Council Proceedings April 2006
Regular Session, April 3, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, April 3, 2006
Council met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski,
Assistant City Manager Steinhauser, City
Attorney Lindahl
Absent: City Manager Van Milligen
Mayor Buoi read the call and stated this is a
regular session of the City Council called for the
purpose of discussing such matters which may
properly come before the Council.
Invocation was given by Reverend Tenry
Bemis, Pastor, Assembly of God Church
Mayor Buoi presented a City flag to visiting
Llbranan Irlnla Koleva from Bulgaria.
Prociamations: Public Health Week (April 3 -
9, 2006) received by Public Health Specialist
Mary Rose Corrigan; Credit Education Week
(April 16 - 22,2006) received by Tom Benryman
and Mark Lansing; Days of Remembrance of
the Victims of the Holocaust (April 23 - 30,
2006); and New Homes Month (April, 2006)
received by Ron Smith.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 3/16; Cable TV Regulatory
Commission of 2/8; Cable TV Teleprogramming
Commission of 217; Cijy Council of 3/20 and
3/27; Civil Service Commission of 3/10.
Electrical Code BOard of 3/27; Environmental
Stewardship Advisory Commission of 317.
Historic Preservation Commission of 2/23 and
3/16; Housin9 Code Appeals Board of 7/19/05
(As Amended) and 9/20/05; Housing
Commission of 1/24; Housing Commission Trust
Fund Committee of 313; Library Board of 1/26;
Long Range Planning Advisory Commission of
3/15; Transit Board of 3/9, presented and read.
Cline moved that the minutes be received and
flied. Seconded by Michalski. Motion carried 7-0.
Library Board of Trustees Update from
Meeting of February 23, 2006, presented and
read. Cline moved that the update be received
and flied. Seconded by Michalski. Motion carried
7-0.
111
Printed City Council Proceedings for
December, 2005, presented and read. Cline
moved that the communication be received and
flied and approved as printed. Seconded by
MichalskI. Motion carried 7-0.
Proofs of publication of City Council
Proceedings of 3/2 and 3/6, the Governing
Board of the Municipal Housing Agency of 3/2,
and the List of Claims and Summary of
Revenues for month ending February 28, 2006,
presented and read. Cline moved that the proofs
of publication be received and flied. Seconded
by Michalski. Motion carried 7-0.
Notice of Claims/Suits: Allied Waste for
property damage; Allied Waste for vehicle
damage; Tina Marie Hessel v. City of Dubuque,
et al; Crystal Howel for personal injury; Richard
Jaeger for vehicle damage, presented and read.
Cline moved that the communications be
received and flied and referred to the City
Attorney for investigation/report. Seconded by
Michalski. Motion carried 7-0.
City Attorney advising that the following ciaims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Crystal L. Howell
for personal injury; Richard Jaeger for vehicle
damage, presented and read. Cline moved that
the communications be received and flied and
concurred. Seconded by Michalski. Motion
carried 7-0.
City Attorney recommending approval of the
ciaims of Francis McDonald for property damage
a~d Roger Voss for personal Injury and directing
Finance Department to issue payment,
presented and read. Cline moved that the
communications be received and flied and
concurred. Seconded by Michalski. Motion
carried 7-0.
City Attorney recommending deniai of the
claim of Robert D. Boelk for property damage,
presented and read. Cline moved that the
communication be received and flied and
concurred. Seconded by Michalski. Motion
carried 7-0.
Timber-Hyrst Estates - Creek Wood Drive
Bridge: City Manager recommending approval
to hire IIW Engineers and Surveyors, P.C. for an
amount not to exceed $7,900 to provide bridge
construction engineering and inspection services
for the Timber-Hyrst Estates - Creek Wood
Drive Bridge, presented and read. Cline moved
that the communication be received and flied
and approved recommendation. Seconded by
Michalski. Motion carried 7-0.
112
Regular Session, April 3, 2006
NPDES Stormwater Permit - Storm Drain
Stenciling Partnership: City Manager submitting
infonmation on the City of Dubuque's partnership
with the National Mississippi River Museum and
Aquarium to stencil storm drain intakes to help
fulfiil a requirement for the City's NPDES
Stonmwater Permit, presented and read. Cline
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-0.
Acceptance of Easement: City Manager
recommending approval of the acceptance of an
easement from the Dubuque Community School
District for traffic control devices for new signals
at 11th and12th Streets at Prescott School,
presented and read. Cline moved that the
communication be received and fiied. Seconded
by Michalski. Motion carried 7-0.
RESOLUTION NO. 115-06
A RESOLUTION ACCEPTING A GRANT OF
EASEMENT FOR TRAFFIC CONTROL
DEVICES TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an
Easement Agreement with the Dubuque
Community School District pursuant to which the
Dubuque Community School District agreed to
grant an easement for traffic control devices,
wiring and appurtenances on part of City Lot
446, City Lot 479, and Lot A of Cijy Lot 445 in
the City of Dubuque, Iowa, as shown on the
exhibit attached thereto; and
Whereas, the Dubuque Community School
District has executed said Grant of Easement.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement from the
Dubuque Community School District, copies of
which are attached hereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Harvest View Estates: City Manager
recommending acceptance of the public
improvements that Harvest Development Group,
LLC has recently completed in Harvest View
Estates, presented and read. Cline moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 116-06
ACCEPTING IMPROVEMENTS IN HARVEST
VIEW ESTATES & HARVEST BUSINESS
CENTER
Whereas, pursuant to Resolution Nos. 349-01,
248-02, 42-03, 470-03, 216-04, and 259-02,
certain publiC improvements including street
paving, storm sewer, sanitary sewer, watermain,
stormwater detention facilities, and street
lighting were installed by the developer of the
Harvest View Estates & Harvest Business
Center.
Whereas, the improvements have been
completed and the City Manager has examined
the work and has filed a certificate stating that
the same has been completed in accordance
with the plans approved by the City Council and
in conformance with City specifications, and has
recommended that the improvements be
accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements in the Harvest View Estates &
Harvest Business Center, be and the same is
hereby accepted.
Section 2. That maintenance of said public
improvements shall be the responsibility of the
contractors for a period of two (2) years from this
date.
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Long Range Planning Advisory Commission:
Communication from Shannon Lundgren
submitting her resignation from the Long Range
Pianning Advisory Commission effective
immediately, presented and read. Cline moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Fiscal Year 2007 - 2011 Capital Improvement
Program: Communication from the Long Range
Planning Advisory Commission stating that the
Fiscal Year 2007 - 2011 Recommended CIP
Budget is in confonmance with the
Comprehensive Plan, presented and read.
Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Legislative Correspondence: City Manager
correspondence to Senators Mike Connolly,
Tom Hancock and Roger Stewart urging their
opposition to SF 2361 regarding the creation of
a statewide cable franchise, presented and read.
Regular Session, April 3, 2006
113
Cline moved that the communications be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Bunker Hill Golf Course Reservation License
Agreement: City manager recommending
approval of a Reservation License Agreement
with FORE for software for the tee time
reservation and point of service system for the
Bunker Hill Golf Course, presented and read.
Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Dubuque Metropolitan Area Solid Waste
Agency: Communication from the Dubuque
Metropolitan Area Solid Waste Agency advising
that the Agency has extended the City's Waste
Delivery Contract for an additional one-year term
from July 1, 2006 through June 30, 2007,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Certificate of Appreciation: Certificate of
Appreciation to Sandi Hutchcroft for outstanding
contributions made in the Standard Operating
Procedures Committee National Emergency
Number Association, presented and read. Cline
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-0.
Dubuque Regional Airport: Communication to
Norman Mineta, Office of the Secretary of
Transportation, endorsing the Dubuque
Regional Airport's application for the Small
Community Air Service Development Pilot
Program and their plan for improving air service
in the tri-state region, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Michalski. Motion carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the corrected certified
list for the position of Fire Lieutenant, presented
and read.
March 17, 2006
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Equipment Operator was given on June, 2005.
We hereby certify that the individuals listed
below have passed the written and oral
examinations and that the appointments to a
vacancy in this position shall be made from this
list and that this list is certified for two (2) years
from the above date.
FIRE LIEUTENANT (Corrected)
Wayne Dow Michael Burds
Larry Ewert Gary Weets
Charles Blasen Jeffrey Sanderfield
Michael McMahon Terry Stewart
Bryan McDonald Mark Murphy
John Fitzgerald Jerrod Atkinson
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Cline moved that the Civil Service certification
be received and filed and made a matter of
record. Seconded by Michalski. Motion carried
7-0.
Business Licenses:
RESOLUTION NO. 117-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
2NEW
Hy-Vee Gas # 3 Hy-Vee Inc.
300 Locust St
Hy-Vee # 3 Hy-Vee Inc.
400 Locust St
Passed, approved and adopted this 3rd day of
Aprll,2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 118-06
Whereas, applications for Beer Permils have
been submitted and filed to this 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 have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" (5 DAY SPECIAL EVENT)
Music n More Music n More Promotions
Town Clock Plaza
CLASS"B" BEER
Central Coast Hospitality Panchero's Mexican
Grill+(SundayIOutd) 4840 Asbury
114
Regular Session, April 3, 2006
BOARDS/COMMISSIONS
City of Dubuque McAleece Park / Recreation
Com+(Sunday/Outd) 1801 Admiral Sheehy
CLASS "CO BEER PERMIT
Hy-Vee Inc Hy-Vee Gas # 3+
(Sunday Sale) 300 Locust St
Hy-Vee Inc. Hy-Vee # 3+
(Sunday Sale) 400 Locust St
Iowa Potatoe / Produce Hs Tobacco World +
(Sunday Sale) 3341 Hillcrest Rd
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 119-06
Whereas, applications for Liquor Licenses
have been submitted to this 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 State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "CO BEER/LIQUOR LICENSE
Salsa's, Inc Salsa's Mexican Rest. +
(Sunday Sale) 1091 Main St
Mary Lou Kamp Noonan's Tap+
(Sunday Sale) 1618 Central Av
Marco's, Inc Marco's Italian American Food
2022 Central Av
Neighbor's, Inc Neighbor's Tap
1899 Rockdale
CLASS "B" WINE PERMIT
Hy-Vee, Inc. Hy-Vee # 3
400 Locust St
CLASS "B" NATIVE WINE
DBQ County Historical Soc. Nat'! Mississippi
River Museum 350 E. 3rd St
Park Farm Winery Park Farm Winery
236 Main St
Hy-Vee, Inc Hy-Vee Gas # 3
300 Locust St
CLASS "E" LIQUOR
Hy-Vee, inc Hy-Vee # 3
400 Locust St
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Appointments to the following Boards /
Commissions:
Arts and Cultural Affairs Advisory Commission
(One unexpired three-year term (Arts position)
through 6130/07 Applicants: Gail Chavenelle,
Catherine Goodman, Thomas Goodman,
Richard Hall, Ellen Hartman Henkels, Louise
Kames, Otto Krueger, loana Mamali, Michelle
McKinlay, Gene Perry, Edwin Ritts, Jr., John
Tilton, Gene Tully, John Woodin
Vote on the appointment was as follows:
Cline voted for Krueger; Connors voted for
Kames; Jones - Abstain; Lynch voted for Hall;
Michalski voted for Kames; Braig voted for
Kames; Buol voted for Henkels. There being
no majority a second vote was taken: Cline
voted for Krueger; Connors voted Kames;
Jones - Abstain; Lynch voted for Kames;
Michalski voted for Kames; Braig voted for
Kames; Buol voted for Kames. Therefore,
Louise Kames was appointed to the unexpired
(Arts) three year term which will expire 6130/07.
Zoning Board of Adjustment (One 5-year term
through 3/25/11 - term of Klauer) Applicant:
Randy Klauer; Michalski moved that Randy
Klauer be reappointed to a five year term on the
Zoning Board of Adjustment which will expire
3/25/11. Seconded by Braig. Motion carried 7-
o.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Connors. Motion carried 7-0.
Bonson Road Reconstruction Project: Proof of
publication on notice of hearlng to consider
adoption of the plans and specifications and
Resolution of Necessity for the Bonson Road
Reconstruction Project and City Manager
recommending approval, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 120-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 1 st day of March, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Bonson Road
Reconstruction Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, April 3, 2006
115
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 3rd day of
April,2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 121-06
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE BONSON
ROAD RECONSTRUCTION PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the Bonson Road
Reconstruction Project has given notice of the
public hearing thereon as required by law; and
Whereas, the public hearing has been held, ali
persons offering objections have been heard
and consideration given to ali objections and is
pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
X Adopted, without amendment, and ali
objections filed or made having been duly
considered are overruled.
Adopted as amended by the Schedule of
Assessments attached hereto as Exhibit A, and
made a part hereof by reference. AIi objections
filed or made having been duiy considered are
overruled.
Deferred for later consideration to a City
Council meeting to be held on the _ day of
, 2006, next at 6:30 p.m. in the Public Library
Auditorium, with jurisdiction retained for further
consideration and action at the adjoumed
meeting.
Abandoned.
Passed, adopted and approved this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Former Water Department and Stealth Racing
Buildings Demolition Project: Proof of publication
on notice of hearing to consider adoption of the
plans and specifications for the Former Water
Department and Stealth Racing Buildings
Demolition Project and City Manager
recommending approval and award of the
contract to Newt Marine Service in the amount
of $38,911.11, presented and read. Connors
moved that the proof and communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 122-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 16th day of March, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Former Water
Department and Stealth Racing - Building
Demolition and Site Clearance Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 3rd day of
April,2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resoiution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 123-06
AWARDING CONSTRUCTION CONTRACT
FOR THE FORMER WATER DEPARTMENT
AND STEALTH RACING BUILDINGS
DEMOLITION AND SITE CLEARANCE
PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Former Water
Department and Stealth Racing - Building
Demolition and Site Clearance Project pursuant
to Resolution No. 89-06 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 10th day of March,
2006.
Whereas, said sealed proposals were opened
and read on the 23rd day of March, 2006, and it
has been determined that the bid of Newt
Marine Service of Dubuque, Iowa, in the amount
of $38,911.11 was the lowest bid for the
furnishings of ali labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Newt Marine Service and the
Manager be and is hereby directed to execute a
116
Regular Session, April 3, 2006
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 124-06
APPROVING CONSTRUCTION CONTRACT
WITH NEWT MARINE SERVICE FOR THE
FORMER WATER DEPARTMENT AND
STEALTH RACING - BUILDING DEMOLITION
AND SITE CLEARANCE PROJECT
Whereas, the City Council by Resolution No.
123-06 awarded the construction contract for the
Former Water Department and Stealth Racing -
Building Demolition and Sfte Clearance Project
to Newt Marine Service; and
Whereas, Newt Marine Service has submitted
the attached executed contract and bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 3rd day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Custer Street / Allison Henderson Sewer and
Detention Basin Project: Proof of publication on
notice of hearing to consider adoption of the
pians and specifications for the Custer Street /
Aliison Henderson Sewer and Detention Basin
Project and Cfty Manager recommending
approval and award of the contract to
McDermott Excavating in the amount of
$208,795.87, presented and read. Cline moved
that the proof and communication be received
and filed. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 125-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 1 st day of March, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, iowa for the Custer/Allison-Henderson
Sewer and Detention Basin Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO, 126-06
AWARDING CONSTRUCTION CONTRACT
FOR THE CUSTER/ALLISON-HENDERSON
SEWER AND DETENTION BASIN PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Custer/Allison-
Henderson Sewer and Detention Basin Project
pursuant to Resolution No. 92-06 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 10th day of
March, 2006.
Whereas, said sealed proposals were opened
and read on the 23rd day of March, 2006, and it
has been determined that the bid of McDermott
Excavating of Dubuque, Iowa, in the amount of
$208,795.87 was the lowest bid for the
fumishings of all labor and materials and
performing the work as provided for in the pians
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to McDermott Excavating and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 127-06
APPROVING CONSTRUCTION CONTRACT
WITH MCDERMOTT EXCAVATING FOR THE
Regular Session, April 3, 2006
117
CUSTER I ALLISON-HENDERSON SEWER
AND DETENTION BASIN PROJECT
Whereas, the City Council by Resoiution No.
126-06 awarded the construction contract for the
Custer/Aliison-Henderson Sewer and Detention
Basin Project to McDermott Excavating; and
Whereas, McDermott Excavating has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto
are hereby approved.
2. The City Manager is hereby authorized
and directed to execute the contract on behalf of
the City of Dubuque.
Passed, approved and adopted this 3rd day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Ciine moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Floodwall Pumping Station Improvement
Project: Proof of publication on notice of hearing
to consider adoption of the plans and
specifications for the Floodwali Pumping Station
Improvement Project and City Manager
recommending that ali bids be rejected,
presented and read. Michalski moved that the
proof and communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 128-06
REJECTING ALL BIDS RECEIVED FOR THE
HAWTHORNE STREET GENERATOR
PROJECT, MAUS LAKE GENERATOR
PROJECT, AND BEE BRANCH PUMPING
STATION IMPROVEMENT PROJECTS
Whereas, sealed bid proposals have been
submitted by contractors for the Hawthome
Street Generator Project, Maus Lake Generator
Project, and Bee Branch Pumping Station
Improvement Projects (the Project) pursuant to
Resolution No. 53-06 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 24th day of February,
2006.
Whereas, said sealed proposals were opened
and read on the 15th day of March, 2006; and
Whereas, the City Council has deemed it
advisable to reject ali bids and to re-bid the
Project at a later date.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the bids for the above Project
be rejected and the City Manager is authorized
and instructed to retum the bid deposits of all
the bidders.
Section 2. That the City Cierk is hereby
directed to re-advertise for bids for the Project at
a later date.
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Connors moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Braig. Motion carried 7-0.
ACTION ITEMS
Convention and Visitors Bureau - Quarterly
Report: Sue Czeshinski, Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau, to present quarterly report, presented
and read. Sue Czeshinski spoke giving a
detailed report of the activities of the Convention
and Visitors Bureau. Cline moved that the
communication and report be received and filed.
Seconded by Connors. Motion carried 7-0.
General Obligation Bonds - Stormwater
Projects: City Manager advising that the sale of
General Obligation Bonds to support stormwater
projects will be held on Monday, April 3, 2006 at
11 :00 a.m. and that results will be brought to the
April 3rd City Council meeting, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Finance Director Ken TeKippe and Tionna
Pooler, Public Management Services, spoke
clarifying the project and noted that the low bid
was UMB Bank.
RESOLUTION NO. 129-06
RESOLUTION DIRECTING SALE OF
$2,900,000 GENERAL OBLIGATION BONDS.
