Issuance of $6,265,000 General Obligation Bonds
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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:
November 6
, 2000.
Time of Meeting:
6:30
o'clock P.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:
$6,265,000 General Obligation Bonds, Series 2000C
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Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent,
Approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and Authorizing the Execution of the Agreement.
Such additional matters as are set forth on the additional 11 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.
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/_'/44~--C/ ;/' r<Y~//A:-A!/(
6WClerk, Dubuque, Iowa
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Council Member Buo 1 introduced the following resolution
entitled "RESOLUTION APPOINTING WELLS FARGO BANK IOWA, NATIONAL
ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND
REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT
AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE AGREEMENT", and moved that the
resolution be adopted. Council Member Ni cho 1 son seconded the motion to
adopt. The roll was called and the vote was,
Al1ES: Buol, Cline, Markham, Michalski, Nicholson
Robbins
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION #519-00
RESOLUTION APPOINTING WELLS FARGO BANK
IOWA, NATIONAL ASSOCIATION OF DES MOINES,
IOWA, TO SERVE AS PAYING AGENT, BOND
REGISTRAR, AND TRANSFER AGENT, APPROVING
THE PAYING AGENT AND BOND REGISTRAR AND
TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa,
$6,265,000 General Obligation Bonds, Series 2000C, dated November 1,2000, have
been sold at public sale and action should now be taken to provide for the maintenance
of records, registration of certificates and payment of principal and interest in connection
with the issuance of the Bonds; and
WHEREAS, this Council has deemed that the services offered by Wells Fargo
Bank Iowa, National Association of Des Moines, Iowa, are necessary for compliance
with rules, regulations, and requirements governing the registration, transfer and payment
of registered Bonds; and
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WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement
(hereafter "Agreement") has been prepared to be entered into between the City and Wells
Fargo Bank Iowa, National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank Iowa, National Association of Des Moines,
Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent
in connection with the issuance of $6,265,000 General Obligation Bonds, Series 2000e,
dated November 1,2000.
Section 2. That the Agreement with Wells Fargo Bank Iowa, National
Association of Des Moines, Iowa, is herepy approved and that the Mayor and Clerk are
authorized to sign the Agreement on behalf of the City.
PASSED AND APPROVED this ~ day of November
,2000.
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Ma or Pro-Tern
ATTEST:
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&d4d://&~....?? '/i;/
{e'ity Clerk
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CIG-3
9/91
CERTIFICATE
STATE OF IOWA
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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 of the 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
fit h day of November , 2000.
SEAL
DCORNELL\2541 01 \1 \1 0422056
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CIG03.TXT
5/91
CITY CLERK'S CERTIFICATION TO COUNTY AUDITOR
Pursuant to the provisions of Section 76.2 of the Code of Iowa, I do hereby certify
that attached hereto is a true and correct copy of the Resolution authorizing the issuance
of$6,265,000 General Obligation Bonds, Series 2000C, and levying a tax therefor
adopted by the Council of the City of Dubuque, Iowa, on the date thereof, the original of
which is on file in the records of the undersigned.
Dated this -;//:/ day of ~~~~-('/~c/ ,2000.
~~~~/ ~~/z/~L2~
rk of the City of Dubuque, Iowa
(CITY SEAL)
COUNTY AUDITOR'S CERTIFICATE
I, Den; se Dolan , County Auditor of Dubuque County, Iowa,
hereby certify that on the 8th day of November , 2000 there was
filed in my office the Resolution of the City Council of Dubuque, Iowa, adopted on the
6th day of November ,2000, said Resolution levying a tax for the
purpose of paying principal and interest on $6,265,000 of General Obligation Bonds,
Series 2000C, dated November 1,2000, and authorizing the issuance of said bonds, all
duly certified upon the form attached above.
ilL-- 'LA./' 1-5 C 1-1 . ,~ r;t--t--<.A' "--'
County Auditor of Dubuque County, Iowa
(COUNTY SEAL)
DCORNELL\254088\1 \ 10422056
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MONDAY, NOVEMBER 6,2000
5:00 p.m. - DINNER - LIBRARY ROTUNDA
5:30 P.M. - SPECIAL MEETING - LIBRARY AUDITORIUM
Paperless Agenda Review
AGENDA
CITY COUNCIL MEETING
6:30 P.M.
INVOCATION
Reverend Matthew Harris, Pastor of The Bridge Christian Church
PROCLAMATIONS
Youth Appreciation Month (November, 2000)
CONSENT ITEMS (SEE PAGES 6-11)
The consent items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed
from the Consent Agenda for separate discussion and consideration.
BOARDS/COMMISSIONS
Appointment to the following Commission:
Historic Preservation Commission (Old Main District): Audrey Henson
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5.
Salina Street Reconstruction
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Salina Street Reconstruction Project and City
Manager recommending award of the project to Portzen Construction in the amount
of $458,069.80.
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RESOLUTION Adopting plans and specifications for the project
RESOLUTION A warding contract to Portzen Construction
RESOLUTION With respect to the adoption of the Resolution of Necessity proposed
for the Salina Street Reconstruction Project.
Suggested Disposition: Receive and Fife; Adopt Resolutions
6. Supervisory Control and Data Acquisition System _ Water Department
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Supervisory Control and Data Acquisition
System Project and City Manager recommending award of the contract to Miller
Electric Supply, Inc. In the amount of $232,999.
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RESOLUTION Adopting plans and specifications for project
RESOLUTION Awarding contract to Miller Electric Supply, Inc.
Suggested Disposition: Receive and Fife; Adopt Resolutions
7.
Eagle Point Water Plant - Chlorine Feed Room Expansion Project
Proofs of PUblication on notice of hearing on plans and specs and notice to bidders
on the receipt of bids for the Eagle Point Water Plant Chlorine Feed Room
Expansion Project and City Manager recommending award of the contract to
Portzen Construction in the amount of $ 1 1 5,649.
RESOLUTION Adopting plans and specifications for project
RESOLUTION A warding contract to Portzen Construction
Suggested Disposition: Receive and Fife; Adopt Resolutions
8. Pennsylvania Pump Station - Water Department
Proofs of publication on notice of hearing on plans and specs and notice to bidders
on the receipt of bids for the Pennsylvania Pump Station Project and City Manager
recommending award of the contract to Portzen Construction for $326,111.
RESOLUTION Adopting plans and specifications for project
. RESOLUTION Awarding contract to Portzen Construction
Suggested Disposition: Receive and Fife; Adopt Resolutions
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REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
ACTION ITEMS
1 . 623 - 627 Arlington - Appeal of Historic Preservation Commission Decision
Historic Preservation Commission submitting information regarding the appeal of
the Commission's decision for property located at 623-627 Arlington.
Suggested Disposition: Receive and File; Council Direction
2. Oak Meadows II - Water Main Connection Fee
City Manager submitting response to Jim Stock's request regarding a $1,298
connection fee on his Oak Meadows II project.
Suggested Disposition: Receive and File; Council Direction
3. Barge Fleeting
City Manager submitting information on barge fleeting and requesting City Council
direction.
Walter Hartman, Dubuque County Conservation Society, in opposition to the
proposal to relocate barge fleeting to the southeast portion of Schmitt/City Island.
Suggested Disposition: Receive and File: Council Direction
4. Comprehensive Plan Update
Long Range Planning Commission providing a progress report on the 2000 update
of the Comprehensive Plan and the joint City/County planning process for fringe
area growth and development.
Suggested Disposition: Receive and File
5. Downtown Comprehensive Plan Process
City Manager transmitting the recommendations of the Long Range Planning
Advisory Commission regarding the Downtown Comprehensive Plan process.
Communication from the Board of Directors of the Dubuque Area Chamber of
Commerce regarding the Downtown Comprehensive Planning.
Suggested Disposition: Receive and File
6. Burbach Charitable Contribution
City Manager recommending that the City accept the offer of Carl J. and Mary Ann
Burbach to donate Lot 22 of Sunset Park Eighth Addition for park purposes.
