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6 18 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 18, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated with exception to Consent Items #'s 25 -40 (Purchase of Services Agreements). Seconded by Resnick. Lynch requested ( #'s 25 -40) Purchase of Service Agreements be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/24, Cable TV Commission of 5/2, City Council Proceedings of 6/4, Civil Service Commission of 6/5, Library Board of Trustees of 4/26, Library Board of Trustees Update of 5/18, Sister City Relationships Advisory Commission of 5/16, Zoning Advisory Com- mission of 6/4, Proof of Publication for City Council Proceedings of 5/21. Upon motion the documents were received and filed. Notice of Claims and Suits: Easy Street, LLC for property damage, Tschiggfrie Exca- vating Company for materials and labor, Larry Vize for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Easy Street, LLC for property damage, Larry Vize for property damage. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Natural Resources and Sustainable Practices Specialist, Public Safety Dispatcher, and Truck Driver. Upon motion the documents were received, filed and made a Matter of Record. June 5, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Natural Resources and Sustainable Practices Specialist was administered on May 1, 2012. We hereby certify that the individuals listed below have passed this written exam- ination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Natural Resources and Sustainable Practices Specialist James Uthe Michael Beach Jesse Kremer David Lindecker Bill Meyer Jeff Leibold Jeff Ahlers Renee Buck Julie Beck Cheryl Carney Brian MacLeod Nathan Furlong Joshua Freiburger Brad Mormann Tracy Meise Jessica Beck Jenny Ammon Justin Licht Respectfully submitted, Daniel White Betty Takes Civil Service Commission Chairperson March 15, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Public Safety Dispatcher was administered on April 24, 2012. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Public Safety Dispatcher Jessica Gamble Lisa LuGrain Kristin Frost Respectfully submitted, Daniel White Betty Takes Civil Service Commission Chairperson June 5, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Truck Driver was administered on May 8, 2012. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Truck Driver Klint Banfield Andrew Martin 2 Timothy Neuhaus Rick Roeder Jesse Begle Larry Hoppman Larry Havner Justin Licht Andrew Breiner Terry Dunkel Brian O'Dell Paul Skinner Peter Otterbeck John Greenwood Mark Stowers Dave Hanson Adam Kruser David Healey Shannon Clark Ty Kleiner John Kirk Brian Kelly Michael Conner Matthew Herman Jeff Leibold Respectfully submitted, Daniel White Betty Takes Civil Service Commission Chairperson Park and Recreation Commission - Priorities Recommendations: Park and Recrea- tion Commission submitting recommendations on projects it feels should be priorities for park facilities and areas in preparation for the upcoming City Council goal setting ses- sion. Upon motion the documents were received and filed. Dubuque County / Iowa State University (ISU) Extension - Grant Agreement: City Manager recommending approval of a grant agreement with Dubuque County ISU Ex- tension to conduct recreation programs for Fiscal Year 2013 as part of the Neighbor- hood Recreation Program. Upon motion the documents were received, filed, and ap- proved. Four Mounds Foundation - Grant Agreement: City Manager recommending approval of a grant agreement with Four Mounds Foundation for Fiscal Year 2013 to provide the Day Camp Program as part of the summer Neighborhood Recreation Program. Upon motion the documents were received, filed and approved. Northeast Iowa School of Music - Grant Agreement: City Manager recommending approval of a grant agreement with Northeast Iowa School of Music for Fiscal Year 2013 to provide music lessons for a minimum of nine children as part of the Neighbor- hood Recreation Program. Upon motion the documents were received, filed, and ap- proved. Hacienda Land Corporation - Storm Sewer Easement Acceptance: City Manager recommending acceptance of a storm sewer easement from Hacienda Land Corpora- tion for a storm sewer extension across Lot 1 Blosch Property east of Matthew John Drive. Upon motion the documents were received and filed and Resolution No. 153 -12 Accepting the grant of an easement for storm sewer under and across Lot 1 Blosch Property in the City of Dubuque, Dubuque County, Iowa, was adopted. 3 RESOLUTION NO. 153 -12 ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER UNDER AND ACROSS LOT 1 BLOSCH PROPERTY IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Hacienda Land Corporation has executed a Grant of Easement for Storm Sewer through, under and across Lot 1 Blosch Property in the City of Dubuque, Dubu- que County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for Storm Sewer through, under and across Lot 1 Blosch Property in the City of Dubuque, Dubuque County, Iowa, from Hac- ienda Land Corporation, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Timber -Hyrst Estates #2 - Acceptance of Public Improvements: City Manager rec- ommending acceptance of the public improvements that the developer, North Cascade Road Developers, LLC, has completed in Timber -Hyrst Estates #2. Upon motion the documents were received and filed and Resolution No. 154 -12 Accepting improvements in Timber -Hyrst Estates #2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 154 -12 ACCEPTING IMPROVEMENTS IN TIMBER -HYRST ESTATES #2 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 90 -08, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the developer of Timber -Hyrst Estates #2 in the City of Dubuque, Iowa.; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Timber -Hyrst Estates #2 in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the developer, North Cascade Road Developers, LLC, for a period of two (2) years from this date. Passed, approved and adopted this 18th day of June, 2012. Attest: Kevin S. Firnstahl, City Clerk 4 Roy D. Buol, Mayor Brunskill Road Bridge - Acceptance of Warranty Deeds: City Manager recommending approval of the acceptance of the warranty deeds for the right -of -way purchases for the Brunskill Road Bridge. Upon motion the documents were received and filed and Resolu- tion No. 155 -12 Accepting a conveyance of property (Plaza 20) and Resolution No. 156- 12 Accepting a conveyance of property (Neumeister) were adopted. RESOLUTION NO. 155 -12 ACCEPTING A CONVEYANCE OF PROPERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Plaza 20, Inc. pursuant to which Plaza 20, Inc. agreed to convey Lot A of Lot 1 of Gemini Place and Lot A of Lot 1 of Lot 2 of Gemini Place, and Lot A of Plaza 20 No. 3 all in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat recorded as File No. 2012 -6729 in the Office of the Dubuque County Recorder; and Whereas, Plaza 20, Inc. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Warranty Deed from Plaza 20, Inc., copies of which are at- tached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 156 -12 ACCEPTING A CONVEYANCE OF PROPERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Mary Lynn Neumeister pursuant to which Mary Lynn Neumeister agreed to convey Lot A of Lot 2 of Lot 1 of Mineral Lot 224, Lot A of Lot 1 of Lot 2 of Metcalfs Subdivision, and Lot A of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, all in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat recorded as File No. 2012- 3866 in the Office of the Dubuque County Recorder; and Whereas, Mary Lynn Neumeister has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Warranty Deed from Mary Lynn Neumeister, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Environmental Protection Agency (EPA): Upon motion the documents were received and filed. Communication from the U.S. Environmental Protection Agency (EPA) inform- ing the City that the EPA has received and has approved the City's Collection System Management, Operation and Maintenance (CMOM) Program as required under the terms of the Consent Decree. 