12 06 21 City Council Proceedings Official1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on December 6, 2021, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones (via phone), Resnick,
Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell (via phone).
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
PRESENTATION(S)
1. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on
the COVID-19 pandemic and response activities.
PROCLAMATION(S)
1. Eradication of Generational Poverty Day (December 7, 2021 ) was accepted by Caprice
Jones, Executive Director of the Fountain of Youth Program.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Sprank. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 11/15 and 11/22; Arts and
Cultural Affairs Commission of 11/23; Cable TV Commission of 6/16 and 11/17; Civil Service
Commission of 11/04; Historic Preservation Commission of 11/18; Human Rights Commission
of 9/13; Library Board of Trustees of 9/23; Library Board of Trustees Update of 11/18; Zoning
Board of Adjustment of 10/28; Proof of Publication for City Council Proceedings of 11/01. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Phyllis Hankel for personal injury; Joshua Holder for vehicle
damage; Scott Kress for property dam age; Caitlyn Tekippe for vehicle damage. Upon motion
the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Anthony Cobbins for vehicle damage; Phyllis Hankel for personal injury; Joshua Holder for
vehicle damage; Scott Kress for property damage; Caitlyn Tekippe for vehicle damage; White
Animal Hospital for property damage. Upon motion the documents were received, filed, and
concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
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Resolution No. 407-21 Authorizing the Director of Finance and Budget/City Treasurer to make
certain payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 407-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE
CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT
IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the
Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or
property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and
services have been pre-audited by Finance Department personnel in accordance with generally
accepted internal control procedures and have been determined to have been requisitioned for
a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached
hereto, and by this reference made a part hereof, to be drawn to pay for goods and services
provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18
adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in
payment of certain expenditures known as Exception Expenditures prior to City Council approval
and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for
goods and services provided for City purposes in response to the purchase orders and contracts
issued in compliance with state and municipal code requirements as requested by designated
requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Iowa Tourism Grant Agreement for Execution: City Manager recommended approval of
the Iowa Tourism Grant Agreement in the amount of $10,000. Upon motion the documents were
received, filed, and approved.
6. National League of Cities Letter on Virtual 2021 City Summit : Correspondence from Nick
Kasza, Sustainability Program Manager of the National League of Cities (NLC), thanking
Council Member and Mayor-elect Cavanagh for contributing to the NLC's Virtual 2021 City
Summit. Upon motion the documents were received and filed.
7. Federal Historic Tax Credit National Sign On Letter: City Manager provided a copy of a
national sign on letter to federal legislators and chairmen requesting inclusion of provisions that
would enhance the federal historic tax credit within Congress's Build Back Better legislation.
Upon motion the documents were received and filed.
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8. Environmental Protection Agency (EPA) Environmental Education Grant – City Letter of
Commitment: City Manager provided a copy of a letter of commitment from Mayor Buol to the
Environmental Protection Agency (EPA) Environmental Education Review Committee regarding
the National Mississippi River Museum & Aquarium's Teens Take CAARE Climate Action
Outreach Project and environmental literacy program. Upon motion the documents were
received and filed.
9. Letter of Support for Hirschbach Motor Lines Childcare Challenge Grant Application : City
Manager provided a copy of a letter of support to Hirschbach Motor Lines regarding their
Childcare Challenge Grant Application to open an on -site high quality Early Learning Center.
Upon motion the documents were received and filed.
10. Mediacom Communications Company Letter on Programming Changes and Rate
Adjustments: Correspondence from Lee Grassley, Senior Manager of Government Relations
for Mediacom Communications Company, informing the city of programming changes and rate
adjustments being implemented on or about January 1, 2022. Upon motion the documents were
received and filed.
11. Pre-Annexation Agreement - ITC Midwest, LLC: City Manger recommended approval of
a Pre-Annexation Agreement with ITC Midwest, LLC, for property at 8939 Laudeville Road in
Dubuque County located within two miles of the City of Dubuque corporate limits, in conjunction
with their request for approval of a final plat. Upon motion the documents were received and
filed, and Resolution No. 408-21 Approving a Pre-Annexation Agreement between the City of
Dubuque, Iowa and ITC Midwest, LLC was adopted.
RESOLUTION NO. 408-21
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND ITC MIDWEST, LLC
Whereas, ITC Midwest, LLC, the owner of the following described property located at 8939
Laudeville Road, immediately west of the intersection of Olde Davenport and Schueller Heights
Roads in Dubuque County, Iowa (the Property) has submitted to the City Council of the city of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 4 of Lot 2 in the north half of the southwest quarter of Section 30, Township 88
North, Range 3 East of the 5th P.M., Dubuque County, Iowa
Whereas, ITC Midwest, LLC has entered into a Pre -annexation Agreement with the City of
Dubuque, a copy of which is attached hereto go verning the future annexation of the Property;
and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between ITC Midwest, LLC and the City of
Dubuque is hereby approved.
Passed, approved and adopted this 6th day of December 2021.
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Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. Pre-Annexation Agreement - Harry J. and Mary E. Althaus - Parcel ID 1002452006: City
Manager recommended approval of a Pre-Annexation Agreement with Harry J. and Mary E.
Althaus, property owners, of Lot One (1) of Alt’s Subdivision, Dubuque, Iowa, in Section 2,
Township 89 North, Range 2 East of the 5th P.M., as part of an agreement between the City of
Dubuque and Harry J. and Mary E. Althaus to vacate an easement. Upon motion the documents
were received and filed, and Resolution No. 409-21 Approving a Pre-Annexation Agreement
between the City of Dubuque, Iowa and Harry J. and Mary E. Althaus was adopted.
RESOLUTION NO. 409-21
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND HARRY J. AND MARY E. ALTHAUS
Whereas, Harry J. and Mary E. Althaus, the owner of the following described property located
north of Tanzanite Drive and west of Sapphire Circle in Dubuque County, Iowa (the Property)
have submitted to the City Council of the city of Dubuque an application for voluntary annexation
of the Property to the City of Dubuque:
Lot One (1) of Alt’s Subdivision, Dubuque County, Iowa, in Section 2, Township 89
North, Range 2 east of the 5th P.M., according to the recorded plats thereof, subject
to highway and easements of record.
Whereas, Harry J. and Mary E. Althaus have entered into a Pre -annexation Agreement with
the City of Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension o f city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Harry J. and Mary E. Althaus and
the City of Dubuque is hereby approved.
Passed, approved and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
13. Pre-Annexation Agreement - Harry J. and Mary E. Althaus - Parcel ID 1002452009: City
Manager recommended approval of a Pre-Annexation Agreement with Harry J. and Mary E.
Althaus, property owners, of Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Io wa, as part
of an agreement between the City of Dubuque and Harry J. and Mary E. Althaus to vacate an
easement. Upon motion the documents were received and filed, and Resolution No. 410 -21
Approving a Pre-Annexation Agreement between the City of Dubuque, I owa and Harry J. and
Mary E. Althaus was adopted.
RESOLUTION NO. 410-21
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APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND HARRY J. AND MARY E. ALTHAUS
Whereas, Harry J. and Mary E. Althaus, the owner of the following described property located
north of Tanzanite Drive and west of Sapphire Circle in Dubuque County, Iowa (the Property)
have submitted to the City Council of the city of Dubuque an application for voluntary annexation
of the Property to the City of Dubuque:
Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa.
Whereas, Harry J. and Mary E. Althaus have entered into a Pre -annexation Agreement with
the City of Dubuque, a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Harry J. and Mary E. Althaus and
the City of Dubuque is hereby approved.
Passed, approved and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
14. Pre-Annexation Agreement - Randy W. and Constance J. Mueller: City Manager
recommended approval of a Pre-Annexation Agreement with Randy W. and Constance J.
Mueller, property owners of 10096 Timothy Street in Dubuque County. Upon motion the
documents were received and filed, and Resolution No. 411 -21 Approving a Pre-Annexation
Agreement between the City of Dubuque, Iowa and Randy W and Constance J Mueller was
adopted.
RESOLUTION NO. 411-21
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND RANDY W AND CONSTANCE J MUELLER
Whereas, Randy W and Constance J Mueller, the owner of the following described property
located at 10096 Timothy Street in Dubuque County, Iowa (the Property) have submitted to the
City Council of the city of Dubuque an application for voluntary annexation of the Property to the
City of Dubuque:
Lot 17 of Twin Ridge Subdivision No. 5 in Section 12, Table Mound Township,
Dubuque County, Iowa, according to the recorded plat thereof
Whereas, Randy W and Constance J Mueller have entered into a Pre-annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annexation of
the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
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Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Randy W and Constance J
Mueller and the City of Dubuque is hereby approved.
Passed, approved and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
15. Pre-Annexation Agreement - Russell K. and Tracey L. Stecklein: City Manager
recommended approval of a Pre-Annexation Agreement with Russell K. and Tracy L. Stecklein,
property owners of 106975 Daisy Trail, located in Wildflower Ridge Subdivision in Dubuque
County. Upon motion the documents were received and filed, and Resolution No. 412-21
Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Russell K. and
Tracey L. Stecklein was adopted.
RESOLUTION NO. 412-21
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND RUSSELL K. AND TRACEY L. STECKLEIN
Whereas, Russell K and Tracey L Stecklein, the owners of the following described property
located at 16975 Daisy Trail in Dubuque County, Iowa (the Property) have submitted to the City
Council of the city of Dubuque an application for voluntary annexation of the Property to the City
of Dubuque:
Lot 8 of Block 1 of Wildflower Ridge Subdivision in Dubuque Township, Dubuque
County, Iowa, according to the recorded plat thereof
Whereas, Russell K. and Tracey L. Stecklein have entered into a Pre-annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annexation of
the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Russell K. and Tracey L. Stecklein
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
16. Rent Abatement and Escrow Policy: City Manager recommended the City Council receive
and file the Rent Escrow Policy and the Rent Abatement Policy, ensuring the public has
notification these policies are in effect. Upon motion the documents were received and filed.
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17. Eagle Point Park Bridge Complex Roof Replacement Project Acceptance : City Manager
recommended acceptance of the Eagle Point Park Bridge Complex Roof Replacement Project,
as completed by Gronen Restoration, Inc., in the final contract amount of $164,194.99, which is
a 21.7% increase over the original contract amount of $134,918.00. Upon motion the documents
were received and filed, and Resolution No. 413-21 Accepting the Eagle Point Park Bridge
Complex Roof Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 413-21
ACCEPTING THE EAGLE POINT PARK BRIDGE COMPLEX ROOF PROJECT AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Eagle Point Park Bridge Complex Roof
Project, (the Project) has been completed by the Contractor, Gronen Restoration (Contractor),
the Park Division Manager has examined the work and recommends that the Project be
accepted; and
Whereas, the final contract amount for the Project is $164,194.99; and
Whereas, the City Council finds that the recommendation of the Park Division Manager
should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Park Division Manager is approved, and the Project
is hereby accepted.
Section 2. The finance Director is hereby directed to pay to the Contractor for the final contract
amount of $164,194.99.00 less any retained percentage provided for therein as provided in Iowa
Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code chapter 573.
Passed, approved, and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
18. Public, Educational, and Government (PEG) Fund Expenditure for City Equipment: City
Manager recommended approval of the Cable TV Commission recommendation for funding
from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and
Facilities in an amount not to exceed $30,200 for the City of Dubuque for equipment to be used
for CityChannel Dubuque by the Public Information O ffice. Upon motion the documents were
received, filed, and approved.
19. Signed Contract(s): WHKS & Co. for Task Order #6 for the Auburn-Custer Streets Water
Main Replacement. Upon motion the documents were received and filed.
20. Iowa Department of Transportation HMA Resurfacing Project on US 61: Correspondence
from Jesse Tibodeau, Assistant District Engineer for the Iowa Department of Transportation,
notifying the City Council of a HMA resurfacing project on US 61 near the Dubuque Airport to
Lake Eleanor Road. Upon motion the documents were received and filed.
21. Phase 3 - HMA Pavement Milling and Resurfacing Project: White Street (9th to 11th) and
11th Street (White to Elm) Acceptance of Public Improvement Project : City Manager
recommended acceptance of the construction contract for the HMA Pavement Milling and
Resurfacing Project on White Street (formerly US52) from 9th to 11th Street and on 11th Street
from White to Elm Street, as completed by Eastern Iowa Excavating & Concrete, LLC, in the
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final contract amount of $659,031.01, which is a 0.71% decrease from the original contact
amount of $663,771.22. Upon motion the documents were received and filed, and Resolution
No. 414-21 Accepting the HMA Pavement Milling and Resurfacing Project on White Street
(formerly US52) from 9th to 11th Street and on 11th Street from White to Elm Street and
authorizing the payment to the contractor was adopted.
RESOLUTION NO. 414-21
ACCEPTING THE HMA PAVEMENT MILLING AND RESURFACING PROJECT ON WHITE
STREET (FORMERLY US52) FROM 9TH TO 11TH STREET AND ON 11TH STREET FROM
WHITE TO ELM STREET AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the HMA Pavement Milling and Resurfacing
Project on White Street (formerly US52) from 9th to 11th Street and on 11th Street from White
to Elm Street, (the Project) has been completed by the Contractor, Eastern Iowa Excavating &
Concrete, LLC of Cascade, Iowa (Contractor), the City Engineer has examined the work and
recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $659,030.01; and
Whereas, the Contractor has previously been paid $635,884.19, leaving a balance of
$23,145.82; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved , and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the
retainage of $23,145.82 as provided in Iowa Code chapter 573, and to pay such retainage in
accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF HMA PAVEMENT MILLING
AND RESURFACING PROJECT ON WHITE STREET (FORMERLY US52) FROM 9TH TO
11TH STREET AND ON 11TH STREET FROM WHITE TO ELM STREET
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the HMA Pavement Milling and Resurfacing Project on White Street from 9th to 11th
Street and on 11th Street from White to Elm Street has been performed in compliance with the
terms of the Public Improvement Contract, and that the total project cost of the completed work
is $770,176.41.
