Historic Pres Loan $200,000
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MEMORANDUM
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November 30, 2004
TO:
The Honorable Mayor and City Council Members
lv
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Historic Preservation Revolving Loan Fund - $200,000 General Obligation
Capital Loan Note
In 2001 the City Council created the Historic Preservation Revolving Loan Fund,
approved the program guidelines recommended by the Historic Preservation
Commission, and allocated $200,000 in Urban Development Action Grant (UDAG)
funds. The City council challenged the Historic Preservation Commission to raise an
additional $200,000 to equal the $400,000 allocation they had recommended to the City
Council.
The purpose of the Historic Preservation Revolving Loan Fund is to support historic
preservation in the four primarily residential historic districts - Cathedral, Jackson Park,
Langworthy and West 11th Street - as a complement to the Downtown Rehabilitation
Loan Program available for the Old Main Historic District, which is primarily commercial.
Planning Services Manager Laura Carstens recommends approval of an offer by
Premier Bank to provide $200,000 to the City of Dubuque for 10 years, interest free, for
the Historic Preservation Revolving Loan Fund. It is further recommended that a public
hearing be set for December 20, 2004.
This offer would be financed with a $200,000 General Obligation Capital Loan Note.
When the 10 years are up and the repayment is due to Premier Bank, it would be paid
back from the loan repayments (and 20% of the original $200,000 in UDAG money to
cover any delinquencies). The $200,000 General Obligation Capital Loan Note is the
security being required by the bank in case not enough remains after delinquencies to
pay the $200,000 obligation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/ìl l/{ h J(
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Michael C. Van Milligen
-....
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
December 1,2004
TO:
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager
RE:
Historic Preservation Revolving Loan Fund -- $200,000 General Obligation
Capital Loan Note
Introduction
This memorandum presents for City Council review and approval an offer by Premier Bank to
provide $200,000 to the City of Dubuque for 10 years, interest free, for the Historic Preservation
Revolving Loan Fund. This offer would be secured with a $200,000 General Obligation Capital
Loan Note. The City Council is asked to set a public hearing for authorization of a Loan
Agreement and issuance of the General Obligation Capital Loan Note for December 20, 2004.
Background
In its November 2000 report to the City Council on the Review and Update of the Historic
Preservation Ordinance, the Historic Preservation Commission recommended creation of a
Historic Preservation Revolving Loan Fund with total funding of $400,000.
In 2001 the City Council created the Historic Preservation Revolving Loan Fund, approved the
program guidelines recommended by the Commission, and allocated $200,000 in Urban
Development Action Grant (UDAG) funds. The City Council then challenged the Commission to
raise the additional $200,000.
The purpose of the Historic Preservation Revolving Loan Fund is to support historic
preservation in the four primarily residential historic districts -- Cathedral, Jackson Park,
Langworthy and West 11th Street -- as a complement to the Downtown Rehabilitation Loan
Program available for the Old Main Historic District, which is primarily commercial.
The Historic Preservation Revolving Loan Fund provides low interest loans to property owners
at any income level on a competitive basis for exterior rehabilitation projects that meet the
Secretary of the Interior's Standards for Rehabilitation. Priority is given to projects that save,
restore or reconstruct original building elements, using original materials that reflect the
architectural character or significance of the property. Loans are for up to $25,000 at 3% for 10
years, with a limit of one loan per building or $25,000 maximum in multiple loans per building.
Within the first year, the Historic Preservation Commission awarded all $200,000 in the
Revolving Loan Fund for rehabilitation projects. City staff and the Commission continue to see
interest in this popular loan program from property owners in the historic districts. A brochure
describing the Historic Preservation Revolving Loan Fund is enclosed.
Historic Preservation Revolving Loan Fund
Page 2
Discussion
Premier Bank has offered to provide $200,000 to the City for 10 years, interest free for the
Historic Preservation Revolving Loan Fund. The $200,000 would be paid back at the end of the
10 years through loan repayments (and 20% of the original $200,000 UDAG money to cover
any delinquencies) using no City resources. Premier Bank has requested that they be given
recognition for this contribution, for their marketing.