5 Holliday Third Addition - Acceptance of Public Improvements: City Manager recom- mending acceptance of the public improvements that the developer, QHQ Properties, has completed in Holliday Third Addition. Upon motion the documents were received and filed and Resolution No. 157 -12 Accepting improvements in Holliday Third Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 157 -12 ACCEPTING IMPROVEMENTS IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 248 -04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the developer of Holliday Third Addition in the City of Dubuque, Iowa.; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Holliday Third Addition in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractors and developer for a period of two (2) years from this date. Section 3. That storm sewer detention is provided through a service agreement with the City of Dubuque. The Storm Water Facilities Fee Agreement was filed this 8th day of June, 2004, as Instrument No. 10046 -04 in the records of the Dubuque County Record- er's Office. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Healthy Homes and Lead Hazard Control Grant Quarterly Report: Correspondence from the U.S. Department of Housing and Urban Development (HUD) Office of Healthy Homes and Lead Hazard Control informing the City that its program has received an overall rating of 100 out of 100 for the periods of January 1 through March 31, 2012 and a "Green" Designation for the projects for the second quarter of Fiscal Year 2012. Upon motion the documents were received and filed. Iowa Economic Development Authority: Correspondence from the Iowa Economic Development Authority (IEDA) informing the City that Funding Agreement #006 -CEBA- 037 (Kunkel Bounds) has been paid in full and the forgivable loan forgiven. Upon motion the documents were received and filed. PEG Capital Expenditure Request: City Manager recommending approval of the Ca- ble TV Commission's recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of 6 $44,000 to upgrade the educational access facility, including a new on -air playback server and graphics bulletin board server, in The Forum, 2300 Chaney Road. Upon mo- tion the documents were received, filed, and approved. Terminal Street Pumping Station - Emergency Piping Repairs: City Manager recom- mending approval of a resolution authorizing emergency repairs to the storm and sani- tary sewer infrastructure at the Terminal Street Pumping Station. Upon motion the doc- uments were received and filed and Resolution No. 158 -12 Authorizing repairs to the storm and sanitary sewer infrastructure (piping and gates) at the Terminal Street Pump- ing Station was adopted. RESOLUTION NO. 158 -12 AUTHORIZING EMERGENCY REPAIRS TO THE STORM AND SANITARY SEWER INFRASTRUCTURE (PIPING AND GATES) AT THE TERMINAL STREET PUMPING STATION Whereas, the storm and sanitary sewer infrastructure (piping and gates) at the Ter- minal Street pumping station have failed; and Whereas, Iowa Code §384.103 provides that when emergency repair of a public im- provement is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, be resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a competent registered professional engineer or architect, not in the regular employ of the city, certifying that emergency repairs are necessary, and that in that event the gov- erning body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, the City Council finds that the emergency repair of the storm and sanitary sewer infrastructure at the Terminal Street pumping station is necessary for public safe- ty and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer registered in the State of Iowa, not in the regular employ of the City, certifying that emergency repairs to the storm and sanitary sewer infrastructure are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceed- ings to repair the storm and sanitary sewer infrastructure at the Terminal Street Lift Sta- tion. Section 2. The City Manager is hereby authorized to proceed with instituting such emergency repairs as provided by law. Passed, adopted and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Request for Proposal - Financial Advisory Services: City Manager requesting authori- zation to release a Request for Proposals for financial advisory services for five years beginning 2012. Upon motion the documents were received, filed, and approved. Request to Deed Portions of Vacated Bellevue Street and Union Avenue: Corre- spondence from Attorney David Clemens requesting that the City deed the southern 7 half of vacated Bellevue Street and a part of vacated Union Avenue to their client Van - delay Property Management, LLC to correct an inconsistency in the Plat. Upon motion the documents were received, filed and referred to the City Manager. Specific and Aggregate Stop -Loss Renewal - Health and Prescription Drug Insurance Plans: City Manager recommending approval of the renewal rate of $664,405 submitted by HM Life for Specific and Aggregate Stop -Loss Renewal for the City's Health and Prescription Drug Insurance Plan. Upon motion the documents were received, filed, and approved. Project HOPE Contract Renewal: City Manager approval of a contract for services with the Community Foundation of Greater Dubuque for services relating to Project H.O.P.E. (Helping Our People Excel) for services through June 30, 2013. Upon motion the documents were received, filed, and approved. U. S. Post Office Lease: City Manager recommending approval of a five -year lease extension with the U. S. Post Office and approval of the modification of the lease to pro- vide for a 90 -day Notice of Termination clause for space in the Historic Federal Building. Upon motion the documents were received, filed, and approved. Dubuque Community School District: Correspondence from the Dubuque Community School District inviting representatives from the City Council and City staff to meet with representatives from the School Board and District administration to discuss the possi- ble creation of a new, stand -alone aquatic center. Upon motion the documents were re- ceived, filed and referred to the City Manager. General Obligation Bond Series 2012C and 2012D - Complete Action on Issuance: City Manager recommending approval of the suggested proceedings to complete the action required on the recent General Obligation Bond issuance Series 2012C and 2012D. Upon motion the documents were received and filed and Resolution No. 159 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, 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 No. 160 -12 Authorizing and providing for the issuance of $6,965,000 Taxable General Obligation Bonds, Series 2012C, and levying a tax to pay said bonds; Resolution No. 161 -12 Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and au- thorizing the execution of the agreement; and Resolution No. 162 -12 Authorizing and providing for the issuance of $7,175,000 General Obligation Bonds, Series 2012D, and levying a tax to pay said bonds were adopted. RESOLUTION NO. 159 -12 APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP- OLIS, MINNESOTA, 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 8 Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $6,965,000 Taxable General Obligation Bonds, Series 2012C, dated the date of delivery, 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, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and 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, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE City of Dubuque, STATE OF 10- WA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in con- nection with the issuance of $6,965,000 Taxable General Obligation Bonds, Series 2012C, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Min- neapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 160 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,965,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012C, 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 of Iowa; and Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of reconstruction, extension and improvement of the Dubuque Regional Airport, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds 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 pro- ceedings for the issuance of said Bonds to the amount of not to exceed $8,650,000, and the Council is therefore now authorized to proceed with the issuance of General Obliga- tion Bonds for such purposes; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, un- dertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District ( "DICW ") and the Greater Down- town Urban Renewal District, including those costs associated with grading, road con- struction, bridge, utilities extensions and development of a recreation area on the South Siegert Farm area of DICW and the funding of development incentives in the Washing- ton Neighborhood Subarea of the Greater Downtown Urban Renewal District, and it is deemed necessary and advisable that the City issue general obligation urban renewal 9 bonds for said purpose to the amount of not to exceed $5,575,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, pursuant to Section 384.28 of the City Code of Iowa, it has previously been determined that the various general obligation bonds authorized as hereinabove de- scribed shall be combined for the purpose of issuance in a single issue of Taxable Gen- eral Obligation Bonds, Series 2012C, in the principal amount of $6,965,000 as hereinaf- ter 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 RESOLVED 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 Partici- pant or such person's subrogee. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $6,965,000 Taxable General Obligation Bonds, Series 2012C, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC 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 of the 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. • "DTC" shall mean The Depository Trust Company, New York, New York, a lim- ited 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 institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such suc- cessor 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 prin- cipal of and interest on the Bonds as the same shall become due. 10 • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. • "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, 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 on file with DTC. • "Resolution" shall mean this resolution authorizing the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall suc- ceed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. 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 princi- pal 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: r AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $186,690 2012/2013 $471,828 i 2013/2014 $506,428 2014/2015 $505,228 ; 2015/2016 $503,928 2016/2017 $502,528 i 2017/2018 $501,028 i 2018/2019 $504,428 1 2019/2020 $507,458 i$499,408 2020/2021 2021/2022 $490,658 i$486,033 1$490,383 $493,728 I_ $496,023 ,$492,223 2022/2023 2023/2024 2024/2025 2025/2026 $492,668 $492,155 $485,655 $488,330 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 2030/2031 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and as- 11 sess 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 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 col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "TAXABLE GENERAL OBLIGATION BOND FUND 2012C" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the prin- cipal 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 prop- erty that is centrally assessed by the State of Iowa. 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 ex- pended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the 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 in- consistent 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 of Iowa, 2011, 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 in- sured from time to time by FDIC or its equivalent successor in any one financial institu- tion shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim 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. Taxable General Obligation Bonds of the City in the amount of $6,965,000, shall be issued pursuant to the provisions of Sections 403.12, 384.24(3)(q) and 384.26(5) of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "TAXABLE general obligation bond, SERIES 2012C ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2012, 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 pro- 12 vided 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: Principal Amount Interest Maturity Rate June 1st $270,000 2.000% 12014 $310,000 2.000% 2015 $315,000 2.000% 2016 r$320,000j 2.000% _ 2017 L$325,0001 2.000% 1_ 2018 L$330,000 2.000% _ 2019 $340,000 2.050% ';- -2020 $350,000 2.300% - -- -2021 $350,000 2.500% 2022 1$350,0001 2.750% j - - 2023 $355,0001 3.000% 1 2024 $370,0001 3.150% t- 2025 $385,000j 3.300% t 2026 $400,000] 3.450 % 2027 $410,0001 3.550% 2028 1$425,0001 3.650% 1 2029 $440,000 3.750% I ____ 2030 11-$450,000 3.850% i 2031 L$470,000' 3.900% ' -- 2032 (b)Redemption. Bonds maturing after June 1, 2019 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 ma- turity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice 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 of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer deter- mines to permit the exchange of Depository Bonds for Bonds in the Authorized De- nominations, 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 Deposi- tory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay - 13 ment 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 pursu- ant 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 Pay- ing Agent shall have any responsibility or obligation with respect to (i) the accuracy of the 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 of DTC 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 mat- ters 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 Bond holder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, 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 of DTC 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, if such substitution is authorized by law, the Issuer shall (A) designate a satis- factory 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) To the extent authorized by law, if the Issuer determines to provide for the ex- change 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 Bene- ficial Owners are designated as the transferee by the owners, the Bonds will be de- livered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Pay- ing Agent. Any such substitute depository shall be a qualified and registered "clearing 14 agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Deposi- tory Bonds, (ii) registration and transfer of interests in Depository Bonds by book en- tries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Association is hereby ap- pointed as Bond Registrar under the terms of this Resolution and under the provi- sions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the regis- tration 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 Ar- ticle 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, sub- ject 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 Registra- tion 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 em- ployer 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 dis- closed 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 princi- pal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (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 dis- charge 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 15 forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing pay- ment 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 Is- suer 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 ben- efit 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 Resolu- tion 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 ad- ditional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. 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 substitu- tion 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 Regis- trar evidence satisfactory to the Registrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regula- tions 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 there- of 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 obli- gations 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 Reg- istrar, 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. 16 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 authen- tication and delivery of the Bonds to or upon the order of the Purchaser upon pay- ment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, 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 writ- ten notice to each registered bondholder. 