Suggested Disposition: Receive and File; Approve
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7.
No Parking Zone - Hawthorne Street
City Manager recommending that the "No Parking" zone in front of the Eagle Point
Water Plant be modified.
Suggested Disposition: Receive and File; Council Direction
8. Amendment to the Ice Harbor Urban Renewal District
City Manager recommending approval of an amended Tax Increment Financing
District for the Ice Harbor Urban Renewal District.
ORDINANCE Amending Ordinance No. 66-89, and providing that general property
taxes levied and collected each year on all property located within the Ice Harbor
Urban Renewal District, as amended, of the City of Dubuque, County of Dubuque,
State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County
of Dubuque, Dubuque Community School District, and other taxing districts, be
paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by
said City in connection with the Amended and Restated Urban Renewal Plan for the
Ice Harbor Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
9.
Owner-Occupied Affordable Housing Committee
City Manager submitting proposed process and participants for the Owner-Occupied
Affordable Housing Committee.
Suggested Disposition: Receive and File; Concur
10. legislative Positions for 2001 legislative Session
City Manager submitting the City's legislative positions for the 2001 Legislative
Session.
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
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ITEMS TO BE SET FOR PUBLIC HEARING
1. Fischer Cold Storage Warehouse Asbestos Abatement Project
City Manager submitting documents providing for the Fischer Cold Storage
Warehouse Asbestos Abatement Project and setting a public hearing for November
20, 2000.
RESOLUTION Preliminary approval of plans and specs for project
RESOLUTION Fixing date of hearing on plans and specs for November 20, 2000
RESOLUTION Ordering bids and directing Clerk to advertise
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/20/00
2. Crescent Ridge - Request to Vacate
City Manager recommending that a public hearing be set for November 20, 2000 to
consider disposing of real property.
David Clemens, representing Larry and Sharon McDermott, requesting that a portion
of Crescent Ridge Road be vacated.
RESOLUTION Approving plat of survey of proposed vacated portion of Crescent Ridge
Road right-of-way
ORDINANCE Vacating a portion of Crescent Ridge Road right-of-way
RESOLUTION of Intent to dispose of City interest in Lot F of Mineral Lots 232 and
291, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/20/00;
Motion B; Motion A
CONSENT ITEMS
1 . Minutes Submitted
Airport Commission of 10/23; Civil Service Commission of 10/3 and 10/19;
Downtown Planning Committee of 9/11; Environmental Stewardship Advisory
Commission of 10/3; Five Flags Commission of 10/16; Historic Preservation
Commission of 10/19; Housing Code Appeals Board of 8/15; Housing Commission of
10/10; Human Rights Commission of 10/11; Park and Recreation Commission of
10/10; Transit Board of 9/14
Proof of Publication of Council Proceedings for 10/2 and 10/4; Substance Abuse
Services Center Quarterly Report; Quarterly Investment Report; Carnegie Stout Library
Fiscal Year 2000 Annual Report
Suggested Disposition: Receive and File
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Printed Council Proceedings for September, 2000
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Suggested Disposition: Receive and File; Approve as Printed
2.
Notice of Claims/Suits
Shirley Elliott in estimated amount of $227.00 for personal injuries; Marlin Jorgensen
in estimated amount of $20.00 for property damage; Linda Lucey in estimated amount
of $255.88 for vehicle damage; Phil Meyer in undetermined amount for property
damage; Dorothea Tschiggfrie in estimated amount of $977.72 for property damage
Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation
Corporation Counsel advising the following claims have been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Hillcrest
Association for property damage; Betty Loeffelholz for property damage; Mark Puccio
for reimbursement of medical expenses; Terryl Stewart for vehicle damage; Angela
Woolf for vehicle damage
Suggested Disposition: Receive and File; Concur
.
Corporation Counsel recommending settlement of the vehicle damage claim of Linda
Lucey in the amount of $255.88 and the property damage claim of Marlin Jorgensen in
the amount of $20.00 and that the Finance Director be directed to issue payment.
Suggested Disposition: Receive and File; Approve Settlements
3.
Citizen Communications
A. Howard W. Klauer and John P. Klauer expressing their appreciation to Gil
Spence, Leisure Services Manager, for the removal of dead trees along the right-
of-way of Dexter Street.
B. Mr. and Mrs. Myron Cole regarding parking problems in the alley between
Nevada Street and Alpine Street.
Suggested Disposition: Receive and File; Refer to City Manager
4. Five Flags Center Arena Seat Replacement Project
City Manager recommending acceptance of the Five Flags Center Arena Seat
Replacement Project.
RESOLUTION Accepting Improvement for project
RESOLUTION Approving final estimate in amount of $166,155
. Suggested Disposition: Receive and File; Adopt Resolutions
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5. Section 8 Housing Vouchers
City Manager recommending approval of an application to the US Department of
Housing and Urban Development for additional Section 8 Program housing vouchers.
RESOLUTION Authorizing the Mayor to execute an application to the US Department
of Housing and Urban Development (HUD) for additional Section 8 Program Housing
Vouchers; and to execute a standard Amended Annual Contributions Contract for the
additional funds
Suggested Disposition: Receive and File; Adopt Resolution
6. Application for Local Housing Assistance Program (LHAP) Funds
City Manager recommending approval of an application to the Iowa Department of
Economic Development for Local Housing Assistance Program funds for a pilot
program promoting low-income homeownership.
RESOLUTION Authorizing an application to the Iowa Department of Economic
Development for Local Housing Assistance Program Funds
Suggested Disposition: Receive and File; Adopt Resolution
7. Acceptance of Deeds from Plastic Center, Inc.
Corporation Counsel recommending acceptance of the Warranty Deed and Correction
Warranty Deed from Plastic Center, Inc.
RESOLUTION Accepting the deeds to. certain real estate in Dubuque County, Iowa
from Plastic Center, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
8. Hazard Mitigation Planning Grant Contracts
City Manager recommending approval of two Hazard Mitigation Planning Grant
contracts with Iowa Emergency Management Division and East Central
Intergovernmental Association.
Suggested Disposition: Receive and File; Approve
9. Department of Housing and Urban Development
A. Communication advising that the City's application to the Lead-Based Paint
Hazard Control Grant Program was not approved.
B. Communication advising that no objections to the City's Fiscal Year 2000
Community Development Block Grant Program had been received.
C. Communication advising that their review of the City's Community Development
Block Grant Program for 1 999 was satisfactory.
Suggested Disposition: Receive and File
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10. Iowa Department of Natural Resources
The Iowa Department of Natural Resources submitting the Industrial Pretreatment
. Compliance Inspection report for the Water Pollution Control Plant.
Suggested Disposition: Receive and File
11 . Notice of Expiration of Right of Redemption
County Treasurer advising of the Notice of Expiration of Right of Redemption for
property described as Lot 1 of Lot 1 of the Subdivision of Mineral Lot 251 A and part
of Mineral Lot 250; and Lot 1 of Lot 1 of Mineral Lot 501 in the City of Dubuque.
Suggested Disposition: Receive and File
12. Dubuque Area Labor-Management Council
Dubuque Area labor-Management Council requesting a letter of support for their grant
application from the U.S. Department of Labor to conduct a Workforce Development
Community Audit in the Dubuque area.
Suggested Disposition: Receive and File; Approve Letter of Support
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13. Supplement #47 - Code of Ordinances
City Manager recommending adoption of Supplement #47 to the Code of Ordinances
of the City of Dubuque.
RESOLUTION Adopting Supplement #47 to the Code of Ordinances
Suggested Disposition: Receive and File; Adopt Resolution
14. Disposition of Buettell Brothers Building at 821-845 Central Avenue
Historic Preservation Commission requesting that the City Council work with the
Dubuque County Board of Supervisors to preserve the Buettell Brothers Building at
821-845 Central Avenue if the Law Enforcement Center is expanded to this area.