SERIES 2006A
WHEREAS. pursuant to notice as required by
law. bids have been received at public sale for
the Bonds described as foliows and the best bid
received is determined to be the foliowing:
$2,900.000 GENERAL OBLIGATION BONDS,
SERIES 2006A:
Bidder: UMB Bank of Kansas City. Missouri
the terms of said bid being:
Purchase Price: $ 2.871 ,000.00
True Interest Cost: 4.1650 %
Net Interest Cost: $ 1.374.877.85
NOW. THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the bid for the Bonds as above
set out is hereby determined to be the best and
most favorable bid received and. said Bonds are
hereby awarded based on said bid.
118
Regular Session, April 3, 2006
Section 2. That the statement of information
for Bond bidders and the form of contract for the
sale of said Bonds are hereby approved and the
Mayor and Clerk are authorized to execute the
same on behalf of the City.
Section 3. That the notice of the sale of the
Bonds heretofore given and all acts of the Clerk
done in furtherance of the sale of said Bonds are
hereby ratified and approved.
PASSED AND APPROVED, this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
General Obligation Urban Renewal Bonds -
Parking Ramp Restoration Projects: City
Manager advising that the sale of General
Obligation Urban Renewal Bonds to support
restoration projects at the Locust Street and
iowa Street Parking Ramps will be held on
Monday, April 3, 2006 at 11 :00 a.m. and that
results will be brought to the April 3rd Cijy
Council meeting, presented and read. Cline
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 130-06
RESOLUTION DIRECTING SALE OF $910,000
GENERAL OBLIGATION URBAN RENEWAL
BONDS, SERIES 2006B
WHEREAS, pursuant to notice as required by
law, bids have been received at public sale for
the Bonds described as follows and the best bid
received is determined to be the following:
910,000 GENERAL OBLIGATION URBAN
RENEWAL BONDS, SERIES 2006B:
Bidder: UMB Bank of Kansas City, Missouri
the terms of said bid being:
Purchase Price: $ 903.220.50
True Interest Cost: 4.1081%
Net Interest Cost: $ 332,883.57
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the bid for the Bonds as above
set out is hereby detemnined to be the best and
most favorable bid received and, said Bonds are
hereby awarded based on said bid.
Section 2. That the statement of ihfomnation
for Bond bidders and the fomn of contract for the
sale of said Bonds are hereby approved and the
Mayor and Clerk are authorized to execute the
same on behalf ofthe City.
Section 3. That the notice of the sale of the
Bonds heretofore given and all acts of the Clerk
done in furtherance of the sale of said Bonds are
hereby ratified and approved.
PASSED AND APPROVED, this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
General Obligation Bonds - Refunding of
Balances: City Manager advising that the sale of
General Obli9ation Refunding Bonds to refund
the outstanding balance on 2000 Series Band C
Bonds will be held on Monday, April 3, 2006 at
11 :00 a.m. and that results will be brought to the
April 3rd City Council meeting, presented and
read. Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 131-06
RESOLUTION DIRECTING SALE OF
GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2006C
WHEREAS, pursuant to notice as required by
law, bids have been received at public sale for
the Bonds described as follows and the best bid
received is determined to be the following:
GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2006C:
Bidder: UMB Bank of Kansas City, Missouri
the temns of said bid being:
Principal Amount: $3,525,000.00
Purchase Price: $ 3,507,736.76
True Interest Cost: 4.0370 %
Net Interest Cost: $ 1,542,795.82
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the bid for the Bonds as above
set out is hereby determined to be the best and
most favorable bid received and, said Bonds are
hereby awarded based on said bid.
Section 2. That the statement of infomnation
for Bond bidders and the fomn of contract for the
sale of said Bonds are hereby approved and the
Mayor and Clerk are authorized to execute the
same on behalf of the City.
Section 3. That the notice of the saie of the
Bonds heretofore given and all acts of the Clerk
done in furtherance of the sale of said Bonds are
hereby ratified and approved.
PASSED AND APPROVED, this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Roger Kunde/North End Wrecking - Request
to Rezone (First Reading on March 20, 2006):
City Manager transmitting a revised ordinance /
memorandum of agreement and planting plan,
as well as property/enforcement history, for the
HI Heavy Industrial rezoning request filed by
Roger Kunde for North End Wrecking;
Communication from Paul J. Uhlrich, 489
Olympic Heights Road, requesting to address
Regular Session, April 3, 2006
the Council regarding the proposed rezoning for
Roger Kunde / North End Wrecking and
communication from Hope Huseman, 245
Olympic Heights, requesting to address the
Council regarding the proposed rezoning for
Roger Kunde/North End Wrecking, presented
and read. Jones moved that the communications
be received and filed. Seconded by Connors.
Carried by the following vote: Yeas-Cline,
Connors, Jones, Lynch, Braig. Nays-Buol,
Michalski.
Paul Uhlrich, 489 Olympic Heights, and Hope
Huseman, 245 Olympic Heights, spoke objecting
to the rezoning, requested strict restrictions
including no heavy equipment traffic on Olympic
Heights Road, and stringent enforcement of the
site if rezoned.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located
at 55 West 32nd Street from AG Agricultural
District to HI Heavy Industrial District, said
Ordinance having been presented and read at
the Council Meeting of March 20, 2006, now
presented for further action. Jones moved that
this be considered the second reading of the
Ordinance. Seconded by Connors. Carried by
the following vote: Yeas-Cline, Connors,
Jones, Lynch, Braig. Nays-Buol, Michalski.
The McGraw-Hili Companies, Inc.: City
Manager recommending approval of the
submission of an application for State financial
assistance on behalf of The McGraw-Hili
Companies, Inc. to assist with the reiocation and
expansion of the operation to the Port of
Dubuque, presented and read. Cline moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 132-06
A RESOLUTION AUTHORIZING THE FILING
OF AN IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT APPLICATION FOR
FINANCIAL ASSISTANCE ON BEHALF OF
THE MCGRAW-HILL COMPANIES, INC.
Whereas, The McGraw-Hili Companies, Inc.
has proposed the expansion and relocation of its
operations to the Port of Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa
has considered said proposal and has
determined that the proposed project will
contribute to the local economy through the
retention of 276 full-time jobs and the creation of
24 new full-time jobs for area residents; and
Whereas, the Iowa Department of Economic
Development's financial assistance programs
are designed to assist in the economic
development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible
to apply for funding from the state's financial
assistance programs.
119
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Iowa
Department of Economic Development
Application for Financial Assistance on behalf of
The McGraw-Hili Companies, Inc. is hereby
approved.
Section 2. That the local match identified in the
application consisting of a land discount and a
10-year TIF rebate to the company is hereby
approved, subject to the Iowa Department of
Economic Development's approval of the
application.
Section 3. That the Mayor is hereby authorized
to execute and the City Manager is hereby
directed to submit said application to the Iowa
Department of Economic Development together
with such documents as may be required.
Passed, approved, and adopted this 3rd day of
April 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Walnut Ridge Estates - Final Plat: City
Manager recommending approval of the final
plat of Walnut Ridge Estates as requested by
Lester and Barbara Jennings, presented and
read. Connors moved that the communication
be received and filed. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 133-06
A RESOLUTION APPROVING THE FINAL
PLAT OF WALNUT RIDGE ESTATES
SUBDIVISION IN DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City
Cierk a final plat of Walnut Ridge Estates; and
Whereas, the final plat of Walnut Ridge
Estates provides 0 feet of frontage for Lot 4,
where 50 feet is required by Section 42-19(b) of
the Subdivision Regulations; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Council and they find that it conforms to
the statutes and ordinances relating hereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby
waives Article IV, Design and Improvement
Standards of the Subdivision Regulations,
except Section 42-19, Blocks and Lots.
Section 2.The final plat of Walnut Ridge
Estates provides 0 feet of frontage for Lot 4,
where 50 feet is required by Section 42-19(b) of
the Subdivision Regulations.
120
Regular Session, April 3, 2006
Section 3. That the final plat of Walnut Ridge
Estates 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 final plat, provided the owners
of said property herein named, execute their
written acceptance hereto attached agreeing:
a) To construct street improvements in
accordance with improvement plans approved
by Dubuque County and certified upon
completion by a professional engineer licensed
in the State of Iowa.
b) To maintain the street improvements
constructed as part of Walnut Ridge Estates
until such time as a homeowners association is
formed and is responsible for maintenance of
the same.
Section 4. That in the event Lester Jennings
shall fail to execute the acceptance within 180
days after the date of this Resolution, the
provisions hereof shall be null and void and the
approval of the plat shall not be effective.
Passed, approved and adopted this 3rd day of
April 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Historic District Entry Signs: Historic
Preservation Commission recommending
approval of the sign designs and locations for
Historic District Entry Signs, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Transit Management Contract: City Manager
recommending approval of a five-year contract
with First Transit, Inc. to provide a General
Manager for KeyLine Transit, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 134-06
A RESOLUTION APPROVING THE
SELECTION OF FIRST TRANSIT, INC. FOR
TRANSIT MANAGEMENT SERVICES AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE AN APPROPRIATE CONTRACT
FOR SAID MANAGEMENT CONTRACT.
Whereas, the City of Dubuque, Iowa has
identified the need for a transit management
company; and
Whereas, a Request for Proposais solicited
consultant services to provide transit
management for Keyline Transit; and
Whereas, First Transit, Inc. is recommended to
provide transit management services.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the selection of First Transit
Inc. as the consultant to provide management of
the City's Transit Department is hereby
approved.
Section 2. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, iowa, a contract
with First Transit, Inc. for a five year transit
management contract for the following amounts;
Year 1 (2006-2007) $8,290.00 per month
Year 2 (2007-2008) $8,580.00 per month
Year 3 (2008-2009) $8,837.00 per month
Year 4 (2009-2010) $9,146.00 per month
Year 5 (2010-2011) $9,420.00 per month
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
authorizing the City Manager to execute an
appropriate contract for said management
contract. Seconded by Connors. Motion carried
7-0.
Michalski requested that the City Council be
provided with quarterly reports.
Historic Preservation Commission
Demolition by Neglect: Historic Preservation
Commission recommending that the City
Council incorporate Demolition by Neglect into
the Dubuque City Code for Conservation
Districts and City Manager requesting that the
Historic Preservation Commission request to
extend Demolition by Neglect to Conservation
Districts be referred to the City Manager to
prepare a report on the impact to staff
resources, and an Ordinance amending Chapter
11 (Building Regulations) of the City of Dubuque
Code of Ordinances by amending Section 11-4
Demolition Permits in Conservation Districts,
presented and read. Cline moved that the
communication and Ordinance be received and
filed and referred to the City Manager.
Seconded by Jones. Motion carried 7-0.
Alta Vista/Cartotta Street Reconstruction
Project: City Manager recommending award of
the contract for the Alta Vista / Carlotta Street
Reconstruction Project to Portzen Construction,
Inc., in the amount of $774,981.40, presented
and read. Connors moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
RESOLUTION NO. 135-06
AWARDING CONSTRUCTION CONTRACT
FOR THE ALTA VISTA - CARLOTTA
STREETS RECONSTRUCTION PROJECT
Regular Session, April 3, 2006
121
Whereas, sealed proposals have been
submitted by contractors for the Alta Vista -
Carlotta Streets Reconstruction Project pursuant
to Resolution No. 59-06 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 24th day of February,
2006.
Whereas, said sealed proposals were opened
and read on the 28th day of March, 2006, and it
has been determined that the bid of Portzen
Construction, Inc. of Dubuque, Iowa, in the
amount of $774,981.40 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Portzen Construction, Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd day of
Aprii,2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 136-06
APPROVING CONSTRUCTION CONTRACT
WITH PORTZEN CONSTRUCTION, INC. FOR
THE ALTA VISTA - CARLOTTA STREETS
RECONSTRUCTION PROJECT
Whereas, the City Council by Resolution No.
135-06 awarded the construction contract for the
Alta Vista - Carlotta Streets Reconstruction
Project to Portzen Construction, Inc.; and
Whereas, Portzen Construction, Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Partners in the Dubuque Continuum of Care:
Communication from Erica Haugen, Dubuque
Continuum of Care, requesting City Council
support of a resoiution calling for the United
States Department of Housing and Urban
Development to expand the current definition of
homelessness, presented and read. Michaiski
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 137-06
EXPANDING HUD'S DEFINITION OF
HOMELESSNESS: PROVIDING LOCAL
FLEXIBILITY, RESPONDING TO FAMILIES,
CHILDREN, AND YOUTH
Whereas, in no town, city or state in America
can an individual or family working full-time and
earning the minimum wage, or receiving
assistance under the Supplemental Security
income or Temporary Assistance for Needy
Families programs, afford a one or two-bedroom
apartment at the fair market rental rate
established by the United States Department of
Housing and Urban Development (HUD); and
Whereas, in its "Status Report on Hunger and
Homelessness in America's Cities," the United
States Conference of Mayors report that
requests for shelter by families with children
went unmet 32 percent of the time in 2005 and
57 percent of reporting cities stated that
homeless families may have to break up in order
to find shelter; and
Whereas, at least 3,500,000 persons in the
United States are likeiy to experience
homelessness during a year, 40 percent of
whom are children; and
Whereas, families with children who cannot
access shelters cannot consider the streets an
option due to child welfare concerns and
therefore stay temporarily with friends or
relatives or in motels, frequently moving
between multiple locations; and
Whereas, children and youth In these living
situations face serious risks to their health and
well-being, Including safety issues and high
rates of mobility that disrupt child development;
and
Whereas, families without stable housing face
transportation barriers which make job retention
and children's educational continuity difficult;
and
Whereas, the United States Department of
Housing and Urban Development definition of
homelessness excludes people who stay
temporarily with others and in motels, thereby
denying communities flexibility to address locally
assessed needs and presently vulnerable
populations from receiving the housing
assistance they need; and
Whereas, other federal definitions of
homelessness, such as the education subtitle of
122
Regular Session, April 3, 2006
the McKinney-Vento Act and the Vioience
Against Women Act, are responsive to families
and youth by expressly including people who
stay temporarily with others and in moteis.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque does
support the United States Conference of
Mayors' request that the United States
Department of Housing and Urban Development
include within its definition of homelessness
people who are sharing the housing of others
due to loss of housing, economic hardship, or
similar reasons, and those who are staying in
motels because of the lack of adequate
alternative accommodations.
Passed, approved and adopted this 3rd day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Hunting and Target Practice within City Limits
(First Reading 3/6/06; Second Reading 3120/06):
City Manager transmitting a suggested revision
to the previously submitted ordinance that would
allow huntingltarget practice within the City limits
to require that the property owner shall be
present to supervise target practice on the
owner's property and an Ordinance amending
City of Dubuque Code of Ordinances Chapter
33, Offenses and Miscellaneous Provisions, by
adopting a new Section 33-17 Hunting
Permitted, allowing hunting and target practice
within the corporate limits of the City under
certain conditions. said Ordinance having been
presented and read at the Council Meetings of
3/6/06 and 3120/06. now presented for final
action. Connors moved to receive and file the
communication and moved final consideration
and passage of the Ordinance. Seconded by
Jones. Motion failed due to the following vote:
Yeas-None. Nays-Braig. Buol. Cline.
Connors. Jones. Lynch. Michalski.
Comprehensive Plan Update: Long Range
Planning Advisory Commission submitting the
Comprehensive Plan Update Schedule and
requesting City Council direction on involvement
of other governmental bodies in the process.
presented and read. Direction was given that the
Commission provide notice of public meetings to
other governmental bodies to receive input and
that any policy questions be referred to the
Council. Michalski requested that a 28E
Agreement for fringe area development b
looked at.
COUNCIL MEMBER REPORTS
Braig questioned whether there was
consensus on the Council to look at a
comprehensive bluff top plan. Staff explained
that this was being looked at as a part of the
Unified Development Code update.
Buol requested that Council Members think
about the need for a "big box" ordinance.
PUBLIC INPUT
Stacie Neldaughter spoke thanking the City
Council for passing the Human Rights Sexual
Orientation ordinance.
At 8:56 P.M. Michalski moved to go into
Closed Session: Pending Litigation and Property
Acquisition - Chapter 21.5(1)(c)0) 2005 Code of
Iowa.
At 9:10 P.M. Council reconvened Regular
Session stating that Staff had been given proper
direction.
There being no further business. Michalski
moved to adjourn. Seconded by Braig. Motion
carried 7-0. The meeting adjourned at 9:11 P.M.
/s/ Jeanne F. Schneider. CMC
City Cierk
1t4/12
2006
2006
Adopted
Council Members
Regular Session, April 17, 2006
123
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Council, Regular Session, April 17, 2006
Council met in regular session at 6:30 P.M. in
the Public Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a
regular session of the City Council called for the
purpose of discussing such matters which may
properly come before the Council.
Invocation was given by Deacon J.C. Otto,
Sacred Heart Catholic Church
Proclamations: Community Development
Week (April 17-23, 2006) received by
Community Development Advisory Commission
Member Jim Giesen; Girl Scouts of Littie Cloud
Council's 70th Anniversary Day (Aprii 22, 2006)
received by Sue Wheaton.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 3/27; Cable TV
Teleprogramming Commission of 3/7; City
Cou.nClI of 4/3; Community Development
AdVISOry Commission of 3/14; Enterprise Zone
Commission of 4/5; Human Rights Commission
of 3/13; Zoning Board of Adjustment of 3/23,
presented and read. Connors moved that the
minutes be received and filed. Seconded by
Lynch. Motion carried 7-0.
Proof of publication of City Council
Proceedings of 3/20 and 3/27, presented and
read. Connors moved that the proofs be
received and filed. Seconded by Lynch. Motion
carried 7-0.
Notice of Claims/Suits: Citimortgage, Inc. vs.
the City of Dubuque, et al; Joseph D. Gruber for
property damage; Leanne Horsfall for property
damage; Kathy Stumpf for property damage,
presented and read. Connors moved that the
communications be received and filed and
referred to the City Attorney for investigation /
report. Seconded by Lynch. Motion carried 7-0.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Allied Waste for
property damage on 12/8/05; Allied Waste for
property damage on 2/17/06, presented and
read. Connors moved that the communications
be received and fiied and concurred. Seconded
by Lynch. Motion carried 7-0.
Animal Control Officer Vacancy: City Manager
recommending elimination of the full-time vacant
Animal Control Officer posttion and for the
vacancy to be filled with part-time hours,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Lynch. Motion carried: Yeas-Buol, Cline,
Connors, Lynch. Nays-Braig, Jones, Michalski.
Council questioned and voiced concern about
the full-time position being made into two part-
time positions, Without benefits, but understood
the need for more time coverage.
