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Environmental Covenant for the Old City Garage Site_IDOT Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Environmental Covenant for the Old City Garage Site SUMMARY: City Manager recommending approval of the Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site at 925 Kerper Boulevard. RESOLUTION Approving an Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site, formerly Peoples Natural Gas, at 925 Kerper Boulevard, Dubuque, Iowa as requested by the Iowa Department of Transportation SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Old City Garage Environmental Covenant-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Environmental Covenant Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Environmental Covenant: Old City Garage Site, formerly Peoples Natural Gas DATE: March 28, 2016 The Iowa Department of Transportation has requested that the City of Dubuque approve an Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site, formerly Peoples Natural Gas. The Covenant is virtually identical to the covenant adopted recently at the request of the United States Environmental Agency. City Attorney Barry Lindahl recommends City Council approval of the Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB bE MEMORANDUM Masterpiece on the Mis * sippi 6 BARRY LINDAH CITY ATTORNE To: Michael C. Van Milligen City Manager DATE: March 25, 2016 RE: Environmental Covenant: Old City Garage Site, formerly Peoples Natural Gas The Iowa Department of Transportation has requested that the City of Dubuque adopt the attached resolution approving an Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site, formerly Peoples Natural Gas. The Covenant is virtually identical to the covenant adopted recently at the request of the United States Environmental Agency. The City of Dubuque is the current owner of environmentally contaminated property with a local address of 925 Kerper Boulevard, Dubuque, Iowa. The property was previously owned by Peoples Natural Gas, who among others, contributed to the contamination of the site. For that reason, it is commonly known as the Peoples Natural Gas Site (the Site). On April 19, 1989, the U.S. Environmental Protection Agency (EPA), pursuant to its authority under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), issued an administrative order for the cleanup and continued monitoring of the Peoples Natural Gas Site. Pursuant to that order, EPA required the City of Dubuque to place institutional controls on the Site in the form of a deed restriction, which was recorded in 1991. Subsequently, in 2005, Iowa passed the Uniform Environmental Covenants Act (the Act), which allowed persons to restrict the use of contaminated property in perpetuity by executing and recording an environmental covenant. Following the enactment of the Act, environmental covenants have replaced deed restrictions as the preferred institutional control on sites where contamination will remain on the property. On September 25, 2013, EPA issued an Amendment to the Record of Decision which amended the remedy for the Site to require, in part, the placement of an environmental OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/FAx (563)583-1040/EMAIL balesq@cityofdubuque.org covenant on the property restricting its use because certain soil and groundwater contamination will remain on the Site. EPA requested that the deed restriction be removed from the property, as it was EPA's intent for the environmental covenants to replace the deed restrictions as the sole institutional control on the Site. Pursuant to the Amended ROD, the City negotiated the environmental covenant with EPA. The covenant was prepared using the model language provided by the Iowa Department of Natural Resources and Activity and Use Limitations required for the Site by EPA. The Activity and Use Limitations both restrict the City's ability to use the property and require certain affirmative obligations on the part of the City, including, for example, some of the following: giving access to EPA when requested, notifying future users of the property of the contamination and the restrictions, not digging below a certain depth on the property without EPA's permission, not using the property for residential use, and notifying EPA if anyone does work on the property that could disturb the contamination. The practical impacts of the covenant for the City are twofold: (1) the City must ensure its use of the property complies with the terms of the covenant, and (2) the covenant limits the future use of the property and therefore makes it less attractive to future buyers. The City's plan for the future use of the property are to construct a bus transportation facility with incidental office use. This specific use has already been approved by EPA and would meet with the requirements of the covenant. The Iowa Department of Transportation has now requested that the City approve a similar covenant, which is attached. I recommend that the resolution approving the attached Environmental Covenant and Release of Prior Property Restriction be submitted to the City Council for consideration and approval. BAL:tIs Attachment cc: Don Vogt, Public Works Director Connor Wasson, Esq., Ahlers Law Firm FAUSERS\tsteckle\Lindahl\City