Suggested Disposition: Receive and File
15. Iowa League of Cities
Communication from the Iowa league of Cities requesting that the City Manager serve
on the League Policy Committee.
Suggested Disposition: Receive and File; Approve
16.
Water Service - Lock and Dam No. 11
City Manager recommending approval of a Contract Agreement with the Army Corp of
Engineers to provide water service to Lock and Dam No. 11.
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Suggested Disposition: Receive and File; Approve Agreement
1 7. Enrich Iowa Grant
Tom Moran, Library Director. advising that the Library has once again qualified for an
Enrich Iowa Grant and requesting that this additional revenue amount be included in
the next budget amendment.
Suggested Disposition: Receive and File
18. Vacation/Purchase of Allison Place
City Manager advising that Finley Hospital has exercised their option to purchase
Allison Place and that process is now complete.
Suggested Disposition: Receive and File
19. Civil Service Commission
Civil Service Commission certifying the eligibility list for Parking Meter Checker,
Laborer, and Lead Mechanic.
Suggested Disposition: Receive and File; Make a Matter of Record
20. Diamond Jo/Bird Sign - Appeal of the Fourth Street Peninsula Permit Moratorium
City Manager recommending approval of the issuance of sign permits for the Diamond
Jo on the Fourth Street Peninsula.
Suggested Disposition: Receive and File; Approve
21 . Dubuque County Historical Society - Appeal of the Fourth Street Peninsula Permit
Moratorium
City Manager recommending approval of the issuance of a sign permit for the
Mississippi River Discovery Center on the Fourth Street Peninsula.
Suggested Disposition: Receive and File; Approve
22. Issuance of $6,265,000 General Obligation Bonds
City Manager recommending the issuance of $6,265,000 General Obligation Bonds,
Series 2000C.
RESOLUTION Appointing Wells Fargo Bank Iowa, National Association of Des Moines,
Iowa, to Serve as Paying Agent, Bond Registrar, and Transfer Agent, Approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the
Execution of the Agreement
RESOLUTION Authorizing and Providing for the Issuance of $6,265,000 General
Obligation Bonds, Series 2000C, and Levying a Tax to Pay Said Bonds
Suggested Disposition: Receive and File Communication; Adopt Resolutions
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23. County Board of Health
Communication of Mayor Terrance M. Duggan to the County Board of Supervisors
expressing the City's desire to have representation on the County Board of Health.
Suggested Disposition: Receive and File
24. 319 Area Code
City Manager submitting information on the change of the City of Dubuque's area
code.
Suggested Disposition: Receive and Fife
25. NLC Policy Informer
City Manager submitting the October edition of the Policy Informer from the National
League of Cities.
Suggested Disposition: Receive and File
26. Business Ucense Refunds
Beer and Liquor Combination license refund to the Old Shang and Class B Beer Permit
to Cedar Cross Amoco.
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Suggested Disposition: Receive and File; Approve
27. Business Ucenses
RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to
Oky Doky #15 and Bunker Hill Snack Bar
RESOLUTION Granting issuance of Class "C" Beer Permit lOCO Speede Shoppe #93;
Bit 10 Mart; and Oky Doky #15
RESOLUTION Granting issuance of Class "C" Beer/Liquor Permit to The Tollbridge; Yen
Ching Restaurant; The Bridge Restaurant; and Aragon Tap
Suggested Disposition: Adopt Resolutions
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are
of concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments;
however, no formal or official action may be taken at this time on your comments because of
the notice requirements of the Iowa Open Meetings Law.
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CLOSED SESSION
Property Acquisition (Iowa Code 921.5(1)0)
Jeanne F. Schneider
November 2, 2000
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November 6
, 2000
The City Council of Dubuque, Iowa, met in Regul ar session, in the
Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at o'clock _.M., on
the above date. There were present Mayor Pro- T em John Ma rkham , in the chair, and the
following named Council Members:
Roy Buol, Patricia Cline, Ann Michalski, Dan
Nicholson, Joseph Robbins
Absent: Mayor Terrance Duggan
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i\1nES: Suol, Cline, Markham, Michalski,
Nicholson, Robbins
Ni\YS:
None
Whereupon, the Mayor declared said Resolution duly adopted as follows:
RESOLUTION #520-00
RESOLUTION i\UTHORIZING AND PROVIDING FOR THE
ISSUi\NCE OF $6,265,000 GENERAL OBLIGi\ TION BONDS, SERIES
2000C, AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State ofIow~; and
WHEREAS, the Issuer is in need of funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal project activities under the authority of
Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan
for the Downtown Dubuque Urban Renewal District, including but not limited to the
construction of a structured parking facility located at Third and Main Street, an essential
corporate purpose, and it is deemed necessary and advisable that General Obligation
Bonds in the amount of not to exceed $5,600,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said
Code, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of said Bonds, and the Council is therefore now authorized
to proceed with the issuance of said Bonds; and
WHEREAS, the Issuer also is in need of funds to pay costs of construction of
improvements at the Dubuque Regional Airport, including those costs associated with
the rehabilitation and improvement of existing T -hangar airplane facilities and the
construction of new T -hangar airplane facilities, an essential corporate purpose, and it is
deemed necessary and advisable that its General Obligation Bonds in the amount of not
to exceed $690,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said
Code, this Council has held a public meeting and hearing upon the proposal to institute
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proceedings for the issuance of said Bonds, and the Council is therefore now authorized
to proceed with the issuance of said Bonds; and
WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby
found and determined that the various general obligation bonds authorized as
hereinabove described shall be combined for the purpose of issuance in a single issue of
Corporate Purpose Bonds as hereinafter set forth; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the
above mentioned Bonds were heretofore sold at public sale and action should now be
taken to issue said Bonds conforming to the terms and conditions of the best bid received
at the advertised public sale.
NOW, THEREFORE, BE IT RES.oL VED BY THE COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in
this Resolution unless the text expressly or by necessary implication requires otherwise:
. "Authorized Denominations" shall mean $5,000 or any integral
multiple thereof.
. "Beneficial Owner" shall mean the person in whose name such
Bond is recorded as the beneficial owner of a Bond by a Participant on the records
of such Participant or such person's subrogee.
. "Bonds" shall mean $6,265,000 General Obligation Bonds, Series
2000C, authorized to be issued by this Resolution.
. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee ofDTC with respect to the Bonds.
. "Continuing Disclosure Certificate" shall mean that certain
Continuing Disclosure Certificate executed by the Issuer and dated the date of
issuance and delivery ofthe Bonds, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
. "Depository Bonds" shall mean the Bonds as issued in the form of
one global certificate for each maturity, registered in the Registration Books
maintained by the Registrar in the name of DTC or its nominee.
-4-
.
. "DTC" shall mean The Depository Trust Company, New York, New
York, a limited purpose trust company, or any successor book-entry securities
depository appointed for the Bonds.
. "Issuer" and "City" shall mean the City of Dubuque, Iowa.
. "Participants" shall mean those broker-dealers, banks and other
financial institutions for which DTC holds Bonds as securities depository.
. "Paying Agent" shall mean the Wells Fargo Bank Iowa, National
Association, or such successor as may be approved by Issuer as provided herein
and who shall carry out the duties prescribed herein as Issuer's agent to provide for
the payment of principal of and interest on the Bonds as the same shall become
due.
. "Project Fund" shall mean the fund required to be established by this
Resolution for the deposit of the proceeds of the Bonds.
. "Rebate Fund" shall mean the fund so defined in and established
pursuant to the Tax Exemption Certificate.
.
. "Registrar" shall mean Wells Fargo Bank Iowa, National
Association of Des Moines, Iowa, or such successor as may be approved by Issuer
as provided herein and who shall carry out the duties prescribed herein with
respect to maintaining a register of the owners of the Bonds. Unless otherwise
specified, the Registrar shall also act as Transfer Agent for the Bonds.
. "Representation Letter" shall mean the Blanket Issuer Letter of
Representations executed and delivered by the Issuer to DTC.