Demolition by Neglect: Communication from
Terry L. Mozena, 1036 West Third Street
requesting support for the incorporation 01
Demolition by Neglect into the Conservation
Districts, presented and read. Michaiski moved
that the communication be received and filed
and City Manager directed to expedite the study
and recommendation on this issue. Seconded
by Lynch. Motion carried 7-0.
General Obligation Bonds - Series 2006A -
Stormwater Projects: City Manager
recommending approval of the final action
necessary for the issuance of the General
Obligation Bonds - Series 2006A in support of
stormwater projects, presented and read.
Connors moved that the communication be
received and filed. Seconded by Lynch. Motion
carried 7-0.
RESOLUTION NO. 138-06
RESOLUTION APPOINTING WELLS FARGO
BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING
AGENT, BOND REGISTRAR, AND
TRANSFER AGENT, APPROVING THE
PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT
WHEREAS, pursuant to the provisions of
Chapter 75 of the Code of Iowa, $2,900,000
General Obligation Bonds, Serles 2006A, 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'
a~ '
WHEREAS, this Council has deemed that the
services offered by Wells Fargo Bank, National
Association of Des Moines, Iowa, are necessary
124
Regular Session, April 17, 2006
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 COUNCIL OF DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank, National
Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond
Registrar and Transfer Agent in connection with
the issuance of $2,900,000 General Obligation
Bonds, Series 2006A, dated the date of delivery.
Section 2. That the Agreement with Wells
Fargo Bank, National Association of Des
Moines, Iowa, is hereby approved and that the
Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
PASSED AND APPROVED this 17th day of
April,2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 139-06
RESOLUTION AUTHORIZING AND PROVI-
DING FOR THE ISSUANCE OF $2,900,000
GENERAL OBLIGATION BONDS, SERIES
2006A, 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 acquisition, construction, and
installation of stormwater and storm sewer utility
facilities and improvements, including the 32nd
Street Detention Basin construction, Bee Branch
iand acquisition, North Fork Catfish Creek Ditch
and Culvert construction, and other storm sewer,
stream bank and detention basin improvements,
essential corporate purposes, and it is deemed
necessary and advisable that General Obligation
Bonds in the amount of $2,900,000 be issued for
said purpose; and
WHEREAS, pursuant to notice published as
required by Section 384.25 of said Code, this
Council has held a public meeting and hearing
upon the proposal to institute proceedings for
the issuance of said Bonds, and the Council is
therefore now authorized to proceed with the
issuance of said Bonds; and
WHEREAS, 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:
D "Authorized Denominations" shall mean
$5,000 or any integral multiple thereof.
D "Beneficial Owne~' 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.
D "Bond Fund" shall mean the fund created in
Section 3 of this Resolution.
D "Bonds" shall mean $2,900,000 General
Obligation Bonds, Series 2006A, authorized to
be issued by this Resolution.
D "Cede & Co." shall mean Cede & Co., the
nominee of DTC, and any successor nominee of
DTC with respect to the Bonds.
D "Continuing Disclosure Certificate" shall
mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the
date of issuance and delivery of the Bonds, as
originally executed and as it may be amended
from time to time in accordance with the terms
thereof.
D "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.
D "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.
D "Issue~' and "City" shall mean the City of
Dubuque, Iowa.
D "Participants" shall mean those broker-
dealers, banks and other financial institutions for
which DTC holds Bonds as securities
depository.
D "Paying Agent" shall mean Wells Fargo
Bank, National Association, or such successor
as may be approved by Issuer as provided
herein and who shall carry out the duties
prescribed herein as Issue~s agent to provide
for the payment of principal of and interest on
the Bonds as the same shall become due.
D "Project Fund" shall mean the fund required
to be established by this Resolution for the
deposit of the proceeds of the Bonds.
D "Rebate Fund" shall mean the fund so
defined in and established pursuant to the Tax
Exemption Certificate.
D "Registra~' shall mean Wells Fargo Bank,
National Association of Des Moines, Iowa, or
Regular Session, April 17, 2006
125
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.
o "Representation Lette~' shall mean the
Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC.
o "Resolution" shall mean this resolution
authorizing the Bonds.
o ''Tax Exemption Certificate" shall mean the
Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance
and de.very of the Bonds.
o ''Treasure~' shall mean the City Treasurer or
such other officer as shall succeed to the same
duties and responsibilities with respect to the
recording and payment of the Bonds issued
hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose
of providing funds to pay the principal and
interest of the Bonds hereinafter authorized to
be issued, there is hereby levied for each future
year the following direct annual tax on all of the
taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION:
$432,400 200712008
218,338 200812009
219,158 200912010
219,788 201012011
220,228 201112012
220,478 201212013
220,473 201312014
220,275 201412015
224,885 201512016
224,035 201612017
222,913 201712018
226,513 201812019
224,628 201912020
227,453 202012021
229,821 202112022
231 ,778 2022/2023
228,270 202312024
234,450 202412025
(NOTE: For example the levy to be made and
certified against the taxable valuations of
January 1, 2005, will be collected during the
fiscal year commencing July 1,2006).
(b) Resolution to be Filed With County Auditor.
A certified copy of this Resolution should be filed
with the County Auditor of Dubuque County,
Iowa, and said Auditor is hereby instructed in
and for each of the years as provided, to levy
and assess the tax hereby authorized in Section
2 of this Resolution, in like manner as other
taxes are levied and assessed, and such taxes
so levied in and for each of the years aforesaid
be collected in like manner as other taxes of the
City are collected, and when collected be used
for the purpose of paying principal and interest
on said Bonds Issued in anticipation of said tax,
and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal
and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient
to pay the same shall be promptly paid when
due from current funds of the City available for
that purpose and reimbursement shall be made
from such special fund in the amounts thus
advanced.
Section 3. Bond Fund. Said tax shall be
collected each year at the same time and in the
same manner as, and in addition to, all other
taxes in and for the City, and when collected
they shall be converted into a special fund within
the Debt Service Fund to be known as the
"GENERAL OBLIGATION BOND FUND 2006A"
(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 expended
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 inconsistent with limitations
provided by law or this Resolution. Accrued
interest, if any, shall be deposited in the Bond
Fund.
Section 5. Investments of Bond Fund
Proceeds. All moneys heid in the Bond Fund,
provided for by Section 3 of this Resolution shall
be invested in investments permitted by Chapter
12B, Code of Iowa, 2005 (formerly Chapter 452,
Code of Iowa, as amended) or deposited in
financial institutions which are members of the
Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all
such deposits exceeding the maximum amount
insured from time to time by FDIC or its
equivalent successor in anyone financial
institution shall be continuously secured in
compliance with the State Sinking Fund
provided under Chapter 12C of the Code of
Iowa, 2005, 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
126
Regular Session, April 17, 2006
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 $2,900,000, shall be
issued pursuant to the provisions of Sections
384.24 and 384.25 of the City Code of Iowa for
the aforesaid purpose. The Bonds shall be
designated "GENERAL OBLIGATION BOND,
SERIES 2006A", 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,
2006, and semiannually thereafter on the 1st day
of June and December in each year until
maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or
facsimile signature of the Mayor and attested by
the manual or facsimile signature of the Clerk,
and impressed or printed with the seal of the
City and shall be fully registered as to both
principal and interest as provided in this
Resolution; principal, interest and premium, if
any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered
owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof.
The Bonds shall mature and bear interest as
follows:
Interest Principal Maturity
Rate Amount June 1 st
3.800% $ 90,000 2007
3.800 105,000 2008
3.800 110,000 2009
3.800 115,000 2010
3.800 120,000 2011
3.800 125,000 2012
3.850 130,000 2013
3.850 135,000 2014
3.850 140,000 2015
3.900 150,000 2016
3.950 155,000 2017
4.000 160,000 2018
4.050 170,000 2019
4.100 175,000 2020
4.125 185,000 2021
4.125 195,000 2022
4.150 205,000 2023
4.200 210,000 2024
4.200 225,000 2025
(b) Redemption. Bonds maturing after June 1,
2014 may be called for redemption by the Issuer
and paid before maturity on said date or any
date thereafter, from any funds regardless of
source, in whole or from time to time in part, in
any order of maturity and within an annual
maturity by lot. The terms of redemption shall be
par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be
9iven by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to
any registered owner of the Bonds or any defect
therein shall not affect the validfty of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for
redemption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is required,
the Registrar shall designate the bonds to be
redeemed by random selection of the names of
the registered owners of the entire annual
maturity until the total amount of bonds to be
called has been reached.
Section 7. Issuance of Bonds in Book-Entry
Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this
Resolution regarding registration, ownership,
transfer, payment and exchange of the Bonds,
unless the Issuer determines to permft the
exchange of Depository Bonds for Bonds in the
Authorized Denominations, the Bonds shall be
issued as Depository Bonds in denominations of
the entire principal amount of each maturity of
Bonds (or, if a portion of said principal amount is
prepaid, said principal amount less the prepaid
amount); and such Depository Bonds shall be
registered in the name of Cede & Co., as
nominee 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 interest payment date for the
Bonds at the address indicated in or pursuant to
the Representation Letter.
(b) With respect to Depository Bonds, neither
the Issuer nor the Paying Agent shall have any
responsibility or obligation to any Participant or
to any Beneficial Owner. Without limiting the
immediately preceding sentence, neither the
Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the
accuracy of the 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 absoiute 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
Regular Session, April 17, 2006
127
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 Bondhoider 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 vaiid and effective to fully satisfy and
discharge the Issuers 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 (inciuding 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
I ssuer determines to provide for the exchange of
Depository Bonds for Bonds in Authorized
Denominations, the Issuer shall so notify the
Paying Agent and shall provide the Registrar
with a supply of executed unauthenticated
Bonds to be so exchanged. The Registrar shall
thereupon notify the owners of the Bonds and
provide for such exchange, and to the extent
that the Beneficial Owners are designated as the
transferee by the owners, the Bonds will be
delivered in appropriate form, content and
Authorized Denominations to the Beneficial
Owners, as their interests appear.
(e) Any substitute depository shall be
designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a
qualified and registered "clearing agency" as
provided in Section 17 A of the Securities
Exchange Act of 1934, as amended. The
substitute depository shall provide for (i)
immobilization of the Depository Bonds, (Ii)
registration and transfer of interests in
Depository Bonds by book entries made on
records of the depository or its nominee and (iii)
payment of principal of, premium, if any, and
interest on the Bonds in accordance with and as
such interests may appear with respect to such
book entries.
Section 8. Registration of Bonds; Appointment
of Registrar; Transfer; Ownership; Delivery; and
Cancellation.
(a) Registration. The ownership of Bonds
may be transferred only by the making of an
entry upon the books kept for the 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 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
registration of ownership of the Bonds for the
payment of principal of and interest on the
Bonds as provided in this Resolution. All Bonds
shall be negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31
of the Code of Iowa, subject to the provisions for
registration and transfer contained in the Bonds
and in this Resolution.
(b) Transfer. The ownership of any Bond may
be transferred only upon the Registration Books
kept for the registration and transfer of Bonds
and only upon surrender thereof at the office of
the Registrar together with an assignment duly
executed by the holder or his duly authorized
attorney in fact in such form as shall be
satisfactory to the Registrar, along with the
address and social security number or federal
employer identification number of such
transferee (or, if registration is to be made in the
name of multiple individuals, of all such
transferees). In the event that the address of
the registered owner of a Bond (other than a
registered owner which is the nominee of the
broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the
Registration Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations
permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Bond, and bearing
interest at the same rate and maturing on the
same date or dates shall be delivered by the
Registrar.
(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
128
Regular Session, April 17 , 2006
registered on the Registration Books of the
Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and
payment of or on account of the principal of any
such Bonds and the premium, if any, and
interest thereon shall be made only to or upon
the order of the registered owner thereof or his
legal representative. All such payments shall be
valid and effectual to satisfy and discharge the
iiability 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.
(I) Non-Presentment of Bonds. In the event
any payment check representing payment of
principal of or interest on the Bonds is returned
to the Paying Agent or if any bond is not
presented for payment of principal at the
maturity or redemption date, if funds sufficient to
pay such principal of or interest on Bonds shall
have been made available to the Paying Agent
for the benefit of the owner thereof, all liability of
the Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith cease,
terminate and be completely discharged, and
thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of
such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of
whatever nature on his part under this
Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obiigation
to hold such funds shall continue for a period
equal to two years and six months following the
date on which such interest or principal became
due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time
the Paying Agent, shall surrender any remaining
funds so held to the Issuer, whereupon any
claim under this Resolution by the Owners of
such interest or Bonds of whatever nature shall
be made upon the Issuer.
(g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual
maturity. The Registrar shall furnish additional
bonds in lesser denominations (but not less than
the minimum denomination) to an owner who so
requests.
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 deiiver a new Bond
of like tenor and amount as the Bond so
mutilated, destroyed, stolen or lost, in exchange
and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated
Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the
Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with
such other reasonable reguiations as the issuer
or its agent may prescribe and paying such
expenses as the Issuer may incur in connection
therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall
be made to the registered holder thereof or to
their designated agent as the same appear on
the books of the Registrar on the 15th day
preceding the payment date. All such payments
shall fully discharge the obligations of the Issuer
in respect of such Bonds to the extent of the
payments so made. Payment of principal shall
only be made upon surrender of the Bond to the
Paying Agent.
Section 11. Execution, Authentication and
Deiivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute
and deliver the Bonds to the Registrar, who shall
authenticate the Bonds and deliver the same to
or upon order of the Purchaser. No Bond shall
be valid or obligatory for any purpose or shall be
entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on
such Bond a Certificate of Authentication
substantially in the form of the Certificate herein
set forth. Such Certificate upon any Bond
executed on behalf of the Issuer shall be
conclusive evidence that the Bond so
authenticated has been duly issued under this
Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and deiivered
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 vaiidity and
legaiity of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying
Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or
Paying Agent upon giving prompt written notice
to each registered bondholder.
Regular Session, April 17, 2006 129
Section 13. Form of Bond. Bonds shall be
printed in substantial compliance with standards
proposed by the American Standards Institute
substantially in the form as follows:
I (O) I I to, I
I (7) I I (8) I
I (I) I
I (..ll I I P) I I (4) I I (:I) I
I (9) I
I (9.) I
(10)
(Continued on the back of this Bond)
I III){JL)C.U) I I (J4) I I (D) I
FIGURE I
(Front)
130
Regular Session, April 17, 2006
(10)
(Continued)
FIGURE 2
(Back)
(16)
Regular Session, April 17, 2006
131
The text of the Bonds to be located thereon at
the item numbers shown shall be as follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BONDS, SERIES
2006A"
Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity:
Item 4, figure 1 = Bond Date: May 2, 2006
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: $
Item 9, figure 1 = The City of Dubuque,
Iowa, a municipal corporation organized and
existing under and by virtue of the Constitution
and laws of the State of Iowa (the "Issue~'), for
value received, promises to pay from the source
and as hereinafter provided, on the maturity date
indicated above, to
Item 9A, figure 1 = (Registration panel to be
completed by Registrar or Printer with name of
Registered Owner).
Item 10, figure 1 = or registered assigns, the
principal sum of (principal amount written out)
THOUSAND DOLLARS in lawful money of the
United States of America, on the maturity date
shown above, only upon presentation and
surrender hereof at the office of Wells Fargo
Bank, National Association, Paying Agent of this
issue, or its successor, with interest on said sum
from the date hereof until paid at the rate per
annum specified above, payable on December
1, 2006, and semiannually thereafter on the 1 st
day of June and December in each year.
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the
Registrar as of the 15th day preceding such
Interest payment date. Interest shall be
computed on the basis of a 360-day year of
twelve 30-day months.
CIFG Assurance North America, Inc. ("CIFG
NA"), New York, New York, has delivered its
financial guaranty insurance policy (the "Policy")
with respect to the scheduled payments of
principal of and interest on this Bond as
described herein below to Wells Fargo Bank,
NA or its successor, as Paying Agent (the
"Paying Agent") for the $2,900,000 City of
Dubuque, Iowa General Obligation Bonds,
Series 2006A. Said Policy is on file and
available for inspection at the principal office of
the Paying Agent and a copy thereof may be
obtained from CIFG NA or the Paying Agent.
This Bond is issued pursuant to the provisions
of Sections 364.24 and 364.25 of the City Code
of iowa, for the purpose of paying costs of the
acquisition, construction, and installation of
stormwater and storm sewer utility facilities and
improvements, including the 32nd Street
Detention Basin construction, Bee Branch land
acquisition, North Fork Catfish Creek Ditch and
Culvert construction, and other storm sewer,
stream bank and detention basin improvements,
in conformity to a Resolution of the Council of
said City duly passed and approved.
Unless this certificate is presented by an
authorized representative of The Depository
Trust Company, a limited purpose trust company
("DTC"), to the Issuer or its agent for registration
of transfer, exchange or payment, and any
certificate issued is registered in the name of
Cede & Co. or such other name as requested by
an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other
entity as is requested by an authorized
representative of DTC), ANY TRANSFER,
PLEDGE OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY
PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an
interest herein.
Bonds maturing after June 1, 2014 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 whoie or from time to time in part, in any order
of maturity and within an annual maturity by lot.
The terms of redemption shall be par, plus
accrued interest to date of call.
Thirty days' notice of redemption shall be
given by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to
any registered owner of the Bonds or any defect
therein shall not affect the validity of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for
redemption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is required,
the Registrar shall designate the bonds to be
redeemed by random seiection of the names of
the registered owners of the entire annual
maturity until the total amount of bonds to be
called has been reached.
Ownership of this Bond may be transferred
only by transfer upon the books kept for such
purpose by Wells Fargo Bank, National
Association, the Registrar. Such transfer on the
books shall occur only upon presentation and
surrender of this Bond at the office of the
Registrar as designated below, together with an
assignment duly executed by the owner hereof
or his duly authorized attorney in the form as
shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and
Paying Agent but shall, however, promptly give
notice to registered bondholders of such
change. All bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial
132
Regular Session, April 17, 2006
Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and
transfer contained in the Bond Resolution.
This Bond is a "qualified tax-exempt
obligation" designated by the City for purposes
of Section 265(b)(3)(B) of the Internal Revenue
Code of 1 986.
