3 21 16 City Council Proceddings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on March 21, 2016 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Jones; Council Members Connors, Del Toro, Lynch, Res-
nick, Rios; City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro -Tem Jones read the call and stated this is a special session of the City
Council called for the purpose of conducting a work session on the U.S. EPA Semi An-
nual Consent Decree Update.
WORK SESSION
U.S. EPA Semi Annual Consent Decree Update
Environmental Engineer Denise Ihrig introduced staff and provided a slide presenta-
tion. Topics included:
• History of the Clean Water Act, National Pollutant Discharge Elimination System
(NPDES) and Consent Decree
• Sanitary Sewer Overflows (SSOs)
o Causes and Reporting
• Capacity, Management, Operation, and Maintenance (CMOM) Program
o Fats, Oils and Grease (FOG) Program
• Remedial Measures: Corrections and Upgrades)
• Water & Resource Recovery Center
• SEP Green Alleys
• Corrective Actions Identified Through Source Detection
o Inflow & Infiltration (I&I)
• Source Detection and Summary
• Sewershed Improvements
o SCADA Collection System
• Compliance and Success
• Next Steps
The City Council had discussion with staff following the work session.
There being no further business, upon motion the City Council adjourned at 6:15 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 21, 2016 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via phone); Mayor Pro -Tem Jones; Council Members Connors,
Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl
Mayor Pro -Tem Jones read the call and stated this is a regular session of the City
Council called for the purpose of conducting such business that may properly come be-
fore the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION
National League of Cities 2016 First Place City Cultural Diversity Award was pre-
sented to the City of Dubuque for its support of Inclusive Dubuque and its efforts to de-
velop a community equity profile by Kate Zanger of Clarke College, John Stewart of the
Multicultural Family Center, Eric Dregne of the Community Foundation of Greater
Dubuque and Katrina Farren -Eller of Inclusive Dubuque.
PROCLAMATION(S)
Autism Awareness Month (April 2016) was accepted by Laura Keehner of Hills and
Dales, 1011 Davis Street. City Manager Van Milligen added that the Historic Federal
Building will be lighted in blue lights in recognition of the event.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Andrew Makovec requested (#7) Andrew
Makovec Claim Appeal be held for separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Minutes of 3/7, 3/14; Human Rights
Commission of 2/8; Library Board of Trustees of 1/28 and Council Update of 2/26; Zon-
ing Advisory Commission of 3/2; Proof of Publication for City Council Proceedings of
2/15, 2/17, 2/18, 2/22, and 2/24; Proof of Publication for List of Claims and Summary of
Revenues for Month Ending 1/31. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Catherine Christensen for personal injury; Laura
Gerner for property damage; William and Racquel McClellen and Ramone Bowen, Jr.
for personal injury and property damage; Iraida Nazario for property damage. Upon mo-
tion the documents were received, filed and referred to the City Attorney.
2
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Catherine Christensen for personal injury; Laura Gerner for property
damage; William and Racquel McClellan and Ramone Bowen, Jr. for personal injury
and vehicle damage; Iraida Nazario for property damage. Upon motion the documents
were received, filed and concurred.
4. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
certified list for the position of Water Distribution Equipment Operator. Upon motion the
documents were received, filed and made a Matter of Record.
February 23, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Water Distribution Equipment Operator was administered on February 3, 2016. We
hereby certify that the individuals listed below have passed this written examination and
the vacancy for this position should be made from this list and that this list is good for
two (2) years from above date.
Water Distribution Equipment Operator
1 John Ungs 10
2 Mark Tinkham 11
3 F. Michael Gruber 12
4 John Kirk 13
5 Derek Duehr 14
6 Donnie Wand 15
7 Justin Licht 16
8 Jeremy Daughetee 17
9 Anthony Johnson 18
19
Martin Kearney
Bryon Schueller
Brennan Udelhofen
Nicholas Ryan
Nicholas McLaughlin
Pat Till
Richard Zeller
Robert Blake
Conan Grap
Michael Mangers
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
5. Heritage Works Letter of Support for Eagle Point Park Celebration and Symposi-
um: City Manager transmitting Mayor Buol's Letter of Support for Heritage Works to
produce a celebration for and academic symposium about Alfred Caldwell's work at Ea-
gle Point Park. Upon motion the document was received and filed.
6. Acceptance of Donation of Lot Adjacent to Southern Park: City Manager recom-
mending acceptance of the donation from Dubuque County of Lot 2 of Subdivision of
Lot 6 of John Breakey's Dubuque located adjacent to Southern Park. Upon motion the
documents were received and filed and Resolution No. 87-16 Accepting the Deed to
certain real estate in Dubuque County, Iowa from Dubuque County, Iowa was adopted.
3
RESOLUTION NO. 87-16
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM DUBUQUE COUNTY, IOWA
Whereas, Dubuque County, Iowa owned Parcel No. 1036210025 (the Property) le-
gally described as:
LOT 2 OF THE SUBDIVISION OF LOT 6 OF JOHN BREAKEY'S DUBUQUE IN
THE CITY OF DUBUQUE, IOWA ACCORDING TO THE RECORDED PLAT
THEREOF
Whereas, the City currently owns Parcel No. 1036208017 which surrounds the Prop-
erty on three sides and operates Parcel No. 1036208017 as Southern Park; and
Whereas, accepting the deed for the Property will increase the size of Southern Park
and is in the best interest of the City and Dubuque County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby accepts the Deed from Dubuque County, Io-
wa, a copy of which is attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution
and Deed with the Dubuque County Recorder.
Passed, approved and adopted this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Andrew Makovec Claim Appeal: City Attorney recommending denial of the appeal
of a claim against the City by Andrew Makovec for property damage. Motion by Resnick
to receive and file and refer to the City Attorney with the new information provided by
Mr. Makovec. Seconded by Connors. Andrew Makovec spoke and provided information
he obtained from the Public Works Department and requested reconsideration of the
decision to deny the appeal. Motion carried 7-0.
8. General Obligation Bonds Series 2016ABC Complete Action: City Manager rec-
ommending approval of the suggested proceedings to complete the action required on
the recent Series 2016A, Series 2016B and Series 2016C General Obligation Bonds.
Resolution No. 88-16 (Series 2016A) Appointing Wells Fargo Bank, National Associa-
tion of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer
Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement
and authorizing the Execution of the Agreement. Upon motion the documents were re-
ceived and filed and Resolution No. 89-16 (Series 2016A) Amending the "Resolution
Authorizing and Providing for the Issuance and Levying a Tax for the Payment Thereof"
passed May 4, 2015, by substituting a new Resolution therefore, authorizing and provid-
ing for the issuance of $2,830,000 General Obligation Bonds, Series 2016A, and levying
a tax to pay said Bonds; approval of the Tax Exemption Certificate and Continuing Dis-
closure Certificate; Resolution No. 90-16 (Series 2016B) Appointing Wells Fargo Bank,
National Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Regis-
trar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer
Agent Agreement and Authorizing the execution of the Agreement; Resolution No. 91-
16 (Series 2016B) Authorizing and providing for the issuance of $10,920,000 General
Obligation Refunding Bonds, Series 2016B, and levying a tax to pay said Bonds; ap-
4
prove! of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolu-
tion No. 92-16 (Series 2016C) Appointing Wells Fargo Bank, National Association of
Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent,
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Au-
thorizing the execution of the Agreement; and Resolution No. 93-16 (Series 2016C) Au-
thorizing and providing for the issuance of $4,145,000 General Obligation Bonds, Series
2016C, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate
and Continuing Disclosure Certificate were adopted.
RESOLUTION NO. 88-16
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP-
OLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND
TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT
Whereas, $2,830,000 General Obligation Bonds, Series 2016A, dated April 4, 2016,
have been sold and action should now be taken to provide for the maintenance of rec-
ords, registration of certificates and payment of principal and interest in connection with
the issuance of the Bonds; and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Minneapolis, Minnesota, are necessary for compliance with
rules, regulations, and requirements governing the registration, transfer and payment of
registered bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo
Bank, National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection
with the issuance of $2,830,000 General Obligation Bonds, Series 2016A, dated April 4,
2016.
2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis,
Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
Passed and approved this 21st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 89-16
AMENDING THE "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSU-
ANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF" PASSED MAY 4,
2015, BY SUBSTITUTING A NEW RESOLUTION THEREFORE, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $2,830,000 GENERAL OBLIGATION BONDS,
SERIES 2016A, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE
TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE
5
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 settlement of any part or
all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judg-
ments, or the funding or refunding of the same, whether or not such indebtedness was
created for a purpose for which general obligation bonds might have been issued in the
original instance, including the settlement of the Franchise Fee Litigation, and it is
deemed necessary and advisable that General Obligation Bonds, to the amount of not
to exceed $3,000,000 be authorized for said purposes; and
Whereas, pursuant to notice published as required by Section 384.25 of the Code of
Iowa, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of the Bonds, and the Council is therefore now authorized
to proceed with the issuance of $2,830,000 General Obligation Refunding Bonds for
such purposes; 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; and
Whereas, on May 4, 2015, the City Council of said City did adopt a certain Resolution
entitled "RESOLUTION AUTHORIZING THE ISSUANCE AND LEVYING A TAX FOR
THE PAYMENT THEREOF"; and
Whereas, due to certain changes in the overall financing plans of the City, it is nec-
essary to make numerous changes to the Resolution adopted on May 4, 2015 and,
therefore, said Council has adopted a new Resolution to be substituted in its entirety for
the Resolution previously adopted on May 4, 2015;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Definitions. The following terms shall have the following meanings in this Resolution
unless the text expressly or by necessary implication requires otherwise:
"Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
• "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant or such person's subrogee.
• "Blanket Issuer Letter of Representations" shall mean the Representation Letter
from the Issuer to DTC, with respect to the Bonds.
• "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
• "Bonds" shall mean $2,830,000 General Obligation Bonds, Series 2016A, author-
ized to be issued by this Resolution.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
• "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate approved under the terms of this Resolution and to be executed by the
Issuer and dated the date of issuance and delivery of the Bonds, as originally exe-
cuted and as it may be amended from time to time in accordance with the terms
thereof.
6
• "Depository Bonds" shall mean the Bonds as issued in the form of one global cer-
tificate for each maturity, registered in the Registration Books maintained by the
Registrar in the name of DTC or its nominee.
• "DTC" shall mean The Depository Trust Company, New York, New York, which
will act as security depository for the Bond pursuant to the Representation Letter.