Dated this 2nd day of December 2021.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 2nd day of December 2021.
/s/Adrienne N. Breitfelder, City Clerk
22. Althaus Agreement to Vacate Easement: City Manager recommended approval of an
Agreement to Vacate Easement with Harry J. and Mary E. Althaus for the vacation of 48,391
square foot permanent right-of-way easement that is part of Tanzanite Drive across Lot 2 of Alt’s
Subdivision, Plat 2, in Dubuque County, Iowa, to fac ilitate future development of the property.
Upon motion the documents were received and filed, and Resolution No. 415 -21 Approving an
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Agreement to Vacate Easement between the City of Dubuque, Iowa and Harry J. and Mary E.
Althaus was adopted.
RESOLUTION NO. 415-21
APPROVING AN AGREEMENT TO VACATE EASEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND HARRY J. AND MARY E. ALTHAUS
Whereas, the City of Dubuque is party to an Agreement to Vacate Easement with Harry J.
and Mary E. Althaus (Althaus) for the vacation of a 48,391 square foot permanent right of way
easement that is part of Tanzanite Drive across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque
County, Iowa, as shown on the Acquisition Plat recorded as Instrument Number 12718-01 in the
Dubuque County Recorder’s Office; and
Whereas, the City has determined that the remaining right of way area in Tanzanite Drive is
sufficient to accommodate existing and future utilities; and
Whereas, Althaus has executed the Agreement to Vacate Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement to Vacate Easement attached hereto is hereby approved.
Section 2. The Mayor is authorized and directed to execute the Agreement to Vacate
Easement on behalf of the City of Dubuque
Passed, approved, and adopted this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
23. Design of the Granger Creek Pump Station Upgrade Project : City Manager requested
authorization to release a Request for Proposal for the Design of the Granger Creek Pump
Station Update Project. Upon motion the documents were received, filed, and approved.
24. Design of the Tamarack Sanitary Sewer Extension Project: City Manager requested
authorization to release a Request for Proposal for the Design of the Tamarack Sanitary Sewer
Extension Project. Upon motion the documents were received, filed, and approved.
25. Design of the Twin Ridge Sanitary Sewer Extension Project: City Manager requested
authorization to release a Request for Proposal for the Design of the Twin Ridge Sanitary Sewer
Extension Project. Upon motion the documents were received, filed, and approved.
26. Liquor License Renewals: City Manager recommended approval of annual beer, liquor
and wine licenses as submitted. Upon motion the documents were received and filed, and
Resolution No. 416-21 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. 416-21
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
W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed
with the City Council for approval, and the same have been examined, provisionally approved,
and/or approved; and
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W hereas, 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, IOW A THAT:
Renewals
Fuel Express Food Mart, 250 W 1st St.
Happy's Place, 2323 Rockdale Rd
Pepper Sprout, Inc., 378 Main St.
Next Phase Bar, 1700 Central Ave
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:
Passed, approved, and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public
hearings as indicated. Seconded by Farber. Motion carried 7-0.
1. Fiscal Year 2022 Annual Action Plan Amendment #2 Public Hearing : City Manager
recommended the City Council set a public hearing for December 20, 2021, on the Fiscal Year
2022 Annual Action Plan Amendment #2 for the use of Community Development Block Grant
Funds. Upon motion the documents were received and filed and Resolution No. 417-21 Setting
a public hearing on the Fiscal Year 2022 (Program Year 2021) Community Development Block
Grant (CDBG) Annual Action Plan Amendment #2 was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on December 20, 2021 in the Historic Federal Building.
RESOLUTION NO. 417-21
SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2022 (PROGRAM YEAR 2021)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
AMENDMENT #2
Whereas, the City of Dubuque, through a series of public meetings and hearings, proposed
a Fiscal Year 2022 (Program Year 2021) Community Development Block Grant Annual Action
Plan for inclusion in the City Budget addressing housing and non -housing needs in the
community; and
Whereas, the City desires to hold a public hearing to receive comment on the prop osed
second amendment to the Fiscal Year 2022 (Program Year 2021) Community Development
Block Grant Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers,
2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on December 20, 2021 for the
purpose of holding a public hearing and taking action to include the Fiscal Year 2022 (Program
Year 2021) Community Development Block Grant Annual Action Plan Amendment #2 in the City
Budget.
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Section 2. That the City Clerk is hereby authorized and directed to publish a notice of such
public hearing and the City Council’s intent to review and take action on the Fiscal Year 2022
(Program Year 2021) Community Development Block Grant Annual Plan Amendment #2.
Passed, approved, and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Vacate Portion of Tanzanite Drive/Right of Way Easement - Althaus Agreement to Vacate
Easement; City Manager recommended approval of the request to vacate a 48,391 square foot
permanent right of way easement that is part of Tanzanite Drive for a purchase price of $17,500,
and recommends that a public hearing be set for December 20, 2021, on the disposal of this
property. Upon motion the documents were received and filed and Resolution No. 418-21 Intent
to vacate and dispose of city interest in a Permanent Right of Way Easement, being part of
Tanzanite Drive, over and across Lot 2 of Alt’s Subdvision, Plat 2, in Dubuque County, Iowa
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 20,
2021 in the Historic Federal Building.
RESOLUTION NO. 418-21
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PERMANENT RIGHT OF
WAY EASEMENT, BEING PART OF TANZANITE DRIVE, OVER AND ACROSS LOT 2 OF
ALT’S SUBDVISION, PLAT 2, IN DUBUQUE COUNTY, IOWA
Whereas, Harry J. and Mary E. Althaus (Althaus) are the current owners of Lot 2 of Alt’s
Subdivision, Plat 2, in Dubuque County, Iowa; and
Whereas, the City holds a 48,391 square foot permanent right of way easement that is part
of Tanzanite Drive across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County, Iowa, as shown
on the Acquisition Plat recorded as Instrument Number 12718 -01 in the Dubuque County
Recorder’s Office; and
Whereas, the City and Althaus have entered into an agreement to vacate said 48,391 square
foot permanent right of way easement that is part of Ta nzanite Drive across Lot 2 of Alt’s
Subdivision, Plat 2, in Dubuque County, Iowa; and
Whereas, the remaining right of way area in Tanzanite Drive is sufficient to accommodate
existing and future utilities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in the
permanent right of way easement across Lot 2 of Alt’s Subdivision, Plat 2, in Dubuque County,
Iowa, as shown on the Acquisition Plat rec orded as Instrument Number 12718-01 in the
Dubuque County Recorder’s Office, and as shown on the attached Exhibit A.
Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to dispose of said interest to be published in the manner as prescribed by law.
Passed, approved and adopted this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants were
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
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1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2022 (Vacant term
of Huff). Applicant: Brenda Christner, 655 Florence St. Ms. Christner spoke in support of her
appointment and provided a brief biography.
B. Historic Preservation Commission: One, 3-Year term through July 1, 2022 (Interim Jackson
Park term of Reber) Applicant: Janice Esser, 1072 Locust St. - Qualifies for Jackson Park
District. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners
total; currently 5 males/2 females/2 opening .
C. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2022
(Vacant term of Reisdorf). Applicant: Joshua Merritt, 2454 Pennsylvania Ave.
PUBLIC HEARINGS
1. 2022 John F. Kennedy Road Sidewalk Installation Project : Proof of publication on notice
of public hearing to consider City Council approval of a Resolution of Necessity and approval of
the Preliminary Schedule of Assessments for the 2022 John F. Kennedy (JFK) Road Sidewalk
Installation Project, and City Manager recommend ed approval. Motion by Cavanagh to receive
and file the documents and adopt Resolution No. 419-21 Necessity for the 2022 John F.
Kennedy Road Sidewalk Installation Project and Resolution No. 420-21 Approving the
Preliminary Plats, Schedule of Assessments and estimate of total cost for the 2022 John F.
Kennedy Road Sidewalk Installation Project. Seconded by Jones. Sheri Clancy, 2691 Marywood
Dr.; Jolene Rettenberger, 2291 Gordon Dr.; and Robert Biggin, 3253 Arrowwood Ln., spoke in
opposition to the proposed installation of sidewalks along JFK Road. Charles Winterwood, 1555
Montrose Ter.; and Bill Stoffel, 2905 Fox Hollow, spoke in support of sidewalk installation. City
Clerk Breitfelder stated that public input opposing sidewalks was submitted by the following:
Larry Youtzy; Margie McDonnell, 2548 Rosewood Dr.; Lavonne Jahnke Cohen on behalf of her
mother, Virginia Jahnke, 3199 JFK Road; Sheri Clancy, 2691 Marywood Dr.; and two opposition
petitions submitted on December 1, 2021, by Jolene Rettenberger, 2291 Gordon Dr. City Clerk
Breitfelder also stated that public input supporting sidewalks was submitted by Jan and Bill
Stoffel, 2905 Fox Hollow. Responding to a question from the City Council, City Engineer Gus
Psihoyos summarized the city-wide policy for sidewalks, including that all new street projects
require sidewalk installation. Civil Engineer II Jon Dienst summarized the stump and sidewalk
replacement policy. City Council discussed the necessity of sidewalks for pedestrian safety and
the opportunities pursued by city staff to assist residents with their assessment costs and future
snow removal. Motion carried 7-0.
RESOLUTION NO. 419-21
NECESSITY FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION
PROJECT
Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the
2022 John F. Kennedy Road Sidewalk Installation Project have been duly prepared and
approved by the City Council of the City of Dubuque and ordered placed on file in the office of
City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The 2022 John F. Kennedy Road Sidewalk Installation Project will provide:
Installation of sidewalks along John F. Kennedy Road from Asbury Road to the NW Arterial
in areas sidewalks do not exist.
− Installation of 3884 LF of 4’ wide concrete sidewalk
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− Installation of 1164 SF of retaining wall at 7 locations
− Installation of new ADA pedestrian access ramps at street intersections
− Restoration of disturbed areas with seed, fertilizer and mulch
There is on file in the office of the City Clerk an estimated total cost of the work, and a
preliminary plat and schedule showing the amount proposed to be assessed to each lot for the
improvement.
The Council will hear property owners subject to the assessment and interested parties for
or against the improvement, its cost, the assessment, or the boundaries of the district on the 6 th
of December 2021 at 6:30 p.m. at the Historic Federal Building Council Chambers (and/or by
virtual means), 350 West 6th Street, Dubuque, Iowa.
That the City Council deems it advisable and necessary for the public welfare to make the
herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is deemed to have waived all objections pertaining
to the regularity of the proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications
which have been approved by the City Council and are now on file in the Office of the City Clerk.
The cost of making such improvement will be assessed against property lying with the
assessment limits.
The above resolution was introduced, approved, and ordered placed on file with the City Clerk
this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 420-21
APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE
OF TOTAL COST FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached preliminary plats, schedule of assessments, and estimate of total cost for
the 2022 John F. Kennedy Road Sidewalk Installation Project are hereby approved.
Passed, approved and adopted this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. 2021 Redistricting Plan for City Wards & Precincts: Proof of publication on notice of public
hearing to consider City Council approval of the 2021 Redistricting Plan for City Wards and
Precincts, and City Manager recommended approval. Motion by Cavanagh 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 Sprank. Responding to a question from the City Council, Planning Services
Manager Wally Wernimont summarized the process for the city expanding its precincts to
include rural areas as extraterritorial precincts. Motion carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 43-21 Amending
Title 1 Administration of the City of Dubuque Code, by amending Chapter 8 Elections, Precincts
and Wards, by updating precinct boundaries to reflect the 2021 Wards & Precincts Redistric ting
Plan. Seconded by Sprank. Motion carried 7-0.
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Motion by Cavanagh to receive and file the documents and adopt Resolution No. 421-21
Approving a Precinct Agreement between Dubuque County and the City of Dubuque. Seconded
by Sprank. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-21
AMENDING TITLE 1 ADMINISTRATION OF THE CITY OF DUBUQUE CODE, BY
AMENDING CHAPTER 8 ELECTIONS, PRECINCTS AND WARDS, BY UPDATING
PRECINCT BOUNDARIES TO REFLECT THE 2021 WARDS & PRECINCTS
REDISTRICTING PLAN
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 1 of the City of Dubuque Code of Ordinances, Chapter 8 Elections,
Precincts and Wards, is hereby amended by updating precinct and ward boundaries to reflect
the 2021 Wards and Precincts Redistricting Plan by repealing sections 8 -4 through 8-28 and
adopting the following precinct and wards descriptions:
1-8-4: PRECINCT 1:
The 1st Precinct is described as that portion of the city of Dubuque and Dubuque
County bounded by a line
• beginning at the point where Fremont Avenue intersects North Cascade Road,
• thence southwesterly along North Cascade Road until it intersects the boundary
of the city of Dubuque,
• thence southwesterly along the boundary of the city of Dubuque until it intersects
the boundary of Table Mound Township,
• thence westerly along the boundary of Table Mound Township until it intersects
with the boundary of the city of Dubuque,
• thence westerly and southerly along the boundary of the city of Dubuque until it
intersects with the centerline of US Highway 61,
• thence northerly and easterly along the boundary of the city of Dubuque until it
intersects the boundary of Mosalem Township,
• thence northerly along the boundary of Mosalem Township until it intersects with
the boundary of the city of Dubuque
• thence westerly along the boundary of the city of Dubuque until it intersects US
Highway 151/61,
• thence northerly along Highway 151/61 until it intersects the Chicago Central and
Pacific Railroad centerline,
• thence westerly along the Chicago Central and Pacific Railroad centerline until it
intersects Fremont Avenue,
• thence southwesterly along Fremont Avenue to the point of origin at the
intersection of Fremont Avenue and North Cascade Road.