City staff in the City Manager's Office and the Planning Services, Economic Development,
Housing and Community Development, Legal and Finance Departments evaluated this offer.
The City would accept the money from Premier Bank, and fold it into our existing Historic
Preservation Revolving Loan Fund (which would then be capitalized at $400,000). The funds
would be loaned out, paid back and re-Ioaned. The City's Housing Rehabilitation Division will
continue to process these loans in-house. In cases where the borrower's income exceeds HUD
eligibility standards, staff time will be charged to the Rental Rehab Program repayment loan
revenue account. When the 10 years are up and the repayment is due to Premier Bank, it
would be paid back from the loan repayments (and 20% of the original $200,000 in UDAG
money to cover any delinquencies). The $200,000 General Obligation Capital Loan Note is the
security being required by the bank in case not enough remains after delinquencies to pay the
$200,000 obligation.
Premier Bank's Board of Directors has approved the Loan Agreement.
The City's Bond Counsel, William Noth, has provided guidance on the proceedings for approval
of the Loan Agreement and $200,000 General Obligation Capital Loan Note. His instructions are
enclosed.
Recommendation
The Historic Preservation Commission has recommended that the City accept Premier Bank's
offer. City staff concurs with the Commission's recommendation.
I recommend that the City Council approve the offer by Premier Bank to provide $200,000 to the
City of Dubuque for 10 years, interest free, for the Historic Preservation Revolving Loan Fund. I
further recommend that this offer be secured with a $200,000 General Obligation Capital Loan
Note under the terms of the Loan Agreement.
The City Council is asked to set a public hearing for approval of the Loan Agreement and
$200,000 General Obligation Capital Loan Note for December 20, 2004.
Enclosures
cc
Jeffrey Mozena, PresidenVCEO, Premier Bank
Scott Dalsing, Vice President Commercial Lender, Premier Bank
David Stuart, Chairperson, Historic Preservation Commission
Barry Lindahl, Corporation Counsel
Dawn Lang, Budget Director
Kenneth TeKippe, Finance Director
David Harris, Housing and Community Development Department Director
Joleen Patterson, Housing Rehabilitation Supervisor
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
P lanning@cityofdubuque.org
www"cityofdubuque"org
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November 23, 2004
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Historic Preservation Revolving Loan Fund
Dear Mayor and City Council Members:
This letter transmits the recommendation of the Historic Preservation Commission to
the offer by Premier Bank to provide $200,000 to the City of Dubuque for 10 years,
interest free, for the Historic Preservation Revolving Loan Fund.
On March 6, 2001 the City Council adopted the creation of a $400,000 Historic
Preservation Revolving Loan Fund (HP RLF) to provide low interest loans to property
owners at any income level in the four residential historic districts, as recommended by
the Historic Preservation Commission and the Preservation Task Force.
The Historic Preservation Commission was challenged to find the additional $200,000
to complete the $400,000 funding level we originally recommended.
The Commission is excited about the opportunity that Premier Bank's offer brings to the
City's historic preservation efforts. The Historic Preservation Revolving Loan Fund has
been very well-received by owners of property in the Cathedral, Jackson Park,
Langworthy and West 11 th Street Historic Districts. This additional funding will enable
the Commission to continue to promote appropriate rehabilitation and preservation of
historic structures in these districts.
The Historic Preservation Commission unanimously recommends acceptance of
Premier Bank's offer to help finance the Historic Preservation Revolving Loan Fund.
Sincerely,
~~& ~^*" /~
David Stuart, Chairperson
Historic Preservation Commission
Service
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~icant Eligibility!