• "Issuer" and "City" shall mean the City of Dubuque, State of Iowa.
• "Participants" shall mean those broker-dealers, banks and other financial institu-
tions for which DTC holds Bonds as securities depository.
• "Paying Agent" shall mean Wells Fargo Bank, National Association, or such suc-
cessor as may be approved by Issuer as provided herein and who shall carry out
the duties prescribed herein as Issuer's agent to provide for the payment of princi-
pal of and interest on the Bonds as the same shall become due.
• "Project" shall mean the settlement of any part or all of the legal indebtedness of a
city, whether evidenced by bonds, warrants, or judgments, or the funding or re-
funding of the same, whether or not such indebtedness was created for a purpose
for which general obligation bonds might have been issued in the original instance,
including the settlement of the Franchise Fee Litigation.
• "Project Fund" shall mean the fund required to be established by this Resolution
for the deposit of the proceeds of the Bonds.
• "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
• "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis,
Minnesota, or such successor as may be approved by Issuer as provided herein
and who shall carry out the duties prescribed herein with respect to maintaining a
register of the owners of the Bonds. Unless otherwise specified, the Registrar shall
also act as Transfer Agent for the Bonds.
• "Resolution" shall mean this resolution authorizing the Bonds.
• "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved
under the terms of this Resolution and to be executed by the Finance Director and
delivered at the time of issuance and delivery of the Bonds.
• "Treasurer" shall mean the Finance Director or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment
of the Bonds issued hereunder.
Levy and Certification of Annual Tax; Other Funds to be Used.
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, Io-
wa, to -wit:
AMOUNT
FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$ 22,141
$202,906
$205,307
2016/2017
2017/2018
2018/2019
$202,606
2019/2020
$199,907 2020/2021
7
$197,206 2021/2022
$199,507 2022/2023
$196,706 2023/2024
$198,907 2024/2025
$195,825 2025/2026
$196,475 2026/2027
$191,975 2027/2028
$192,475 2028/2029 1
$192,825 2029/2030
$193,025 2030/2031
$187,868 ' 2031/2032
$187,507 2032/2033 1
$186,981 2033/2034
$186,075 1 2034/2035 1
*A levy has been included in the budget previously certified and will be used together
with available City funds to pay the principal and interest of the Bond coming due in fis-
cal year 2017.
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 201 will be collected during the fiscal year commencing July 1, 2018.)
Resolution to be Filed With County Auditor. A certified copy of this Resolution shall
be filed with the Auditor of Dubuque County, Iowa and the 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 the tax, and for no
other purpose whatsoever; which action requires a modification and change of the lev-
ies originally made in accordance with the Bond Resolution certified to and filed in the
Dubuque County Auditor's office on May 6, 2015.
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 reimburse-
ment shall be made from such special fund in the amounts thus advanced.
Bond Fund. Said tax shall be assessed and 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 NO. 1" (the "Bond Fund"), which
is hereby pledged for and shall be used only for the payment of the principal of and in-
terest on the Bonds hereinafter authorized to be issued; and also there shall be appor-
tioned to said fund its proportion of taxes received by the City from property that is cen-
trally assessed by the State of Iowa.
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 re-
paid to the Project Fund at the earliest opportunity. Any balance on hand in the Project
8
Fund and not immediately required for its purposes may be invested not inconsistent
with limitations provided by law or this Resolution.
Investment 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, 2015, 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 any one financial institution shall be
continuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as
amended, or otherwise by a valid pledge of direct obligations of the United States Gov-
ernment 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.
Bond Details, Execution and Redemption.
Bond Details. General Obligation Bonds of the City in the amount of $2,830,000,
shall be issued pursuant to the provisions of Section 384.25 of the Code of Iowa for the
aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND,
SERIES 2016A", be dated April 4, 2016, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on December
1, 2016, and semiannually thereafter on the 1st day of June and December in each year
until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with
the seal of the City and shall be fully registered as to both principal and interest as pro-
vided in this Resolution; principal, interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
Principal Interest Maturity
Amount Rate June 1st
$120,000 ' 2.00% ' 2017
$130,000 2.00%2018
t
$135,000 2.00% 2019
$135,000 2.00% 2020
$135,000 2.00% Y 2021
$135,000 2.00%2022
t
$140,000 2.00% 2023
$140,000 2.00% 2024
$145,000 2.13% 2025
$145,000 3.00% 2026
$150,000 3.00% 2027
$150,000 3.00% 2028
$155,000 3.00%2029
t
$160,000 3.00% 2030
$165,000 3.13% 2031
$165,000 3.25% 2032
9
$170,000 3.25% 2033
F $175,000 3.38% 2034
$180,000 1 3.38% 1 2035
Redemption.
Optional Redemption. Bonds maturing after June 1, 2024, may be called for optional
redemption by the Issuer on that date or any date thereafter, from any funds regardless
of source, in whole or from time to time in part, in any order of maturity and within an
annual maturity by lot. The terms of redemption shall be par, plus accrued interest to
date of call.
Thirty days' written notice of redemption shall be given to the registered owner of the
Bond. Failure to give written notice to any registered owner of the Bonds or any defect
therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All Bonds or portions thereof called for redemption will cease to bear interest after the
specified redemption date, provided funds for their redemption are on deposit at the
place of payment. Written notice will be deemed completed upon transmission to the
owner of record.
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.
If less than all of a maturity is called for redemption, the Issuer will notify DTC of the
particular amount of such maturity to be redeemed prior to maturity. DTC will determine
by lot the amount of each Participant's interest in such maturity to be redeemed and
each Participant will then select by lot the beneficial ownership interests in such maturity
to be redeemed. All prepayments shall be at a price of par plus accrued interest.
Extraordinary Redemption. In addition to the optional redemption terms set forth
above, the Series A Bonds are subject to extraordinary redemption prior to maturity, in
whole or from time to time in part, within the maturity by lot, on any date or dates, at the
option of the City at a redemption price of par plus accrued interest to the date of re-
demption, following the occurrence of (i) the effective date of an amended City ordi-
nance that has been passed by the City Council, and approved at an election called for
that purpose under Iowa Code Section 364.2(4)(f), which imposes a franchise fee on
the gross revenues generated from sales of electricity and/or natural gas within the City
at a rate above the current rate of five percent (5%), or (ii) if at any time the City has re-
ceived and has on hand more than Five Hundred Thousand Dollars ($500,000) in ag-
gregate amount of unclaimed judgment proceeds from the class administrator appointed
in the franchise fee litigation generally described in Order No. CVCV054663, dated Sep-
tember 18, 2014 in the Iowa District Court in and for Dubuque County, or as a result of
donations to the City of refund claims from class members in said franchise fee litiga-
tion.
Issuance of Bonds in Book -Entry Form; Replacement Bonds.
Notwithstanding the other provisions of this Resolution regarding registration, owner-
ship, transfer, payment and exchange of the Bonds, unless the Issuer determines to
permit the exchange of Depository Bonds for Bonds in 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). The Bonds must be registered in the
10
name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any
Bonds registered in the name of Cede & Co. will be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the inter -
est payment date for the Bonds at the address indicated or in the Representation Letter.
The Bonds will be initially issued in the form of separate single authenticated fully
registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu-
ance, the ownership of the Bonds will be registered in the registry books of the Wells
Fargo Bank, National Association kept by the Paying Agent and Registrar in the name
of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer
may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered
in its name for the purposes of payment of the principal or redemption price of or inter -
est on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice
permitted or required to be given to registered owners of Bonds under the Resolution of
the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be
taken by registered owners of the Bonds and for other purposes. The Paying Agent,
Registrar and the Issuer have no responsibility or obligation to any Participant or Bene-
ficial Owner of the Bonds under or through DTC with respect to the accuracy of records
maintained by DTC or any Participant; with respect to the payment by DTC or Partici-
pant of an amount of principal or redemption price of or interest on the Bonds; with re-
spect to any notice given to owners of Bonds under the Resolution; with respect to the
Participant(s) selected to receive payment in the event of a partial redemption of the
Bonds, or a consent given or other action taken by DTC as registered owner of the
Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any,
and interest on the Bonds only to Cede & Co. in accordance with the Representation
Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's
obligations with respect to the principal of and premium, if any, and interest on the
Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each
separate stated maturity evidencing the obligation of the Issuer to make payments of
principal of and premium, if any, and interest. Upon delivery by DTC to the Paying
Agent and Registrar of written notice that DTC has determined to substitute a new nom-
inee in place of Cede & Co., the Bonds will be transferable to the new nominee in ac-
cordance with this Section.
In the event the Issuer determines that it is in the best interest of the Beneficial Own-
ers that they be able to obtain Bonds certificates, the Issuer may notify DTC and the
Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availabil-
ity through DTC of Bonds certificates. The Bonds will be transferable in accordance with
this Section. DTC may determine to discontinue providing its services with respect to
the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar
and discharging its responsibilities under applicable law. In this event, the Bonds will be
transferable in accordance with this Section.
Notwithstanding any other provision of the Resolution to the contrary, so long as any
Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to the principal of and premium, if any, and interest on the Bond and all notices
must be made and given, respectively to DTC as provided in the Representation letter.
In connection with any notice or other communication to be provided to Bondholders
by the Issuer or the Paying Agent and Registrar with respect to a consent or other ac-
tion to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the
11
case may be, shall establish a record date for the consent or other action and give DTC
notice of the record date not less than 15 calendar days in advance of the record date to
the extent possible. Notice to DTC must be given only when DTC is the sole Bondhold-
er.
The Representation Letter is on file with DTC and sets forth certain matters with re-
spect to, among other things, notices, consents and approvals by Bondholders and
payments on the Bonds. The execution and delivery of the Representation Letter to
DTC by the Issuer is ratified and confirmed.
In the event that a transfer or exchange of the Bonds is permitted under this Section,
the transfer or exchange may be accomplished upon receipt by the Registrar from the
registered owners of the Bonds to be transferred or exchanged and appropriate instru-
ments of transfer. In the event Bond certificates are issued to holders other than Cede &
Co., its successor as nominee for DTC as holder of all the Bonds, or other securities
depository as holder of all the Bonds, the provisions of the Resolution apply to, among
other things, the printing of certificates and the method or payment of principal of and
interest on the certificates. Any substitute depository shall be designated in writing by
the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and
registered "clearing agency" as provided in Section 17A of the Securities Exchange Act
of 1934, as amended. The substitute depository shall provide for (i) immobilization of
the 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 prin-
cipal of, premium, if any, and interest on the Bonds in accordance with and as such in-
terests may appear with respect to such book entries.