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 [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provi- sions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certifi- cate, and the provisions of the Continuing Disclosure Certificate are hereby incorpo- rated 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 Certifi- cate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of own- ership 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 17. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby re- pealed. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 161 -12 APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP- OLIS, MINNESOTA, 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, $7,175,000 General Obligation Bonds, Series 2012D, dated the date of delivery, have been sold at 17 negotiated sale and action should now be taken to provide for the maintenance of rec- ords, 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, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and 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, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE City of Dubuque, IOWA: Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in con- nection with the issuance of $7,175,000 General Obligation Bonds, Series 2012D, dated the date of delivery. Section 2. That the Agreement with Wells Fargo Bank, National Association of Min- neapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 162 -12 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,175,000 GENERAL OBLIGATION BONDS, SERIES 2012D, 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 of Iowa; and Whereas, the City of Dubuque, Iowa (the "City ") is in need of funds to pay costs of E911 Tower relocation; equipping the municipal fire department; rehabilitation and im- provement of existing City parks; FEMA land buyouts for the acquisition and demolition of abandoned, dilapidated or dangerous buildings, structures or properties, and the re- mediation of property and buildings damaged by a disaster under Iowa Code Section 29C.2 which are located in an area declared a disaster emergency by the President of the United States; acquisition, construction, extension and improvement of works and facilities useful for the collection, treatment and disposal of sewage and industrial waste and for the collection and disposal of surface water and streams; acquisition, construc- tion, improvement, repair and equipping of the municipal water utility and real and per- sonal property useful for providing potable water, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $8,650,000 as authorized by Section 384.25 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council ac- tion made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best inter- ests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, un- 18 dertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District (DICW) and the Greater Down- town Urban Renewal District, including those costs associated with grading, road con- struction, bridge, utilities extensions and development of a recreation area on the South Siegert Farm area of DICW, and it is deemed necessary and advisable that the City is- sue general obligation urban renewal bonds for said purpose to the amount of not to ex- ceed $5,575,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Io- wa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of the reconstruction, repair and improvement of Fire Station #4, the Civic Center and the Grand River Conference Center, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $700,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the resi- dents thereof; and Whereas, the City also is in need of funds to pay costs of the acquisition and installa- tion of security cameras in the Locust Ramp, and Library repairs and improvements, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $475,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the resi- dents thereof; and Whereas, the City also is in need of funds to pay costs of City Hall repairs and im- provements, including brick tuck - pointing, general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purposes to the amount of not to exceed $600,000 as authorized by Section 384.26 of the Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.26 this Council 19 has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the resi- dents thereof; and Whereas, pursuant to Section 384.28 of the City Code of Iowa, it has previously been determined that the various general obligation bonds authorized as hereinabove de- scribed shall be combined for the purpose of issuance in a single issue of General Obli- gation Bonds, Series 2012D, in the principal amount of $7,175,000 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 RESOLVED 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 Partici- pant or such person's subrogee. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $7,175,000 General Obligation Bonds, Series 2012D, au- thorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC 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 of the 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. • "DTC" shall mean The Depository Trust Company, New York, New York, a lim- ited 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 institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such suc- cessor 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 prin- cipal 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. 20 • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Minnesota, 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 on file with DTC. • "Resolution" shall mean this resolution authorizing the Bonds. • "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 Finance Director or such other officer as shall suc- ceed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. 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 Dubu- que, Iowa, to -wit: AMOUNT* FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $193,342 2012/2013 $679,019 2013/2014 $674,619 2014/2015 $675,119 2015/2016 $685,569 1 2016/2017 - - - - - $685,269 l - - - - -- - - 2017/2018 - - - - - _$484,519 ----- - - - - -- 2018/2019 _---- - - - - -- $479,319 - ��_�� 2019/2020 ��_�� $478,969 2020/2021 $483,319 2021/2022 $457,219 2022/2023 $466,569 2023/2024 _ 1 $455,319 - -__- 2024/2025 - - -__ $464,069 2025/2026 $452,219 2026/2027 $310,369 2027/2028 $307,088 i 2028/2029 $308,650 2029/2030 - - $309,550 2030/2031 --------------- - - - - -- --------------------------------------- $310,125 2031/2032 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2012 will be collected during the fiscal year commencing July 1, 2013.) (b) Resolution to be Filed with County Auditor. A certified copy of this Resolution 21 should be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and as- sess 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 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 col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2012D" (the "Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and in- terest on the Bonds hereinafter authorized to be issued; and also there shall be appor- tioned to said fund its proportion of taxes received by the City from property that is cen- trally assessed by the State of Iowa. 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 ex- pended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the 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 in- consistent 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 of Iowa, 2011, 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 in- sured from time to time by FDIC or its equivalent successor in any one financial institu- tion shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim 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 $7,175,000, shall be issued pursuant to the provisions of Sections 384.28 and 403.12 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "general ob- ligation bond, SERIES 2012D ", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2012, 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 22 the seal of the City and shall be fully registered as to both principal and interest as pro- vided 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: ;Principal; Interest Maturity Amount Rate June 1st $470,000 2.000% 2014 $475,000 2.000% 2015 2016 $485,000 3.000% T -$510,000 ; 3.000% f 2017 11525,0061 3.000% 2018 r1340,0061 i 3.000% 2019 11345,0001 3.000% 2020 - - �$355, 000 1 3.000 /o 2021 - - 0 1$370,0001 3.000% 2022 $355,0001 3.000% 2023 $375,0001 