The owner of any property at least 50 years old and
located in Jackson Park, Cathedral. W. 11th Street
or Langworthy Historic Preservation Districts or des-
ignated as a City Landmark
I Loan AmounVTermsi
tÐ Up to $25,000
", $ 3%. in.terestrate
. . 10 years
Monthly prinCIpal and Interest
payments begin after project completion, but not
longer than 6 months after loan closing. Umit one
loan outstanding per building. Work must be initi-
ated within three (3) months and completed with six
(61 months from date of Historic Preservation Com-
mission approval. The Commission may grant addi-
tional time, if needed
secun1)1
Preferably at least a 2nd mortgage position and
promissory note, or an amount not Ie exceed 100%
of loan-"'-value. The property value will be based on
the assessed value, or on the appraised value after
,mprovements if the assessed value is not a good
indicator.
Application Perlod
Initial open enrollment for first 60 days of the fiscal
year (July and August): applications accepted until
all funds are committed
Assistance with the des,gn rev,ew portion of the
application is available during regular business
hours by appointment at the Planning Services
Department, 50 W 13th Street. Dubuque (City Halll
and insured by the State of Iowa. Homeowners
may do the work themselves: written quotes on
the costs of materials must be prov,ded" Labor by
homeowners is not covered. Incomplete
applications w,lI not be processed
êigit>!elmprovemen~ I
Exterior work that results in property improvements that
meet the Secretary of the Interior's Standards and
Guidelines for Rehabilitation
Work must meet the Secretary of the Interior's
Standards and Guidelines for Rehabilitation and any
specif,c design standards established for the pertinent
HIStoric Preservation District
A loan review committee of City Staff and Historic
Preservat,on Commissioners will rank applications
prior to income verification, and make
recommendations relative to loan amount. and
review compliance With City Housing, Building
and Historic Preservation Codes, and with
Section 106 of the Code of Federal Regulations
rroject t<anI<Jng
Projects will be ranked by the architectural or historical
significance of the build,ng, and the priOrity of the work.
The architectural or historical s,gnlficance will be based
on the H,storic Propert,es inventory of 1978-1979
The H,storic Preservation Commission will rev,ew
the loan appl,cation, the proposed work, and the
committee's recommendations. The Commission
must approve a Certificate of Appropriateness for
all proposed work prior to ,ssuance of permits or
processing of loans.
Highest priority will be given to projects that result in
saving, restoring, or reconstructing original building
elements, using orig,nal materials that refiect the
architectural character or significance of the property
I Second priority will be given to projects that
use preservation alternatives, such as
different materials, techniques or m. ethods
for rehab,litatlOn of historic bUlld,ngs
All applicable City reviews and permits must be
completed: e.g., building permits, rental license
housing inspection, before any work begins
Work begun prior to obtaining a required permit,
review or approval will not be eligible for loan
ass,stance
Projects will receive a lower rating ,f the property owner
is a previous borrower under thIS program
l~~ewa"d AøPfO-'fJl
Applications w,lI be accepted during regular business
hours at the Housing and Community Development
Department, 1805 Central Avenue, Dubuque, Iowa
All applications must include required information on
,ncome, specific work proposed, and at least two
est,mates rece,ved from full{,me contractors licensed
ATTORNEYS AT LAW
100 COURT AVENUE' SUITE 600
DES MOINES. I(JIYA 50309-2231
PHONE 515-243-7611
FAA 515-243-2149
WWW.AHLERSLAW.COM
WILLIAM J NOTH
WNOTH@AHLERSLAW"COM
Oirecl Dial:
(515)24&<1332
October 20, 2004
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE:
$200,000 General Obligation Capital Loan Note
(Historic Preservation Loan Fund)
Dear Mr. TeKippe:
We have now prepared and are enclosing herewith suggested replacement
proceedings to be acted upon by the Council in fixing the date of a meeting on the
proposition to enter into a loan agreement and issue the above mentioned Note and
ordering publication of a notice of hearing consistent with the provisions of Code Section
384.24 and 384.26. These proceedings should be used in lieu of those provided to
you with my letter of October 12, 2004.