The officers of the Issuer are authorized and directed to prepare and furnish to the
purchaser, and to the attorneys approving the legality of Bonds, certified copies of pro-
ceedings, ordinances, resolutions and records and all certificates and affidavits and
other instruments as may be required to evidence the legality and marketability of the
Bonds, and all certified copies, certificates, affidavits and other instruments constitute
representations of the Issuer as to the correctness of all stated or recited facts.
Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and
Cancellation.
Registration. The ownership of Bonds may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Bonds,
and in no other way. Wells Fargo Bank, National Association is hereby appointed as
Bond Registrar under the terms of this Resolution and under the provisions of a sepa-
rate agreement with the Issuer filed herewith which is made a part hereof by this refer-
ence. Registrar shall maintain the books of the Issuer for the registration of ownership of
the Bonds for the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Com-
mercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for reg-
istration and transfer contained in the Bonds and in this Resolution.
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 indi-
12
viduals, 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 denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Bond, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered by the Registrar.
Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Reg-
istrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
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 re-
garded 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 representa-
tive. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond, including the interest thereon, to the extent of the sum or sums so
paid.
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 de-
stroyed and a certificate of the destruction thereof shall be furnished promptly to the Is-
suer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Bonds to the Issuer.
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 Pay-
ing 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 what-
ever 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 other-
wise, 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.
Registration and Transfer Fees. The Registrar may furnish to each owner, at the Is-
suer's expense, one bond for each annual maturity. The Registrar shall furnish addition-
al Bonds in lesser denominations (but not less than the minimum denomination) to an
owner who so requests.
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 re -
13
quest 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 muti-
lated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substi-
tution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence sat-
isfactory 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 satis-
factory 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 connec-
tion therewith.
Record Date. Payments of principal and interest, otherwise than upon full redemp-
tion, 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 of the month 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 Pay-
ing Agent.
Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Reso-
lution, 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 Finance Director of the Issuer directing
the authentication and delivery of the Bonds to or upon the order of the Pur-
chaser 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.
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 no-
tice to each registered bondholder.
Form of Bond. Bonds shall be printed substantially in the form as [provided]
Closing Documents. The Mayor and City Clerk are authorized and directed to exe-
cute, attest, seal and deliver for and on behalf of the City any other additional certifi-
cates, documents, or other papers and perform all other acts, including without limitation
the execution of all closing documents, as they may deem necessary or appropriate in
order to implement and carry out the intent and purposes of this Resolution.
Contract Between Issuer and Purchaser. This Resolution constitutes a contract be-
tween said City and the purchaser of the Bonds.
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
14
which will cause any of the Bonds to be classified as arbitrage bonds within the mean-
ing 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.
Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption
Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of
the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby
agrees to comply with the provisions of the Tax Exemption Certificate and the provi-
sions of the Tax Exemption Certificate are hereby incorporated by reference as part of
this Resolution. The Finance Director is hereby directed to make and insert all calcula-
tions and determinations necessary to complete the Tax Exemption Certificate at issu-
ance of the Bonds to certify as to the reasonable expectations and covenants of the Is-
suer at that date.
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 Certifi-
cate 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 Is-
suer to comply with its obligations under the Continuing Disclosure Certificate. For pur-
poses 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 in-
termediaries), or (b) is treated as the owner of any Bonds for federal income tax pur-
poses.
Additional Covenants, Representations and Warranties of the Issuer. The Issuer cer-
tifies 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 cove-
nants, 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 be-
tween the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as de-
fined 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 em-
ploy and pay fiscal agents, financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
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
15
Counsel, such amendment is necessary to maintain tax exemption with respect to the
Bonds under applicable Federal law or regulations.
Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and
parts of ordinances and resolutions in conflict herewith are hereby repealed.
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.
Passed and approved this 21st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 90-16
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP-
OLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND
TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT
Whereas, $10,920,000 General Obligation Refunding Bonds, Series 2016B, dated
April 4, 2016, have been sold and action should now be taken to provide for the mainte-
nance of records, registration of certificates and payment of principal and interest in
connection with the issuance of the Bonds; and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Minneapolis, Minnesota, are necessary for compliance with
rules, regulations, and requirements governing the registration, transfer and payment of
registered bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo
Bank, National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection
with the issuance of $10,920,000 General Obligation Refunding Bonds, Series 2016B,
dated April 4, 2016.
2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis,
Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
Passed and approved this 21st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 91-16
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $10,920,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2016B, AND LEVYING A TAX TO PAY
SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CON-
TINUING DISCLOSURE CERTIFICATE
16
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 settlement, adjustment, re-
newing, or extension of any part or all of the legal indebtedness of a city, whether evi-
denced by bonds, warrants, or judgments, or the funding or refunding of the same,
whether or not such indebtedness was created for a purpose for which general obliga-
tion bonds might have been issued in the original instance, essential corporate purpos-
es, and it is deemed necessary and advisable that General Obligation Refunding
Bonds, to the amount of not to exceed $15,555,000 be authorized for said purposes;
and
Whereas, pursuant to notice published as required by Section 384.25 of the Code of
Iowa, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of not to exceed $15,555,000 General Obligation Bonds,
and the Council is therefore now authorized to proceed with the issuance of
$10,920,000 General Obligation Refunding Bonds for such purposes; 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, STATE OF IOWA:
Definitions. The following terms shall have the following meanings in this Resolution
unless the text expressly or by necessary implication requires otherwise:
• "Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
• "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant or such person's subrogee.
• "Blanket Issuer Letter of Representations" shall mean the Representation Letter
from the Issuer to DTC, with respect to the Bonds.
• "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
• "Bonds" shall mean $10,920,000 General Obligation Refunding Bonds, Series
2016B, authorized to be issued by this Resolution.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
• "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate approved under the terms of this Resolution and to be executed by the
Issuer and dated the date of issuance and delivery of the Bonds, as originally exe-
cuted and as it may be amended from time to time in accordance with the terms
thereof.
• "Depository Bonds" shall mean the Bonds as issued in the form of one global cer-
tificate for each maturity, registered in the Registration Books maintained by the
Registrar in the name of DTC or its nominee.
• "DTC" shall mean The Depository Trust Company, New York, New York, which
will act as security depository for the Bond pursuant to the Representation Letter.
• "Issuer" and "City" shall mean the City of Dubuque, State of Iowa.
17
• "Participants" shall mean those broker-dealers, banks and other financial institu-
tions for which DTC holds Bonds as securities depository.
• "Paying Agent" shall mean Wells Fargo Bank, National Association, or such suc-
cessor as may be approved by Issuer as provided herein and who shall carry out
the duties prescribed herein as Issuer's agent to provide for the payment of princi-
pal of and interest on the Bonds as the same shall become due.
• "Project" shall mean the settlement, adjustment, renewing, or extension of any part
or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or
judgments, or the funding or refunding of the same, whether or not such indebted-
ness was created for a purpose for which general obligation bonds might have
been issued in the original instance.
• "Project Fund" shall mean the fund into which a portion of the proceeds that will be
used, together with interest earnings thereon, to pay the principal, interest and re-
demption premium, if any, on the Refunded Bonds.
• "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
• "Refunded Bonds" shall mean
$1,025,000 of the $2,110,000 General Obligation Bonds, Series 2003, dated
October 15, 2003.
$990,000 of the $1,750,000 General Obligation Bonds, Series 2005A, dated
April 18, 2005.
$3,050,000 of the $4,270,000 General Obligation Urban Renewal Bonds, Series
2005B, dated April 18, 2005.
$1,830,000 of the $2,900,000 General Obligation Bonds, Series 2006A, dated
May 2, 2006.
$2,705,000 of the $3,885,000 General Obligation Stormwater Bonds, Series
2008A, dated November 4, 2008.
$1,790,000 of the $3,290,000 General Obligation Urban Renewal Bonds, Series
2008B, dated November 4, 2008.
• "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis,
Minnesota, or such successor as may be approved by Issuer as provided herein
and who shall carry out the duties prescribed herein with respect to maintaining a
register of the owners of the Bonds. Unless otherwise specified, the Registrar shall
also act as Transfer Agent for the Bonds.
• "Resolution" shall mean this resolution authorizing the Bonds.
• "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved
under the terms of this Resolution and to be executed by the Finance Director and
delivered at the time of issuance and delivery of the Bonds.
• "Treasurer" shall mean the Finance Director or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment
of the Bonds issued hereunder.
Levy and Certification of Annual Tax; Other Funds to be Used.
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, Io-
wa, to -wit:
18
AMOUNT
FISCAL YEAR
(JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$1,597,600* 2016/2017
$1,601,400 2017/2018
$1,614,600 2018/2019
$1,608,200 2019/2020
$1,605,750 2020/2021
$1,012,100 2021/2022
$1,004,950 2022/2023
$592,200 2023/2024
$476,000 2024/2025
$267,800 2025/2026
$270,450 2026/2027
$267,800 2027/2028
*A levy has been included in the budget previously certified and will be used together
with available City funds to pay the principal and interest of the Bond coming due in fis-
cal year 2017.
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2017 will be collected during the fiscal year commencing July 1, 2018.)
Resolution to be Filed With County Auditor. A certified copy of this Resolution shall
be filed with the Auditor of Dubuque County, Iowa and the 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 the tax, and for no
other purpose whatsoever.
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 reimburse-
ment shall be made from such special fund in the amounts thus advanced.
Bond Fund. Said tax shall be assessed and 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 NO. 2" (the "Bond
Fund"), which is hereby pledged for and shall be used only for the payment of the prin-
cipal of and interest on the Bonds hereinafter authorized to be issued; and also there
shall be apportioned to said fund its proportion of taxes received by the City from prop-
erty that is centrally assessed by the State of Iowa.
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. Proceeds invested shall mature before the date
on which the moneys are required for payment of principal and interest on the Refunded
Bonds. Accrued interest, if any, shall be deposited in the Bond Fund.
Investment 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
19
12B, Code of Iowa, 2015, 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 any one financial institution shall be
continuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as
amended, or otherwise by a valid pledge of direct obligations of the United States Gov-
ernment 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.
Bond Details, Execution and Redemption.