And it is hereby represented and certified that
all acts, conditions and things requisite,
according to the laws and Constitution of the
State of Iowa, to exist, to be had, to be done, or
to be performed precedent to the lawful issue of
this Bond, have been existent, had, done and
performed as required by law; that provision has
been made for the levy of a sufficient continuing
annual tax on all the taxable property within the
territory of the Issuer for the payment of the
principal and interest of this Bond as the same
will respectively become due; that the faith,
credit, revenues and resources and all the real
and personal property of the Issuer are
irrevocably pledged for the prompt payment
hereof, both principal and interest; and the total
indebtedness of the Issuer including this Bond,
does not exceed the constitutional or statutory
limitations.
IN TESTIMONY WHEREOF, the Issuer by its
Council, has caused this Bond to be signed by
the manual signature of its Mayor and attested
by the manual signature of its City Clerk, with
the seal of said City impressed hereon, and to
be authenticated by the manual signature of an
authorized representative of the Registrar, Wells
Fargo Bank, National Association, Des Moines,
Iowa.
Item 11, figure 1 = Date of authentication:
Item 12, figure 1 = This is one of the Bonds
described in the within mentioned Resolution,
as registered by Wells Fargo Bank, National
Association.
WEllS FARGO BANK, NATIONAL
ASSOCIATION, Registrar
By:
Authorized Signature
Item 13, figure 1 = Registrar and Transfer
Agent:
Wells Fargo Bank, National Association
Paying Agent: Wells Fargo Bank, National
Association
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE, IOWA
By: (manual signature)
Mayor
ATTEST:
By: (manual signature)
City Clerk
Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby
sells, assigns and transfers unto
(Social Security or Tax
Identification No. ) the
within Bond and does hereby irrevocably
constitute and appoint attorney in
fact to transfer the said Bond on the books kept
for registration of the within Bond, with full power
of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s)
here)
SIGNATURE)
GUARANTEED)
IMPORTANT - READ CAREFUllY
The signature(s) to this Power must correspond
with the name(s) as written upon the face of the
certificate(s) or bond(s) in every particular
without alteration or enlargement or any change
whatever. Signature guarantee must be
provided in accordance with the prevailing
standards and procedures of the Registrar and
Transfer Agent. Such standards and
procedures may require signature to be
guaranteed by certain eligible guarantor
institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
individual' Corporation
Partnership Trust
'If the Bond is to be registered in the names of
multiple individual owners, the names of all such
owners and one address and social security
number must be provided.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be
construed as though written out in full according
to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of
survivorship and not as tenants in common
IA UNIF TRANS MIN ACT
............ Custodian............
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act...................
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE
ABOVE LIST
Section 14. Contract Between Issuer and
Purchaser. This Resolution constitutes a
contract between said City and the purchaser of
the Bonds.
Regular Session, April 17, 2006
133
Section 15. Non-Arbitrage Covenants. The
Issuer reasonably expects and covenants that
no use will be made of the proceeds from the
issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to
be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the
Internal Revenue Code of the United States, as
amended, and that throughout the term of the
Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer,
there are no facts or circumstances that would
materially change the foregoing statements or
the conclusion that it is not expected that the
proceeds of the Bonds will be used in a manner
that would cause the Bonds to be arbitrage
bonds. Without limiting the generality of the
foregoing, the Issuer hereby agrees to comply
with the provisions of the Tax Exemption
Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated
by reference as part of this Resolution. The
Treasurer is hereby directed to make and insert
all calculations and determinations necessary to
complete the Tax Exemption Certificate in all
respects and to execute and deliver the Tax
Exemption Certificate at issuance of the Bonds
to certify as to the reasonable expectations and
covenants of the Issuer at that date.
Section 16. Additional Covenants,
Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the
purchasers and holders of the Bonds from time
to time outstanding that the Issuer through its
officers, (a) will make such further specific
covenants, representations and assurances as
may be necessary or advisable; (b) comply with
all representations, covenants and assurances
contained in the Tax Exemption Certificate,
which Tax Exemption Certificate shall constitute
a part of the contract between the Issuer and the
owners of the Bonds; (c) consult with bond
counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as
necessary I such sums of money representing
required rebates of excess aribitrage profits
relating to the Bonds; (e) file such forms,
statements and supporting documents as may
be required and in a timely manner; and (I) if
deemed necessary or advisable by its officers,
to employ and pay fiscal agents, financial
advisors, attomeys and other persons to assist
the Issuer in such compliance.
Section 17. 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 18. Qualified Tax-Exempt Obligations.
For the sole purpose of qualifying the Bonds as
"Qualified Tax-Exempt Obligations" pursuant to
the Internal Revenue Code of the United States,
the Issuer designates the Bonds as qualified tax_
exempt obligations and represents that the
reasonably anticipated amount of tax-exempt
governmental and Code Section 501 (c)3
obligations which will be issued during the
current calendar year will not exceed Ten (10)
Million Dollars.
Section 1 g. Continuing Disclosure. The
Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of
the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure
Certificate are hereby incorporated by reference
as part of this Resolution and made a part
hereof. Notwithstanding any other provision of
this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall
not be considered an event of default under this
Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may
be necessary and appropriate, including seeking
specific performance by court order, to cause
the Issuer to comply with its obligations under
the Continuing Disclosure Certificate. For
purposes of this section, "Beneficial Owne~'
means any person which (a) has the power,
directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any
Bond (including persons holding Bonds through
nominees, depositories or other intermediaries),
or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 20. Severability Clause. If any
section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
hereof, and this Resoiution shall become
effective immediately upon its passage and
approval.
Section 21. Repeal of Conflicting Resolutions
or Ordinances. That all ordinances and
resolutions and parts of ordinances and
resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 17th day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
General Obligation Uriban Renewal Bonds -
Series 2006B - Parking Ramps: City Manager
recommending approval of the final action
necessary for the issuance of the General
Obligation Urban Renewal Bonds - Series
2006B for parking ramp restoration projects,
presented and read. Connors moved that the
134
Regular Session, April 17 , 2006
communication be received and filed. Seconded
by Lynch. Motion carried 7-0.
RESOLUTION NO. 140-06
RESOLUTION APPOINTING WELLS FARGO
BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING
AGENT, BOND REGISTRAR, AND
TRANSFER AGENT, APPROVING THE
PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT
WHEREAS, pursuant to the provisions of
Chapter 75 of the Code of Iowa, $910,000
General Obligation Urban Renewal Bonds,
Series 2006B, dated the date of delivery, have
been said at public saie 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 Des Moines, Iowa, 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 COUNCIL OF DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank, National
Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond
Registrar and Transfer Agent in connection with
the issuance of $910,000 General Obligation
Urban Renewal Bonds, Series 2006B, dated the
date of delivery.
Section 2. That the Agreement with Wells
Fargo Bank, National Association of Des
Moines, Iowa, is hereby approved and that the
Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
PASSED AND APPROVED this 17th day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
onnors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 141-06
RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF
$910,000 GENERAL OBLIGATION URBAN
RENEWAL BONDS, SERIES 2006B, 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 aiding in the planning, undertaking
and carrying out of urban renewal project
activities under the authority of Chapter 403 of
the Code of Iowa and the Urban Renewal Plan
for the Greater Downtown Urban Renewal
District, including those costs associated with
the construction of improvements to the Iowa
Street and Locust Street public parking ramp
facilities, essential corporate purposes, and it is
deemed necessary and advisable that General
Obligation Urban Renewal Bonds in the amount
of $910,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as
required by Section 403.12, this Council has
held a public meeting and hearing upon the
proposal to institute proceedings for the
issuance of not to exceed $910,000 in principal
amount of general obligation bonds for the
above described purposes; and no petition was
filed in the manner provided by Section 362.4 of
the City Code of Iowa, pursuant to the provisions
of Sections 403.12 and 384.24(3)(q), 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;
WHEREAS, it is appropriate that the general
obligation bonds to be issued for such urban
renewal purposes be authorized for issuance
and sold as a separate series of bonds under
Section 403.12 of the Code of Iowa, to be
designated as Series 2006B as hereinafter set
forth, and that incremental tax revenues from the
Greater Downtown Urban Renewal Area be
applied to abate the levy of taxes pledged to the
repayment of such 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 confonming 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 tenms
shall have the following meanings in this
Resolution unless the text expressly or by
necessary implication requires otherwise:
o "Authorized Denominations" shall mean
$5,000 or any integral multiple thereof.
o "Beneficial Owne~' 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.
o "Bond Fund" shall mean the fund created in
Section 3 of this Resolution.
Regular Session, April 17, 2006
135
[j "Bonds" shall mean $910,000 General
Obligation Urban Renewal Bonds, Series
2006B, authorized to be issued by this
Resolution.
[j "Cede & Co." shall mean Cede & Co., the
nominee of DTe, and any successor nominee of
DTC with respect to the Bonds.
o "Continuing Disclosure Certificate" shall
mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the
date of issuance and delivery of the Bonds, as
originally executed and as it may be amended
from time to time in accordance with the terms
thereof.
o "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.
o "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.
o "Issue~' and "City" shall mean the City of
Dubuque, Iowa.
o "Participants" shall mean those broker-
dealers, banks and other financial institutions for
which DTC holds Bonds as securities
depository .
o "Paying Agent" shall mean Wells Fargo
Bank, National Association, or such successor
as may be approved by Issuer as provided
herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide
for the payment of principal of and interest on
the Bonds as the same shall become due.
o "Project Fund" shall mean the fund required
to be established by this Resolution for the
deposit of the proceeds of the Bonds.
o "Rebate Fund" shall mean the fund so
defined in and established pursuant to the Tax
Exemption Certificate.
o "Registra~' shall mean Wells Fargo Bank,
National Association of Des Moines, Iowa, or
such successor as may be approved by Issuer
as provided herein and who shall carry out the
duties prescribed herein with respect to
maintaining a register of the owners of the
Bonds. Unless otherwise specified, the Registrar
shall also act as Transfer Agent for the Bonds.
o "Representation Lette~' shall mean the
Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC.
o "Resolution" shall mean this resolution
authorizing the Bonds.
o "Tax Exemption Certificate" shall mean the
Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance
and delivery ofthe Bonds.
[j "Treasure~' shall mean the City Treasurer or
such other officer as shall succeed to the same
duties and responsibilities with respect to the
recording and payment of the Bonds issued
hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of
providing funds to pay the principal and interest
of the Bonds hereinafter authorized to be issued,
there is hereby levied for each future year the
following direct annual tax on all of the taxable
property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION:
$157,617 200712008
82,568 200812009
80,768 2009/2010
83,943 201012011
81,908 201112012
79,845 201212013
82,755 201312014
80,445 201412015
83,105 201512016
85,538 201612017
82,703 201712018
84,833 201812019
86,720 201912020
83,360 202012021
(NOTE: For example the levy to be made and
certified against the taxable valuations of
January 1, 2005, will be collected during the
fiscal year commencing July 1,2006).
(b) Resolution to be Filed With County Auditor.
A certified copy of this Resolution should be filed
with the County Auditor of Dubuque County,
Iowa, and said Auditor is hereby instructed in
and for each of the years as provided, to levy
and assess the tax hereby authorized in Section
2 of this Resolution, in like manner as other
taxes are levied and assessed, and such taxes
so levied in and for each of the years aforesaid
be collected in like manner as other taxes of the
City 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.
Incremental tax revenues resulting from the
division of taxes authorized under Section
403.19 of the Code of Iowa in respect of the
Greater Downtown Urban Renewal District shall
be certified annually as provided by law and
applied to abate the foregoing tax levies.
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
136
Regular Session, April 17, 2006
taxes in and for the City, and when collected
they shall be converted into a special fund within
the Debt Service Fund to be known as the
"GENERAL OBLIGATION URBAN RENEWAL
BOND FUND 2006B" (the "Bond Fund"), which
is hereby pledged for and shall be used only for
the payment of the principai 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 expended
therefrom for the purposes of issuance. Any
amounts on hand in the Project Fund shall be
avaiiable 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 inconsistent with limitations
provided by law or this Resolution. Accrued
interest, if any, shall be deposited in the Bond
Fund.
Section 5. Investments of Bond Fund
Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall
be invested in investments permitted by Chapter
12B, Code of Iowa, 2005 (formerly Chapter 452,
Code of Iowa, as amended) or deposited in
financial institutions which are members of the
Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and ali
such deposits exceeding the maximum amount
insured from time to time by FDIC or its
equivalent successor in anyone financiai
institution shall be continuously secured in
compliance with the State Sinking Fund
provided under Chapter 12C of the Code of
Iowa, 2005, 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
$910,000, shall be issued pursuant to the
provisions of Sections 403.12 and 384.24(3)(q)
of the Code of Iowa for the aforesaid purpose.
The Bonds shall be designated "GENERAL
OBLIGATION URBAN RENEWAL BOND,
SERIES 2006B", 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,
2006, and semiannually thereafter on the 1st day
of June and December in each year until
maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or
facsimile signature of the Mayor and attested by
the manual or facsimile signature of the Clerk,
and impressed or printed with the seal of the
City and shall be fully registered as to both
principal and interest as provided in this
Resolution; principal, interest and premium, if
any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered
owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof.
The Bonds shall mature and bear interest as
follows:
Interest Principal Maturity
Rate Amount June 1 st
3.55% $ 40,000 2007
3.55 45,000 2008
3.60 50,000 2009
3.65 50,000 2010
3.70 55,000 2011
3.75 55,000 2012
3.80 55,000 2013
3.85 60,000 2014
3.90 60,000 2015
3.95 65,000 2016
4.05 70,000 2017
4.10 70,000 2018
4.15 75,000 2019
4.20 80,000 2020
4.20 80,000 2021
(b) Redemption. Bonds maturing after June
1, 2014 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 iot. The terms of redemption shall
be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be
given by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to
any registered owner of the Bonds or any defect
therein shall not affect the validijy of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for
redemption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is required,
the Registrar shall designate the bonds to be
redeemed by random selection of the names of
the registered owners of the entire annual
maturity until the total amount of bonds to be
called has been reached.
Section 7. Issuance of Bonds in Book-Entry
Form; Replacement Bonds.
Regular Session, April 17 , 2006
137
(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 Denominations, the Bonds shall be
Issued as Depository Bonds in denominations of
the entire principal amount of each maturity of
Bonds (or, if a portion of said principal amount is
prepaid, said principal amount less the prepaid
amount); and such Depository Bonds shall be
registered in the name of Cede & Co., as
nominee 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 interest payment date for the
Bonds at the address indicated in or pursuant to
the Representation Letter.
(b) With respect to Depository Bonds, neither
the Issuer nor the Paying Agent shall have any
responsibility or obligation to any Participant or
to any Beneficial Owner. Without limiting the
immediately preceding sentence, neither the
Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the
accuracy of the records of DTC or its nominee or
of any Participant with respect to any ownership
interest in the Bonds, (i1) 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 Bondholder 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 Bondhoiders as shown on the
Registration Books, and all such payments shall
be valid and effective to fully satisfy and
discharge the Issue(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
ionger 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 exchange of
Depository Bonds for Bonds in Authorized
Denominations, the Issuer shall so notify the
Paying Agent and shall provide the Registrar
with a supply of executed unauthenticated
Bonds to be so exchanged. The Registrar shall
thereupon notify the owners of the Bonds and
provide for such exchange, and to the extent
that the Beneficial Owners are designated as the
transferee by the owners, the Bonds will be
delivered in appropriate form, content and
Authorized Denominations to the Beneficial
Owners, as their interests appear.
(e) Any substitute depository shall be
designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a
qualified and registered "clearing agency" as
provided in Section 17 A of the Securities
Exchange Act of 1934, as amended. The
substitute depository shall provide for (i)
immobilization of the Depository Bonds, (ii)
registration and transfer of interests in
Depository Bonds by book entries made on
records of the depository or its nominee and (iii)
payment of principal of, premium, if any, and
interest on the Bonds in accordance with and as
such interests may appear with respect to such
book entries.
Section 8. Registration of Bonds; Appointment
of Registrar; Transfer; Ownership; Delivery; and
Cancellation.
(a) Registration. The ownership of Bonds
may be transferred only by the making of an
entry upon the books kept for the 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 separate agreement
with the Issuer filed herewith which is made a
part hereof by this reference.) Registrar shall
138
Regular Session, April 17 , 2006
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 Commercial Code and Section 384.31
of the Code of iowa, subject to the provisions for
registration and transfer contained in the Bonds
and in this Resolution.
(b) Transfer. The ownership of any Bond may
be transferred only upon the Registration Books
kept for the registration and transfer of Bonds
and only upon surrender thereof at the office of
the Registrar together with an assignment duly
executed by the holder or his duly authortzed
attomey in fact in such form as shall be
satisfactory to the Registrar, along with the
address and social security number or federal
employer identification number of such
transferee (or, if registration is to be made in the
name of multiple Individuals, of all such
transferees). In the event that the address of
the registered owner of a Bond (other than a
registered owner which is the nominee of the
broker or dealer In question) is that of a broker
or dealer, there must be disclosed on the
Registration Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations
permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Bond, and bearing
interest at the same rate and maturing on the
same date or dates shall be delivered by the
Registrar.
(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
vaiid and effectual to satisfy and discharge the
liability upon such Bond, including the interest
thereon, to the extent of the sum or sums so
paid.
(e) Cancellation. All Bonds which have been
redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are
cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall
be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar
shall forward the cancelled Bonds to the Issuer.
(I) Non-Presentment of Bonds. In the event
any payment check representing payment of
principal of or interest on the Bonds is returned
to the Paying Agent or if any bond is not
presented for payment of principal at the
maturity or redemption date, ff funds sufficient to
pay such principal of or interest on Bonds shall
have been made available to the Paying Agent
for the benefit of the owner thereof, all liability of
the Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith cease,
terminate and be completely discharged, and
thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of
such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of
whatever nature on his part under this
Resolution or on, or with respect to, such
Interest or Bonds. The Paying Agent's obligation
to hold such funds shall continue for a period
equal to two years and six months following the
date on which such interest or principal became
due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time
the Paying Agent, shall surrender any remaining
funds so held to the Issuer, whereupon any
claim under this Resolution by the Owners of
such interest or Bonds of whatever nature shall
be made upon the Issuer.
(g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual
maturity. The Registrar shall furnish additional
bonds in lesser denominations (but not less than
the minimum denomination) to an owner who so
requests.
