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Home My WebLink About2014-05-06 Resolution05-06-14 4d(l) Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5030 RESOLUTION NO. 14 -112 RESOLUTION APPROVING AN AMENDMENT TO LEASE WITH MERSCHMAN SEEDS, INC. TO LEASE AN ACCESS WAY FROM MORMON TREK BLVD. TO THE NORTH /SOUTH RUNWAY. WHEREAS, the Iowa City Airport Commission ( "Commission "), the City of Iowa City, and Merschman Seeds, Inc. have a lease agreement to provide access from Mormon Trek Blvd. to the area south of the closed, north /south runway; WHEREAS, said lease expired on February 28, 2014, and Merschman Seeds, Inc. would like to extend the term of the lease by one year to February 28, 2015; and WHEREAS, it is in the best interest of the City to amend the term of the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute and attest respectively two originals of an amendment of the lease agreement to extend the term to February 28, 2015. Passed and approved this 6th day of May , 2014. a MAYOR Approved by ATTEST: Alz2� CITY C ERK City Attorney's Office Resolution No. Page 2 14 -112 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Dobvns the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 FOURTH LEASE AMENDMENT THIS lease amendment is entered into among the City of Iowa City ( "City "), the Iowa City Airport Commission ( "Commission "), and Merschman Seeds, Inc. ( "Merschman") in Iowa City, Iowa. WHEREAS, the City, the Commission, and Merschman entered into a Lease for an accessway from Mormon Trek Blvd. to the southern end of runway 18/36 at the Iowa City Airport ( "Leased Premises ") which was amended on three occasions to extend the lease term; and WHEREAS, Merschman wishes to extend the lease term for one additional year. THEREFORE, the parties mutually agree to amend the Agreement as follows: • The first sentence in Paragraph 2, entitled "Term," is deleted in its entirety and the following new sentence is substituted in lieu thereof: The term of this lease shall be from March 1, 2008 to February 28, 2015. • All other terms of the Lease, as amended, not inconsistent with this amendment remain in full force and effect. CITY OF IOWA CITY By: 4QC-- ( n Mathew J. Hayek, Mayor ATTEST: �-/ n - A� Mari rK. Karr, City Clerk IOWA CITY AIRPORT COMMISSION By: Ch6stine Ogren, Q6herson ATTEST;_ aril la�e�e�- Secretary M � h �� 41-c, GGUrd�► z�;�l A-r�� Date 5/. //// Date � // ?1 Date / - ?- Z Date MERSCHMAN SEEDS, INC. By 4, (-/Jose 5h H. Mersch4aii JCS F ARMS By J me E. Sladek STATE OF IOWA ) ) ss: JOHNSON COUNTY) '09pr l// ) 5� '0�0/4} Date y -4o-�� Date CITY'S ACKNOWLEDGEMENT On this 41, of 2014, before me, j frc K, / j - 6Y-e., , a AQt y Public in and for the State of Iowa, personally appeared Mathew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, 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 and that Mathew J. Hayek and Marian K. Karr 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. Notary Public in and for the State of Iowa Kai l ( K, TU7TLF My commission expires: NPlay C, q issi Expires oi 2 MERSCHMAN ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: L COUNTY) This instrument was acknowledged before me on I , 2014 by Joseph H. Merschman as President/CEO of Merschman Seed*1c , Notary Public i> ERd`for the St ----- - - ---- RONA L. WILKENS Commission Number 750498 My Commission Expires '91W January 10, 2017 JCS ACKNOWLEDGEMENT STATE OF IOWA ) ,�- ) ss: -COUNTY) This instrument was acknowledged before me on Apo L � l- , 2014 by James E. Sladek of JCS Familv Farms. hP m a�.. "� Commission Number 740957 Commission L Number 74 My ommission Expires Approv y: City Attorney's Office �i ► rU.I1LL,1 �` �. L1jhl tr the State of Iowa -05-06-14 4d(2) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 14 -113 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, December 1, 2005, The Housing Fellowship executed a Mortgage with the City of Iowa City to secure a loan for the use of HOME Investment Partnership Funds; and WHEREAS, The Housing Fellowship has sold this property to an income - eligible person; and WHEREAS, the City's Mortgage prevents clear title going to the buyer of the property; and WHEREAS, the City of Iowa City should release the mortgage on said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1552 Dickenson Lane from a Mortgage recorded March 14, 2006, Book 3999, Page 742 through Page 748 of the Johnson County Recorder's Office. Passed and approved this 6th day of May , 20 MAYOR Approved by ATTEST: e_ .% CITY -ERK City Attorney's Office It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: Resolution No 14 -113 Page 2 AYES: NAYS: ABSENT: x Champion Dickens _ x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): The Housing Fellowship Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1552 Dickenson Lane, Iowa City, Iowa, and legally described as follows: Lot 85 South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312 Plat Records of Johnson County, Iowa. from an obligation of the owner, The Housing Fellowship f /k/a Greater Iowa City Housing Fellowship, to the City of Iowa City represented by a Mortgage recorded March 14, 2006, Book 3999, Page 742 through Page 748 of the Johnson County Recorder's Office. The property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: 7� CITY LERK STATE OF IOWA pp Y A ro `F_._ I +_, `F City Attorney's Office JOHNSON COUNTY , f On this day of f A.D. 20 `t , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as co� t 'ned in Resolution No. f�f -/ t3 adopted by the City Council on the -TIAL day 20 I and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged Me execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. A�-C. (it- /� uW* , Notary Public in and for Johnson County, Iowa KELLIE K. TUTTLE Commissi nNu ber221819 r ' P/ly C missi n E pines Io�VA 4d(3) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -114 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 19, 2014 THROUGH JULY 13, 2014. WHEREAS, section 4 -5 -3D of the City Code allows private entities to sell wine and beer and persons to consume wine and beer in a city park, on public right -of -way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Riverside Theatre would like to be able to sell wine and beer in City Park in conjunction with Riverside Theatre Shakespeare Festival performances and related events from June 19, 2014 through July 13, 2014; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached agreement. Passed and approved this 6th day of May , 2014. ATTEST: ?)L� ; e . z-- 1� CITY CICERK 4 MAYOR Approved b r/ City Attorney's Office Resolution loo. 14 -114 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RIVERSIDE THEATRE TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE IN CITY PARK This Agreement is made between Riverside Theatre (hereinafter "Riverside ") and the City of Iowa City, a municipal corporation (hereinafter "City "), in Iowa City, Iowa. WHEREAS, Riverside is an "authorized entity" as that term is defined in Iowa City City Ordinance No. 04 -4123, codified at section 4 -5 -3D of the City Code; WHEREAS, Riverside has applied for a license to sell beer and wine for 213 N. Gilbert Street, Iowa City, Iowa and intends to apply to transfer said license to an area in City Park in and around the Riverside Theatre Festival Stage; and WHEREAS, the parties wish to enter into an agreement to allow Riverside to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances in City Park. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for Riverside's promises herein, the City agrees to allow Riverside control over the following area within City Park from June 19, 2014 through July 13, 2014: The area shall begin at the northeast corner of the festival stage box office and continue on a straight line east 35 feet. The line will then make a right angle turn to the south and continue for 150 feet. The line will then make a right angle turn to the west and continue for 100 feet. The line will then make a right angle turn to the north and continue 50 feet until it meets the festival stage and the seating area. ( "authorized site ") Attached, marked Exhibit A, and incorporated herein is an illustration of the authorized site. 2. Term. This agreement shall commence on June 19, 2014 and shall expire on July 13, 2014. 3. Access. Riverside shall take all reasonable steps to ensure that every person on the authorized site has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or volunteer for Riverside and shall exclude any person who is not. 4. License. This agreement is void if Riverside does not have a license to sell beer or wine on the authorized site at any time during the period of June 19, 2014 through July 13, 2014. 5. Sale of Beer/Wine. Riverside shall only sell beer or wine to a person who is over twenty -one (21) years of age and who has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or a volunteer for Riverside. 6. Advertisement. Riverside shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. Riverside shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If Riverside fails to do so and if City staff has to collect the debris and trash from the authorized site, Riverside may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. Insurance. a) Premises Insurance. From June 19, 2014 through July 13, 2014, Riverside shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate, shall name the City as an additional insured, and shall include the Governmental Immunities Endorsement, a copy of which is attached, marked Exhibit B, and incorporated herein. Riverside shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 19, 2014 through July 13, 2014, Riverside shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2013) in the amount of $500,000 (five hundred thousand dollars). Riverside shall provide thirty (30) days notice to the 2 City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. 10. Indemnification. Riverside shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer or wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of the authorized site or sale, consumption, or possession of beer or wine on the authorized site. 11. Non - Discrimination. Riverside shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 12. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 13. Assignment and Subletting. Riverside shall not assign or sublet this agreement without prior written approval of the City. 14. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. RIVERSIDE THEATRE WITNESS: Marian K: Karr, City Clerk THE CITY OF IOWA CITY Matthew J. Hayek, Mayor RIVERSIDE ACKNOWLEDGMENT 3 STATE OF IOWA JOHNSON COUNTY This instrument v(as ac nowt dged before me on ' 2OI\ , 2014 by oc\ I LA (name(s) of person(s)) as D %Ve G (type of authority, e.g, officer, trustee, etc.) of Riverside Theatre. VVN Notary Public in and for the State of Iowa IKATHLEEN M THO RNTON � mission Number764�� ommission expires: ,� Commission Expires CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this +1k day of f , , 2014, before me, the undersigned, a notary public in and for the Sta a of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Approved�b -}y: City Attorney's Office Notary Public in and for the State of Iowa 4r9JAI KELLIE K. TUTTLE Commission Number " 819 My Commission expires: n v r s Si0n EX it es 0 40 114 Ve t o � zo•� City of Iowa City, Iowa Governmental Immunities Endorsement 1. Non - waiver of Government Immunity. The insurance carner agrees and states that the purchase of this policy and the including °of the City cif Iowa City, Iowa as Additional Insured does not waive any of the deft; ses of governmental immunity available to the City of Iowa City, Iowa, under�Code of Iowa Section 670.4 as it now exists and as it may be amended frr: rn time to time. 2. Claims Coverage. The insurance carrier further agrees that4this policy of insurance shall cover only those claims not subject to the defers <!s bf governmental immunity under the Code of Iowa Section 670.4 f now exists, and as it may be amended from time to time. Those claims nat- .ob.ject to Code of Iowa Section 670.4 shall be covered by the terms and c(,-,n �,tions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, to responsible for asserting any defense of governmental immunity so at any time and shall do so upon the timely written request o carrier. Nothing contained in this endorsement shall prevent the asserting the defense of governmental immunity on behalf of the 4 o City. 4. Non - Denial of Coverage. The insurance carrier shall not deny ureter this policy and the insurance carrier shall not deny any of the and, benefits accruing to the City of Iowa City, Iowa under this policy soli i-e .sons of governmental immunity unless and until a court of competent has ruled in favor of the defense(s) of governmental immunity b',, the Cii of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City ol F wa t . iov,,a agree that the above preservation of governmental immu nil ie, it n(y otherwise change or alter the coverage available under the 5 RM CITY OF IOWA CITY MEMORANDUM 4d(7 Date: April 30, 2014 To: Tom Markus, City Manager From: Linda Kopping, Senior Center Coordinator Re: Recommendation for Acceptance of Johnson County Board of Supervisor's $59,224 Economic Development/Quality of Life Block Grant for FY15 Introduction: In the fall of 2013, The Center submitted an Economic Development/Quality of Life Grant to the Johnson County Board of Supervisors requesting $138,700 for FY15. This is the amount necessary to cover the proportion of tax - supported operational expenses equal to the proportion of Center members that reside in areas outside of Iowa City, but in Johnson County. The Johnson County Board of Supervisors awarded The Center $59,224 for FY15. While the City is pleased to continue our partnership with the County, this grant is not proportional to the participation rate of the 19% of Center members who are non -Iowa City residents of Johnson County. The grant funds will be drawn from the County's general levy. Thus, residents of all Johnson County jurisdictions will contribute property tax dollars to fund this grant. Iowa City residents are the largest contributors to the County's general levy and roughly half of the grant amount provided by the County will come from Iowa City residents who are already paying City taxes to support Center operations. History /Background: From the highest contribution of $141,410 in FY02, the County's financial support dropped to $75,000 in FY04. In FY12 and FY13, funding declined to $70,000, or approximately 9% of The Center's total operational budget. This amount was less than what was necessary to cover operational expenses associated with the 19% of Center members who are non -Iowa City residents of Johnson County. In FY14 only the amount necessary to cover the proportion of operational expenses equal to the proportion of Center members residing in unincorporated areas of Johnson County was requested. The City further requested that the funds be drawn from the County's rural levy, given that the requested grant amount was intended to fund only the participation costs of rural residents. The intention was to request funding from other jurisdictions in the County to support the participation of their residents at the Center. The County awarded the $59,224 requested, but the funding came from the general rather than the rural levy. Given the County's apparent interest in using the general levy as a funding source, a decision was made to request $138,700 in the FY15 grant application, an amount proportional to the 19% of non -Iowa City residents of Johnson County who are members of The Center. While this continues to double tax Iowa City residents, it includes taxes collected from all other areas of Johnson County. The County awarded $59,224 for FY15. The Center's annual membership fee program is structured to reflect variations in operational support provided by Iowa City and Johnson County. Iowa City residents pay a membership fee of $33, residents of Johnson County living outside of Iowa City pay $60, and non - Johnson April 30, 2014 Page 2 County residents pay $96. After deducting program revenue and reimbursed expenditures, the FY13 cost per member was approximately $406. The $70,000 County grant in FY13 was roughly $225 per County member outside of Iowa City, leaving a $181 gap. The $60 membership fee covers only a portion of this difference. Discussion of Solutions: Staff will continue to evaluate membership fee structures and cost - recovery models to develop equitable and sustainable funding mechanisms. Achieving equity with other cities in Johnson County may be complicated, as tax dollars from their residents are already being used to help fund the Center through the County general levy, though not in an amount that the covers the cost of providing the service. Financial Impact: The FY14 and FY15 grant amounts are $10,776 less than the FY12 and FY13 grant amounts and $15,776 less than the grant in each fiscal year between 2004 and 2011. The grant continues to `double tax' Iowa City residents for services at the Center, as they pay through both their City and County levies. As membership continues to grow, a decreasing grant amount will exacerbate the inequitable funding described above. Recommendation: Staff recommends acceptance of the $59,224 Economic Development/Quality of Life Grant awarded to The Center by the Johnson County Board of Supervisors. City Manager's Note: City staff recognizes that property taxes levied across one jurisdiction do not provide a proportional relationship between the tax paid and the service received. For example, some individuals pay school taxes but do not send any children to public schools. Property taxes distribute the cost of services (those services provided for the general public good) based on the value of taxable property. However, the issue becomes more complicated when multiple jurisdictions attempt to fund the same service, as is the case with the Senior Center, Animal Services, SEATS, etc. In these situations, it is beneficial to relate the amount of revenue provided by one jurisdiction to the service received by the citizens of that jurisdiction. Doing so reduces the possibility of double taxation or situations in which those receiving a service do not pay their fair share. Attachments: Senior Center /County Grant Johnson County Quality of Life Block Grant Request Please limit application to three pages. Applicant: Iowa City /Johnson County Senior Center Contact Person: Linda Kopping Title: Coordinator Phone: 319 - 356 -5225 E -mail: linda- kopping@iowa -city ore Mailing Address: 28 South Linn St. Iowa City, IA 52240 Website: ICgov.org /senior Funds Requested: .