. "Tax Exemption Certificate" shall mean the Tax Exemption
Certificate executed by the Treasurer and delivered at the time of issuance and
delivery of the Bonds.
. "Treasurer" shall mean the City Treasurer or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording
and payment of the Bonds issued hereunder.
.
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.
Section 2. Levy and Certification of Annual Tax~ Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay
the principal and interest of the Bonds hereinafter authorized to be issued, there is
hereby levied for each future year the following direct annual tax on all of the
taxable property in Dubuque, Iowa, to-wit;
AMOUNT
FISCAL YEAR (JUL Y 1 TO JUNE 30)
YEAR OF COLLECTION:
.
$713,112
$525,663
$524,913
$528,663
$526,363
$518,550
$525,482
$521,388
$516,782
$521,663
$520,519
$518,607
$520,925
$522,219
$527,488
$526,475
$529,438
$526,119
$536,775
2001/2002
2002/2003
2003/2004
2004/2005
2005/2006
2006/2007
2007/2008
2008/2009
2009/2010
2010/2011
2011/2012
2012/2013
2013/2014
2014/2015
2015/2016
2016/2017
2017/2018
2018/2019
2019/2020
(NOTE: For example the levy to be made and certified against the taxable
valuations of January 1,2000, will be collected during the fiscal year commencing
July 1,2001).
.
(b) Resolution to be Filed With County Auditor. A certified copy of this
Resolution should be filed with the County Auditor of Dubuque County, Iowa,
and said Auditor is hereby instructed in and for each of the years as provided, to
levy and assess the tax hereby authorized in Section 2 of this Resolution, in like
manner as other taxes are levied and assessed, and such taxes so levied in and for
each of the years aforesaid be collected in like manner as other taxes of the City
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are collected, and when collected be used for the purpose of paying principal and
interest on said Bonds issued in anticipation of said tax, and for no other purpose
whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at
any time when the proceeds of said tax on hand shall be insufficient to pay the
same shall be promptly paid when due from current funds of the City available for
that purpose and reimbursement shall be made from such special fund in the
amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and
in the same manner as, and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within the Debt Service Fund to be
known as the "GENERAL OBLIGATION BOND FUND 2000 NO. ONE" (the "Bond
Fund"), which is hereby pledged for and shall be used only for the payment of the
principal of and interest on the Bonds hereinafter authorized to be issued; and also there
shall be apportioned to said fund its proportion of taxes received by the City from
railway, express, telephone and telegraph companies and other taxes assessed by the
Iowa State Department of Revenue.
.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than
accrued interest except as may be provided below shall be credited to the Project Fund
and expended therefrom for the purposes of issuance. Any amounts on hand in the
Project Fund shall be available for the payment ofthe principal of or interest on the
Bonds at any time that other funds shall be insufficient to the purpose, in which event
such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on
hand in the Project Fund and not immediately required for its purposes may be invested
not inconsistent with limitations provided by law or this Resolution. Accrued interest, if
any, shall be deposited in the Bond Fund.
.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond
Fund, provided for by Section 3 of this Resolution shall be invested in investments
permitted by Chapter 12B, Code ofIowa, 1999 (formerly Chapter 452, Code of Iowa, as
amended) or deposited in financial institutions which are members of the Federal Deposit
Insurance Corporation and the deposits in which are insured thereby and all such
deposits exceeding the maximum amount insured from time to time by FDIC or its
equivalent successor in anyone financial institution shall be continuously secured in
compliance with the State Sinking Fund provided under Chapter 12C of the Code of
Iowa, 1999, as amended or otherwise by a valid pledge of direct obligations of the
United States Government having an equivalent market value. All such interim
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investments shall mature before the date on which the moneys are required for payment
of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details. Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the City in the amount of
$6,265,000, shall be issued pursuant to the provisions of Sections 384.24 and 384.25 of
the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated
"GENERAL OBLIGATION BOND, SERIES 2000C", be dated November 1,2000, and
bear interest from the date thereof, until payment thereof, at the office of the Paying
Agent, said interest payable on June 1, 2001, and semiannually thereafter on the 1st day
of June and December in each year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor
and attested by the manual or facsimile signature of the Clerk, and impressed or printed
with the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
.
.
Interest Principal Maturity
Rate Amount June 1st
5.000% $205,000 2002
5.000 215,000 2003
5.000 225,000 2004
5.125 240,000 2005
5.125 250,000 2006
5.125 255,000 2007
5.125 275,000 2008
5.125 285,000 2009
5.125 295,000 2010
5.125 315,000 2011
5.125 330,000 2012
5.125 345,000 2013
5.125 365,000 2014
5.125 385,000 2015
5.125 410,000 2016
5.125 430,000 2017
-8-
.
.
.
5.125
5.125
5.250
455,000
475,000
510,000
2018
2019
2020
(b) Redemption. Bonds maturing after June 1, 2009 may be called for redemption
by the Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued
interest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All Bonds or portions thereof called for redemption will cease
to bear interest after the specified redemption date, provided funds for their redemption
are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the
Bonds to be redeemed by random selection of the names of the registered owners of the
entire annual maturity until the total amount of Bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form~ Replacement Bonds.
(a) Notwithstanding the other provisions ofthis Resolution regarding
registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer
determines to permit the exchange of Depository Bonds for Bonds in the Authorized
Denominations, the Bonds shall be issued as Depository Bonds in denominations of the
entire principal amount of each maturity of Bonds (or, if a portion of said principal
amount is prepaid, said principal amount less the prepaid amount); and such Depository
Bonds shall be registered in the name of Cede & Co., as nominee ofDTC. Payment of
semi-annual interest for any Depository Bond shall be made by wire transfer or New
York Clearing House or equivalent next day funds to the account of Cede & Co. on the
interest payment date for the Bonds at the address indicated in or pursuant to the
Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
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.
.
records of DTC or its nominee or of any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any
other person, other than DTC or its nominee, of any notice with respect to the Bonds,
(iii) the payment to any Participant, any Beneficial Owner or any other person, other than
DTC or its nominee, of any amount with respect to the principal of, premium, if any, or
interest on the Bonds, or (iv) the failure ofDTC to provide any information or
notification on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC
or its nominee to be, the absolute owner of each Bond for the purpose of payment of the
principal of, premium, if any, and interest on such Bond, for the purpose of all other
matters with respect to such Bond, for the purpose of registering transfers with respect to
such Bonds, and for all other purposes whatsoever (except for the giving of certain
Bondholder consents, in accordance with the practices and procedures ofDTC as may be
applicable thereto). The Paying Agent shall pay all principal of, premium, ifany, and
interest on the Bonds only to or upon the order of the Bondholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Bonds to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as
long as the Bonds are Depository Bonds, full effect shall be given to the Representation
Letter and the procedures and practices ofDTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry
out its functions or is otherwise determined unsatisfactory, or (ii) a determination by
DTC that the Bonds are no longer eligible for its depository services or (iii) a
determination by the Paying Agent that DTC has resigned or discontinued its services for
the Bonds, the Issuer shall (A) designate a satisfactory substitute depository as set forth
below or, if a satisfactory substitute is not found, (B) provide for the exchange of
Depository Bonds for replacement Bonds in Authorized Denominations.
(d) If the Issuer determines to provide for the exchange of Depository Bonds
for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and
shall provide the Registrar with a supply of executed unauthenticated Bonds to be so
exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide
for such exchange, and to the extent that the Beneficial Owners are designated as the
transferee by the owners, the Bonds will be delivered in appropriate form, content and
Authorized Denominations to the Beneficial Owners, as their interests appear.
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(e) Any substitute depository shall be designated in writing by the Issuer to the
Paying Agent. Any such substitute depository shall be a qualified and registered
"clearing agency" as provided in Section 17 A of the Securities Exchange Act of 1934, as
amended. The substitute depository shall provide for (i) immobilization of the
Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book
entries made on records of the depository or its nominee and (Hi) payment- of principal of,
premium, if any, and interest on the Bonds in accordance with and as such interests may
appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer;
Ownership; Delivery; and Cancellation.