Garage-Old-New Facilities\MVM_EnvironmentalCovenant_032516.doc 2 Number: 201600005376 Recorded: 5/10/2016 at 4:00:10.127 PM Fee Amount: $72.00 Revenue Tax: JOHN MURPHY RECORDER Dubuque County, Iowa QIOWADOT Environmental Covenant And Release of Prior Property Restriction Recorders Cover Sheet PREPARER INFORMATION: Richard Mull, Assistant Attorney General, 800 Lincoln Way, Ames, IA 50010, 515-239-1521 TAXPAYER INFORMATION: N/A RETURN DOCUMENT TO: Sharon Bowers, Iowa Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames , IA 500 10 GRANTORS: GRANTEES: State of Iowa City of Dubuque , Iowa LEGAL DESCRIPTION: See Page 2 DOCUMENT OR INSTRUMENT NUMBER OF PREVIOUSLY RECORDED DOCUMENTS: Book and Page of previously recorded document is Document Number 1991-00004820. Filed oil May 15, 199'1. Dubuque County Page '1 of 14 " ..... ... ...................:.;..<. ... :.~;........... ........•............... ..·u.·.·..v.·.·.·.·.··· " Return to and Prepared by Ri chard Mull , Assi stant Attorney G e n~ral , 800 Lincoln Way , Ame s, IA 500 I 0, 515-23 9 -1521 ENVIRONMENTAL COVENANT AND RELEASE OF PRIOR PROPERTY RESTRICTION This Environmental Covenant is established and executed pursuant to Iowa Code chapter 4551 , entitled Uniform Environmental Covenants Act. The signatories hereto have entered into this Environmental Covenant for the purpose of subjecting the property described below , or a portion thereof, to certain activity and use limitations in accordance with the terms and conditions specified herein, I. The Property, The State ofIowa is the sole fee simple title owner of real property legally described as: Lot I of City Lot 504 ; Lot 1 of Lot 1 of Lot 2 of City Lot 504; Lot 2 of Lot 2 of City Lot 504 ; Lot I of Lot 3 of Lot 2 of Outlot 504; Lot 1 of Lot 10fLot 1 of Lot I of Lot I of the Subdivision of ' 'all of Outlot 507 , except the Westerly 100 feet thereof'; Lot 2 of Lot I of the Subdivision of "all of Outlot 507 , except the Westerly 100 feet thereof'; and the Easterly 208.5 feet of Lot "A" of Vacated East Tenth Street, in the City of Dubuque , Iowa, according to the recorded plats of said respective subdivisions, subject to easements of record, situated in Dubuque, Dubuque County, Iowa (hereinafter "Property"), 2, Background and Release of Prior Property Restriction. On April 19 , 1989, the U.S. Environmental Protection Agency (hereinafter "EPA" or "Agency"), pursuant to its authority under the Comprehensive Environmental Response. Compensation and Liability Act of 1980 ("CERCLA"), issued an Administrative Order on Consent to address environmental contamination at a site referred to as the Dubuque Peoples Natural Gas Site ("Site"). Pursuant to that order, the Iowa Department ofTransportation, acting for the State onowa, placed institutional controls ("Deed Restriction ") on certain of its real property impacted by the contamination, which instrument was recorded on May 15, 1991, as Instrument No. 1991-00004820 with the Dubuque County Recorder's office. Subsequently , EPA and various parties agreed to implement a remedy for the Site (removal and remedial actions collectively "Environmental Response Project"). On September 25, 2013, EPA issued an Amendment to the Record of Decision, which amended the remedy for the Site to include, in part, placement of this Environmental Covenant on the Site because certain soil and groundwater contamination remains on the Property. The administrative record for the Envirorunental Response Project is on file at the offices of the u.s. Environmental Protection Agency , Region VII, 11201 Renner Boulevard , Lenexa, Kansas 66219 . In order to implement the Amendment to the Record of Decision of September 25 , 2013, EPA has requested the State of Iowa to terminate and release the existing Property Restriction for the property. The State of Iowa hereby terminates and releases the Property Restriction and, from the date of recording of this Environmental Covenant, the prior Property Restriction recorded as Instrument No . 1991-00004820 will have no force and effect with respect to the Property. 3. Reopening. The signatories acknowledge that failure of the Activity and Use Limitations to serve their intended purpose, including the prevention of exposure to contamination, could result in the Agency reopening its review and regulation of the contaminant condition on the Property as may be allowed by applicable law. 4. Identity of Grantor, Holder, and Agency, as each is defined In this Environmental Covenant and as provided in Iowa Code §4551.3: Grantor: The State onowa is the current owner of the Property and the Grantor of this Envirorunental Covenant. Holder: MidAmerican Energy Company, an Iowa Corporation, is conducting Environmental Response Projects on the Property. Agency: The U .S. Environmental Protection Agency (EPA), an agency of the United States, is the Agency under this Environmental Covenant. Third Party Beneficiaries: The Iowa Department of Natural Resources (IDNR), is an agency of the State of Iowa, although not an Agency hereunder. The City of Dubuque , Iowa , is an Iowa Municipal Corporation, vested , concurrently with the Iowa Department of Transportation , an agency of the State of Iowa, with jurisdiction and control of the municipal extension of the primary highway under Iowa Code section 306.4(4). 