$138,700 Total Organization /Program Budget: $916.000 budget request for fiscal year 2015 Attach • List of officers. • Budget for project. Specifically identify all sources of revenue. • Financial statement (if non - profit or public entity). Signature Date Submit one hard copy and one electronic copy of the application to: Johnson County Board of Supervisors Attn: Andy Johnson, ajohnson @co.johnson.ia.us 913 S. Dubuque Street, Iowa City, Iowa 52240 1 Provide a brief description of your organization. Establishing social connections, keeping active physically and mentally, and maintaining contact with the community are cornerstones of optimal aging, and they are what we do best at The Iowa City /Johnson County Senior Center. I. Establishing Social Connections • Social Interaction and Engagement: Classes, programs, special events, performance groups, volunteer activities, clubs, and organizations all incorporate time for participants to interact with each other. Social interaction and engagement are essential components of all programming. A survey done in June of 2013 indicated many people appreciate the social aspects of The Center. One respondent stated, "It has improved my self- esteem and in a wonderful way has connected me to the community (through classes and activities) so has improved my mental health and relieved the sense of isolation that I sometimes have." Others talked about becoming "familiar with more faces in the community," and enjoying "the small town friendliness of the Center." 2. Keeping Active Physically and Mentally • Classes: The Center provides abundant educational opportunities covering everything from literature and fitness to video production, music, and art education. • Volunteer Service: Center volunteers work as teachers, leaders, project directors, building supervisors, or special project volunteers. They play a critical role in the successful operation of the Senior Center. This type of volunteering can bring a sense of purpose or meaningfulness to a person's life. All Center programming received accolades on the 2013 survey with approval ratings of 94% and above. Positive outcomes identified included learning new things, keeping an active mind, obtaining needed information, making friends, gaining a sense of belonging, and improving physical health. 3. Maintaining Contact with the Community • Community services offered at The Center: The HARP Tax Aide Program; University of Iowa Counseling Services; Volunteer Lawyers; Senior Health Insurance Information Program; Visiting Nurses Association; and Honoring Your Wishes, a community -wide advanced care planning initiative, all ensure that the community comes into The Center. The Senior Nutrition Program, which supplied 84,237 units of service in FY2013, is housed in this building and provided with all of its essential maintenance and operational expenses free of charge. In addition to the 14,254 meals prepared and served on site in FY13, this location was used to make and prepare for delivery 58,092 home delivered meals, 11,891 meals for satellite locations, and 3,409 prepackaged meals for distribution in Johnson County. • The Center Reaches Out to the County: Performances by music, theatre, dance, and poetry groups are regularly scheduled throughout the community. Center volunteers share information about The Senior Center and conduct fundraising activities in a variety of venues. In FY13 The Center recorded 9,298 visits to outreach programs. Service Level Statistics for Fiscal Year 2013 1. There were 104,970 visits to Center sponsored programs. There was an additional 14,254 and 6,940 on -site visits to the Senior Nutrition Program and other services and meetings respectively. 2. There were 360 classes and 50 special events, 7 performance groups, 24 groups and clubs, 18 volunteer opportunities, and 26 professional services offered throughout the year 3. Over 648 volunteers provided services to support programming and the community. 2 Will the request support/increase social, cultural, and /or recreational opportunities for Johnson County residents? If yes, describe. Services and programming provided by the Senior Center offer opportunities for lifelong education, social interaction, cultural engagement, civic engagement, and physical wellbeing. Collectively they promote health, happiness, and independent living and delay or avoid the onset of disabilities and sense of isolation often associated with aging. Center programs are enjoyed by many people; however, a survey done in June of 2013 indicates that low- income and minority older adults are under - represented among participants. Past efforts to remedy this situation by promoting the use of the low- income scholarship program, increasing the number of culturally diverse programs, and community outreach have not met with a great deal of success. The FY15 operational budget proposal requests funding for more aggressive steps to resolve the diversity issue without compromising existing programs that many people enjoy. Specifically, it requests funding to conduct a survey to identify the needs and interests of low- income and minority older adults and to organize and implement free or low -cost programs or services that are of interest to the target population in neighborhood locations. County funding is needed to continue to provide the current level of programming and services, help support programs like the Senior Nutrition Program, and to expand programming to better meet the needs and interests of low- income and minority older adults. Your support is a critical element in the success of this operation. The FY2015 budget request for Center operations is approximately $916,000. Anticipated revenue from participant cost sharing, fundraising, endowment, and donations is about $186,000. The remaining expense ($730,000) typically comes from tax support provided by the City of Iowa City and Johnson County. Of the total membership (1573)1, 19% live in areas outside of Iowa City, but in Johnson County. A proportional share of tax support would be $138,700, or 19% of $730,000. Table 1 provides a breakdown of Center members by place of residence. Table 1 Members by Jurisdiction Area Number of total members (N =1573) Iowa City 1239 79% Coralville 103 7% Hills 2 <1% Lone Tree 6 <1% North Liberty 18 1% Oxford 1 <1% Solon 18 1% Tiffin 4 <1% Unincorporated 133 8% University Heights 26 2% West Branch 0 <1% Other Counties 23 1% 1 Memberships are being used as an indicator of total participation. Many programs and services are open to the public and do not require a membership or registration to participate. As shown in Table 1, 19% of the total Senior Center membership comes from areas in Johnson County that are outside of Iowa City. A grant request for $138,700 supports the participation of all non -Iowa City residents of Johnson County by funding an equivalent amount (19 %) of the Center's operational expenses. Does the request leverage other sources of revenue? Yes. Other sources of revenue are included in the projected FY14 budget. Budget projections include funding from the City of Iowa City, participant cost sharing, fees, grants, donations, corporate sponsors, and Friends of The Center. Multi- jurisdictional support helps to leverage donations County -wide, as well as broadening the membership base and increasing related revenue. Will the funding further strategic goals identified by the Board of Supervisors? Yes. Funding supports programs and services that promote optimal aging and the County's effort to become a Livable Community for all Ages. Center programming includes health promotion programs and services, support services such as Medicare and legal counseling, opportunities for cultural enrichment and lifelong learning, and volunteer opportunities in The Center and larger community. There is a direct relationship between these offerings and the County's Strategic Priority V to provide and promote opportunities to improve quality of life, and goal V to become a more livable community. Describe how the program or project will be impacted if the request is not fully funded. Without sufficient funding, a decline in the quality of programs and services will ultimately occur and outreach to low- income and minority older adults may be compromised. Tiered membership fees reflect multi - jurisdictional support and are reviewed annually. Did your organization receive County Funding last year? If so, identify how the funds were used and how the funds helped enhance the quality of life for Johnson County residents. Funding was used to support operational and program expenses that promoted optimal aging. Highlights include: 1. For the second time the Senior Center was recognized as a Nationally Accredited Senior Center. Fewer than 250 senior centers across the country have been able to attain national accreditation. 2. In June of 2013 The Center conducted a county -wide survey to assess such things as: 1) participant and demographic information; 2) incentives, barriers, and benefits to participation in Center programming; and 3) program satisfaction and recommendations. 3. Honoring Your Wishes (HYW), a community -wide advance care planning (ACP) initiative. In FY13, The Center hosted 17 informational meetings and 164 facilitated discussions. Participant satisfaction surveys show a 100% satisfaction rate with advance care planning discussions. This service is open to all adults and is now available in Spanish. 4. The Senior Center is one of three Senior Health Insurance Information Program (SHIIP) sites in Johnson County. During the Medicare Open Enrollment Period, seven (7) volunteers assisted 243 seniors with their insurance needs. This year, the service will be offered in Spanish. 5. Five hundred and twenty (520) people from all over the county took advantage of the free AARP Tax Aide Program for older adults and low -to- moderate income residents who are US citizens or resident aliens in FY13. 6. Theatre, poetry, instrumental, and vocal musical groups performed at a variety of venues in the county including: Chatham Oaks, Solon Care Center, Coralville Public Library, Sharon Center parade, Coralville Center for Performing Arts, Johnson County Fairgrounds, Lantern Park, Uptown Bill's. 4 The Center IOWA CITY /JOHNSON COUNTY SENIOR CENTER November 14, 2013 Johnson County Board of Supervisors Attn: Andy Johnson 913 S. Dubuque Street Iowa City, Iowa 52240 Dear Members of the Board of Supervisors, On behalf of the Iowa City /Johnson County Senior Center, I am submitting a grant application requesting $138,700 for fiscal year 2015. Senior Center programming touches the lives of people throughout the county by providing a variety of opportunities to engage in activities that help people maximize their ability to live healthy, active, engaged, and independent lifestyles as they grow older. Participation counts for FY13 indicate a successful programming year with 104,970 visits to Center sponsored programs. However, a survey conducted in June of 2013 suggests that low- income and minority older adults are under - represented among the current participation base. The Center has made several attempts to expand diversity over the past year through culturally diverse programming, promotion of the low- income scholarship program, and community outreach. Success has been marginal. The FY15 operational budget request includes several more aggressive approaches to increase diversity among participants including a comprehensive survey of the needs and interests of low- income and minority older adults and targeted community outreach with free or low cost programming in neighborhood locations. Your financial support of this effort is extremely important and will allow the Center to better serve low- income, minority older adults in our community without disrupting our current level of service. I hope that you will look favorably on this grant request and continue to support The Center as we work to meet the diverse needs of older adults in Johnson County. Respectfully Submitted, Linda Kopping Ph.D., Coordinator Accredited by FX= 228 South Linn Street, Iowa City, Iowa 52240 • www.icgov.org/senior National institute of g g/ senior Senior Centers Linda Kopping, Coordinator • 319 - 356 -5225 • Linda- Koppine(c-Nowa- city.org For Johnson County, Iowa: Recipient: B and Chair Date Name Date Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -115 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY FOR FUNDS TO SUPPORT THE IOWA CITY /JOHNSON COUNTY SENIOR CENTER. WHEREAS, the Iowa City/ Johnson County Senior Center provides programming to residents throughout Johnson County; WHEREAS, for FY15 the County has awarded The Center a $ 59,224 Johnson County Economic Development/ Quality of Life Block Grant for the support of programs and services; WHEREAS, Iowa City residents provide a disproportionate share of the city and county tax dollars used to support The Center's operational expenses; and WHEREAS, the City Council finds it in the public interest to enter into a grant agreement with Johnson County that will provide limited, but necessary, funding to support operational funding of The Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to two originals of the attached grant agreement. Passed and approved this 6th day of May, 2014 �ir .v ATTEST: 2—&,- e-,) 2e. 26�z_ CITY CLERK City Attorney's Office Resolution No. 14 -115 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT Johnson County Economic Development/Quality of Life Block Grant THIS AGREEMENT, made and entered into in this L day of r 1 , 2014, by and between Johnson County, Iowa ( "County"), and the City of Iowa City ( "Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following terms and practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to use funding for support of programs at the Iowa City/Johnson County Senior Center to the benefit of Johnson County residents. Details of the programs to be provided are included in the Recipient's Application for Funding for FY 15. II. FUNDING A. As its sole obligation under this Agreement, the County shall pay to Recipient the sum of $59,224 to assist Recipient in meeting its operating expenses. B. The County shall transfer the funds to Recipient in quarterly payments of $14,806. The first payment will be made on or about August 15, 2014. Subsequent payments will be made on the 15`h day of the month following the end of each calendar quarter. C. At the discretion of the Board of Supervisors, funding may be reduced in the event of budget constraints which cause the Board to enact budget reductions within County operations. Any reductions in grant awards will not exceed the percentage of reductions ordered for County operations. III. GENERAL ADMINISTRATION A. On or before the 30`" day of January, 2015, Recipient will provide to the Board of Supervisors a mid -year report in a format prescribed by the County. In addition, the recipient may be asked to provide additional documents including board minutes, financials reports and external audits. B. On or before July 30th, 2015 Recipient will provide to the Board of Supervisors a final grant report in a format prescribed by the County. In addition, the recipient may be asked to provide additional documents including board minutes, financials reports and external audits. C. Duly authorized representatives of the County shall at all reasonable times, have access to and the right to inspect, copy, audit, and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit, or survey shall disclose the name or other identifying information concerning persons using Recipient's services. D. The County's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the County, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the County, nor shall the County have authority to direct the manner or means by which Recipient conducts activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 2015, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. VI. HOLD HARMLESS PROVISION The Recipient shall indemnify, defend and hold harmless the County, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Recipient's officers, employees or agents during the performance of this Agreement. VII. CONDITIONAL STATUS The Board of Supervisors may place an agency on conditional status when one or more serious problems are identified within the agency that puts its agreement with Johnson County in jeopardy. Problems may be in service delivery, board activity, agency administration, fiscal management, cooperation with other agencies, compliance with other government finders, or compliance with the Johnson County agreement. The Board of Supervisors may request that an external financial audit be performed, at the sole expense of the agency, if no audit records are available. Following the placement of an agency on conditional status, representatives of the Board of Supervisors and/or their designee will meet with the agency director and board members to discuss the concerns /problems as identified by the Board of Supervisors. The Board of Supervisors will provide the agency with a written memo outlining the concerns /problems, specific corrective action steps, and time frames for completion. The agency will provide periodic reports and meet with the Board of Supervisors representative and/or designee during this period to ensure that satisfactory progress is being made. Funding may be withheld by Johnson County until the agency has completed or made sufficient progress on the action steps to correct the problems, as determined by the Board of Supervisors. If an agency fails to meet the requirements of the Johnson County agreement and/or the action step memo within the appropriate time frame as specified, the Board of Supervisors may cease County funding. For Johnson County, Iowa: Bard Chair Date ATTEST: V Travis Weipert, uditor Date Approved By City p Recipient: A Name X", Date Title 3 ATTEST: Marian K. Karr, City Clerk. DATE Prepared by: Rick Fosse, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5141 RESOLUTION NO. 14 -116 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE STREETS AND SOLID WASTE DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING THE CLERK/TYPIST- SOLID WASTE POSITION AND THE SENIOR CLERK/TYPIST - STREETS DIVISION AND ADDING ONE FULL -TIME SENIOR CLERK /TYPIST - STREETS AND SOLID WASTE POSITION. WHEREAS, Resolution No. 13 -72, adopted by the City Council on March 5, 2013 authorized budgeted positions in the Streets and Solid Waste Division of the Public Works Department for Fiscal Year 2014; and WHEREAS, Resolution No. 12 -151, adopted by the City Council on April 3, 2012 established a classification and compensation plan for AFSCME employees; and WHEREAS, the vacant Senior Clerk/Typist - Streets position is not being filled; and WHEREAS, the majority of the duties of the former Senior Clerk/Typist - Streets position have been absorbed by the Clerk/Typist - Solid Waste position, supplemented by a temporary part time employee. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Streets and Solid Waste Division of the Public Works Department be amended by deleting one full -time Clerk/Typist - Solid Waste position, AFSCME grade 4 and one full -time Senior Clerk/Typist - Streets Division, AFSCME grade 7, and by adding one full - time Senior Clerk/Typist - Streets and Solid Waste position, AFSCME grade 7. The AFSCME pay plan be amended by deleting the position of Clerk/Typist - Solid Waste, grade 4 and Senior Clerk/Typist - Streets Division, grade 7, and adding the position of Senior Clerk/Typist - Streets and Solid Waste, grade 7. Passed and approved this 6th day of May , 20 14 4��A MAYOR p roved - f ATTEST: �,�,✓ CITY LERK City Atto e -6fFc Resolution loo. 14 -116 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton w � ,r CITY OF IOWA CITY MEMORANDUM Date: May 6, 2014 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director ` Re: Reclassification of Clerk/Typist — Streets and Said Waste Revised - Financial Impact Introduction One of the clerk/typist positions in the Streets Division is currently vacant. Staff recommends that this opportunity be used to consider combining the duties of the two clerks, supplemented by temporary part time staff. History /Background The Streets, Traffic Engineering and Solid Waste Division was once three separate divisions. When the divisions were merged, two cieric/typist positions were retained. The Senior Clerk/Typist - Streets (pay grade 7) had a focus on streets and trams engineering operations and the Clerk/Typist — Solid Waste (pay grade 4) had a focus on solid waste, recycling and yard waste. The positions were cross trained to fill in for each other during vacations and illness and to assist each other during intense phone activity such as adverse weather events. The shifts were staggered so that there could be a full 50 hours of phone coverage per week. Discussion of Solution This resolution will combine the duties of the two positions, rename the remaining Clerk/Typist as Senior Clerk,/Typist — Streets and Solid Waste and reclassify the position to pay grade 7. This position will be supplemented by temporary part time staff to assist with day to day work and to maintain phone coverage. Financial impact The net annual savings of this change, including employment of a temporary part time employee for 1,300 hour per year, is $52,856.74. The estimate in the original version of this memo neglected to include benefits. Recommendation Staff recommends reclassification of the Clerk/Typist position. � r V 4 m' .N ®,, Date: April 25, 2014 CITY OF IOWA CITY MEMORANDUM To: Tom Markus, City Ma \ager From: Rick F osse, Public Wrector Re: Reclassification of Cleist — Streets and Solid Introduction One of the clerk /typist positions in t e Streets Divi on is currently vacant. Staff recommends that this opportunity be us d to consid combining the duties of the two clerks, supplemented by temporary part t e staff. History /Background The Streets, Traffic Engineering and Soli divisions. When the divisions were merg The Senior Clerk/Typist - Streets (pay g engineering operations and the Clerk/Typ' t solid waste, recycling and yard waste. Th, each other during vacations and illnes and activity such as adverse weather eve y s. Tt be a full 50 hours of phone coveraggrper we( Taste Division was once three separate two clerk /typist positions were retained. e 7) had a focus on streets and traffic Solid Waste (pay grade 4) had a focus on positions were cross trained to fill in for c) assist each other during intense phone shifts were staggered so that there could Discussion of Solution This resolution will combine t'h'e duties of th two positions, rename the remaining Clerk/Typist as Senior Clerk/Typist — Streets an Solid Waste and reclassify the position to pay grade 7. This position`will be supplement by temporary part time staff to assist with day to day work and to maintain phone cover ge. Financial Impact The net annual savings of this change, including a ployment of a temporary part time employee for 1,300,hour per year, is $13,442.80. Recommendation Staff recommends reclassification of the Clerk/Typist position. 4d(8) I �.!4,t C I T Y O F IOWA C I T Y 4d(9) gym- M EMO RANDUM Date: April 25th, 2014 To: Tom Markus, City Manager From: Rick Fosse, Director of Public Works Re: Consultant Services for North Plant Salvage and Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project Introduction Staff has solicited proposals from consultants to provide services for the North Plant Salvage and Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project. The consultant will provide permitting assistance, preliminary design, final design, and bidding and construction phase services for the project. History /Background After the 2008 flood rendered most of the North Wastewater Treatment Plant inoperable, causing minimally treated wastewater to flow into the Iowa River, the City of Iowa City deemed it vital to move operations from the North Wastewater Treatment Plant to the South Wastewater Treatment Plant and to demolish the North Plant. Iowa City has received funding from a variety of sources to complete the nearly $55 million project. Demolishing the North Plant and creating a park at the site are the next steps. Development in the Riverfront Crossings area will be jumpstarted once the North Plant is demolished and a park created. Discussion of Solutions The Iowa Flood Mitigation Program (IFMP) is designed to allow cities to capture 70% of future state sales tax growth to fund flood mitigation projects. The IFMP Board has allowed Iowa City to capture up to $8.5 million dollars in future state sales tax growth to pay for the demolition of the North Wastewater Treatment Plant, creation of a wetland at the North Plant site, and stream bank stabilization. Financial Impact Iowa City will need to bond to pay for the projects. The bonds, including finance charges will be retired using future state sales tax growth. Recommendation Staff recommends awarding the contract to Strand Associates, Inc. for a not -to- exceed fee of $156,100. Funds are available in the North Wastewater Demolition account. Cc: Ron Knoche, City Engineer Dave Elias, Wastewater Superintendent Jeff Davidson, Economic Development Administrator Prepared by: Ben Clark, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356- 5436 RESOLUTION NO. 14 -117 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND STRAND ASSOCIATES, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE NORTH PLANT SALVAGE AND DEMOLITION PHASE OF THE IOWA CITY WASTEWATER TREATMENT PLANT RELOCATION PROJECT. WHEREAS, the proposed project is part of a multiphase flood mitigation plan that will permanently remove structures and public facilities from the path of repetitive flooding; and WHERAS, The State of Iowa Flood Mitigation Board has approved the use of up to $8.5M of sales tax increment revenues under Iowa Code chapter 418 for these projects; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the North Plant Salvage and Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project; and WHERAS, Consultant services were solicited through a Request for Proposal (RFP) that was distributed to eight consulting firms and advertised in the local newspaper; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Strand Associates, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Strand Associates, Inc. for a not -to- exceed fee of $156,100. WHEREAS, funds for this project are available in the North Wastewater Plant Demolition account #V3142. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 6th day of May 120 14 MAYOR Ap ved by ATTEST: �v CITY C' - RK Ci y Attorney's Office Y z-v-lfq Resolution loo. 14- Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6th day of May 2014 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inc., of Madison, Wisconsin, hereinafter referred to as the Consultant. WHEREAS, Consultant will provide Permitting Assistance, Preliminary Design, Final Design, Bidding and Construction Services for the North Plant Salvage and Demolition Phase of the Iowa City Wastewater Treatment Plant Relocation Project; and WHEREAS, the proposed project is part of a multiphase flood mitigation project that will permanently remove structures and public facilities from the path of repetitive flooding; and WHERAS, Consultant services were solicited through a Request for Proposal (RFP) that was distributed to eight consulting firms and advertised in the local newspaper; and WHEREAS, Proposals were received from four consulting firms and evaluated by a Selection Committee. The Committee invited two firms for presentations /interviews and ultimately the selected Strand Associates based on qualifications and project specific criteria such as project approach, regulatory process experience, key personnel, schedule and price. WHERAS, The State of Iowa Flood Mitigation Program has approved the use of sales tax increment revenues under Iowa Code chapter 418 for this project. A preliminary estimate for the North Plant Salvage and Demolition Phase is $4.4M to $13.1M, depending on the level of demolition. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Preliminary and General Services Participate in one kickoff meeting with the City to review the project scope, schedule, communication plan, and to discuss additional key elements. 2. Collect maps, drawings, specifications, reports, record documents and other pertinent information about the North Wastewater Treatment Plant (WWTP) from City. 3. Conduct a topographic survey of the North WWTP site. 4. Perform limited Phase I Environmental Site Assessment (ESA) of the North WWTP site. Scope of Phase 11 ESA will depend on the findings in Phase I ESA and also on past -2- environmental reports conducted at the site and the results of the City's current environmental investigation at the North WWTP site. 5. Review and update the Environmental Review Record /Environmental Assessment that was prepared for the Wastewater Treatment Facilities Consolidation Project. 6. Identify and provide assistance in acquiring all permits necessary for the proposed work. 7. Assess potential for relocation of the existing Fire Department Training Building. 8. Prepare preliminary opinion of probable construction cost for project and submit to City. Desiqn Services 1. Conduct meetings with the City during the preliminary design stage and also at 60 percent and 90 percent completion. 2. Prepare technical specifications and drawings for the demolition of the North WWTP including a preliminary grading plan for the future wetlands feature. 3. Technical specifications and drawings will define sustainable demolition practices. 4. Technical specification will include specific instructions for the removal and relocation of the on -site generator and any other equipment the City would like to retain. 5. Prepare Bidding Documents and submit to City for review and input. 6. Prepare prebid opinion of probable construction cost for project and submit to City. 7. Address the City's meeting comments and incorporate into the design documents as appropriate. Provide the City with up to six hard copies of the final stamped drawings and specifications for its use. Biddina and Construction - Related Services 1. Distribute bidding documents electronically to prospective bidders, suppliers, and plan rooms through QuestCDN, available at www.strand.com and www.questcdn.com. 2 sets of hard copies of the drawings and specifications will be provided. 2. Send an informal Advertisement to Bid, as requested by the City, to prospective bidders and suppliers. The City shall publish the legal Notice of Hearing and Letting for the project in a local newspaper. 3. Maintain a record of the parties to whom bidding documents have been issued. 4. Assist City in answering questions during bidding and preparing addenda. 5. City shall attend bid opening and transmit bid results to Consultant. Tabulate and analyze bid results and transmit a letter indicating the lowest responsive, responsible -3- bidder to the City for acceptance. Prepare four sets of the Contract Documents for signature and assist the City and contractor in executing the contracts. 8. Review select shop drawings and change orders as necessary. 9. City is performing resident project representative services to observe ongoing demolition for this project. Consultant will make up to three site visits to observe construction. In furnishing observation services, Consultant's efforts will be directed toward determining for the City that the completed project will, in general, conform to the Contract Documents; but Consultant will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. 10. City will prepare a list of items to be completed or corrected and send it to the contractor. The contractor shall notify the City when it has addressed the list; the City, in turn, will notify the Consultant. 11. Review contractor - prepared record drawings and provide comments to the City, if necessary. The Consultant is providing review Services only for record drawings presented to the Consultant by the contractor. The Consultant will not be liable for the accuracy of the record drawing information provided by the contractor. The project specifications require that the contractor provide reproducible hard -copy drawings and electronic AutoCAD files on compact disc. Service Elements Not Included The Consultant is not responsible for the completion of permit applications but will identify and provide assistance to the City in acquiring all permits necessary for the proposed work. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Services will begin upon execution of the Agreement. Services shall be complete by June 1, 2015, unless otherwise agreed to in writing by the parties hereto. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -4- 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any applicable state, federal, or local law or any of the applicable ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the services set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. -5- K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES The City shall compensate the Consultant for Services a not -to- exceed fee of $156,100 based upon the hourly rate schedule attached hereto and incorporated herein The fee will not be exceeded without prior notice to and written agreement by the City. Any adjustment will be negotiated based on the Consultant's increase in cost caused by delays, extensions, amendments or changes. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: /��u✓iC� /\ Title: Mayor Date: 05/06/2014 FOR THE CONSULTANT : -< Title: Date: S �/� [iii WE ATTEST: LLmeee, � Approved by: / City As Office Date STRAND ASSOCIATES, INC. Billing Rates Staff Category Billing Rates Principal Engineer $407.00 Senior Project Manager $209.00 Project Manager $176.00 Project Engineer /Scientist $140.00 Engineering Technician $126.00 Office Production /Secretarial $80.00 C:\ Users \bclark\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3WU1 P25N \Billing Rates.docx 4d 10 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 14 -118 RESOLUTION ACCEPTING THE WORK FOR THE SOUTH HICKORY HILL SAFE ROOM PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the South Hickory Hill Safe Room Project, as included in a contract between the City of Iowa City and City Construction Group LC of Iowa City, Iowa, dated February 19, 2013, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Hickory Hill Park Restroom Project account # 4136; and, WHEREAS, the final contract price is $ 259,324.70 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of May , 20 . MAYOR Approved by ATTEST:°' CITY ERK Clty Attorney's Office It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens g Dobyns x Hayek x Mims g Payne x Throgmorton SAENG\ARCHITECTURE FILE \Projects \South Hickory Hill Safe Room Project \Close out documents \South Hickory Hill Safe Room Project- accepting project.doc 4/14 ENGINEER'S REPORT April 21, 2014 City Clerk Iowa City, Iowa Re: South Hickory Hill Safe Room Project Dear City Clerk: r 1 + moms l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I hereby certify that the construction of South Hickory Hill Safe Room Project has been completed by City Construction Group LC of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Neumann Monson Architects. The project was bid as a lump sum contract and the final contract price is $ 259,324.70 There were change or extra work orders for the project as described below by project area: 1. Submittal Exchange $1,736.00 Credit 2. Door Hardware Change $1,435.00 Credit 3. 40' of HMA Trail $2,047.00 Add 4. Replace existing meter socket $376.00 Add 5. Anti - graffiti Coating $575.00 Add TOTAL Additional Costs to Original Contract $ 539.