Bond Details. General Obligation Refunding Bonds of the City in the amount of
$10,920,000, shall be issued pursuant to the provisions of Section 384.25 of the Code
of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLI-
GATION REFUNDING BOND, SERIES 2016B", be dated April 4, 2016, and bear inter-
est from the date thereof, until payment thereof, at the office of the Paying Agent, said
interest payable on June 1, 2016, and semiannually thereafter on the 1st day of June
and December in each year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with
the seal of the City and shall be fully registered as to both principal and interest as pro-
vided in this Resolution; principal, interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
Principal Interest Maturity
Amount Rate June 1st
$450,0001 2.00% 2016
$1,310,000; 2.00% 2017
$1,340,000; 2.00% 2018
$1,380,000 4 3.00% 2019
$1,415,000 3.00% 2020
$1,455,000 3.00% 2021
4
$905,000 3.00% 2022
4
$925,000 3.00% 2023
4
$540,000 3.00% 2024
4
$440,000 3.00% 2025
$245,000 3• .00% 2026
$255,000 Y 3• .00% 2027
$260,000 Y 3• .00% 2028
Redemption.
Optional Redemption. Bonds maturing after June 1, 2024, may be called for optional
redemption by the Issuer on that 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.
20
Thirty days' written notice of redemption shall be given to the registered owner of the
Bond. Failure to give written notice to any registered owner of the Bonds or any defect
therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All Bonds or portions thereof called for redemption will cease to bear interest after the
specified redemption date, provided funds for their redemption are on deposit at the
place of payment. Written notice will be deemed completed upon transmission to the
owner of record.
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.
If less than all of a maturity is called for redemption, the Issuer will notify DTC of the
particular amount of such maturity to be redeemed prior to maturity. DTC will determine
by lot the amount of each Participant's interest in such maturity to be redeemed and
each Participant will then select by lot the beneficial ownership interests in such maturity
to be redeemed. All prepayments shall be at a price of par plus accrued interest.
Issuance of Bonds in Book -Entry Form; Replacement Bonds.
Notwithstanding the other provisions of this Resolution regarding registration, owner-
ship, transfer, payment and exchange of the Bonds, unless the Issuer determines to
permit the exchange of Depository Bonds for Bonds in 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). The Bonds must be registered in the
name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any
Bonds registered in the name of Cede & Co. will be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the inter-
est payment date for the Bonds at the address indicated or in the Representation Letter.
The Bonds will be initially issued in the form of separate single authenticated fully
registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu-
ance, the ownership of the Bonds will be registered in the registry books of the Wells
Fargo Bank, National Association kept by the Paying Agent and Registrar in the name
of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer
may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered
in its name for the purposes of payment of the principal or redemption price of or inter-
est on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice
permitted or required to be given to registered owners of Bonds under the Resolution of
the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be
taken by registered owners of the Bonds and for other purposes. The Paying Agent,
Registrar and the Issuer have no responsibility or obligation to any Participant or Bene-
ficial Owner of the Bonds under or through DTC with respect to the accuracy of records
maintained by DTC or any Participant; with respect to the payment by DTC or Partici-
pant of an amount of principal or redemption price of or interest on the Bonds; with re-
spect to any notice given to owners of Bonds under the Resolution; with respect to the
Participant(s) selected to receive payment in the event of a partial redemption of the
Bonds, or a consent given or other action taken by DTC as registered owner of the
Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any,
and interest on the Bonds only to Cede & Co. in accordance with the Representation
21
Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's
obligations with respect to the principal of and premium, if any, and interest on the
Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each
separate stated maturity evidencing the obligation of the Issuer to make payments of
principal of and premium, if any, and interest. Upon delivery by DTC to the Paying
Agent and Registrar of written notice that DTC has determined to substitute a new nom-
inee in place of Cede & Co., the Bonds will be transferable to the new nominee in ac-
cordance with this Section.
In the event the Issuer determines that it is in the best interest of the Beneficial Own-
ers that they be able to obtain Bonds certificates, the Issuer may notify DTC and the
Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availabil-
ity through DTC of Bonds certificates. The Bonds will be transferable in accordance with
this Section. DTC may determine to discontinue providing its services with respect to
the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar
and discharging its responsibilities under applicable law. In this event, the Bonds will be
transferable in accordance with this Section.
Notwithstanding any other provision of the Resolution to the contrary, so long as any
Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to the principal of and premium, if any, and interest on the Bond and all notices
must be made and given, respectively to DTC as provided in the Representation letter.
In connection with any notice or other communication to be provided to Bondholders
by the Issuer or the Paying Agent and Registrar with respect to a consent or other ac-
tion to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the
case may be, shall establish a record date for the consent or other action and give DTC
notice of the record date not less than 15 calendar days in advance of the record date to
the extent possible. Notice to DTC must be given only when DTC is the sole Bondhold-
e r.
The Representation Letter is on file with DTC and sets forth certain matters with re-
spect to, among other things, notices, consents and approvals by Bondholders and
payments on the Bonds. The execution and delivery of the Representation Letter to
DTC by the Issuer is ratified and confirmed.
In the event that a transfer or exchange of the Bonds is permitted under this Section,
the transfer or exchange may be accomplished upon receipt by the Registrar from the
registered owners of the Bonds to be transferred or exchanged and appropriate instru-
ments of transfer. In the event Bond certificates are issued to holders other than Cede &
Co., its successor as nominee for DTC as holder of all the Bonds, or other securities
depository as holder of all the Bonds, the provisions of the Resolution apply to, among
other things, the printing of certificates and the method or payment of principal of and
interest on the certificates. Any substitute depository shall be designated in writing by
the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and
registered "clearing agency" as provided in Section 17A of the Securities Exchange Act
of 1934, as amended. The substitute depository shall provide for (i) immobilization of
the 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 prin-
cipal of, premium, if any, and interest on the Bonds in accordance with and as such in-
terests may appear with respect to such book entries.
22
The officers of the Issuer are authorized and directed to prepare and furnish to the
purchaser, and to the attorneys approving the legality of Bonds, certified copies of pro-
ceedings, ordinances, resolutions and records and all certificates and affidavits and
other instruments as may be required to evidence the legality and marketability of the
Bonds, and all certified copies, certificates, affidavits and other instruments constitute
representations of the Issuer as to the correctness of all stated or recited facts.
Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and
Cancellation.
Registration. The ownership of Bonds may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Bonds,
and in no other way. Wells Fargo Bank, National Association is hereby appointed as
Bond Registrar under the terms of this Resolution and under the provisions of a sepa-
rate agreement with the Issuer filed herewith which is made a part hereof by this refer-
ence. Registrar shall maintain the books of the Issuer for the registration of ownership of
the Bonds for the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Com-
mercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for reg-
istration and transfer contained in the Bonds and in this Resolution.
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 indi-
viduals, 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 denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Bond, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered by the Registrar.
Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Reg-
istrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
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 re-
garded 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 representa-
tive. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond, including the interest thereon, to the extent of the sum or sums so
paid.
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 de-
stroyed and a certificate of the destruction thereof shall be furnished promptly to the Is -
23
suer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Bonds to the Issuer.
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 Pay-
ing 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 what-
ever 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 other-
wise, 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.
Registration and Transfer Fees. The Registrar may furnish to each owner, at the Is-
suer's expense, one bond for each annual maturity. The Registrar shall furnish addition-
al Bonds in lesser denominations (but not less than the minimum denomination) to an
owner who so requests.
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 re-
quest 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 muti-
lated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substi-
tution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence sat-
isfactory 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 satis-
factory 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 connec-
tion therewith.
Record Date. Payments of principal and interest, otherwise than upon full redemp-
tion, 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 of the month 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 Pay-
ing Agent.
Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Reso-
lution, 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
24
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 Finance Director 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.
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 no-
tice to each registered bondholder.
Form of Bond. Bonds shall be printed substantially in the form as [provided].
Closing Documents. The Mayor and City Clerk are authorized and directed to exe-
cute, attest, seal and deliver for and on behalf of the City any other additional certifi-
cates, documents, or other papers and perform all other acts, including without limitation
the execution of all closing documents, as they may deem necessary or appropriate in
order to implement and carry out the intent and purposes of this Resolution.
Contract Between Issuer and Purchaser. This Resolution constitutes a contract be-
tween said City and the purchaser of the Bonds.
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 mean-
ing 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.
Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption
Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of
the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby
agrees to comply with the provisions of the Tax Exemption Certificate and the provi-
sions of the Tax Exemption Certificate are hereby incorporated by reference as part of
this Resolution. The Finance Director is hereby directed to make and insert all calcula-
tions and determinations necessary to complete the Tax Exemption Certificate at issu-
ance of the Bonds to certify as to the reasonable expectations and covenants of the Is-
suer at that date.
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 Certifi-
cate 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
25
and appropriate, including seeking specific performance by court order, to cause the Is-
suer to comply with its obligations under the Continuing Disclosure Certificate. For pur-
poses 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 in-
termediaries), or (b) is treated as the owner of any Bonds for federal income tax pur-
poses.
Additional Covenants, Representations and Warranties of the Issuer. The Issuer cer-
tifies 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 cove-
nants, 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 be-
tween the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as de-
fined 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 em-
ploy and pay fiscal agents, financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
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.
Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and
parts of ordinances and resolutions in conflict herewith are hereby repealed.
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.
Passed and approved this 21st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 92-16
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP-
OLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND
TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR
AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT
Whereas, $4,145,000 General Obligation Bonds, Series 2016C, dated April 4, 2016,
have been sold and action should now be taken to provide for the maintenance of rec-
ords, registration of certificates and payment of principal and interest in connection with
the issuance of the Bonds; and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Minneapolis, Minnesota, are necessary for compliance with
rules, regulations, and requirements governing the registration, transfer and payment of
registered bonds; and
26
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 THE CITY OF
DUBUQUE, STATE OF IOWA:
1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection
with the issuance of $4,145,000 General Obligation Bonds, Series 2016C, dated April 4,
2016.