Section g. Reissuance of Mutilated, Destroyed,
Stolen or Lost Bonds. In case any outstanding
Bond shall become mutilated or be destroyed,
stolen or lost, the Issuer shall at the request of
Registrar authenticate and deliver a new Bond
of like tenor and amount as the Bond so
mutilated, destroyed, stolen or lost, in exchange
and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated
Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the
Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer
or its agent may prescribe and paying such
expenses as the Issuer may incur in connection
therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
Regular Session, April 17 , 2006
redemption, made in respect of any Bond, shall
be made to the registered holder thereof or to
their designated agent as the same appear on
the books of the Registrar on the 15th day
preceding the payment date. All such payments
shall fully discharge the obligations of the issuer
in respect of such Bonds to the extent of the
payments so made. Payment of principal shall
only be made upon surrender of the Bond to the
Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute
and deliver the Bonds to the Registrar, who shall
authenticate the Bonds and deliver the same to
or upon order of the Purchaser. No Bond shall
be valid or obligatory for any purpose or shall be
entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on
such Bond a Certificate of Authentication
substantially in the form of the Certificate herein
set forth. Such Certificate upon any Bond
executed on behalf of the Issuer shall be
conclusive evidence that the Bond so
authenticated has been duly issued under this
Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
139
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 written 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 follows:
Section] 3. Form of Bond. Bonds shall ~ printed in substantia] compliance witb
slandards proposed by lhe AmericBD Standards Institute substantially in lhe form as
follows:
(tit
(7)
{21
(j)
(tI)
(8)
(I)
(4)
1'1
(')
(91)
(10)
{Continued on lhe back oftbis Bond)
(II/(Il/!I.:!)
(]4)
(I')
FIGURE]
(Front)
140
Regular Session, April 17, 2006
(10)
(Continued)
FIGURE 2
(Back)
The text of the Bonds to be located thereon at
the item numbers shown shall be as follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION URBAN
RENEWAL BOND"
"SERIES 2006B"
Item 2, flg;..;;-e ~ = Rate:
Item 3, figure 1 = Maturity:
Item 4, figure 1 = Bond Date: May 2, 2006
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: $
Item 9, figure 1 = The City of Dubuque,
Iowa, a municipal corporation organized and
existing under and by virtue of the Constitution
and laws of the State of Iowa (the "Issue('), for
value received, promises to pay from the source
and as hereinafter provided, on the maturity date
indicated above, to
Item 9A, figure 1 = (Registration panel to be
completed by Registrar or Printer with name of
Registered Owner).
Item 10, figure 1 = or registered assigns, the
principal sum of (principal amount written out)
THOUSAND DOLLARS in lawful money of the
United States of America, on the maturity date
shown above, only upon presentation and
(l6)
FIOURE2
(Blel<)
surrender hereof at the office of Wells Fargo
Bank, National Association, Paying Agent of this
issue, or its successor, with interest on said sum
from the date hereof until paid at the rate per
annum specified above, payable on December
1, 2006, and semiannually thereafter on the 1 st
day o/June and December in each year,
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the
Registrar as of the 15\h ~ay prsceding such
interest payment date. Interest shall be
computed on the basis of a 36()"day year of
twelve 3D-day months.
This Bond is issued pursuant to the provisions
of Sections 403.12 and 364.24(3)(q) of the Code
of Iowa, for the purpose of paying costs of aiding
in the planning, undertaking and carrying out of
urban renewal project activities under the
authority of Chapter 403 of the Code of Iowa
and the Urban Renewal Plan for the Greater
Downtown Urban Renewal District, including
those costs associated with the construction of
improvements to the Iowa Street and Locust
Street public par1<ing ramp facilities, in
conformity to a Resolution of the Council of said
City duly passed and approved,
Unless this certificate is presented by an
authorized representative of The Depository
Trust Company, a limited purpose trust company
C'DTC'1, to the Issuer or its agent for registration
of transfer, exchange or payment, and any
Regular Session, April 17, 2006
141
certificate issued is registered in the name of
Cede & Co. or such other name as requested by
an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other
entity as is requested by an authorized
representative of DTC), ANY TRANSFER,
PLEDGE OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY
PERSON is WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an
interest herein.
Bonds maturing after June 1, 2014 may be
called for redemption by the Issuer and paid
before maturity on said date or any date
thereafter, from any funds regardless of source,
in whole or from time to time in part, in any order
of maturity and within an annual maturity by lot.
The terms of redemption shall be par, plus
accrued interest to date of call.
Thirty days' notice of redemption shall be
given by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to
any registered owner of the Bonds or any defect
therein shall not affect the validity of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for
redemption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is required,
the Registrar shall designate the bonds to be
redeemed by random selection of the names of
the registered owners of the entire annual
maturity until the total amount of bonds to be
called has been reached.
Ownership of this Bond may be transferred
only by transfer upon the books kept for such
purpose by Wells Fargo Bank, National
Association, the Registrar. Such transfer on the
books shall occur only upon presentation and
surrender of this Bond at the office of the
Registrar as designated below, together with an
assignment duly executed by the owner hereof
or his duly authorized attorney in the form as
shall be satisfactory to the Registrar. issuer
reserves the right to substitute the Registrar and
Paying Agent but shall, however, promptly give
notice to registered bondholders of such
change. All bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial
Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and
transfer contained in the Bond Resolution.
This Bond is a "qualified tax-exempt
obligation" designated by the City for purposes
of Section 265(b)(3)(B) of the internal Revenue
Code of 1986.
And it is hereby represented and certified that
all acts, conditions and things requisite,
according to the laws and Constnution of the
State of Iowa, to exist, to be had, to be done, or
to be performed precedent to the lawful issue of
this Bond, have been existent, had, done and
performed as required by law; that provision has
been made for the levy of a sufficient continuing
annual tax on all the taxable property within the
territory of the Issuer for the payment of the
principal and interest of this Bond as the same
will respectively become due; that the faith,
credit, revenues and resources and all the real
and personal property of the Issuer are
irrevocably pledged for the prompt payment
hereof, both principal and interest; and the total
indebtedness of the Issuer including this Bond,
does not exceed the constitutional or statutory
limitations.
IN TESTIMONY WHEREOF, the Issuer by its
Council, has caused this Bond to be signed by
the manual signature of tls Mayor and attested
by the manual signature of its City Clerk, with
the seal of said City impressed hereon, and to
be authenticated by the manual signature of an
authorized representative of the Registrar, Wells
Fargo Bank, National Association, Des Moines,
Iowa.
Item 11, figure 1 : Date of authentication:
Item 12, figure 1 : This is one of the Bonds
described in the within mentioned Resolution,
as registered by Wells Fargo Bank, National
Association.
WELLS FARGO BANK, NATIONAL
ASSOCIATION, Registrar
By:
Authorized Signature
Item 13, figure 1 : Registrar and Transfer
Agent:
Wells Fargo Bank, National Association
Paying Agent: Wells Fargo Bank, National
Association
SEE REVERSE FOR CERTAIN
DEFINITIONS
Item 14, figure 1 : (Seal)
Item 15, figure 1 : [Signature Block]
CITY OF DUBUQUE, IOWA
By: (manual signature)
Mayor
ATTEST:
By: (manual signature)
City Clerk
Item 16, figure 2 : [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby
sells, assigns and transfers unto
(Social Security or Tax
Identification No. ) the within Bond
and does hereby irrevocably constitute and
appoint attorney in fact to transfer
the said Bond on the books kept for registration
of the wfthin Bond, with full power of substitution
in the premises.
Dated
142
Regular Session, April 17, 2006
(Person(s) executing this Assignment sign(s)
'here)
SIGNATURE)
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond
with the name(s) as written upon the face of the
certificate(s) or bond(s) in every particular
without alteration or enlargement or any change
whatever. Signature guarantee must be
provided in accordance with the prevailing
standards and procedures of the Registrar and
Transfer Agent. Such standards and
procedures may require signature to be
guaranteed by certain eligible guarantor
institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual" Corporation
Partnership Trust
"If the Bond is to be registered in the names of
multiple individual owners, the names of all such
owners and one address and social security
number must be provided.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be
construed as though written out in full according
to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of
survivorship and not as tenants in common
IA UNIF TRANS MIN ACT
............ Custodian............
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act...................
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE
ABOVE LIST
Section 14. Contract Between Issuer' and
Purchaser. This Resolution constitutes a
contract between said City and the purchaser of
the Bonds.
Section 15. Non-Arbitrage Covenants. The
Issuer reasonably expects and covenants that
no use will be made of the proceeds from the
issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to
be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the
Internal Revenue Code of the United States, as
amended, and that throughout the term of the
Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer,
there are no facts or circumstances that would
materially change the foregoing statements or
the conclusion that it is not expected that the
proceeds of the Bonds will be used in a manner
that would cause the Bonds to be arbitrage
bonds. Without limiting the generality of the
foregoing, the Issuer hereby agrees to comply
with the provisions of the Tax Exemption
Certificate and. the provisions of the Tax
Exemption Certificate are hereby Incorporated
by reference as part of this Resolution. The
Treasurer is hereby directed to make and insert
all calculations and determinations necessary to
complete the Tax Exemption Certificate in all
respects and to execute and deliver the Tax
Exemption Certificate at issuance of the Bonds
to certify as to the reasonable expectations and
. covenants of the Issuer at that date.
Section . 16. Additional Covenants,
Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the
.purchasers and holders of the Bonds from time
to time outstanding that the Issuer through its
officers, (a) will make such further speCific
covenants, representations and assurances as
may be necessary or advisable; (b) comply with
all representations, covenants and assurances
contained in the Tax Exemption Certificate,
which Tax Exemption .Certificate shall constitute
a part of the contract between the Issuer and the
owners of the Bonds; (c) consult with bond
counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as
necessary, such sums of money representing
required rebates of excess arbitrage. profits
relating to the Bonds; (e) file such forms,
statements and supporting documents as may
be required and. in a timely manner; and (f) if
deemed necessary or .advisable by its officers,
to employ and pay fiscal agents, financial
advisors, attomeys and other persons to assist
the Issuer in such compliance. .
Section 17. Amendment of ResOluiion 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 18. Qualified Tax-Exempt Obligations.
For the sole purpose of qualifying the Bonds as
"Qualified Tax-Exempt Obligations" pursuant to
the Internal Revenue Code of the United States,
the Issuer designates the Bonds as qualified tax-
exempt obligations and represents that the
reasonably anticipated amount of tax-exempt
governmental and Code Section 501 (c)3
obligations which will be issued during the
.~
Regular Session, Apri/17, 2006
current calendar year will not exceed Ten (10)
Million Dollars.
Section 19. Continuing Disclosure. The Issuer
hereby covenants and agrees that it will comply
with and carry out all of the provisions of the
Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure
Certificate are hereby incorporated by reference
as part of this Resolution and made a part
hereof. Notwithstanding any other provision of
this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall
not be considered an event of default under this
Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may
be necessary and appropriate, including seeking
specific perfonnance by court order, to cause
the issuer to comply with its obligations under
the Continuing Disclosure Certificate. For
purposes of this section, "Beneficial Owne~'
means any person which (a) has the power,
directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any
Bond (including persons holding Bonds through
nominees, depositories or other intermediaries),
or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 20. Severability Clause. If any
section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
hereof, and this Resolution shall become
effective immediately upon its passage and
approval.
Section 21. Repeal of Conflicting Resolutions
or Ordinances. That all ordinances and
resolutions and parts of ordinances and
resolutions in conflict herewith are hereby
repeaied.
PASSED AND APPROVED this 17th day of
April, 2006.
Roy D. Buol, Mayor
Attest Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
General Obligation Refunding Bonds - Series
2006C; City Manager recommending approval of
the final action necessary for the issuance of the
General Obligation Refunding Bonds - Series
2006C to refund the outstanding balance on
2000 Series Band C Bonds, presented and
read. Connors moved that the communication
be received and filed. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 142-DS
RESOLUTION APPOINTING WELLS FARGO
BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING
AGENT,BOND REGISTRAR, AND TRANSFER
AGENT, APPROVING THE PAYING AGENT
143
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, $3,525,000
General Obligation Refunding Bonds, Series
2006C, 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 Des Moines, Iowa, 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 COUNCIL OF DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank, National
Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond
Registrar and Transfer Agent in connection with
the issuance of $3,525,000 General Obligation
Refunding Bonds, Series 2006C, dated the date
of delivery.
Section 2. That the Agreement with Wells
Fargo Bank, National Association of Des
Moines, Iowa, is hereby approved and that the
Mayor and Clerk are authorized to sign the
Agreement on behalf of the C~y.
PASSED AND APPROVED this 17th day of
April, 2006.
Roy D. Buol, Mayor
Attest Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTON NO, 143-0S
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $3,525,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES
200SC, 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 refunding and refinancing of
outstanding City indebtedness, consisting of the
General Obligation Bonds, Series 2000B, dated
June 1, 2000, and the General Obligation
Bonds, Series 2000C, dated November 1, 2000,
an essential corporate purpose, and it is
deemed necessary and advisable that General
144
Regular Session, April 17, 2006
Obligation Refunding Bonds in the amount of
$3,525,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as
required by Section 384.25 of said Code, this
Council has held a public meeting and hearing
upon the proposal to institute proceedings for
the issuance of said Bonds, and the Council is
therefore now authorized to proceed with the
issuance of said Bonds; and
WHEREAS, 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 CITY 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:
D" Authorized Denominations" shall mean
$5,000 or any integral multiple thereof.
D "Beneficial Owne~' 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.
D "Bond Fund" shall mean the fund created
in Section 3 of this
Resolution.
D "Bonds" shall mean $3,525,000 General
Obligation Bonds, Series 2006C, authorized to
be issued by this Resolution.
D "Cede & Co." shall mean Cede & Co., the
nominee of DTC, and any successor nominee of
DTC with respect to the Bonds.
D "Continuing Disclosure Certificate" shall
mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the
date of issuance and delivery of the Bonds, as
originally executed and as it may be amended
from time to time in accordance with the terms
thereof.
D "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.
D "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.
D "Escrow Fund" shall mean the fund
required to be established by this Resolution for
the deposit of the proceeds of the Bonds.
D "Issue~' and "City" shall mean the City of
Dubuque, Iowa.
D "Participants" shall mean those broker-
dealers, banks and other financial institutions for
which DTC holds Bonds as securities
depository.
D "Paying Agent" shall mean Wells Fargo
Bank, National Association, or such successor
as may be approved by Issuer as provided
herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide
for the payment of principal of and interest on
the Bonds as the same shall become due.
D"Rebate Fund" shall mean the fund so defined
in and established pursuant to the Tax
Exemption Certificate.
D"Refunded Bonds" shall mean the 2010
through 2020 principal maturities of the General
Obligation Bonds, Series 2000B, dated June 1,
2000, and the 2018 through 2020 principal
maturities of the General Obligation Bonds,
Series 2000C, dated November 1, 2000.
D"Representation Lette~' shall mean the Blanket
Issuer Letter of Representations executed and
delivered by the Issuer to DTC.
D"Resolution" shall mean this resolution
authorizing the Bonds.
D"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.
D "Treasure~' shall mean the City Treasurer or
such other officer as shall succeed to the same
duties and responsibilities with respect to the
recording and payment of the Bonds issued
hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose
of providing funds to pay the principal and
interest of the Bonds hereinafter authorized to
be issued, there is hereby levied for each future
year the following direct annual tax on all of the
taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION:
$289,401 200712008
139,098 200812009
304,098 200912010
303,075 201012011
301,785 201112012
305,223 201212013
298,285 201312014
301,255 201412015
298,748 2015/2016
300,948 201612017
732,653 201712018
731,653 201812019
744,315 201912020
(NOTE: For example the levy to be made and
certified a9ainst the taxable valuations of
January 1, 2005, will be collected during the
fiscal year commencing July 1,2006).
Regular Session, April 17, 2006
145
(b) Resolution to be Filed With County
Auditor. A certified copy of this Resolution
should be filed with the County Auditor of
Dubuque County, Iowa, and said Auditor is
hereby instructed in and for each of the years as
provided, to levy and assess the tax hereby
authorized in Section 2 of this Resolution, in like
manner as other taxes are levied and assessed,
and such taxes so levied in and for each of the
years aforesaid be collected in like manner as
other taxes of the City are collected, and when
collected be used for the purpose of paying
principal and interest on said Bonds issued in
anticipation of said tax, and for no other purpose
whatsoever.
(c) Additional City Funds Available. Principal
and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient
to pay the same shall be promptly paid when
due from current funds of the City available for
that purpose and reimbursement shall be made
from such special fund in the amounts thus
advanced.
Section 3. Bond Fund. Said tax shall be
collected each year at the same time and in the
same manner as, and in addition to, all other
taxes in and for the City, and when collected
they shall be converted into a special fund within
the Debt Service Fund to be known as the
"GENERAL OBLIGATION REFUNDING BOND
FUND 2006C" (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 aiso 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. Deposit of Proceeds In Escrow.
The proceeds derived from the sale of the
Bonds herein authorized shall be piaced in
escrow with Wells Fargo Bank, N.A. of
Dubuque, Iowa, as Trustee under the Refunding
Trust Agreement, which 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 in such manner
that the amounts deposited will be sufficient,
without the need of any further investment or
reinvestment to retire all of the Refunded Bonds
on June 1, 2009. All the terms and conditions 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 approved and confirmed
as binding upon the Issuer, and the Mayor and
City Clerk are hereby authorized to execute the
same on behalf of the Issuer.
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, 2005 (formerly Chapter 452,
Code of Iowa, as amended) or deposited in
financial institutions which are members of the
Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all
such deposijs exceeding the maximum amount
insured from time to time by FDIC or its
equivalent successor in anyone financial
institution shall be continuously secured In
compliance with the State Sinking Fund
provided under Chapter 12C of the Code of
Iowa, 2005, 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
Refunding Bonds, Series 2006C, of the City in
the amount of $3,525,000, shall be issued
pursuant to the provisions of Section 384.25 of
the City Code of Iowa for the aforesaid purpose.
The Bonds shall be designated "GENERAL
OBLIGATION REFUNDING BOND, SERIES
2006C", 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, 2006, and
semiannually thereafter on the ist day of June
and December in each year until maturity at the
rates hereinafter provided.
The Bonds shall be executed by the manual or
facsimile signature of the Mayor and attested by
the manual or facsimile signature of the Clerk,
and impressed or printed with the seal of the
City and shall be fully registered as to both
principal and interest as provided in this
Resolution; principal, interest and premium, if
any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered
owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof.
The Bonds shall mature and bear interest as
follows:
Interest
Rate
3.65%
3.70
3.75
3.75
3.80
3.85
3.90
3.95
4.00
Principal
Amount
$165,000
170,000
175,000
185,000
185,000
195,000
200,000
210,000
650,000
Maturity
June 1 st
2010
2011
2012
2013
2014
2015
2016
2017
2018
146
Regular Session, April 17, 2006
4.05 675,000 2019
4.10 715,000 2020
(b) Redemption. Bonds maturin9 after June
1, 2014 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, pius accrued interest to date of call.
