11 19 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on November 19, 2012
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Jones
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the
common good.
PRESENTATION(S)
City of Townsville, Queensland, Australia: Mayor Jenny Hill and Integrated Sustaina-
bility Services Executive Manager Greg Bruce presented the City Council with a plaque
of the Seal of Townsville, and Mayor Buol presented Ms. Hill and Mr. Bruce with a copy
of Dr. Abdul Sinno's book Scenic Treasures of the Midwest.
1000 Friends of Iowa - 2012 Best Development Awards: Planning Services Laura
Carstens presented the 2012 Best Development Awards from the 1000 Friends of Iowa
for the Historic Millwork District Complete Streets Project (New Civic Project) and
Riverworks Development (Mixed Use Project).
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated with exception to item #7. Seconded by Braig. Attorney Art Gilloon
requested ( #7) Partial Release of Mortgage - Davis be removed from the agenda. Mo-
tion carried 6 -0.
Minutes and Reports Submitted: City Council proceedings of 11/5, Civic Center Advi-
sory Commission of 7/23, Investment Oversight Advisory Commission of 10/24, Safe
Community Advisory Committee of 9/12, Zoning Advisory Commission of 11/7, Zoning
Board of Adjustment of 10/25, Proof of Publication for City Council proceedings of
10/15. Upon motion the documents were received and filed.
Notice of Claims and Suits: Lyle Christopherson for vehicle damage. Upon motion the
documents were received, filed and referred to the City Attorney.
Preferred Health Choices - Administrative Services Amendment V: City Manager
recommending approval to increase the monthly administrative services fee; to approve
Amendment V of the Administrative Services Agreement with Health Choices to provide
COBRA administration, payment collection and distribution of the certificates of credible
coverage services; and authorize the City Manager to sign the amendment. Upon mo-
tion the documents were received, filed and approved.
Total Administrative Services Corporation (TASC) - Approval of Renewal Rates: City
Manager recommending approval of the administrative services fee of Total Administra-
tive Services Corporation (TASC), the City's flexible spending plan administrator, effec-
tive January 1, 2013, through December 31, 2015. Upon motion the documents were
received, filed and approved.
2012 Weed, Junk, and Garbage Assessments: City Manager is recommending the
levy of special assessments for the Weed /Junk/Garbage Enforcement Programs for the
period from March 2012 to October 30, 2012. Upon motion the documents were re-
ceived and filed and Resolution No.310 -12 Adopting the Schedule of Assessments for
2012 and directing the City Clerk to certify the Schedule of Assessments to the County
Treasurer and to publish notice thereof was adopted.
RESOLUTION NO. 310 -12
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2012 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY
TREASURER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for
weed /grass cutting and junk /garbage removal tax assessments which Schedule of As-
sessments was filed in the office of the City Clerk on the 15th of November, 2012 the
said Schedule of Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a lien upon the real property,
the respective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once
each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the
first publication of which shall be not more than fifteen days from the date of filing of the
final schedule. On or before the date of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to property owners whose property is subject
to assessment, as provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the Utility Billing Of-
fice, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the
date of the first publication of the notice of the filing of the Schedule of Assessments
with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun-
ty Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io-
wa, and charges shall be collected in the same manner as general property taxes
against the respective parcels of the property set opposite the name of the property
2
owner.
Passed, approved and adopted this 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Schedule of Assessments
2012 Weed, Junk, and Garbage Assessments
Property Address, Owner, Parcel #, Expense, Admin. Fee, Infraction:
2721 Elm St, Travis Kaiser & Kendra Chapman, 1013182023, $130.00, $25.00, Gar-
bage /Junk
2721 Elm St, Travis Kaiser & Kendra Chapman, 1013182023, $140.00, $25.00, Gar-
bage /Junk
2539 Jackson, Fern Wall Trust 1304 South Sheffield Court Carol Stream IL 60188,
1013334012, $145.00, $25.00, Garbage
2040 Avalon, Robert & Mindy Swift, 1022333008, $120.00, $25.00, Garbage /Junk
1005 Victoria, Andrea Berman Admiral Blvd #221 Kansas City MO 64106 -1582,
1036157013, $70.00, $25.00, Weeds /grass
2711 Jackson, National Advantage Mortgage PO Box 919000 Des Moines IA 50309,
1013309009, $32.00, $25.00, Weeds /grass
Vacant Lot 800 Block Air Hill, Louis George Mihalakis 1212 Miller Rd. Dubuque IA
52003, 1025130011, $42.00, $25.00, Weeds /grass
995 Clark Dr., Gretta Wallace, 1023209016, $400.00, $25.00, Weeds /grass /brush
1335 Glen Oak, Oliver & Patricia Kringle, 1023482011, $32.00, $25.00, Weeds /grass
Lost at corner of N Grandview & Kaufmann, Steve Haggerty 250 State St Dubuque
IA 52003, 1014376020 and 1014376021, $70.00, $25.00, Weeds /grass
1523 Adair, Travis Nelson & Corrine Hinderman 1725 Delhi Dubuque IA 52001,
1023459008, $32.00, $25.00, Weeds /grass
1070 Melrose Terrace, Dena Kurt, 1025155004, $52.00, $25.00, Weeds /grass /hedge
and tree trim
2984 Jackson, The Ruth F Wolfer Revocable Trust 4629 Cass St Suite 72 San Diego
CA 92109, 1013154002, $27.00, $25.00, Weeds /grass
24 Lindberg Terrace, Robert Curth, 1013428011, $32.00, $24.00, Weeds /grass
995 Clarke Dr, Gretta Wallace, 1023209016, $165.00, $25.00, Weeds /grass
2170 Deborah Dr, Jason & Jody McCarty, 1022182004, $47.00, $25.00,
Junk /garbage /yard waste
1997 Ellen, Jere & Tammy Gardner, 1021331016, $225.00, $25.00, Weeds /grass
Lot next to 2877 N Grandview, North Grandview Estates LLC 13912 Whistaewind LN
Dubuque IA 52002, 1014155035, $52.50, $25.00, Weeds
N Grandview & W 32nd, North Grandview Estates LLC 13912 Whistaewind LN
Dubuque IA 52002, 1014155001, $836.06, $25.00, Weeds /junk
N Grandview & W 32nd, North Grandview Estates LLC 13912 Whistaewind LN
Dubuque IA 52002, 1014155001, $90.00, $25.00, Weeds
1203 Rhomberg Ave, Rob Coker, 11187310023, $70.00, $25.00,
Weeds /garbage /junk
995 Clarke Dr, Gretta Wallace, 1023209016, $45.00, $25.00, Weeds
2431 Jackson, James Curiel C/O Richard Curiel Jr., 1013379025, $155.00, $25.00,
Weeds
3
Fiscal Year 2012 Annual Financial Report: City Manager recommending approval of
the City of Dubuque's Fiscal Year 2012 Annual Financial Report. Upon motion the doc-
uments were received, filed and approved.
Partial Release of Mortgage — Davis: City Manager recommending approval of a par-
tial release of a mortgage executed by Bryce S. Davis and Cynthia J. Davis to the City
of Dubuque Housing and Community Development Department. Upon motion this item
was removed from the agenda.
Federal Emergency Management Agency (FEMA) - Technical Appeal: City Manager
recommending approval of the City of Dubuque's technical appeal of FEMA's revised
floodplain maps. Upon motion the documents were received, filed and approved.
Iowa Department of Transportation Grant Agreement - Mines of Spain Trail and
Trailhead: City Manager recommending approval of an agreement with the Iowa De-
partment of Transportation for a State Recreational Trails grant for development of the
Mines of Spain Trail and Trailhead Project. Upon motion the documents were received
and filed and Resolution No. 311 -12 Authorizing State Recreational Trails Grant
Agreement with Iowa Department of Transportation for development of the Mines of
Spain Trail and Trailhead was adopted.
RESOLUTION NO. 311 -12
AUTHORIZING STATE RECREATIONAL TRAILS GRANT AGREEMENT WITH IOWA
DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT OF THE MINES OF
SPAIN TRAIL AND TRAILHEAD
Whereas, the Iowa Department of Transportation has awarded grant funds from the
State Recreational Trails Program for the development of the Mines of Spain Trail and
Trailhead; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which in-
cludes objectives for enhanced accessibility for parks, trails, and open space, protection
of scenic and cultural resources, and development of additional recreational trails.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the grant agreement with the Iowa
Department of Transportation for a State Recreational Trails grant for the Mines of
Spain Trail and Trailhead project.
Section 2. That the City Council hereby provides its written assurance that the com-
pleted project will be adequately maintained for its intended use in accordance with
state requirements.
Passed, approved and adopted this 19th day of November 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey - McNamer Acres #4: Zoning Advisory Commission recommending
approval of the Plat of Survey for McNamer Acres #4 (1600 Block of Old Mill Road) sub-
ject to waiving the lot frontage requirement for Lot 1. Upon motion the documents were
received and filed and Resolution No. 312 -12 Approving the Plat of Survey of McNamer
Acres #4 in the City of Dubuque, Iowa, was adopted.
4
RESOLUTION NO. 312 -12
APPROVING THE PLAT OF SURVEY OF MCNAMER ACRES #4 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of McNamer Acres
#4 in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or ap-
proved private street, where street frontage is required by Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis-
sion and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statues and ordinances relating thereto.
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 0 feet of frontage on a public street or an
approved private street for Lot 1.
Section 2. That the Plat of Survey of NcNamer Acres #4 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 19th day of November 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Port of Dubuque Watermain Extension Project - Canadian Pacific Railroad Agree-
ment: City Manager recommending approval of a Utility Crossing Permit with the Cana-
dian Pacific Railroad to allow for the construction of the Port of Dubuque Watermain Ex-
tension Project. Upon motion the documents were received, filed and approved.
PEG Capital Expenditure Request: City Manager recommending approval of the Ca-
ble TV Commission's request for up to $15,000 from the Public, Educational, and Gov-
ernment (PEG) Capital Grant for Access Equipment and Facilities to purchase produc-
tion equipment, including a camera, tripod, lights, accessories, editing computer, and
software for Sageville School. Upon motion the documents were received, filed and ap-
proved.
Workers' Compensation Compromise Settlement Agreements: City Attorney recom-
mending approval of three Compromise Settlement Agreements regarding the Randall
Koster Workers' Compensation claims that were filed against the City of Dubuque. Upon
motion the documents were received, filed and approved.
Multi - Family Rental Unit New Production - Round 5: City Manager recommending
approval for City Staff, along with ECIA, to work with area developers for submittal of
CDBG Multi - Family Rental Unit Production - Round 5 applications, and to narrow the
field to the most competitive applications. Upon motion the documents were received,
filed and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Giese
Manufacturing for the Historic White Water Creek Bridge Restoration Project Phase 5 -
5
Fencing; Tschiggfrie Excavating, Inc. for the Port of Dubuque Watermain Extension Pro-
ject. Upon 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.313 -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; and Resolution No. 314 -12 Approving ap-
plications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A
were adopted.
RESOLUTION NO. 313 -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.
Renewals
The Bridge Restaurant
Hotel Julien Dubuque
Iowa Street Market Inc.
Kwik Stop Food Mart
Aragon Tap Inc.
Grand Harbor Resort &
Water Park
New
Ichiban Hibachi Steak-
house & Sushi Bar
31 Locust St.
200 Main St.
1256 Iowa St.
2320 Hwy 61
1103 Iowa St.
350 Bell St.
3187 University Ave.
Class C Liquor (Sunday)
Class B Liquor (Hotel /Motel) (Sunday) (Out-
door)
Class E Liquor, Class C Beer, Class B Wine
(Carryout Wine and Beer) (Sunday)
Class C Beer, Class B Native Wine (Sunday)
Class C Liquor (Sunday)
Class B Liquor (Hotel /Motel) (Catering) (Out-
door) (Sunday)
Special Class C Liquor, Class B Native Wine
(Beer/Wine) (Sunday)
Passed, approved and adopted this 19th day of November, 2012
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 314 -12
APPROVING APPLICATIONS FORRETAIL CIGARETTE /TOBACCO SALES PER-
MITS, AS REQUIRED BY IOWA CODE 453A.47A.
6
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: Party Time
Gift Creations, LLC, 1101 Main St., Dubuque, IA. 52001
Passed, approved and adopted this 19t day of November, 2012.
Roy Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 6 -0.
Code of Ordinances - Residential Parking Permit District Amendment: City Manager
recommending that a public hearing be set for December 3, 2012 to consider a Resi-
dential Parking Permit District Amendment on Marjorie Circle from Pennsylvania Ave-
nue to Amy Court , Amy Court from Marjorie Circle to northern terminus, and Lucy Drive
from Pennsylvania Avenue to Welu Drive. Upon motion the documents were received,
filed and a public hearing was set for a meeting to commence at 6:30 p.m. on Decem-
ber 3, 2012 in the Historic Federal Building.
BOARDS /COMMISSIONS
Appointments were made to the following Boards and Commissions:
Civic Center Advisory Commission: One 3 -year term through June 29, 2013 (Vacant
term of Fields). Applicants: McKenzie R. Hill, 394 1/2 Bluff St. #2; and Jeff Lenhart, 1711
Clarke Dr. Upon roll call vote of 6 -0, McKenzie Hill was appointed to the Civic Center
Advisory Commission for a 3 -year term through June 29, 2013.
Environmental Stewardship Advisory Commission: One 3 -year term through October
1, 2015 (Expired term of Walter). Applicants: David Koch, 1950 Admiral St.; and Gina
Makris, 166 Bluff St. Upon roll call vote of 5 -1 (Sutton voting for Makris), David Koch
was appointed to the Environmental Stewardship Advisory Commission for a 3 -year
term through October 1, 2015.
Human Rights Commission: One 3 -year term through January 1, 2015 (Vacant term
of Krey). Applicant: Jeff Lenhart, 1711 Clarke Dr. Motion by Braig to appoint Jeff Len -
hart to the Human Rights Commission for a 3 -year term through January 1, 2015. Se-
conded by Lynch. Motion carried 6 -0.
Investment Oversight Advisory Commission: One 3 -year term through July 1, 2015
(Vacant term of King). Applicant: Rick Runde, 1034 Barbaralee Dr. Motion by Lynch to
appoint Rick Runde to the Investment Oversight Advisory Commission for a 3 -year term
through July 1, 2015. Seconded by Connors. Motion carried 6 -0.
7
Mediacom Charitable Foundation: One 1 -year term through December 31, 2013 (Ex-
pired terms of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. Motion by Braig
to appoint Gail Chavenelle to the Mediacom Charitable Foundation for a 1 -year term
through December 31, 2013. Seconded by Lynch. Motion carried 6 -0.
Mississippi River Partnership Council: One 3 -year term through December 31, 2015.
Applicant: Edward Cawley, 598 Needham St. Motion by Lynch to appoint Edward Caw-
ley to the Mississippi River Partnership Council for a 3 -year term through December 31,
2015. Seconded by Resnick. Motion carried 6 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Brunskill Road Bridge Reconstruction Project: Proof of publication on notice of public
hearing to consider the plans, specifications, estimated cost, and form of contract for the
Brunskill Road Bridge Reconstruction Project and the City Manager recommending ap-
proval. Motion by Lynch to receive and file the documents and adopt Resolution No.
315 -12 Approval of plans, specifications, form of contract, and estimated cost for the
Brunskill Road ridge Reconstruction Project, Iowa DOT NO. BROS -2100 (659)-- 8J -31.
Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 315 -12
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE BRUNSKILL ROAD BRIDGE RECONSTRUCTION PROJECT,
IOWA DOT PROJECT NO. BROS -2100 (659) -8J -31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS -2100 (659) -
-8J-3, in the estimated amount $1,173,309.52, are hereby approved.
Passed, adopted and approved this 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, CMC City Clerk
Hillcrest Family Services - Request to Vacate Storm Sewer Easement: Proof of publi-
cation on notice of public hearing to consider a request by Hillcrest Family Services to
vacate a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 316 -12 Release of storm sewer easements over and across a
portion of Lot 1 Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County,
Iowa; and Resolution No. 317 -12 Disposing of City interest in storm sewer easements
on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa.
Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 316 -12
RELEASE OF STORM SEWER EASEMENTS OVER AND ACROSS A PORTION OF
LOT 1 PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
8
Whereas, storm sewer easements were established over and across Lot 2 -1 Peter-
son Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision in the City of Dubuque,
Iowa, were filed in the office of the Recorder of Dubuque County, Iowa, as File Nos.
12708 -92 and 16703 -92; and
Whereas, the Developer of Lot 1 of Peterson Subdivision No. 2 Hillcrest Family Ser-
vices, has relocated the storm sewer and provided an easement thereto over across
said Lot 1; and
Whereas, the storm sewer easement designated on the Exhibit attached hereto will
no longer be required after development of the site.
NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque,
Iowa, does hereby forever release, vacate, abandon, and discharge storm sewer ease-
ments over a portion of Lot 1 Peterson Subdivision No. 2 in the City of Dubuque, Iowa,
shown the attached Exhibit to Hillcrest Family Services; however, this Release in no
way releases, vacates, abandons, or discharges any other easement shown on the Lot
2 -1 Peterson Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision all in the City of
Dubuque Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as File
Numbers12708 -92 and16703 -92.
Passed, approved and adopted this 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9
RESOLUTION NO. 317 -12
DISPOSING OF CITY INTEREST IN STORM SEWER EASEMENTS ON LOT 1 OF
PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 9th day of November, 2012, the City Council of the City of
Dubuque, Iowa met on the 19TH day of November, 2012, at 6:30 p.m. in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City
interest in storm sewer easements over and across a portion of real estate described
as:
Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to dispose of City interest in said easements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in storm sewer easements
over and across a portion of real property described as Lot 1 of Peterson Subdivision
No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit
to Hillcrest Family Services, be and the same is hereby approved.
Section 2. That the Mayor be authorized and directed to execute a Release of Storm
Sewer Easements, and the City Clerk be and is hereby authorized and directed to de-
liver said Release to Hillcrest Family Services.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Request to Rezone - 2995 Asbury Road: Proof of publication on notice of public
hearing to consider a request from Louis and Irene Bassler to rezone property located
at 2995 Asbury Road from R -1 Single - Family Residential to OR Office Residential and
the Zoning Advisory Commission recommending approval. Motion by Lynch to receive
and file the documents and that the requirement that a proposed ordinance be consid-
ered 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. Louis Bassler, 13774 Surrey
Lane spoke in support of the request. Planning Services Laura Carstens provided a
staff report. Pete Gieschen, 150 Devon Drive, was informed that the request applies to
only that parcel. Motion carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 57 -12 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2995 Asbury from R -1 Single
Family Residential District to OR Office Residential District. Seconded by Braig. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 57 -12
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
10
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2995 ASBURY FROM R -1 SINGLE FAMILY RESIDEN-
TIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter described property
from R -1 Single Family Residential District, to OR Office Residential District, to wit:
Lot 1 Siegert Avalon Place, and to the centerline of the adjoining public right -of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publications, as provided
by law.
Passed, approved and adopted this 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of November,
2012.
/s /Kevin S. Firnstahl, City Clerk
University of Dubuque - Amend ID District: Proof of publication on notice of public
hearing to consider a request from the University of Dubuque, 2000 University Avenue,
to amend the ID Institutional District Campus Plan to change an outdoor practice field
into an indoor practice facility and the Zoning Advisory Commission recommending ap-
proval. 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. Seconded by
Braig. Jim Steiner, Vice President of Finance for the University of Dubuque addressed
questions from the City Council about concerns from the surrounding neighbors includ-
ing additional noise and light pollution, vehicular and pedestrian traffic, litter, security
and landscape screening. Planning Services Manager Laura Carstens provided a staff
report. Amy Kane, 168 Princeton Place, expressed her concerns for changes taking
place at the University of Dubuque regarding snow and rain runoff, light pollution, fenc-
ing /retaining walls, limited green space, and declining property values. Dan McDonald,
300 Main Street, spoke in favor of the request on behalf of Greater Dubuque Develop-
ment Corporation. Pete Gieschen, 150 Devon Drive, inquired about the expanding foot-
print of the University's campus. Mr. Steiner provided a rebuttal to the concerns ex-
pressed and stated that the University does not solicit purchases of property. Mayor
Buol stated that although he is an employee of the University of Dubuque, the City At-
torney advises that there is no conflict of interest. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 58 -12
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by providing for the amendment of Ordinance No. 2 -11 and approval of an
Amended Campus Development Plan for the University Of Dubuque to allow construc-
tion of an indoor practice facility on the South Campus west of University Park Drive.
Seconded by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
11
ORDINANCE NO. 58 -12
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVIDING FOR THE AMENDMENT OF ORDI-
NANCE 2 -11 AND APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN
FOR THE UNIVERSITY OF DUBUQUE TO ALLOW CONSTRUCTION OF AN IN-
DOOR PRACTICE FACILITY ON THE SOUTH CAMPUS WEST OF UNIVERSITY
PARK DRIVE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, be amended by providing for the approval of an amended campus devel-
opment plan for the University of Dubuque ID Institutional District, a copy of which is on
file with the City of Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above -
described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other institutional employ-
ees and affiliates.
b. Churches, libraries, and museums.
c. Classrooms, laboratories, lecture halls, and similar places of in-
stitutional assembly.
d. Off - street parking and loading.
e. Recreational or athletic facilities for the primary use and benefit
of institutional residents or affiliates.
f. Single- family, two - family or multi - family dwellings for the housing
of institutional residents or affiliates.
2. Accessory Uses. The following uses shall be permitted as accessory
uses in the above - described ID Institutional District.
a. Located entirely within a principal building, bookstores, or bars
seating not more than seventy -five (75) persons at one time and lo-
cated not closer than two hundred feet (200') from the nearest Res-
idential or Office Residential District.
b. All uses customarily incidental to the principal permitted uses in
conjunction with which such accessory uses operated or main-
tained, but not to include commercial use outside the principal
building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
The proposed residence halls and associated parking lot shall be constructed in sub-
stantial conformance with the attached amended campus development plan.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall be estab-
lished in conformance with Section 5 -22 of the Unified Development Code and the fol-
lowing standards:
1. The storm water control shall be designed and built in accordance with
City Regulations subject to review and approval by the City of Dubuque
12
Engineering Department.
2. That appropriate erosion and sediment control will be installed prior to
commencement of any land disturbing activity related to the subject pro-
ject, including all required state and city permits related to erosion control.
3. That a six -foot high chain link fence shall be installed beginning at the
south end of the retaining wall near the tennis courts and ending at the
south end of the competition soccer field.
4. New outdoor lighting shall utilize 72- degree cut -off luminaries.
5. Landscaping shall be provided in compliance with Article 13 of the Uni-
fied Development Code.
6. All utilities, including telephone and cable television, shall be installed
underground.
7. Final site plans shall be submitted in accordance with Articles 12 and 13
of the Unified Development Code.
D. Parking Requirements
The off - street parking requirements for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows.
The number, size and layout of off - street parking shall be in substantial compli-
ance with the amended campus plan.
The design of the parking lot shall comply with Article 13 of the Unified Develop-
ment Code.
Any significant expansion or reduction in the number of off - street parking spaces
must be reviewed by Planning Services staff for compliance with the adopted Institu-
tional District regulations.
E. Sign Regulations
The sign regulations shall be the same as that which are allowed in the ID Institu-
tional District as established in Article 15 of the Unified Development Code.
F. Additional Standards
That all previously approved campus development plans are hereby amended to
allow for the attached campus development plan.
G. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires rezoning
of the property to an appropriate zoning district.
H. Modifications
Any modifications of this Ordinance must be approved by the City Council in ac-
cordance with zoning reclassification proceedings of Article 9 of the Unified De-
velopment Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publications, as provided
by law.
Passed, approved and adopted this 19th day of November, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of November,
2012.
/s /Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
13
ACTION ITEMS
Dubuque Main Street - NEA "Our Town" Grant / Art Space Feasibility Study Update:
Dubuque Main Street Executive Director Dan LoBianco provided a report on the Nation
Endowment for the Arts (NEA) Our Town Grant and Art Space Feasibility Study. Motion
by Lynch to receive and file the information. Seconded by Resnick. Mr. LoBianco stated
that the next steps include identifying the arts groups mostly likely to be stakeholders
and finding funding for a feasibility study. Motion carried 6 -0.
Code of Ordinances - ADA Readily Achievable Determinations (Second Reading):
City Manager recommending approval of an update to the City's Accessibility Code to
clarify how the readily achievable standards is determined and provide for the use of
alternative methods of reasonable accommodations in the event that the barrier removal
is not readily achievable. 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 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 59 -12
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 1 Building Codes, Article !Accessibility Code for Readily Achievable Changes,
Section 14 -11 -3 Removal of Architectural Barriers if Readily Achievable by adding lan-
guage to clarify that the determination of Readily Achievable within the City of Dubuque
will be made by the City Manager. Seconded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 59 12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE I ACCESSIBILITY
CODE FOR READILY ACHIEVABLE CHANGES, SECTION 14 -11 -3 REMOVAL OF
ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE BY ADDING LANGUAGE
TO CLARIFY THAT THE DETERMINATION OF READILY ACHIEVABLE WITHIN
THE CITY OF DUBUQUE WILL BE MADE BY THE CITY MANAGER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14 -11 -3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14 -11 -3: REMOVAL OF ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE:
A. Removal Required: It shall be a violation of this article for an owner of a public ac-
commodation to fail to remove architectural barriers, and communication barriers that
are structural in nature, in any public accommodation, where such removal is readily
achievable, as determined by the city manager. The phrase "readily achievable" shall
have the meaning set forth under the Americans with Disabilities Act of 1990 (42
USC 12182), as amended, and any implementing regulations.
B. Availability Through Alternative Methods: Where an owner can demonstrate that
the removal of a barrier under subsection A of this section is not readily achievable,
an owner shall nonetheless be required to make existing facilities available through
alternative methods if such methods are readily achievable, as determined by the city
manager.
14
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 19th day of November, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of November,
2012.
/s /Kevin S Firnstahl, City Clerk
General Obligation Bonds, Series 2012E - Complete Issuance: City Manager rec-
ommending approval of the suggested proceedings to complete the action required on
the recent Series 2012E bond issuance. Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 318 -12 Appointing Wells Fargo Bank, National Asso-
ciation 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; and Resolution No. 319 -12 Authorizing and
providing for the issuance of $3,640,000 General Obligation Bonds, Series 2012E, and
levying a tax to pay said bonds. Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 318 -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, $3,640,000
General Obligation Bonds, Series 2012E, 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
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 $3,640,000 General Obligation Bonds, Series 2012E, 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 19th day of November, 2012.
Attest: Kevin S. Firnstahl, City Clerk
15
Roy D. Buol, Mayor
RESOLUTION NO. 319 -12
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
$3,640,000 GENERAL OBLIGATION BONDS, SERIES 2012E, 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 Issuer is in need of funds to pay costs of the opening, widening, ex-
tending, grading, and draining of the right -of -way of streets, highways and avenues, the
construction, reconstruction, and repairing of any street improvements, the acquisition,
installation, and repair of traffic control devices and the acquisition of real estate needed
for any of the foregoing purposes; the acquisition, construction, reconstruction, exten-
sion, improvement, and equipping of works and facilities useful for the collection, treat-
ment, and disposal of sewage and industrial waste in a sanitary manner, for the collec-
tion and disposal of solid waste, and for the collection and disposal of surface waters
and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the
rehabilitation and improvement of parks already owned, including the removal, replace-
ment and planting of trees in the parks, and facilities, equipment, and improvements
commonly found in City parks, including improvements for Comiskey Park and Flora
Park; the acquisition, construction, reconstruction, improvement, repair, and equipping
of waterworks, water mains, and extensions, and real and personal property, useful for
providing potable water to residents of a City, including annual water main replacement,
water main extensions, Green Alley water mains and fittings and Airport water main;
and the acquisition of peace officer communication equipment and other emergency
services communication equipment and systems, including police /emergency /public
safety communication software, essential corporate purposes, and it is deemed neces-
sary and advisable that General Obligation Bonds to the amount of not to exceed
$4,000,000 be issued for said purpose; 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 the acquisition, construc-
tion, reconstruction, enlargement, improvement, and equipping of community center
houses, recreation grounds, recreation buildings, juvenile playgrounds, swimming pools,
recreation centers, parks, and golf courses, and the acquisition of real estate therefor,
including the Granger Creek Trail, Creek Wood Park, Westbrook Park Phase II, roof re-
placement at McAleece Park, Park Maintenance Headquarters improvements and, Vet-
eran's Memorial 32nd storage; and the construction, reconstruction, enlargement, im-
provement, and equipping of libraries, including Library exterior repairs, renovation and
repair and replacement of windows; and any other purpose which is necessary for the
operation of the City or the health and welfare of its citizens, including the acquisition
and installation of Marshall School playground equipment, general corporate purposes,
and it is deemed necessary and advisable that General Obligation Bonds to the amount
of not to exceed $700,000 be authorized for said purpose; 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
16
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 2012E, in the principal amount of $3,640,000 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 Participant or
such person's subrogee.
❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
❑ "Bonds" shall mean $3,640,000 General Obligation Bonds, Series 2012E, author-
ized 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 accord-
ance 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 appoint-
ed 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 principal of and
interest on the Bonds as the same shall become due.
❑ "Project Fund" shall mean the fund required to be established by this Resolution
for the deposit of the proceeds of the Bonds.
❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
17
❑ "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 i FISCAL YEAR i
(JULY 1 TO JUNE 30)
!YEAR OF COLLECTION'
$319,343* 2013/2014*
$280,40d 2014/2015
$276,40 2015/2016 1
$282,400 2016/2017
$278,200 2017/2018
$279,000 2018/2019
$279,700 - - - -- 2019/2020
--------- 2020/2021 ----- - - - -
2021/2022
$280,300
$280,800
$276,200 2022/2023
$196,313 2023/2024
$197,825 2024/2025
$199,025 1 2025/2026 _ _ _ _ _
I
$199,900 1 2026/2027 I
$200,650 i 2027/2028 I
$185, 400 2028/2029 i
2029/2030 1
2030/2031
$185,400 2031/2032
$180,450
$180,500
* Includes $40,043 paid for interest in FY 12/13.