5. Representations . The State onowa states to the other signatories to this agreement the following: a. that it is the sole fee simple title owner of the Property; 2 " b. that it holds sufficient fee simple title to the Prope rty to grant the rights and interests described in this Environmental Covenant free of any conflicting legal and equitable claims, and c. that it has identified all other persons holding legal or equitable interests to the Property including, but not limited to, contract buyers, mortgagees , other consensual lien holders and lessees, and they are: Under Iowa Code section 306.4(4)jurisdiction and control of the municipal extension of the primary highway is vested concurrently in the Iowa Department of Transportation and the City of Dubuque, Iowa. The City of Dubuque, Iowa, therefore, joins in the execution of this agreement. 6. Running with the Property. This Environmental Covenant is perpetuaJ and runs with the Property as provided in Iowa Code section 4551.9 until modified or telminated . This Environmental Covenant is binding on the Grantor and the Holders and all of their successors, assigns and all transferees acquiring or owning any right , title, lien or interest in the Property and their heirs, successors, assigns , grantees, executors, administrators and devisees. The term "transferee," as used in this Environmental Covenant, shall mean any future owner of any interest in the Property or any portion thereof including, but not limited to, owners of an interest in fee simple, contract buyers, mortgagees , easement holders and /or lessees . 7. Activity and Use Limitations and Terms. The Property is subject to the following activity and use limitations : a. Owners of the Property shall notify all tenants in any buildings on the Property or occupants in any buildings on the Property (he reafter '-tenants or occupants") of these Activity and Use Limitations and shall condition all occupancy and tenancy of any buildings on compliance with these Activity and Use Limitations. The Holder identified herein has executed this Environmental Covenant and is bound by such Activity and Use Limitations without further notice. Failure by any tenant or occupant to comply with these Activity and Use Limitations does not excuse compliance by the then existing owner with these Activity and Use Limitations. b. The Property shall not be used for any purpose other than commercial, industrial or any and all highway or transportation purposes and matters relating thereto . c. The Property shall not be used for residential use or use where children may be present for extended periods of time , including school or day care. d. Except for monitoring wells authorized by the EPA or IDNR, installation and/or use of wells for any purpose whatsoever, including but not limited to potable and non-potable water supply, for human or animal consumption, ilTigation, heat pumps or sanitation , is prohibited. e. Existing monitoring wells located on the Property shall not be abandoned or closed without the approval of the EPA or IDNR. 3 -.. f. Any new construction of enclosed buildings at the Property must prevent, or include remedial systems to control and/or abate, vapor intrusion of Contaminants of Concern into any such new construction at the Property, if necessary for compliance with published standards for protectiveness of human health and the environment. Such systems must be properly operated and maintained. Contaminants of Concern at the Site include: polynuclear aromatic hydrocarbons (PAHs), including naphthalene, benzene, ethyl benzene, toluene, and xylene (BETX). g. Any person undertaking excavation or construction activities that may disturb soil at the Property more than six feet below the surface grade shall provide no less than thirty (30) days' advance written notice thereof to EPA. Such excavation or construction shall not proceed without prior written approval by the Agency, unless the excavation or construction is part of an Environmental Response Project that has been approved by the Agency. Such notice and approval is not required for exigent circumstances, in which case notice must be given as soon as possible. h. If at the time of their ownership or occupancy an owner, tenant, or occupant observes or is given notice that some other party, including but not limited to a utility easement holder, is, without EPA approval, undertaking either emergency or non-exigent excavation or construction activities more than six feet below the surface grade, said owner, tenant or occupant shall (i) promptly provide a copy to such other party engaged in such activities of these Activity and Use Limitations; (ii) promptly notify such other party that all appropriate and necessary assessments and precautions should be taken prior to such activities including, but not limited to, employee protection and hazardous substance management; (iii) promptly notify EPA of the other party's activity or planned activity and contact information for such other party; and (iv) promptly notify such other party that the materials generated at or from the excavation or construction activities must be properly managed as may be required by law, making all appropriate and necessary assessment prior to such management. 