Thirty days' notice of redemption shall be
given by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to
any registered owner of the Bonds or any defect
therein shall not affect the validity of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for
redemption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is required,
the Registrar shall designate the bonds to be
redeemed by random selection of the names of
the registered owners of the entire annual
maturity until the total amount of bonds to be
called has been reached.
Section 7. Issuance of Bonds in Book-Entry
Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this
Resolution regarding registration, ownership,
transfer, payment and exchange of the Bonds,
uniess the Issuer determines to permit the
exchange of Depository Bonds for Bonds in the
Authorized Denominations, the Bonds shall be
issued as Depos~ory 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 interest payment date for the
Bonds at the address indicated in or pursuant to
the Representation Letter.
(b) With respect to Depository Bonds, neither
the Issuer nor the Paying Agent shall have any
responsibility or obligation to any Participant or
to any Beneficial Owner. Without limijjng 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 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 Bondhoider 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 Issue~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 exchange of
Depository Bonds for Bonds in Authorized
Denominations, the Issuer shall so notify the
Paying Agent and shall provide the Registrar
with a supply of executed unauthenticated
Bonds to be so exchanged. The Registrar shall
thereupon notify the owners of the Bonds and
provide for such exchange, and to the extent
that the Beneficial Owners are designated as the
transferee by the owners, the Bonds will be
delivered in appropriate form, content and
Regular Session, April 17, 2006
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 17 A of the Securities
Exchange Act of 1934, as amended. The
substitute depository shall provide for (i)
immobilization of the Depository Bonds, (ii)
registration and transfer of interests in
Depository Bonds by book entries made on
records of the depository or its nominee and (Hi)
payment of principal of, premium, if any, and
interest on the Bonds in accordance with and as
such interests may appear with respect to such
book entries.
Section 8. Registration of Bonds; Appointment
of Registrar; Transfer; Ownership; Deiivery; 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 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
registration of ownership of the Bonds for the
payment of principal of and interest on the
Bonds as provided in this Resolution. All Bonds
shall be negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31
of the Code of iowa, subject to the provisions for
registration and transfer contained in the Bonds
and in this Resolution.
(b) Transfer. The ownership of any Bond may
be transferred only upon the Registration Books
kept for the registration and transfer of Bonds
and only upon surrender thereof at the office of
the Registrar together with an assignment duly
executed by the holder or his duly authorized
attorney in fact in such form as shall be
satisfactory to the Registrar, along with the
address and social security number or federal
employer identification number of such
transferee (or, if registration is to be made in the
name of multiple individuals, of all such
transferees). in the event that the address of
the registered owner of a Bond (other than a
registered owner which is the nominee of the
broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the
Registration Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations
permitted by this Resolution in aggregate
principal amount equal to the unmatured and
147
unredeemed principal amount of such
transferred fully registered Bond, and bearing
interest at the same rate and maturing on the
same date or dates shall be delivered by the
Registrar.
(c) Registration of Transferred Bonds. In all
cases of the transfer of the Bonds, the Registrar
shall register, at the earliest practicable time, on
the Registration Books, the Bonds, in
accordance with the provisions of this
Resolution.
(d) Ownership. As to any Bond, the person in
whose name the ownership of the same shall be
registered on the Registration Books of the
Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and
payment of or on account of the principal of any
such Bonds and the premium, if any, and
interest thereon shall be made only to or upon
the order of the registered owner thereof or his
legal representative. All such payments shall be
valid and effectual to satisfy and discharge the
liability upon such Bond, inciuding 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.
(I) Non-Presentment of Bonds. In the event
any payment check representing payment of
principal of or interest on the Bonds is returned
to the Paying Agent or if any bond is not
presented for payment of principal at the
maturity or redemption date, if funds sufficient to
pay such principal of or interest on Bonds shall
have been made availabie to the Paying Agent
for the benefit of the owner thereof, all liability of
the Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith cease,
terminate and be completely discharged, and
thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of
such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of
whatever nature on his part under this
Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obligation
to hold such funds shall continue for a period
equal to two years and six months following the
date on which such interest or principal became
due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time
the Paying Agent, shall surrender any remaining
funds so held to the Issuer, whereupon any
claim under this Resolution by the Owners of
148
Regular Session, April 17, 2006
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
Issuers expense, one bond for each annual
maturity. The Registrar shall furnish additional
bonds in lesser denominations (but not less than
the minimum denomination) to an owner who so
requests.
Section 9. Reissuance of Mutilated, Destroyed,
Stolen or Lost Bonds. In case any outstanding
Bond shall become mutilated or be destroyed,
stolen or lost, the Issuer shall at the request of
Registrar authenticate and deliver a new Bond
of like tenor and amount as the Bond so
mutilated, destroyed, stolen or lost, in exchange
and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated
Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the
Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer
or ils agent may prescribe and paying such
expenses as the Issuer may incur in connection
therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall
be made to the registered holder thereof or to
their designated agent as the same appear on
the books of the Registrar on the 15th day
preceding the payment date. All such payments
shall fully discharge the obligations of the Issuer
in respect of such Bonds to the extent of the
payments so made. Payment of principai shall
only be made upon surrender of the Bond to the
Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute
and deliver the Bonds to the Registrar, who shall
authenticate the Bonds and deliver the same to
or upon order of the Purchaser. No Bond shall
be valid or obligatory for any purpose or shall be
entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on
such Bond a Certificate of Authentication
substantially in the form of the Certificate herein
set forth. Such Certificate upon any Bond
executed on behalf of the Issuer shall be
conclusive evidence that the Bond so
authenticated has been duly issued under this
Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and delivered
by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer
authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the
Treasurer of the issuer directing the
authentication and delivery of the Bonds to or
upon the order of the Purchaser upon payment
of the purchase price as set forth therein;
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 written 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 follows:
Regular Session, April 17, 2006
149
Section 13. Form nfHond. Bonds shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
follows:
(III
Ill)
(7)
(8)
(I)
\..:/
PJ
14/
PI
(9)
(98)
(10)
(Continued 011 the back orlhis Bond)
\JlKI..:IOJj
\l4}
11'/
FIGURE ]
(Front)
-
(10) (16)
(Continued)
..- .
FIGURE 2
(Back)
150
Regular Session, April 17, 2006
The text of the Bonds to be located thereon at
the item numbers shown shall be as follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION REFUNDING
BONDS"
"SERIES 2006C"
Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity:
Item 4, figure 1 = Bond Date: May 2, 2006
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: $
Item g, figure 1 = The City of Dubuque,
Iowa, a municipal corporation organized and
existing under and by virtue of the Constitution
and laws of the State of Iowa (the "Issue~'), for
value received, promises to pay from the source
an~ as hereinafter provided, on the maturity date
indicated above, to
Item 9A, figure 1 = (Registration panel to be
completed by Registrar or Printer with name of
Registered Owner).
Item 10, figure 1 = or registered assigns, the
principai sum of (principal amount written out)
THOUSAND DOLLARS in lawful money of the
United States of America, on the maturity date
shown above, only upon presentation and
surrender hereof at the office of Wells Fargo
Bank, National Association, Paying Agent of this
issue, or its successor, with interest on said sum
from the date hereof until paid at the rate per
annum specified above, payable on December
1, 2006, and semiannually thereafter on the 1 st
day of June and December in each year.
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the
Registrar as of the 15th day preceding such
interest payment date. Interest shall be
computed on the basis of a 360-day year of
twelve 30-day months.
This Bond is issued pursuant to the provisions
of Section 384.25 of the City Code of klwa, for
the purpose of paying costs of refunding and
refinancing of outstanding City indebtedness,
consisting of the General Obligation Bonds,
Series 2000B, dated June 1, 2000, and the
General Obiigation Bonds, Series 2000C, dated
November 1, 2000, in conformity to a Resolution
of the Council of said City duly passed and
approved.
Unless this certificate is presented by an
authorized representative of The Depository
Trust Company, a limited purpose trust company
CDTC"), to the Issuer or its agent for registration
of transfer, exchange or payment, and any
certificate issued is registered in the name of
Cede & Co. or such other name as requested.by
an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other
entity as is requested by an authorized
representative of DTC), ANY TRANSFER,
PLEDGE OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY
PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an
interest herein.
Bonds maturing after June 1, 2014 may be
called for redemption by the Issuer and paid
before maturity on said date or any date
thereafter, from any funds regardless of source,
in whole or from time to time in part, in any order
of maturity and within an annual maturity by lot.
The terms of redemption shall be par, plus
accrued interest to date of call.
Thirty days' notice of redemption shall be
given by certified mail to the registered owner of
the Bond. Failure to give such notice by mail to
any registered owner of the Bonds or any defect
therein shall not affect the validity of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for
redemption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is required,
the Registrar shall designate the bonds to be
redeemed by random selection of the names of
the registered owners of the entire annual
maturity until the total amount of bonds to be
called has been reached.
Ownership of this Bond may be transferred
only by transfer upon the books kept for such
purpose by Wells Fargo Bank, National
Association, the Registrar. Such transfer on the
books shall occur only upon presentation and
surrender of this Bond at the office of the
Registrar as designated beiow, together with an
assignment duly executed by the owner hereof
or his duly authorized attorney in the form as
shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and
Paying Agent but shall, however, promptly give
notice to registered bondholders of such
change. All bonds shall be negotiabie as
provided in Article 8 of the Uniform Commercial
Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and
transfer contained in the Bond Resolution.
This Bond is a "qualified tax-exempt
obligation" designated by the City for purposes
of Section 265(b)(3)(B) of the Internal Revenue
Code of 1986.
And it is hereby represented and certified that
all acts, conditions and things requisite,
according to the laws and Constitution of the
State of Iowa, to exist, to be had, to be done, or
to be performed precedent to the lawful issue of
this Bond, have been existent, had, done and
performed as required by law; that provision has
Regular Session, April 17, 2006
been made for the levy of a sufficient continuing
annual tax on all the taxable property within the
territory of the Issuer for the payment of the
principal and interest of this Bond as the same
will respectively become due; that the faith,
credit, revenues and resources and all the real
and personal property of the Issuer are
irrevocably pledged for the prompt payment
hereof, both principal and interest; and the total
Indebtedness of the Issuer including this Bond,
does not exceed the constitutional or statutory
limitations.
IN TESTIMONY WHEREOF, the Issuer by Its
Council, has caused this Bond to be signed by
the manual signature of its Mayor and attested
by the manual signature of its City Clerk, with
the seal of said City impressed hereon, and to
be authenticated by the manual signature of an
authorized representative of the Registrar, Wells
Fargo Bank, National Association, Des Moines,
Iowa.
Item 11, figure 1 = Date of authentication;
Item 12, figure 1 =This is one of the Bonds
described in the within mentioned Resolution,
as registered by Wells Fargo Bank, National
Association.
WELLS FARGO BANK, NATIONAL
ASSOCIATION, Registrar
By:
Authorized Signature
Item 13, figure 1 = Registrar and Transfer
Agent:
Wells Fargo Bank, National Association
Paying Agent: Wells Fargo Bank,
National Association
SEE REVERSE FOR CERTAIN
OEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE, IOWA
By: (manual signature)
Mayor
ATTEST:
By: (manual signature)
City Clerk
Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby
sells, assigns and transfers unto
(Social Security or Tax
Identification No. ) the
within Bond and does hereby irrevocably
constitute and appoint attorney in
fact to transfer the said Bond on the books kept
for registration of the within Bond, with full power
of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s)
here)
SIGNATURE)
GUARANTEED)
151
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond
with the name(s) as written upon the face of the
certificate(s) or bond(s) in every particular
without alteration or enlargement or any change
whatever. Signature guarantee must be
provided in accordance with the prevailing
standards and procedures of the Registrar and
Transfer Agent. Such standards and
procedures may require signature to be
guaranteed by certain eligible guarantor
institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Transferee(s)
Address ofTransferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual' Corporation
Partnership Trust
'If the Bond is to be registered in the names of
multiple individual owners, the names of all such
owners and one address and social securtty
number must be provided.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be
construed as though written out in full according
to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of
survivorship and not as tenants in common
IA UNIF TRANS MIN ACT
............ Custodian............
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act...................
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE
ABOVE LIST
Section 14. Contract Between Issuer and
Purchaser. This Resolution constitutes a
contract between said City and the purchaser of
the Bonds.
Section 15. Non-Arbitrage Covenants. The
issuer reasonably expects and covenants that
no use will be made of the proceeds from the
issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to
be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the
Internal Revenue Code of the United States, as
amended, and that throughout the term of the
Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer,
there are no facts or circumstances that would
materially change the foregoing statements or
152
Regular Session, April 17, 2006
the conclusion that it is not expected that the
proceeds of the Bonds will be used in a manner
that would cause the Bonds to be arbitrage
bonds. Without limiting the generality of the
foregoing, the Issuer hereby agrees to comply
with the provisions of the Tax Exemption
Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated
by reference as part of this Resolution. The
Treasurer is hereby directed to make and insert
all calculations and detenminations necessary to
complete the Tax Exemption Certificate in all
respects and to execute and deliver the Tax
Exemption Certificate at issuance of the Bonds
to certify as to the reasonable expectations and
covenants of the Issuer at that date.
Section 16. Additional Covenants,
Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the
purchasers and holders of the Bonds from time
to time outstanding that the Issuer through its
officers, (a) will make such further specific
covenants, representations and assurances as
may be necessary or advisable; (b) comply with
all representations, covenants and assurances
contained in the Tax Exemption Certificate,
which Tax Exemption Certificate shall constitute
a part of the contract between the Issuer and the
owners of the Bonds; (c) consult with bond
counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as
necessary, such sums of money representing
required rebates of excess arbitrage profits
reiating to the Bonds; (e) file such fonms,
statements and supporting documents as may
be required and in a timely manner; and (I) if
deemed necessary or advisable by its officers,
to employ and pay fiscal agents, financial
advisors, attomeys and other persons to assist
the Issuer in such compliance.
Section 17. 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 18. Qualified Tax-Exempt Obligations.
For the sole purpose of qualifying the Bonds as
"Qualified Tax Exempt Obligations" pursuant to
the Internal Revenue Code of the United States,
the Issuer designates the Bonds as qualified tax-
exempt obligations and represents that the
reasonably anticipated amount of tax exempt
governmental and Code Section 501 (c)3
obligations which will be issued during the
current calendar year will not exceed Ten (10)
Million Dollars.
Section 19. Continuing Disclosure. The Issuer
hereby covenants and agrees that it will comply
with and carry out all of the provisions of the
Continuing Disclosure Certificate, and the
provisions' of the Continuing Disclosure
Certificate are hereby incorporated by reference
as part of this Resolution and made a part
hereof. Notwithstanding any other provision of
this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall
not be considered an event of default under this
Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may
be necessary and appropriate, including seeking
specific perfonmance by court order, to cause
the Issuer to comply with its obligations under
the Continuing Disclosure Certificate. For
purposes of this section, "Beneficial Owner"
means any person which (a) has the power,
directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any
Bond (including persons holding Bonds through
nominees, depositories or other intermediaries),
or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 20. Severability Clause. If any
section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
hereof, and this Resolution shall become
effective immediately upon its passage and
approval.
Section 21. Repeal of Conflicting Resolutions
or Ordinances. That all ordinances and
resolutions and parts of ordinances and
resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 17th day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 144-06
RESOLUTION AUTHORIZING THE REDEMp.
TION OF CERTAIN OF THE OUT-STANDING
GENERAL OBLIGATION BONDS, SERIES
2000B, DATED JUNE 1, 2000, AND GENERAL
OBLIGATION BONDS, SERIES 2000C,
DATED NOVEMBER 1, 2000, OF THE CITY OF
DUBUQUE, IOWA, AND DIRECTING NOTICE
OF REDEMPTION
WHEREAS, the Clly did by Resolution dated
June 5, 2000, authorize the issuance of
$2,750,000 General Obligation Bonds, Series
2000B, dated June 1, 2000 (the "Series 2000B
Bonds"); and
WHEREAS, the City did by Resolution No.
520-00 dated November 6, 2000, authorize the
issuance of $6,265,000 General Obligation
Bonds, Series 2000C, dated November 1, 2000
(the "Series 2000C Bonds"); and
WHEREAS, the Series 2000B Bonds and the
Series 2000C Bonds maturing after June 1,
2009 are redeemable in any order of maturity
Regular Session, April 17, 2006
153
upon giving notice in the manner provided in the
resolutions authorizing the issuance of the
Series 2000B Bonds and the Series 2000C
Bonds; and
WHEREAS, it is deemed necessary and
advisable that certain of the Series 2000B
Bonds and the Series 2000C Bonds be so
redeemed and notice of redemption be given.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA;
Section 1. That the 2010 through 2020
principal maturities of the General Obligation
Bonds, Series 2000B, dated June 1, 2000, in the
aggregate amount of $1,905,000, and the 2018
through 2020 principal maturities of the General
Obligation Bonds, Series 2000C, dated
November 1, 2000, in the aggregate amount of
$1,440,000, be and the same are hereby
redeemed as of June 1, 2009.
Wells Fargo Bank, N.A., as Registrar and
Paying Agent for the Refunded Bonds, is hereby
authorized and directed to cause notices of such
redemption to be given not less than thirty (30)
days prior to the redemption date.
Section 2. The Finance Director is hereby
authorized and directed to cause to be
deposited with Welis Fargo Bank, NA, as
trustee under the Refunding Trust Agreement
dated as of May 2, 2006, from the proceeds of
the General Obligation Refunding Bonds, Series
2006C, an amount sufficient to pay all principal
and interest on the redeemed Series 2000B
Bonds and the Series 2000C Bonds to the date
of redemption. The form of Refunding Trust
Agreement is hereby approved and the Mayor
and City Cierk are authorized to execute and
deliver the same for and on behalf of the City
upon issuance of the Series 2006C Bonds.
Section 3. That the form of such notices be
substantially as follows:
NOTICE OF THE CALL OF BONDS FOR
REDEMPTION
TO THE HOLDERS OF THE FOLLOWING
DESCRIBED BONDS:
Please take notice that the Bonds described
below have been called for redemption. Owners
of the Bonds should present their Bonds for
payment on the Redemption Date.