1-8-5: PRECINCT 2:
The 2nd Precinct is described as that portion of the city of Dubuque bounded by a line
• beginning at the point where South Grandview Avenue intersects Southern
Avenue,
• thence southerly along Southern Avenue until it intersects Rockdale Road,
• thence southwesterly along Rockdale Road until it intersects the Chicago Central
and Pacific Railroad centerline,
• thence northerly along the Chicago Central and Pacific Railroad centerline until it
intersects Fremont Avenue,
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• thence southerly and westerly along Fremont Avenue until it intersects North
Cascade Road,
• thence westerly along North Cascade Road until it intersects the boundary of the
city of Dubuque,
• thence northerly and westerly along the boundary of the city of Dubuque until it
intersects the boundary of Census Block 3014, Tract 101.04,
• thence northerly along the boundary of Census Block 3014, Tract 101.04 until it
intersects Dodge Street,
• thence easterly along Dodge Street until it intersects John F. Kennedy Road,
• thence northerly along John F. Kennedy Road until it intersects University
Avenue,
• thence easterly along University Avenue until it intersects University Avenue
Extension,
• thence southerly along University Avenue Extension until it intersects Dodge
Street,
• thence easterly along Dodge Street until it intersects South Grandview Avenue,
• thence southerly along South Grandview Avenue to the point of origin at the
intersection of South Grandview Avenue and Southern Avenu e.
1-8-6: PRECINCT 3:
The 3rd Precinct is described as that portion of the city of Dubuque bounded by a line
• beginning at the point where the Northwest Arterial intersects Dodge Street,
• thence easterly along Dodge Street until it intersects Wacker Drive,
• thence northerly along Wacker Drive until it intersects John F. Kennedy Road,
• thence northerly along John F. Kennedy Road until it intersects Hillcrest Road,
• thence westerly along Hillcrest Road until it intersects Key Way Drive,
• thence southerly along Key Way Drive until it intersects Census Block 1009, Tract
12.05,
• thence westerly along Census Block 1009, Tract 12.05 until it intersects Census
Block 1019, Tract 12.05,
• thence northwesterly along Census Block 1019, Tract 12.05 until it intersects with
Hillcrest Road,
• thence westerly along Hillcrest Road until it intersects Rosemont Street,
• thence southerly along Rosemont Street until it intersects Pennsylvania Avenue,
• thence westerly along Pennsylvania Avenue until it intersects the Northwest
Arterial,
• thence southerly along the Northwest Arterial to the point of origin at the
intersection of the Northwest Arterial and Dodge Street.
1-8-7: PRECINCT 4:
The 4th Precinct is described as that portion of the city of Dubuque and Dubuque
County bounded by a line
• beginning at the point where the Northwest Arterial intersects Dodge Street,
• thence westerly along Dodge Street until it intersects, Census Block 3014, Tract
101.04,
• thence southerly along Census Block 3014, Tract 101.04 until it intersects the
boundary of the city of Dubuque,
• thence easterly along the boundary of the city of Dubuque until it intersects the
intersection of the boundary of Dubuque Township and the boundary of Table
Mound Township,
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• thence westerly along the boundary of Dubuque Township until it intersects
Census Block 3029, Tract 101.04,
• thence southeasterly along the boundary of Census Block 3029, Tract 101.04
until it intersects the boundary of the city of Dubuque,
• thence southerly and westerly along the boundary of the city of Dubuque until it
intersects the intersection of US Highway 20,
• thence westerly along the boundary of the city of Dubuque until it intersects the
intersection of Seippel Road and Old Highway Road,
• thence northerly along Seippel Road until it intersects the boundary of the city of
Dubuque,
• thence northerly along the boundary of city of Dubuque until it intersects the
intersection of Census Block 1001, Tract 11.03 and Asbury Road,
• thence easterly along Asbury Road until its intersection with eastern boundary of
Block 1001, Tract 12.05,
• thence southerly along Block 1001, Tract 12.05 until it intersects Hillcrest Road,
• thence westerly along Hillcrest Road until it intersects Rosemont Street,
• thence southerly along Rosemont Street until it intersects Pennsylvania Avenue,
• thence westerly along Pennsylvania Avenue until it intersects the Northwest
Arterial,
• thence southerly along the Northwest Arterial to the point of origin at the
intersection of the Northwest Arterial and Dodge Street.
1-8-8: PRECINCT 5:
The 5th Precinct is described as that portion of city of Dubuque and Dubuque County
bounded by a line
• beginning at the point where John F. Kennedy Road intersects Hillcrest Road,
• thence westerly along Hillcrest Road until it intersects Key W ay Drive,
• thence southerly along Key Way Drive until it intersects Census Block 1009, Tract
12.05,
• thence westerly along Census Block 1009, Tract 12.05 until it intersects Census
Block 1019, Tract 12.05,
• thence northwesterly along Census Block 1019, Tract 12.05 until it intersects
Census Block 1001, Tract 12.05,
• thence along the easterly boundary of Census Block 1001, Tract 12.05 until it
intersects Asbury Road,
• thence westerly along Asbury Road to where it intersects the boundary of the city
of Asbury,
• thence westerly along the boundary of the city of Asbury until it intersects the
intersection of Hales Mill Road and Sagewood Drive,
• thence westerly along Sagewood Drive until it intersects Hales Mill Road,
• thence northwesterly along Hales Mill Road until it intersects Derby Grange Road,
• thence northeasterly along Derby Grange Road until it intersects the intersection
of Census Block 1038, Tract 101.04 and the boundary of the city of Dubuque,
• thence northerly, easterly, and southerly along the boundary of the city of
Dubuque until it intersects the intersection of John Wesley Drive and Kennedy
Road,
• thence southerly along Kennedy Road/John F Kennedy Road until it intersects
the point of origin at the intersection of John F Kennedy Road and Hillcrest Road.
1-8-9: PRECINCT 6:
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The 6th Precinct is described as that portion of the city of Dubuque and Dubuque
County bounded by a line
• beginning at the point that Asbury Road intersects John F. Kennedy Road,
• thence northerly along John F. Kennedy Road until it intersects Barony Drive,
• thence easterly along Barony Drive until it intersects Kingston Way,
• thence northerly along Kingston Way until it intersects Forest Gate Road,
• thence northerly along Forest Gate Road until it intersects Kennedy Road,
• thence easterly along Kennedy Road until it intersects Rolling Hills,
• thence southwesterly along Rolling Hills until it intersects the boundary of the city
of Sageville,
• thence westerly along the boundary of the city of Sageville until it intersects the
boundary of the city of Dubuque,
• thence southerly and easterly along the boundary of the city of Dubuque until it
intersects Central Avenue,
• thence southerly along Central Avenue until it intersects Aquin Avenue,
• thence easterly along Aquin Avenue until it intersects Jackson S treet,
• thence southerly along Jackson Street until it intersects East 32nd Street,
• thence westerly along East 32nd Street/West 32nd Street until it intersects Carter
Road,
• thence southerly along Carter Road until it intersects Kaufmann Avenue,
• thence westerly along Kaufmann Avenue until it intersects Evergreen Drive,
• thence southerly along Evergreen Drive until it intersects Asbury Road,
• thence westerly along Asbury Road to the point of origin at the intersection of
Asbury Road and John F. Kennedy Road.
1-8-10: PRECINCT 7:
The 7th Precinct is described as that portion of the city of Dubuque bounded by a line
• beginning at the point that Wacker Drive and Dodge Street intersect,
• thence northerly along Wacker Drive until it intersects John F. Kennedy Road,
• thence northerly along John F. Kennedy Road until it intersects Asbury Road,
• thence easterly along Asbury Road until it intersects Chaney Road,
• thence southerly along Chaney Road until it intersects Saint Anne Drive,
• thence westerly along Saint Anne Drive until it intersects Bristol Drive,
• thence southerly along Bristol Drive until it intersects Pennsylvania Avenue,
• thence easterly along Pennsylvania Avenue until it intersects Drexel Avenue,
• thence southerly along Drexel Avenue until it intersects Van Buren Street,
• thence westerly along Van Buren Street until it intersects Census Block 3015,
Tract 12.01,
• thence southerly along Census Block 3015, Tract 12.01 until it intersects
University Avenue,
• thence westerly along University Avenue until it intersects John F. Kennedy Road,
• thence southerly along John F. Kennedy Road until it intersects Dodge Street,
• thence westerly along Dodge Street to the point of origin at the intersection of
Wacker Drive and Dodge Street.
1-8-11: PRECINCT 8:
The 8th Precinct is described as that portion of the city of Dubuque bounded by a line
• beginning at the point that North Grandview Avenue intersects West 32nd Street,
• thence westerly along West 32nd Street until it intersects Carter Road,
• thence southerly along Carter Road until it intersects Kaufmann Avenue,
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• thence westerly along Kaufmann Avenue until it intersects Evergreen Drive,
• thence southerly along Evergreen Drive until it intersects Asbury Road,
• thence easterly along Asbury Road until it intersects Chaney Road,
• thence southerly along Chaney Road until it intersects Saint Anne Drive,
• thence easterly along Saint Anne Drive until it intersects Wilbricht Lane,
• thence easterly along Wilbricht Lane until it intersects Asbury Road,
• thence southeasterly along Asbury Road until it intersects Rosedale Avenue,
• thence easterly along Rosedale Avenue until it intersects Avoca Street,
• thence northerly along extension of Avoca Street until it intersects North
Grandview Avenue,
• thence northerly along North Grandview Avenue to the point o f origin at the
intersection of North Grandview Avenue and West 32nd Street.
1-8-12: PRECINCT 9:
The 9th Precinct is described as that portion of the city of Dubuque bounded by a line
• beginning at the point that Hempstead Street intersects Kaufmann Avenue,
• thence westerly along Kaufmann Avenue until it intersects North Grandview
Avenue Extension,
• thence southwesterly along North Grandview Avenue Extension until it intersects
North Grandview Avenue,
• thence southerly along North Grandview Avenue until it intersects Avoca Street,
• thence southerly along Avoca Street until it intersects Delaware Street,
• thence easterly along Delaware Street until it intersects North Grandview Avenue,
• thence southerly along North Grandview Avenue until it intersects Fillmore Stree t,
• thence easterly along Fillmore Street until it intersects Adair Street,
• thence southerly along Adair Street until it intersects Loras Boulevard,
• thence easterly along Loras Boulevard until it intersects Loras College Parkway,
• thence northerly along Loras College Parkway until it intersects Cox Street,
• thence northerly along Cox Street until it intersects Kirkwood Street,
• thence northeasterly along Kirkwood Street until it intersects West Locust Street,
• thence easterly along West Locust Street until it intersects Foye Street,
• thence northerly along Foye Street until it intersects Lowell Street,
• thence westerly along Lowell Street until it intersects Hempstead Street,
• thence northerly along Hempstead Street to the point of origin at the intersection
of Hempstead Street and Kaufmann Avenue.
1-8-13: PRECINCT 10:
The 10th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at a point that University Avenue Extension intersects Dodge Street,
• thence easterly along Dodge Street until it intersects Census Block 3021, Tract 9,
• thence northerly along Census Block 3021, Tract 9 until it intersects Bennett
Street,
• thence easterly along Bennett Street until it intersects North Algona Street,
• thence northerly along North Algona Street until it intersects Delaware Street,
• thence westerly along Delaware Street until it intersects Avoca Street,
• thence northerly along Avoca Street until it intersects Rosedale Avenue,
• thence westerly along Rosedale Avenue until it intersects Asbury Road,
• thence northwesterly along Asbury Road until it intersects Wilbricht Lane,
• thence westerly along Wilbricht Lane until it intersects Saint Anne Drive,
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• thence westerly along Saint Anne Drive until it intersects Bristol Drive,
• thence southerly along Bristol Drive until it intersects Pennsylvania Avenue,
• thence easterly along Pennsylvania Avenue until it intersects Drexel Avenue,
• thence southerly along Drexel Avenue until it intersects Van Buren Street,
• thence westerly along Van Buren Street until it intersects Census Block 3015,
Tract 12.01,
• thence southerly along Census Block 3015, Tract 12.01 until it intersects
University Avenue,
• thence easterly along University Avenue until it intersects University Avenue
Extension,
• thence southerly along University Avenue Extension to the point of origin at the
intersection of University Avenue Extension and Dodge Street.