8. Notice of Non-Compliance. Any property owner, tenant or occupant, or subsequent transferee of an interest in the Property shall notify the Agency and IDNR as soon as practical of conditions which would constitute a breach of the Activity and Use Limitations in paragraph 7 if they have actual knowledge of these conditions. 9. Access to the Property. Reasonable access to the Property, with prior reasonable notice to the owner or occupant or tenant, is hereby granted to the authorized representatives of EPA and IDNR to conduct environmental activities at the Property, to ascertain or ensure that the Environmental Response Project taken at the Property is or has been implemented and remains effective and protective ofhmnan health or welfare or the environment, and to determine compliance with the terms of this Environmental Covenant. Access may include the collection of environmental samples including, but not limited to, surface water, groundwater and soil. Holder also has access to the Property during the period of Owner's ownership or during the period the remedial design and remedial action activities are performed, whichever is shorter. No physical change shall be made within the highway right-of-way of the Iowa Department ofTransportation by any party without prior written notice to the Iowa Department of Transportation and compliance with the substantive 4 ·. requirements and specifications of the Iowa Department of Transportation for the proposed work. Written notice shall be submitted to the District Six (6) Engineer, Iowa Department of Transportation, 5455 Kirkwood Boulevard, Cedar Rapids, IA 52404, sixty (60) days in advance of the commencement of the proposed work. 10. Cooperation and Assistance. The owner and any tenant or occupant of the Property must fully cooperate with the authorized representatives of EPA and IDNR and Holder of this Environmental Covenant as they conduct environmental activities at the Property, if any, and the owner and any tenant or occupant shall not destroy, damage, interfere with or impede the effectiveness or integrity of any environmental activities on the Property. 11. Groundwater Hazard Statement Notice . Upon submission of any required groundwater hazard statement to the county recorder, Iowa Code section 558.69 requires disclosure if "hazardous waste" exists on the property as defined in Iowa Code section 455B.411 (3), 455B.412(2) or 455B.464, or if the IDNR determines that solid waste exists on the property that is potentially hazardous. Ifhazardous waste is present, the groundwater hazard statement must state that the condition is being managed in accordance with IDNR rules. The signatories and all subsequent transferees required to submit a groundwater hazard statement under Iowa Code section 558.69 shall make reference to this environmental covenant in substantially the following form: THE rNTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL COVENANT, DATED [date month, day, year! RECORDED IN THE DEED OR OFFICIAL RECORDS OF THE [county name! COUNTY RECORDER ON [date month. day, year! IN [document, book and page, or parcel number1. 12. Modification and Termination. This Environmental Covenant may be modified or terminated in accordance with and subject to the provisions of Iowa Code chapter 4551. The termination or modification of this Environmental Covenant is not effective until the document evidencing consent of all necessary persons is properly recorded. 13. Enforcement. The terms of this Environmental Covenant may be enforced in a civil action for injunctive or other equitable reliefby the signatories and those persons authorized by and in accordance with Iowa Code chapter455I including, but not l1mited, to Grantor, Grantees, Holders, EPA, IDNR and the City of Dubuque, Iowa. 14. Severa bility. If any provision of this Environmental Covenant is found to be unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Governing Law. This Environmental Covenant shall be governed by and interpreted in accordance wi th the laws of the state of Iowa . 5 16 . Recordation. Within thirty (30) days following execution of this Environmental Covenant by all parties hereto, Grantor shall properly record this Environmental Covenant with the Dubuque County , Iowa , Recorder 's Office . 17. Effective Date . The effective date of this Environmental Covenant shall be the date upon which the fully executed Environmental Covenant has been properly recorded with the Dubuque County , Iowa, Recorder's Office . 18 . Notice . Unless otherwise notified in writing by an Agency , any document or notice required by this Environmental Covenant shall be submitted to: EPA Director, Superfund Division U.S. Environmental Protection Agency , Region VII 11201 Renner Boulevard Lenexa, Kansas 66219 IDNR Iowa Department of Natural Resources Contaminated Site Section Supervisor Wallace State Office Building 502 East Ninth Street Des Moines , IA 50319 Holder MidAmerican Energy Company Attention: Environmental Services P .O. Box 657 Des Moines , IA 50306-0657 19 . Subordination and Consent. By signing this Environmental Covenant, the signatories knowingly and intelligently acknowledge their consent to the terms of this Environmental Covenant and agree to subordinate their interest in the Property . 