.
(a) Registration. The ownership of Bonds may be transferred only by the making
of an entry upon the books kept for the r~gistration and transfer of ownership of the
Bonds, and in no other way. Wells Fargo Bank Iowa, National Association is hereby
appointed as Bond Registrar under the terms of this Resolution and under the provisions
of a separate agreement with the Issuer filed herewith which is made a part hereof by this
reference. Registrar shall maintain the books ofthe Issuer for the registration of
ownership of the Bonds for the payment of principal of and interest on the Bonds as
provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the Bonds and in this Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the
Registration Books kept for the registration and transfer of Bonds and only upon
surrender thereof at the office of the Registrar together with an assignment duly executed
by the holder or his duly authorized attorney in fact in such form as shall be satisfactory
to the Registrar, along with the address and social security number or federal employer
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 Bond (other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on the
Registration Books the information pertaining to the registered owner required above.
Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or
denominations permitted by this Resolution in aggregate principal amount equal to the
unmatured and unredeemed principal amount of such transferred fully registered Bond,
and bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
.
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.
.
.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds,
the Registrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the
same shall be registered on the Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any such Bonds and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond, including the interest thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing
payment of principal of or interest on the Bonds is returned to the Paying Agent or if any
bond is not presented for payment of principal at the maturity or redemption date, if
funds sufficient to pay such principal of or interest on Bonds shall have been made
available to the Paying Agent for the benefit of the owner thereof, all liability of the
Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith
cease, terminate and be completely discharged, and thereupon it shall be the duty of the
Paying Agent to hold such funds, without liability for interest thereon, for the benefit of
the owner of such Bonds who shall thereafter be restricted exclusively to such funds for
any claim of whatever nature on his part under this Resolution or on, or with respect to,
such interest or Bonds. The Paying Agent's obligation to hold such funds shall 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 Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at
the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish
additional bonds in lesser denominations (but not less than the minimum denomination)
to an owner who so requests.
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.
Section 9. Reissuance of Mutilated. Destroyed. Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new Bond of like tenor and amount
as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and
substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar
evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and
Issuer with satisfactory indemnity and complying with such other reasonable regulations
as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur
in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Bond, shall be made to the registered holder
thereof or to their designated agent as the same appear on the books of the Registrar on
the 15th day preceding the payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Bonds to the extent of the payments so made.
Payment of principal shall only be made upon surrender of the Bond to the Paying Agent.
.
Section 11. Execution. Authentication and Delivery of the Bonds. Upon the
adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to
the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of
the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled
to any right or benefit hereunder unless the Registrar shall duly endorse and execute on
such Bond a Certificate of Authentication substantially in the form of the Certificate
herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall
be conclusive evidence that the Bond so authenticated has been duly issued under this
Resolution and that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until
there shall have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the
Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or upon the order of the
Purchaser upon payment of the purchase price as set forth therein;
.
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.
.
.
3.
The approving opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith &
Allbee, P.C., Bond Counsel, concerning the validity and legality of all the
Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves
the right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered bondholder.
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.
.
.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
follows:
- I I I I
(6) (6)
I (7) I I (8) I
I (1) I
I (2) I I (3) I I (4) I I (5) I
(9)
I (9a) I
(10)
(Continued on the back of this Bond)
I (11)(12)(13) I I (14) I I (15) I
FIGURE 1
(Front)
-15-
.
.
(10)
(Continued)
(16)
FIGURE 2
(Back)
.
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.
The text of the Bonds to be located thereon at the item numbers shown shall be as
follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BOND"
"SERIES 2000C"
Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity:
Item 4, figure 1 = Bond Date: November 1,2000
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered" .
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: $
.
Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation
organized and existing under and by virtue of the Constitution and laws of the State of
Iowa (the "Issuer"), for value received, promises to pay from the source and as
hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of (principal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity date shown above, only upon presentation and surrender hereof at the
office of Wells Fargo Bank Iowa, National Association, Paying Agent of this issue, or its
successor, with interest on said sum from the date hereof until paid at the rate per annum
specified above, payable on June 1,2001, and semiannually thereafter on the 1st day of
June and December in each year.
Interest and principal shall be paid to the registered holder of the Bond as shown
on the records of ownership maintained by the Registrar as of the 15th day preceding
such interest payment date. Interest shall be computed on the basis of a 360-day year of
twelve 30-day months.
.
This Bond is issued pursuant to the provisions of Sections 384.24 and 384.25 of
the City Code of Iowa, for the purpose of paying costs of aiding in the planning,
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.
.
undertaking and carrying out of urban renewal project activities under the authority of
Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan
for the Downtown Dubuque Urban Renewal District, including but not limited to the
construction of a structured parking facility located at Third and Main Street; and
construction of improvements at the Dubuque Regional Airport, including those costs
associated with the rehabilitation and improvement of existing T -hangar airplane
facilities and the construction of new T -hangar airplane facilities, in conformity to a
Resolution of the Council of said City duly passed and approved.
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or such other name as requested by an authorized
representative ofDTC (and any payment. is made to Cede & Co. or to such other entity as
is requested by an authorized representative ofDTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Bonds maturing after June 1, 2009 may be called for redemption by the Issuer and
paid before maturity on said date or any date thereafter, from any funds regardless of
source, in whole or from time to time in part, in any order of maturity and within an
annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date
of call.
Thirty days' notice of redemption shall be given by first class mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All bonds or portions thereof called for redemption will cease
to bear interest after the specified redemption date, provided funds for their redemption
are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the
bonds to be redeemed by random selection of the names of the registered owners of the
entire annual maturity until the total amount of bonds to be called has been reached.
Ownership of this Bond may be transferred only by transfer upon the books kept
for such purpose by Wells Fargo Bank Iowa, National Association, the Registrar. Such
transfer on the books shall occur only upon presentation and surrender of this Bond at the
office of the Registrar as designated below, together with an assignment duly executed
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.
.
by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to
the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but
shall, however, promptly give notice to registered bondholders of such change. All
bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and
Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer
contained in the Bond Resolution.
This Bond is a "qualified tax-exempt obligation" designated by the City for
purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986.
STATEMENT OF INSURANCE
Financial Guaranty Insurance Company ("Financial Guaranty") has issued a
policy containing the following provisions with respect to the City of Dubuque, Dubuque
County, Iowa, General Obligation Bonds, Series 2000C, maturing in the years 2015
through 2020 (the "Bonds"), such policy being on file at the principal office of Wells
Fargo Bank Iowa, National Association, as paying agent (the "Paying Agent"):
Financial Guaranty hereby unconditionally and irrevocably agrees to pay for
disbursement to the Bondholders that portion of the principal of and interest on the
Bonds which is then due for payment and which the issuer of the Bonds (the "Issuer")
shall have failed to provide. Due for payment means, with respect to principal, the stated
maturity date thereof, or the date on which the same shall have been duly called for
mandatory sinking fund redemption and does not refer to any earlier date on which the
payment of principal of the Bonds is due by reason of call for redemption (other than
mandatory sinking fund redemption), acceleration or other advancement of maturity, and
with respect to interest, the stated date for payment of such interest. Upon receipt of
telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by
registered or certified mail, from a Bondholder or the Paying Agent to Financial
Guaranty that the required payment of principal or interest has not been made by the
Issuer to the Paying Agent, Financial Guaranty on the due date of such payment or within
one business day after receipt of notice of such nonpayment, whichever is later, will
make a deposit of funds, in an account with State Street Bank and Trust Company, N.A.,
or its successor as its agent (the "Fiscal Agent"), sufficient to make the portion of such
payment not paid by the Issuer. Upon presentation to the Fiscal Agent of evidence
satisfactory to it of the Bondholder's right to receive such payment and any appropriate
instruments of assignment required to vest all of such Bondholder's right to such
payment in Financial Guaranty, the Fiscal Agent will disburse such amount to the
Bondholder. As used herein the term "Bondholder" means the person other than the
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Issuer or the borrower( s) of bond proceeds who at the time of nonpayment of a Bond is
entitled under the terms of such Bond to payment thereof.