(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 Au-
ditor is hereby instructed in and for each of the years as provided, to levy and assess
18
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 afore-
said be collected in like manner as other taxes of the City are collected, and when col-
lected 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 2012E" (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 $3,640,000,
shall be issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the
City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL
OBLIGATION BOND, SERIES 2012E ", be dated the date of delivery, and bear interest
from the date thereof, until payment thereof, at the office of the Paying Agent, said in-
terest payable on June 1, 2013, 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-
vided in this Resolution; principal, interest and premium, if any, shall be payable at the
19
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
$195,000 , 2.000% 2014
$200,000 2.000% i 2015
$200,000 2.000% 2016
$210,000
2.000% I 2017
$210,000 2.000% 2018
$215,000 2.000% � 2019
$220000 2.000% 2020
$225 000 2.000% 2021
$230,000 2.000% 2022
$230,000 j 2.125% 2023
$155,000 2.250% 1 2024
$160,000 2.375% 2025
$165,000 2.500% 2026
$170,0001 2.500% 2027 -_
$175,0001 3.000% 2028
$165,0001 3.000% 1 2029
i $165,000 3.000% i 2030
1 $170,000 3.000% i 2031
$180,000 3.000% 2032
(b) Redemption. Bonds maturing after June 1, 2018 may be called for redemption by
the Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued in-
terest 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 by mail to any registered owner of the Bonds or any
defect therein shall not affect the validity of any proceedings for the redemption of the
Bonds. All bonds or portions thereof called for redemption will cease to bear interest af-
ter 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 determines
to permit the exchange of Depository Bonds for Bonds in the Authorized Denomina-
tions, the Bonds shall be issued as Depository Bonds in denominations of the entire
principal amount of each maturity of Bonds (or, if a portion of said principal amount is
prepaid, said principal amount less the prepaid amount); and such Depository Bonds
shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-
annual interest for any Depository Bond shall be made by wire transfer or New York
20
Clearing House or equivalent next day funds to the account of Cede & Co. on the inter-
est payment date for the Bonds at the address indicated in or pursuant to the Represen-
tation 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. With-
out limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation with respect to (i) the accuracy of the 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 satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Bonds for replacement Bonds in Authorized Denominations.
(d) 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 unau-
thenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners
of the Bonds and provide for such exchange, and to the extent that the Beneficial Own-
ers are designated as the transferee by the owners, the Bonds will be delivered in ap-
propriate 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
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amend-
ed. The substitute depository shall provide for (i) immobilization of the Depository
21
Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries
made on records of the depository or its nominee and (iii) payment of principal of, pre-
mium, if any, and interest on the Bonds in accordance with and as such interests may
appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; 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 appointed as
Bond Registrar under the terms of this Resolution and under the provisions of a sepa-
rate agreement with the Issuer filed herewith which is made a part hereof by this refer-
ence. Registrar shall maintain the books of the Issuer for the registration of ownership of
the Bonds for the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Com-
mercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for reg-
istration 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 employer identi-
fication number of such transferee (or, if registration is to be made in the name of multi-
ple individuals, of all such transferees). In the event that the address of the registered
owner of a Bond (other than a registered owner which is the nominee of the broker or
dealer in question) is that of a broker or dealer, there must be disclosed on the Registra-
tion 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 denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Bond, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered 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 ac-
count 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 rep-
resentative. All such payments shall be valid and effectual to satisfy and discharge the
liability upon such Bond, including the interest thereon, to the extent of the sum or sums
so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be furnished promptly to
the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can-
celled 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
22
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 Issu-
er 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 Pay-
ing Agent to hold such funds, without liability for interest thereon, for the benefit of the
owner of such Bonds who shall thereafter be restricted exclusively to such funds for any
claim of whatever nature on his part under this Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a
period equal to two years and six months following the date on which such interest or
principal became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so held
to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual maturity. The Registrar shall furnish addi-
tional 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 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
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;
23
2. A written order of Issuer signed by the Treasurer of the Issuer directing the au-
thentication and delivery of the Bonds to or upon the order of the Purchaser upon
payment 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. 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 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. 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
24
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 18. 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 19. 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 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Taxable General Obligation Bonds, Series 2012F - Complete Issuance: City Manager
recommending approval of the suggested proceedings to complete the action required
on the recent Series 2012F bond issuance. Motion by Connors to receive and file the
documents and adopt Resolution No. 320 -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; and Resolution No. 321 -12
Authorizing and providing for the issuance of $1,035,000 Taxable General Obligation
Bonds, Series 2012F, and levying a tax to pay said bonds. Seconded by Resnick. Mo-
tion carried 6 -0.
RESOLUTION NO. 320 -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, $1,035,000
Taxable General Obligation Bonds, Series 2012F, 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
25
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 $1,035,000 Taxable General Obligation Bonds, Series
2012F, 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 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 321 -12
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
$1,035,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012F, AND LEVY-
ING 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 is in need of funds to pay costs of aiding in the planning, undertak-
ing, and carrying out of urban renewal projects under the authority of chapter 403, in-
cluding Downtown Rehabilitation Grants, Downtown Rehabilitation Financial Consultant
Grants, the Washington Neighborhood Business Loan Pool, a generator, air condition-
ing improvements, electrical improvements, ice decking, and a power factor correction
device for the Mystique Community Ice Center, Downtown housing business incentives,
ADA assistance, Historic District improvements, a general corporate purpose, and it is
deemed necessary and advisable that Taxable General Obligation Bonds, Series
2012F, to the amount of not to exceed $12,000,000 be authorized for said purpose; and
Whereas, the City has a population of more than 5,000 but not more than 75,000;
and
Whereas, pursuant to notice published as required by Section 384.26 (5) of said
Code, the Council of the City has held public meeting and hearing upon the proposal to
institute proceedings for the issuance of bonds for general corporate purposes in the
amounts as above set forth, and, no petition for referendum having been received, the
Council is therefore now authorized to proceed with the issuance of Taxable General
Obligation Bonds, Series 2012F; 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
Participant or such person's subrogee.
26
❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
❑ "Bonds" shall mean $1,035,000 Taxable General Obligation Bonds, Series
2012F, authorized to be issued by this Resolution.
❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any suc-
cessor nominee of DTC with respect to the Bonds.
❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Dis-
closure Certificate executed by the Issuer and dated the date of issuance and deliv-
ery 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
limited purpose trust company, or any successor book -entry securities depository ap-
pointed for the Bonds.
❑ "Issuer" and "City" shall mean the City of Dubuque, Iowa.
❑ "Participants" shall mean those broker - dealers, banks and other financial
institutions for which DTC holds Bonds as securities depository.
❑ "Paying Agent" shall mean Wells Fargo Bank, National Association, or
such successor as may be approved by Issuer as provided herein and who shall car-
ry out the duties prescribed herein as Issuer's agent to provide for the payment of
principal of and interest on the Bonds as the same shall become due.
❑ "Project Fund" shall mean the fund required to be established by this Res-
olution for the deposit of the proceeds of the Bonds.
❑ "Registrar" shall mean Wells Fargo Bank, National Association of Minne-
apolis, 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 maintain-
ing 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 Represen-
tations 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
succeed 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
2013/2014
G $135,759 1 2014/2015
$139,559 2015/2016
$23,244
$138,309 2016/2017
27
$136,746 2017/2018
$140,028 i 2018/2019
$143,143 2019/2020
$140,780 2020/2021
$143,080 2021/2022
(NOTE: For example the levy to be made and certified against the taxable val-
uations 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 Resolu-
tion 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 assess the tax hereby authorized in Section 2 of this Resolution, in like
manner as other taxes are levied and assessed, and such taxes so levied in and
for each of the years aforesaid be collected in like manner as other taxes of the
City 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 2012F" (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
28
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 $1,035,000, shall be issued pursuant to the provisions of Sections 403.12,
384.24(3)(q), 384.25 and 384.26 of the City Code of Iowa for the aforesaid pur-
pose. The Bonds shall be designated "TAXABLE GENERAL OBLIGATION
BOND, SERIES 2012F ", 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, 2013, and semiannually thereafter on the 1st day of
June and December in each year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor
and attested by the manual or facsimile signature of the Clerk, and impressed or
printed with the seal of the City and shall be fully registered as to both principal and
interest as provided in this Resolution; principal, interest and premium, if any, shall be
payable at the office of the Paying Agent by mailing of a check to the registered own-
er of the Bond. The Bonds shall be in the denomination of $5,000 or multiples there-
of. The Bonds shall mature and bear interest as follows:
Principal Interest Maturity
Amount Rate June 1St
$120,000 1.000% i 2015
$125,000 1.000% .1_ 2016
! $125,000 1.250% ! 2017
1 $125,000 i 1.375% i 2018
! $130,000 1.1.450% i 2019
$135,000 i 1.750% _ _ 2020_ -
$135,000 1 2.000% 1_ - 2021
$140,000 i 2.200%1 2022
(b) Redemption. Bonds maturing after June 1, 2018 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 by mail to any registered owner of the Bonds or
any defect therein shall not affect the validity of any proceedings for the redemption
of the Bonds. All bonds or portions thereof called for redemption will cease to bear in-
terest 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-
29
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-
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 matters with respect to such Bond, for the purpose of registering transfers with
respect to such Bonds, and for all other purposes whatsoever (except for the giving
of certain 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, pre-
mium, 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 effec-
tive 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-
30
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
Paying 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 De-
pository Bonds, (ii) registration and transfer of interests in Depository Bonds by book
entries 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 Regis-
tration 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.
31
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar
shall be destroyed and a certificate of the destruction thereof shall be furnished
promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall
forward the cancelled Bonds to the Issuer.
(f) Non - Presentment of Bonds. In the event any payment check representing 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
additional bonds in lesser denominations (but not less than the minimum denomina-
tion) 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 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
32
such Bond a Certificate of Authentication substantially in the form of the Certificate
herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall
be conclusive evidence that the Bond so authenticated has been duly issued under this
Resolution and that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the
Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or upon the order of the Purchaser
upon payment of the purchase price as set forth therein;
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 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
General Obligation Urban Renewal Bonds, Series 2012H - Complete Issuance: City
Manager recommending approval of the suggested proceedings to complete the action
required on the recent Series 2012H bond issuance. Motion by Lynch to receive and file
33
the documents and adopt Resolution No. 322 -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; and Resolution no. 323 -12
Authorizing and providing for the Issuance of $2,385,000 General Obligation Urban Re-
newal Bonds, Series 2012H, and levying a tax to pay said bonds. Seconded by Res-
nick. Motion carried 6 -0.
RESOLUTION NO. 322 -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, $2,385,000
General Obligation Urban Renewal Bonds, Series 2012H, dated the date of delivery,
have been sold at public sale and action should now be taken to provide for the mainte-
nance 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, 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 $2,385,000 General Obligation Urban Renewal Bonds, Se-
ries 2012H, 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 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 323 -12
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,385,000 GENERAL
OBLIGATION URBAN RENEWAL BONDS, SERIES 2012H, 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 is in need of funds to pay costs of aiding in the planning, undertak-
ing, and carrying out of urban renewal projects under the authority of chapter 403, in-
cluding Industrial Park land acquisitions consultant costs, rail platform - Intermodal Fa-
cility, the Multicultural Family Center, a 5th & Bluff ADA restroom, McAleece Park side-
walks, urban renewal purposes, and it is deemed necessary and advisable that General
34
Obligation Urban Renewal Bonds, Series 2012H, to the amount of not to exceed
$12,000,000 be authorized for said purpose; and
Whereas, pursuant to notice published as required by Sections 403.12 and 384.25 of
said Code, the Council of the City has held public meeting and hearing upon the pro-
posal to institute proceedings for the issuance of bonds, and, no petition for referendum
having been received, the Council is therefore now authorized to proceed with the issu-
ance of General Obligation Urban Renewal Bonds, Series 2012H; 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 Participant or
such person's subrogee.
❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
❑ "Bonds" shall mean $2,385,000 General Obligation Urban Renewal Bonds, Series
2012H, 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 accord-
ance with the terms thereof.
❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certif-
icate 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 limited
purpose trust company, or any successor book -entry securities depository appointed for
the Bonds.
❑ "Issuer" and "City" shall mean the City of Dubuque, Iowa.
❑ "Participants" shall mean those broker - dealers, banks and other financial 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 principal of and
interest on the Bonds as the same shall become due.
❑ "Project Fund" shall mean the fund required to be established by this Resolution for
the deposit of the proceeds of the Bonds.
❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
❑ "Registrar" shall mean Wells Fargo Bank, 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
35
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 succeed
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
_ - $81,964 _______2013/2014 $215,569 2014/2015
- $212, 369 I 2015/2016
--- - - - - -- - --
$214,169 2016/2017
$210,869 2017/2018
_$147,569 ! 2018/2019
- $150,469- } - -__- 2019/2020 - - - --
$148,269 ---------- 2020/2021----- - - - - --
- $151,069 - - - -- 2021/2022 - - - --
_$1_48,269_
-.$148_,769_ ---- - - - - -- 2022/2023 ---- - - - - --
- $151,325 __ - --- 2023/2024 _
$148,625
$150, 775
650 -
__ - $149, 525_
___$151,113
$152,400
$148,550
2024/2025
2025/202!______
__--
2026/2027
- - -
---------- 2028/2029 ---- - - - - --
---------- 2029/2030 ---- - - - - --
����� 2030/2031 ___________
$149,350
2031/2032
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2011 will be collected during the fiscal year commencing July 1, 2012.)
(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 Au-
ditor is hereby instructed in and for each of the years as provided, to levy and assess
the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes
are levied and assessed, and such taxes so levied in and for each of the years afore-
said be collected in like manner as other taxes of the City are collected, and when col-
lected be used for the purpose of paying principal and interest on said Bonds issued in
36
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 URBAN RENEWAL BOND FUND 2012H" (the
"Bond Fund "), which is hereby pledged for and shall be used only for the payment of the
principal of and interest on the Bonds hereinafter authorized to be issued; and also
there shall be apportioned to said fund its proportion of taxes received by the City from
property 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. General Obligation Urban Renewal Bonds of the City in the amount
of $2,385,000, shall be issued pursuant to the provisions of Section 403.12 of the City
Code of Iowa for the aforesaid purpose. The Bonds shall be designated "general obliga-
tion URBAN RENEWAL bond, SERIES 2012H ", 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, 2013, 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-
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 [provided]:
*Term Bonds
37
(b) Mandatory Payment and Redemption of Term Bonds. All Term Bonds are subject
to mandatory redemption prior to maturity at a price equal to 100% of the portion of the
principal amount thereof to be redeemed plus accrued interest at the redemption date of
June 1st of each of the years in the principal amount set opposite each year in the [pro-
vided] schedule:
Final Maturity
The principal amount of Term Bonds may be reduced through the earlier optional re-
demption, with any partial optional redemption of the Term Bonds credited against fu-
ture mandatory redemption requirements for such Term Bonds in such order as the
Council shall determine.
(c) Optional Redemption. Bonds maturing after June 1, 2018 may be called for re-
demption by the Issuer and paid before maturity on said date or any date thereafter,
from any funds regardless of source, in whole or from time to time in part, in any order
of maturity and within an annual maturity by lot. The terms of redemption shall be par,
plus accrued interest to date of call.
Thirty days' written notice of redemption shall be given to the registered owner of the
Bond. Failure to give such notice by mail to any registered owner of the Bonds or any
defect therein shall not affect the validity of any proceedings for the redemption of the
Bonds. All bonds or portions thereof called for redemption will cease to bear interest af-
ter 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 determines
to permit the exchange of Depository Bonds for Bonds in the Authorized Denomina-
tions, the Bonds shall be issued as Depository Bonds in denominations of the entire
principal amount of each maturity of Bonds (or, if a portion of said principal amount is
prepaid, said principal amount less the prepaid amount); and such Depository Bonds
shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-
annual interest for any Depository Bond shall be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the inter-
est payment date for the Bonds at the address indicated in or pursuant to the Represen-
tation 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. With-
out limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation with respect to (i) the accuracy of the 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
38
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 satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Bonds for replacement Bonds in Authorized Denominations.