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/masters/engineers letter south hickory hill saferoom project- accepting 05 06 2014.doc 4d(11) Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5413 RESOLUTION NO. 14 -119 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PUBLIC WORKS FUEL FACILITY PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Public Works Fuel Facility Project, as included in a contract between the City of Iowa City and Selzer Werderitsch Associates of Iowa City, Iowa, dated December 18, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Public Works Fuel Facility, account # 3958; and WHEREAS, the final contract price is $725,077.15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of May , 20_L4__. MAYOR �A Approved by ATTEST: _yit,ya-uJ A 71�� & CITY ttERK City Attorney's Office y ziy It was moved by Mims adopted, and upon roll call there were: AYES: x x x x x x x Pweng /masters /acptwork.doc 4/14 and seconded by Dobyns the Resolution be NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton ENGINEER'S REPORT April 25, 2014 City Clerk City of Iowa City, Iowa Re: Iowa City Public Works Fuel Facility Project Dear City Clerk: I r 1 ®�•� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I hereby certify that the construction of the Iowa City Public Works Fuel Facility Project has been completed by Selzer Werderitisch of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Kueny Architects of Pleasant Prairie, WI. The project was bid as a lump sum contract and the final contract price is $722,391.00 which included award of two alternates totaling $80,750.00. There was one change order for the project as described below: 1. Pour Transformer pad near future Animal Shelter $ 2,686.15 Maintenance TOTAL $ 2,686.15 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer CITY OF IOWA CITY 4d(i2) MEMORANDUM - DATE: April 21, 2014 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director Pr re: Alternative Solid Waste Disposal Proposal RFP Consultant Agreement May 6, 2014 Introduction: The City of Iowa City has hired Gershman, Brickner and Bratton (GBB) Consultants to assist with the development of a request for proposal (RFP) for alternative solid waste disposal technologies and evaluation of subsequent submittals. History/Background: In May of 2013, staff executed a unit price contract with GBB for $43,280 for services that included assisting to draft the RFP, conducting the pre - proposal meeting, assistance in evaluating the proposals and participating in the proposer interview. The work do date has used up the existing contract and additional services are necessary as we continue in the process. The additional services will bring the total work with GBB on this project to more than $50,000 which will now requires City Council approval, per the City's procurement policy. Discussion of Solution: The additional services with GBB are defined in a new contract for anticipated remaining services that will be on the May 6th City Council agenda. This is a unit price contract with a not to exceed amount of $20,000. Financial Impact: The upper limit for this consulting service is $20,000 and combined with the previous contracted amount can total $63,280. Funding will be provided by landfill revenues. Recommendation: Staff recommends approval of the contract with GBB Consultants. cc: Ron Knoche, City Engineer Daniel Scott, Project Engineer Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5144 RESOLUTION NO. 14 -120 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND GERSHMAN, BRICKNER & BRATTON, INC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ALTERNATIVE SOLID WASTE DISPOSAL PROPOSAL EVALUATION. WHEREAS, the City operates a regional landfill that receives approximately 400 tons per day of solid waste; and WHEREAS, the City has a long- established goal of reducing the volume of material that is landfilled; and WHEREAS, the City is considering the participation in a public - private partnership to achieve more recycling and use most of the remaining City's solid waste as a feedstock for a potential privately financed and privately operated renewable energy system; and WHEREAS, the City desired the services of a consultant to assist with the preparation of a request for proposals for such services, and to assist with the evaluation of any proposals received; and WHEREAS, on May 10, 2013, the City and GBB entered into a consultant agreement for such services; and WHEREAS, GBB helped prepare the RFP, conducted the Pre - proposal meeting, assisted in evaluating the proposals based on the criteria establish in the RFP, participated in the Proposer interview, and has met with City staff on several occasions either in- person or via conference call; and WHEREAS, negotiations with the selected proposer, Fiberight, remain on -going and the City desires further assistance from GBB in this process. WHEREAS, it is in the public interest to enter into said Consultant Agreement with Gershman, Brickner & Bratton, Inc; and WHEREAS, funds for this project are available in the landfill account # 75750110. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. Resolution No. 14 -120 Page 2 Passed and approved this 6th day of May 120 14 ATTEST: U- 4,,) 5Rl-'� CITY C ERK It was moved by Mims adopted, and upon roll call there were: AYES: x x x x x x x MAYOR Ap roved by City Attorney's Office and seconded by Dobyns the Resolution be NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ day of May, 2014, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Gershman, Brickner & Bratton, Inc. of Fairfax Virginia, hereinafter referred to as GBB or the Consultant. Whereas, the City operates a regional landfill that receives approximately 400 tons per day of solid waste; and Whereas, the City has a long - established goal of reducing the volume of material that is landfilled; and Whereas, the City is considering the participation in a public - private partnership to achieve more recycling and use most of the remaining City's solid waste as a feedstock for a potential privately financed and privately operated renewable energy system; and Whereas, the City desired the services of a consultant to assist with the preparation of a request for proposals for such services, and to assist with the evaluation of any proposals received; ; and Whereas, on May 10, 2013, the City and GBB entered into a consultant agreement for such services; and Whereas, GBB helped prepare the RFP, conducted the Pre - proposal meeting, assisted in evaluating the proposals based on the criteria establish in the RFP, participated in the Proposer interview, and has met with City staff on several occasions either in- person or via conference call; and Whereas, negotiations with the selected proposer, Fiberight, remain on -going and the City desires further assistance from GBB in this process. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide the additional project - related services as set forth herein. I. SCOPE OF SERVICES The Consultant agrees to perform the following services (tasks) for the City, and to do so in a timely and satisfactory manner. 1 F °"1 Assist the City in refining the Project parameters and evaluating the benefits of the Project to the City. Attend meetings with Fiberight, at the City's request, and provide feedback to the City following any such meetings. Assist the City in contract negotiations with Fiberight, which may include contract drafting, reviewing, and revising. It is anticipated that this assistance will be provided until an agreement is executed between the City and Fiberight, unless the City determines, in its sole discretion, to end said negotiations. II. TIME OF COMPLETION GBB will work closely with City staff to timely and professionally conduct the assignment efficiently upon request by the City. Ill. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable 2 ��- z request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the. City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. J. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. K. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. L. Upon signing this Agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. M. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the 3 k?"-3 Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Consultant shall perform the Scope of Services for a not -to- exceed fee of $20,000. The labor rate charges for completing the Consultant scope -of -work will be in accordance with the hourly rates shown in the attached rate schedule (see Attachment A). In addition to the labor- related expenses, all project - related expenses, including out -of- pocket travel expenses for travel to meetings at the City's request will be billed as shown in the attached rate schedule (see Attachment A). V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the consulting profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: � _-A Title: Mayor Date: 05/06/2014 ATTEST: FOR THE CONSULTANT By: Title: Date: A�I Z V 12 0 i Approved By: City Attorney's Office 6-1�-z e� //C/- Date 4 ��Q I� H�d 2014 GERSHMAN, BRICKNER & BRATTON, INC. COMPENSATION RATE AND FEE SCHEDULE (1, 2, 3, 4) POSITION President Executive Vice President Sr. Vice President Special Principal Associate Vice President Principal Associate Engineer Principal Associate Sr. Project Manager /Sr. Project Engineer /Sr. Associate Engineer Project Manager /Sr. Associate Project Engineer /Sr. Consultant /Support Director Consultant II /Engineer II /Contract Administrator Consultant I /Engineer I Administrative Support Clerical /Support Staff /Research Assistant /Graphics Coordinator EXPENSES (3) Personal Car /Company Car Local Travel Expenses (tolls, parking) Room and Board Airfare Car Rental Duplicating (black and white) Duplicating (color) Long Distance Telephone Graphics and Art Messenger and Delivery Service Subcontractors Facsimile Communications Outbound ($ PER HOUR) 248.50 222.50 207.00 191.50 176.00 160.50 150.00 145.00 124.00 114.00 93.50 72.50 55.50 40.50 CHARGE Current IRS Rates per mile (4) (or $84.00 /day + fuel, whichever is less) As Incurred As Incurred Coach Class, Discount Fares When Available Discount Rate $.15 per Copy $.25 per Copy As Incurred As Incurred As Incurred As Incurred $0.50 per page (i) Effective January 1, 2014 through December 31, 2014. Subject to January 1st annual increase based on CPI. (Z) For payments not received within 30 days of invoicing date, interest charge of 1.00 % per month will be applied. (3) A Fee of 10 percent applied to expenses, including subcontractors. (4) Subject to adjustment per IRS guidelines (or $84.00 /day + fuel- whichever is less). 05-06-14 4d(13) Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -121 RESOLUTION AUTHORIZING THE PROCUREMENT OF TRAINING FOR ESRI SOFTWARE. WHEREAS, on March 3, 2014 the City purchased a suite of GIS software from the dominant provider in the GIS field, Environmental Systems Research Institute (ESRI); and WHEREAS, the purchase price of the software suite was $150,000, and so was approved by the City Manager, as it was within his spending authority; and WHEREAS, the Information Technology Services division wishes to procure training from ESRI on the best use of the ESRI software, at a cost of $11,600; and WHEREAS, the procurement of this training will bring the total project cost over $150,000, thereby requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 84310320 - 475010 (Central Purchasing); and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the procurement of the GIS software and training. Passed and approved this 6th day of May 2014 MAYOR ATTEST: �� A"'. 7IIZ CITY CLERK Approved by , r City Attorney's Office Resolution Igo. 14 -121 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton ^fir CITY OF IOWA CITY 4d(14) � A f� MEMORANDUM Date: April 29, 2014 To: Tom Markus, City Manager From: Brenda Nations, Sustainability Coordinator Re: Iowa City awarded Urban Sustainability Directors Network Innovation Opportunity Fund grant for Climate Adaptation Introduction: In collaboration with the Heartland Network, Iowa City was awarded a grant from the Urban Sustainability Directors Network (USDN). Iowa City will act as the lead city for the Heartland Network grant; therefore a signature and acceptance of the terms of the grant are needed. Once the USDN has received the signed document, a check will be issued to the City of Iowa City and dispersal of funds will be managed as designated in the grant proposal during the one year period starting from the date of signature. Background: Iowa City is a part of the Heartland Network, a regional group of the national organization of the Urban Sustainability Directors Network. This network consists of sustainability coordinators in the U.S. Environmental Protection Agency's Region 7 (Midwest region). Partners in this project include Dubuque and Des Moines, IA, Johnson Co, IA, Kansas City, MO, Lincoln, NE, Lawrence, KS, Columbia, MO, and Oklahoma City, OK. State climate experts in each of the five states represented are collaborating with the Heartland Network to create a report of a regional assessment to identify future weather scenarios and likely areas of impact on local government operations. Benefits: This proposal is one of four funded climate adaption grants funded by the Urban Sustainability Directors Network through the Global Philanthropy Partnership. The Heartland Network's work will serve as an example for other cities in the national Urban Sustainability Directors network interested in climate adaptation planning, but will be specifically focused on climate issues that we deal with in the Midwest. Collaboration with the other cities will help generate a collection of specific concerns which municipalities may face during extreme weather events. Each city is responsible for gathering information among Public Works, Planning and other city staff to have a broad understanding of infrastructure and other factors which may affect City operation during these events. Financial Impact: The City of Iowa City will receive a grant for $33,200, which will be distributed to the lead climate scientist at Iowa State University to create a report along with other Midwestern climatologists. Funds will also cover meeting costs and travel for sustainability coordinators and climate scientists to meet face to face in Iowa City for a fall workshop. Recommendation: It is recommended that the City of Iowa City accepts the grant from the Urban Sustainability Directors Network in order to work with regional climate experts and other municipalities in the Midwest to understand how climate projections might affect municipalities. Iowa City staff and elected officials will have the opportunity to gain knowledge to become better prepared in making decisions involving policies and actions needed for climate adaptation. Prepared by: Brenda Nations, Sustainability Coordinator, 4366 Napoleon St. SE, Iowa City, IA 52240 (319) 887 -6161 RESOLUTION NO. 14 -122 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND ACCEPT A GRANT FROM THE URBAN SUSTAINABILITY DIRECTORS NETWORK FOR CLIMATE ADAPTATION PLANNING WHEREAS, a growing number of U.S. cities are pursuing climate adaptation planning; and WHEREAS, the Midwest is experiencing extreme weather events such as flooding, drought, temperature extremes, and increased strong winds, which affect infrastructure and communities; and WHEREAS, the City of Iowa City has worked in collaboration with other Midwest cities which are included in the Heartland Network of the Urban Sustainability Directors (USDN) network including Columbia, MO, Lawrence, KS, Lincoln, NE, Oklahoma City, OK, Dubuque, IA, Kansas City, MO and Des Moines, IA and others to work in collaboration on climate preparedness; and WHEREAS, the City of Iowa City along with the Heartland Network applied for and was awarded a total of $33,200 from the Urban Sustainability Directors Network (USDN) to work with sustainability directors and climatologists in our respective states and gather information to inform actions that can be implemented in to enhance climate preparedness and adaptation; and WHEREAS, the City of Iowa City seeks to be the primary contact and fiscal agent on behalf of the Heartland Network for this grant; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,, IOWA: The City Manager is authorized to sign and accept the USDN grant and to sign any amendments thereto and the City Manager or designee is authorized to manage the grant on behalf of the City. Passed and approved this 6 day of May 2014. Mayor --� ATTEST: yf�.�li CITY CLERK roved b City Attorney's Office Resolution Igo. 14 -122 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton USDN Tracking Number. BC06 HearUandAdapt Amount $33,200 Timeframe. 12 months from sign date USDNdirectors network x A Project of Global Philanthropy Partnership April 11, 2014 Brenda Nations Iowa City, Iowa (319) 887 -6161 brenda- nations @iowa - city.org Dear Brenda: Global Philanthropy Partnership is pleased to proceed with a USDN Innovation Opportunity Fund grant for $33,200 to enable USDN members Columbia, MO; Iowa City, IA; Kansas City, MO; Lawrence, KS; Lincoln, NE; Oklahoma City, OK; Dubuque, IA; Des Moines, IAO to work with Branson, MO and Johnson County, IA to identify specific areas of public policy decisions and actions where our local governments should incorporate, anticipated climate impacts. In addition to improving the data our cities work with, the majority of network members are also located within states where "climate change" and "climate adaptation planning" are not fully supported subjects of discussion. The network's proposal involves collaboration among Heartland members, regional climate experts, and additional staff from Heartland cities and counties for planning our future. The products and relationships formed will lend credibility to the discussion as we move forward. To meet the grant objectives, the City of Iowa City, IA as the lead city, guided by the project's USDN oversight committee, will supply project reports and deliverables. Key deliverables of the project include: • A report of a regional assessment prepared by our climate experts (localized to whatever level is credible) for Heartland communities that identify future weather scenarios and likely areas of impact upon local government operations, written in language that is appropriate to inform elected officials, local government staff, and the general public. o The idea is not to produce new climate impact data, but to use regional climate experts to assimilate existing data /info & help us identify regional /local scale weather scenarios that Heartland communities can, USDN Tracking Number. EC06 Heartland Adapt Amount: $33,200 Timeframe. 12 months from sign date and should be, using in planning our future activities. • A workshop that would convene regional climate experts, Heartland members, and staff from Heartland communities that are involved in activities most likely to be affected by impacts of climate change (public works, water and storm water management, public health, emergency management, and others) to discuss how to incorporate future weather scenarios into planning and execution of actions by Heartland communities. o Based upon the report, the Heartland communities intend to use the Fall 2014 workshop as a first effort to identify opportunities for collaboration among sub- groups of Heartland members who share common risks /vulnerabilities. The strategy is to use the report from the climate experts & the workshop to identify & drive specific collaborative actions that will be taken by Heartland members. • Additional products or outcomes may include; .o Short papers assessing extreme weather events that have happened in the region Mwith the impacts on the city detailed. These could serve as communication tools for Othe public. • Overview 1 -2 page fact sheet on "climate projections" and glossary of common climate terminology (this is currently being developed for the network). • Detailed meeting notes and "lessons learned" as project evolves so that other regions may benefit from our experience. • An assessment tool for identifying additional vulnerabilities. Potentially similar to the Water Adaptation Checklist and the ICF's sensitivity matrix for infrastructure. • Each state climatology office creates publications targeted to local public administrators. For instance, a KSU Climatology Department publication on climate change impacts on local government and public infrastructure. Targeted audience: Public administrators throughout the heartland. This product could come out of the workshop and be shared with all Heartland participating states. • Strengthened relationships with our regional climate researchers. The impacts possible for this relationship could be expert resources for staff and testimonials at public (City Council meetings, Interested Parties meetings, etc.) events related to changes in the process of infrastructure and land use planning. • A partnership between the Heartland network and EPA Region 7 officials who are currently developing a regional climate action plan. EPA R7 has solicited input re: how they could work with Heartland members to support our efforts for climate adaptation /resilience. A couple of suggestions we have made to them are: ■ Serve as a convener of various federal agencies /departments (FEMA, US Army Corps of Engineers, NOAA, USGS, DOE, HUD, USDN Tracking Number: BC06 Heartiand Adapt Amount: $33,200 Timeframe. 