3.000% 2024 r- $375,000--------- - - - - -f 1 3.000% ■ � 2025 1$395,000, 3.000% _ 2026 $395,000 3.000% : 2027 1--- - - - - -- $265,000 3.125% I 2028 $270,000 3.125% 2029 $280,000 3.250% 2030 L$290,000 3.250% L 2031 $300,000 3.375% 2032 (b) Redemption. Bonds maturing after June 1, 2019 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 ma- turity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice 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 of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer deter- mines to permit the exchange of Depository Bonds for Bonds in the Authorized De- nominations, 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 Deposi- 23 tory Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Pay- ment 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 pursu- ant 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 Pay- ing Agent shall have any responsibility or obligation with respect to (i) the accuracy of the 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 of DTC 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 mat- ters 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 Bond holder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, 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 of DTC 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, if such substitution is authorized by law, the Issuer shall (A) designate a satis- factory 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) To the extent authorized by law, if the Issuer determines to provide for the ex- change 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 Bene- ficial Owners are designated as the transferee by the owners, the Bonds will be de- livered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Pay- 24 ing Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Deposi- tory Bonds, (ii) registration and transfer of interests in Depository Bonds by book en- tries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Association is hereby ap- pointed as Bond Registrar under the terms of this Resolution and under the provi- sions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the regis- tration 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 Ar- ticle 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, sub- ject 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 Registra- tion 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 em- ployer 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 dis- closed 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 princi- pal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (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 dis- charge 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 25 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 pay- ment 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 Is- suer 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 ben- efit 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 Resolu- tion 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 ad- ditional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. 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 substitu- tion 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 Regis- trar evidence satisfactory to the Registrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regula- tions 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 there- of or to their designated agent as the same appear on the books of the Registrar on the 15h day of the month preceding the payment date. All such payments shall fully dis- charge the obligations of the Issuer in respect of such Bonds to the extent of the pay- ments 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 Reg- istrar, 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 26 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 authen- tication and delivery of the Bonds to or upon the order of the Purchaser upon pay- ment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, 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 writ- ten notice to each registered bondholder. 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 [provided]. 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 is- sued 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 Unit- ed 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 calcula- tions and determinations necessary to complete the Tax Exemption Certificate in all re- spects 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 provi- sions 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 of the Continuing Disclosure Certifi- cate, and the provisions of the Continuing Disclosure Certificate are hereby incorpo- rated 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 Certifi- cate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of own- 27 ership 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 Ex- emption Certificate, which Tax Exemption Certificate shall constitute a part of the con- tract 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 re- quired 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 as- sist 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. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby re- pealed. Passed and approved this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Service Agreement - America's River Corporation: City Manager rec- ommending execution of a purchase of service agreement with America's River Corpo- ration. Purchase of Service Agreement - Dubuque Convention & Visitors Bureau: City Man- ager recommending execution of a purchase of service agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau. Purchase of Service Agreement - Dubuque Area Labor Management Council: City Manager recommending execution of a purchase of service agreement with the Dubu- que Area Labor - Management Council to provide funding for improvement and expan- sion of labor- management cooperation in the public and private sector in the Dubuque area. Purchase of Service Agreement - Dubuque Main Street: City Manager recommend- ing execution of a purchase of service agreement with Dubuque Main Street to provide funding for the agency to continue to implement a downtown revitalization program and to help fund a part time development position to help manage the economic develop- ment and design assistance function of the Historic Millwork District. Purchase of Service Agreement - Greater Dubuque Development Corporation: City Manager recommending execution of a purchase of service agreement with the Greater Dubuque Development Corporation for support of their economic development services. Purchase of Service Agreement - Helping Services of Northeast Iowa, Inc.: City Manager recommending execution of a purchase of service agreement with Helping Services of Northeast Iowa, Inc. to help provide substance abuse prevention services to 28 the residents of Dubuque. Purchase of Service Agreement - Hills and Dales Senior Programs: City Manager recommending approval of a purchase of service agreement with Hills and Dales for operating costs for the Lifetime Center to provide educational, recreational and social programs to senior citizens at 3505 Stoneman Road. Purchase of Service Agreement - Opening Doors: City Manager recommending exe- cution of purchase of service agreement with Opening Doors to help provide emergency and transitional housing and services for women and children at Teresa Shelter and Maria House. Purchase of Service Agreement- Opening Doors for Emergency and Transitional Housing: City Manager recommending approval of a purchase of service agreement with Opening Doors for operational costs for Teresa Shelter, an emergency shelter for 28 women and children, and Maria House, a transitional facility that houses up to 18 women and children. Operation: New View Community Action Agency - Purchase of Service Agreement: City Manager recommending execution of a Purchase of Service Agreement with Oper- ation: New View to provide funding for the agency to continue to provide services to help low income and elderly citizens achieve self - efficiency. Purchase of Service Agreement - Project Concern, Inc. Foster Grandparent Program: City Manager recommending execution of a purchase of service agreement with Project Concern, Inc. for support of their Foster Grandparent Program, which recruits elderly and limited- income persons as volunteers to assist in