(d) 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 unau-
thenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners
of the Bonds and provide for such exchange, and to the extent that the Beneficial Own-
ers are designated as the transferee by the owners, the Bonds will be delivered in ap-
propriate 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
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amend-
ed. The substitute depository shall provide for (i) immobilization of the Depository
Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries
made on records of the depository or its nominee and (iii) payment of principal of, pre-
mium, if any, and interest on the Bonds in accordance with and as such interests may
appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; 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 appointed as
Bond Registrar under the terms of this Resolution and under the provisions of a sepa-
rate agreement with the Issuer filed herewith which is made a part hereof by this refer-
ence. Registrar shall maintain the books of the Issuer for the registration of ownership of
the Bonds for the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Com-
mercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for reg-
istration and transfer contained in the Bonds and in this Resolution.
39
(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 employer identi-
fication number of such transferee (or, if registration is to be made in the name of multi-
ple individuals, of all such transferees). In the event that the address of the registered
owner of a Bond (other than a registered owner which is the nominee of the broker or
dealer in question) is that of a broker or dealer, there must be disclosed on the Registra-
tion 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 denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Bond, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered 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 ac-
count 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 rep-
resentative. All such payments shall be valid and effectual to satisfy and discharge the
liability upon such Bond, including the interest thereon, to the extent of the sum or sums
so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be furnished promptly to
the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can-
celled 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 Issu-
er 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 Pay-
ing Agent to hold such funds, without liability for interest thereon, for the benefit of the
owner of such Bonds who shall thereafter be restricted exclusively to such funds for any
claim of whatever nature on his part under this Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a
period equal to two years and six months following the date on which such interest or
principal became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so held
to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual maturity. The Registrar shall furnish addi-
40
tional 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 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
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 payment
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-
41
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-
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
42
resolutions and parts of ordinances and resolutions in conflict herewith are hereby re-
pealed.
Passed and approved this 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Taxable General Obligation Refunding Bonds, Series 20121 - Complete Issuance:
City Manager recommending approval of the suggested proceedings to complete the
action required on the recent Series 20121 bond issuance. Motion by Lynch to receive
and file the documents and adopt Resolution No. 324 -12 Appointing Wells Fargo Bank,
National Association of Minneapolis, Minnesota, to serve as paying agent, bond regis-
trar, and transfer agent, approving the paying agent and bond registrar and transfer
agent agreement and authorizing the execution of the agreement; and Resolution No.
325 -12 Authorizing and providing for the issuance of $7,285,000 Taxable General Obli-
gation Refunding Bonds, Series 20121, and levying a tax to pay said bonds. Seconded
by Braig. Motion carried 6 -0.
RESOLUTION NO. 324 -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, $7,285,000
Taxable General Obligation Refunding Bonds, Series 20121, dated the date of delivery,
have been sold at public sale and action should now be taken to provide for the mainte-
nance 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, 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 $7,285,000 Taxable General Obligation Refunding Bonds,
Series 20121, 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 19th day of Novemvber, 2012.
Attest: Kevin S. Firnstahl, City Clerk
43
Roy D. Buol, Mayor
RESOLUTION NO. 325 -12
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,285,000 TAXABLE
GENERAL OBLIGATION REFUNDING BONDS, SERIES 20121, 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 is in need of funds to pay costs of adjusting, extending and refund-
ing existing general obligation indebtedness of the City as is more fully set forth in the
schedule of Bonds to be refunded, hereinafter set forth as Exhibit "A ", attached to this
resolution, and it is deemed necessary and advisable that the City should authorize
Taxable General Obligation Refunding Bonds, Series 20121, to the amount of not to ex-
ceed $12,000,000 for such purpose; and
Whereas, it is found and determined that the aforesaid adjustment and refunding of
present indebtedness is necessary and in the public interest and will benefit the City
and its taxpayers by restructuring four (4) outstanding issue(s) of Bonds for purposes of
more efficient administration thereof; by conforming the debt service requirements to the
anticipated receipt of tax funds thereby reducing the impact of delays in the collection of
future taxes upon the City's cash flow; and to adjust the requirements of the outstanding
indebtedness so as to facilitate the orderly retirement of Bonds anticipated to be issued
for future capital improvements; and
Whereas, it presently appears that the aforesaid benefits may be realized and at the
same time savings may be effected in the debt service fund requirements of the City by
refunding of the bonds set forth in the schedule set forth as Exhibit "A ", attached to this
Resolution and made a part hereof by this reference; and
Whereas, the City is in need of funds to pay costs of aiding in the planning, undertak-
ing, and carrying out of urban renewal projects under the authority of chapter 403, in-
cluding the refunding and refinancing of outstanding City indebtedness, including the
General Obligation Urban Renewal Bonds, Taxable Series 2005C, the General Obliga-
tion Urban Renewal Bonds, Series 2006B, the General Obligation Refunding Bonds,
Series 2006C, and the General Obligation Bonds, Series 2007B, issued for such pur-
poses to achieve savings and facilitate the use of committed private parking arrange-
ments in connection with future downtown development projects, and it is deemed nec-
essary and advisable that Taxable General Obligation Bonds, Series 20121, to the
amount of not to exceed $12,000,000 be authorized for said purpose; and
Whereas, pursuant to notice published as required by Section 384.26(5) of said
Code, the Council of the City has held public meeting and hearing upon the proposal to
institute proceedings for the issuance of bonds, and, no petition for referendum having
been received, the Council is therefore now authorized to proceed with the issuance of
Bonds thereof; and
Whereas, the Council is therefore now authorized under Iowa Code Sections 403.12,
384.24(3)(q) and 384.25 to proceed with the issuance of $7,285,000 Bonds; 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:
44
• "Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
• "Beneficial Owner" shall mean the person in whose name such Bond is record-
ed as the beneficial owner of a Bond by a Participant on the records of such
Participant or such person's subrogee.
• "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
• "Bonds" shall mean $7,285,000 Taxable General Obligation Refunding Bonds,
Series 20121, 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 Disclo-
sure Certificate executed by the Issuer and dated the date of issuance and de-
livery 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.
• "Escrow Fund" shall mean the fund established under the terms of a Refunding
Trust Agreement dated the date of delivery, for the deposit of the proceeds of
the Bonds issued hereunder.
• "Issuer" and "City" shall mean the City of Dubuque, Iowa.
• "Participants" shall mean those broker - dealers, banks and other financial insti-
tutions for which DTC holds Bonds as securities depository.
• "Paying Agent" shall mean Wells Fargo Bank, National Association, or such
successor as may be approved by Issuer as provided herein and who shall car-
ry out the duties prescribed herein as Issuer's agent to provide for the payment
of principal of and interest on the Bonds as the same shall become due.
• "Refunded Bonds" shall mean the General Obligation Urban Renewal Bonds,
Taxable Series 2005C, the General Obligation Urban Renewal Bonds, Series
2006B, the General Obligation Refunding Bonds, Series 2006C, and the Gen-
eral Obligation Bonds, Series 2007B Bonds.
• "Refunding Trust Agreement" shall mean the Refunding Trust Agreement dated
December 4, 2012 between the Issuer and Wells Fargo Bank, N.A.
• "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis,
Minnesota, or such successor as may be approved by Issuer as provided here-
in and who shall carry out the duties prescribed herein with respect to maintain-
ing a register of the owners of the Bonds. Unless otherwise specified, the Reg-
istrar 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.
• "Trustee" shall mean Wells Fargo Bank, National Association of Minneapolis,
Minnesota, or its successor as may be approved pursuant to the "Refunding
45
Trust Agreement" referred to herein between the Issuer and the Trustee for the
purpose of insuring the payment of the outstanding bonds.
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 [provided] direct annual tax on all of the taxable property in
Dubuque, Iowa, to -wit:
(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-
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 REFUNDING BOND FUND 20121"
(the "Bond Fund "), which is hereby pledged for and shall be used only for the payment
of the principal of and interest on the Bonds hereinafter authorized to be issued; and al-
so there shall be apportioned to said fund its proportion of taxes received by the City
from property that is centrally assessed by the State of Iowa.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds in the amount of
$7,294,553.15 shall be deposited in the Escrow Fund and applied to the redemption of
the Refunded Bonds on June 1, 2013, in accordance with the Refunding Trust Agree-
ment with Wells Fargo Bank, N.A., as Trustee under the Refunding Trust Agreement
dated as of the date of delivery. The Trustee shall 1) hold such proceeds in a special
and irrevocable trust fund, 2) invest such proceeds only in cash or direct obligations of
the United States, and 3) apply such proceeds and earnings thereon only in accordance
with the terms and conditions of the Refunding Trust Agreement. All the terms and con-
ditions of the Refunding Trust Agreement are hereby incorporated by reference in this
Resolution as if set forth herein in full. The Refunding Trust Agreement is hereby ap-
proved and confirmed as binding upon the Issuer, and the Mayor and City Clerk are
hereby authorized to execute the Refunding Trust Agreement on behalf of the Issuer
and to authorize Wells Fargo Bank, N.A., as Paying Agent and Registrar of the Refund-
ed Bonds, to call the Refunded Bonds for redemption pursuant to the provisions of the
resolution authorizing their issuance. The remaining proceeds of the Bonds shall be ex-
pended for the purposes of paying costs of issuance.
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-
46
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 Refunding Bonds of the City in the
amount of $7,285,000, shall be issued pursuant to the provisions of Sections 403.12,
384.25 and 384.26 of the City Code of Iowa for the aforesaid purpose. The Bonds
shall be designated "TAXABLE GENERAL OBLIGATION REFUNDING BOND, SE-
RIES 20121 ", 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 June
1, 2013, and semiannually thereafter on the IS day of June and December in each
year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor
and attested by the manual or facsimile signature of the Clerk, and impressed or
printed with the seal of the City and shall be fully registered as to both principal and
interest as provided in this Resolution; principal, interest and premium, if any, shall be
payable at the office of the Paying Agent by mailing of a check to the registered own-
er of the Bond. The Bonds shall be in the denomination of $5,000 or multiples there-
of. The Bonds shall mature and bear interest as [provided]:
(b) Redemption. Bonds maturing after June 1, 2018 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 by mail to any registered owner of the Bonds or
any defect therein shall not affect the validity of any proceedings for the redemption
of the Bonds. All bonds or portions thereof called for redemption will cease to bear in-
terest 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-
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
47
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 matters with respect to such Bond, for the purpose of registering transfers with
respect to such Bonds, and for all other purposes whatsoever (except for the giving
of certain 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, pre-
mium, 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 effec-
tive 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
Paying 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 De-
pository Bonds, (ii) registration and transfer of interests in Depository Bonds by book
entries 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-
48
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 Regis-
tration 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
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
49
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
additional bonds in lesser denominations (but not less than the minimum denomina-
tion) 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 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
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 au-
50
thentication and delivery of the Bonds to or upon the order of the Purchaser upon
payment 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. Deposit of Proceeds in Escrow. All of the proceeds derived from the sale
of the Bonds, except accrued interest which shall be deposited in the Bond Fund shall
be placed in the Escrow Fund with Wells Fargo Bank, National Association, as Trustee
under the Refunding Trust Agreement dated as of the date of delivery. The Trustee
shall 1) hold such proceeds in a special and irrevocable trust fund, 2) invest such pro-
ceeds only in cash or direct obligations of the United States, and 3) apply such pro-
ceeds and earnings thereon only in accordance with the terms and conditions of the Re-
funding Trust Agreement. All the terms and conditions of the Refunding Trust Agree-
ment are hereby incorporated by reference in this Resolution as if set forth herein in full.
The Refunding Trust Agreement is hereby approved and confirmed as binding upon the
Issuer, and the Mayor and City Clerk are hereby authorized to execute the Refunding
Trust Agreement on behalf of the Issuer and to authorize the Trustee to call the Re-
funded Bonds for redemption pursuant to the provisions of the resolution authorizing
their issuance.
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-
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. 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 19th day of Novemvber, 2012.
Roy D. Buol, Mayor
51
Attest: Kevin S. Firnstahl, City Clerk
Historic Preservation Commission - Technical Assistance Program: Historic Preser-
vation Commission submitting guidelines for the Historic Preservation Technical Assis-
tance Program to help property owners prepare preservation tax credit applications. Mo-
tion by Lynch to receive and file the documents and approve the recommendation. Se-
conded by Connors. Motion carried 6 -0.
Code of Ordinances - Tax Increment Financing (TIF) District, Greater Downtown Ur-
ban Renewal District: City Manager recommending approval of an ordinance amending
the Tax Increment Financing District for the Greater Downtown Urban Renewal District.
Motion by Lynch to receive and file the documents and that the requirement that a pro-
posed 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. Motion
carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 60 -12 Amend-
ing Ordinance Nos. 33 -11, Previously Amended, and 88 -02, Providing that General
Property Taxes Levied and Collected Each Year on all Property Located Within the
Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque,
State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a
special fund for payment of principal and interest on loans, monies advanced to and in-
debtedness, including bonds issued or to be issued, incurred by said City in connection
with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District. Seconded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 60 -12
AMENDING ORDINANCE NOS. 33 -11, PREVIOUSLY AMENDED, AND 88 -02,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN UR-
BAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE,
STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT,
AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT
OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND IN-
DEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY
SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED URBAN RE-
NEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, the City Council of the City of Dubuque, Iowa (the "City ") has heretofore, in
Ordinance No. 30 -82, provided for the division of taxes within the original Downtown
Dubuque Urban Renewal Project, Iowa R -15, described in Resolution No. 123 -67
adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and
Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Re-
newal Project, Iowa R -15, subsequently has been amended on numerous occasions,
growing through expansion or merger with other existing urban renewal districts, result-
ing in Bluff Street, Cable Car, Chaplain Schmitt, East 7t Street, Ice Harbor Subarea A,
Ice Harbor Subarea B, Ice Harbor Subarea C, Industrial Harbor, Kerper Boulevard, Old
Main, South Bluff, South Main, South Port, Town Clock, Upper Main, Warehouse, and
52
Washington Street subareas being added to an Amended and Restated Greater Down-
town Urban Renewal District; and
Whereas, consistent with the amendments to the Urban Renewal Plan, Ordinance
No. 30 -82 subsequently was amended on numerous occasions to provide for the divi-
sion of taxes within the Amended and Restated Greater Downtown Dubuque Urban Re-
newal District, creating separate base valuations for the Bluff Street, Cable Car, Chap-
lain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Subarea B, Ice Harbor
Subarea C, Industrial Harbor, Kerper Boulevard, Old Main, South Bluff, South Main,
South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, and Wash-
ington Street subareas; and
Whereas, the Greater Downtown Urban Renewal District, as so amended, recently
was combined with the Quebecor Economic Development District to form a single urban
renewal area governed by the terms of an Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal District, under which additional subareas de-
scribed as the North Kerper Boulevard Subarea and the Quebecor Subarea were estab-
lished as part of the Greater Downtown Urban Renewal District, all pursuant to Resolu-
tion No. 271 -12, adopted on October 1, 2012.