20 . Signature. This Environmental Covenant may be signed in counterpart. 6 , GRANTOR: I, Terry E. Branstad, Governor of the State oflowa, have caused this instrument to be issued at Des Moines , on this~ay of I1pr r L , 2016 . . . ~f~ " Terri'f. B Paul . Pate, Iowa Secretary of State I hereby certify that the foregoing Environmental Covenant is recorded in Vol. ~, Page ~~in the State Land Office. ~~ Paul . Pate, Iowa Secretary of State State of Iowa ) ) SS: County of Polk ) On this ~day of ~xu::L- Branstad , Governor of Iowa , who oeing duly swo State of Iowa County of Polk ) ) ) SS: On this ~day of f\26\ ,2016 , before me personally appeared Paul D. Pate , Iowa Secretary of State, who bemg duly sworn , did sign this Environmental Covenant. N otary Public , State of Iowa 7 OMn CllfNO. ,.."1If0CN:'.!f!'!.... .....1&Mw 1•. 201 g ·, HOLDER: MIDAMERICAN ENERGY COMPANY ,2016 State of lo\Vct ) ) SS: County of Potf.",...ff-"I'kj e. ) On this l'}rl, day of ~cA , 2016, before me personally appeared Je.I\I"'f~ tlor , who being duly sworn , did say that she is the \/PI Cn~;ro" rt\CI\/-Q.l «zY4~S of the corporation, that (the seal affixed to said instrument is the seal of said corporation or no seal has been procured by said corporation) and that the instrument was signed and sealed on behalf of said corporation by authori ty of its board of directors and that the said officer acknowledges the execution of said instrument to be the voluntary act and deed of said corporation by her vciluntarify executed: Nota~;~ "I~ KELLY L 'HtlLlPSCommission Numbel' 748186~ ,·..0 My 6 (I Commission E_p ·res '0 8 AGENCY: U.S. ENVIRONMENTAL PROTECTION AGENCY By : Mary terson, DIrector Superfund Division U.S. EPA, Region VII State of Kansas ) ) SS: County of Johnson ) On this q\A"'\day of 'lJct~ ,2016, before me personally appeared Mary Peterson, the Director ofthe Superfund Division of Region VII ofthe U.S. Environmental Protection Agency, who being duly sworn, did sign this Environmental Covenant. NOTNW 'UllUC· ...of 1Ca_ . MILADY R . . PETERS .e..My Appl. Expires -+'-IrR4-I-+- 9 .• ,;,,1:, si on Num ber 719986 I·, V ;"omm ission Exp ires ~. . OTHER INTERESTED PARTY: City of Dubuque, Iowa D.L-/_A-",-p_r _i_l_ 4 ___ , 2016 Bu o l ~hlBy: City ClerkTitle: State of Iowa SS: County of Dubuque On thi s 4 t h day of Apr iI, 2016, before me , personally appeared Ro y D. B u o~ and Ke v in S . Firnstahl to me personally known , and , who, being by me dul y sworn, did say that they are the Mayor and City Clerk , respectively , of the City of Dubuque , Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation , and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council , as contained in Ordinance No. 4 3 -0 9 passed (the Resolution adopted) b y the City Council, under Roll C all No. _N_I_A_ _____ of the Ci t y Council on the jj_~_ day of £.2I)_1_______, 2016 , and that Ro y D. Buol and Ke vin S. Firnstahl acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~(b.~ --"" I ~H l. CUM SON Notary Public, State of Iowa 10 RESOLUTION NO. 106-16 APPROVING AN ENVIRONMENTAL COVENANT AND RELEASE OF PRIOR PROPERTY RESTRICTION FOR THE OLD CITY GARAGE SITE, FORMERLY PEOPLES NATURAL GAS AT 925 KERPER BOULEVARD, DUBUQUE, IOWA AS REQUESTED BY THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the City of Dubuque is the current owner of environmentally contaminated property with a local address of 925 Kerper Boulevard, Dubuque, Iowa, which property was previously owned by Peoples Natural Gas, who among others, contributed to the contamination of the site, commonly known as the Peoples Natural Gas Site (the Site); and Whereas, the U.S. Environmental Protection Agency (EPA) previously required the City of Dubuque to place intuitional controls on the Site in the form of a deed restriction, which was recorded in 1991; and Whereas, EPA requested that the deed restriction be removed from the property, as it was EPA's intent for an environmental covenant to replace the deed restriction as the sole institutional control on the Site; and Whereas, City negotiated the Environmental Covenant with EPA which was approved by the City Council on September 8, 2015; and Whereas, the Iowa Department of Transportation has requested that the City adopt the Environmental Covenant and Release of Prior Property Restriction attached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Environmental Covenant and Release of Prior Property Restriction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Environmental Covenant and Release of Prior Property Restriction attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Environmental Covenant and Release of Prior Property Restriction on behalf of the City of Dubuque. 1 Section 3. The City Manager is authorized to take such action is may be necessary and convenient to implement the Environmental Covenant and Release of Prior Property Restriction. Passed, approved and adopted this 4th day of April, 201 ATTEST:, Kevin Firnstahl, Cityerk 2 Roy D. Buo , j ayor · ." .: . " CERTIFICATE of the CITY CLERK STATE OF IOWA ) ) 55: COUNTY OF DUBUQUE ) I, Kevin S . Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk , I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 106-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque , Iowa. Dated at Dubuque, Iowa , on this 5th day of April , 2016.