12 months from sign date DOT, etc) to identify & compile various sources of info & data that are relevant to climate change impacts upon municipal operations & provide a single portal to help us access such info more easily. ■ Assist us in follow -up to our USDN /Summit grant- funded project with our state climatologists /university climate researchers, by co- sponsoring a regional climate adaptation /resiliency workshop in 2015 in concert with other federal agencies /departments to convene staff (and elected officials) from various departments of Heartland communities & other local governments in Region 7 & Oklahoma to develop common areas of resiliency /climate adaptation planning that can be addressed & collaborative efforts among regional local governments to work on specific responses to issues such as public health, water & storm water management, emergency management, & other areas identified by the climate experts in our region. The City of Iowa City, IA, as lead grantee, has agreed to meet five reporting requirements: 1. If asked, present a progress report at the next USDN annual meeting and /or on a monthly USDN Idea Sharing Call. 2. At the end of the grant period (but no longer than one year from the date of signing of the grant letter) submit the deliverables above and a final report that describes outcomes, impact on all team members, other impacts, follow on work planned, funds leveraged, and lessons learned (See Attachment I for Grant Final Report Form). 3. At the end of the grant period (one year from signing of grant letter), submit a detailed record of expenditures of grant funds including a comparison of budget to actual expenditures. 4. Organize the grant team to participate in an annual debriefing call with Innovation Fund Managers to understand what has worked, what can be improved, and what insights the project can tell us about opportunities for larger scale systems change leverage points. 5. In addition, when USDN conducts an assessment of the Innovation Fund, grantees will debrief with the assessment team. Additional grant terms: • The grant funds cannot be used for lobbying. • The grant funds must be expended per the proposed budget. • The project must be a collaboration with the cities described in the first paragraph. USDN Tracking Number. DC06 Heartland Adapt Amount: $33,200 Timeframe. 12 months from sign date • The grant products described above will be delivered by twelve months of the signing of the grant agreement. • The City of Iowa City, IA will provide project management and coordination. • Brenda Nations will be the primary contact. Please sign this letter indicating that you agree with the terms. Once the Global Philanthropy Partnership receives your signed letter with description of how the check should be issued, we will disburse the grant funds to the City of Iowa City, IA. Sincerely, 4 p it K. Donn n xecutive Director, Global Philanthropy Partnership CC: Nils Moe, USDN Managing Director USDN Tracking Number. BC06 Heartland Adapt Amount: $33,200 Timeframe. 12 months from sign date Acceptance of Grant Terms The City of Iowa City, IA accepts the grant conditions of this letter. Name: Thomas Markus -- Instructions for Check Issuance: Tax ID Number: Project lead: Brenda Nations Iowa City, Iowa (319) 887 -6161 Brenda- nations @iowa - city.org Project Manager Contact Information (if different from Project lead): USDN Tracking Number. BC06 Heartland Adapt Amount: $33,200 Timeframe. 12 months from sign date Attachment 1 USDN Innovation Fund Final Grant Reporting form 1. Outcomes: Did the project achieve its intended results? Why or why not? 2. Impact on Grant Leader: What has changed in your city or your work in some way as a result of the grant? 3. Impact on Other Grant Team Members: What has changed in the cities or organizations of other grant participants in some way as a result of the grant? 4. Follow on Work: What additional work is happening as a follow on to the grant and who is doing this work? 5. Funds Leveraged: Have additional funds been raised for this work? (Our funders want to know if the grant leveraged any other funds.) 6. Other: What other grant impacts are you aware of on USDN members, partner organizations, or anyone else? 7. Lessons Learned: What are 2 -3 key lessons learned from this project for how to advance practice on the grant topic or how to improve the Innovation Fund? Please also submit with your report: • A detailed record of expenditures of grant funds + All products of the grant (final reports, guide books, PPTs, description of programs or policies launched, etc.) Please return this form to Nils Moe at nilsmoe @usdn.org, and copy Mia Arter at miaarter @usdn.org 4e(1) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -123 RESOLUTION SETTING PUBLIC HEARING FOR MAY 20, 2014, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 324 NORTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 324 North Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 324 North Lucas Street for the principal sum of $152,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 324 North Lucas Street, Iowa City, Iowa, also known as the South half of Lot 4 in Block 7, Iowa City, Iowa, for the sum of $165,000, plus the "carrying costs ". 2. A public hearing on said proposal should be and is hereby set for May 20, 2014, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 14 -123 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x A. x x x Passed and approved this 6th Approved by City Attorney's Office 10-A-WiNTIN Botchway Dickens Dobyns Hayek Mims Payne Throgmorton day of May 2014. MAYOR ATTEST: lr�� CITY LERK Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -124 RESOLUTION SETTING A PUBLIC HEARING FOR MAY 20, 2014 TO CONSIDER A PROPOSAL TO CONVEY 1821 B STREET. WHEREAS, staff has negotiated a purchase agreement with Logsden Properties, LLC to sell 1821 B Street for $215,500 contingent on City Council approval; WHEREAS, in 2002, the City constructed a universally designed house at 1821 B Street and sold it to two persons with physical disabilities; WHEREAS, in 2013, one of the owners was no longer able to live independently, and the City purchased it back; WHEREAS, the City has completed repairs and upgrades since acquiring it; WHEREAS, the tentative buyer intends to lease to persons with disabilities; and WHEREAS, Council should hold a public hearing on the proposed conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to approve the purchase agreement between the City of Iowa City and Logsden Properties, LLC for the above - referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for May 20, 2014 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 6th day of May '2014. ATTEST: R• CITY CLERK Approved . City Attorney's Office 4e(4) 4- 3n-1�- Resolution No. 14 -124 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AXES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 05-06-14 7 At CITY OF IOWA CITY 1AW—Mimma n ON 00L MEMORANDUM "MMM DATE: April 30, 2014 TO: Tom Markus, City Manager FROM: Kirk Lehmann, Neighborhood Services Intern Steve Long, Neighborhood Services Coordinator RE: May 6th City Council meeting agenda item: sale of UniverCity Neighborhood Partnership home Introduction On May 6th, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 1116 E. Burlington St. as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, the program will have 36 completed homes. 1116 E. Burlington Street Under the UniverCity Neighborhood Partnership, the City proposes to sell 1116 E. Burlington St. for $189,000 plus carrying costs of approximately $20,250. "Carrying costs" are all the costs incurred by the City to acquire, maintain and sell the home, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, and real estate taxes. The carrying costs were higher than average due to the buyer's request for additional renovations. City funds were used to rehabilitate and sell the home as a single - family owner occupied home to an income - eligible buyer. Renovations included electrical work, plumbing, repaired ceilings and walls, new light fixtures, a new high efficiency furnace, a new doorway from the dining room to the kitchen, updated bathrooms, refinished wood floors, and the installation of brand new appliances, cabinets and counters. The cost of renovations is not included in the sale price and forgiven once the homeowner has lived there for five years. The home must also be owner - occupied for 20 years. This turn -of- the - century home has 1,689 square feet of finished living space, including four bedrooms and one - and -a -half bathrooms. The buyer will receive down payment assistance in the amount of $7,000. Statement of Fiscal Impact The assessed value of 1116 E. Burlington St. at the time of purchase was $181,960 and the sale price is approximately $209,250. There will be no impact on the General Fund for ongoing operating expenses. Recommendation This home is located on a street where there are many rentals and after the renovation it has become an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 1116 E. Burlington St. as part of the UniverCity Neighborhood Partnership program. April 30, 2014 Page 2 1116 E. Burlington St. — before renovations 1116 E. Burlington St. — during renovations Prepared by: Susan Dulek, Assistant City OLUTION NO. Washington St., Iowa City, IA % ( C-) -C i✓' !CM 33% 356 - C% RESOLUTION APTHORIZING CONVEYANCE OF A SI GLE FA MI HOI! LOCATED AT 1116 EAST BURLINGTON STREET. WHEREAS, the Univer ity Neighborhood Partnership Progra is a joint effort between the University of Iowa and th City to encourage home ownership nd reinvestment in designated neighborhoods surroundin the University of Iowa; and WHEREAS, the City purcha s rental units located in design ted neighborhoods surrounding the University of Iowa, rehabilit tes them, and then sells them o income - eligible buyers; and WHEREAS, the City purchased d rehabilitated a single family home located at 1116 East Burlington Street, Iowa City; and \ WHEREAS, the City has received an offer to purcha a 1116 East Burlington Street for the principal sum of $189,000 (the amount he City paid o acquire the home), plus the "carrying costs" of approximately $ , which re all cost incurred by the City to acquire the home, maintain it and sell it, including abstracting r the home, mowing and snow removal, utiliti $50,000 to repair and rehabilitate the home; a WHEREAS, this sale would provide afford University of Iowa; and rding fees, interest on the loan to purchase I estate taxes, and any costs in excess of ng in a designated area surrounding the WHEREAS, on April 15, 2014, the City C uncil adop d a Resolution proposing to convey its interest in 1116 East Burlington Street, thorizing pu 'c notice of the proposed conveyance, and setting the date and time for the pu is hearing; and WHEREAS, following the public hear' g on the proposed nveyance, the City Council finds that the conveyance is in the public i Brest. NOW, THEREFORE, BE IT RE S LVED BY THE CITY COUN IL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of t City Attorney, the Mayor and the Cit Clerk are authorized to execute a warranty ed conveying the City's interest in 1116 st Burlington Street, legally described as art of Lot 24, J. & J.W. Clark's Addition, Iowa CiN Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. I Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -12 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1116 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1116 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1116 East Burlington Street for the principal sum of $189,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $12,100 (some of which is for upgrades at the buyers' request), which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on April 15, 2014, the City Council adopted a Resolution proposing to convey its interest in 1116 East Burlington Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1116 East Burlington Street, legally described as part of Lot 24, J. & J.W. Clark's Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 14 -125 Page 2 It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Dickens the Resolution be Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this 6th day of May , 2014. MAYOR ATTEST: % / CITY tLERK Approved by City Attorney's Office �.• n,�■.r44 CITY OF IOWA CITY MEMORANDUM Date: April 23, 2014 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Transit Funding Application Introduction: At the May 6, 2014 City Council meeting, consideration will be given to a resolution authorizing the filing of an application with Iowa DOT for FY2015 state transit assistance and FTA funding. History /background: This is an annual application filed with Iowa DOT listing capital and operating expenses that we wish to see funded by [DOT and FTA. The projects contained in the application have been programmed by Iowa City Transit for Federal Transit Administration (FTA) Section 5307, 5310 and /or 5339 funds in FY2015. The projects will be included in the FY2015 Iowa DOT Consolidated Transit Funding Application that MPOJC is completing and in the FY2015 -2018 MPOJC Transportation Improvement Program (TIP). Iowa City Transit may not seek funding for all of the projects; however, each project needs to be listed in order to be eligible for funding. Discussion of Solution: Following is a summary of the funds being applied for: State Transit Assistance Program: approximately $428,200 — These are formula funds awarded to the MPO and then distributed between Iowa City Transit, Coralville Transit and the University of Iowa — Cambus. Federal operating assistance for transit: $1,400,381 — These are funds awarded from FTA to provide operational assistance to the transit agency. From federal funds for transit in non - urbanized areas and /or for transit serving primarily elderly persons and person with disabilities: $120,523 — These funds are awarded to Iowa City and committed to para- transit services that are contracted through a 28E Agreement with Johnson County SEATS State -wide federal capital assistance for transit: $17,590,950 — These funds include all of the capital projects that Iowa City Transit wishes to see funded. This sum includes replacement and relocation of the transit facility and the replacement of several buses. A local match of 15% - 20% is commonly required for the award of these funds. Financial Impact: The most substantial financial impact will result from the local match required of the capital projects, especially considering the magnitude of the transit facility replacement and relocation project. This project is estimated at $20 million with an estimated local match of $4 million. The Transportation Services Department has a reserve account, currently just over $3 million, to pay for the local match on the remaining capital projects. Recommendation: Staff recommends passing of the resolution in order to allow the consolidated application to be filed with the Iowa Department of Transportation. s C� Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5235 RESOLUTION NO. 14 -126 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2015 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: We, hereby, authorize the City Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 3.771318% (approximately $428,200) of Formula Funds From federal operating assistance for transit: $1,400,381; From federal funds for transit in non - urbanized areas and /or for transit serving primarily elderly persons and person with disabilities: $120,523; From state -wide federal capital assistance for transit: $17,590,950; We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non - federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request the State Transit Assistance formula funding be advanced monthly as allowed by law, to improve transit system cash flow. Passed and approved this 6th day of May 20 14 r�`CCu -S�.e MAYOR Resolution No. 14 -126 Page 2 ATTEST: y� )S - _ 4w CITY ERK Apred by City Attorney's Office It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway II x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton � r -3,-k N. 2 CITY OF IOWA CITY MEMORANDUM Date: April 29, 2014 To: Tom Markus, City Manager From: Dennis Bockenstedt, Director of Finance Re: Budget Amendment #2 for Fiscal Year 2014 --a5-a6-14- 9 Introduction The Finance Department requests the City Council conduct a public hearing for consideration of amending the Fiscal Year 2014 budget. This amendment will be the second amendment for the Fiscal Year 2014. Attached to this memorandum are the City Budget Amendment and Certificate Resolution and a detailed listing of the proposed revenue and expenditure amendments. History /Background The State of Iowa allows cities to amend their annual budget for supplemental appropriation authority. This may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement program changes. Increased expenditures must utilize available fund balance or additional revenue sources as the State of Iowa does not allow amendments to increase property taxes. The proposed budget amendment was compiled using various ways of gathering the proposed changes. Some budget amendments were submitted to the Finance Department and the City Manager's office during the budget process to help derive the revised 2014 budget for the budget book. In addition, budget amendments were derived from the changes approved to the 2014 capital improvement program. Other budget amendments were also derived from additional grant activities and opportunities. These individual budget amendments are then compiled into a formal budget amendment for City Council consideration that will be filed with the Johnson County Auditor and the State of Iowa. Discussion of Solutions Revenues. The proposed budget amendment increases overall revenues and transfers -in by $12,819,677, as shown on Line 14 of the attached Notice (see Revenues & Other Financing Sources, lines 1 -14). The largest portion of the amended revenue increase relates to Other Financing Sources (line 13). Other Financing Sources include revenues from debt issuance, sale of capital assets, and transfers in. These revenues are being amended by $7,006,773, which represents additional UniverCity housing loan activity of $2,100,000 and the issuance of refunding bonds for $2,660,000. This also includes the transfer into the Emergency fund of $1,656,058 and the sale of airport property for $500,000 in exchange for runway protection zone property. The next largest category being amended is for Intergovernmental revenue (line 9) by $5,770,658. The largest portion of this is for an FAA grant of $4,500,000 for the property acquisition in the airport runway protection zone and $720,000 in grant money for the flood buyout program. Two other categories being amended significantly are Use of Money & Property (line 8) which is being decreased by $4,722,593 and Service Charges (line 10) which is being increased by $5,027,444. The changes in these two categories primarily represent the re- categorization of parking fees from Use of Money & Property to Service Charges. The budget adjustment for parking fees is $4,813,068. A detailed listing of the revenues being amended is provided as an attachment to this memorandum. Expenditures. The proposed amendment provides for an increase in appropriations of $12,102,568 as shown on line 27 of the attached Notice (see Expenditures & Other Financial Uses, lines 15 -27). The category that has the largest amendment total is the Business - Type /Enterprise category with a proposed amendment of $6,291,782. The largest items in this April 29, 2014 Page 2 category are the airport property acquisition of $5,000,000 and the adjustments to the 2014 capital improvement program of $1,104,921. The category with the next largest amendment total is Community & Economic Development with a proposed amendment of $2,558,417. This total primarily represents the additional UniverCity activity and flood buyout activities. The other category with significant proposed amendments is the Transfers Out category with a proposed amendment of $1,756,773. This figure primarily represents the transfer into the Emergency fund. A detailed listing of the expenditures being amended is provided as an attachment to this memorandum. Fund Balance. The net budgeted result to fund balance from these amendments is an increase of $717,109 (line 28). This budget amendment will not impact property taxes or rates. Recommendation The City Budget Amendment and Certification Resolution for the fiscal year ending June 30, 2014 budget amendment is attached to this memo. It is recommended that the City Council conduct the public hearing as published and consider approval /denial of the proposed budget amendment. 