Whereas, Ordinance No. 88 -02 has heretofore provided for the division of taxes with-
in Quebecor Economic Development District; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness
is anticipated to be incurred in the future, to finance urban renewal project activities
within the combined area known as the Greater Downtown Urban Renewal District (the
"Greater Downtown Urban Renewal District "), and the continuing needs of redevelop-
ment within the Greater Downtown Urban Renewal District are such as to require the
continued application of the incremental tax resources of the Greater Downtown Urban
Renewal District; and
Whereas, the following enactment is necessary to accomplish the objectives de-
scribed in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Nos. 33 -11, and 88 -02, are hereby combined and amended to read as fol-
lows:
Section 1: For purposes of this Ordinance, the following terms shall have the follow-
ing meanings:
(a) Town Clock Subarea shall mean that portion of the Amended Project Area ini-
tially described in the Urban Renewal Plan for the Downtown Dubuque Urban Re-
newal Project, Iowa R -15, approved by Resolution No. 123 -67 on May 18, 1967, as
amended by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 108 -07 on February 20th,
2007, which Town Clock Subarea includes the lots and parcels located within the ar-
ea now legally described as follows:
Beginning at the intersection of the north right -of -way line of Ninth Street with the
east right -of -way line of Central Avenue; thence south along the east right -of -way line
of Central Avenue to its intersection with the south right -of -way line of Fourth Street;
thence west along the south right -of -way line of Fourth Street to its intersection with
the west right -of -way line of Locust Street; thence north along the west right -of -way
line of Locust Street to its intersection with the north right -of -way line of Ninth Street,
but also including the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the
Locust Street Parking Ramp between 8th and 9th Streets and the former U.S. Feder-
53
al Building located on City Lots 101, 102, 139, 140, and the N 54.5' of City Lots 103
& 138, and the vacated alley between said lots; thence east along the north right -of-
way line of Ninth Street to its intersection with the east right -of -way line of Central
Avenue, but also including the adjacent Iowa Inn property and the public parking lot
known as Parking Lot Number 1 located between 9th and 10th Streets east of Iowa
Street, to the point of beginning.
(b). Old Main Subarea shall mean that portion of the Amended Project Area ini-
tially described in the Amended and Restated Urban Renewal Plan for the Down-
town Dubuque Urban Renewal District approved by Resolution No. 145 -94 on May
2, 1994, which Old Main Subarea includes the lots and parcels located within the
area legally described as follows:
Beginning at the intersection of the south right -of -way line of Fourth Street with
the east right -of -way line of Central Avenue; thence west along the south right -of-
way line of Fourth Street to the west right -of -way line of Locust Street; thence
south along the west right -of -way line of Locust Street to the north right -of -way line
of the Locust Street Connector; thence east along the north right -of -way line of the
Locust Street Connector to the west right -of -way line of Highways 151/61; thence
north along the west right -of -line of Highways 151/61 to the point of beginning.
(c). Town Clock Expansion Subarea shall mean that portion of the Town Clock
Subarea initially described in the Amended and Restated Urban Renewal Plan for
the Downtown Dubuque Urban Renewal District approved by Resolution No. 479-
97 on November 17,1997, which Town Clock Expansion Subarea includes the lots
and parcels located within the area legally described as follows:
South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City
Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot
263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in
Section 24, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Io-
wa and any adjoining public right -of -way.
(d). Upper Main Subarea shall mean that portion of the Amended Project Area
initially described in the Amended and Restated Urban Renewal Plan for the
Downtown Dubuque Urban Renewal District approved by Resolution No. 187 -02
on April 1, 2002, as amended by the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District approved by Resolution
No. 108 -07 on February 20th, 2007, which Upper Main Subarea includes the lots
and parcels located within the area legally described as follows:
On the North by Fourteenth Street, on the West by Locust Street but also in-
cluding adjacent City Lots 660, 659, 658A and 658 except the south 1' of City Lot
658 (Carnegie -Stout Public Library), on the South by the Town Clock Expansion
Subarea and on the East by Central Avenue, including all public rights -of -way.
(e). Ice Harbor Subarea A shall mean that portion of the Amended Project Ar-
ea initially described in the Urban Renewal Plan for the Ice Harbor Urban Re-
newal District approved by Resolution No. 403 -89 on December 18, 1989, which
Ice Harbor Subarea A includes the lots and parcels located within the area legally
described as follows:
that area generally bounded on the north by the public alley located between
the vacated Fourth Street and Third Street, on the west by the Chicago, Central
and Pacific Railroad right -of -way, on the south by East First Street and on the
east by the municipal limits of the City of Dubuque, Iowa and including any ad-
joining public right -of -way.
54
(f). Ice Harbor Subarea B shall mean that portion of the Amended Project Area
initially described in the Amended and Restated Urban Renewal Plan for the Ice
Harbor Urban Renewal District approved by Resolution No. 241 -00 on June 5,
2000, which Ice Harbor Subarea B includes the lots and parcels located within
the area legally described as follows:
that area generally bounded on the north and west by the Chicago, Cen-
tral and Pacific Railroad right -of -way, on the south by the northerly bounda-
ry of the Ice Harbor Subarea A and on the east by the municipal limits of the
City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Addition) and in-
cluding any adjoining public right -of -way.
(g). Ice Harbor Subarea C shall mean a portion of the Amended Project Area
added by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 108 -07 on February 20th
2007, consisting of Lot 1 Adams Co.'s 2nd Addition and any adjoining public right -
of -way.
(h). Warehouse Subarea shall mean a portion of the Amended Project Area
added by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 597 -07 on December 17,
2007, which Warehouse Subarea includes the lots and parcels located within the
area legally described as follows:
Commencing as a point of reference at the intersection of the centerlines of
11th Street and Central Avenue in the City of Dubuque, Dubuque County, Iowa,
said point being the point of beginning; thence northeasterly along the center-
line of 11th Street to a point of intersection with the centerline of White Street;
thence northwesterly along the centerline of White Street to a point of intersec-
tion with the centerline of 12th Street; thence northeasterly along the centerline
of 12th Street and extension thereof to a point of intersection with the centerline
of US Highways 151 and 61; thence southwesterly along the centerline of US
Highways 151 and 61 to a point of intersection with the centerline of 4th Street
extended; thence southwesterly along the centerline of 4th Street and extension
thereof to a point of intersection with the centerline of Central Avenue; thence
northwesterly along the centerline of Central Avenue to a point of intersection
with the centerline of 9th Street; thence southwesterly along the centerline of 9th
Street to a point of intersection with the westerly line of City Lot 259 extended
southerly; thence northwesterly along the westerly line of City Lot 259, and Lots
1 and 2 of the Subdivision of the South % of City Lot 261 and City Lot 260 to the
southwest corner of the N % of City Lot 261; thence northeasterly along the
southerly line of the N % of City Lot 261 and extension thereof to a point of in-
tersection with the centerline of Central Avenue; thence northwesterly along the
centerline of Central Avenue to a point of intersection of 11th Street also being
point of beginning; and including any adjoining public right -of -way.
(i). South Main Subarea shall mean a portion of the Amended Project Area
added by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 597 -07 on December
17, 2007, which South Main Subarea includes the lots and parcels located within
the area legally described as follows:
Commencing as a point of reference at a point of intersection of the
centerline of Locust Street with the Locust Street Connector in the City of
Dubuque, Dubuque County, Iowa, said point being the point of beginning;
55
thence northeasterly along the centerline of the Locust Street Connector
to a point of intersection with the centerline of US Highways 52, 61, and
151; thence southeasterly along the centerline of US Highways 52, 61,
and 151 to a point of intersection with the centerline of the eastern section
of Jones Street extended southwesterly; thence southwesterly along said
extension of the centerline of the eastern section of Jones Street to a point
of intersection with the centerline of Main Street; thence northwesterly
along the centerline of Main Street to a point of intersection with the cen-
terline of Jones Street; thence northwesterly along the centerline of Jones
Street to a point of intersection with the easterly line of Lot 2D of vacated
Shields Street extended northerly; thence southeasterly along the easterly
line of Lot 2D of vacated Shields Street to the southeasterly corner of said
Lot 2D; thence southwesterly along the southerly lines of Lot A and Lot 2D
of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended westerly
to a point of intersection with the centerline of Locust Street; thence north-
easterly along the centerline of Locust Street to a point of intersection with
the centerline of the Second Street Connector, also being the point of be-
ginning; and including any adjoining public right -of -way.
(j). South Port Subarea shall mean a portion of the Amended Project Area
added by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 300 -08 on September
2, 2008, which South Port Subarea includes the lots and parcels located within
the area legally described as follows:
Beginning at a point of reference at the northwest corner of lot 2AA of
Cooper Wagon Works Block in the City of Dubuque, Dubuque County Io-
wa, said pint being on the southerly right of way line of East First Street;
Thence southeasterly along the southerly right of line of East First Street
and extension thereof to the municipal limits of the City of Dubuque;
Thence southerly along said municipal limits to a point of intersection with
the southern right of way line of Railroad Ave. extended easterly; Thence
southwesterly along said right of way line extension there to the southeast
corner of lot A, Block 15 Dubuque Harbor Company's Addition; Thence
northwesterly along the easterly line of said Lot A to the northerly right of
way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque
Harbor Company's Addition; Thence northwesterly along the westerly
lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the
south line of lot 4A of said Block 17; Thence westerly to the easterly right
of way line of vacated Water Street; Thence northwesterly along said
easterly line to the southwesterly corner of lot 2 of said Block 17; Thence
westerly along the extension of the southerly line of said Lot 2 to the west-
erly line of Vacated Water Street; Thence southeasterly along said wester-
ly right of way line to the southerly corner of lot 2 of Block 18 of Dubuque
Harbor Company's Addition; Thence northwesterly along the westerly line
of said lot 2 to a point of intersection with the southerly right of way line of
vacated Charter St; Thence southwesterly along said right of way line and
extension thereof the centerline of South Main Street; Thence northwest-
erly along said centerline to the northerly line of lot 5, Block 13 Dubuque
Harbor Company's Addition extended northeasterly; Thence southwesterly
along said line to the easterly line of lots 7 and 8 of said Block 13; Thence
56
southeasterly along the easterly lines of said lots 7 & 8 and extension
thereof to the centerline of Charter Street; Thence southwesterly along
said centerline to the centerline of Salina Street; Thence northwesterly
along said centerline to the northerly line of lot 1 of 3 of Block C of Indus-
trial Sub. No. 1 extended northeasterly; Thence southwesterly along the
northerly lines of said lot 1 of 3 and Lot 2 of said Block C extended to the
westerly right of way line of Harrison St.; Thence northerly along the east-
erly line of the West Part of Lot 1 of 1 of 1 of 1 of P.J. Seippel Lumber
Company Place; Thence westerly along the southerly lines of lots 1 of 1 of
2 of 1 and Lot 2 of 1 of 2 of 1 and extension thereof to the centerline of re-
located South Locust St; Thence northerly along said centerline to the
centerline of Dodge St; Thence easterly along said centerline of Dodge
Street to a point of intersection with the westerly line of Lot E of vacated
Shields Street extended southerly; Thence northerly along said westerly
line to the northwest corner of said lot E; Thence easterly along the north
line of said lot E and Lot 6 Block 11 of Dubuque Harbor Company's Addi-
tion and extension thereof to the centerline of Main Street; Thence south-
easterly along the centerline of Main St. to the centerline of Dodge Street;
Thence easterly along the centerline of Dodge St to the intersection of
Highway 61/151; Thence northwesterly along said centerline to a point of
intersection with the southerly right of way line of East First Street; Thence
southeasterly along said right of way line to the point of beginning.
(k). Cable Car Subarea shall mean a portion of the Amended Project Area
added by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 393 -09 on October 5,
2009, which Cable Car Subarea includes the lots and parcels located within the
area legally described as follows:
Commencing as a point of reference at the intersection of the center-
lines of Second Street and Locust Street in the City of Dubuque, Dubuque
County, Iowa, said point being the point of beginning; Thence southeaster-
ly along the centerline of Locust Street to a point of intersection with the
centerline of First Street; Thence southwesterly along the centerline of
First Street to a point of intersection with the centerline of Bluff Street;
Thence northwesterly along the centerline of Bluff Street to a point of in-
tersection with the centerline of Emmett Street; Thence southwesterly
along the centerline of Emmett Street to a point of intersection with the
centerline of St. Mary's Street; Thence northwesterly along the centerline
of St. Mary's Street and to a point of intersection with the northerly line of
Cathedral Center extended southwesterly; Thence northeasterly along the
northerly line of Cathedral Center to a point of intersection with the wester-
ly right of way line of Bluff Street; Thence northwesterly along said wester-
ly right of way line of Bluff Street and extension thereof to a point of inter-
section with the centerline of Third Street; Thence southwesterly along the
centerline of Third Street to a point of intersection with the westerly line of
Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692 extend-
ed southerly; Thence northwesterly along said westerly line to a point of
intersection with the southerly line of Fenelon Point Subdivision; Thence
northeasterly along said southerly line to a point of intersection with the
westerly line of Lot 2 of 2 of City Lot 692;Thence northwesterly along said
57
westerly line and westerly line of Lot 1 of 2 of City Lot 692 to a point of in-
tersection with the southerly right of way line of W. Fourth Street; Thence
northeasterly across W. Fourth Street to the southwest corner of Lot 1 of
Evan's Place, said point also being on the northerly right of way line of W.
Fourth Street; Thence northwesterly along the west line of said Lot 1 to
the southeast corner of Lot 34 of Cooper Heights Addition; Thence contin-
uing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of
Cooper Heights Addition to a point of intersection with the southerly right
of way line of W. Fifth Street; Thence northeasterly to a point of intersec-
tion in the centerline of W. Fifth Street approximately 270 feet southwest-
erly of the centerline of Bluff Street; Thence northwesterly along the cen-
terline of W. Fifth Street to a point of intersection with the southerly line of
Coriell's Dubuque also being the northerly right of way line of W. Fifth
Street; Thence northeasterly along said right of way line of W. Fifth St. to
the southwest corner of Lot 1 of City Lot 690;Thence northwesterly along
the westerly line of said Lot 1 to the northwest corner of said Lot 1;Thence
northeasterly along the northerly line of said Lot 1 to the northeast corner
of said Lot 1;Thence southeasterly along the easterly line of said Lot 1 to a
point of intersection with the northerly line of the south 62.5 ft. of the north
64 ft. of City lot 617;Thence northeasterly along said northerly line and ex-
tension thereof to a point of intersection with the centerline of Bluff Street;
Thence southeasterly along the centerline of Bluff Street to a point of in-
tersection with the northerly line of the south 10 ft. of City Lot 138 extend-
ed southwesterly; Thence northeasterly along said northerly line and nor-
therly line of the south 10 ft. of the south 34.6 ft. of City Lot 103 and ex-
tension thereof to a point of intersection with the centerline of Locust
Street; Thence southeasterly along the centerline of Locust Street to a
point of intersection with the centerline of Second Street, said point being
the point of beginning.