2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis,
Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
Passed and approved this 21st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 93-16
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,145,000 GENERAL
OBLIGATION BONDS, SERIES 2016C, AND LEVYING A TAX TO PAY SAID
BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING
DISCLOSURE CERTIFICATE
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:
a) the opening, widening, extending, grading, and draining of the right-of-way of
streets, highways, avenues, alleys and public grounds;
b) the acquisition, construction, reconstruction, extension, improvement, and
equipping of works and facilities useful for the collection, treatment, and dispos-
al of sewage and industrial waste in a sanitary manner and for the collection
and disposal of surface waters and streams;
c) the reconstruction, extension and improvement of an airport owned or operated
by the city;
d) the acquisition, construction, reconstruction, improvement, repair, and equip-
ping of waterworks, water mains, and extensions, and real and personal proper-
ty, useful for providing potable water to residents of a city, essential corporate
purposes, and it is deemed necessary and advisable that General Obligation
Bonds, to the amount of not to exceed $15,555,000 be authorized for said pur-
poses; and
Whereas, pursuant to notice published as required by Section 384.25 of the Code of
Iowa, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of the Bonds, and the Council is therefore now authorized
to proceed with the issuance of said Bonds for such purposes; and
Whereas, the City is in need of funds to pay costs of improvement and equipping of
the Federal Building and Ham House, general corporate purposes, and it is deemed
necessary and advisable that General Obligation Bonds, to the amount of not to exceed
$505,000 be authorized for said purposes; and
27
Whereas, the Issuer has a population of more than 5,000 but not more than 75,000,
and the Bonds for these purposes do not exceed $700,000; and
Whereas, pursuant to notice published as required by Section 384.26 of the Code of
Iowa, the Council of the City has held public meeting and hearing upon the proposal to
institute proceedings for the issuance of Bonds for general corporate purposes in the
amounts as above set forth, and, no petition for referendum having been received, the
Council is therefore now authorized to proceed with the issuance of said Bonds for such
purposes; and
Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and de-
termined that the various general obligation Bonds authorized as hereinabove described
shall be combined for the purpose of issuance in a single issue of $4,145,000 General
Obligation Bonds as hereinafter set forth; and
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at public sale and action should now be taken to
issue said Bonds conforming to the terms and conditions of the best bid received at the
advertised public sale.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Definitions. The following terms shall have the following meanings in this Resolution
unless the text expressly or by necessary implication requires otherwise:
• "Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
• "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant or such person's subrogee.
• "Blanket Issuer Letter of Representations" shall mean the Representation Letter
from the Issuer to DTC, with respect to the Bonds.
• "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
• "Bonds" shall mean $4,145,000 General Obligation Bonds, Series 2016C, author-
ized to be issued by this Resolution.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
• "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate approved under the terms of this Resolution and to be executed by the
Issuer and dated the date of issuance and delivery of the Bonds, as originally exe-
cuted and as it may be amended from time to time in accordance with the terms
thereof.
• "Depository Bonds" shall mean the Bonds as issued in the form of one global cer-
tificate for each maturity, registered in the Registration Books maintained by the
Registrar in the name of DTC or its nominee.
• "DTC" shall mean The Depository Trust Company, New York, New York, which
will act as security depository for the Bond pursuant to the Representation Letter.
• "Issuer" and "City" shall mean the City of Dubuque, State of Iowa.
• "Participants" shall mean those broker-dealers, banks and other financial institu-
tions for which DTC holds Bonds as securities depository.
• "Paying Agent" shall mean Wells Fargo Bank, National Association, or such suc-
cessor as may be approved by Issuer as provided herein and who shall carry out
28
the duties prescribed herein as Issuer's agent to provide for the payment of princi-
pal of and interest on the Bonds as the same shall become due.
• "Project" shall mean:
a) the opening, widening, extending, grading, and draining of the right-of-way of
streets, highways, avenues, alleys and public grounds;
b) the acquisition, construction, reconstruction, extension, improvement, and
equipping of works and facilities useful for the collection, treatment, and dispos-
al of sewage and industrial waste in a sanitary manner and for the collection
and disposal of surface waters and streams;
c) the reconstruction, extension and improvement of an airport owned or operated
by the city;
d) the acquisition, construction, reconstruction, improvement, repair, and equip-
ping of waterworks, water mains, and extensions, and real and personal proper-
ty, useful for providing potable water to residents of a city; and
e) improvement and equipping of the Federal Building and Ham House.
• "Project Fund" shall mean the fund required to be established by this Resolution
for the deposit of the proceeds of the Bonds.
• "Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
• "Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis,
Minnesota, or such successor as may be approved by Issuer as provided herein
and who shall carry out the duties prescribed herein with respect to maintaining a
register of the owners of the Bonds. Unless otherwise specified, the Registrar shall
also act as Transfer Agent for the Bonds.
• "Resolution" shall mean this resolution authorizing the Bonds.
• "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved
under the terms of this Resolution and to be executed by the Finance Director and
delivered at the time of issuance and delivery of the Bonds.
• "Treasurer" shall mean the Finance Director or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment
of the Bonds issued hereunder.
Levy and Certification of Annual Tax; Other Funds to be Used.
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, Io-
wa, to -wit:
FISCAL YEAR
(JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$283,030 2016/2017
$288,012 2017/2018
$289,313 2018/2019
$285,512 2019/2020
$281,713 2020/2021
$282,912 2021/2022
$284,013 2022/2023
29
$285,012
2023/2024
$280,913 2024/2025
$286,812 2025/2026
$286,976 2026/2027
$285,375 2027/2028
$283,626 2028/2029
$286,725 2029/2030
$284,526 + 2030/2031
$282,175 2031/2032
$284,676 2032/2033
$281,875 2033/2034
$283,594 1 2034/2035
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2017 will be collected during the fiscal year commencing July 1, 2018.)
Resolution to be Filed With County Auditor. A certified copy of this Resolution shall
be filed with the Auditor of Dubuque County, Iowa and the 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 the tax, and for no
other purpose whatsoever.
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 reimburse-
ment shall be made from such special fund in the amounts thus advanced.
Bond Fund. Said tax shall be assessed and 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 NO. 3" (the "Bond Fund"), which
is hereby pledged for and shall be used only for the payment of the principal of and in-
terest on the Bonds hereinafter authorized to be issued; and also there shall be appor-
tioned to said fund its proportion of taxes received by the City from property that is cen-
trally assessed by the State of Iowa.
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 re-
paid 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.
Investment 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, 2015, 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
30
time to time by FDIC or its equivalent successor in any one financial institution shall be
continuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as
amended, or otherwise by a valid pledge of direct obligations of the United States Gov-
ernment 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.
Bond Details, Execution and Redemption.
Bond Details. General Obligation Bonds of the City in the amount of $4,145,000,
shall be issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the
Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL
OBLIGATION BOND, SERIES 2016C", be dated April 4, 2016, and bear interest from
the date thereof, until payment thereof, at the office of the Paying Agent, said interest
payable on December 1, 2016, and semiannually thereafter on the 1st day of June and
December in each year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with
the seal of the City and shall be fully registered as to both principal and interest as pro-
vided in this Resolution; principal, interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
Principal
Amount
$160,000t
$185,000 +
$190,000
$190,000 ;
$190,000t
Interest
Rate
2.00%
2.00%
2.00%
2.00%
2.00%
Maturity
June 1st
2017
2018
2019
2020
2021
$195,000 2.00%
2022
+
$200,000 2.00%
2023
$205,000t 2.00%
2024
$205,000 2.00%
2025
+
$215,0002.25%
2026
$220,000 Y 3.00%
2027
$225,000t 3.00%
2028
$230,000 3.00%
2029
+
$240,000 3.00%
2030
$245,000t 3.00%
2031
$250,000 3.00%
2032
+
$260,0003.00%
2033
$265,000 Y 3.13%
2034
$275,000 3.13%
2035
Redemption.
Optional Redemption. Bonds maturing after June 1, 2024, may be called for optional
redemption by the Issuer on that 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
31
annual maturity by lot. The terms of redemption shall be par, plus accrued interest to
date of call.
Thirty days' written notice of redemption shall be given to the registered owner of the
Bond. Failure to give written notice to any registered owner of the Bonds or any defect
therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All Bonds or portions thereof called for redemption will cease to bear interest after the
specified redemption date, provided funds for their redemption are on deposit at the
place of payment. Written notice will be deemed completed upon transmission to the
owner of record.
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.
If less than all of a maturity is called for redemption, the Issuer will notify DTC of the
particular amount of such maturity to be redeemed prior to maturity. DTC will determine
by lot the amount of each Participant's interest in such maturity to be redeemed and
each Participant will then select by lot the beneficial ownership interests in such maturity
to be redeemed. All prepayments shall be at a price of par plus accrued interest.
Issuance of Bonds in Book -Entry Form; Replacement Bonds.
Notwithstanding the other provisions of this Resolution regarding registration, owner-
ship, transfer, payment and exchange of the Bonds, unless the Issuer determines to
permit the exchange of Depository Bonds for Bonds in 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). The Bonds must be registered in the
name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any
Bonds registered in the name of Cede & Co. will be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the inter-
est payment date for the Bonds at the address indicated or in the Representation Letter.
The Bonds will be initially issued in the form of separate single authenticated fully
registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu-
ance, the ownership of the Bonds will be registered in the registry books of the Wells
Fargo Bank, National Association kept by the Paying Agent and Registrar in the name
of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer
may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered
in its name for the purposes of payment of the principal or redemption price of or inter-
est on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice
permitted or required to be given to registered owners of Bonds under the Resolution of
the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be
taken by registered owners of the Bonds and for other purposes. The Paying Agent,
Registrar and the Issuer have no responsibility or obligation to any Participant or Bene-
ficial Owner of the Bonds under or through DTC with respect to the accuracy of records
maintained by DTC or any Participant; with respect to the payment by DTC or Partici-
pant of an amount of principal or redemption price of or interest on the Bonds; with re-
spect to any notice given to owners of Bonds under the Resolution; with respect to the
Participant(s) selected to receive payment in the event of a partial redemption of the
Bonds, or a consent given or other action taken by DTC as registered owner of the
32
Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any,
and interest on the Bonds only to Cede & Co. in accordance with the Representation
Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's
obligations with respect to the principal of and premium, if any, and interest on the
Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each
separate stated maturity evidencing the obligation of the Issuer to make payments of
principal of and premium, if any, and interest. Upon delivery by DTC to the Paying
Agent and Registrar of written notice that DTC has determined to substitute a new nom-
inee in place of Cede & Co., the Bonds will be transferable to the new nominee in ac-
cordance with this Section.
In the event the Issuer determines that it is in the best interest of the Beneficial Own-
ers that they be able to obtain Bonds certificates, the Issuer may notify DTC and the
Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availabil-
ity through DTC of Bonds certificates. The Bonds will be transferable in accordance with
this Section. DTC may determine to discontinue providing its services with respect to
the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar
and discharging its responsibilities under applicable law. In this event, the Bonds will be
transferable in accordance with this Section.