Notice of this meeting must be published at least once in a legal newspaper,
printed wholly in the English language, published at least once weekly, and having
general circulation in the City. The date of publication is to be not less than ten clear
davs before the date of said public meeting on the issuance of the Note. In computing
time, the date of publication should be excluded. If the last day falls on Sunday, the
whole of the following Monday should be excluded.
At the time of hearing the Council shall receive oral or written objections from any
resident or property owner to the proposed action to enter into a loan agreement and issue
the Note. After all objections have been received and considered, the Council is required,
at that meeting or at any adjournment thereof, to take additional action for the
authorization of a loan agreement and the issuance of the Note or to abandon the
proposal.
WISHARD & BH.y-18B8; GlÆJINSEY & BH.Y -1893; EW.Y &5....1901; 5TPP. PERRY. _1ER&5.""""",-1914; BmtsrER. CARPENTER.
"""'s& C<xH;v -1961;""'0$. C<xH;v. O~lER. AuæE. HAYNE&51MTtt-1974; """'S. C<xH;v. DCRWElER. HA-. SIIIDi&ALlBEE. PC -1990
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(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body:
The City Council of Dubuque, Iowa.
Date of Meeting:
,2004.
Time of Meeting:
o'clock _.M.
Place of Meeting:
Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for said
meeting is as follows:
$200,000 General Obligation Capital Loan Note.
Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional- page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of said governmental body.
City Clerk, Dubuque, Iowa
.
Council Member Cl ine introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN
NOTE OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF", and moved that the same be adopted. Council Member
Connors seconded the motion to adopt. The roll was called and the
vote was,
AYES:
Buol, Cline, Connors, Duggan,
Markham, Michalski, Nicholson
NAYS:
None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 455-04
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF A $200,000 GENERAL
OBLIGATION CAPITAL LOAN NOTE OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa,
should issue a General Obligation Capital Loan Note to the amount of $200,000, as
authorized by Section 384.24A and 384.26(5) of the Code ofIowa, for the purpose of
providing funds to pay costs of carrying out a general corporate project as hereinafter
described; and
WHEREAS, the Loan Agreement and Notes shall be payable from the Debt
Service Fund; and
WHEREAS, before a Loan Agreement may be authorized and General Obligation
Capital Loan Notes issued to evidence the obligation of the City thereunder, it is
necessary to comply with the provisions of the City Code ofIowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan Agreement and Note
and to receive oral and/or written objections from any resident or property owner of the
City to such action and the right to petition for an election.
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public
Library, Dubuque, Iowa, at 6: 30 o'clock -E..M., on the 20th day of
December, 2004, for the purpose of taking action on the matter ofthe issuance
of a $200,000 General Obligation Capital Loan Note, the proceeds of which will be used
to provide funds to pay costs of funding the City's Historic Preservation Revolving Loan
Fund and the making ofloans to property owners in designated historic preservation
districts or who own a City designated landmark for exterior rehabilitation projects.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than ten clear days before the date of said public meeting on the
issuance of said obligations.
Section 3. The notice of the proposed action to issue said General Obligation
Capital Loan Note shall be in substantially the following form:
-3-
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN
NOTE OF SAID CITY, AND THE HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa,
will hold a public hearing on the 20th day of December, 2004, at 6: 30 o'clock
~.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which
meeting the Council proposes to take additional action for the issuance of a $200,000
General Obligation Capital Loan Note in order to provide funds to pay costs of funding
the City's Historic Preservation Revolving Loan Fund and the making ofIoans to property
owners in designated historic preservation districts or who own a City designated
landmark for exterior rehabilitation projects.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of the City, to the above action. After all objections have been
received and considered, the Council will at this meeting or at any adjournment thereof,
take additional action for the authorization of a Loan Agreement and the issuance of a
Note to evidence the obligation of the City thereunder or will abandon the proposal.
At any time before the date of said meeting, a petition, asking that the question of
issuing such Note be submitted to the legal voters of said City, may be filed with the
Clerk of said City in the manner provided by Section 362.4 of the City Code ofIowa,
pursuant to the provisions of Section 384.26(5) of the City Code ofIowa.