The policy is non-cancellable for any reason.
FINANCIAL GUARANTY INSURANCE COMPANY
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue of this Bond, have been
existent, had, done and performed as required by law; that provision has been made for
the levy of a sufficient continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and interest of this Bond as the
same will respectively become due; that the faith, credit, revenues and resources and all
the real and personal property of the Issuer are irrevocably pledged for the prompt
payment hereof, both principal and interest; and the total indebtedness of the Issuer
including this Bond, does not exceed the constitutional or statutory limitations.
.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to
be signed by the manual signature of its Mayor and attested by the manual signature of its
City Clerk, with the seal of said City impressed hereon, and to be authenticated by the
manual signature of an authorized representative of the Registrar, Wells Fargo Bank
Iowa, National Association, Des Moines, Iowa.
Item 11, figure 1 = Date of authentication:
Item 12, figure 1 = This is one of the Bonds described in the within mentioned
Resolution, as registered by Wells Fargo Bank Iowa, National
Association.
WELLS FARGO BANK IOWA, NATIONAL
ASSOCIATION, Registrar
By:
Authorized Signature
Item 13, figure 1 = Registrar and Transfer Agent:
Wells Fargo Bank Iowa, National Association Paying Agent:
Wells Fargo Bank Iowa, National Association
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Corporate Trust Operations
MAC N9303-121
Sixth & Marquette Avenue
Minneapolis, MN 55479
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE, IOWA
By: (manual signature)
. Mayor
ATTEST:
By: (manual signature)
City Clerk
Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No. )
the within Bond and does hereby irrevocably constitute and appoint
attorney in fact to transfer the said Bond on the books kept for registration of the within
Bond, with full power of substitution in the premises.
Dated
(person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
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IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as written upon
the face of the certificate(s) or bond(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee must be provided in
accordance with the prevailing standards and procedures ofthe Registrar and
Transfer Agent. Such standards and procedures may require signature to be
guaranteed by certain eligible guarantor institutions that participate in a
recognized signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name ofTransferee(s)
Address ofTransferee(s)
Social Security or Tax
Identification Number of
Transferee( s)
Transferee is a(n):
Individual *
Partnership
Corporation
Trust
*Ifthe Bond is to be registered in the names of multiple individual owners, the names of
all such owners and one address and social security number must be provided.
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in
common
IA UNlF TRANS MIN ACT -
.... .... ... .Custodian............
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act...................
(State)
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ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE ABOVE LIST
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a
contract between said City and the purchaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and
covenants that no use will be made of the proceeds from the issuance and sale of the
Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage
bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of
the United States, as amended, and that throughout the term of the Bonds it will comply
with the requirements of statutes and regulations issued thereunder.
.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Bonds will be used in a manner that would cause the
Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Resolution. The Treasurer is hereby directed to make and insert all calculations
and determinations necessary to complete the Tax Exemption Certificate in all respects
and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to
certifY as to the reasonable expectations and covenants of the Issuer at that date.
Section 16. 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 17. Continuing Disclosure. The Issuer hereby covenants and agrees that
it will comply with and carry out all of the provisions ofthe Continuing Disclosure
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part of this Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Bonds or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific
performance by court order, to cause the Issuer to comply with its obligations under the
Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
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respect to, or to dispose of ownership of, any Bond (including persons holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of
any Bonds for federal income tax purposes.
Section 18. Additional Covenants. Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the purchasers and holders of the Bonds from
time to time outstanding that the Issuer through its officers, (a) will make such further
specific covenants, representations and assurances as may be necessary or advisable; (b)
comply with all representations, covenants and assurances contained in the Tax
Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the
contract between the Issuer and the owners of the Bonds; ( c) consult with bond counsel
(as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Bonds; (e) file such forms, statements and supporting documents as may be required
and in a timely manner; and (f) if deemed necessary or advisable by its officers, to
employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
Section 19. Amendment of Resolution to Maintain Tax Exemption. This
Resolution may be amended without the consent of any owner of the Bonds if, in the
opinion of bond counsel, such amendment is necessary to maintain tax exemption with
respect to the Bonds under applicable Federal law or regulations.
Section 20. Oualified Tax-Exempt Obligations. For the sole purpose of
qualifYing the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal
Revenue Code of the United States, the Issuer designates the Bonds as qualified
tax-exempt obligations and represents that the reasonably anticipated amount of tax-
exempt governmental and Code Section 501 (c)3 obligations which will be issued during
the current calendar year will not exceed Ten (10) Million Dollars.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances
and resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
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PASSED AND APPROVED this 6th day of November
2000.
~ ~. 'M~
~a or Pro-Tem -
ATTEST:
/1 !
~A44//~/~uJ
V-t:ity Clerk .
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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:
November 6
, 2000.
Time of Meeting:
6:30
o'clock P.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:
. $6,265,000 General Obligation Bonds, Series 2000C
· Approval of Tax Exemption Certificate.
· Approval of Continuing Disclosure Certificate.
· Resolution authorizing the issuance.
Such additional matters as are set forth on the additional 11 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.
>1
~--
, > Z/,c;v /: / ~ ;Z/" >
ity Clerk, Dubuque, Iowa
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23. County Board of Health
Communication of Mayor Terrance M. Duggan to the County Board of Supervisors
expressing the City's desire to have representation on the County Board of Health.
Suggested Disposition: Receive and File
24. 319 Area Code
City Manager submitting information on the change of the City of Dubuque's area
code.
Suggested Disposition: Receive and File
25. NLC Policy Informer
City Manager submitting the October edition of the Policy Informer from the National
League of Cities.
Suggested Disposition: Receive and File
26.
Business License Refunds
Beer and Liquor Combination License refund to the Old Shang and Class B Beer Permit
to Cedar Cross Amoco.
Suggested Disposition: Receive and File; Approve
27.
Business Licenses
RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to
Oky Doky #15 and Bunker Hill Snack Bar
RESOLUTION Granting issuance of Class "C" Beer Permit lOCO Speede Shoppe #93;
Bit 10 Mart; and Oky Doky #15
RESOLUTION Granting issuance of Class "c" Beer/Liquor Permit to The Tollbridge; Yen
Ching Restaurant; The Bridge Restaurant; and Aragon Tap
Suggested Disposition: Adopt Resolutions
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are
of concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments;
however, no formal or official action may be taken at this time on your comments because of
the notice requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Property Acquisition (Iowa Code g21.5(1 )(j)
Jeanne F. Schneider
November 2, 2000
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November 6
The City Council of Dubuque, Iowa, met in Regul ar
Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at
on the above date. There were present Mayor Pro- Tem John Markham
and the following named Council Members:
,2000
session, in the
o'clock .M.,
, in the chair,
Roy Buol, Patricia Cline, Ann Michalski,
Dan Nicholson, Joseph Robbins
Absent:
Mayor Terrance Duggan
* * * * * * *
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Council Member Rlln 1 moved that the form of Tax
Exemption Certificate be placed on file and approved. Council Member
Ni cho 1 son seconded the motion. The roll was called and the vote
was,
AYES: Buo 1 , Cline, Markham,Mi cha 1 ski,
Nicholson, Robbins
NAYS: None
Council Member B u 0 1 moved that the form of
Continuing Disclosure Certificate be placed on file and approved. Council Member
Ni cho 1 son seconded the motion. The roll was called and the vote
was,
AYES:
Buol, Cline, Markham, Michalski,
Nicholson, Robbins
NAYS:
None
Council Member Buo 1 introduced the following
Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2000C, AND
LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council
Member Ni cho 1 son seconded the motion to adopt, and the roll being
called thereon, the vote was as follows:
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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 respec~ 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 of the 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 ~JU1d and the s.ieaJ of said Municipality hereto affixed this
7/-1-- day of /c!!-v.~&A/ ,2000.