Notwithstanding any other provision of the Resolution to the contrary, so long as any
Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to the principal of and premium, if any, and interest on the Bond and all notices
must be made and given, respectively to DTC as provided in the Representation letter.
In connection with any notice or other communication to be provided to Bondholders
by the Issuer or the Paying Agent and Registrar with respect to a consent or other ac-
tion to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the
case may be, shall establish a record date for the consent or other action and give DTC
notice of the record date not less than 15 calendar days in advance of the record date to
the extent possible. Notice to DTC must be given only when DTC is the sole Bondhold-
er.
The Representation Letter is on file with DTC and sets forth certain matters with re-
spect to, among other things, notices, consents and approvals by Bondholders and
payments on the Bonds. The execution and delivery of the Representation Letter to
DTC by the Issuer is ratified and confirmed.
In the event that a transfer or exchange of the Bonds is permitted under this Section,
the transfer or exchange may be accomplished upon receipt by the Registrar from the
registered owners of the Bonds to be transferred or exchanged and appropriate instru-
ments of transfer. In the event Bond certificates are issued to holders other than Cede &
Co., its successor as nominee for DTC as holder of all the Bonds, or other securities
depository as holder of all the Bonds, the provisions of the Resolution apply to, among
other things, the printing of certificates and the method or payment of principal of and
interest on the certificates. Any substitute depository shall be designated in writing by
the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and
registered "clearing agency" as provided in Section 17A of the Securities Exchange Act
of 1934, as amended. The substitute depository shall provide for (i) immobilization of
the 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 prin-
33
cipal of, premium, if any, and interest on the Bonds in accordance with and as such in-
terests may appear with respect to such book entries.
The officers of the Issuer are authorized and directed to prepare and furnish to the
purchaser, and to the attorneys approving the legality of Bonds, certified copies of pro-
ceedings, ordinances, resolutions and records and all certificates and affidavits and
other instruments as may be required to evidence the legality and marketability of the
Bonds, and all certified copies, certificates, affidavits and other instruments constitute
representations of the Issuer as to the correctness of all stated or recited facts.
Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and
Cancellation.
Registration. The ownership of Bonds may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Bonds,
and in no other way. Wells Fargo Bank, National Association is hereby appointed as
Bond Registrar under the terms of this Resolution and under the provisions of a sepa-
rate agreement with the Issuer filed herewith which is made a part hereof by this refer-
ence. Registrar shall maintain the books of the Issuer for the registration of ownership of
the Bonds for the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Com-
mercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for reg-
istration and transfer contained in the Bonds and in this Resolution.
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 indi-
viduals, 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 denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Bond, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered by the Registrar.
Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Reg-
istrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
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 re-
garded 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 representa-
tive. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond, including the interest thereon, to the extent of the sum or sums so
paid.
34
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 de-
stroyed and a certificate of the destruction thereof shall be furnished promptly to the Is-
suer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Bonds to the Issuer.
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 Pay-
ing 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 what-
ever 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 other-
wise, 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.
Registration and Transfer Fees. The Registrar may furnish to each owner, at the Is-
suer's expense, one bond for each annual maturity. The Registrar shall furnish addition-
al Bonds in lesser denominations (but not less than the minimum denomination) to an
owner who so requests.
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 re-
quest 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 muti-
lated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substi-
tution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence sat-
isfactory 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 satis-
factory 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 connec-
tion therewith.
Record Date. Payments of principal and interest, otherwise than upon full redemp-
tion, 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 of the month 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 Pay-
ing Agent.
Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Reso-
lution, 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
35
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 Finance Director 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.
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 no-
tice to each registered bondholder.
Form of Bond. Bonds shall be printed substantially in the form as [provided].
Closing Documents. The Mayor and City Clerk are authorized and directed to exe-
cute, attest, seal and deliver for and on behalf of the City any other additional certifi-
cates, documents, or other papers and perform all other acts, including without limitation
the execution of all closing documents, as they may deem necessary or appropriate in
order to implement and carry out the intent and purposes of this Resolution.
Contract Between Issuer and Purchaser. This Resolution constitutes a contract be-
tween said City and the purchaser of the Bonds.
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 mean-
ing 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.
Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption
Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of
the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby
agrees to comply with the provisions of the Tax Exemption Certificate and the provi-
sions of the Tax Exemption Certificate are hereby incorporated by reference as part of
this Resolution. The Finance Director is hereby directed to make and insert all calcula-
tions and determinations necessary to complete the Tax Exemption Certificate at issu-
ance of the Bonds to certify as to the reasonable expectations and covenants of the Is-
suer at that date.
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
36
of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi-
cate 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 Is-
suer to comply with its obligations under the Continuing Disclosure Certificate. For pur-
poses 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 in-
termediaries), or (b) is treated as the owner of any Bonds for federal income tax pur-
poses.
Additional Covenants, Representations and Warranties of the Issuer. The Issuer cer-
tifies 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 cove-
nants, 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 be-
tween the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as de-
fined 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 em-
ploy and pay fiscal agents, financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
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.
Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and
parts of ordinances and resolutions in conflict herewith are hereby repealed.
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.
Passed and approved this 21st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
9. U.S. EPA Consent Decree Semiannual Report: City Manager recommending ap-
proval and authorization for the City Manager to certify and submit the City of Dubu-
que's March 31 Semi Annual Report to the US Department of Justice, US Environmen-
tal Protection Agency and the Iowa Department of Natural Resources. Upon motion the
documents were received, filed and approved.
10. Stipulation of Settlement — Adams Company Property Tax Appeal: City Attorney
recommending approval of the Stipulation of Settlement for a property tax appeal filed
by the Adams Company for property located at 8040 Chavenelle Road. Upon motion
the documents were received, filed and approved.
37
11. Holy Family Catholic Schools Indemnification Agreement: City Manager recom-
mending approval of an agreement between Holy Family Catholic Schools and the City
of Dubuque for the purpose of stream cleanup and testing activities at the Bee Branch
Creek. Upon motion the documents were received, filed and approved.
12. Application for Summer USDN Fellow: City Manager recommending approval of
an application for a summer Fellow to be placed with the Human Rights Department to
support My Brother's Keeper Network. Upon motion the documents were received, filed
and approved.
13. Rousselot Dubuque, Inc. Contract Amendment: City Manager recommending ap-
proval of an Amended Enterprise Zone Contract between Rousselot Dubuque, Inc., the
Iowa Economic Development Authority and the City of Dubuque, which extends
Rousselot's job creation requirements to December 31, 2016. Upon motion the docu-
ments were received and filed and Resolution No. 94-16 Approving an Amendment to
the Economic Development Assistance Contract by and among Rousselot Dubuque,
Inc., the City of Dubuque, and the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 94-16
APPROVING AN AMENDMENT TO THE ECONOMIC DEVELOPMENT ASSISTANCE
CONTRACT BY AND AMONG ROUSSELOT DUBUQUE, INC., THE CITY OF DUBU-
QUE, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, the City of Dubuque entered into a Development Agreement with
Rousselot Dubuque, Inc. in order to provide incentives for its planned $16.3 million ex-
pansion at 2350 Kerper Boulevard; and
Whereas, in connection with the expansion, the Iowa Economic Development Author-
ity (IEDA) approved Economic Development Assistance Contract 13 -TC -006 (the Con-
tract) between and among Rousselot, Dubuque Inc., the City of Dubuque and the IEDA;
and
Whereas, Contract Amendment One to the Contract, a copy of which is attached
hereto, was approved by the IEDA on February 19, 2016, reflecting a revision of the
Project Completion Date from August 31, 2015 to December 31, 2016; and
Whereas, the City of Dubuque is required to consent to any amendment to the Con-
tract; and
Whereas, the City Council finds that consent to the amendment is in the best interest
of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Contract Amendment One to Contract Number 13 -TC -006 is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute Contract
Amendment One amendment on behalf of the City of Dubuque and forward the execut-
ed copy to the Iowa Economic Development Authority for its approval.
Passed, approved, and adopted this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
38
14. Final Plat of Dubuque Industrial Center South Third Addition: Zoning Advisory
Commission recommending approval of the Final Plat of Dubuque Industrial Center
South Third Addition. Upon motion the documents were received and filed and Resolu-
tion No. 95-16 Approving the final Plat Dubuque Industrial Center Third Addition in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 95-16
APPROVING THE FINAL PLAT DUBUQUE INDUSTRIAL CENTER SOUTH THIRD
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat Dubuque Industrial
Center South Third Addition in the City of Dubuque; and
Whereas, upon said Final Plat appear street(s) to be known as Verena Court (Lot A)
which the owners by said Final Plat have dedicated to the public forever; and
Whereas, upon said Final Plat appear easements to be reserved for the public; 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Verena Court (Lot A) as it appears upon said Final
Plat be and the same is hereby accepted.
Section 2. That the public easements as they appear upon said Final Plat be and the
same are hereby approved.
Section 3. That the Final Plat of Dubuque Industrial Center South Third 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 right-of-way, as required by City Code 10-1-2. The responsibility
shall extend to all successors, heirs and assignees. Sidewalks shall be five (5) feet in
width and installed one (1) foot from the property line.
Section 5. That the final acceptance of all public improvements shall occur upon certi-
fication 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.
Passed, approved and adopted this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Request to Award 30- and 42 -inch Sanitary Sewer Force Main and Lift Station
Assessment and Rehabilitation Project: City Manager recommending authorization for
the City to enter into a contract with Strand Associates to perform engineering consult-
ing services including, but not limited to, survey inspection and assessment of the City's
30- and 42 -inch sanitary sewer force mains and Terminal Street and Cedar Street Lift
Stations. Upon motion the documents were received, filed and approved.
39
16. Request for Release of Funds — CDBG: City Manager recommending approval of
a resolution authorizing the Request Release of Funds for the proposed projects ap-
proved in the Amended Fiscal Year 2016 (Program Year 2015) Annual Action Plan for
Community Development Block Grant (CDBG) activities. Upon motion the documents
were received and filed and Resolution No. 96-16 Authorizing Request for Release of
Community Development Block Grant Funds for Fiscal Year 2016 (Program Year 2015)
was adopted.
RESOLUTION NO. 96-16
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FISCAL YEAR 2016 (PROGRAM YEAR 2015)
Whereas, the City of Dubuque entered into a Community Development Block Grant
Agreement for the Fiscal Year commencing July 1, 2015, with the U.S. Department of
Housing and Urban Development, providing for financial assistance to the City under
Title I of the Housing and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Community Development
Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grant funds has
been published on March 11, 2016 to commence the required seven (7) day public
comment period; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification, and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about March 21, 2016 and submit
to the U.S. Department of Housing and Urban Development.