(I) Bluff Street Subarea shall mean a portion of the Amended Project Area
added by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 269 -10 on July 19,
2010, which Bluff Street Subarea includes the Tots and parcels located within the
area legally described as follows:
Commencing as a point of reference at the intersection of the centerlines
of W. Sixth Street and Bluff Street in the City of Dubuque, Dubuque Coun-
ty, Iowa, said point being the point of beginning; thence southeasterly
along the centerline of Bluff Street to a point of intersection with the nor-
therly line of the south 62.5 ft. of the north 64 ft. of City Lot 617 extended
southeasterly; thence southwesterly along said northerly line to the easter-
ly line of Lot 1 of City Lot 690; thence northwesterly along the easterly line
of said Lot 1 to the northeast corner of said Lot 1; thence southwesterly
along the northerly line of said Lot 1 to the northwest corner of said Lot 1;
thence southeasterly along the westerly line of said Lot 1 to a point of in-
tersection with northerly right of way line of W. Fifth Street; thence south-
westerly along said right of way line of W. Fifth St. to the southeast corner
of the South 73' of Lot 13 of Coriell's Dubuque; thence northwesterly 73'
along the easterly line of said South 73' of Lot 13 of Coriell's Dubuque to
the northeast corner of the South 73' of Lot 13 of Coriell's Dubuque;
58
thence southwesterly along the northerly line of said South 73' of Lot 13 of
Coriell's Dubuque to a point of intersection with westerly line of Lot 13 of
Coriell's Dubuque; thence northwesterly along said westerly line of Lot 13
to a point of intersection with the southerly line of Lot 33 of Coriell's Dubu-
que; thence northeasterly along said southerly line of Lot 33 to a point of
intersection with the westerly line of Lot 14 of Coriell's Dubuque' thence
northwesterly along said westerly line of said Lot 14 to a point of intersec-
tion with the southerly line of Lot 34 of Coriell's Dubuque; thence north-
easterly along said southerly line of Lot 34 to the easterly line of Coriell's
Dubuque; thence northwesterly along said easterly line Lots 34, 35, 36,
37, 38, and 44 of Coriell's Dubuque to the northwest corner of the North
50' of Lot 1 of Lot 1 of City Lot 653; thence northeasterly along the nor-
therly line of said North 50' of Lot 1 of Lot 1 of City Lot 653 to the south-
east corner of Lot 1 of McKinley's Subdivision; thence northwesterly along
said easterly line of said Lot 1 and extension thereof to a point of intersec-
tion with the centerline of West Eighth Street; thence northwesterly along
said centerline of West Eighth Street to a point of intersection with the
westerly line of Lot 1 of the Subd'n. of City Lot 688 and part of City Lot 654
extended southerly; thence northwesterly along said westerly line of Lot 1
and extension thereof northerly to a point of intersection with the center-
line of West Ninth Street; thence southwesterly along the centerline of
West Ninth Street to a point of intersection with the southerly extension of
the westerly line of Lot 2 of Lot 12 of Central Addition; thence northwester-
ly along said westerly right of Lot 2 of Lot 12 to the northwest corner of
said Lot; thence northeasterly along the northerly line of said Lot 2 of Lot
12 to the northeast corner of said Lot; thence southeasterly along said
easterly line of said Lot 2 of Lot 12 to the southwest corner of Lot 1 of Lot
11 of Central Addition; thence northeasterly along the southerly line of Lot
1 of Lot 11 and Lot 1 of Lot 10 of Central Addition to a point of intersection
with the westerly line of Lot 1 of Lot 9 of Central Addition; thence north-
westerly along said westerly line of Lot 1 of Lot 9 to a point of intersection
with the southerly right of way line of a public alley in Central Addition;
thence northeasterly along said southerly line to a point of intersection
with the westerly line of Lot 1 of 1 of 10 of Lorimer's Subdivision; thence
northwesterly along said westerly line of said Lot 1 of 1 of 10 to the nor-
therly line of Lorimer's Subdivision; thence northeasterly along the norther-
ly line of Lorimer's Subdivision to the southeast corner of a public alley be-
tween Corkery's Subdivision and City Lot 655; thence northwesterly along
the easterly right of way line of said alley to a point of intersection with
West Eleventh Street; thence southwesterly along centerline of West
Eleventh Street to a point of intersection with the centerline of Grove Ter-
race; thence northwesterly along centerline of Grove Terrace to a point of
intersection with the northerly right of way line of Arlington Street; thence
northeasterly along the northerly right of way line of Arlington Street to the
southeast corner of City Lot 769B; thence northwesterly along the easterly
line of said City Lot 769B to a point of intersection with the southerly line of
Lot 3 of Brown's Subdivision; thence southwesterly along the southerly
line of said Lot 3 to the southwest corner of said lot; thence northwesterly
along the westerly line of said Lot 3 and extension thereof to a point of in-
59
tersection with the centerline of Loras Boulevard; thence northeasterly
along said centerline to a point of intersection with the centerline of Locust
Street; thence southeasterly along the centerline of Locust Street to a
point of intersection with the centerline of W. Eleventh Street; thence
southwesterly along the centerline of W. Eleventh Street to a point of in-
tersection with the centerline of Bluff Street; thence southeasterly along
the centerline of Bluff Street to a point of intersection with the extension of
the southerly line of City Lot 658A; thence northeasterly along the souther-
ly line of City Lot 658A extended and the southerly line of City Lot 658, ex-
cept the southerly one foot thereof, extended to a point of intersection with
the centerline of Locust Street; thence southeasterly along the centerline
of Locust Street to a point of intersection with the centerline of West Ninth
Street; thence southwesterly along the centerline of West Ninth Street to a
point of intersection with the centerline of Bluff Street; thence southeaster-
ly along the centerline of Bluff Street to a point of intersection with the cen-
terline of West Eighth Street; thence northeasterly along the centerline of
West Eighth Street to a point of intersection with the centerline of Locust
Street; thence southeasterly along the centerline of Locust Street to a
point of intersection with the northerly line of City Lot 624 extended north-
easterly; thence southwesterly along the northerly line of City Lot 624 ex-
tended southeasterly to the centerline of a public alley; thence southeast-
erly along the centerline of a public alley to a point of intersection with the
centerline of W. Seventh Street; thence northeasterly along the centerline
of W. Seventh Street to a point of intersection with Locust Street; thence
southeasterly along the centerline of Locust Street to a point of intersec-
tion with West Sixth Street; thence southwesterly along the centerline of
West Sixth Street to a point of intersection with Bluff Street said point be-
ing the point of beginning.
(m). South Bluff Street Subarea shall mean that portion of the Amended Pro-
ject Area added by the Amended and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District approved by Resolution No. 86 -11 on
March 7, 2011, which South Bluff Street Subarea includes the lots and parcels
located within the area legally described as follows:
Commencing as a point of reference at the intersection of the center-
lines of Emmett Street and Bluff Street in the City of Dubuque, Dubuque
County, Iowa, said point being the point of beginning; thence southeaster-
ly along the centerline of Bluff Street to a point of intersection with the cen-
terline W. First Street; thence southwesterly along the centerline W. First
Street to the centerline of Bluff Street; thence southwesterly along the cen-
terline of Bluff Street to a point of intersection with the centerline Dodge
Street; thence southwesterly along the centerline Dodge Street to a point
of intersection with the easterly line of Lot 3 of City Lot 694 extended
southeasterly; thence northwesterly along the easterly line of said Lot 3 of
City Lot 694 and Lot 1 -1 and 2 -1 of City Lot 694 to the southwest corner of
Lot 1 -2 of City Lot 694; thence northeasterly along said southerly line of
said Lot 1 -2 of City Lot 694 to the southeast corner of said Lot; thence
northwesterly along said easterly line of Lot 1 -2 of City Lot 694 to a point
of intersection with the southerly line of Lot 12 of Saint Raphael's Addition;
thence northeasterly along said southerly line of said Lot 12 and extension
60
thereof to the centerline of St. Mary's Street; thence northwesterly along
the centerline of St. Mary's Street to a point of intersection with the center-
line of Emmett St.; thence northeasterly along the centerline of Emmett St.
to centerline of Bluff Street, said point being point of beginning.
(n). Kerper Boulevard Subarea shall mean that portion of the Amended Project
Area initially described in the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District approved by Resolution No. 155-
11 on May 2, 2011, which Kerper Boulevard Subarea includes the lots and par-
cels located within the area legally described as follows:
Lot 1 -2, Lot 2 -2, Lot 2A, Lot 3 and Lot 6 all in Kerper Industrial Park in
the City of Dubuque, Dubuque County, Iowa, also including the entire right
of way of Kerper Court and the westerly portion of Kerper Boulevard right
of way from the abutting Kerper Court right of way and Lot 3 of Kerper In-
dustrial Park to the centerline of Kerper Boulevard.
(o). Washington Neighborhood Subarea shall mean that portion of the
Amended Project Area added by the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District approved by Resolution
No. 155 -11 on May 2, 2011, which Washington Neighborhood Subarea includes
the lots and parcels located within the area legally described as follows:
Commencing as a point of reference at the intersection of the center-
lines of Central Avenue and Loras Boulevard in the City of Dubuque,
Dubuque County, Iowa, said point being the point of beginning; Thence
southwesterly along the centerline of Loras Boulevard to a point of inter-
section with the westerly line of Lot 3 of Brown's Subdivision extended
northerly; Thence northerly to the southwest corner of Lot 2 -3 of City Lot
667; Thence northwesterly along the westerly line of said Lot 2 -3; Thence
northeasterly along the northerly line of said Lot 2 -3 to a point of intersec-
tion with the southeasterly line of Lot 1 -3 of City Lot 667; Thence north-
easterly along the said southeasterly line to the northeast corner of said
Lot 1 -3; Thence southwesterly along the northerly line of said Lot 1 -3 to a
appoint of intersection with the easterly right of way line of Montrose Ter-
race; Thence northwesterly along said the easterly right of way line to a
point of intersection with the easterly right of way line of a public alley be-
tween D. N. Cooley's Subdivision and Fairview Subdivision; Thence con-
tinuing northwesterly along said the easterly alley line to a point of inter-
section with the southerly right of way line of W. 17th Street; Thence
northwesterly crossing W. 17th St. to the most easterly corner of Lot 2 -1 -1-
2 of City Lot 670, said point being at the point of intersection of the north
right of way of W. 17th St. and westerly right of way line of W. Locust St.;
Thence southwesterly along the north right of way of W. 17th St. to south-
east corner of Lot 1 -2 -2 of City Lot 670; Thence northwesterly along the
easterly lines of Lot 1 -2 -2 and Lot 2 -2 -2 of City Lot 670 to a point of inter-
section with the southerly right of way line of Clark St.; Thence northwest-
erly crossing Clark St. to the southeasterly corner of Welsh Place; Thence
northwesterly along the easterly line of said Welsh Place to the northeast
corner thereof; Thence southwesterly along the northerly line of said
Welsh Place to a point of intersection with the easterly right of way line of
a public alley along the westerly side of A. L. Bowen's Subdivision;
Thence northwesterly along said easterly right of way line to a point of in-
61
tersection with the southerly right of way line of Angella Street; Thence
southwesterly along said southerly right of way line to the northeast corner
of Lot 12 of Gilliam's Subdivision; Thence northwesterly crossing Angella
St. to the most southerly corner of Lot 1 of Gilliam's Subdivision said point
being on the northerly right of way line of Angella St.; Thence northwester-
ly along the westerly line of said Lot 1 to a point of intersection with the
southerly line of Lot 2 of Alvin Haas Place; Thence southwesterly along
the southerly line of Lot 1 and Lot 2 of Alvin Haas Place and the southerly
line of the Westerly 40 feet of Lot 3 of Quigley's Subdivision of Out Lot 710
to the most easterly corner of Lot 24 of Quigley's Subdivision of Out Lot
710; Thence westerly along the southerly boundary of Lots 4 through Lots
15 of Quigley's Subdivision Out Lot 710 and the southerly line of Lots 9A,
10 and 11 of Quigley's Subdivision Out Lot 711 to a point of intersection
with the easterly right of way line of Pierce Street; Thence northerly along
said easterly right of way line and extension thereof to a point of intersec-
tion with the northerly right of way line of W. Locust Street; Thence easter-
ly along said northerly right of way line to the easterly right of way line of
Foye Street; Thence northerly along said easterly right of way line to a
point of intersection with the southerly right of way line of a public alley ly-
ing between Almond and W. Locust Sts.; Thence easterly along said
southerly right of way line to a point of intersection with the westerly right
of way line of Ellis Street; Thence southeasterly along said westerly right
of way line to a point of intersection with the northerly right of way line of
W. Locust Street; Thence southeasterly crossing Ellis St. to a point of in-
tersection with the easterly right of way line of Ellis St. at the southerly
right of way line of Dorgan Place; Thence easterly along said southerly
right of way line of Dorgan Place to the northeast corner of Lot 1 -14 of
Dorgan's Subdivision; Thence easterly crossing Dorgan Place to the
southwest corner of Lot 5 -2 of City Lot 673; Thence northerly along the
westerly line of said Lot 5 -2 to the northwest corner thereof; Thence east-
erly along the northerly line of said Lot 5 -2 to a point of intersection with
the westerly right of way line of Madison Street; Thence easterly crossing
Madison St. to the most westerly corner of Lot A -2 -1 of City Lot 674, said
point being on the easterly right of way line of Madison St. Thence easter-
ly along the northerly line of said Lot A -2 -1 to a point of intersection with
the easterly right of way line of Main Street; Thence northerly along said
easterly right of way line to the northwest corner of Lot 2 -1 of City Lot 674;
Thence easterly and continuing northeasterly along the northerly lines of
Lot 2 -1, Lot 2 -2, Lot 2 -1 -3, Lot 1 -2 -3 all of the subdivision of City Lot 674
to a point of intersection with the westerly line of Lot 4 of City Lot 674;
Thence northwesterly along said westerly line to a point of intersection
with the southerly line of Lot 1 -1 -2 of Duncan's Subdivision; Thence north-
easterly along said southerly line and southerly line of Lot 1 and Lot 2 of
M. A. Rebman's Subdivision and extension thereof to a point of intersec-
tion with the easterly right of way line of Heeb Street; Thence northwester-
ly along said easterly right of way line to a point of intersection with the
northerly right of way line of Clarke Drive; Thence northwesterly along said
northerly right of way line to a point of intersection with the easterly right of
way line of Heeb Street lying between Central Avenue and Shelby Street;
62
Thence northwesterly along said easterly right of way line to a point of in-
tersection with the southerly right of way line of Kaufmann Avenue;
Thence easterly along said southerly right of way line to a point of inter-
section with the southerly extension of the easterly right of way line of a
public alley lying between Central Ave. and Francis Street; Thence north-
westerly along said easterly right of way line to a point of intersection with
the southerly right of way line of W. 23rd Street; Thence southwesterly
along said southerly right of way line to the northwest corner of the East
One -Half of Lot 11 of Tivoli Addition; Thence northwesterly crossing W.