This Notice is given by order of the Council of Dubuque, Iowa, as provided by
Sections 384.24A and 384.26(5) of the City Code ofIowa, as amended.
Dated this 7th day of December
,2004.
/s/ Jeanne F. Schneider, City Clerk
(End of Notice)
-4-
PASSED AND APPROVED this 6th day of December, 2004.
Terrance M. Duggan, Mayor
ATTEST:
Jeanne F. Schneider
City Clerk
-5-
,2004
The City Council of Dubuque, Iowa, met in
Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at
the above date. There were present Mayor
and the following named Council Members:
session, in the
o'clock _.M., on
, in the chair,
Absent:
*******
-1-
Council Member introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN
NOTE OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF", and moved that the same be adopted. Council Member
seconded the motion to adopt. The roll was called and the
vote was,
AYES:
NAYS:
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF A $200,000 GENERAL
OBLIGATION CAPITAL LOAN NOTE OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa,
should issue a General Obligation Capital Loan Note to the amount of $200,000, as
authorized by Section 384.24A and 384.26(5) of the Code ofIowa, for the purpose of
providing funds to pay costs of carrying out a general corporate project as hereinafter
described; and
WHEREAS, the Loan Agreement and Notes shall be payable from the Debt
Service Fund; and
WHEREAS, before a Loan Agreement may be authorized and General Obligation
Capital Loan Notes issued to evidence the obligation of the City thereunder, it is
necessary to comply with the provisions of the City Code of Iowa, as amended, and to
publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan Agreement and Note
and to receive oral and/or written objections from any resident or property owner of the
City to such action and the right to petition for an election.
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public
Library, Dubuque, Iowa, at o'clock _.M., on the - day of
,2004, for the purpose of taking action on the matter ofthe issuance
of a $200,000 General Obligation Capital Loan Note, the proceeds of which will be used
to provide funds to pay costs of funding the City's Historic Preservation Revolving Loan
Fund and the making ofloans to property owners in designated historic preservation
districts or who own a City designated landmark for exterior rehabilitation projects.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than ten clear days before the date of said public meeting on the
issuance of said obligations.
Section 3. The notice of the proposed action to issue said General Obligation
Capital Loan Note shall be in substantially the following form:
-3-
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN
NOTE OF SAID CITY, AND THE HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa,
will hold a public hearing on the - day of , 2004, at - o'clock
_.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which
meeting the Council proposes to take additional action for the issuance of a $200,000
General Obligation Capital Loan Note in order to provide funds to pay costs of funding
the City's Historic Preservation Revolving Loan Fund and the making ofloans to property
owners in designated historic preservation districts or who own a City designated
landmark for exterior rehabilitation projects.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner ofthe City, to the above action. After all objections have been
received and considered, the Council will at this meeting or at any adjournment thereof,
take additional action for the authorization of a Loan Agreement and the issuance of a
Note to evidence the obligation of the City thereunder or will abandon the proposal.
At any time before the date of said meeting, a petition, asking that the question of
issuing such Note be submitted to the legal voters of said City, may be filed with the
Clerk of said City in the manner provided by Section 362.4 of the City Code ofIowa,
pursuant to the provisions of Section 384.26(5) of the City Code ofIowa.
This Notice is given by order of the Council of Dubuque, Iowa, as provided by
Sections 384.24A and 384.26(5) of the City Code ofIowa, as amended.
Dated this - day of
,2004.
City Clerk of Dubuque, Iowa
(End of Notice)
-4-
PASSED AND APPROVED this - day of
,2004.
Mayor
ATTEST:
City Clerk
-5-
, . .
CIG-3
9/91
CERTIFICATE
STATE OF IOWA
)
) SS
)
COUNTY OF DUBUQUE
I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty- four hours prior to the commencement of the meeting as required by said law
and with members ofthe public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
city offices as indicated therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this
day of , 2004.
City Clerk, Dubuque, Iowa
SEAL
DCORNELL\429798.1 IWPII0422069
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