Community Development Block Grant Plan Projects
Fiscal Year 2016 (Program Year 2015) Housing Programs:
Purchase Rehab Resale: Acquisition, Rehabilitation, and Disposition of Single Family
Homes within the City of Dubuque.
Lead Hazard Control: Provides activities in support of efforts to reduce lead paint
hazards in housing, including assessment and abatement with grants of up to $14,200
forgivable loan per household.
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required, for site-specific projects that are currently
unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
40
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision-making and action.
Passed, approved and adopted this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
1
7. East-West Corridor DMATS STP Funding Application: City Manager recommend-
ing authorization for the City of Dubuque to submit an application for a Dubuque Metro-
politan Area Transportation Study (DMATS) Surface Transportation Program (STP)
Grant to assist with funding the intersection improvements for University Avenue "Over-
lap Section" between Pennsylvania and Loras Boulevard as part of the East-West Cor-
ridor Improvements. Upon motion the documents were received and filed and Resolu-
tion No. 97-16 Authorizing the filing of a Transportation Improvement Program grant ap-
plication with the Dubuque Metropolitan Area Transportation Study (DMATS) Surface
Transportation Program (STP) to assist with the funding of intersection improvements
for University Avenue "overlap section" between Pennsylvania and Loras Boulevard as
part of the East-West Corridor Improvements was adopted.
RESOLUTION NO. 97-16
AUTHORIZING THE FILING OF A TRANSPORTATION IMPROVEMENT PROGRAM
GRANT APPLICATION WITH THE DUBUQUE METROPOLITAN AREA TRANSPOR-
TATION STUDY (DMATS) SURFACE TRANSPORTATION PROGRAM (STP) TO AS-
SIST WITH THE FUNDING OF INTERSECTION IMPROVEMENTS FOR UNIVERSITY
AVENUE "OVERLAP SECTION" BETWEEN PENNSYLVANIA AND LORAS
BOULEVARD AS PART OF THE EAST -WEST CORRIDOR IMPROVEMENTS
Whereas, the increasing growth of traffic volumes, along with operational and safety
concerns, in the University Avenue Overlap Section from Pennsylvania Avenue to Loras
Boulevard in the City of Dubuque could be improved by street and intersection im-
provements; and
Whereas, the City has determined that improvements to this corridor, as recom-
mended by the adopted East-West Corridor Study, will improve capacity and traffic flow;
and
Whereas, the City is requesting DMATS STP funding in the amount of $1,800,000 in
FY20 to assist with property acquisition, and the construction of three roundabout inter-
sections; and
Whereas, the City has sufficient funds available to cover the local funding in the
amount of $50,000 and other anticipated state grant in the amount of $450,000 and up-
on completion, the City will be responsible for adequately maintaining and operating the
project for public use during the project's useful life.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City hereby supports and authorizes the grant application submittal for
funding through the DMATS FY17-20 Transportation Improvement Program to assist
41
with the funding intersection improvements for University Avenue "Overlap Section" be-
tween Pennsylvania and Loras Boulevard as part of the East-West Corridor Improve-
ments.
Passed, approved and adopted this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
18. DMATS Transit Planning Memorandum of Understanding: City Manager recom-
mending approval of a Memorandum of Understanding with the Dubuque Metropolitan
Area Transportation Study (DMATS) for Transit Planning and Programming that outlines
procedures for complying with Federal Transit Administration regulations to ensure eli-
gibility for state and federal funding. Upon motion the documents were received, filed
and approved.
19. University of Iowa H-AQAST Grant Application: City Manager recommending ap-
proval of a Letter of Support for the University of Iowa for a Health and Air Quality Ap-
plied Sciences Team grant application. Upon motion the documents were received, filed
and approved.
20. Downtown Rehabilitation and Housing Creation Grant Program: City Manager
recommending approval of two grant awards for 1804-1812 Central Avenue for Down-
town Rehabilitation and Housing Creation proposed grant awards for first quarter of
2016. Upon motion the documents were received, filed and approved.
21. Request for Proposal - Eagle Point Park Environmental Restoration Management
Plan: City Manager recommending approval to release a Request for Proposal to create
an Environmental Restoration Management Plan for Eagle Point Park. Upon motion the
documents were received, filed and approved.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Top
Grade Excavating, Inc., for the Catfish Creek Interceptor Sewer Repair 2016. Upon mo-
tion the documents were received, filed and approved.
23. Signed Contracts: Conlon Construction Change Order No. 13 for the Dubuque In-
termodal Transit Center; Portzen Construction Change Order Nos. 6, 7 & 8 for the Up-
per Bee Branch Creek Restoration Channel, Streets & Utilities Project; Dubuque Jay-
cees Lease Agreement for Veteran's Memorial Park Community Garden; Dubuque Wa-
ter Sports Club Lease Agreement for a section of Schmitt Island. Upon motion the doc-
uments were received and filed.
24. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Hy -Vee Wine
& Spirits "A:" City Manager recommending approval of the Acknowledgment/Settlement
Agreement for a tobacco compliance violation for Hy -Vee Wine & Spirits "A," 3500
Dodge Street. Upon motion the documents were received, filed and approved.
42
25. Alcohol Compliance Civil Penalty for Alcohol License Holder — Town Clock Inn:
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for the Town Clock Inn, 799 Town Clock Plaza. Up-
on motion the documents were received, filed and approved.
26. Alcohol License Renewals: City Manager recommending approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 98-16 Approving applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 98-16
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Chopper's, 601 Rhomberg Ave., Class C Liquor (Outdoor) (Sunday)
Hartig Drug Co., 2255 JFK Rd., Class E Liquor, Class B Wine, Class C Beer (Sunday)
Mindframe Theaters, 555 JFK Rd. #105, Special Class C Liquor (Sunday)
Neighbor's Tap, 1899 Rockdale Rd., Class C Liquor
Salsa's Mexican Restaurant, 1091 Main St., Class C Liquor (Sunday)
Sportsters Pub & Grub, 2600 Central Ave., Class C Liquor (Sunday)
The Venue, 285 Main St., Class C Liquor (Sunday)
Passed, approved and adopted this 21st day of March, 2016.
Ric. W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-0.
43
1. Old Mill Road Lease Agreement Amendment — Hartig: City Manager recommend-
ing a public hearing be set for April 4, 2016 to consider an amended and restated lease
agreement with David S. Hartig, Jr., with respect to City -owned residential and commer-
cial properties on Old Mill Road. Upon motion the documents were received and filed
and Resolution No. 99-16 Resolution of Intent to dispose of an interest in City -owned
real property by Amendment to Lease Agreement between the City of Dubuque and
David S. Hartig, Jr. for the lease of certain real property at 1620, 1650, 1695 and 1699
Old Mill Road was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on April 4, 2016 in the Historic Federal Building.
RESOLUTION NO. 99-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
DAVID S. HARTIG, JR. FOR THE LEASE OF CERTAIN REAL PROPERTY AT 1620,
1650, 1695, AND 1699 OLD MILL ROAD
Whereas, the City of Dubuque, Iowa is the owner of the following described real
property (the Leased Premises):
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501 and;
Whereas, on February 17, 2004, the City of Dubuque (City) and the David S. Hartig,
Jr. (Hartig) entered into a Lease Agreement for the Leased Premises; and
Whereas, City and Hartig desire to amend the Lease Agreement as set forth in the
attached Amended and Restated Lease Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of the City to approve the Amended and Restated Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will conduct a public hearing on the proposed
Amended and Restated Lease Agreement attached hereto in the City Council Cham-
bers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 4th day of
April, 2016 beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish no-
tice of the public hearing according to law.
Passed, approved and adopted this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Dubuque Industrial Center South Building Pad One Sanitary Sewer Extension: City
Manager recommending initiation of the public bidding procedure for the Dubuque In-
dustrial Center South, Building Pad 1 Sanitary Sewer Extension, and further recom-
mends that a public hearing be set for April 4, 2016. Upon motion the documents were
44
received and filed and Resolution No. 100-16 Dubuque Industrial Center South, Building
Pad 1 Sanitary Sewer Extension - Preliminary approval of plans, specifications, form of
contract, and estimated cost; setting date of public hearing on plans, specifications,
form of contract, and estimated cost; and ordering the advertisement for bids was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 4,
2016 in the Historic Federal Building.
RESOLUTION NO. 100-16
DUBUQUE INDUSTRIAL CENTER SOUTH, BUILDING PAD 1 SANITARY SEWER
EXTENSION PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND
ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension Project in
the estimated amount $171,104.22, are hereby preliminarily approved and ordered filed
in the office of the City Clerk for public inspection.
A public hearing will be held on the 4th day of April, 2016, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed
plans and specifications, form of contract and estimated cost of said Project, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or es-
timated cost of the Project.
The Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension is
hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 7th day of April, 2016. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 18th day of April, 2016, in the Historic Federal Building Coun-
cil Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
45
3. Fiscal Year 2016 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project: City
Manager recommending initiation of the public bidding procedure for the FY16 Sew-
ershed 7, 11 and 12 Sanitary Sewer Manhole Project, and further recommends that a
public hearing be set for April 4, 2016. Upon motion the documents were received and
filed and Resolution No. 101-16 FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole
Project — Preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and esti-
mated cost; and ordering the advertisement for bids was adopted setting a public hear-
ing for a meeting to commence at 6:30 p.m. on April 4, 2016 in the Historic Federal
Building.
RESOLUTION NO. 101-16
FY16 SEWERSHED 7, 11 AND 12 SANITARY SEWER MANHOLE PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the FY16
Sewershed 7,11 and 12 Sanitary Sewer Manhole Project in the estimated amount
$118,816.39, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
A public hearing will be held on the 4th day of April, 2016, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed
plans and specifications, form of contract and estimated cost of said Project, and the
City Clerk be and is hereby directed to cause the attached notice of the time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or es-
timated cost of the Project.
The FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project is hereby or-
dered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 7th day of April, 2016. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 18th day of April, 2016, in the Historic Federal Building Coun-
cil Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
46
Passed, adopted and approved this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Boards and Commission Applicant Review. Applicants were invited to address the
City Council regarding their desire to serve on the following Boards/Commissions.