the education /personal program plan and leisure /recreational activity of children with exceptional or special needs. Purchase of Service Agreement- Project Concern for Information and Referral: City Manager recommending approval of a purchase of service agreement with Project Con- cern, Inc. to help provide financial counseling and medical services information and re- ferral services to low- and moderate - income residents of the City of Dubuque. Purchase of Service Agreement - Proudly Accessible Dubuque: City Manager rec- ommending execution of a purchase of service agreement with Proudly Accessible Dubuque to help make the executive director position a paid position. Purchase of Service Agreement - Retired Senior Volunteer Program: City Manager recommending execution of a purchase of service agreement with RSVP to assist in funding the operation of a program that places retired persons or persons over 55 years of age and older as volunteer help in nonprofit and public and private agencies. Purchase of Service Agreement - St. Mark Community Center: City Manager recom- mending execution of purchase of service agreement with St. Mark Community Center to provide educational services related to the Kids Connection program serving students in grades K -5. Purchase of Service Agreement - Washington Neighborhood Tool Library: City Man- ager recommending approval of a purchase of service agreement with the Washington Tool Library to provide lending free tools and equipment for low and moderate income persons. Motion by Lynch to receive and filed the documents and table the agreements to July 16, 2012. Seconded by Resnick. Council Member Lynch raised questions about what he believed are differences, inconsistencies or the absence of financial reporting re- quired among the individual agencies' agreements. Council discussion included asking staff to adjust language to include a provision for more detail related to regular board updates and financial reporting for all Purchase of Service agreements. Motion carried 6 -1 with Buol voting nay. 29 Improvement Contracts /Performance, Payment and Maintenance Bonds: McDermott Excavating for the Dubuque Millwork District Temporary Parking Lot Project. Upon mo- tion the documents were received and filed. Signed Contracts: A) IIW Engineers & Surveyors, Inc. for professional services for Phase II of the City -wide Fire Hydrant Painting Program, B) IIW Engineers & Surveyors, Inc. for engineering and inspection services at the Bunker Pumping Facility, C) Rental Services, Inc. for obtaining criminal background checks on prospective tenants. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders - The Lift Bar: City Manager recommending approval of the Acknowledgment /Settlement Agreement for an alcohol compliance violation for The Lift Bar, 180 Main Street. Upon motion the docu- ments were received, filed, and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - West Dubuque Tap: City Manager recommending approval of the Acknowledgment /Settlement Agreement for an alcohol compliance violation for the West Dubuque Tap, 1701 Asbury Road. Up- on motion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 163 -12 Approving applica- tions for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; Resolution No. 164 -12 Approving applica- tions for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 163 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. American Legion Post #6 Creslanes Bowling 1306 Delhi St. Class C Liquor (Catering Privilege) (Sunday) 255 South Main St. Class C Liquor (Sunday) 30 Los Aztecas III Mexican Rest. 2345 NW Arterial Mason Dixon Saloon Murph's South End Tap Off Minor (Transfer Premise) Dubuque Bowling Lanes Five Flags Center 163 Main St. 55 Locust St. 920 Main St. to 1689 Elm St. 1029 1/2 Main St. 405 Main St. Class C Liquor (Outdoor Service) (Sunday) Class C Liquor (Sunday) Class C Liquor Class C Liquor Class C Liquor (Sunday) Class C Liquor (Catering Privilege) (Sunday) Passed, approved and adopted this 2nd day of April, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 164 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE /TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette /Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit. Hammerheads Bar and Billiards Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Dubuque Mining Co. Oky Doky #8 Mystique Casino Lucky 13 Oky Doky #2 The Riviera Lounge LTD. Diamond Jo Casino Awn Stop Mart Inc 2095 Kerper Blvd. 2390 Central Ave 2150 Twin Valley Dr. 4039 Pennsylvania 4110 Dodge St 2255 Kerper Blvd. 2320 HWY 61 2335 University Ave 555 JFK Rd. 535 Hill St. 1855 Greyhound Park Dr. 385 East 13th St. 51 West 32nd St 678 Central Ave 301 Bell St. 1998 Jackson St Passed, approved and adopted this 18th day of June, 2012. Attest: Kevin S. Firnstahl, City Clerk 31 Roy Buol, Mayor ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. North End Trail Lighting Project Initiation: City Manager recommending initiation of the bidding process for the North End Trail Lighting Project, and that a public hearing be set for July 2, 2012. Upon motion the documents were received and filed and Resolu- tion No. 165 -12 Preliminary approval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (North End Trail Lighting Pro- ject) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 2, 2012 in the Historic Federal Building. RESOLUTION NO. 165 -12 NORTH END TRAIL LIGHTING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the North End Trail Lighting Project, in the estimated amount $145,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 2nd day of July, 2012, at 6:30 p.m. in the Council Chambers, second floor of the Historic Federal Building, 350 West 6t Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The North End Trail Lighting Project, is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty -five days before the date for filing bids before 4:00 p.m. on the 5th day of July, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16th day of July, 2012, in Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of June, 2012. Attest: Kevin S. Firnstahl, City Clerk 32 Roy D. Buol, Mayor Holliday Third Addition - Vacate of Sanitary Sewer: City Manager recommending ap- proval of a request from James Kaune of IIW, P.C. to vacate a sanitary sewer easement in the Holliday Third Addition for the cost of publication and filing fees and that a public hearing be set for July 2, 2012. Upon motion the documents were received and filed and Resolution No. 166 -12 Resolution of intent to dispose of City interest and vacate sanitary sewer easement over Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 2, 2012 in the Historic Federal Building. RESOLUTION NO. 166 -12 INTENT TO DISPOSE OF CITY INTEREST AND VACATE SANITARY SEWER EASEMENT OVER LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, WBBW Holliday Development, LLC is the current owner of Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Iowa; and Whereas, a sanitary sewer easement is currently platted on said Lots; and Whereas, existing sewer has been relocated currently serving said Lots; and Whereas, James Kaune, representing WBBW Holliday Development, LLC, has peti- tioned to vacate the easement over and across said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a sanitary sewer easement over Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the plats recorded as file numbers 10979 -04 and 10877 -04. Section 2. That the City has accepted the improvements in Holliday Third Addition by Resolution No. 157 -12 on the 18th day of June, 2012. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Holliday Third Addition - Vacate of Storm Sewer: City Manager recommending ap- proval of a request from Nick Lange of Buesing & Associates to vacate and relocate a storm sewer easement in Holliday Third Addition for the cost of publication and filing fees and that a public hearing be set for July 2, 2012. Upon motion the documents were received and filed and Resolution No. 167 -12 Resolution of intent to dispose of City in- terest and vacate a storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 2, 2012 in the Historic Federal Building. RESOLUTION NO. 167 -12 INTENT TO DISPOSE OF CITY INTEREST AND VACATE A STORM SEWER EASE- MENT OVER LOT 1 HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Gomer Holliday Development, LLC is the current owner of Lot 1 Holliday 33 Third Addition in the City of Dubuque, Iowa; and Whereas, an existing storm sewer easement is currently platted on said Lot 1; and Whereas, relocation of said storm sewer is proposed by said owner; and Whereas, Nick Lange, representing Gomer Holliday Development, LLC, has peti- tioned to vacate the existing storm sewer easement over and across said Lot 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubu- que County, Iowa, as shown on the Plat of Easement prepared by Buesing & Associ- ates dated May 24, 2012. Section 2. That the owner has agreed to relocate the existing storm sewer line at their own expense. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Arts and Cultural Affairs Advisory Commission: Three 3 -year terms through June 30, 2015 (Expired terms of Henkels, Steffen and Shafer) (specialized positions). Applicants: Ellen Henkels, 890 W. 3rd Street; John Keith King, 489 W. 4th Street; Julie Steffen, 2260 Coates Street; Vince Williams, 3965 Creston Street. Upon roll -call vote (5 -2, Buol and Resnick voting for Henkels), Julie Steffen was appointed to the at -large position through June 30, 2015. Upon roll -call vote of 7 -0, Ellen Henkels was appointed to the business /professional representative living /working outside the Cultural District, and John Keith King was appointed to the business /professional representative liv- ing /working inside the Cultural District for 3 -year terms through June 30, 2015. Civic Center Advisory Commission: One 3 -year term through June 29, 2015 (Expired term of Parks). Applicant: Bryce Parks, 2005 N. Main Street. Motion by Connors to ap- point Bryce Parks to a 3 -year term through June 29, 2015. Seconded by Jones. Motion carried 7 -0. Historic Preservation Commission: Two 3 -year terms through July 1, 2015 (Expired At -Large terms of Bichell and Olson). Applicants: Mary Loney Bichell, 595 W. 11th Street; Christine Happ Olson, 1090 Grove Terrace (Additional Applicant). Motion by Braig to appoint Mary Loney Bichell and Christine Happ Olson to 3 -year terms through July 1, 2015. Seconded by Jones. Motion carried 7 -0. Investment Oversight Advisory Commission: Two 3 year terms through July 1, 2015 (Expired terms of Chalmers and Simonson). Applicants: Brad Chalmers, 1095 W. 3rd Street; John Keith King, 489 W. 4th Street; Ashlie Simonson, 44 S. Algona Street (Ms. Simonson withdrew her application due to moving out of state). Motion by Jones to ap- pointed Brad Chalmers and John Keith King to 3 -year terms through July 1, 2015. Se- conded by Connors. Motion carried 7 -0. Library Board of Trustees: Two 4 -year terms through July 1, 2016 (Expired terms of Connors and Anderson - Bricker). Applicants: John Anderson - Bricker, 903 Merz Street; Paula Connors, 818 S. Grandview Avenue; John Pregler, 1525 Pego Court. Upon 34 Council concurrence, Mayor Buol appointed John Anderson - Bricker, and Paula Connors to 4 -year terms through July 1, 2016. Long Range Planning Advisory Commission: Two 3 -year terms through July 1, 2015 (Expired terms of Darter and Pregler). Applicants: Chad Darter, 2544 Matthew John Drive; John Pregler, 1525 Pego Court. Motion by Braig to appoint Chad Darter and John Pregler to 3 -year terms through July 1, 2015. Seconded by Jones. Motion carried 7 -0. Park and Recreation Commission: One 3 -year term through June 30, 2015 (Expired term of Blocker). Applicant: Robert Blocker, 880 Kane Street. Motion by Jones to ap- point Robert Blocker to a 3 -year term through June 30, 2015. Seconded by Resnick. Motion carried 7 -0. Transit Advisory Board: One 3 -year term through July 30, 2015 (Expired term of Es- ser). Applicant: Matthew Esser, 90 Main Street. Motion by Connors to appoint Matthew Esser to a 3 -year term through July 30, 2015. Seconded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Request to Amend Planned Unit Development - Asbury Plaza (Tabled from April 16, 2012): Proof of publication on notice of public hearing to consider a request by O'Con- nor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regula- tions and the Zoning Advisory Commission recommending approval. City Manager recommending additional amendments to the Asbury Plaza Planned Unit Development. Correspondence from O'Connor & Thomas on behalf of the developers requesting that the request to amend the Planned Unit Development for Asbury Plaza be tabled to September 4, 2012. Motion by Connors to remove from the table. Seconded by Jones. Motion carried 7 -0. Motion by Braig to table to September 4, 2012. Seconded by Connors. Motion carried 7- 0. Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone -16th Street and Kerper Boulevard: Proof of publication on notice of public hearing to consider rezoning property located at the southwest corner of 16th Street and Kerper Boulevard from POS Public Open Space District to C -3 General Commercial District as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the docu- ments and adopt the [resolution]. Seconded by Braig. Planning Services Laura Carstens provided a staff report. Motion carried 7 -0. (The public hearing was conducted. This item required passage by ordinance and not resolution and will come back before the Council on July 16, 2012). Upon motion the rules were reinstated limiting discussion to the City Council. 35 ACTION ITEMS Greater Dubuque Development Corporation: President and CEO for Greater Dubu- que Development Corporation Rick Dickinson provided a progress report on the agen- cy's activities highlighting its relationship with the City, reporting procedures, the promo- tion of the Greater Dubuque area, the impact of Mayor Buol's national and international exposure, telephony, regional strength and the achievement of NEXT program goals. Motion by Lynch to receive and file the information. Seconded by Jones. Resnick com- mented on the positive exposure enjoyed by the City of Dubuque due to Mayor Buol's time commitment to promoting the community. Motion carried 7 -0. Preliminary Plat - North Ridge Estates: Zoning Advisory Commission recommending approval of the preliminary plat of North Ridge Estates as requested by We Develop- ment LLC / MSA Professional Services, Inc. subject to waiving the maximum collector street grade requirement. Motion by Connors to receive and file the documents and ap- prove the recommendation. Seconded by Jones. Motion carried 7 -0. Final Plat - Peterson Addition: Zoning Advisory Commission recommending approval of the Final Plat of Peterson Addition subject to waiving the lot frontage requirement for Lot 2. Motion by Jones to receive and file the documents and adopt Resolution No. 168- 12 Approving the Final Plat of Peterson Addition in the County of Dubuque, Iowa. Se- conded by Braig. Motion carried 7 -0. RESOLUTION NO. 168 -12 RESOLUTION APPROVING THE FINAL PLAT OF PETERSON ADDITION IN THE COUNTY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk the Final Plat of Peterson Addition in the County of Dubuque, Iowa; and Whereas, said Final Plat provides 24.17 feet of frontage for Lot 2 on a public street or an approved private street, where 50 feet is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat is located within a Primary Growth Area as defined by the City of Dubuque Fringe Area Development Policy, and also within the Southwest Arteri- al Moratorium Area; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 24.17 feet of frontage on a public street or an approved private street for Lot 2. Section 2. That approval of the Final Plat of Peterson Addition is contingent upon ex- ecution of a pre- annexation agreement for the subject property in accordance with the City of Dubuque Fringe Area Development Policy, unless said agreement is waived by the City Council. Section 3. That the Final Plat of Peterson Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of 36 Dubuque, Iowa upon said final plat. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk Peterson Addition - Pre - Annexation Agreement: City Manager recommending ap- proval of a Pre - Annexation Agreement with David and Joyce Peterson, in conjunction with their request for approval of a final plat at 12647 North Cascade Road. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7 -0. One -Way to Two -Way Conversion of 9h, 10h, 11 h, Elm and Pine Streets: City Man- ager recommending approval of the conversion of 9th, 10th, 11th, Elm and Pine Streets from one -way to two -way traffic. Motion by Jones to table to July 16, 2012. Seconded by Connors. Motion carried 7 -0. Southwest Arterial Corridor and East -West Corridor - Moratorium Amendments: City Manager recommending Council approval of four ordinances which extend the morato- riums for construction and other work, rezoning, subdivision review and site plan ap- proval in the Southwest Arterial Corridor and the East -West Corridor Study Area for an additional twelve months. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 36 -12 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and moving, Section 14 -2 -4 Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities by extending the moratorium; Ordinance No. 37 -12 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures, Section 16 -9 -5 -3 City Council action by extending the moratorium; Or- dinance No. 38 -12 Amending City of Dubuque Code of Ordinances Title 16 Unified De- velopment Code, Chapter 11 Land Subdivision, Section 16 -11 -2 Applicability by extend- ing the moratorium; and Ordinance No. 39 -12 Amending City of Dubuque Code of Ordi- nances Title 16 Unified Development Code, Chapter 13 Site Design Standards, Section 16 -13 -2 Applicability by extending the moratorium for such site plans. Seconded by Jones. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 36 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14 -2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES BY EXTENDING THE MORATORIU M Section 1. City of Dubuque Code of Ordinances Section 14 -2 -4 is amended to read as follows: Sec. 14 -2 -4: Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities: 37 A. Southwest Arterial Corridor: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the southwest arterial corridor but not to include demolition, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2013, except where a vested right to the issuance of such permit accrued prior to the effect date hereof. B. East -West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the office of the city clerk, but not to include demotion or emergency repairs, with- out the approval of the city council, from the effective date hereof to August 20, 2013, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 37 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA- TIONS AND PROCEDURES, SECTION 16 -9 -5 -3 CITY COUNCIL ACTION BY EX- TENDING THE MORATORIUM Section 1. City of Dubuque Code of Ordinances Section 16 -9 -5 -3 is amended to read as follows: Sec. 16- 9 -5 -3: City Council Action: D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2013, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 38 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16 -11 -2 AP- PLICABILITY BY EXTENDING THE MORATORIUM Section 1. City of Dubuque Code of Ordinances Section 16 -11 -2 is amended to read as follows: 38 Sec. 16 -11 -2: Applicability: C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the southwest arterial corridor into two (2) or more lots, and any preliminary plat within the southwest arterial corridor must be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the southwest arterial corridor, as delineated on drawings on file in the city clerk's office, may be approved by the city council, from the effective date hereof to July 1, 2013, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 39 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16 -13 -2 APPLICABILITY BY EXTENDING THE MORATORIUM FOR SUCH SITE PLANS Section 1. City of Dubuque Code of Ordinances Section 16 -13 -2 is amended to read as follows: Sec. 16 -13 -2: Applicability: E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner may not issue conditional or final approval for any site plan filed for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the ef- fective date hereof to July 1, 2013, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers: City Manager recommending approval for an ordinance establishing a moratorium on the issuance of licenses for junk and secondhand dealers and pawnbro- kers. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo- tion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 40 -12 Amend- ing City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 6 Junk and Secondhand Dealers and Pawnbrokers By adopting a new Section 4 -6 -10 Establishing a Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers. Seconded by Lynch. Motion carried 7 -0. 39 OFFICIAL PUBLICATION ORDINANCE NO. 40 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 6 JUNK AND SECONDHAND DEALERS AND PAWNBROKERS BY ADOPTING A NEW SECTION 4 -6 -10 ESTABLISHING A MOR- ATORIUM ON THE ISSUANCE OF LICENSES FOR JUNK AND SECONDHAND DEALERS AND PAWNBROKERS Whereas, the City of Dubuque Code of Ordinances establishes the process for li- censing junk and secondhand dealers and pawnbrokers; and, Whereas, the City Council desires to study whether the licensing process needs to be updated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 6 of the City of Dubuque Code of Ordinances is amended by adopting the following new section: Sec. 4 -6 -10: Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers: The City Clerk may not issue a license for any new junk and secondhand dealer or pawnbroker within the city of Dubuque for a period of six (6) months from the date of this Ordinance except where a vested right to the issuance of such permit accrued prior to the effective date of this Ordinance. Any person, firm, or corporation aggrieved or adversely affected by the building offi- cial's refusal to issue a permit pursuant to this moratorium may appeal therefrom to the city council. The city council may direct the City Clerk to issue a license where the city council finds that the refusal to issue a license would deprive the owner of the property of a vested right. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk Arts and Cultural Affairs Advisory Commission - Fiscal Year 2013 Special Projects Funding: Arts and Cultural Affairs Advisory Commission recommending approval of the six Fiscal Year 2013 Arts and Culture Grants for Special Projects and authorize the City Manager to sign the grant agreements. Motion by Braig to receive and file the docu- ments and approve the recommendation. Seconded by Jones. Motion carried 7 -0. Civic Center Commission: City Manager recommending approval of an ordinance changing the meeting frequency of the Five Flags Commission meetings from monthly to quarterly. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 41 -12 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 4 Civic Center Advisory Commission, Section 2 -4 -12 Meetings by amending 40 the mandatory monthly meeting requirement to a quarterly meeting requirement. Se- conded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 41 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 4 CIVIC CENTER ADVISORY COMMISSION, SECTION 2 -4-12 MEETINGS BY AMENDING THE MANDATORY MONTHLY MEETING RE- QUIREMENT TO A QUARTERLY MEETING REQUIREMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2 -4 -12 of the City of Dubuque Code of Ordinances is amended to read as follows: 2 -4 -12: MEETINGS: A. Meetings: The commission shall meet not less than quarterly. B. Special Meetings: Special meetings may be called by the chairperson or at the re- quest of three (3) members of the commission. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of June, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk The Jule Transit - Purchase, Installation and Deployment of ITS Equipment: City Manager recommending approval for the City of Dubuque to enter into a contract with Mentor Engineering for the purchase and installation of Intelligent Technology Systems (ITS) equipment on The Jule's transit fleet. Motion by Braig to receive and file the doc- uments and approve the recommendation. Seconded by Connors. Transit Manager Barbara Morck and Candace Eudaley of ECIA provided a brief slide presentation about the functionality of the ITS equipment. Motion carried 7 -0. COUNCIL MEMBER REPORTS Jones concurred with Council Member Resnick's earlier comments on Mayor Buol's level of commitment to the promotion of Dubuque and the positive impact his increased national and international travel invitations are having on the community. Mayor Buol noted that it is owed to the City Council's collective help. There being no further business, upon motion the City Council adjourned at 7:55 p.m. /s /Kevin S. Firnstahl City Clerk 41