1-8-14: PRECINCT 11:
The 11th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at the point that North Grandview Avenue intersects Kaufmann
Avenue,
• thence southerly along North Grandview Avenue until it intersects North
Grandview Avenue Extension,
• thence easterly along North Grandview Avenue Extension until it intersects
Kaufmann Avenue,
• thence easterly along Kaufmann Avenue until it intersects Valeria Street,
• thence easterly along Valeria Street until it intersects West 23rd Street,
• thence easterly along West 23rd Street until it intersects Central Avenue,
• thence northerly along Central Avenue until it intersects West 32nd Street,
• thence westerly along West 32nd Street until it intersects North Grandview
Avenue,
• thence southerly along North Grandview Avenue to the point of origin at the
intersection of North Grandview Avenue and Kaufmann Avenue.
1-8-15: PRECINCT 12:
The 12th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at the intersection of Aquin Avenue and Central Avenue,
• thence easterly along Aquin Avenue until it intersects Jackson Street,
• thence southerly along Jackson Street until it intersects East 32nd Street,
• thence easterly along East 32nd Street until it intersects Census Block 2024,
Tract 101.03,
• thence northerly along Census Block 2024, Tract 101.03 until it intersects Louella
Lane,
• thence northeasterly along Louella Lane until it intersects Peru Road,
• thence easterly along Peru Road until it intersects Sheridan Road,
• thence easterly along Sheridan Road until it intersects Davis Street,
• thence easterly along Davis Street until it intersects W indsor Avenue,
• thence southerly along Windsor Avenue until it intersects Hennepin Street,
• thence easterly along Hennepin Street until it intersects Stafford Street,
• thence southerly along Stafford Street until it intersects Pleasant Street,
• thence easterly along Pleasant Street until it intersects Viola Street,
• thence northerly along Viola Street until it intersects Eagle Street,
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• thence easterly along Eagle Street until it intersects Thomas Place,
• thence northeasterly along Thomas Place until it intersects Ascension Street,
• thence easterly along Ascension Street until it intersects Prescott Street,
• thence northeasterly along Prescott Street until it intersects Roosevelt Street,
• thence northwesterly along Roosevelt Street until it intersects Peru Road,
• thence northerly along Peru Road until it intersects the boundary of the city of
Dubuque,
• thence westerly along the boundary of the city of Dubuque until it intersects
Central Avenue,
• thence southerly along Central Avenue to the point of origin at the inte rsection of
Aquin Avenue and Central Avenue.
1-8-16: PRECINCT 13:
The 13th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at the point that Central Avenue intersects East 24th Street,
• thence northeasterly along East 24th Street until it intersects Queen Street,
• thence northerly along Queen Street until it intersects Marquette Place,
• thence northeasterly along Marquette Place until it intersects Census Block 2009,
Tract 4,
• thence northeasterly along Census Block 2009, Tract 4 until it intersects Clinton
Street,
• thence easterly along Clinton Street until it intersects Brunswick Street,
• thence northerly along Brunswick Street until it intersects Strauss Street,
• thence easterly along Strauss Street until it intersects Balke Street,
• thence northwesterly along Balke Street until it intersects Lawther Street,
• thence northeasterly along Lawther Street until it intersects Windsor Avenue,
• thence northerly along Windsor Avenue until it intersects Davis Street,
• thence westerly along Davis Street until it intersects Sheridan Road,
• thence northerly along Sheridan Road until it intersects Peru Road,
• thence southwesterly along Peru Road until it intersects Louella Lane,
• thence northerly along Louella Lane until it intersects Census Block 2006, Tract
101.03,
• thence southerly along Census Block 2006, Tract 101.03 until it intersects East
32nd Street,
• thence southwesterly along East 32nd Street until it intersects Central Avenue,
• thence southeasterly along Central Avenue to the point of origin at the
intersection of Central Avenue and East 24th Street.
1-8-17: PRECINCT 14:
The 14th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at the point that East 18th Street intersects Cent ral Avenue,
• thence northerly along Central Avenue until it intersects East 24th Street,
• thence easterly along East 24th Street until it intersects Queen Street,
• thence northerly along Queen Street until it intersects Marquette Place,
• thence northerly along Marquette Place until it intersects Census Block 2009,
Tract 4,
• thence northeasterly along Census Block 2009, Tract 4 until it intersects Clinton
Street,
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• thence easterly along Clinton Street until it intersects Brunswick Street,
• thence northerly along Brunswick Street until it intersects Strauss Street,
• thence northeasterly along Strauss Street until it intersects Balke Street,
• thence northwesterly along Balke Street until it intersects Lawther Street,
• thence northeasterly along Lawther Street until it intersects Windsor Avenue,
• thence southerly along Windsor Avenue until it intersects Hennepin Street,
• thence easterly along Hennepin Street until it intersects Stafford Street,
• thence southerly along Stafford Street until it intersects Pleasant Street,
• thence easterly along Pleasant Street until it intersects Viola Street,
• thence northerly along Viola Street until it intersects Eagle Street,
• thence easterly along Eagle Street until it intersects Thomas Place,
• thence southerly along Thomas Place until it intersects Farley Street,
• thence southeasterly along Farley Street until it intersects Rhomberg Avenue,
• thence southwesterly along Rhomberg Avenue until it intersects Kniest Street
Right-of-Way,
• thence southeasterly along Kniest Street Right-of-Way until it intersects Garfield
Avenue,
• thence southwesterly along Garfield Avenue until it intersects Pine Street,
• thence southerly along Pine Street until it intersects Census Block 4026, Tract 5,
• thence westerly along Census Block 4026, Tract 5, until it intersects East 18th
Street,
• thence westerly along East 18th Street to the point of origin at the intersection of
East 18th Street and Central Avenue.
1-8-18: PRECINCT 15:
The 15th Precinct is described as that portion of the city of Dubuque and Dubuque
County bounded by a line
• beginning at the point that Peru Road intersects Roosevelt Street,
• thence northerly along Peru Road until it intersects the boundary of the city of
Dubuque,
• thence westerly along the boundary of the city of Dubuque until it intersects
Tanzanite Drive,
• thence westerly along Tanzanite Drive until it intersects South John Deere Road,
• thence northerly along South John Deere Road until it intersects Emberwood
Drive,
• thence easterly along Emberwood Drive until it intersects Gardners Lane,
• thence southerly along Gardners Lane until it intersects Boleyn Road,
• thence easterly along Boleyn Road until it intersects the boundary of the city of
Dubuque,
• thence northerly along the boundary of the city of Dubuque, until it intersects US
Highway 151/61/Wisconsin Bridge,
• thence westerly along US Highway 151/61 until it intersects East 16th Street,
• thence westerly along East 16th Street until it intersects Census Block 1045,
Tract 1,
• thence northerly along Census Block 1045, Tract 1 until it intersects Census
Block 4026, Tract 5,
• thence northerly along Census Block 4026, Tract 5 until it intersects Pine Street,
• thence northerly along Pine Street until it intersects Garfield Avenue,
22
• thence northeasterly along Garfield Avenue until it intersects Kniest Street Right-
of-Way,
• thence northwesterly along Kniest Street Right-of-Way until it intersects
Rhomberg Avenue,
• thence northeasterly along Rhomberg Avenue until it intersects Farley Street,
• thence westerly along Farley Street until it intersects Thomas Place,
• thence northeasterly along Thomas Place until it intersects Ascension Street,
• thence southeasterly along Ascension Street until it intersects Prescott Street,
• thence northeasterly along Prescott Street until it intersects Roosevelt Street,
• thence northwesterly along Roosevelt Street to the point of origin at the
intersection of Peru Road and Roosevelt Street.
1-8-19: PRECINCT 16:
The 16th Precinct is described as that portion of the city of Dubuque bounded by a line
• beginning at the point that Hill Street intersects West 3rd Street,
• thence southwesterly along Hill Street until it intersects Dodge Street,
• thence easterly along Dodge Street until it intersects the boundary of the city of
Dubuque,
• thence northerly along the boundary of the city of Dubuque until it intersects US
Highway 151/61/Wisconsin Bridge,
• thence westerly along US Highway 151/61 until it intersects East 16th Street,
• thence westerly along East 16th Street until it intersects Census Block 1045,
Tract 1,
• thence northerly along Census Block 1045, Tract 1 until it intersects Census
Block 4026, Tract 5,
• thence northerly and westerly along Census Block 4026, Tract 5 until it intersects
East 18th Street,
• thence westerly along East 18th Street until it intersects Central Avenue,
• thence southerly along Central Avenue until it intersects Loras Boulevard,
• thence westerly along Loras Boulevard until it intersects Bluff Street,
• thence southerly along Bluff Street until it intersects West 3rd Street,
• thence westerly along West 3rd Street to the point of origin at the intersection of
Hill Street and West 3rd Street.
1-8-20: PRECINCT 17:
The 17th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at the point that Loras College Parkway intersects Loras Boulevard,
• thence easterly along Loras Boulevard until it intersects Central Avenue,
• thence northerly along Central Avenue until it intersects West 23rd Street,
• thence westerly along West 23rd Street until it intersects Valeria Street,
• thence westerly along Valeria Street until it intersects Kaufmann Avenue,
• thence southeasterly along Kaufmann Avenue until it intersects Hempstead
Street,
• thence southwesterly along Hempstead Street until it intersects Lowell Street,
• thence easterly along Lowell Street until it intersects Foye Street,
• thence southerly along Foye Street until it intersects West Locust Street,
• thence westerly along West Locust Street until it intersects Kirkwood Street,
• thence southwesterly along Kirkwood Street until it intersects Cox Street,
• thence southerly along Cox Street until it intersects Loras College Parkway,
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• thence southerly along Loras College Parkway to the point of origin at the
intersection of Loras College Parkway and Loras Boulevard.
1-8-21: PRECINCT 18:
The 18th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at the point that Alpine Street intersects West 3rd Street,
• thence easterly along West 3rd Street until it intersects Bluff Street,
• thence northerly along Bluff Street until it inte rsects Loras Boulevard,
• thence westerly along Loras Boulevard until it intersects Alta Vista Street,
• thence southeasterly along Alta Vista Street until it intersects Carlotta Street,
• thence westerly along Carlotta Street until it intersects Alpine Street,
• thence southerly along Alpine Street to the point of origin at the intersection of the
Alpine Street and West 3rd Street.
1-8-22: PRECINCT 19:
The 19th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at a point that Dodge Street intersects Hill Street,
• thence northerly along Hill Street until it intersects West 3rd Street,
• thence westerly along West 3rd Street until it intersects Alpine Street,
• thence northerly along Alpine Street until it intersects Carlotta Street,
• thence easterly along Carlotta Street until it intersects Alta Vista Street,
• thence northerly along Alta Vista Street until it intersects Loras Boulevard,
• thence southwesterly along Loras Boulevard until it intersects Adair Street,
• thence northerly along Adair Street until it intersects Fillmore Street,
• thence westerly along Fillmore Street until it intersects North Grandview Avenue,
• thence northerly along North Grandview Avenue until it intersects Delaware
Street,
• thence westerly along Delaware Street until it intersects North Algona Street,
• thence southerly along North Algona Street until it intersects Bennett Street,
• thence westerly along Bennett Street until it intersects Census Block 3020, Tract
9,
• thence southerly along Census Block 3020, Tract 9 until it intersects Dodge
Street,
• thence easterly along Dodge Street to the point of origin at the intersection of
Dodge Street and Hill Street.
1-8-23: PRECINCT 20:
The 20th Precinct is described as that portion of the city of Dubuque bounded by a
line
• beginning at a point where Hill Street intersects Dodge Street,
• thence easterly along Dodge Street to the boundary of the city of Dubuque,
• thence southerly along the boundary of the city of Dubuque until it intersects US
Highway 151/61,
• thence northerly along Highway 151/61 until it intersects the Chicago Central and
Pacific Railroad centerline,
• thence westerly along the Chicago Central and Pacific Railroad centerline until it
intersects Rockdale Road,
• thence northeasterly along Rockdale Road until it intersects Southern Avenue,
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• thence northerly along Southern Avenue until it intersects South Grandview
Avenue,
• thence northwesterly along South Grandview Avenue until it intersects Dodge
Street,
• thence easterly along Dodge Street to the point of origin at the intersection of Hill
Street and Dodge Street.
1-8-24: CITY DIVIDED INTO FOUR WARDS:
The city is hereby divided into four (4) wards as described in this chapter.
1-8-25: WARD 1:
The first ward is comprised of precincts 1 through 5.
1-8-26: WARD 2:
The second ward is comprised of precincts 6 through 10.
1-8-27: WARD 3:
The third ward is comprised of precincts 11 through 15.
1-8-28: WARD 4:
The fourth ward is comprised of precincts 16 through 20.
Section 2. That the foregoing precinct boundary descriptions have heretofore been reviewed
by the Commissioner of Elections also known as County Auditor of Dubuque County.
Section 3. This Ordinance shall take effect immediately upon publication as provided by law.
Passed, approved and adopted this 6th day of December, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 10th day of December, 2021.
/s/Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 421-21
APPROVING A PRECINCT AGREEMENT BETWEEN DUBUQUE COUNTY AND THE CITY
OF DUBUQUE
Whereas, after consultation with the Dubuque County Auditor’s Office, it has determined that
the City of Dubuque is required to file a redistricting plan for city wards and precincts with the
State; and
Whereas, The County Auditor’s Office has requested that the City of Dubuque expand some
of the proposed precincts to include rural areas as “extraterritorial precincts”; and
Whereas, Iowa Code Section 49.6 authorizes the power to combined township and city
precincts with an agreement between the Dubuque County Board of Supervisors and the
Dubuque City Council; and
Whereas, by inclusion of these exterritorial precincts to the city precincts does not create any
additional expense for the City and provides a cost savings for the County.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Precinct Agreement between Dubuque County and the City of Dubuque is
hereby approved.