1. Community Development Advisory Commission: One, 3 -year term through Febru-
ary 15, 2019 (Vacant term of Maloy, At -Large). Applicants: Dean Boles, 1715 Geraldine
Dr. Receipt of letter from Mr. Boles expressing his desire to serve on this commission.
Jay Schiesl, 195 W. 17th St.; and Tom Stovall, 3345 Tibey Ct. Mr. Stovall spoke in sup-
port of his appointment.
2. Housing Commission: One, 3 -year term through August 17, 2018 (Vacant term of
Foster). Applicant: Janice Craddieth, 1455 Washington St.
Appointments were made to the following boards/commissions:
3. Community Development Advisory Commission — Appointment: One, 3 -year term
through February 15, 2018 (Vacant term of Kelley, former LMI Area Representative).
Applicant: Julie Woodyard, 2015 Washington (Qualifies for LMI Area Representative).
Motion by Lynch to receive and file the documents and appoint Julie Woodyard to the
remainder of a 3 -year term through February 15, 2018. Seconded by Connors. Motion
carried 7-0.
4. Historic Preservation Commission — Appointment: One, 3 -year term through July 1,
2016 (Vacant term of Whalen). Applicant: Juan Nieto, 510 West 11th St. Motion by
Lynch to appoint Juan Nieto to the remainder of a 3 -year term through July 1, 2016. Se-
conded by Connors. Motion carried 7-0.
5. Mechanical Code Board — Appointment: Two, 3 -year terms through March 16,
2019 (Expiring terms of Billmeyer and Hillary). Applicants: Ronald Billmeyer, 2341 Cov-
entry Park; and Dan Hillary, 3087 Arbor Oaks. Motion by Resnick to appoint Ronald
Billmeyer and Dan Hillary to 3 -year terms through March 16, 2019. Seconded by Lynch.
Motion carried 7-0.
6. Zoning Board of Adjustment — Appointment: One, 5 -year term through March 25,
2021 (Expiring term of McCoy). Applicant: Jonathan McCoy, 263 Main St. Motion by
Resnick to appoint Jonathan McCoy to a 5 -year term through March 25, 2021. Second-
ed by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Request to Rezone 3125 Cedar Crest Ridge: Proof of publication on notice of pub-
lic hearing to consider a request from Joe Bitter to rezone property located at 3125 Ce-
dar Crest Ridge from CS Commercial Service and Wholesale to C-3 General Commer-
47
cial, to permit an indoor recreation facility and the Zoning Advisory Commission recom-
mending approval. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Se-
conded by Lynch. Developer Kathy Bitter, 2275 Wedgewood Dr., spoke in support of
the request. Planning Services Manager Laura Carstens provided a staff report. Motion
carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 6-16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 3125 Cedar Crest
Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial
District. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 6-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3125 CEDAR CREST RIDGE FROM CS COMMERCIAL
SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DIS-
TRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter—described property
from CS Commercial Service and Wholesale District to C-3 General Commercial Dis-
trict, to wit:
Lot 2 Cedar Ridge Farm Place #4, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing 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 21 st day of March, 2016.
/s/Ric W. Jones, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of March, 2016.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone 210 Jones Street: Proof of publication on notice of public hear-
ing to consider a request from Chris Miller to rezone property located at 210 Jones
Street from C-4 Downtown Commercial to C-3 General Commercial for climate -
controlled storage and commercial/retail use and the Zoning Advisory Commission rec-
ommending approval. Motion by Resnick to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Se -
48
conded by Lynch. Developer Chris Miller spoke in support of the request. Planning Ser-
vices Manager Laura Carstens provided a staff report. Motion carried 7-0.
Motion by Resnick for final consideration and passage of Ordinance No. 7-16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 210 Jones Street from
C-4 Downtown Commercial District to C-3 General Commercial District. Seconded by
Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 210 JONES STREET FROM C-4 DOWNTOWN COM-
MERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter—described property
from C-4 Downtown Commercial District to C-3 General Commercial District, to wit:
Lot 122 of City Lot 541, City Lot 542, Lots 1 & 2 of Subdivision No. 2 of City Lot
543, Lot A and Lot 12 of Subdivision D of vacated Shields Street, and to the cen-
terline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing 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 21 st day of March, 2016.
/s/Ric W. Jones, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of March, 2016.
/s/Kevin S. Firnstahl, City Clerk
3. Fiscal Year 2016 Sewershed 5 Manhole Project: Proof of publication on notice of
public hearing to consider approval of the plans, specifications, form of contract and es-
timated cost for the FY16 Sewershed 5 Sanitary Sewer Manhole Project and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 102-16 Approval of plans, specifications, form of contract, and
estimated cost for the FY16 Sewershed 5 Sanitary Sewer Manhole Project. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 102-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE FY16 SEWERSHED 5 SANITARY SEWER MANHOLE PRO-
JECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
49
That the proposed plans, specifications, form of contract and estimated cost for the
FY16 Sewershed 5 Sanitary Sewer Manhole Project, in the estimated amount
$38,043.61, are hereby approved.
Passed, adopted and approved this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Comprehensive Annual Financial Report (CAFR) and Auditor's Communication:
City Manager transmitting the Fiscal Year 2015 Comprehensive Financial Report
(CAFR), Auditor's Communication with Those Charged with Governance Letter, along
with the City Finance staffs responses to auditor's findings. Motion by Lynch to receive
and file the documents. Seconded by Resnick. Eide BaiIly CPA Audit Partner Dave Ca-
hill provided a verbal report on the various sections of the CAFR and responded to
questions from the City Council related to recent pension funding standards and bond
ratings. Motion carried 7-0.
2. Code of Ordinances Title 6 - Adopting the International Property Maintenance
Code (First Reading): City Manager recommending adoption of the International Proper-
ty Maintenance Code to replace the City's existing Housing Code and used for the rent-
al inspection program. Correspondence from Behr's Funeral Home, the Downtown
Neighborhood and Historic Bluffs Neighborhood Associations, and Mary Gotz regarding
adoption of the International Property Maintenance Code. Motion by Resnick to receive
and file the documents and consider the first reading of a proposed ordinance repealing
Title 6, Chapter 6 of the City Of Dubuque Code Of Ordinances and all other ordinances
or parts of laws in conflict therewith; adopting the 2015 Edition of the International Prop-
erty Maintenance Code, regulating and governing the conditions and maintenance of all
property, buildings, and structures; by providing the standards for supplied utilities and
facilities and other physical things and conditions essential to ensure that structures are
safe, sanitary and fit for occupation and use; and the condemnation of buildings and
structures unfit for human occupancy and use, and the demolition of such existing struc-
ture in the City of Dubuque; providing for the issuance of permits and collection of fees
therefor; and adopting a new Article within Title 14, Chapter 1 as Article J. Seconded by
Rios. City Manager Van Milligen stated that there was no consensus provided by the
Housing Code Board of Appeals. Assistant City Attorney Crenna Brumwell, Housing
and Community Development Director Alvin Nash, and Housing Inspector Ben Pothoff
provided a slide presentation. Motion carried 7-0.
3. Recommendation of Nine Pesticide -Free Parks: City Manager transmitted infor-
mation on the progress of the Integrated Pest Management Work Group and recom-
mendation of nine pesticide -free parks. Motion by Connors to receive and file the docu-
ments. Seconded by Resnick. Motion carried 7-0.
50
4. Property Acquisition - Morrison Brothers' Washington Street Properties: City Man-
ager recommending approval to acquire property on Washington Street between E. 24th
Street and E. 25th Street from Morrison Brothers required for the Bee Branch Creek
Restoration Project. Motion by Connors to receive and file the documents and adopt
Resolution No. 103-16 Approving the acquisition of real estate owned by Morrison
Brothers in the City of Dubuque. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 103-16
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MORRISON
BROTHERS, IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque (City) intends to acquire certain real property owned
by Morrison Brothers (Owner), at 2496 Washington Street and six lots along the same
block legally described as follows (the Property):
Lots 13, 14, 15, 16, 17, N. YZ 18 and 20 of O. S. Langworthy's Addition, all in the
City of Dubuque, Dubuque County, Iowa
for the purpose of expanding the limits and function of a City park, Comiskey Park;
and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with
the Owner to purchase the Property before proceeding with condemnation; and
Whereas, an Offer to Buy and Acceptance has been negotiated with the Owner; and
Whereas, it is in the best interest of the City to acquire the property under the terms
of the Offer to Buy and Acceptance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed to the Property, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate
Section 3. That the City Attorney be and is hereby authorized and directed to cause
said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to-
gether with a certified copy of this Resolution.
Section 4. That the City Attorney be and 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 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
5. 2016 Bridge Repair and Maintenance Project Award: City Manager recommending
award of the construction contract for the 2016 Bridge Repairs and Maintenance Project
to the low bidder Tschiggfrie Excavating Co. Motion by Lynch to receive and file the
documents and adopt Resolution No. 104-16 Awarding public improvement contract for
the 2016 Bridge Repairs and Maintenance Project. Seconded by Connors. Motion car-
ried 7-0.
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RESOLUTION NO. 104-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2016 BRIDGE RE-
PAIRS AND MAINTENANCE PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2016 Bridge
Repairs and Maintenance Project, (the Project) pursuant to Resolution No. 44-16 and
Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on
the 19th day of February, 2016.
Whereas, said sealed proposals were opened and read on the 10th day of March,
2016 and it has been determined that Tschiggfrie Excavating Co. of Dubuque, Iowa,
with a bid in the amount of $304,972.81 is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Public Improvement Contract for the Project is hereby awarded to
Tschiggfrie Excavating Co. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 21st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Heeb Street Retaining Wall Reconstruction Project Award: City Manager recom-
mending award of the construction contract for the Heeb Street Retaining Wall Recon-
struction Project to the low bidder McDermott Excavating. Motion by Lynch to receive
and file the documents and adopt Resolution No. 105-16 Awarding public improvement
contract for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Res-
nick. Motion carried 7-0.
RESOLUTION NO. 105-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE HEEB STREET RE-
TAINING WALL RECONSTRCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Heeb Street
Retaining Wall Reconstruction Project, (the Project) pursuant to Resolution No. 43-16
and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
on the 19th day of February, 2016.
Whereas, said sealed proposals were opened and read on the 10th day of March,
2016 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a
bid in the amount of $164,778.00 is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to McDermott
Excavating and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 21 st day of March, 2016.
Ric W. Jones, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, CMC, City Clerk
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There being no further business, upon motion the City Council adjourned at 7:49 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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