Issuer: City of Dubuque, Iowa
Original Issue Amount: $2,750,000
Bond Issue: General Obligation Bonds, Series
2000B
Dated Date: June 1, 2000
Redemption Date: June 1, 2009
Redemption Price: Par, plus accrued interest
Bonds Called for Redemption
Principal Interest Maturity CUSIP
Amount Rate Date Numbers
$130,000 5.800% June 1,2010 263867 NP4
140,000 5.800 June 1, 2011 263867 NQ2
145,000 5.800 June 1, 2012 263867 NRO
155,000 5.800 June 1,2013 263867 NS8
160,000 5.800 June 1, 2014 263867 NT6
170,000 5.800 June 1, 2015 263867 NU3
180,000 5.800 June 1, 2016 263867 NV1
190,000 5.800 June 1, 2017 263867 NW9
200,000 5.800 June 1, 2018 263867 NX7
210,000 5.800 June 1,2019 263867 NY5
225,000 5.875 June 1,2020 263867 NZ2
No representation is made as to the accuracy
of the CUSIP numbers printed
herein or on the Bonds.
The above Bonds should be presented to
Wells Fargo Bank, N.A., 666 Walnut Street, Des
Moines, Iowa 50309, telephone (515/245-8504).
This represents a full call of the outstanding
obligations. All interest will cease to accrue on
the Redemption Date.
Wells Fargo Bank, National Association
(End of Notice)
NOTICE OF THE CALL OF BONDS FOR
REDEMPTION
TO THE HOLDERS OF THE FOLLOWING
DESCRIBED BONDS:
Please take notice that the Bonds described
below have been called for redemption. Owners
of the Bonds should present their Bonds for
payment on the Redemption Date.
Issuer: City of Dubuque, Iowa
Original Issue Amount: $6,265,000
Bond Issue: General Obligation Bonds, Series
2000C
Dated Date: November 1, 2000
Redemption Date: June 1, 2009
Redemption Price: Par, plus accrued interest
Bonds Called for Redemption
Principal Interest Maturity CUSIP
Amount Rate Date Numbers
$455,000 5.125% June 1, 2018 263867 PS6
475,000 5.125 June 1, 2019
263867 PT 4
510,000 5.250 June 1, 2020
263867 PU1
No representation is made as to the accuracy
of the CUSIP numbers printed herein or on the
Bonds.
The above Bonds should be presented to
Wells Fargo Bank, NA, 666 Walnut Street, Des
Moines, Iowa 50309, telephone (515/245-8504).
This represents a full call of the outstanding
obligations. All interest will cease to accrue on
the Redemption Date.
Wells Fargo Bank, National Association
(End of Notice)
PASSED AND APPROVED this 17th day of
April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Senior Fitness Friends: Petition from the
Senior Fitness Friends thanking the City for
154
Regular Session, April 17, 2006
supporting the lifeTime Center's budget request
of $25,000, presented and read. Connors moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
iowa Department of Economic Development:
Communication from the Iowa Department of
Economic Deveiopment advising that the City
has been awarded a grant in an amount not to
exceed $350,000 for the HOME Investment
Partnership Program to assist in the conversion
of a building owned by Step by Step into seven
units for physically disabled women, presented
and read. Connors moved that the
communication be received and fiied. Seconded
by Lynch. Motion carried 7-0.
Step by Step - Affordable Housing Program:
City Manager recommending approval of the
City sponsoring an application to the Federal
Home Loan Bank for funds to assist in the
development of a residential facility to be owned
by Step by Step, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Lynch. Motion carried 7-0.
Community Partnership (cp2)' Program:
Communication from the Community
Development Advisory Commission
recommending that the Communily Partnership
(cp2) Program Grant for the Gannon Center be
transferred to Hillcrest Family Services,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 7-0.
RESOLUTION NO. 145-06
RESCINDING THE GANNON CENTER
COMMUNITY PARTNERSHIP (cpZ) GRANT
FOR THE TRANSPORTATION I MENTAL
HEALTH SKILL DEVELOPMENT PROGRAM
AND APPROVING THE TRANSFER OF
FUNDS FOR THE PROGRAM TO HILLCREST
FAMILY SERVICES
Whereas, on May 17, 2004 by Resolution 207-
2004, the City of Dubuque, Iowa (Recipient)
awarded the Gannon Center (Subrecipient)
$12,277 in Community Development Block
Grant (CDBG) funds for the Transportation I
Mental Health Skill Development program 2005
pursuant to the Community Partnership (cp2)
Grant Agreement (the Agreement); and
Whereas, the Subrecipient received an
extension on June 8, 2005 to extend the
expenditure of funds to June 30, 2006; and
Whereas, the Subrecipient has requested the
grant be transferred to Hillcrest Family Services
due to the closing of the Gannon Center; and
Whereas, the Community Deveiopment
Advisory Commission has approved the request
at their April 12, 2006 meeting: and
Whereas, City Council has determined that the
transfer of funds is in the best interests of the
City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
Section 1. The Communily Partnership (cp2)
Grant Agreement between the City of DUbuque
and the Gannon Center for the
Transportation/Mental Health Skill Development
Program as per Resolution 207-2004 is hereby
rescinded and remaining funds are transferred
to Hillcrest Family Services for the same
program.
Section 2. That the City Manager be and he is
hereby authorized to develop and execute a
grant agreement with Hillcrest Family Services
for the TransportationlMental Health Skill
Development Program in the amount of $6,755
in accordance with the program guidelines
established for the Community Partnership
Program and with the regulations of the
Community Development Biock Grant Program.
Section 3. That upon execution of said
agreement, the City Manager is hereby
authorized and directed to disburse program
funds in support of said project in accordance
with the terms and conditions established in said
agreement.
Dated this 17th day of April, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Partnership with Project Concern: City
Manager recommending approval to apply for
funding to assist homeless persons, in
partnership with Project Concern, under the US
Housing and Urban Development Shelter Plus
Care Program, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Lynch. Motion carried 7-0.
Purchase of Property - 1570 Maple Street:
City Manager recommending approval of the
purchase of property at 1570 Maple Street as
part of the acquisition program associated with
expansion of the Bee Branch Creek Restoration
Project, presented and read. Connors moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 146-06
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 1570 MAPLE STREET IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque intends to
acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for
Regular Session, April 17, 2006
stormwater mitigation activities as
recommended in the 2001 HDR "Drainage Basin
Master Plan;" and
WHEREAS, a purchase agreement has been
finalized with the owner of the fourth property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
The Southerty One-half of Lot 317 in East
Dubuque No. 2 in the City of Dubuque, Iowa
according to the recorded Plat thereof in
Dubuque County, Iowa
At the cost of Sixty-four thousand dollars ($64
000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resoiution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Purchase of Property - 512 Lincoln Avenue:
City Manager recommending approval of the
purchase of property at 512 Lincoln Avenue as
part of the acquisition program associated with
expansion of the Bee Branch Creek Restoration
Project, presented and read. Connors moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 147-05
A RESOLUTION APPROVING THE ACQUI-
SITION OF REAL ESTATE LOCATED AT 512
LINCOLN AVENUE IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque intends to
acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for
stormwater mitigation activities as
recommended in the 2001 HDR "Drainage Basin
Master Plan;" and
WHEREAS, a purchase agreement has been
finalized with the owner of the fifth property
scheduled for acquisition.
155
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
Lot 3 of the Subdivision of Lot 4 of Kniest's
Subdivision of part of Mineral Lot 314, in the City
of Dubuque, Iowa according to the recorded Plat
thereof in Dubuque County, Iowa
At the cost of Forty-two thousand dollars ($42
000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Ciaim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Busted Lift Lease: City Manager
recommending approval of an outdoor patio
lease for the Busted Lift to use the public right of
way to serve alcoholic beverages, presented
and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Lynch.
Motion carried 7-0.
Police Department Towing Contract: City
Manager recommending approval of the
issuance of a Request for Proposals for towing
services for Fiscal Years 2007 - 2009,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Lynch.
Motion carried 7-0.
Eagle Valley Subdivision Water Main
Extension Project: City Manager recommending
acceptance of the Eagle Valley Subdivision
Water Main Extension and Service Line Lateral
Project as completed by Fondell Excavatin9, Inc.
in the final contract amount of $74,897,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 7-0.
156
Regular Session, April 17, 2006
RESOLUTION 148-06
ACCEPTING IMPROVEMENT
Whereas, the Contract for the Eagle Valley
Subdivision Water Main and Service Line Laterai
Improvement Project has been completed and
the City's consultant Buesing and Associates of
Dubuque, Iowa and City staff recommend
acceptance of the project; and
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be accepted.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION 149-06
FINAL ESTIMATE
Whereas, the Contract for the Eagle Valley
Subdivision Water Main and Service Line Lateral
Improvement Project has been compieted and
the City has submitted the final estimate
showing the cost thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $74,897; and
Section 2. That the final payment $3,744.82 be
paid to Fondell Excavating, Inc. in accordance
with State Statutes from funds in the Water
Department's Fiscal Year 2004 CIP budget.
Passed, approved and adopted this 17th day
of April, .
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
DMATS Transportation Enhancement Grant:
City Manager recommending approval of a
$249,288 application to the Iowa Department of
Transportation for a Dubuque Metropolitan Area
Transportation Study (DMA TS) Transportation
Enhancements Grant for Phase 2 of the Iowa 32
(Northwest Arterial) Bike/Hike Trail Project,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 7-0.
RESOLUTION NO. 150-06
RESOLUTION APPROVING THE SUBMITTAL
OF AN APPLICATION FOR DMATS TRANS-
PORTATION ENHANCEMENTS FUNDING
FOR THE DUBUQUE HERITAGE TRAIL
EXTENSION: PHASE 2 OF THE IOWA 32
(NORTHWEST ARTERIAL) BIKE/HIKE TRAIL
PROJECT.
Whereas, the Dubuque Metropolitan Area
Transportation Study (DMA TS) has announced
the availability of Transportation Enhancements
Funding; and
Whereas, pedestrian and bicycle facilities are
eligible activities for this funding; and
Whereas, design, engineering and
construction costs are eligible for this funding;
and
Whereas, the City has adopted a
Comprehensive Plan that identified a
community-wide bike/pedestrian network that
includes extension of the Dubuque Heritage
Trail along iowa 32 (Northwest Arterial).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign and
submit this grant application to DMATS for
Transportation Enhancements funding for the
Dubuque Heritage Trail Extension: Phase 2 of
the Iowa 32 (Northwest Arterial) BikelHike Trail.
Section 2. That the City Council authorizes the
City Manager to utilize budgeted Capital
Improvement Program funds to provide the
match required by this program.
Section 3. That in the event said application is
approved, the City Council hereby provides its
written assurance that the completed project will
be adequately maintained for its intended publiC
use for a minimum of twenty-five (25) years
following the project.
Section 4. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the proposed budget.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Bonson Road Reconstruction Project: City
Manager recommending approval of the award
of the contract for the Bonson Road
Reconstruction Project to the low bidder,
Horsfield Construction, Inc., in the amount of
$507,813.55, presented and read. Connors
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 151-06
AWARDING CONSTRUCTION CONTRACT
FOR THE BON SON ROAD RECON-
STRUCTION PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Bonson Road
Reconstruction Project pursuant to Resolution
No. 86-06 and notice to bidders published in a
Regular Session, April 17, 2006
157
newspaper published in the City of Dubuque,
Iowa on the 10th day of March, 2006; and
Whereas, said sealed proposals were opened
and read on the 11th day of April, 2006, and it
has been determined that the bid of Horsfield
Construction, Inc. of Epworth, Iowa, in the
amount of $507,813.55 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Horsfield Construction, Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 152-06
APPROVING CONSTRUCTION CONTRACT
WITH HORSFIELD CONSTRUCTION, INC
FOR THE BONSON ROAD RECON-
STRUCTION PROJECT
Whereas, the City Council by Resolution No.
151-06 awarded the construction contract for the
Bonson Road Reconstruction Project to
Horsfield Construction, Inc.; and
Whereas, Horsfield Construction, Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The contract and bond attached hereto are
hereby approved.
The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Bunker Hill Golf Course - Gambling License:
City Manager recommending approval of the
application of Bunker Hill Golf Course for a
gambling license to conduct two raffles to raise
money for the golf course, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Lynch. Motion
carried 7-0.
Ice Harbor Marina Grant: City Manager
recommending approval of a 28E
Intergovemmental Agreement between the Iowa
Department of Natural Resources and the City
of Dubuque for the $100,000 Boating
Infrastructure Grant for the Ice Harbor Marina
Project, presented and read. Connors moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 153-06
RESOLUTION AUTHORIZING AN INTER-
GOVERNMENTAL AGREEMENT WITH THE
IOWA DEPARTMENT OF NATURAL RE-
SOURCES FOR A BOATING INFRA-
STRUCTURE GRANT FOR TRANSIENT BOAT
DOCKS AT THE PORT OF DUBUQUE
Whereas, the Iowa Department of Natural
Resources administers a Boating Infrastructure
Grant Program for transient boat docks; and
Whereas, the construction of transient boat
docks is an eligible project for the Boating
Infrastructure Grant Program; and
Whereas, the City of Dub'uque has determined
that the construction of transient boat docks in
the Ice Harbor at the Port of Dubuque is
consistent with the Port of Dubuque Master
Plan, a component of the 2002 Dubuque
Comprehensive Pian; and
Whereas, the construction of transient boat
docks at the Port of Dubuque is included as a
component of the Vision Iowa grant for the
America's River project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Intergovernmental
Agreement with the Iowa Department of Natural
Resources for a Boating infrastructure Grant to
fund construction of transient boat docks at the
Port of Dubuque is hereby approved.
Section 2. That the Mayor hereby is authorized
to sign and submit the Intergovernmental
Agreement for this project.
Passed, approved and adopted this 17th day
of April 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Lease Amendment for "Dubuque by Carriage"
City Manager recommending approval of the
Fifth Amendment to the lease agreement with
Carole Lindstrom of "Dubuque by Carriage,"
presented and read. Connors moved that the
158
Regular Session, April 17, 2006
communication be received and filed and
approved recommendation. Seconded by Lynch.
Motion carried 7-0.
Dubuque Golf and Country Club:
Communication from Richard Bugalski, General
Manager of the Dubuque Golf and Country Club,
requesting permission to display fireworks on
Juiy 4, 2006 at approximately 9:30 p.m..
presented and read. Connors moved that the
communication be received and filed and
approved request. Seconded by Lynch. Motion
carried 7-0.
U.S. Department of Housing and Urban
Development: Communication from the U.S.
Department of Housing and Urban Development
regarding the City's Community Development
Block Grant Program, presented and read.
Connors moved that the communication be
received and filed and referred to the City
Manager. Seconded by Lynch. Motion carried 7-
O.
Dubuque Yacht Basin Sublease Agreement:
City Manager recommending approval of a
sublease agreement between the Dubuque
Yacht Basin and Dubuque's American Lady,
L.L.C. for office space and dock space for
Dubuque's American Lady, L.L.C. to operate
dinner cruises on the Mississippi River,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Lynch.
Motion carried 7-0.
Legislative Correspondence:
Communications to local legislators encoura-
ging their opposition to HF 2321 regarding the
use of eminent domain by a municipality,
presented and read. Connors moved that the
communications be received and filed.
Seconded by Lynch. Motion carried 7-0.
Communication to local legislators
encouraging their opposition to HF 2794, a
Department of Revenue bill that includes
language regarding annexation, presented and
read. Connors moved that the communications
be received and filed. Seconded by Lynch.
Motion carried 7-0.
Business License Refund: Request of Asbury
Amoco Foodshop for a refund for their cigarette
license in the amount of $25.00, presented and
read. Connors moved that the communication
be received and filed and approved refund.
Seconded by Lynch. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 154-06
Whereas, applications for Beer Permits have
been submitted and filed to this 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 have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (14 - DAY SPECIAL EVENT)
Rotary Club of Dubuque Grand Opera House+
(Sunday Sale) 135 W. 8th St
CLASS "C" BEER PERMIT
Oriental Food & Gift Lien Oriental America
Food+(Sunday Sale) 115 W. 11th St
Mulgrew Oil Company 16th St Auto / Truck
Plaza+(Sunday Sale) 1215 E. 16th St
Kwik Trip Inc Tobacco Outlet #504+
(Sunday Sale) 806 Wacker Dr
Rainbo Oil Company Kwik Stop C-Stores+
(Sunday Sale) 2335 Universijy
Sahajanand Enterprises Paro Foods Mart+
(Sunday Sale) 3200 Central Av
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 155-06
Whereas, applications for Liquor Licenses
have been submitted to this 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 State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "CO LIQUOR LICENSE
(5-DAY SPECIAL EVENT)
Carlos O'Kelly's Inc Carlos O'Kelly's
(Chili Cookoff) Port of Dubuque
CLASS "A" (CLUB) LIQUOR LICENSE
Dubuque Moose Lodge # 355 Dubuque Lodge #
355+(Sunday Sale) 2635 Windsor Ave
CLASS "CO BEER/LIQUOR LICENSE
Club Sublime LLC Sublime+
(Sunday Sale) 3203 Jackson St
Regular Session, April 17, 2006
159
Da Vinci's
395 W. 9th ST
Whiskey River+
1064 University Av
West Dubuque Tap+
1701 Asbury Rd
Hudson's Classic Grill+
2345 NW Arterial
Loras College+
1450 Alta Vista
Lot One LLC+
100 Main St
Carlos O'Kelly's
1355 Associates D
The Penalty Box
1700 Central Av
CLASS "B" WINE
Hill Street Plaza
Da Vinci's Management LLC
Rest. / Lounge+(Sunday Sale)
Chad Streff
(Sunday Sale)
Donna Ginter
(Sunday Sale)
Heim Enterprise
(Sunday Sale)
Aramark Educational Servo
(Sunday Sale)
Lot One, LLC
(Sunday Sale)
Carlos O'Kelly's Inc
(1 Day Outdoor Sale)
Cindy McKenna
Oky Doky # 8
535 Hill St
Passed, approved and adopted this 17th day
of April, 2006.
Roy D, Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
Fiscal Year 2006 Budget Amendment: City
Manager recommending that a public hearing be
set for May 1, 2006 to consider the second
amendment to the Fiscal Year 2006 budget,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
RESOLUTION NO. 156-06
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2006 BUDGET FOR THE CITY
OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides
that the City Council shall set a time and place
for a public hearing on amendments to the
budget and publish notice before the hearing as
provided in iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct
a public hearing on proposed Amendment NO.2
to the Fiscal Year 2006 budget for the City of
Dubuque at the Carnegie Stout Public Library
Auditorium, 360 West 11th Street, Dubuque,
Iowa, on Monday, May 15, 2006, beginning at
6:30 p.m.
Section 2. That the City Clerk be and is hereby
authorized and directed to publish notice of the
public hearing, according to law, together with
the required budget Information.