23rd St. to the southwesterly corner of Lot 1 of Valeria Place No. 2; Thence
northwesterly along the westerly line of said Lot 1 to a point of intersection
with the southerly line of Lot 2 of said Valeria Sub. No. 2; Thence south-
westerly along the southerly line of said Lot 2 to the southwest corner
thereof; Thence northwesterly along the westerly line of said Lot 2 to a
point of intersection with the southerly line of Lot 2 -1 of Valeria Place;
Thence northeasterly along said southerly line to the southeasterly corner
of said Lot 2 -1; Thence northwesterly along the easterly line of said Lot 2-
1 the northeast corner thereof, said point also being the southeasterly right
of way line of Carr St.; Thence northwesterly along the easterly right of
way line of Carr St. to a point of intersection with the southerly right of way
line of W. 24th Street; Thence northeasterly along said southerly right of
way line to a point of intersection with the southerly extension of the east-
erly right of way line of Division Street; Thence northwesterly along said
easterly right of way line to the northwest corner of Lot 8 of Wullweber's
Subdivision; Thence southwesterly along the southerly line of John King's
Subdivision to the southwest corner of the West 33.98 feet of Lot 1 -6 of
John King's Subdivision; Thence northwesterly along the westerly line of
the West 33.98 feet of Lot 1 -6 of John King's Subdivision to the northwest
corner thereof; Thence northeasterly along the northerly line of said West
33.98 feet to the southwest corner of Lot 1 of the East 329.98 feet of Lot 8
of John King's Subdivision; Thence northwesterly along the westerly line
of said Lot 1 to a point of intersection with the southerly line of the NE1 /4
of said Lot 8; Thence southwesterly along said southerly line to the south-
west corner of said NE1 /4 of Lot 8; Thence northwesterly along the west-
erly lines of the NE1 /4 of Lot 8, the SE1 /4 of Lot 10, the NE1 /4 Lot 10 and
the E1/2 of Lot 12 all in John King's Subdivision to the northwest corner of
said E1/2 of Lot 12; Thence northeasterly along the northerly line of said
El /2 of Lot 12 to the southwest corner of Lot 1 -1 -1 of the El /2 of Lot 14 in
John King's Subdivision; Thence northwesterly along the westerly lines of
Lot 1 -1 -1 of the E1/2 of Lot 14 John King's Subdivision to the northwest
corner thereof; Thence northeasterly along the northerly line of said Lot 1-
1-1 to a point of intersection with the westerly right of way line of Central
Avenue; Thence northeasterly crossing Central Avenue to a point of inter-
section of the easterly right of way line of Central Avenue and the norther-
ly right of way line of E. 25th Street; Thence northeasterly along said nor-
therly right of way line and extension thereof to a point of intersection with
the easterly right of way line of Elm Street; Thence southeasterly along
said easterly right of way line to a point of intersection with the northerly
right of way line of E. 24t Street; Thence northeasterly along said norther-
63
ly right of way line and extension thereof to a point of intersection with the
easterly right of way line of Windsor Avenue; Thence southeasterly along
said easterly right of way line to a point of intersection with the northerly
right of way line of E. 22nd Street; Thence northeasterly along said nor-
therly right of way line to a point of intersection with the westerly right of
way line of Stafford Street; Thence northeasterly crossing Stafford Street
to a point of intersection of the easterly right of way line of Stafford Street
and the northerly right of way line of Thomas Place; Thence southeasterly
along said easterly right of way line of Stafford Street and extension
thereof to a point of intersection with the southerly right of way line of Gar-
field Avenue; Thence southwesterly along said southerly right of way line
to a point of intersection with the centerline of Stafford Street extended
southeasterly; Thence southeasterly along the centerline of Stafford Street
extended to a point of intersection with the northwesterly line of Lot 2 -2 of
Kerper Industrial Park; Thence southwesterly along said northwesterly line
of Lot 1 -2 of Kerper Industrial Park to the northernmost point of Lot 1 of
Kerper Industrial Park; Thence southwesterly along the westerly line of
said Lot 1 to a point of intersection with the northerly right of way line of E.
16th Street; Thence southwesterly along said northerly right of way line to
the easterly right of way line of Pine Street; Thence southeasterly crossing
E. 16th Street along said easterly right of way of Pine St. extended to a
point of intersection with the southerly right of way line of E. 16th St.;
Thence southwesterly along said southerly right of way line to a point of
intersection with the easterly right of way line of Elm Street; Thence
southeasterly along said easterly right of way line to a point of intersection
with the northerly right of way line of E. 15th Street; Thence southwesterly
along said northerly right of way line to a point of intersection with the
westerly right of way line of Elm Street; Thence southeasterly along said
westerly right of way of Elm Street and extension thereof to a point of in-
tersection with the centerline of E. 12th Street; Thence southwesterly along
the said centerline of E. 12th Street to a point of intersection with the cen-
terline of White Street; Thence southeasterly along said centerline of
White Street to a point of interjection with the centerline of E. 11th Street;
Thence southwesterly along said centerline of E. 11th Street to a point of
intersection with the centerline of Central Avenue; Thence northwesterly
along said centerline of Central Avenue to a point of intersection with the
centerline of Loras Boulevard, said point being the point of beginning.
(p). Industrial Harbor Subarea shall mean that portion of the Amended Project
Area added by the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District approved by Resolution No. 155 -11 on May 2,
2011, which Industrial Harbor Subarea includes the lots and parcels located with-
in the area legally described as follows:
Commencing as a point of reference at the intersection of the centerline
of E. 12th Street and the westerly right of way of Elm Street extended
southeasterly, in the City of Dubuque, Dubuque County, Iowa, said point
being the point of beginning; Thence northwesterly along said westerly
right of way line of Elm Street and extension thereof to a point of intersec-
tion with the northerly right of way line of E. Fifteenth Street; Thence
northeasterly along said northerly right of way line to a point of intersection
64
with the westerly right of way line of a public alley lying between Pine
Street and Maple Street; Thence northwesterly along said westerly right of
way line to the northeast corner of the North 35 feet of Lot 255 in East
Dubuque Addition; Thence southwesterly along the northwesterly line of
said Lot to a point of intersection with the easterly right of way line of Pine
Street; Thence northwesterly along said easterly right of way line and ex-
tension thereof to the northerly right of way line of E. 16th Street; Thence
northeasterly along said northerly right of way line to the southwest corner
of Lot 1 of Kerper Industrial Park; Thence northwesterly and continuing
northeasterly along the westerly line of said Lot 1 to the most northerly
corner thereof; Thence southwesterly along the westerly lines of Lot 1 -2
and Lot 2A of Kerper Industrial Park to the southwest corner of said Lot
2A; Thence northeasterly along the southerly line of said Lot 2A to the
southeast corner thereof; Thence northwesterly along the easterly line of
said Lot 2A to the southwest corner of Lot 6 of Kerper Industrial Park;
Thence northeasterly along the southerly line of said Lot 6 to the south-
east corner thereof; Thence northwesterly along the easterly line of said
Lot 6 to the northeast corner thereof and point of intersection with the
southerly right of way line of Kerper Court; Thence northeasterly along
said southerly right of way line and extension thereof to a point of intersec-
tion with the centerline of Kerper Blvd; Thence northwesterly along said
centerline to a point of intersection with the northerly line of Lot 3 of Kerper
Industrial Park extended easterly; Thence northwesterly along said ex-
tended line to the northeast corner of said Lot 3, said point also being on
the westerly right of way line of Kerper Blvd.; Thence northerly along said
right of way line to a point of intersection with the northeasterly right of
way line of Fengler St.; Thence southeasterly along the extension of said
northeasterly right of way line crossing Kerper Blvd. to a point of intersec-
tion with the westerly line of Lot 1A of Block 7 River Front Subdivision No.
3, said point being on the easterly right of way line of Kerper Blvd.; Thence
southeasterly along said easterly right of way line to a point of intersection
with the northerly right of way line of E. 16th Street; Thence southeasterly
crossing E. 16th Street to a point of intersection of the south right of way
line of E. 16th St. and the east right of way line of Kerper Blvd.; Thence
northeasterly along the southerly right of way line of E. 16th St. to a point
of intersection with the westerly shore of Peosta Channel; Thence south-
easterly continuing along the westerly shore of Mississippi River adjacent
to the following: Kerper Blvd., River Front Subdivision No. 2, Part of Gov-
ernment Lot 3, Section 19, T89N, R3E, 5th P.M., Parts of Congressional
Lot 8 in Section 19, T89N, R3E, 5th P.M, Dubuque Harbor Improvement
Company's Addition, and River Front Subdivision No. 1, to a point of inter-
section with the northerly line of Ice Harbor Urban Renewal Subarea B,
described as "that area generally bounded on the north and west by the
Chicago, Central and Pacific Railroad right -of -way, on the south by the
northerly boundary of Subarea A and on the east by the municipal limits of
the City of Dubuque including any adjoining public right -of -way; Thence
northwesterly and continuing southwesterly along the northerly and west-
erly sides of Ice Harbor Urban Renewal District Subarea B to a point of in-
tersection with the southerly right of way line of E. 4th street; Thence
65
southwesterly along said southerly right of way line to a point of intersec-
tion with the centerline of U.S. Highways 61/151; Thence northeasterly
along said centerline to a point of intersection with the centerline of E. 12th
Street; Thence southwesterly along said centerline to a point of intersec-
tion with the westerly right of way line of Elm St. extended, said point be-
ing the point of beginning; Excepting therefrom, the East 7th Street Sub-
area.
(q). East 7th Street Subarea shall mean that portion of the Amended Project
Area initially described in the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District approved by Resolution No. 155-
11 on May 2, 2011, which East 7th Street Subarea includes the lots and parcels
located within the area legally described as follows:
Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, 9,
10, 11, 12, 13 and 14; Block '16 Lots 1, 2, 3, 4 and 5; and Block 17 Lots
A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, Lot
1 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 18, Lot 2 of Lot
20, Lot 2 of Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of
Lot 25, Lot 2 of Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of Lot 29,Lot
3 of Lot 30, Lot 3 of Lot 31, Lot 3 of Lot 32 all in the Dubuque Harbor Im-
provement Co.'s Addition, Township 89 North, Range 3 East of the 5th
P.M., Dubuque County, Iowa and any adjoining public right -of -way.
(r). Chaplain Schmitt Subarea shall mean that portion of the Amended Project
Area added by the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District approved by Resolution No. 155 -11 on May 2,
2011, which Chaplain Schmitt Subarea includes the lots and parcels located
within the area legally described as follows:
All of that part of the City of Dubuque lying easterly of the Peosta
Channel also known as Chaplain Schmitt Island and the area lying east of
the easterly right of way line of Kerper Boulevard between the centerline
of U.S. Highway 61/151 and the southerly right of way line of E. 16th Street
in Sections 17, 18, 19 and 20, T89N, R3E, 5th P.M. in the City of Dubuque,
Dubuque County, Iowa.
(s). North Kerper Subarea shall mean that portion of the Amended Project Ar-
ea added by the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District approved by Resolution No. 271 -12 on Octo-
ber 1, 2012, which North Kerper Subarea includes the lots and parcels located
within the area legally described as follows:
Commencing as a point of reference at the point of intersection of the cen-
terline of U.S. Highways 61 and 151 with the easterly right of way line of
Kerper Boulevard in the City of Dubuque, Dubuque County, Iowa, said
point being the point of beginning; Thence northwesterly along the easter-
ly right of way line of Kerper Boulevard to a point of intersection with the
northeasterly right of way line of Fengler Street extended; Thence north-
westerly along said line crossing Kerper Boulevard right of way to the
southerly most corner of Lot 1, Block 19 River Front Subdivision No. 3;
Thence southeasterly crossing Fengler Street right of way to the northeast
corner of Lot 3 of River Front Subdivision No. 4, said point being a point of
intersection of the southwesterly right of way line of Fengler Street with the
westerly right of way line of Kerper Boulevard; Thence continuing south-
66
easterly along said westerly right of way line of Kerper Boulevard to the
northeast corner of Lot 3 of Kerper Industrial Park; Thence westerly and
northwesterly along to north line of said Lot 3 to a point of intersection with
the westerly line of Kerper Industrial Park; Thence northeasterly along
said westerly line to the northwest corner of Kerper Industrial Park;
Thence southeasterly along the northerly line of Kerper Industrial Park to
the southwest corner of Lot 1 of Lot 2 of Lot 20 of Jaeger's Subdivision,
said point being on the southeasterly right of way line of Peosta Street;
Thence northeasterly along said right of way line to a point of intersection
with the southerly line of Lot 2 of Giese Subdivision; Thence southwesterly
along said southerly line to the southeast corner of Lot 2 of 19 of Jaeger's
Subdivision; Thence northeasterly along the easterly line of said Lot 2 of
19 to the northeast corner of said Lot 2 of 19, said point also being on the
westerly boundary of Block 19 of River Front Subdivision No. 3; Thence
northeasterly along said westerly boundary to the northwest corner of
Block 18, River Front Subdivision No. 3; Thence continuing northeasterly
along the westerly boundary of Block 18 and Block 17 of River Front Sub-
division No. 3 to a point of intersection with the southwesterly corner of Lot
1 of part of Lot 8 in McCraney's First Addition; Thence continuing north-
easterly along the westerly lines of Lot 1 of part of Lot 8, Lot 1 of part of
Lot 7, Lot 1 of Lot 2 of part of Lot 6, Lot 1 of part of Lot 6, Lot 1 of part of
Lot 5, Lot 1 of part of Lot 4, Lot 1 of part of Lot 3, Lot 1 of part of Lot 2, the
East 25 feet of part of vacated Marshall St., and Lot 2 of Lot 2 of Lot 1 all
in McCraney's First Addition to the southwest corner of Lot 1 of Lot 2 of
part of Lot 115 in Ham's Addition; Thence northeasterly along the westerly
lines of Lot 1 of Lot 2 of part of Lot 115 and Lot 1 of part of Lot 114 all in
Ham's Addition to the most westerly corner of Lot 1 of Bradley Place;
Thence northeasterly along the westerly lines of Lot 1 and Lot 2 of Bradley
Place to the most westerly corner of Lot 1 Block 15 of River Front Subdivi-
sion No. 3; Thence northeasterly along the northwesterly line of said Lot 1
Block 15 and continuing along the northwesterly line of Lot 2 of said Block
15 to the most westerly corner of Lot 2 of In- Futuro Subdivision No. 1;
Thence continuing northeasterly along the northwesterly line of In- Futuro
Subdivision No. 1 and continuing along the northwesterly line of Lots 1
and 2 of Reid! Place to the southwest corner of Lot 1 of Block 14 of River
Front Subdivision No. 3; Thence northeasterly along the northwesterly line
of said Block 14 to the most westerly corner of Block 13 of River Front
Subdivision No. 3; Thence continuing northeasterly along the northwester-
ly line of Blocks 13, 12, 11, 10 and 9 to the northerly most corner of Lot 1
Block 9 River Front Subdivision No. 3; Thence continuing northeasterly
along the northwesterly line of Lot 2 and Lot 2A, Block 9 River Front Sub-
division No. 3 to the northerly most corner of said Lot 2A; Thence south-
easterly along the northeasterly line of said Lot 2A to the northeast corner
of said lot; Thence southwesterly along the southeasterly line of said Lot
2A to the most westerly corner of Lot 178 of Ham's Addition; Thence
southeasterly along the southwesterly lines of Lots 178 and 59 of Ham's
Addition to the southerly most corner of said Lot 59, said point also being
the point of intersection of the northeasterly right of way line of Farragut
Street with the northwesterly right of way line of Kerper Boulevard; Thence
67
northeasterly along said Kerper Boulevard right of way line and extension
thereof to a point of intersection with the northeasterly right of way line of
Hawthorne Street; Thence southeasterly along the northeasterly and
easterly right of way line of Hawthorne Street and Hawthorne Street Ex-
tension to a point of intersection with the southwesterly right of way line of
Lake Street; Thence southwesterly and northwesterly along said right of
way line of Lake Street to a point of intersection with the southerly right of
way line of Harbor Street; Thence southwesterly along said Harbor Street
right of way line to the northeast corner of Lot 1 Block 4 River Front Sub-
division No. 3; Thence southeasterly along the northeasterly line of said
Lot 1 and continuing along the northeasterly line of Lot 1 Block 3 of River
Front Subdivision No. 3 to the most easterly corner thereof; Thence
southwesterly along the southeasterly line of said Lot 1 Block 3 to the
easterly most corner of Block 1 of River Front Subdivision No. 5; Thence
southwesterly along the southeasterly line of said Block 1 River Front
Subdivision No. 5 to the northerly right of way line of Hamilton Street Ex-
tension; Thence southwesterly crossing Hamilton Street Extension right of
way to the easterly most corner of Lot 2 of 3 of 1 Block 5 River Front Sub-
division No. 3; Thence continuing southwesterly along the original easterly
boundary line of Blocks 5, 6 and 7 of River Front Subdivision No. 3, to the
southerly most corner of Lot 2 of said Block 7, said point being the north-
east corner of Lake Peosta Subdivision; Thence southerly along the east-
erly line of Lake Peosta Subdivision to a point of intersection with the cen-
terline of U.S. Highways 61 and 151; Thence southwesterly along said
centerline to a point of intersection with the easterly right of way line of
Kerper Boulevard, said point of being the point of beginning; Excepting
therefrom the Quebecor Economic Development District described as Lot
1 of Lot 1 of Lot 1 of Block 5 and Lot 1 of Lot 2 of Lot 1 of Block 5 of River
Front Subdivision No. 3 and Lot 1 of Lot 2 of Block 1 of River Front Subdi-
vision No. 5, all in the City of Dubuque, Dubuque County Iowa and any ad-
joining public rights of way.