;/' .~~ / / 7)
/Y~~~/ %~/44c~~
~ty Clerk, Dubuque, Iowa
SEAL
DCORNELL\2541 06\1 \1 0422056
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MONDA Y, NOVEMBER 6, 2000
5:00 p.m. - DINNER - LIBRARY ROTUNDA
5:30 P.M. - SPECIAL MEETING - LIBRARY AUDITORIUM
Paperless Agenda Review
AGENDA
CITY COUNCIL MEETING
6:30 P.M.
INVOCATION
Reverend Matthew Harris, Pastor of The Bridge Christian Church
PROCLAMATIONS
Youth Appreciation Month (November, 2000)
CONSENT ITEMS (SEE PAGES 6- 1 1 )
The consent items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed
from the Consent Agenda for separate discussion and consideration.
BOARDS/COMMISSIONS
Appointment to the following Commission:
Historic Preservation Commission (Old Main District): Audrey Henson
1
SUSPEND THE RULES
PUBLIC HEARINGS
1. 2000 Sidewalk Assessment Project - Center Grove/Cedar Cross/Embassy West Dr.
(Public Hearing tabled from meeting of October 2, 2000)
City Manager providing additional information on the 2000 Sidewalk Assessment
Project and requesting Council direction.
Suggested Disposition: Receive and File; Council Direction
2. Voluntary Annexation - Riprow Valley Project
Proof of publication on notice of public hearing to consider rezoning property
located east of Julien Dubuque Drive and City Manager recommending approval of
a voluntary annexation request for the Riprow Valley Project.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located east of
Julien Dubuque Drive from County A-' Agricultural District to R-' Single Family
Residential Zoning District concurrent with annexation
RESOLUTION Annexing certain territory
Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution
3. Ingress/Egress Easement for Klauer Manufacturing Company
Proof of publication on notice of public hearing to consider the disposition of real
property to Klauer Manufacturing Company and City Manager recommending
approval of an ingress/egress easement.
RESOLUTION Disposing of interest in real property by granting an ingress/egress
easement to Klauer Manufacturing Company adjacent to the North End
Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
4. Tschiggfrie Commercial - Vacating of Utility Easements
Proof of publication on notice of public hearing to consider the vacating of utility
easements on Lots 4 and 5 of Block 2 of Tschiggfrie Commercial and City Manager
recommending approval.
RESOLUTION Disposing of interest and vacate utility easements over Lots 4 and 5
of Block 2 of Tschiggfrie Commercial in the City of Dubuque, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
2
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5.
Salina Street Reconstruction
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Salina Street Reconstruction Project and City
Manager recommending award of the project to Portzen Construction in the amount
of $458,069.80.
.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION A warding contract to Portzen Construction
RESOLUTION With respect to the adoption of the Resolution of Necessity proposed
for the Salina Street Reconstruction Project.
Suggested Disposition: Receive and File; Adopt Resolutions
6. Supervisory Control and Data Acquisition System - Water Department
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Supervisory Control and Data Acquisition
System Project and City Manager recommending award of the contract to Miller
Electric Supply, Inc. In the amount of $232,999.
.
RESOLUTION Adopting plans and specifications for project
RESOLUTION Awarding contract to Miller Electric Supply, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
7.
Eagle Point Water Plant - Chlorine Feed Room Expansion Project
Proofs of publication on notice of hearing on plans and specs and notice to bidders
on the receipt of bids for the Eagle Point Water Plant Chlorine Feed Room
Expansion Project and City Manager recommending award of the contract to
Portzen Construction in the amount of $115,649.
RESOLUTION Adopting plans and specifications for project
RESOLUTION Awarding contract to Portzen Construction
Suggested Disposition: Receive and File; Adopt Resolutions
8. Pennsylvania Pump Station - Water Department
Proofs of publication on notice of hearing on plans and specs and notice to bidders
on the receipt of bids for the Pennsylvania Pump Station Project and City Manager
recommending award of the contract to Portzen Construction for $326,111.
.
RESOLUTION Adopting plans and specifications for project
RESOLUTION Awarding contract to Portzen Construction
Suggested Disposition: Receive and File; Adopt Resolutions
3
REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
ACTION ITEMS
1 . 623 - 627 Arlington - Appeal of Historic Preservation Commission Decision
Historic Preservation Commission submitting information regarding the appeal of
the Commission's decision for property located at 623-627 Arlington.
Suggested Disposition: Receive and File; Council Direction
2. Oak Meadows II - Water Main Connection Fee
City Manager submitting response to Jim Stock's request regarding a $1,298
connection fee on his Oak Meadows II project.
Suggested Disposition: Receive and File; Council Direction
3. Barge Fleeting
City Manager submitting information on barge fleeting and requesting City Council
direction.
Walter Hartman, Dubuque County Conservation Society, in opposition to the
proposal to relocate barge fleeting to the southeast portion of Schmitt/City Island.
Suggested Disposition: Receive and File; Council Direction
4. Comprehensive Plan Update
Long Range Planning Commission providing a progress report on the 2000 update
of the Comprehensive Plan and the joint City/County planning process for fringe
area growth and development.
Suggested Disposition: Receive and File
5. Downtown Comprehensive Plan Process
City Manager transmitting the recommendations of the Long Range Planning
Advisory Commission regarding the Downtown Comprehensive Plan process.
Communication from the Board of Directors of the Dubuque Area Chamber of
Commerce regarding the Downtown Comprehensive Planning.
Suggested Disposition: Receive and File
6. Burbach Charitable Contribution
City Manager recommending that the City accept the offer of Carl J. and Mary Ann
Burbach to donate Lot 22 of Sunset Park Eighth Addition for park purposes.
Suggested Disposition: Receive and File; Approve
4
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7.
No Parking Zone - Hawthorne Street
City Manager recommending that the "No Parking" zone in front of the Eagle Point
Water Plant be modified.
Suggested Disposition: Receive and File; Council Direction
8. Amendment to the Ice Harbor Urban Renewal District
City Manager recommending approval of an amended Tax Increment Financing
District for the Ice Harbor Urban Renewal District.
ORDINANCE Amending Ordinance No. 66-89, and providing that general property
taxes levied and collected each year on all property located within the Ice Harbor
Urban Renewal District, as amended, of the City of Dubuque, County of Dubuque,
State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County
of Dubuque, Dubuque Community School District, and other taxing districts, be
paid to a special fund for payment of prinCipal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by
said City in connection with the Amended and Restated Urban Renewal Plan for the
Ice Harbor Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
9.
Owner-Occupied Affordable Housing Committee
City Manager submitting proposed process and participants for the Owner-Occupied
Affordable Housing Committee.
Suggested Disposition: Receive and File; Concur
1 o. Legislative Positions for 2001 Legislative Session
City Manager submitting the City's legislative positions for the 2001 Legislative
Session.
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
1. Fischer Cold Storage Warehouse Asbestos Abatement Project
City Manager submitting documents providing for the Fischer Cold Storage
Warehouse Asbestos Abatement Project and setting a public hearing for November
20, 2000.
RESOLUTION Preliminary approval of plans and specs for project
RESOLUTION Fixing date of hearing on plans and specs for November 20, 2000
RESOLUTION Ordering bids and directing Clerk to advertise
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/20/00
2. Crescent Ridge - Request to Vacate
City Manager recommending that a public hearing be set for November 20,2000 to
consider disposing ot real property.
David Clemens, representing Larry and Sharon McDermott, requesting that a portion
ot Crescent Ridge Road be vacated.