Passed, approved and adopted this 17th day
of April 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Housing Code Appeals Board (One unexpired
three-year term through 1/11/08) Applicant:
David Young
Long Range Planning Advisory Commission
(One unexpired three-year term through 7/1/08)
Applicant: Otto Krueger Mr. Krueger spoke
requesting consideration for appointment.
TV Cable Regulatory Commission (One
unexpired three-year term through 6/30/07)
Applicant: Kevin R. Stevens Mr. Stevens
spoke requesting consideration for appointment.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Connors. Motion carried 7-0.
Request to Rezone - 3219 Asbury Road:
Proof of publication on notice of hearing to
consider rezoning property located at 3219
Asbury Road from R-2c Two-Family Residential
District, with conditions, to OS Office Services
District to permit a chiropractic office as
requested by Injun Chong and Zoning Advisory
Commission recommending denial, presented
and read.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
property located at 3219 Asbury Road from R-2c
Two-Family Residential District, with condrtions,
to OS Office Service District, presented and
read.
Michalski moved to receive and file the proof
and communication and concur with the denial.
Seconded by Braig. Motion failed due to the
following vote: Yeas-Jones, Michalski. Nays-
Braig, Buol, Cline, Connors, Lynch.
Cline then moved to receive and file the proof
and communications and consider this the first
reading of the Ordinance. Seconded by
Connors. Carried by the following vote: Yeas-
Braig, Buol, Cline, Connors, Jones, Lynch.
Nays-Michalski.
2006 Asphalt Paving Project: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
2006 Asphalt Paving Project and City Manager
recommending award of the contract to River
City Paving, a Division of Mathy Construction
160
Regular Session, April 17, 2006
Company, in the amount of $1,010,696.46,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 157-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 15th day of March, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the 2006 Asphalt Paving
Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 158-06
AWARDING CONSTRUCTION CONTRACT
FOR THE 2006 ASPHALT PAVING PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2006 Asphalt
Paving Project pursuant to Resolution No. 101-
06 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 24th day of March, 2006.
Whereas, said sealed proposals were opened
and read on the 11th day of April, 2006, and it
has been determined that the bid of River City
Paving, a Division of Mathy Construction
Company, of Dubuque, Iowa, in the amount of
$1,010,696.46 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to River City Paving, a Division of
Mathy Construction Company, and the Manager
be and is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 159-06
APPROVING CONSTRUCTION CONTRACT
WITH RIVER CITY PAVING FOR THE 2006
ASPHALT PAVING PROJECT
Whereas, the City Council by Resolution No.
158-06 awarded the construction contract for the
2006 Asphalt Paving Project to River City
Paving, a Division of Mathy Construction
Company; and
Whereas, River City Paving, a Division of
Mathy Construction Company, has submitted
the attached executed contract and bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Port of Dubuque Parking Lot NO.1: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
Port of Dubuque Parking Lot No. 1 Project and
City Manager recommending award of the
contract to Portzen Construction, Inc., in the
amount of $449,989, presented and read.
Michalski moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 160-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 20th day of March, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Port of Dubuque -
Parking Lot 1 Reconstruction and Landscaping
Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, April 17, 2006
161
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 161-06
AWARDING CONSTRUCTION CONTRACT
FOR THE PORT OF DUBUQUE - PARKING
LOT 1 RECONSTRUCTION AND LAND-
SCAPING PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Port of Dubuque
- Parking Lot 1 Reconstruction and Landscaping
Project pursuant to Resolution No. 104-06 and
notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on the
24th day of March, 2006.
Whereas, said sealed proposals were opened
and read on the 6th day of April, 2006, and it
has been determined that the bid of Portzen
Construction, Inc. of Dubuque, Iowa, in the
amount of $449,989.00 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Portzen Construction, Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 162-06
APPROVING CONSTRUCTION CONTRACT
WITH PORTZEN CONSTRUCTION, INC. FOR
THE PORT OF DUBUQUE - PARKING LOT 1
RECONSTRUCTION AND LANDSCAPING
PROJECT
Whereas, the City Council by Resolution No.
161-06 awarded the construction contract for the
Port of Dubuque - Parking Lot 1 Reconstruction
and Landscaping Project to Portzen
Construction, Inc.; and
Whereas, Portzen Construction, Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michaiski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Connors moved to reinstate the rules limiting
discussion to the Council. Seconded by Braig.
Motion carried 7-0.
ACTION ITEMS
Roger Kunde/North End Wrecking - Request
to Rezone (First Reading on March 20, 2006;
Second Reading April 3, 2006):
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located
at 55 West 32nd Street from AG Agricultural
District to HI Heavy Industrial District, said
Ordinance having been presented and read on
3120/06 and 4/3/06, now presented for final
action.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 55 W. 32ND
STREET FROM AG AGRICULTURAL
DISTRICT TO HI HEAVY INDUSTRIAL
DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended, subject to the
conditions(s) in the attached Memorandum of
Agreement, by reclassifying the hereinafter
described property as shown in Exhibit A, all in
the City of Dubuque, Iowa from AG Agricultural
District to HI Heavy Industrial District.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
162
Regular Session, April 17 , 2006
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(2005), and as an express condition of rezoning
of the property shown in Exhibit A, which is the
subject of Ordinance No. 28-06, a copy of which
is attached hereto and incorporated herein by
reference, the undersigned property owners
agree to the following conditions, all of which the
property owner further agrees are reasonable
and are imposed to satisfy public needs which
are caused directly by the rezoning:
A) Conditions: The following conditions shall
apply to the subject property:
1) Screening be installed along the north
zoning district boundary line as per submitted
cross section.
2) Hours of operation be limited to 8:00 a.m.
to 5:30 p.m. Monday through Friday, and 8:00
a.m. to 12:30 p.m. on Saturday.
3) The bailer and crusher not be placed on
the rezoned property.
4) No building will be located on the rezoned
property.
5) No salvage vehicles will be stacked on the
rezoned property.
6) No salvage vehicles will be placed on the
rezoned property where they will not be shielded
visually from off-site by penmanent screening on
the north boundary line.
7) The screening fence along northwest
portion of the north district boundary line will be
completed by January 1, 2007, as per submitted
planting plan.
8) The screening fence along the northeast
portion of the north district boundary line will be
completed by January 1, 2008, as per submitted
planting plan.
B) Reclassification of the Subject Property. The
City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the AG
Agricultural District (which rezoning will include
the removal of the performance standards in
Section A above) if the property owner fails to
complete any of the conditions or provisions of
this Agreement.
C) Modifications. Any modifications of this
Agreement shall be considered a zoning
reclassification and shall be subject to the
provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications
must be approved by the City Council of
Dubuque, Iowa.
D) Recording. A copy of this Agreement shall
be recorded with the Dubuque County Recorder
as a permanent record of the conditions
accepted as part of this rezoning approval within
thirty (30) days of the adoption of Ordinance No.
28-06.
E) Construction. This Agreement shall be
construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the
City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the
undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 28-06
I, Roger Kunde, representing North End
Wrecking, Inc., property owner, having read the
terms and conditions of the foregoing Ordinance
No. 28-06 and being familiar with the conditions
thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 27th day of
March, 2006.
By: /s/ Roger Kunde, President
Published officially in the Telegraph Herald
newspaper this 21 st day of April, 2006.
Jeanne F. Schneider, City Clerk
11 4/21
Cline moved final consideration and passage
of the Ordinance. Seconded by Jones. Carried
by the following vote: Yeas-Braig, Cline,
Connors, Jones, Lynch. Nays-Buol, Michalski.
Kunkel, Bounds & Associates, Inc.
Application for Financial Assistance: City
Manager recommending approval of the
submission of an application for financial
assistance to the Iowa Department of Economic
Development on behalf of Kunkel, Bounds &
Associates, Inc. to assist their relocation project
to the Dubuque Technology Park, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 163-06
A RESOLUTION AUTHORIZING THE FILING
OF AN IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT APPLICATION FOR FINAN-
CIAL ASSISTANCE ON BEHALF OF KUNKEL,
BOUNDS & ASSOCIATES, INC.
Whereas, Kunkel, Bounds & Associates, Inc.
has proposed the relocation of its operations to
the Dubuque Technology Park in Dubuque,
iowa; and
Whereas, the City Council of Dubuque, Iowa
has considered said proposal and has
detenmined that the proposed project will
contribute to the local economy through the
creation of 24 new full-time jobs for area
residents; and
.
Regular Session, April 17, 2006
163
Whereas, the Iowa Department of Economic
Development's financial assistance programs
are designed to assist in the economic
development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible
to apply for funding from the state's financial
assistance programs.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Iowa
Department of Economic Development
Application for Financial Assistance on behalf of
Kunkel, Bounds & Associates, Inc. is hereby
approved.
Section 2. That the local match Identified in the
application consisting of a land discount and a
10-year TI F rebate to the company is hereby
approved, subject to the Iowa Department of
Economic Development's approval of the
application.
Section 3. That the Mayor is hereby authorized
to execute and the City Manager is hereby
directed to submit said application to the Iowa
Department of Economic Development together
with such documents as may be required.
Passed, approved, and adopted this 17th day
of April 2006.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Proposed Hunting Ordinance: Communication
from Thomas Henschel, 995 June Drive,
requesting reconsideration of the proposed
hunting ordinance for certain property owners
within the City limits, presented and read. Jones
moved that the communication be received and
filed. Seconded by Lynch. Carried by the
following vote: Yeas-Braig, Buol, Connors,
Jones, Lynch, Michalski. Nays-Cline.
Jones moved to reconsider the third reading of
the Ordinance. Seconded by Lynch. Carried by
the following vote: Yeas-Braig, Buol, Connors,
Jones, Lynch, Michalski. Nays-Cline. Jones
moved to refer this matter to City Manager and
directed that the ordinance be revised to include
the issuance of permits on a case-by-case basis
and that the City Manager be authorized to
approve the permits. Seconded by Braig.
Carried by the following vote: Yeas-Braig,
Buol, Connors, Jones, Lynch, Michalski. Nays-
Cline.
Eagle Valley Subdivision NO.2: Zoning
Advisory Commission recommending approval
of the final plat of Eagle Valley Subdivision No.2
as requested by Buesing & Associates/Fondell
Excavating, Inc., presented and read. Michalski
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 164-06
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 7 OF EAGLE VALLEY
SUBDVISION NO. 2 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 thru 7 of Eagle Valley
Subdivision No.2; in the City of Dubuque, Iowa;
and
Whereas, said final plat has been examined by
the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the final plat of Lots 1 thru 7 of
Eagle Valley Subdivision No. 2 is hereby
approved and that the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
said final plat.
Passed, approved and adopted this 17th day
of April 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cieri<
Michaiski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Key City Properties - Plat #3 - Final Plat:
Zoning Advisory Commission recommending
approval of the final plat of Key City Properties -
Plat #3 as requested by Key City Properties,
LLC., presented and read. Connors moved that
the communication be received and filed.
Seconded by Bralg. Motion carried 7-0.
RESOLUTION NO. 165-06
RESOLUTION APPROVING THE FINAL PLAT
OF KEY CITY PROPERTIES PLAT NO.3 IN
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City
Cieri< a final plat of Key City Properties Plat No.
3; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the Zoning Advisory Commission and had their
approval endorsed thereon; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating hereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
164
Regular Session, April 17, 2006
Section 1. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations except Section
42-19, Lots and Blocks.
Section 2. That the Final Plat of Key City
Properties Plat No. 3 is hereby approved and
the Mayor and City Clerk are hereby authortzed
and directed to endorse the approval of the City
of Dubuque, Iowa upon said subdivision plat.
Passed, approved and adopted this 17th day
of Aprtl 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Dubuque Industrtal Center West 5th Addition -
Final Plat: Zoning Advisory Commission
recommending approval of the final plat of
Dubuque Industrial Center West 5th Addition as
requested by the City of Dubuque, presented
and read. Jones moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 166-06
A RESOLUTION APPROVING THE FINAL
PLAT OF DUBUQUE INDUSTRIAL CENTER
WEST 5th ADDITION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk the Final Plat of Dubuque Industrial Center
West 5th Addition in the City of Dubuque; and
Whereas, upon said Final Plat appears certain
public utility and sanitary sewer easements
which the owners by said Final Plat have
dedicated to the publiC forever; and
Whereas, said Plat provides 0 feet of lot
frontage for Lots C and D, where 100 feet of lot
frontage is required by Ordinance No. 83-04,
Section (C)(2) which establishes bulk standards
for the Dubuque Industrial Center West; and
Whereas, said Final Plat has been reviewed
by the Zoning Advisory Commission and had
their approval endorsed thereon; and
Whereas, said Final Plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relating to it,
except that no streets or public utilities have yet
been constructed or installed, and that a
preliminary plat has not been submitted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, iOWA:
Section 1. That the dedication of easements
for public utilities and sanitary sewer as they
appear upon said Final Plat be and the same
are hereby accepted.
Section 2. That the lot frontage requirement of
100 feet established by Ordinance No. 83-04,
Section (C)(2) is waived to allow Lots C and D to
have 0 feet of frontage.
Section 3. That the Final Plat of Lots 1 thru 5,
and Lots A, B, C and D of Dubuque Industrtal
Center West 5th Addition 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 Final
Plat.
Section 4. Sidewalk installation shall be the
responsibility of the owner of the property
abutting the public rtght-of-way, including lots
with multiple frontages, as required by City Code
41-161 through 41-164. The responsibility shall
extend to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed
except as required herein. Sidewalks shall be
five (5) feet in width and installed one (1) foot
from the property line. All vacant lots shall have
sidewalks installed upon development of eighty
percent (80%) of the developable lots approved
by the Final Plat.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer that all public
improvements have been completed in
accordance with the improvement plans and City
standard specifications.
Passed, approved and adopted this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cieri<
Jones moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Timber-Hyrst Estates - Final Plat: City
Manager recommending approval of the final
plat of Timber-Hyrst Estates located in the City
of Dubuque, Iowa as requested by North
Cascade Road Developers, LLC, presented and
read. Jones moved that the communication be
received and filed. Seconded by Lynch. Motion
carried 7-0.
RESOLUTION NO. 167-06
A RESOLUTION APPROVING FINAL PLAT
OF TIMBER-HYRST ESTATES IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Piat of Timber-Hyrst Estates in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street
to be known as Creek Wood Drive, together with
certain public utility, storm sewer, sanitary
sewer, water mains and maintenance,
easements and right-of-way access (Lot M),
which the owners by said final plat have
dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had ils approval endorsed thereon; and
Whereas, said final piat has been reviewed by
the City Planner and had her approval endorsed
Regular Session, April 17, 2006
165
thereon, subject to the owners agreeing to the
conditions noted in Section 2 and 3 beiow; and
Whereas, said finai plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances reiating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Creek Wood
Drive (Lot A) together with the easements for
public utilities, sanitary sewer, storm sewer,
water mains and maintenance, as they appear
upon said final plat, be and the same are hereby
accepted; and
Section 2. That the Flnai Piat of Timber-Hyrst
Estates is hereby approved by the Mayor and
City Cierk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said final piat, provided the owners
of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Creek Wood Drive (Lot A) to
grade and to construct concrete curb and gutter
and to hard surface with asphaltic concrete, or
with concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(b) To construct a 156'6" long, 3D-foot wide
bridge over Catfish Creek in conformance with
construction improvement plans approved by the
City Engineer and inspected by the City
Engineer.
(c) To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(d) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(e) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said North Cascade
Road Developers, LLC, as owners of said
property, shall secure the performance of the
foregoing conditions provided in this Section by
providing guarantees in such form and with such
sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on deveioped
lots will not be required until 50%. of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 5. That in the event North Cascade
Road Developers, LLC fails to execute the
acceptance and furnish the guarantees provided
in Sections 2 and 3 hereof within 180 days after
the date of this Resolution, the provisions hereof
shall be null and void and the acceptance of the
dedication and approval the plat shall not be
effective.
Passed, approved and adopted this 17th day
of April 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Nowata Street Parking: City Manager
recommending approval of the removal of the
parking prohibition on the west side of Nowata
Street between Loras Boulevard and University
Avenue, presented and read. Connors moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
An Ordinance Amending Section 32-262(d) of
the Code of Ordinances of the City of Dubuque,
Iowa, prohibiting parking on designated streets
or portions thereof by deleting Nowata Street,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-06
AMENDING SECTION 32-262(d) OF THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, PROHIBITING PARKING
ON DESIGNATED STREETS OR PORTIONS
THEREOF BY DELETING NOWATA STREET
NOW THEREFORE, BE IT ORDAINED BY
166
Regular Session, April 17, 2006
COUNCIL MEMBER REPORTS
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by deleting
from Subsection (d) of Section 32-262 the
following:
Nowata Street, west side, from Loras
Boulevard to University Avenue.
Passed, adopted and approved this 17th day
of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 21 st day of April, 2006.
Jeanne F. Schneider, City Clerk
11 4/21
Connors moved 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 finally passed be
suspended. Seconded by Michalski. Motion
carried 7-0. Connors moved final consideration
and passage of the Ordinance. Seconded by
Michalski. Motion carried 7-0.
Unified Development Code: City Manager
recommending approval of the issuance of a
revised Request for Proposals (RFP) for the
Unified Development Code, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Braig. Motion
carried 7-0. "'\
Council thanked staff for the inclusion of the
bluffiands and big box developments in the
revised Request for Proposals. Buol requested
that language similar to the bluffiands be applied
to the big box developments.
Midwest Bluffiand Ordinances: City Manager
submitting examples of Midwest Bluffiand
Ordinances, presented ~d read. Lynch moved
that the communication be received and filed.
Seconded by Braig. Motion carried 7-0.
NIMS Training Session: City Manager
recommending that a training session on the
National Incident Management System (NIMS)
be scheduled for June 12, 2006 beginning at
5:15 p.m., presented and read. Connors move
that the communication be received and file
and approved. Seconded by Jones. Motion
carried 7-0.
Library Renovation Project: City Manager
recommending that a work session be
scheduled for Monday, May 15, 2006 at 5:15
p.m. for a presentation on the Library renovation
plans, presented and read. Michalski moved that
the communication be received and filed and
approved recommendation. Seconded by Lynch.
Motion carried 7-0.
Cline voiced concern with the color of the
signage on Highway 61/151 off-ramp as it is
difficullto read.
At 8:18 P.M. Michalski moved to go into
Closed Session re: Property Acquisition -
Chapter 21.5 (1) 0) 2005 Code of Iowa.
Seconded by Connors. Motion carried 7-0.
At 8:35 P.M. Council reconvened Regular
Session stating staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
8:36 P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
11 4/26
2006
2006
Adopted
Council Members