(t). Quebecor Subarea shall mean that portion of the Amended Project Area
added by the Amended and Restated Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by Resolution No. 271 -12 on October 1,
2012, which Quebecor Subarea includes the lots and parcels located within the
area legally described as follows:
Lot 1 of Lot 1 of Lot 1 of Block 5 and Lot 1 of Lot 2 of Lot 1 of Block 5 of
River Front Subdivision No. 3 and Lot 1 of Lot 2 of Block 1 of River Front
Subdivision No. 5, all in the City of Dubuque, Dubuque County Iowa and
any adjoining public rights of way.
(u). Amended Project Area shall mean the areas of the City of Dubuque, Iowa in-
cluded within the Town Clock Subarea, the Old Main Subarea, the Town Clock Ex-
pansion Subarea, the Upper Main Subarea, the Ice Harbor Subarea A, the Ice Har-
bor Subarea B, the Ice Harbor Subarea C, the Warehouse Subarea, the South Main
Subarea, the South Port Subarea, the Cable Car Subarea, the Bluff Street Subarea,
the South Bluff Street Subarea, the Kerper Boulevard Subarea, the Washington
Neighborhood Subarea, the Industrial Harbor Subarea, the East 7th Street Subarea,
the Chaplain Schmitt Subarea, the North Kerper Subarea and the Quebecor Subar-
ea, each as described in this Section.
68
(v). Urban Renewal Plan shall mean the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District, approved by Resolution No.
271 -12 on October 1, 2012, as the same may be amended from time to time.
Section 2: The taxes levied on the taxable property in the Amended Project Area, le-
gally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of
Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing
districts from and after the effective date of this Ordinance shall be divided as hereinaf-
ter in this Ordinance provided.
Section 3: As to the Town Clock Subarea, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing dis-
tricts taxing property in the Town Clock Subarea upon the total sum of the assessed
value of the taxable property in the Town Clock Subarea as shown on the assessment
roll as of January 1, 1966, being the assessment roll last equalized prior to the date of
the initial adoption of the Urban Renewal Plan for the Downtown Dubuque Urban Re-
newal Project, Iowa R -15, shall be allocated to and when collected be paid into the fund
for the respective taxing district as taxes by or for said taxing district into which all other
property taxes are paid. The taxes so determined shall be referred herein as the "base
period taxes" for such subarea.
As to the Old Main Subarea, base period taxes shall be computed in the same man-
ner using the total assessed value shown on the assessment roll as of January 1, 1993,
being the assessment roll as of January 1 of the calendar year preceding the effective
date of Ordinance No. 23 -94.
As to the Town Clock Expansion Subarea, base period taxes shall be computed in
the same manner using the total assessed value shown on the assessment roll as of
January 1, 1996, being the assessment roll as of January 1 of the calendar year preced-
ing the effective date of Ordinance No. 67 -97.
As to the Upper Main Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2001, being the assessment roll as of January 1 of the calendar year preceding the ef-
fective date of Ordinance No. 26 -02.
As to the Ice Harbor Subarea A, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
1988, being the assessment roll as of January 1 of the calendar year preceding the ef-
fective date of Ordinance No. 66 -89.
As to the Ice Harbor Subarea B, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
1999, being the assessment roll as of January 1 of the calendar year preceding the ef-
fective date of Ordinance No. 97 -00.
As to the Ice Harbor Subarea C, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2006, being the assessment roll as of January 1 of the calendar year preceding the ef-
fective date of Ordinance No. 20 -07.
As to the Warehouse Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2006, being the first day of the calendar year preceding the effective date of Ordinance
No. 63 -07.
As to the South Main Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2006, being the first day of the calendar year preceding the effective date of Ordinance
69
No. 63 -07.
As to the South Port Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2007, being the first day of the calendar year preceding the effective date of Ordinance
No. 60 -08.
As to the Cable Car Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2008, being the first day of the calendar year preceding the effective date of Ordinance
58 -09.
As to the Bluff Street Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2009, being the first day of the calendar year preceding the effective date of Ordinance
51 -10.
As to the South Bluff Street Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of Janu-
ary 1, 2010, being the first day of the calendar year preceding the effective date of Ordi-
nance 33 -11.
As to the Kerper Boulevard Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of Janu-
ary 1, 1993, being the first day of the calendar year preceding the effective date of Ordi-
nance 43 -94.
As to the Washington Neighborhood Subarea, base period taxes shall be computed
in the same manner using the total assessed value shown on the assessment roll as of
January 1, 2010, being the first day of the calendar year preceding the effective date of
Ordinance 33 -11.
As to the Industrial Harbor Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of Janu-
ary 1, 2010, being the first day of the calendar year preceding the effective date of Ordi-
nance 33 -11.
As to the East 7th Street Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
1996, being the first day of the calendar year preceding the effective date of Ordinance
64 -97.
As to the Chaplain Schmitt Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of Janu-
ary 1, 2010, being the first day of the calendar year preceding the effective date of Ordi-
nance 33 -11.
As to the North Kerper Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2011, being the first day of the calendar year preceding the effective date of this Ordi-
nance.
As to the Quebecor Subarea, base period taxes shall be computed in the same man-
ner using the total assessed value shown on the assessment roll as of January 1, 2001,
being the first day of the calendar year preceding the effective date of Ordinance 88 -02.
Section 4: That portion of the taxes each year in excess of the base period taxes for
the Amended Project Area, determined for each subarea thereof as provided in Section
3 of this Ordinance, shall be allocated to and when collected be paid into the special tax
increment fund previously established by the City of Dubuque to pay the principal of and
interest on loans, monies advanced to, or indebtedness, whether funded, refunded, as-
70
sumed or otherwise, including bonds issued under authority of Section 403.9 or Section
403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or re-
finance, in whole or in part, urban renewal projects undertaken within the Amended Pro-
ject Area pursuant to the Urban Renewal Plan, except that taxes for the regular and
voter - approved physical plant and equipment levy of a school district imposed pursuant
to Section 298.2 of the Code of Iowa and taxes for the instructional support program of
a school district imposed pursuant to Section 257.19 (but in each case only to the extent
required under Section 403.19(2)), taxes for the payment of bonds and interest of each
taxing district, and taxes imposed under Section 346.27(22) related to joint county -city
buildings shall be collected against all taxable property within the Amended Project Area
without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the
Amended Project Area shall be paid into the funds for the respective taxing districts as
taxes by or for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Dubuque referred to in Section 4 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the Amend-
ed Project Area shall be paid into the funds for the respective taxing districts in the
same manner as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to continue the division of taxes from property within the Amended
Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized
in Ordinance Nos. 33 -11, as previously amended, and 88- 02,and to fully implement the
division of taxes in the North Kerper Subarea In the event that any provision of this Or-
dinance shall be determined to be contrary to law it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the
provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project
Area and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and pub-
lication as provided by law.
Passed and approved this 19th day of November, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Read first time: November 19, 2012
Passed and approved: November 19, 2012
Published officially in the Telegraph Herald newspaper on the 23rd day of November,
2012.
/s /Kevin S Firnstahl, City Clerk
Code of Ordinances - Construction Storage Plans: City Manager recommending ap-
proval of an ordinance change to require a construction materials storage plan to be in-
cluded with plan submittals so there is less of an impact on neighboring property own-
ers. Motion by Lynch 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
71
prior to the meeting at which it is to be passed be suspended. Seconded by Connors.
Motion carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 61 -12 Amend-
ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article A Building Code and Regulations, Section 14 -1A -2 International
Building Code Amendments; Chapter 2 Building Construction, Demolition and Moving,
Section 14 -2 -2 Application for Permit and Section 14 -2 -3 Permit Issuance; Generally by
Requiring a Plan for Storage of Materials be Provided on the Application for a Building
Permit, Making Renewal of a Building Permit Subject to Compliance with the Conditions
on the Original Building Permit, Requiring the Storage of Construction Materials to
Comply with the City Code from the Date of Issuance Through Day 179, and Requiring
Compliance with the City Code and Maintenance of the Site as Determined by the City
Manager from Day 180 Through Completion of the Project. Seconded by Braig. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 61 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE
AND REGULATIONS, SECTION 14 -1A -2 INTERNATIONAL BUILDING CODE
AMENDMENTS; CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND
MOVING, SECTION 14 -2 -2 APPLICATION FOR PERMIT AND SECTION 14 -2 -3
PERMIT ISSUANCE; GENERALLY BY REQUIRING A PLAN FOR STORAGE OF
MATERIALS BE PROVIDED ON THE APPLICATION FOR A BUILDING PERMIT,
MAKING RENEWAL OF A BUILDING PERMIT SUBJECT TO COMPLIANCE WITH
THE CONDITIONS ON THE ORIGINAL BUILDING PERMIT, REQUIRING THE
STORAGE OF CONSTRUCTION MATERIALS TO COMPLY WITH THE CITY CODE
FROM THE DATE OF ISSUANCE THROUGH DAY 179, AND REQUIRING COMPLI-
ANCE WITH THE CITY CODE AND MAINTENANCE OF THE SITE AS DETERMINED
BY THE CITY MANAGER FROM DAY 180 THROUGH COMPLETION OF THE PRO-
JECT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14 -1A -2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14 -1A -2: INTERNATIONAL BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
building code, 2009 edition, adopted in section 14-1A-1 of this article read as follows:
Sec. 105.5. Expiration.
Every permit issued shall become invalid unless the work on the site authorized by
such permit is completed within one year after its issuance, unless the building is part of
a project which, because of its complexity or proportions, will require more time, in
which instance the building official may grant permits for the project in phases. The
building official is authorized to grant, in writing and for justifiable cause, a renewal of a
permit for two (2) successive periods of ninety (90) days, for a period not to exceed one -
hundred eighty (180) days; provided, that a fee is paid for each renewal as set by the
city manager and the permit holder complies with the conditions outlined on the building
permit.
All city of Dubuque residential building permits issued prior to July 16, 2007 without
72
an expiration date listed shall expire on October 1, 2010.
Section 2. Section 14 -2 -2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14 -2 -2: APPLICATION FOR PERMIT:
A. Application: To obtain a permit, the applicant shall first file an application therefor
in writing on a form furnished by the building services division. Every such application
shall:
1. Identify and describe the work to be covered by the permit for which applica-
tion is made.
2. Describe the land on which the proposed work is to be done, by legal descrip-
tion, street address or similar description that will readily identify and definitely lo-
cate the proposed work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications and
other data as required in subsection B of this section.
5. Be signed by permittee, or the permittee's authorized agent who may be re-
quired to submit evidence to indicate such authority.
6. Be accompanied by proof of insurance as required by this chapter for the type
of permit desired.
7. Contain a plan for the storage of construction materials and maintenance of
the construction site.
8.Give such other data and information as may be required by the city manager.
Section 3. Section 14 -2 -3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14 -2 -3: PERMIT ISSUANCE; GENERALLY:
E. Conditions Of Permit: The permit shall outline the conditions under which the per-
mit was issued and may include, but is not limited to:
1. Storage Requirements; Permit Issuance Through Day 179: Storage of con-
struction materials must comply with all City ordinances.
2. Storage Requirements; Day 180 And Beyond: The permit will contain require-
ments for the storage of construction materials and maintenance of the site. The
conditions will continue upon a renewal /extension of a building permit until such
time as the project is complete. The city manager may require additional storage
and maintenance requirements upon the issuance of a renewal and /or extension
of a building permit.
Section 4. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 19th day of November, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of November,
2012.
/s /Kevin S. Firnstahl, City Clerk
Well Field Electrical Upgrades Project Award: City Manager recommending award of
contract for the Well Field Electrical Upgrades Project to Price Industrial Electric. Motion
by Lynch to receive and file the documents and adopt Resolution No. 326 -12 Awarding
Public Improvement Contract for Well Field Electrical Upgrades Project. Seconded by
Braig. Motion carried 6 -0.
73
RESOLUTION NO. 326 -12
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR WELL FIELD ELECTRICAL
UPGRADES PROJECT
Whereas, sealed proposals have been submitted by contractors for the Well Field
Electrical Upgrades Project (the Project) pursuant to Resolution No. 301 -12 and Notice
to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th
day of October, 2012; and
Whereas, said sealed proposals were opened and read on the 8th of November, 2012
and it has been determined that Price Industrial Electric of Hiawatha, IA with a bid pro-
posal in the amount of $196.475.00, is the lowest responsive, responsible bidder for the
Project; and
Whereas, it has been determined that it is in the best interest of the City of Dubuque
to enter into an improvement contract with Price Industrial Electric for said project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Price Indus-
trial Electric, and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 19th day of November, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
City Expo - Date and Format Change: City Manager recommending approval to hold
City Expo in early September, and to form a task force of staff from other departments
to solicit input and involvement in redesigning City Expo to encourage more innovative
displays and activities at this event. Motion by Connors to receive and file. Seconded by
Resnick. Public Information Officer Randy Gehl stated that he is working with city de-
partments and Community Engagement Coordinator Nikola Pavelic for a redesign of
and innovations for the annual event. Council concurred with the idea and for keeping
the person -to- person format between staff and citizens. Motion carried 6 -0.
Sustainable Dubuque - Quarterly Work Session Request: City Manager requesting
approval to schedule a Sustainable Dubuque Quarterly Work Session for December 17,
2012, at 5:00 p.m. Motion by Lynch to receive and file the documents and set the work
session as requested. Seconded by Braig. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Connors reported on the Blue Zone Program workshop and staff visit, which encour-
ages communities to become healthier through easy and attainable choices.
Braig acknowledged the election of her daughter to the City Council of Sartell, Min-
nesota.
Resnick expressed thanks for the great city staff and citizen partnerships in the spirit
of the upcoming holiday.
Mayor Buol reported on his and the City Manager's invitational visit to Grapewine,
Texas, to present on Dubuque's Council /Manager form of government.
PUBLIC INPUT
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Jule Transit System Employees Wayne Strohmeyer, Doug Brehm, Dawn Pollack,
and Pat Healy expressed their concerns about what they believe is a disparity between
the number of part -time and full -time bus driver positions, available hours and schedul-
ing issues in the department and requested that the City Council review the issue in the
next fiscal year budget.
There being no further business, upon motion the City Council adjourned at 8:21 p.m.
/s /Kevin S. Firnstahl, CMC
City Clerk
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