RESOLUTION Approving plat of survey ot proposed vacated portion of Crescent Ridge
Road right-ot-way
ORDINANCE Vacating a portion of Crescent Ridge Road right-of-way
RESOLUTION of Intent to dispose ot City interest in Lot F of Mineral Lots 232 and
291, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/20/00;
Motion B; Motion A
CONSENT ITEMS
1 . Minutes Submitted
Airport Commission of 10/23; Civil Service Commission of 10/3 and 10/19;
Downtown Planning Committee of 9/11; Environmental Stewardship Advisory
Commission of 10/3; Five Flags Commission of 10/16; Historic Preservation
Commission of 10/19; Housing Code Appeals Board of 8/15; Housing Commission of
10/10; Human Rights Commission of 10/11; Park and Recreation Commission of
10/10; Transit Board of 9/14
Proof of Publication of Council Proceedings for 10/2 and 10/4; Substance Abuse
Services Center Quarterly Report; Quarterly Investment Report; Carnegie Stout Library
Fiscal Year 2000 Annual Report
Suggested Disposition: Receive and File
6
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Printed Council Proceedings for September, 2000
Suggested Disposition: Receive and File; Approve as Printed
2.
Notice of Claims/Suits
Shirley Elliott in estimated amount of $227.00 for personal injuries; Marlin Jorgensen
in estimated amount of $20.00 for property damage; Linda Lucey in estimated amount
of $255.88 for vehicle damage; Phil Meyer in undetermined amount for property
damage; Dorothea Tschiggfrie in estimated amount of $977.72 for property damage
Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation
Corporation Counsel advising the following claims have been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Hillcrest
Association for property damage; Betty Loeffelholz for property damage; Mark Puccio
for reimbursement of medical expenses; Terryl Stewart for vehicle damage; Angela
Woolf for vehicle damage
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending settlement of the vehicle damage claim of Linda
Lucey in the amount of $255.88 and the property damage claim of Marlin Jorgensen in
the amount of $20.00 and that the Finance Director be directed to issue payment.
Suggested Disposition: Receive and File; Approve Settlements
3. Citizen Communications
A. Howard W. Klauer and John P. Klauer expressing their appreciation to Gil
Spence, Leisure Services Manager, for the removal of dead trees along the right-
of-way of Dexter Street.
B. Mr. and Mrs. Myron Cole regarding parking problems in the alley between
Nevada Street and Alpine Street.
Suggested Disposition: Receive and File; Refer to City Manager
4. Five Flags Center Arena Seat Replacement Project
City Manager recommending acceptance of the Five Flags Center Arena Seat
Replacement Project.
RESOLUTION Accepting Improvement for project
RESOLUTION Approving final estimate in amount of $166,155
Suggested Disposition: Receive and File; Adopt Resolutions
5. Section 8 Housing Vouchers
City Manager recommending approval of an application to the US Department of
Housing and Urban Development for additional Section 8 Program housing vouchers.
RESOLUTION Authorizing the Mayor to execute an application to the US Department
of Housing and Urban Development (HUD) for additional Section 8 Program Housing
Vouchers; and to execute a standard Amended Annual Contributions Contract for the
additional funds
Suggested Disposition: Receive and File; Adopt Resolution
6. Application for Local Housing Assistance Program (LHAP) Funds
City Manager recommending approval of an application to the Iowa Department of
Economic Development for Local Housing Assistance Program funds for a pilot
program promoting low-income homeownership.
RESOLUTION Authorizing an application to the Iowa Department of Economic
Development for Local Housing Assistance Program Funds
Suggested Disposition: Receive and File; Adopt Resolution
7. Acceptance of Deeds from Plastic Center, Inc.
Corporation Counsel recommending acceptance of the Warranty Deed and Correction
Warranty Deed from Plastic Center, Inc.
RESOLUTION Accepting the deeds to certain real estate in Dubuque County, Iowa
from Plastic Center, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
8. Hazard Mitigation Planning Grant Contracts
City Manager recommending approval of two Hazard Mitigation Planning Grant
contracts with Iowa Emergency Management Division and East Central
Intergovernmental Association.
Suggested Disposition: Receive and File; Approve
9. Department of Housing and Urban Development
A. Communication advising that the City's application to the Lead-Based Paint
Hazard Control Grant Program was not approved.
B. Communication advising that no objections to the City's Fiscal Year 2000
Community Development Block Grant Program had been received.
C. Communication advising that their review of the City's Community Development
Block Grant Program for 1 999 was satisfactory.
Suggested Disposition: Receive and File
8.
.~~;;;:.;":';'~"'''~~~~~~'~~~"'':-';'''~1;;:~~:'.Tff=-'T:''~;~ili~~~''~...z~~~..;.::.:;,,;;... . ..::;~.i;':':.'':::;~~~;';;~=;;;;;;;~:\;.S.
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10. Iowa Department of Natural Resources
The Iowa Department of Natural Resources submitting the Industrial Pretreatment
Compliance Inspection report for the Water Pollution Control Plant.
Suggested Disposition: Receive and File
11 . Notice of Expiration of Right of Redemption
County Treasurer advising of the Notice of Expiration of Right of Redemption for
property described as Lot 1 of Lot 1 of the Subdivision of Mineral Lot 251 A and part
of Mineral Lot 250; and Lot 1 of Lot 1 of Mineral Lot 501 in the City of Dubuque.
Suggested Disposition: Receive and File
12. Dubuque Area Labor-Management Council
Dubuque Area Labor-Management Council requesting a letter of support for their grant
application from the U.S. Department of Labor to conduct a Workforce Development
Community Audit in the Dubuque area.
Suggested Disposition: Receive and File: Approve Letter of Support
.
13. Supplement #47 - Code of Ordinances
City Manager recommending adoption of Supplement #47 to the Code of Ordinances
of the City of Dubuque.
RESOLUTION Adopting Supplement #47 to the Code of Ordinances
Suggested Disposition: Receive and File: Adopt Resolution
14. Disposition of Buettell Brothers Building at 821-845 Central Avenue
Historic Preservation Commission requesting that the City Council work with the
Dubuque County Board of SuperVisors to preserve the Buettell Brothers Building at
821-845 Central Avenue if the Law Enforcement Center is expanded to this area.
Suggested Disposition: Receive and File
15. Iowa League of Cities
Communication from the Iowa League of Cities requesting that the City Manager serve
on the League Policy Committee.
Suggested Disposition: Receive and File: Approve
16. Water Service - Lock and Dam No. 11
City Manager recommending approval of a Contract Agreement with the Army Corp of
. Engineers to provide water service to Lock and Dam No. 11.
Suggested Disposition: Receive and File; Approve Agreement
1 7. Enrich Iowa Grant
Tom Moran, Library Director. advising that the Library has once again qualified for an
Enrich Iowa Grant and requesting that this additional revenue amount be included in
the next budget amendment.
Suggested Disposition: Receive and File
18. Vacation/Purchase of Allison Place
City Manager advising that Finley Hospital has exercised their option to purchase
Allison Place and that process is now complete.
Suggested Disposition: Receive and File
1 9. Civil Service Commission
Civil Service Commission certifying the eligibility list for Parking Meter Checker,
Laborer, and Lead Mechanic.
Suggested Disposition: Receive and File; Make a Matter of Record
20. Diamond Jo/Bird Sign - Appeal of the Fourth Street Peninsula Permit Moratorium
City Manager recommending approval of the issuance of sign permits for the Diamond
Jo on the Fourth Street Peninsula.
Suggested Disposition: Receive and File; Approve
21 . Dubuque County Historical Society - Appeal of the Fourth Street Peninsula Permit
Moratorium
City Manager recommending approval of the issuance of a sign permit for the
Mississippi River Discovery Center on the Fourth Street Peninsula.
Suggested Disposition: Receive and File; Approve
22. Issuance of $6,265,000 General Obligation Bonds
City Manager recommending the issuance of $6,265,000 General Obligation Bonds,
Series 2000e.
RESOLUTION Appointing Wells Fargo Bank Iowa, National Association of Des Moines,
Iowa, to Serve as Paying Agent, Bond Registrar, and Transfer Agent, Approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the
Execution of the Agreement
RESOLUTION Authorizing and Providing for the Issuance of $6,265,000 General
Obligation Bonds, Series 2000C, and Levying a Tax to Pay Said Bonds
Suggested Disposition: Receive and File Communication; Adopt Resolutions
10
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