Passed, approved and adopted this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Proceedings for Public Hearing on the Issuance of Not to Exceed $900,000, Sewer
Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design
Loan Applications: Proof of publication on notice of public hearing to consider City Council
25
approval of the suggested proceedings for a public hearing on the issuance not to exceed
$900,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund
Program, and City Manager recommended approval. Motion by Resnick to receive and file the
documents and adopt Resolution No. 422-21 Instituting proceedings to take additional action
for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$900,000 Sewer Revenue Capital Loan Notes; Resolution No. 423-21 Approving and
authorizing a form of Interim Loan and Disbursement Agreement by and between the City of
Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and
securing the payment of $465,000 Sewer Revenue Capital Loan Notes Anticipation Project
Note, Series 2022A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa,
and providing for a method of payment of said note; and Resolution No. 424-21 Approving and
authorizing a form of Interim Loan and Disbursement Agreement by and between the City of
Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and
securing the payment of $400,000 Sewer Revenue Capital Loan Notes Anticipation Project
Note, Series 2022B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa,
and providing for a method of payment of said note. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 422-21
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $900,000 SEWER REVENUE CAPITAL LOAN NOTES
Whereas, pursuant to notice published as required by law, this City Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the
issuance to the Iowa Finance Authority of not to exceed $900,000 Sewer Revenue Capital Loan
Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for
the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling,
improving, repairing and equipping all or part of the Municipal Sewer System, including those
costs associated with the Granger Creek Interceptor Project and the Force Main Stabilization
Project, and has considered the extent of objections received from residents or property owners
as to said proposal and, accordingly the following action is now considered to be in the best
interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Dubuque,
STATE OF IOWA:
That this City Council does hereby institute proceedings and takes additional action for the
authorization of a Loan and Disbursement Agreement by and between the City a nd the Iowa
Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by
law of not to exceed $900,000 Sewer Revenue Capital Loan Notes for the foregoing purpose.
That this Council does hereby consent to the terms and conditions of the SRF Loan Program,
which terms and conditions and the disclosures provided with respect thereto are hereby
acknowledged, accepted and approved.
That the Clerk, with the assistance of bond counsel, is hereby authorized and directed to
proceed with the preparation of such documents and proceedings as shall be necessary to
authorize the City's participation in the SRF Loan Program, to select a suitable date for final City
Council authorization of the required Loan and Disbursement Agreement and issua nce of the
Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk
shall deem necessary to permit the completion of a loan on a basis favorable to the City and
acceptable to this Council.
This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-
2 and shall be maintained on file as a public record of such intent. It is reasonably expected
26
that Sewer fund moneys may be advanced from time to time for capital expenditures which are
to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be
reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the
initial payment of the capital expenditures or eighteen months after the property is placed in
service. Such advancements shall not exceed the loan amount authorized in this Resolution
unless the same are for preliminary expenditures or unless another declaration of intention is
adopted.
Passed and approved this 6th day of December 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 423-21
APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT
AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING
THE PAYMENT OF $465,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION
PROJECT NOTE, SERIES 2022A, OF THE City of Dubuque, IOWA, UNDER THE
PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT
OF SAID NOTE
Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation
Project Note, Series 2022A, to the extent of $465,000, for the purpose of defraying the costs of
the Project hereinafter described; and it is deemed ne cessary and advisable and in the best
interests of the City that a form of Interim Loan and Disbursement Agreement by and between
the City and the Iowa Finance Authority be approved and authorized; and
Whereas, the notice of intention of Issuer to take act ion for the issuance of not to exceed
$465,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no
objections to such proposed action have been filed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Dubuque,
IN THE COUNTY OF Dubuque, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
"Additional Project Notes" shall mean any project notes or other obligations issued on a
parity with the Note in accordance with the provisions of Section 11 hereof;
"Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the
Closing between and among the City and the Original Purchaser, relating to the Interim Loan
made to the City under the Program;
"City Clerk" shall mean the City Clerk or such other officer of the successor Governing
Body as shall be charged with substantially the same duties and responsibilities;
"Closing" shall mean the date of delivery of the Note to the Original Purchaser and the
funding of the Interim Loan;
"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body;
"Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and
ending on the last day of June of the following year, or any other consecutive twelve-month
period adopted by the Governing Body or by law as the official accounting period of the System;
provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude
any payment of principal or interest falling due on the first day of the fiscal year and include any
payment of principal or interest falling due on the first day of the succeeding fiscal year;
"Governing Body" shall mean the Council of the City, or its successor in func tion with
respect to the operation and control of the System;
27
"Interim Loan" shall mean the principal amount allocated by the Original Purchaser and
loaned to the City under the Program, equal in amount to the principal amount of the Note;
"Issuer" and "City" shall mean the City of Dubuque, Iowa;
"Note" shall mean $465,000 Sewer Revenue Capital Loan Notes Anticipation Project
Note, Series 2022A, authorized to be issued by this Resolution;
"Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the
Note from Issuer at the time of its original issuance;
"Paying Agent" shall be the Director of Finance and Budget, or such successor as may
be approved by Issuer as provided herein and who shall carry out th e duties prescribed herein
as Issuer's agent to provide for the payment of principal of and interest on the Notes as the
same shall become due;
"Permitted Investments" shall mean:
• direct obligations of (including obligations issued or held in book entry form on the
books of) the Department of the Treasury of the United States of America;
• cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise
collateralized with obligations described in the above paragraph);
• obligations of any of the following federal agencies which obligations represent full
faith and credit of the United States of America, including:
- Export - Import Bank
- Farm Credit System Financial Assistance Corporation
- USDA - Rural Development
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association (GNMA)
- U.S. Department of Housing & Urban Development (PHA's)
- Federal Housing Administration
• repurchase agreements whose underlying collateral consists of the investments set
out above if the Issuer takes delivery of the collateral either directly or through an
authorized custodian. Repurchase agreements do not include reverse repurchase
agreements;
• senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa"
by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation;
• U.S. dollar denominated deposit accounts, federal funds and banker's acceptances
with domestic commercial banks which have a rating on their short -term certificates of
deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and
maturing no more than 360 days after the date of purchase (ratings on holding
companies are not considered as the rating of the bank);
• commercial paper which is rated at the time of purchase in the single highest
classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270
days after the date of purchase;
• investments in a money market fund rated "AAAm" or "AAAm -G" or better by S&P;
• pre-refunded Municipal Obligations, defined as any bonds or other obligations of any
state of the United States of America or of any agency, instrumentality or local
governmental unit of any such state which are not callable at the option of the obligor
prior to maturity or as to which irrevocable instructions have been given by the obligor
to call on the date specified in the notice; and (a) which are rated, based on an
irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P
or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal
28
and interest and redemption premium, if any, by an escrow consisting only of cash or
direct obligations of the Department of the Treasury of th e United States of America,
which escrow may be applied only to the payment of such principal of and interest and
redemption premium, if any, on such bonds or other obligations on the maturity date or
dates thereof or the specified redemption date or dates pursuant to such irrevocable
instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally
recognized independent certified public accountant, to pay principal of and interest and
redemption premium, if any, on the bonds o r other obligations described in this
paragraph on the maturity date or dates specified in the irrevocable instructions referred
to above, as appropriate;
• tax exempt bonds as defined and permitted by section 148 of the Internal Revenue
Code and applicable regulations and only if rated within the two highest classifications
as established by at least one of the standard rating services approved by the
superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa;
• an investment contract rated within the two highest classifications as established by
at least one of the standard rating services approved by the superintendent of banking
by rule adopted pursuant to chapter 17A Code of Iowa; and
• Iowa Public Agency Investment Trust;
"Program" shall mean the Iowa Water Pollution Control Works Financing Program
undertaken by the Original Purchaser;
"Project" shall mean the costs of acquisition, construction, reconstruction, extending,
remodeling, improving, repairing and equipping of the System, including the Granger Creek
Interceptor Project;
"Project Costs" shall mean all engineering fees, archeological surveys, environmental
studies, and fees related to a project plan preparation and submission, and other expenses
incidental thereto, and also including the costs of issuance of the Note;
"Project Fund" shall mean the Project Fund established by Section 6 of this Resolution;
"Registrar" shall be the Director of Finance and Budget, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed herein with
respect to maintaining a register of the owners of the Note. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for the Note;
"System" shall mean the municipal sewer utility of the Issuer and all properties of every
nature hereinafter owned by the Issuer comprising part of or used as a part of the System,
including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and
all related property and improvements and extensions made by Issuer while the Note remains
outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises
and other intangibles;
"Treasurer" shall mean the Director of Finance and Budget or such other officer as shall
succeed to the same duties and responsibilities with respect to the recording and payment of
the Note issued hereunder.
Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be
issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable
provisions of the Constitution and laws of the State of Iowa. The Agreement shall be
substantially in the form attached to this Resolution and is authorized to be executed and issued
on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Note Details, Execution, Redemption and Registration.
a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes
Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or
multiples thereof, and shall at the request of the Original Purchaser be initially issued as
a single Note in the denomination of $465,000 and numbered R-1. The Note shall not
29
bear interest (0%) and shall mature three years from issuance. The City Council hereby
finds and determines that it is necessary and advisable to issue said Note pursuant to
Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution.
b. Execution. The Note shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or
imprinted with the seal of the City and shall be fully registered as to both principal and
interest as provided in this Resolution; principal, interest and premium, if any, shall be
payable at the office of the Paying Agent by mailing of a check, wire transfer or
automated clearing house system transfer to the registered owner of the Note.
c. Redemption. The Note may be called for redemption by the Issuer and paid before
maturity on any date, from any funds regardless of source, in whole or fro m time to time
in part, in order of maturity and within an annual maturity by lot.
Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any
other registered owner of the Note). The terms of redemption shall be par, plus accrued
interest to date of call. Failure to give such notice by mail to any registered owner or any
defect therein shall not affect the validity of any proceedings for the redemption of the
Note. The Note is also subject to mandatory redemption to the extent not fully drawn
upon.
d. Registration. The Note may be registered as to principal and interest on the books
of the Note Registrar in the name of the holder and such registration noted on the Note
after which no transfer shall be valid until the making of an entry upon the books kept for
the registration and transfer of ownership of the Note, and in no other way. The Director
of Finance and Budget is hereby appointed as Note Registrar under the terms of this
Resolution. Registrar shall maintain the books of the Issuer for the registration of
ownership of the Note for the payment of principal of and interest on the Note as
provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the
Uniform Commercial Code subject to the provisions for registration and transfer
contained in the Note and in this Resolution.
The ownership of any Note may be transferred only upon the Registration Books
kept for the registration and transfer of the Note and only upon surrender thereof at
the office of the Registrar together with an assignment duly executed by the holder or
his duly authorized attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number or federal employer
identification number of such transferee (or, if registration is to be made in the name of
multiple individuals, of all such transferees). In the event that the address of the
registered owner of a Note (other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on
the Registration Books the information pertaining to the registered owner required
above. Upon the transfer of any such Note, a new fully registered Note, of any
denomination or denominations permitted by this Resolution in aggregate principal
amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Note, and bearing interest at the same rate and maturing on the same
date or dates shall be delivered by the Registrar.
In all cases of the transfer of the Note, the Registrar shall register, at the earliest
practicable time, on the Registration Books, the Note, in accordance with the
provisions of this Resolution.
As to any Note, the person in whose name the ownership of the same shall be
registered on the Registration Books of the Registrar shall be deemed and regarded
as the absolute owner thereof for all purposes, and payment of or on account of the
principal of any such Note and the premium, if any, and interest thereon shall be made
30
only to or upon the order of the registered owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Note, including the interest thereon, to the extent of the sum or sums so
paid.
A Note which has been redeemed shall not be reissued but shall be cancelled by
the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a
Certificate of the destruction thereof shall be furnished promptly to the Issuer;
provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Note to the Issuer.
In the event any payment check, wire, or electronic transfer of funds representing
payment of principal of or interest on the Notes is returned to the Paying Agent or if
any note is not presented for payment of principal at the maturity or redemption date,
if funds sufficient to pay such principal of or interest on Notes 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 Notes 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 Notes 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 Notes. The Paying Agent's obligation to hold such
funds shall continue for a period equal to two years and six months following the date
on which such interest or principal became due, whether at maturity, or at the date
fixed for redemption thereof, or otherwise, at which time the Paying Agent shall
surrender any remaining funds so held to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or Notes of whatever nature shall be made
upon the Issuer.
Section 4. Form of Note. The form of Note shall be substantially as [provided].
Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay
the principal on the Note when it becomes due, there is hereby created a pledge of the r eceipts
anticipated in said Project Fund to continue until the payment in full of the principal on the Note.
Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a
Project Fund, into which Project Fund are hereby appropriate d the following:
Proceeds of not to exceed $465,000 Sewer Revenue Capital Loan Notes, additional action
on the issuance of which previously has been taken and approved by the City Council
The funds so appropriated shall include in addition thereto all fund s of the Issuer, including
proceeds realized on the reinvestment of proceeds of the Note, from which the Issuer is
or may become obligated to pay under contracts for the construction of the Project to the
extent that proceeds of the Note are applied to the payment thereof.
Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be
deposited in the Project Fund for application to payment of Project Costs and the costs of
issuance of the Note or to pay the principal of the Note when due and for no other purpose.
Disbursements for the payment of Project Costs shall be made by the City Clerk upon
receipt of vouchers approved by the Governing Body.
After completion of the Project, any moneys remaining in the Project Fund shall be held
for the retirement of Note. When the Note is paid or payment is provided for, remaining
moneys in the Project Fund may be withdrawn and used for any lawful purpose.
Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the
extent practicable in Permitted Investments maturing at such times and in such amounts as will
make cash available for the purposes of such Project Fund as needed.
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Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes
herein authorized remain unpaid, that it:
a. Will proceed to complete with all practicable dispatch the construction and acquisition
of the Project;
b. Will not make or cause or permit to be made any application of the proceeds of the Note
or of any moneys held in the Project Fund, except in accordance with the provisions of this
Resolution;
c. Will from time to time increase the amount of the appropriati ons to the Project Fund, to
the extent necessary to assure that the expected receipts thereafter forthcoming, together
with the funds appropriated and held in trust for the purpose, will be sufficient to pay when
due the Note as to both principal and interest.
d. Will obtain the collection of funds and the proceeds of the sale of sewer revenue capital
loan notes anticipated to be received in the Project Fund and, if not paid from other
sources, apply the same to the payment of the Note and interest thereon; and
e. For the prompt and full performance of the terms and provisions of this Resolution and
contract with the noteholders, the Issuer pledges its full faith and diligence and the exercise
of its lawful powers.
Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between the Issuer and the purchaser of the Note.
Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing
and parity of lien with the Note for the purpose of paying Projec t Costs to the extent that funds
appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon.
The holder or holders of the Notes shall have all other rights and remedies given by law
for the payment and enforcement of the Notes and the security therefor.
Section 12. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions
and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished
for convenience of reference only and shall not be considered to be a part of this Resolution.
Section 15. Rule of Construction. This Resolution and the terms and conditions of the Notes
authorized hereby shall be construed whenever possible so as not to conflict with the terms and
conditions of the Interim Loan and Disbursement Agreement. In the event such construction is
not possible, or in the event of any conflict or inconsistency between the te rms hereof and those
of the Interim Loan and Disbursement Agreement, the terms of the Interim Loan and
Disbursement Agreement shall prevail and be given effect to the extent necessary to resolve
any such conflict or inconsistency.
Passed and approved this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 424-21
APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT
AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING
THE PAYMENT OF $400,000 SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION
PROJECT NOTE, SERIES 2022B, OF THE City of Dubuque, IOWA, UNDER THE
PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT
OF SAID NOTE
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Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation
Project Note, Series 2022B, to the extent of $400,000, for the purpose of defraying the costs of
the Project hereinafter described; and, it is deemed necessary and advisable and in the best
interests of the City that a form of Interim Loan and Disbursement Agreement by and between
the City and the Iowa Finance Authority be approved and authorized; and
Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed
$400,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no
objections to such proposed action have been filed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
"Additional Project Notes" shall mean any project notes or other obligations issued on a
parity with the Note in accordance with the provisions of Section 11 hereof;
"Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the
Closing between and among the City and the Original Purchaser, relating to the Interim Loan
made to the City under the Program;
"City Clerk" shall mean the City Clerk or such other officer of the successor Governing
Body as shall be charged with substantially the same duties and responsibilities;
"Closing" shall mean the date of delivery of the Note to the Original Purchaser and the
funding of the Interim Loan;
"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body;
"Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and
ending on the last day of June of the following year, or any other consecutive twelve -month
period adopted by the Governing Body or by law as the official accounting period of the System;
provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude
any payment of principal or interest falling due on the first day of the fiscal year and include any
payment of principal or interest falling due on the first day of the succeeding fiscal year;
"Governing Body" shall mean the Council of the City, or its successor in function with
respect to the operation and control of the System;
"Interim Loan" shall mean the principal amount allocated by the Original Purchaser and
loaned to the City under the Program, equal in amount to the principal amount of the Note;
"Issuer" and "City" shall mean the City of Dubuque, Iowa;
"Note" shall mean $400,000 Sewer Revenue Capital Loan Notes Anticipation Project
Note, Series 2022B, authorized to be issued by this Resolution;
"Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the
Note from Issuer at the time of its original issuance;
"Paying Agent" shall be the Director of Finance and Budget, or such successor as may
be approved by Issuer as provided herein and who shall carry out the duties prescribed herein
as Issuer's agent to provide for the payment of principal of and interest on the Notes as the
same shall become due;
"Permitted Investments" shall mean:
• direct obligations of (including obligations issued or held in book entry form on the
books of) the Department of the Treasury of the United States of America;
• cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise
collateralized with obligations described in the above paragraph);
• obligations of any of the following federal agencies which obligations represent full
faith and credit of the United States of America, including:
- Export - Import Bank
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- Farm Credit System Financial Assistance Corporation
- USDA - Rural Development
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association (GNMA)
- U.S. Department of Housing & Urban Development (PHA's)
- Federal Housing Administration
• repurchase agreements whose underlying collateral consists of the investments set
out above if the Issuer takes delivery of the collateral either directly or through an
authorized custodian. Repurchase agreements do not include reverse repurchase
agreements;
• senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa"
by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation;
• U.S. dollar denominated deposit accounts, federal funds and banker's acceptances
with domestic commercial banks which have a rating on their short-term certificates of
deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and
maturing no more than 360 days after the date of purchase (ratings on holding
companies are not considered as the rating of the bank);
• commercial paper which is rated at the time of purchase in the single highest
classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270
days after the date of purchase;
• investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P;
• pre-refunded Municipal Obligations, defined as any bonds or other obligations of any
state of the United States of America or of any agency, instrumentality or local
governmental unit of any such state which are not callable at the option of the obligor
prior to maturity or as to which irrevocable instructions have been given by the obligor
to call on the date specified in the notice; and (a) which are rated, based on an
irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P
or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal
and interest and redemption premium, if any, by an escrow consisting only of cash or
direct obligations of the Department of the Tre asury of the United States of America,
which escrow may be applied only to the payment of such principal of and interest and
redemption premium, if any, on such bonds or other obligations on the maturity date or
dates thereof or the specified redemption da te or dates pursuant to such irrevocable
instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally
recognized independent certified public accountant, to pay principal of and interest and
redemption premium, if any, on the bonds or other obligations described in this
paragraph on the maturity date or dates specified in the irrevocable instructions referred
to above, as appropriate;
• tax exempt bonds as defined and permitted by section 148 of the Internal Revenue
Code and applicable regulations and only if rated within the two highest classifications
as established by at least one of the standard rating services approved by the
superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa;
• an investment contract rated within the two highest classifications as established by at
least one of the standard rating services approved by the superintendent of banking by
rule adopted pursuant to chapter 17A Code of Iowa; and
• Iowa Public Agency Investment Trust;
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"Program" shall mean the Iowa Water Pollution Control Works Financing Program
undertaken by the Original Purchaser;
"Project" shall mean the costs of acquisition, construction, reconstruction, extendin g,
remodeling, improving, repairing and equipping of the System, including the Force Main
Stabilization Project;
"Project Costs" shall mean all engineering fees, archeological surveys, environmental
studies, and fees related to a project plan preparation and submission, and other expenses
incidental thereto, and also including the costs of issuance of the Note;
"Project Fund" shall mean the Project Fund established by Section 6 of this Resolution.
"Registrar" shall be the Director of Finance and Budget, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed herein with
respect to maintaining a register of the owners of the Note. U nless otherwise specified, the
Registrar shall also act as Transfer Agent for the Note;
"System" shall mean the municipal sewer utility of the Issuer and all properties of every
nature hereinafter owned by the Issuer comprising part of or used as a part of the System,
including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and
all related property and improvements and extensions made by Issuer while the Note remains
outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises
and other intangibles;
"Treasurer" shall mean the Director of Finance and Budget or such other officer as shall
succeed to the same duties and responsibilities with respect to the recording and payment of
the Note issued hereunder.
Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be
issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable
provisions of the Constitution and laws of the State of Iowa. The Agreement shall be
substantially in the form attached to this Resolution and is authorized to be executed and issued
on behalf of the Issuer by the Mayor and attested by the City Clerk;
Section 3. Note Details, Execution, Redemption and Registration.
a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes
Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or
multiples thereof, and shall at the request of the Original Purchaser be initially issued as
a single Note in the denomination of $400,000 and numbered R-1. The Note shall not
bear interest (0%), and shall mature three years from issuance. The City Council hereby
finds and determines that it is necessary and advisable to issue said Note pursuant to
Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution.
b. Execution. The Note shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or
imprinted with the seal of the City and shall be fully registered as to both principal and
interest as provided in this Resolution; principal, interest and premium, if any, shall be
payable at the office of the Paying Agent by mailing of a check, wire transfer or
automated clearing house system transfer to the registered owner of the Note.
c. Redemption. The Note may be called for redemption by the Issuer and paid before
maturity on any date, from any funds regardless of source, in whole or from time to time
in part, in order of maturity and within an annual maturity by lot.
Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any
other registered owner of the Note). The terms of redemption shall be par, plus
accrued interest to date of call. Failure to give such notice by mail to any registered
owner or any defect therein shall not affect the validity of any proceedings for the
redemption of the Note. The Note is also subject to mandatory redemption to the
extent not fully drawn upon.
35
d. Registration. The Note may be registered as to principal and interest on the books
of the Note Registrar in the name of the holder and such registration noted o n the Note
after which no transfer shall be valid until the making of an entry upon the books kept for
the registration and transfer of ownership of the Note, and in no other way. The Director
of Finance and Budget is hereby appointed as Note Registrar under the terms of this
Resolution. Registrar shall maintain the books of the Issuer for the registration of
ownership of the Note for the payment of principal of and interest on the Note as
provided in this Resolution. The Note shall be negotiable as prov ided in Article 8 of the
Uniform Commercial Code subject to the provisions for registration and transfer
contained in the Note and in this Resolution.
The ownership of any Note may be transferred only upon the Registration Books
kept for the registration and transfer of the Note and only upon surrender thereof at
the office of the Registrar together with an assignment duly executed by the holder or
his duly authorized attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number or federal employer
identification number of such transferee (or, if registration is to be made in the name of
multiple individuals, of all such transferees). In the event that the address of the
registered owner of a Note (other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on
the Registration Books the information pertaining to the registered owner required
above. Upon the transfer of any such Note, a new fully registered Note, of any
denomination or denominations permitted by this Resolution in aggregate principal
amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Note, and bearing interest at the same rate and maturing on the same
date or dates shall be delivered by the Registrar.
In all cases of the transfer of the Note, the Registrar shall register, at the earliest
practicable time, on the Registration Books, the Note, in accordance with the
provisions of this Resolution.
As to any Note, the person in whose name the ownership of the same shall be
registered on the Registration Books of the Registrar shall be deemed and regarded
as the absolute owner thereof for all purposes, and payment of or on account of the
principal of any such Note and the premium, if any, and interest thereon shall be made
only to or upon the order of the registered owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Note, including the interest thereon, to the extent of the sum or sums so
paid.
A Note which has been redeemed shall not be reissued but shall be cancelled by
the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a
Certificate of the destruction thereof shall be furnished promptly to the Issuer;
provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Note to the Issuer.
In the event any payment check, wire, or electronic transfer of funds representing
payment of principal of or interest on the Notes is returned to the Paying Agent or if
any note is not presented for payment of principal at the maturity or redemption date,
if funds sufficient to pay such principal of or interest on Notes 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 Notes 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 Notes who shall thereafter be restricted exclusively to
36
such funds for any claim of whatever nature on his part under this Resolution or on, or
with respect to, such interest or Notes. The Paying Agent's obligation to hold such
funds shall continue for a period equal to two years and six months following the date
on which such interest or principal became due, whether at maturity, or at the date
fixed for redemption thereof, or otherwise, at which time the Paying Agent shall
surrender any remaining funds so held to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or Notes of whatever nature shall be made
upon the Issuer.
Section 4. Form of Note. The form of Note shall be substantially as [provided]
Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay
the principal on the Note when it becomes due, there is hereby created a pledge of the receipts
anticipated in said Project Fund to continue until the payment in full of the principal on the Note.
Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a
Project Fund, into which Project Fund are hereby appropriated the following:
Proceeds of not to exceed $400,000 Sewer Revenue Capital Loan Notes, additional
action on the issuance of which previously has been taken and approved by the City
Council
The funds so appropriated shall include in addition thereto all funds of the Issuer,
including proceeds realized on the reinvestment of proceeds of the Note, from which the
Issuer is or may become obligated to pay under contracts for the construction o f the Project
to the extent that proceeds of the Note are applied to the payment thereof.
Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be
deposited in the Project Fund for application to payment of Project Costs and th e costs of
issuance of the Note or to pay the principal of the Note when due and for no other purpose.
Disbursements for the payment of Project Costs shall be made by the City Clerk upon
receipt of vouchers approved by the Governing Body.
After completion of the Project, any moneys remaining in the Project Fund shall be held
for the retirement of Note. When the Note is paid or payment is provided for, remaining
moneys in the Project Fund may be withdrawn and used for any lawful purpose.
Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the
extent practicable in Permitted Investments maturing at such times and in such amounts as will
make cash available for the purposes of such Project Fund as needed.
Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes
herein authorized remain unpaid, that it:
a. Will proceed to complete with all practicable dispatch the construction and acquisition
of the Project;
b. Will not make or cause or permit to be made any application of the proceeds of the Note
or of any moneys held in the Project Fund, except in accordance with the provisions of this
Resolution;
c. Will from time to time increase the amount of the appropriations to the Project Fund, to
the extent necessary to assure that the expected receipts thereafter forthcoming, together
with the funds appropriated and held in trust for the purpose, will be sufficient to pay when
due the Note as to both principal and interest.
d. Will obtain the collection of funds and the proceeds of the sale of sewer revenue capital
loan notes anticipated to be received in the Projec t Fund and, if not paid from other
sources, apply the same to the payment of the Note and interest thereon; and
e. For the prompt and full performance of the terms and provisions of this Resolution and
contract with the noteholders, the Issuer pledges its full faith and diligence and the exercise
of its lawful powers.
37
Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between the Issuer and the purchaser of the Note.
Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing
and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds
appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon.
The holder or holders of the Notes shall have all other rights and remedies given by law
for the payment and enforcement of the Notes and the security therefor.
Section 12. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions
and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished
for convenience of reference only and shall not be considered to be a part of this Resoluti on.
Section 15. Rule of Construction. This Resolution and the terms and conditions of the Notes
authorized hereby shall be construed whenever possible so as not to conflict with the terms and
conditions of the Interim Loan and Disbursement Agreement. In t he event such construction is
not possible, or in the event of any conflict or inconsistency between the terms hereof and those
of the Interim Loan and Disbursement Agreement, the terms of the Interim Loan and
Disbursement Agreement shall prevail and be gi ven effect to the extent necessary to resolve
any such conflict or inconsistency.
Passed and approved this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,570,000, Water
Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design
Loan Applications: Proof of publication on notice of public hearing to consider City Council
approval of the suggested proceedings for a public hearing on the issuance of not to exceed
$1,570,000 in Water Revenue Capital Loan Notes (Interim Financing) State Revolving Loan
Fund Program, the proceeds of which will be used to pay planning and design costs for Webber
Property Water Distribution System Improvements Project, and City Manager recommended
approval. Motion by Sprank to receive and file the documents and adopt Resolution No. 425-21
Instituting proceedings to take additional action for the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $1,570,000 Water Revenue Capital
Loan Notes; and Resolution No. 426-21 Approving and authorizing a form of Interim Loan and
Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority,
and authorizing and providing for the issuance and securing the payment of $1,570,000 Water
Revenue Capital Loan Notes Anticipation Project Note, Series 2022, of the City of Dubuque,
Iowa, under the provisions of the Code of Iowa, and providing for a metho d of payment of said
note. Seconded by Farber. Responding to a question from the City Council, City Manager Van
Milligen summarized the State Revolving Funds (SRF) Program and how it impacts city debt.
Motion carried 7-0.
RESOLUTION NO. 425-21
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $1,570,000 WATER REVENUE CAPITAL LOAN NOTES
Whereas, pursuant to notice published as required by law, this City Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
38
and Disbursement Agreement by and between the City and the Iowa Finance Au thority, and the
issuance to the Iowa Finance Authority of not to exceed $1,570,000 Water Revenue Capital
Loan Notes to evidence the obligations of the City under said Loan and Disbursement
Agreement, for the purpose of paying costs of acquisition, constru ction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Municipal Water
System, and has considered the extent of objections received from residents or property owners
as to said proposal, and accordingly the following action is now considered to be in the best
interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this City Council does hereby institute proceedings and takes add itional action
for the authorization of a Loan and Disbursement Agreement by and between the City and the
Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required
by law of not to exceed $1,570,000 Water Revenue Capital Loan Notes for the foregoing
purpose.
Section 2. That the Clerk, with the assistance of bond counsel, is hereby authorized and
directed to proceed with the preparation of such documents and proceedings as shall be
necessary to authorize the City's participation in the DWSRF Loan Program, to select a suitable
date for final City Council authorization of the required Loan and Disbursement Agreement and
issuance of the Note to evidence the City's obligations thereunder, and to take such other
actions as the Clerk shall deem necessary to permit the completion of a loan on a basis
favorable to the City and acceptable to this Council.
Passed and approved this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 426-21
APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND DISBURSEMENT
AGREEMENT BY AND BETWEEN THE City of Dubuque AND THE IOWA FINANCE
AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING
THE PAYMENT OF $1,570,000 WATER REVENUE CAPITAL LOAN NOTES ANTICIPATION
PROJECT NOTE, SERIES 2022, OF THE CITY OF DUBUQUE, IOWA, UNDER THE
PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT
OF SAID NOTE
Whereas, Issuer proposes to issue its Water Revenue Capital Loan Notes Anticipation
Project Note, Series 2022, to the extent of $1,570,000, for the purpose of defraying the costs of
the Project hereinafter described; and, it is deemed necessary and advisable and in the best
interests of the City that a form of Interim Loan and Disbursement Agreement by and between
the City and the Iowa Finance Authority be approved and authorized; and
Whereas, the notice of intention of Issuer to take action for the issuance of not to exceed
$1,570,000 Water Revenue Capital Loan Notes has heretofore been duly published and no
objections to such proposed action have been filed.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IN
THE COUNTY OF Dubuque, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
"Additional Project Notes" shall mean any project notes or other obligations issued on a
parity with the Note in accordance with the provisions of Section 11 hereof;
39
"Agreement" shall mean an Interim Loan and Disbursement Agreement dated as of the
Closing between and among the City and the Original Purchaser, relating to the Interim Loan
made to the City under the Program;
"City Clerk" shall mean the City Clerk or such other officer of the successor Governing
Body as shall be charged with substantially the same duties and responsibilities;
"Closing" shall mean the date of delivery of the Note to the Original Purchaser and the
funding of the Interim Loan;
"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body;
"Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and
ending on the last day of June of the following year, or any other consecutive twelve -month
period adopted by the Governing Body or by law as the official accounting pe riod of the System;
provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude
any payment of principal or interest falling due on the first day of the fiscal year and include any
payment of principal or interest falling due on the first day of the succeeding fiscal year;
"Governing Body" shall mean the Council of the City, or its successor in function with
respect to the operation and control of the System;
"Interim Loan" shall mean the principal amount allocated by the Original Purchaser and
loaned to the City under the Program, equal in amount to the principal amount of the Note;
"Issuer" and "City" shall mean the City of Dubuque, Iowa;
"Note" shall mean $1,570,000 Water Revenue Capital Loan Notes Anticipation Project
Note, Series 2022, authorized to be issued by this Resolution;
"Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the
Note from Issuer at the time of its original issuance;
"Paying Agent" shall be the Director of Finance and Budget, or such successor as may
be approved by Issuer as provided herein and who shall carry out the d uties prescribed herein
as Issuer's agent to provide for the payment of principal of and interest on the Notes as the
same shall become due;
"Permitted Investments" shall mean:
• direct obligations of (including obligations issued o r held in book entry form on the
books of) the Department of the Treasury of the United States of America;
• cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise
collateralized with obligations described in the above paragra ph);
• obligations of any of the following federal agencies which obligations represent full
faith and credit of the United States of America, including:
- Export - Import Bank
- Farm Credit System Financial Assistance Corporation
- USDA - Rural Development
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association (GNMA)
- U.S. Department of Housing & Urban Development (PHA's)
- Federal Housing Administration
• repurchase agreements whose underlying collateral consists of the investments set
out above if the Issuer takes delivery of the collateral either directly or through an
authorized custodian. Repurchase agreements do not include reverse repurchase
agreements;
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• senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa"
by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation;
• U.S. dollar denominated deposit accounts, federal funds and banker's acceptances
with domestic commercial banks which have a rating on their short -term certificates of
deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by Moody's and
maturing no more than 360 days after the date of purchase (ratings on holding
companies are not considered as the rating of the bank);
• commercial paper which is rated at the time of purchase in the single highest
classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270
days after the date of purchase;
• investments in a money market fund rated "AAAm" or "AAAm -G" or better by S&P;
• pre-refunded Municipal Obligations, defined as any bonds or other obligations of any
state of the United States of America or of any agency, instrumentality or local
governmental unit of any such state which are not callable at the option of the obligor
prior to maturity or as to which irrevocable instructions have been given by the obligor
to call on the date specified in the notice; and (a) which are rated, based on an
irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P
or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal
and interest and redemption premium, if any, by an escrow consisting only of cash or
direct obligations of the Department of the Treasury of the United States of America,
which escrow may be applied only to the payment of such principal of and interest and
redemption premium, if any, on such bonds or other obligations on the maturity date or
dates thereof or the specified redemption date or dates pursuant to such irrevocable
instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally
recognized independent certified public accountant, to pay principal of and interest and
redemption premium, if any, on the bonds or other obligations described in this
paragraph on the maturity date or dates specified in the irrevocable instructions referred
to above, as appropriate;
• tax exempt bonds as defined and permitted by section 148 of the Internal Revenue
Code and applicable regulations and only if rated within the two highest classifications
as established by at least one of the standard rating services appr oved by the
superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa;
• an investment contract rated within the two highest classifications as established by
at least one of the standard rating services approved by the superintendent of banking
by rule adopted pursuant to chapter 17A Code of Iowa; and
• Iowa Public Agency Investment Trust;
"Program" shall mean the Iowa Drinking Water State Revolving Fund Program
undertaken by the Original Purchaser;
"Project" shall mean the costs of acquisition, construction, reconstruction, extending,
remodeling, improving, repairing and equipping of the System;
"Project Costs" shall mean all engineering fees, archeological surveys, environmental
studies, and fees related to a project plan preparation and submission, and other expenses
incidental thereto, and also including the costs of issuance of the Note;
"Project Fund" shall mean the Project Fund established by Section 6 of this Resolution;
"Registrar" shall be the Director of Finance and Budget, or such success or as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed herein with
respect to maintaining a register of the owners of the Note. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for the Note;
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"System" shall mean the municipal water utility of the Issuer and all properties of every
nature hereinafter owned by the Issuer comprising part of or used as a part of the System,
including all water treatment facilities, storage facilities, pumping stations and all related property
and improvements and extensions made by Issuer while the Note remains outstanding; all real
and personal property; and all appurtenances, contracts, leases, franchises and other
intangibles;
"Treasurer" shall mean the Director of Finance and Budget or such other officer as shall
succeed to the same duties and responsibilities with respect to the recording and payment of
the Note issued hereunder.
Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be
issued pursuant to Section 76.13 of the Code of Iowa, and in compliance with all applicable
provisions of the Constitution and laws of the State of Iowa. The Agreement shall be
substantially in the form attached to this Resolution and is authorized to be executed and issued
on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Note Details, Execution, Redemption and Registration .
a. Note Details. The Note shall be designated a Water Revenue Capital Loan Notes
Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000 or
multiples thereof, and shall at the request of the Original Purchaser be initially issued as
a single Note in the denomination of $1,570,000 and numbered R-1. The Note shall not
bear interest (0%), and shall mature three years from issuance. The City Council hereby
finds and determines that it is necessary and advisable to issue said Note pursuant to
Section 76.13 of the Code of Iowa, as authorized by the Agreement and this Resolution.
b. Execution. The Note shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or
imprinted with the seal of the City and shall be fully registered as to both principal and
interest as provided in this Resolution; principal, interest and premium, if any, shall be
payable at the office of the Paying Agent by mailing of a check, wire transfer or
automated clearing house system transfer to the registered owner of the Note.
c. Redemption. The Note may be called for redemption by the Issuer and paid before
maturity on any date, from any funds regardless of source, in whole or from time to time
in part, in order of maturity and within an annual maturity by lot.
Notice of redemption shall be given by U.S. mail to the Original Purchaser (or any
other registered owner of the Note). The terms of redemption shall be par, plus
accrued interest to date of call. Failure to give such notice by mail to any registered
owner or any defect therein shall not affect the validity of any proceedings for the
redemption of the Note. The Note is also subject to mandatory redemption to the
extent not fully drawn upon.
d. Registration. The Note may be registered as to principal and interest on the books
of the Note Registrar in the name of the holder and such registration noted on the Note
after which no transfer shall be valid until the making of an entry upon the books kept for
the registration and transfer of ownership of the Note, and in no other way. The Director
of Finance and Budget is hereby appointed as Note Registrar under the terms of this
Resolution. Registrar shall maintain the books of the Issuer for the registration of
ownership of the Note for the payment of principal of and interest on the Note as
provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the
Uniform Commercial Code subject to the provisions for registration and transfe r
contained in the Note and in this Resolution.
The ownership of any Note may be transferred only upon the Registration Books
kept for the registration and transfer of the Note and only upon surrender thereof at
the office of the Registrar together with an assignment duly executed by the holder or
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his duly authorized attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number or federal employer
identification number of such transferee (or, if registration is to be made in the name of
multiple individuals, of all such transferees). In the event that the address of the
registered owner of a Note (other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on
the Registration Books the information pertaining to the registered owner required
above. Upon the transfer of any such Note, a new fully registered Note, of any
denomination or denominations permitted by this Resolution in aggregate principal
amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Note, and bearing interest at the same rate and maturing on the same
date or dates shall be delivered by the Registrar.
In all cases of the transfer of the Note, the Registrar shall register, at the earliest
practicable time, on the Registration Books, the Note, in accordance with the
provisions of this Resolution.
As to any Note, the person in whose name the ownership of the same shall be
registered on the Registration Books of the Registrar shall be deemed and regarded
as the absolute owner thereof for all purposes, and payment of or on account of the
principal of any such Note and the premium, if any, and interest thereon sh all be made
only to or upon the order of the registered owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Note, including the interest thereon, to the extent of the sum or sums so
paid.
A Note which has been redeemed shall not be reissued but shall be cancelled by
the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a
Certificate of the destruction thereof shall be furnished promptly to the Issuer;
provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Note to the Issuer.
In the event any payment check, wire, or electronic transfer of funds representing
payment of principal of or interest on the Notes is returned to the Paying Agent or if
any note is not presented for payment of principal at the maturity or redemption date,
if funds sufficient to pay such principal of or interest on Notes 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 Notes 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 Notes 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 Notes. The Paying Agent's obligation to hold such
funds shall continue for a period equal to two years and six months following the date
on which such interest or principal became due, whether at maturity, or at the date
fixed for redemption thereof, or otherwise, at which time the Paying Agent shall
surrender any remaining funds so held to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or Notes of whatever nature shall be made
upon the Issuer.
Section 4. Form of Note. The form of Note shall be substantially as [provided].
Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay
the principal on the Note when it becomes due, there is hereby created a pledge of the receipts
anticipated in said Project Fund to continue until the payment in full of the principal on the Note.
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Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a
Project Fund, into which Project Fund are hereby appropriated the following:
Proceeds of not to exceed $1,570,000 Water Revenue Capital Loan Notes, additional
action on the issuance of which previously has been taken and approved by the City
Council
The funds so appropriated shall include in addition thereto all funds of the Issuer,
including proceeds realized on the reinvestment of proceeds of the Note, from which the
Issuer is or may become obligated to pay under contracts for the construction of the Project
to the extent that proceeds of the Note are applied to the payment thereof.
Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be
deposited in the Project Fund for application to payment of Project Costs and the costs of
issuance of the Note or to pay the principal of the Note when due and for no other p urpose.
Disbursements for the payment of Project Costs shall be made by the City Clerk upon
receipt of vouchers approved by the Governing Body.
After completion of the Project, any moneys remaining in the Project Fund shall be held
for the retirement of Note. When the Note is paid or payment is provided for, remaining
moneys in the Project Fund may be withdrawn and used for any lawful purpose.
Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the
extent practicable in Permitted Investments maturing at such times and in such amounts as will
make cash available for the purposes of such Project Fund as needed.
Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes
herein authorized remain unpaid, that it:
a. Will proceed to complete with all practicable dispatch the construction and acquisition
of the Project;
b. Will not make or cause or permit to be made any application of the proceeds of the Note
or of any moneys held in the Project Fund, except in accordance with the provisions of this
Resolution;
c. Will from time to time increase the amount of the appropriations to the Project Fund, to
the extent necessary to assure that the expected receipts thereafter forthcoming, together
with the funds appropriated and held in trust for the purpose, will be sufficient to pay when
due the Note as to both principal and interest.
d. Will obtain the collection of funds and the proceeds of the sale of water revenue capital
loan notes anticipated to be received in the Project Fund and, if not paid from other
sources, apply the same to the payment of the Note and interest thereon; and
e. For the prompt and full performance of the terms and provisions of this Resolution and
contract with the noteholders, the Issuer pledges its full faith and diligence and the exercise
of its lawful powers.
Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between the Issuer and the purchaser of the Note.
Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing
and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds
appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon.
The holder or holders of the Notes shall have all other rights and remedies given by law
for the payment and enforcement of the Notes and the security therefor.
Section 12. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions
and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished
for convenience of reference only and shall not be considered to be a part of this Resolution.
Section 15. Rule of Construction. This Resolution and the terms and condi tions of the Notes
authorized hereby shall be construed whenever possible so as not to conflict with the terms and
conditions of the Interim Loan and Disbursement Agreement. In the event such construction is
not possible, or in the event of any conflict or inconsistency between the terms hereof and those
of the Interim Loan and Disbursement Agreement, the terms of the Interim Loan and
Disbursement Agreement shall prevail and be given effect to the extent necessary to resolve
any such conflict or inconsistency.
Passed and approved this 6th day of December, 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Mike Duehr thanked Mayor Buol for the proclamations he signed for the Dubuque Fraternal
Order of the Eagles Eyes on the Future Committee, as well as his service to the city.
City Clerk Breitfelder stated that public input was submitted by Sarah Otting, 940 Southern
Ave., regarding Action Item No. 2. Ms. Otting expressed support for the project and provided
input on the process of installation and pricing.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick
Dickinson presented the quarterly update on the activities of the Greater Dubuque Development
Corporation. Motion by Farber to receive and file the information. Seconded by Roussell. Motion
carried 7-0.
2. ImOn Communications Fiber-to-the-Home Build-Out Presentation: Information Services
Manager Chris Kohlmann and Greater Dubuque Development Corporation's Sustainable
Innovation Consultant Dave Lyons introduce d Patrice Carroll, President and CEO of ImOn
Communications, who made a presentation on ImOn Communications' investment and timeline
for complete Fiber-to-the-Home build-out in Dubuque. Topics included: ImOn Eastern Iowa
Network; ImOn Dubuque Access Ring; ImOn Commitment to Dubuque; and ImOn Expansion.
Motion by Sprank to receive and file the information. Seconded by Resnick. Responding to
questions from the City Council, Ms. Carroll summarized the locations of data centers and the
process for notifying residents about future installations. Ms. Carroll stated that ImOn
Communications will notify residents via mail four to six weeks before proposed construction
and will provide door hangers with phone numbers to call if there is a concern. Mr. Lyons
summarized partnerships with other organizations to share capacity and the suc cesses of the
Emergency Broadband Benefit Program. Motion carried 7 -0.
3. Filling a Vacancy in the Office of Fourth Ward City Council Member: City Council discussed
the process for filling a vacancy in the Office of Fourth Ward City Council Member as a result of
Mayor-elect Brad Cavanagh's resignation. Motion by Resnick to receive and file the information
and refer to City Council for discussion. Seconded by Farber. City Council concurred that the
Ward 4 vacancy should be filled via special election based on the length of time remaining for
the seat and discussed options for temporarily appointing someone until the special election.
City Attorney Brumwell confirmed that if City Council chose to appoint someone rather than hold
a special election, and also decided to have a Five Flags Referendum in 2022, then the Ward 4
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term would appear on the ballot. City Clerk Breitfelder stated that Dubuque County Deputy
Commissioner of Elections Jenny Hilary was consulted about potential special election dates,
and that March 29, 2022, is the proposed special election date with a primary on March 1, 2022,
if needed. Responding to a question from the City Council, City Attorney Brumwell stated that
City Council could not stipulate that an individual temporarily appointed to the seat is prohibited
from running for the seat in a special election. After additional discussion, City Council concluded
there would be multiple challenges with a temporary appointment and agreed that the seat will
remain vacant until the special election. Motion carried 7-0.
4. 9-1-321.1 Ordinance Revision: City Manager recommended City Council approval of an
ordinance amending the definitions section of Title 9 regarding Motor Vehicles and Traffic
revisions to ensure the City Code is consistent with State Code. Motion by Cavanagh to receive
and file the documents and that the requi rement 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 Roussell. Motion carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 44-21 Amending
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General
Provisions, Section 9-1-321.1 Definitions. Seconded by Roussell. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 44 - 21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND
TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1-321.1 DEFINITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is amended to read
as follows:
9-1-321.1: DEFINITIONS:
The following words and phrases, when used in this title shall, for the purpose of this title,
have the meanings respectively ascribed to them in this section:
. . . .
BICYCLE: means either of the following:
A. A device having two (2) or three (3) wheels and having at least one (1) saddle or
seat for the use of a rider which is propelled by human power; or
B. A low-speed electric bicycle.
. . . .
LOW-SPEED ELECTRIC BICYCLE: A device having a saddle or seat for the use of a
rider, two (2) or three (3) wheels equipped with fully operable pedals, and an electric motor of
less than seven hundred fifty (750) watts that meets the requirements of one of the following
classes:
A. “Class 1 low-speed electric bicycle”: means a low-speed electric bicycle equipped
with a motor that may be used to provide assistance only when the rider is pedaling
and that ceases to provide assistance when the bicycle reaches a speed of twenty
(20) miles per hour or more.
B. “Class 2 low-speed electric bicycle”: means a low-speed electric bicycle equipped
with a motor that may be used exclusively to propel the bicycle and that is not capable
of providing assistance when the bicycle reaches a speed of twenty (20) miles per
hour or more.
C. “Class 3 low-speed electric bicycle”: means a low-speed electric bicycle equipped
with a motor that may be used to provide assistance only when the rider is pedaling
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and that ceases to provide assistance when the bicycle reaches a speed of twenty -
eight (28) miles per hour or more.
. . . .
MOTORCYCLE: Every motor vehicle having a saddle or seat for the use of the rider
and designed to travel on not more than three (3) wheels in contact with th e ground including a
motor scooter but excluding a tractor an autocycle, a low-speed electric bicycle, and a motorized
bicycle.
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle or
seat for the use of a rider, designed to travel on not more than three (3) wheels in contact with
the ground, and not capable of operating at a speed in excess of thirty-nine (39) miles per hour
on level ground unassisted by human power, but excluding a low-speed electric bicycle.
. . . .
VEHICLE: Every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway. "Vehicle" does not include:
A. Any device moved by human power, including a low-speed electric bicycle.
B. Any device used exclusively upon stationary rails or tracks.
C. Any integral part of a truck-tractor or road tractor which is mounted on the frame
of the truck-tractor or road tractor immediately behind the cab and which may be
used to transport persons and property but which cannot be drawn upon the highway
by the truck-tractor or another motor vehicle.
D. Any steering axle, dolly, auxiliary axle, or other integral part of another vehicle
which in and of itself is incapable of commercially transporting any person or property
but is used primarily to support another vehicle.
. . . .
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 6th day of December, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 10th day of December, 2021.
/s/Adrienne N. Breitfelder, City Clerk
5. Police Department 2021 Commission on the Accreditation for Law Enforcement Agencies
(CALEA) Accreditation Acceptance: City Manager transmitted information on the Dubuque
Police Department being awarded the 2021 Commission on the Accreditation for Law
Enforcement Agencies (CALEA) re- accreditation. Motion by Roussell to receive and file the
information. Seconded by Farber. Interim Chief of Police Jeremy Jensen made a presentation.
Motion carried 7-0.
6. Carbon Disclosure Project 2021 Scorecard: City Manager transmitted information
regarding the City of Dubuque’s 2021 Carbon Disclosure Project (CDP) score. Motion by Sprank
to receive and file the information. Seconded by Cavanagh. Sustainable Community Coordinator
Gina Bell made a presentation. Topics included: Dubuque’s CDP Scorecard History; CDP
Snapshot Report 2021; Leadership Level. Motion carried 7-0.
7. Fall 2021 City Focus Magazine: City Manager provided a copy of the 2021 City Focus
Magazine, which features the Imagine Dubuque Comprehensive Plan. Motion by Farber to
receive and file the documents. Seconded by Sprank. Motion carried 7 -0.
8. Acceptance of National Endowment for the Arts American Rescue Plan Grants to Local
Arts Agencies for Subgranting Funding Offer: City Manager recommended City Council
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acceptance of a $500,000 funding offer from the National Endowment for the Arts American
Rescue Plan to Local Arts Agencies for Subgranting funding program. Motion by Resnick to
receive and file the documents and approve the funding offer. Seconded by Roussell. Arts and
Cultural Affairs Coordinator Jenni Petersen-Brant made a presentation. City Council expressed
enthusiasm for all the recent accomplishments by city staff, also referencing Action Items No. 5
and 6. Motion carried 7-0.
9. Release of RFP for Design of the Dubuque Industrial Center Project at U.S. Highway
151/61/52 Interchange: City Manager recommended approval to release a Request for
Proposals (RFP) for the Design of the Dubuque Industrial Center Project at U.S. Highway
151/61/52 Interchange. Motion by Resnick to receive and file the documents and approve the
release of the RFP. Seconded by Farber. Motion carried 7 -0.
10. Request to Schedule Work Session on Arts & Culture Master Plan Update : City Manager
requested the City Council schedule a work session for Monday, February 14, 2022, at 6:30
p.m. for an update on the Arts & Culture Master Plan. Motion by Resnick to receive and file the
documents and schedule the work session as recommended. Seconded by Cavanagh. No
schedule conflicts were expressed. Motion carried 7-0.
11. Travel Dubuque Update - Work Session Request: City Manager requested the City
Council schedule a work session for Monday, February 21, 2022, at 6:00 p.m. for Travel
Dubuque’s annual presentation. Motion by Resnick to receive and file the documents and
schedule the work session as recommended. Seconded by Sprank. No schedule conflicts were
expressed. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on attending the National League of Cities (NLC) fall
conference and congratulated Council Member Cavanagh on his conference presentation
regarding Dubuque’s sustainability work on electrification. Ms. Roussell also reported on
participating in the Iowa League of Cities (ILC) legislative policy committee discussion on
economic development.
CLOSED SESSION
Motion by Cavanagh to convene in closed session at 9:53 p.m. to discuss Purchase or Sale
of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Sprank. 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 Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 10:59 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Buol declared the meeting adjourned at 10:59 p.m.
/s/Adrienne N. Breitfelder
City Clerk