52 -483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County /Counties met on 5/6/14 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 14 -127 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30 2014 (AS AMENDED LAST ON ) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 4/24/14 and the public hearing held, 5/6/14 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Passed this 6th (Day) Signature City Clerk/ ' icer day of May, 2014 (MontWear) ,Q+;tVQ 4 ure Mayor Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing a c in 9 50,307,189 0 50,307,189 Taxes Levied on Property 1 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 50,307,189 0 50,307,189 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 453,937 0 453,937 Other City Taxes 6 5,007,347 - 263,355 4,743,992 Licenses & Permits 7 1,350,968 750 1,351,718 Use of Money and Property 8 1,661,318 - 4,722,593 - 3,061,275 Intergovernmental 9 59,052,340 5,770,658 64,822,998 Charges for Services 10 40,303,766 5,027,444 45,331,210 Special Assessments 11 0 0 0 Miscellaneous 12 5,175,152 0 5,175,152 Other Financing Sources 13 101,328,655 7,076,773 108,405,428 Total Revenues and other Sources 14 264,640,672 12,889,677 277,530,349 Expenditures & Other Financing Uses 22,112,143 288,000 22,400,143 Public Safety 15 Public Works 16 7,483,926 77,500 7,561,426 Health and Social Services 17 265,175 0 265,175 Culture and Recreation 18 13,163,822 331,678 13,495,500 Community and Economic Development 19 10,792,932 2,558,417 13,351,349 General Government 20 7,789,941 - 32,319 7,757,622 Debt Service 21 13,496,700 0 13,496,700 Capital Projects 22 47,441,001 830,737 48,271,738 Total Government Activities Expenditures 23 122,545,640 4,054,013 126,599,653 Business Type /Enterprises 24 84,500,115 6,291,782 90,791,897 Total Gov Activities & Business Expenditures 25 207,045,755 10,345,795 217,391,550 Transfers Out 26 73,627,092 1,826,773 75,453,865 Total Expenditures/TransfersOut 27 280,672,847 12,172,568 292,845,415 & Othe r Sources Over Excess Revenues ( Under) Expenditures /Transfers Out Fiscal Year 28 - 16,032,175 717,109 - 15,315,066 29 Beginning Fund Balance July 1 30 98,086,646 0 98,086,646 Ending Fund Balance June 30 31 82,054,471 717,109 82,771,580 Passed this 6th (Day) Signature City Clerk/ ' icer day of May, 2014 (MontWear) ,Q+;tVQ 4 ure Mayor Resolution No. 14 -127 ]Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Botchway x_ Dickens x Dobyns x Hayek x_ Mims x Payne x Throgmorton Fiscal Year 2014 Budget Amendment #2 Revenue Detail Other City Taxes LOST revenue adjustment Licenses & Permits Special event grant permits Intergovernmental Revenue FAA grant - Ruppert property acquisition 2014 Housing capital grant 2013 Housing capital grant Flood buyout grant I -JOBS for Univercity U of I contract re- estimate FEMA reimbursements Service Charges Parking revenue re- categorize Univercity donations 100 E. Washington reimb. Energy Conservation Revolving fund Use of Money & Property Winter farmer's market rental Terry Trueblood rental Ned Ashton house rental Parking revenue re- categorize Equipment sale commissions Terry Trueblood commissions Other Financing Sources 2013 Go Bond adjustment 2014 Go Bonds for Univercity Library gift transfer to library remodel project Additional UniverCity houses 2014 Refunding GO Bonds Sale of land -321 Dave City property sold (traded) to Ruppert for property 2014 CIP program adjustment Landfill closure transfers Housing transfer to Univercity Sewer revenue bond adj Transfer general funds to emergency fund Amendment (263,355.00) (263,355.00) 750.00 750.00 4,500,000.00 102,356.00 100,000.00 720,000.00 57,000.00 75,000.00 2161302.00 5,770,658.00 4,813,068.00 130,000.00 34,098.00 50,278.00 5,027,444.00 13,200.00 55,000.00 10,000.00 (4,813,068.00) 10,000.00 2,275.00 (4,722,593.00) (80,000.00) 500,000.00 70,000.00 1,600,000.00 2,660,000.00 70,000.00 500,000.00 (198,812.00) 296,098.00 170,000.00 (166,571.00) 1,656,058.00 7,076,773.00 Net Increase in estimated revenues 12,889,677.00 Fiscal Year 2014 Budget Amendment #2 Expenditure Detail General Government Amendment City Council line item re- estimates 2,036.00 Reduction in Laserfiche expenses (4,373.00) Herky on Parade statue 15,000.00 Management Intern 15,600.00 City Manager line item re- estimates (2,388.00) Fas Trac funding 15,000.00 Eliminate Management Analyst position (27,073.00) Accounting Overtime wages 6,995.00 Annual audit expenditures 6,912.00 Accounting line item re- estimates (2,000.00) Temp help for Munis implementation 15,600.00 Accounting line item re- estimates 1,426.00 Gov Deals commission payments 15,000.00 Re- allocate contingency (90,054.00) (32,319.00) Public Safet Police travel & training 5,000.00 Police travel & training 5,000.00 Police computer equipment 30,000.00 Police bicycle storage 9,000.00 Police minor equipment 19,000.00 Body cameras and equipment 100,000.00 Police other op equipment (Cedar Rapids firing range) 60,000.00 Employee benefits -fire 50,000.00 Joint Ownership -Fire candidate testing equipment 10,000.00 288,000.00 Culture & Recreation Park master plan update 20,000.00 Chaddick property acquisition 110,000.00 Winter Farmer's Market 14,550.00 Floording - Wellmark grant 5,860.00 Equipment - Wellmark grant 9,650.00 April 2013 rain event repairs 42,343.00 Terry Trueblood Operations 57,275.00 Library strategic plan update 72,000.00 331,678.00 Public Works Sand 50,000.00 Contracted improvements 20,000.00 Non - contracted improvements 7,500.00 77,500.00 Planning & Community Development 100 block of East Washington study 52,250.00 Univercity house purchases 1,300,000.00 Univercity house construction 227,000.00 Univercity loan repayments 300,000.00 Community Corrections - AmeriCorps 9,167.00 1105 Project 20,000.00 Flood buyout grant 650,000.00 2,558,417.00 Governmental Capital Proiects 2014 CIP program adjustments 830,737.00 830,737.00 Business Type /Enterprise Funds 2014 CIP program adjustments 1,104,921.00 Sewer revenue bond adj (55,495.00) Ruppert property acquisition- airport 5,000,000.00 Stormwater management plan 40,000.00 2013 Housing capital grant 100,000.00 2014 Housing capital grant 102,356.00 6,291,782.00 Transfers Out Transfer general funds to emergency fund 1,656,058.00 Landfill reserve transfer adjustment 296,098.00 Housing trg to Univercity program 170,000.00 Library gift transfer to library remodel project 70,000.00 2014 CIP program adjustments (365,383.00) 1,826,773.00 Net Increase in estimated expenditures & transfers out 12,172,568.00 05-06-TT- 10 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144 RESOLUTION NO. 14 -128 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2014 STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Stormwater Utility account # 77770110 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:00 a.m. on the 27th day of May, 2014. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3rd day of June, 2014, or at a special meeting called for that purpose. Passed and approved this 6th day of May 120 14 4q:�___k it MAYOR / Approved by AJA ATTEST: a L! -�� /` k� J CITY LERK City Attorney's Office pwenglmasterskesappp &s.doc 4/14 %I Resolution loo. 14 -128 Page 2 It was moved by Payne and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton � r j 11 CITY OF IOWA CITY MEMORANDUM DATE: May 1, 2014 TO: Tom Markus, City Manager FROM: Sam Hargadine, Police Chief, o hept.; Ron Knoche, City Engineer, Public Works Dept. RE: Animal Care and Adoption Center 2014 Project- Rebid with revised scope- awarding construction contract pending council approval on June 3, 2014 Introduction: The City of Iowa City released the Animal Care and Adoption Center project for bids on March 5, 2014. The project had a base bid and seven alternates. The City received nine bids on March 27, 2014, the base bids ranged from $3,658,000 to $3,938,000. The consultant's estimate for the base bid was $2,753,856. The bids that were received by the City are beyond the planned budget for this building project. The design team has revised the scope of the project by value engineering major components to bring the construction cost within budget. History /Background: Federal Emergency Management Agency (FEMA) granted funding to the City to construct a new Animal Center to replace the previous facility damaged by the 2008 Flood of the Iowa River. The City has approval from FEMA to proceed with an improved project and timeline for the selected site. The design development plans were approved by FEMA in November 2013 and the City was authorized to proceed with bidding. The City staff worked with architecture firm Neumann Monson PC on construction specifications and plans to bid a new facility. The future site has been approved by the Federal Emergency Management Agency (FEMA) with the granted completion date of May 2015. 28E agreements with neighboring jurisdictions are in place for proportional funding of the facility, based on a three -year average of animal intakes. Project costs, less FEMA reimbursements and Friends of the Animal Center fundraising, will be shared with Johnson County, Coralville, University Heights, and the University of Iowa. The City is solely absorbing the expense for the property and the costs to upgrade the traditional HVAC to a geothermal system. Discussion of Solutions: Staff reviewed options with the consultant in an effort to bring the overall construction costs within budget. The objective is to reduce scope to the original architect's construction estimate to keep the overall project costs within 3.18 million; a new set of plans was reissued on Friday, April 25tH Financial Impact: The total project budget is $3.18 million and excluding fees and soft costs the estimated construction budget is approximately $2.93 million including the geothermal system. There are also significant deduct alternates included in the new bid documents. The fund number for this project is under Animal Shelter Replacement under Munis account number Y4422. Recommendation: Staff recommends issuing new bid documents, with the following schedule: Meeting to hold public hearing April 25, 2014 Hold Public Hearing /Approve Plans and Specifications May 6, 2014 Bid opening May 29, 2014 Award Construction Project June 3, 2014 Accept Project May 2015 cc: Rick Fosse, Public Works Department SIENGNRCHIT -IT,ge kANIMAL- 11DESIGN -I IERONTE -I NEBIDD- 1NG=to City Manager. REBID UPDATED SCHEDULE for Animal Care and AdopBM Canter 2014 Projid AWARD JUNE 3A= Prepared by: Kumi Morris, Engineering Division of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5044 RESOLUTION NO. 14 -129 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in Animal Shelter in CIP account # Y4422. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 29th day of May, 2014. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3rd day of June, 2014, or at a special meeting called for that purpose. Passed and approved this 6th day of May , 2014 MAYOR l Ap oved by ATTEST:�Gy CITY CLERK City Attorney's Office Z� q SAENMARCHITECTURE FILEIProjects\Animal Center Project\DESIGN 20121Front Ends and Required FEMA forms with bid documentMREBID Documents Award June 3 2014\REBID Animal Care and Adoption Center 2014 Project Approve Plans & Specs 04 21 2014.doc 4114 Resolution No. 14 -129 Page 2 It was moved by Payne and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton _ r CITY OF IOWA CITY �- 12 '- M EMORA N D U M Date: April 22, 2014 To: Thomas M. Markus, City Manager From: Tracy Hightshoe, Neighborhood Services Re: Aid to Agencies Funding Allocation Introduction: The City annually budgets financial aid to human service agencies serving Iowa City residents. For FY15 the City budgeted $378,700 for this purpose. The attached resolution allocates these funds to the identified local human service agencies. History /Background: The City Council directed the Housing and Community Development Commission (HCDC) to review and formulate a funding recommendation for the applications requesting Iowa City funds received under the United Way Joint Funding process. Similar to previous years, Johnson County human service agencies request funding for United Way, Johnson County and the cities of Iowa City and Coralville on this one application. At their January 16, 2014 meeting, the Housing and Community Development Commission (HCDC) developed a funding recommendation to forward to City Council. HCDC's funding recommendation is attached to the resolution. Discussion of Solutions: This is the fourth year that these funding recommendations have been made by HCDC. Previously, funding recommendations were made by a subcommittee of the City Council. The City Council has the option of revising HCDC's recommendations. Financial Impact: The City budgeted $378,700 in the FY15 budget for financial aid to human service agencies serving Iowa City residents. These funds consist of funds from the General Fund ($250,000), Community Development Block Grant (CDBG) program ($100,000), and utility user fees ($28,700). Recommendation: Staff recommends the allocation of funds consistent with the HCDC recommendation, which is attached to the resolution. MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 — 6:30 PM ASSEMBLY ROOM, SENIOR CNTER MEMBERS PRESENT: Michelle Bacon Curry, Andrew Chappell, Cheryll Clamon, David Hacker, Jim Jacobson, Dottie Persson, Rachel Zimmermann Smith MEMBERS ABSENT: Peter Matthes, Christine Ralston STAFF PRESENT: Steve Long OTHERS PRESENT: Scott Hansen, KaQuishia Harrington, Heath Brewer, Ewa Bardach, Tracey Achenbach, Susan Gray, Kristie Doser, Diane Dingbaum, Heifi Cuda, Susie Poulton, Susan Wehr, Karen Suter, Barbara Vinograde, Karen DeGroot, Mary Palmberg, Jeff Kellbach, Nicole Hines, Jane Drapeaux RECOMMENDATIONS TO COUNCIL: The following FY15 Aid to Agencies budget, with the proviso that if there is more funding, every agency gets proportionally more, and if there is less each agency receives proportionally less, is recommended for City Council approval (passed 7 -0). Consideration of this recommendation will be placed on the May 6 City Council agenda. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 PAGE 3 of 7 CALL TO ORDER: The meeting was called to order by Chair Andrew Chappell. APPROVAL OF DECEMBER 19, 2013 MINUTES: The Commission agreed to defer approval of the minutes for the next meeting. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. STAFF /COMMISSION COMMENT: None. Review of the FYI CDBG /HOME Allocation Process Long explained that the applications are due January 17. He reviewed some of the important dates listed on the printed timeline in the Commissioners' packets: • February 20 — Q & A session with applicants • March 6 — Review of groupings and consensus scenarios • March 13 — Only necessary if business is not concluded at the March 6th meeting Discussion Regarding FYI Aid to Agencies Funding Requests • Discuss Aid to Agencies Applications • Develop Aid to Agencies Budget Recommendation to Council Chappell explained that this is a new process and that new guidelines were adopted by the City Council. The guidelines will require more scrutiny of the applications. He reminded the Commission that according to the guidelines at least 80% of the available funds need to be allocated to those that have a high priority. Chappell reminded the commission that DVIP's priority was classified as a high priority. Persson stated that she has a background with issues of homelessness, as she was on the Shelter House Board during the approximately ten years while the community was working to get a new facility built. She said that she has questions she wishes to be included as part of the minutes and hopes that City Council sees these questions: • Is DVIP requesting to be considered as a homeless service provider purely for funding priority purposes for this allocation or is it an overall shift in their mission? • How will DVIP be entering their data? They receive emergency services grant funding. All homeless service providers receiving this funding are mandated to participate in the State's Homeless Management Information System, which is ServicePoint. If recognized as a homeless service provider, will DVIP now participate in ServicePoint or do they intend to continue to be exempt and continue to enter their data in ALICE as other domestic violence providers do? • If this is a paradigm shift, has DVIP collaborated with Shelter House and the local homeless coordinating board to plan for this change or verify need for it? She said the criteria talks about collaboration, cooperation and innovation and if this is a paradigm shift then a look at that would be warranted, just like the 1105 project. She said in 2013 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 PAGE 4 of 7 of the 133 women sheltered by Shelter House, 47% had histories of domestic violence. She repeatedly stated that if this is a paradigm shift, and she believes it is, collaboration, cooperation and innovation is warranted. She said she thinks the Commission tonight needs to address whether they will award money based on number of people sheltered or some other criteria, and do they have comparable data to determine that. She said she is asking that the Commission consider whether they are looking at collaboration, cooperation in placement of more permanent housing, participation in the workforce and access to mainstream resources. She said she was under the impression that this Commission would have a say in this. Chappell said the Commission always asks staff to make the determination where a given project or agency fits in CITY STEPS. He said with this process the Commission invited applicants to raise that issue if they thought the particular program they were asking for qualified under a different priority. He said for the particular program for which DVIP was seeking funding, and the Commission was clear that you can apply for and get priority for a specific program, staff made that determination. He said speaking for himself, absent some specific reason not to go along with that, he doesn't see any reason to question the high priority staff had given. He told Persson that she can certainly disagree with that and let that affect her recommendation. He said at this point the Commission has the information it had requested through the application process beside minor clarifications members might ask tonight. He asked for other follow -up on the points raised. There was none. The Commission members revealed how they individually made their determinations on funding, including only funding high priorities and funding only services that provide life- saving services. They decided to start with high priorities and tentatively fund them just to get the process going. Persson raised the question of why the Iowa City Community School District Family Resource Centers is not being funded through our tax dollars. Chappell noted that in the past he has not funded any City projects, since no other organization has the ability to raise funds by taxes like the City and the school district. Zimmermann Smith asked the ICCSD representative where the funding for the program came from before it started coming from the City. Susie Poulton explained that their federal grant ended and that money from some of the ICCSD funds can't be used for this program. Chappell asked if there are funds that can be used and Poulton said there were. Chappell said to him it's a question of the School Board prioritizing where they use their money. Several commissioners had reservations about the Community Corrections Improvement Association. Although they thought the work they were doing had merit, Hacker noted that the agency recently was hit by an unfavorable report from the State regarding mislabeling of where funds were used. Chappell asked the commission how they felt about the funding for DVIP. A majority of the members said they thought DVIP and Shelter House should be funded fully and equally. A representative from Shelter House was asked why they had requested nearly twice as much as they did last year. She replied that the City's funding for them has diminished in the past few years while the number of those being served has increased. In response to Jacobson's question, she said that the City's funding had dropped in real dollars and as a percentage of their total budget. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 PAGE 5 of 7 Persson said she felt that Shelter House could not be funded at less than DVIP especially when there are so many people with domestic violence in their background being housed by Shelter House. She said she supports both agencies. Bacon Curry noted in regard to Big Brothers, Big Sisters that the amount of request for funding from Iowa City seemed much higher than the amount requested from Coralville based on the number of clients served from each community. Several Commissioners commented that Four Oaks seemed to be relatively flush, and therefore, they did not recommend any funding. Heath Brewer of Habitat for Humanity Furniture Project said they are struggling with no funding now. He said they used to get funding from a City Landfill account, and according to Long that will not happen again. Brewer said there are other resources in town for furniture but the idea behind The Furniture Project is that they coordinate with many different agencies that are able to give their clients a referral to The Furniture Project. He said there's a need for more, but they can't afford it. The Commission moved on to the medium priorities and entered starting points of funding. Chappell asked the representative from Pathways why they had increased the amount requested substantially. The Commission agreed that it's the only program of its kind in town and is needed. Jacobson had issues with HACAP as he reported he felt the wages they paid qualified some of the workers for HACAP services. A representative from HACAP said their wages are comparable to the private sector. Chappell asked if it is true that their budget is $25 million. The representative said it is, but the Backpack Program, which is what they are requesting funding for, is strictly by contribution and has no funding applied to it. Chappell said he views that the same way he views the school district funding. Persson urged the Commission to look at Shelter House and DVIP again. Chappell asked if there are other Commissioners who want to adjust the number for Shelter House. Jacobson suggested putting both of them at $45,000. The Commission discussed and debated where to make adjustments in their tentative funding numbers. Persson questioned what happened if more or less funding is actually received. Chappell explained that if they should get more or less funding, he proposed that every funded agency will then receive a proportional increase or decrease up to their actual request. Jacobson moved to recommend the Commission's Aid to Agencies funding recommendation with the provision that if there is more funding, every agency gets proportionally more up to their request, and if there is less each agency receives proportionally less. Persson seconded. The motion carried 7 -0. Marian Karr From: Sandjvance @aol.com Sent: Tuesday, May 06, 2014 12:14 PM To: Council Subject: Elder Care This correspondence will become a public record I am not a citizen of Iowa City but of Johnson County. I do have several friends which are citizens of Iowa City, they use the services of Elder Care in several different ways and I hate to see this large cut to these services. Meals on Wheels has a very important place in my heart, my mother and I volunteered for many years in Pennsylvania, when I moved she continued her involvement and then she was in need of the service. I was so thankful for such a great organization in PA and I believe it should definitely be continued in our area. Iowa City, "toots it's horn," for the wonderful services you provides. I don't all ways agree with some of these; but, the Elder Care Services are a very important use of the Iowa City budget. I also have a friend who is only 50 and is handicapped and there is not good services for people in this range of age to find SAFE, affordable housing. She has been on the waiting list at E. Towers for years and no openings. Iowa City shouldn't just go by age but by need. Thank you for taking my request into consideration. Mary Vance 2308 Rice Ridge Lane, NE North Liberty, IA 52317 Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 14 -130 RESOLUTION ALLOCATING HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2015 WHEREAS, the City of Iowa City budgeted for aid to local human services agencies; and WHEREAS, the Housing and Community Development Commission recommended allocations of aid to agencies funding amongst human services agencies at its January 16, 2014 meeting; and WHEREAS, the amount of aid proposed to be allocated, $397,510 is budgeted as Aid to Human Services Agencies in the FY15 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The funding recommendations from the Housing and Community Development Commission are hereby adopted with the exception of the allocation for Elder Services. An additional $18,810 from the General Fund will be allocated for a total allocation of $30,010 to Elder Services. 2. The City Manager is hereby authorized to execute agreements for aid to agencies with the organizations identified in Exhibit A (attached). Passed and approved this 6th day of May , 2014. !Lel�— "I MAYOR dATTEST: _ . - C. ov57' 7 CITY ERK City Attorney's Office Resolution No. Page 2 14 -130 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Payne the ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton a °1 � a m o FE 4-0 Lu a Ln e-I W °o 0 N N CL Q a C O n Q Q °o O ti} v 3 O1 l a 3 a O 0 O a 3 Q Ui •cam C 0) M 1 o a N a N co , C N N 7 O N Q a0 :3 a1 O @ N 3 a U l9 U j z 3 Or-i o O 0 00 O O L LD O 00 N r-1 N v d ar c `0 a E v C OD W V V_ -O .•-. 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V? tD V? r-1 Vf M V} LD N m LL E U E a, O O L m o - CL a E 0 Y U '^ ¢ T c ° i " N 2 c a C Y 0) U E ti U Z CL U m d U O U N Op aJ 'C U ^ O E w- ±' O Q cu d v o ° y E o LL z 0 3 o c° E o c° y T u o O u w > V p O LO F -E C to 3 m O 0 U O d T u C O -Y Q O G E L T 0 L ° O O O Q E var i ° + + E L O ° U Q u O U N a+ ° U a 00 v J+ � C ° N `Q -0 m > -0 a ^° ° E a E E p U- = O L 'y cL .0 = Q M U r CD O U U U 0 W LL LL D U� p m W m a W L V1 S °o 0 N N CL Q a C O n Q Q °o O ti} v 3 O1 l a 3 a O 0 O a 3 Q Ui •cam C 0) M 1 o a N a N co , C N N 7 O N Q a0 :3 a1 O @ N 3 a U l9 U j z 3 Or-i o O 0 00 O O L LD O 00 N r-1 N v d ar c `0 a Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. RESOLUTION ALLOCATINP HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR EN PING JUNE 30, 2015 WHEREAS, the City of Iowa City budgeted for aid to local human services agencies; and WHEREAS, the Housing and Commun y Development Commission reco mended allocations of aid to agencies funding amongst human se ices agencies (Exhibit A) at its January 16, 2014 meeting; and WHEREAS, the amount of aid proposed Services Agencies in the FY15 Budget. NOW, THEREFORE, BE IT RESOLVED IOWA, THAT: 1. The funding recommendations from the hereby adopted. be allocated, $378,7Q6 is budgeted as Aid to Human THE CITY COUNCIL OF THE CITY OF IOWA CITY, 2. The City Manager is hereby authorized to organizations identified in Exhibit A (attached Passed and approved this day of ATTEST: CITY CLERK sing aqd Community Development Commission are MAYOR agreements for aid to agencies with the 2014. Approved by (, City Attorney's Office 1� d dq Q O Q LM l"I EXHIBIT �..: cs Q) 0 N a a, .Q Q C3 c O Q Q. 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E U m v o 0 N u on O a N E m a to a; U NO Q Y O C c o Y v t U a` N s a 5 o •c M •> w OD �+ ^ N 3 C Z E m u V U LL v)i E o m' a L asi O N CO U p* '> o u Y C U o Ln C o C s v o E v N -p C 0 v° E o° E c `�° i fC o to C Y N op O1 L O U C U C d op O\_ 0 v) W N U O > O F C C v\ CO U o ,� o v N w p Li u ,> c y p w 3 Q a� fa N u a° a. °o L ' o c o E E N > Y O v j 2 —' E N 0 o' t Q E o p U > N U C LL F +' U Y N >' U S U Q 2' O U V1 °'' ° 7 E N Q O N w v UJ n N o' Q o0 LL = C ° N o O t 3 v w 3 N o m E E E N j v U 3� o (u LL 2 C >. U W C a °' w O OC) to <I U V E Q W CO O U O U N U o= o W O LL 2 LL Q 2 O 2 U V� p M G cW L 'v Z m d fo d' t In C D E Q cs Q) 0 N a a, .Q Q C3 c O Q Q. Qj Q d °o ti 3 a v 0 3 a G O i Q O a .c� C a a N v c a 0 O a U Gl v It O ° 06 n m ai m v 3 co N v c Q) to Q O v Q Y u 3 0 C w f6 N 3 N C7 > v 0 Y C7 U CD O O O n )°n °° 00 N 11 N �i W d C Y 0 CL L 00 L i-,-s April 22, 2014 PUBLIC MEETING NOTICE FY15 Annual Action Plan The City Council will hold a public meeting, accept comments and consider approval of Iowa City's FY15 Annual Action Plan on May 6, 2014. The meeting will be held at City Hall, Emma Harvat Hall, 410 E. Washington Street at 7:00 p.m. The Annual Action Plan is a portion of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs and services for low - moderate income persons. The FY15 Annual Action Plan will outline proposed activities and their budgets. Copies of the FY15 Annual Action Plan are available from Neighborhood Services, 410 E. Washington Street, the Iowa City Public Library, 123 S. Linn Street or on Iowa City's web site (www.icgov.org /actionplan). Additional information is available from Neighborhood Services, 410 East Washington Street, Iowa City, Iowa, 52240 or by calling 356 -5230. Comments may be submitted in writing to Neighborhood Services at the address above or by email to tracy - hightshoe @iowa - city.org. If you require special accommodations or language translation please contact Steve Long at 356 -5250 or 356 -5493 TTY at least seven (7) days prior to the meeting. �Ir= CITY OF IOWA CITY 13 MEMORANDUM Date: April 22, 2014 To: Thomas Markus, City Manager From: Tracy Hightshoe, Neighborhood Services Re: Consider a resolution adopting the FY15 Annual Action Plan Introduction: The City annually receives Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). A public meeting and resolution considering approval of the FY15 Annual Action Plan, which formally allocates the City's CDBG and HOME funds, will be held at the May 6 City Council meeting. A draft copy of the FY15 Annual Action Plan is included in the City Council April 24, 2014 Information Packet. You can also find this document online at www.icgov.org /actionplan. At the time of this memo, the City has not received any public comments. History /Background: The City anticipates it will have approximately $1,109,978 in CDBG and HOME funds available for allocation to eligible projects or entities that provide housing, jobs and /or services to low- moderate income residents. Applications for CDBG and HOME funds became available in December 2013 and were due on January 17, 2014. The Housing and Community Development Commission (HCDC) held a question /answer session with the applicants on February 20, 2014, developed rankings for each project and met on March 6 to formulate funding recommendations. Discussion of Solution: CDBG and HOME funding recommendations have been made by HCDC for several years. The City Council has the option of revising these allocations or approving the plan (includes the FY15 CDBG /HOME budget) as presented. Recommendation: At the May 6 meeting, we are asking Council to consider approval of the FY15 Annual Action Plan as recommended by HCDC. If needed, amendments or changes to this plan may be considered at the May 6 meeting. If changes are made to the FY15 Annual Action Plan, Council could approve the plan, as amended, that evening. The plan must be submitted to HUD by May 15, 2014. Fiscal Impact: The City budgeted $1,109,978 in the FY15 budget for eligible CDBG and HOME projects. These funds represent HOME and CDBG entitlement funds from HUD, CDBG and HOME program income and uncommitted or returned funds from prior projects that didn't proceed. If you have any questions about the FY15 Annual Action Plan or the proposed projects please feel free to contact me at 356 -5244 or at tracy - hightshoe @iowa - city.org. MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 17, 2014 — 6:30 PM DALE HELLING CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Michelle Bacon Curry, Andrew Chappell, Cheryll Clamon, David Hacker, Jim Jacobson, Peter Matthes, Dottie Persson, Christine Ralston, Rachel Zimmermann Smith MEMBERS ABSENT: None STAFF PRESENT: Tracy Hightshoe OTHERS PRESENT: Joel Shrader, Miller Thammovongsa, Jaclyn Steiff RECOMMENDATIONS TO COUNCIL: k The Commission voted 9 -0 to recommend the approval of the FYI Annual Action Plan with minor typographical corrections. The Commission voted 9 -0 to recommend the approval of the FY14 Annual Action Plan Amendment #2. CALL TO ORDER: The meeting was called to order by Chair Andrew Chappell. APPROVAL OF FEBRUARY 20 AND MARCH 6, 2014 MINUTES Clamon moved to approve both sets of minutes. Bacon Curry seconded. A vote was taken and the motion carried 9 -0. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None STAFF /COMMISSION COMMENT: Hightshoe told the Commission that the City is offering the Building Change program again for downtown /Northside Marketplace improvements such as fagade renovations, energy efficiency improvements, accessibility and utilization of upper level spaces. In addition to CDBG fagade grants, three local lenders have agreed to each deposit $50,000 in a fund administered by the City that provides no interest, no fee loans for these types of improvements. The participating lenders include MidWestOne Bank, Hills Bank and the University of Iowa Community Credit Union. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION April 17, 2014 PAGE 2 of 5 Jacobson asked if the UniverCity program use realtors to sell /market the homes. Hightshoe stated to date the City has not needed to use realtors for this program. The City uses online marketing, has a website, issues press releases and has used other avenues to advertise the program. There has been sufficient interest in the homes so that we have not had to use realtors. ') Review of the FY15 Annual Action Plan (www.icpov.orq /actionplan) jl(\ Hightshoe explained that the Annual Action Plan identifies how the City will utilize its federal funds during FY15. The plan is a HUD required document and also includes information regarding general program management such as monitoring practices, affirmative marketing, resale /recapture provisions, program certifications, and identifying low income and minority concentrations per census tract. Hightshoe questioned the commission about their approval of the Targeted Rehab Program. When the commission recommended $140,000, they didn't specifically address if a portion of the allocation could be used for downpayment assistance per the revised application. In the draft Action Plan, staff included $125,000 for rehab and $15,000 for downpayment assistance for a total $140,000 allocation. She said if the Commission prefers that the funds only be used for rehab, they need to make the recommendation that the $140,000 be utilized only for rehab. Chappell said it didn't seem that anyone had any concerns about that particular part of the project. Hightshoe explained that the public comment period goes from April 4 to May 6. The City Council will hold a public meeting on May 6. The Council can either accept the plan as recommended by HCDC or they may alter it. The plan must be submitted to HUD by May 15, 2014. Jacobson asked how staff tracks if the jobs in economic development projects are going to low - moderate income persons. Hightshoe stated that businesses are required to give employees an income survey for any new position created during the first year. The income survey must be kept in the personnel file. Businesses either send staff all the surveys at the end of the year or staff monitors their employee files as it relates to the CDBG funds. An employee can refuse to complete the survey, but they have to be considered over income on the annual report. At the end of the year, the business completes a report identifying the income for each position created that year. CDBG does not have a specified time the business must retain that position. The City elects to track the jobs for a year. Perrson moved to recommend the approval of the FY15 Annual Action Plan with minor typographical corrections. Matthes seconded. A vote was taken and the motion carried 9 -0. Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 RESOLUTION NO. 14 -131 RESOLUTION ADOPTING IOWA CITY'S FY15 ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit the FY15 Annual Action Plan as part of the City's 2011 -2015 Consolidated Plan (CITY STEPS), to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds for City of Iowa City fiscal year 2015; and WHEREAS, the City has disseminated information, received public input and held a public meeting on the FY15 Annual Action Plan; and WHEREAS, the FY15 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, the Iowa City Housing and Community Development Commission has recommended that Exhibit A be approved; and WHEREAS, adoption of the FY15 Annual Action Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the FY15 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City FY15 Annual Action Plan, containing the allocation of CDBG and HOME funds attached hereto as Exhibit A, is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY15 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FY15 Annual Action Plan. 4. The City Manager is hereby authorized to execute, terminate or amend CDBG and \or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) or other legal entities. Passed and approved this 6t" day of May, 2014. xo�Lx,& A MAYOR ATTEST: � % �- c - d A -( K CITY LERK City Attorney's Office Resolution No. Page _ 3 14 -131 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Exhibit A Proiects Recommended for FY15 CDBG & HOME Funding Category Activity $ Requested HCDC (3/6/14) Recommendation or Council Earmark* HOME Subtotal $ The Housing Fellowship - CHDO Operating $ 20,000 $ 15,000 Housing The Housing Fellowship - Rental $ 300,000 $ 200,000 Shelter House - Rapid Rehousing $ 75,000 $ 75,000 Iowa City Housing Rehabilitation Program* $ 200,000 Iowa City Housing Rehabilitation -Targeted $ 225,000 $ 125,000 Iowa City Targeted Downpayment $ 25,000 $ 15,000 Total Housing: $ 645,000 $ 630,000 Public Facilities Arc of Southeast Iowa - Playground $ 100,000 $ 75,000 United Action for Youth $ 122,620 $ 25,000 Total Public Facilities $ 222,620 $ 100,000 Public Services Aid to Agencies *: Crisis Center $ 38,000 Neighborhood Centers of Johnson Co. $ 32,000 Shelter House $ 30,000 Total Public Services $ 100,000 Econ. Dev Iowa City Economic Development Fund *: Micro - Enterprise /For Profit Assistance $ 24,239 Building Change - Fagade Improvements $ 75,000 Total Economic Development $ 99,239 Admin. HOME Program Administration* $ 44,662 CDBG Program Administration* $ 136,077 Total Administration $ 180,739 Source of Funds: FY15 CDBG Entitlement FY15 Anticipated Program Income CDBG Uncommitted /Returned Projects FY15 HOME Entitlement FY15 Anticipated Program Income HOME Uncommitted /Returned Projects Combined Total $ 1,109,978 $ 600,387 $ 75,588 CDBG Subtotal $ 675,975 $ 366,620 $ 67,383 HOME Subtotal $ 434,003 FY15 TOTAL $ 1,109,978 1y PUBLIC MEETING NOTICE FY14 Annual Action Plan Amendment #2 The City Council will hold a public meeting, accept comments and consider approval of Iowa City's FY14 Annual Action Plan Amendment #2 on May 6, 2014. The meeting will be held at City Hall, Emma Harvat Hall, 410 E. Washington Street at 7:00 p.m. The Annual Action Plan is a portion of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs and services for low - moderate income persons. The FY14 Annual Action Plan outlines proposed activities and their budgets. The FY14 Amendment #2 proposes to use up to $61,650 in HOME funds to acquire 909 Sandusky Drive for frail elders or persons with disabilities for a total of four beneficiaries. Copies of the FY14 Annual Action Plan Amendment #2 are available from Neighborhood Services, 410 E. Washington Street, the Iowa City Public Library, 123 S. Linn Street or on Iowa City's web site (www.icgov.org/actionplan). Additional information is available from Neighborhood Services, 410 East Washington Street, Iowa City, Iowa, 52240 or by calling 356 -5230. Comments may be submitted in writing to Neighborhood Services at the address above or by email to tracy- hightshoe @iowa - city.org. If you require special accommodations or language translation please contact Steve Long at 356 -5250 or 356 -5493 TTY at least seven (7) days prior to the meeting. ��r =� CITY OF IOWA CITY 14 -. RA N DUM M EMO Date: April 22, 2014 To: Thomas Markus, City Manager From: Tracy Hightshoe, Neighborhood Services Re: Resolution Adopting the FY14 Annual Action Plan Amendment #2 Introduction A resolution considering approval of the FY14 Annual Action Plan Amendment #2 will be held at the May 6, 2014 City Council meeting. The amendment reduces the total number of properties to be purchased from two to one for the Charm Homes LLC project. The amendment is included in the April 24, 2014 City Council information packet. History/ Background Charm Homes LLC was allocated $61,650 in HOME funds to acquire two four - bedroom homes accessible to frail elders and persons with disabilities. Under the HOME program, the recipient has up to a year to identify a property and enter an agreement with the City. Due to difficulty finding two affordable units that are accessible to persons with a disability within this time period, Charm Homes requests that the entire allocation be used for a property identified at 909 Sandusky Drive. The home would serve four frail elders or persons with a disability. Discussion of Solution Allowing Charm Homes to reduce the number of properties acquired would allow them to retain the HOME funds awarded. The increased HOME financing will reduce the amount of private financing needed and keep the units affordable. Recommendation At the May 6 meeting, we are asking that City Council consider approval of the FY14 Annual Action Plan Amendment #2 as recommended by the Housing and Community Development Commission (HCDC). At the time of this memo, the City has received no written comments from the public concerning the FY14 Annual Action Plan Amendment. HCDC reviewed this request at their April 17, 2014 meeting and recommended approval. The preliminary HCDC minutes are attached herein. Fiscal Impact These funds represent HOME entitlement funds from the U.S. Department of Housing and Urban Development. If you have any questions about the amendment please contact me at 356 -5230 or at tracy- hightshoe @iowa- city.org. MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 17, 2014 — 6:30 PM DALE HELLING CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Michelle Bacon Curry, Andrew Chappell, Cheryll Clamon, David Hacker, Jim Jacobson, Peter Matthes, Dottie Persson, Christine Ralston, Rachel Zimmermann Smith MEMBERS ABSENT: None STAFF PRESENT: Tracy Hightshoe OTHERS PRESENT: Joel Shrader, Miller Thammovongsa, Jaclyn Steiff RECOMMENDATIONS TO COUNCIL: The Commission voted 9 -0 to recommend the approval of the FY15 Annual Action Plan with minor typographical corrections. / The Commission voted 9 -0 to recommend the approval of the FY14 Annual Action Plan x Amendment #2. CALL TO ORDER: The meeting was called to order by Chair Andrew Chappell. APPROVAL OF FEBRUARY 20 AND MARCH 6, 2014 MINUTES Clamon moved to approve both sets of minutes. Bacon Curry seconded. A vote was taken and the motion carried 9 -0. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None STAFF /COMMISSION COMMENT: Hightshoe told the Commission that the City is offering the Building Change program again for downtown /Northside Marketplace improvements such as fagade renovations, energy efficiency improvements, accessibility and utilization of upper level spaces. In addition to CDBG fagade grants, three local lenders have agreed to each deposit $50,000 in a fund administered by the City that provides no interest, no fee loans for these types of improvements. The participating lenders include MidWestOne Bank, Hills Bank and the University of Iowa Community Credit Union. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION April 17, 2014 PAGE 3 of 5 Review of the FY14 Annual Action Plan Amendment #2 Hightshoe explained that the Commission had allocated HOME funds to Charm Homes to purchase two homes in FY14. She said they have identified one home, but unable to identify a second home that meets their accessibility needs. Charms was also allocated FY13 HOME funds to purchase two homes. They acquired one and are looking for the second. They believe they will locate a second home to complete their FY13 agreement, but do not believe they could identify a third home by the end of the fiscal year. Charms is requesting an amendment to utilize the FY14 funds for one home as opposed to two. This reduces the beneficiaries from eight to four and requires an action plan amendment. Hightshoe stated staff is recommending approval of this request. This will reduce the amount of private financing required and helps keep the units affordable. The City would not have time to reallocate the funds to another activity per HOME regulations. If not utilized, the funds may be recaptured by HUD. Chappell said this isn't something he normally would support, but they just can't afford not to spend the funds at this point. Bacon Curry moved to recommend the approval of the FY14 Annual Action Plan Amendment #2. Zimmermann Smith seconded. A vote was taken and the motion carried 9 -0. Discuss FY14 Projects that have not Performed per the Unsuccessful or Delayed Projects Policy Hightshoe explained that the Policy states that if a CDBG recipient hasn't spent at least 50% of its award by March 15, the project must come back to the Commission for review. The commission may either grant an extension or recommend recapture and reallocation of the funds. She said none of the public facilities met the expenditure threshold. She stated that being said, they have all procured a contractor and work has started. MECCA is nearly complete, but not billed yet. Free Medical Clinic started their project early this year, but hasn't billed yet. Mayor's Youth got a slow start due to the occupancy and parking issues, but contractors are hired and work commenced. Neighborhood Centers of Johnson County procured a contractor for the landscaping work and work will be done as weather permits. Hightshoe stated she would be concerned if a recipient hadn't procured a contractor by this time, but the work is proceeding and all of them should be complete or nearly complete by June 30. For smaller projects, the contractors may wait till the end to bill. The Commission agreed to take no action, meaning that the funds will be automatically extended. Discussion of the Community Development Celebration Hightshoe said the City did not have a Community Development Celebration last year. She requested that the commission form a subcommittee to brainstorm ways to advertise the impact of CDBG /HOME funds with or without a celebration as previously held in the past. Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 14 -132 RESOLUTION ADOPTING IOWA CITY'S FY14 ANNUAL ACTION PLAN AMENDMENT #2, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a recommendation to amend the FY14 Annual Action Plan at its meeting on April 17 2014 to reduce the number of properties purchased from two to one for the Charm Homes LLC project; and WHEREAS, according to CITY STEPS, this is considered a substantial change to the FY14 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information and provided for public input at the May 6, 2014 City Council meeting on proposed Amendment #2; and WHEREAS, the FY14 Annual Action Plan Amendment #2 contains the revised Table C - Listing of Projects for Charm Homes LLC attached hereto as Exhibit A; and WHEREAS, adoption of the Amended FY14 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY14 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City's Amendment #2 to the FY14 Annual Action Plan, copies of which are on file in Neighborhood and Development Services, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY14 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 6th day of May '2014. MAYOR Approved by ATTEST: zc �f i T� �� t `f d d r c� CITY C IERK City Attorney's Office Resolution Igo. 14-132 Page 2 It was moved by Dickens and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x. x x x x x KNEWT ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Applicant's Name: Charm Homes L.L.C. Priority Need: High — Non Student Renters Under 50% MI Project Title: Charm Homes LLC — Rental Housing Project Description: Acquisition of one four - bedroom accessible home to provide permanent supportive housing to frail elders or persons with disabilities to avoid premature placement into institutional settings. Local Objective: Develop affordable housing options for frail elders with low incomes (CITY STEPS p. 84) Location: 909 Sandusky Drive, Iowa City Objective Number Project ID See above 001 HUD Matrix Code CDBG Citation 01 Type of Recipient CDBG National Objective Subreci lent Private Start Date Completion Date 7/1/2013 6/30/2014 Performance Indicator Annual Units Housing Units (10) 4 Local ID Units Upon Completion 2014.001 4 The primary purpose of the project is to help ❑the Homeless Persons with HIV /AIDS ®Persons with Disabilities Public Housing Needs Funding Sources: _ CDBG HOME $61,650 Private Funds $106,250 Total: $167,900 .........._ ......... _ .................... 3 M Publish 4/25 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2014, of the City of Iowa City, State of Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 (the "Issuer ") before 10:00 o'clock A.M., on the 6th day of May, 2014. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2014, in the amount of $11,980,000 *, to be dated June 3, 2014 (the "Bonds ") *Preliminary; subject to change. The aggregate principal amount of the Bonds, and each scheduled maturity thereof, are subject to increase or reduction by the City or its designee after the determination of the successful bidder. The City may increase or decrease each maturity in increments of $5,000 but the total amount to be issued will not exceed $12,400,000. Interest rates specified by the successful bidder for each maturity will not change. Final adjustments shall be in the sole discretion of the City. The dollar amount of the purchase price proposed by the successful bidder will be changed if the aggregate principal amount of the Bonds is adjusted as described above. Any change in the principal amount of any maturity of the Bonds may be made while maintaining, as closely as possible, the successful bidder's net compensation, calculated as a percentage of bond principal. The successful bidder may not withdraw or modify its bid as a result of any post -bid adjustment. Any adjustment shall be conclusive, and shall be binding upon the successful bidder. Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. • Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids must be submitted through the PARITY® competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440 (facsimile number: 319- 341 - 4008). Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440: Telephone 319 - 356 -5053 or the Issuer's Financial Consultant, Public Financial Management, Inc., 801 Grand Avenue, Suite 3300, Des Moines, Iowa, 50309; Telephone: 515- 243 -2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, State of Iowa. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Iowa City, State of Iowa. Date of Meeting: May 6, 2014. Time of Meeting: 10:00 o'clock A.M. (City Officials) Place of Meeting: City Hall, 410 E. Washington, Iowa City, Iowa. Time of Meeting: 7:00 o'clock P.M. (City Council) Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for the meeting is as follows: $11,980,000 (Dollar Amount Subject to Change) General Obligation Bonds, Series 2014. Receipt of bids. Resolution directing sale. Such additional matters as are set forth on the additional /6 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body. City Cler , City of Iowa City, State of Iowa SA ,�a May 6, 2014 The Finance Director of the City of Iowa City, State of Iowa, met in the City Hall, 410 E. Washington, Iowa City, Iowa, at 10:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following persons were present: Dennis Bockenstedt Marian Karr Cyndi Ambrose, Jon Burmeister No This being the time and place for the opening of bids for the sale of $11,980,000 (dollar amount subject to change) General Obligation Bonds, Series 2014, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: None 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. -2- 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Robert W. Baird & Co., Inc. FTN Financial Capital Markets KeyBanc Capital Markets Janney Montgomery Scott LLC BMO Capital Markets Hutchinson, Shockey, Erley & Co Bank of America Merrill Lynch William Blair & Company, LLC UBS Financial Services Inc. Piper Jaffray Milwaukee, WI New York, NY Cleveland, OH Philadelphia, PA Chicago, IL Chicago, IL New York, NY Chicago, IL New York, NY Minneapolis, MN 4. The best bid was determined to be as follows: Name & Address of Bidder: Robert W. Baird & Co., Inc. of Milwaukee Wi. True Interest Rate: 1.773421% Net Interest Cost: $1,076,484.66 Sale. All bids were then referred to the Council for action in accordance with the Notice of -3- May 6, 2014 The City Council of the City of Iowa City, State of Iowa, met in open session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton Absent: None -4- Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $11,980,000 GENERAL OBLIGATION BONDS, SERIES 2014," and moved its adoption. Council Member Payne seconded the motion to adopt. The roll was called and the vote was, AYES: Throgmorton, Botchway, Dickens, Dobyns, Mims, Payne NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution 14 -133 RESOLUTION DIRECTING SALE OF $11,980,000 GENERAL OBLIGATION BONDS, SERIES 2014 WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $11,980,000 GENERAL OBLIGATION BONDS, SERIES 2014: Bidder: Robert W. Baird Co., Inc. of Milwaukee, Wi. the terms of said bid being: Purchase Price: $ 12,370,359.65 True Interest Rate: 1.773421 % Net Interest Cost: $1,076,484.66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. -5- Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED this 6th day of May, 2014. ATTEST: City Cler /'X � '!!:R Mayor CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 6th day of May , 2014. City C r-k, City of Iowa City, State of Iowa (SEAL) 01016074 -1 \10714 -117 15 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ GENERAL OBLIGATION BONDS, SERIES 2014," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the following RESOLUTION DIRECTINk SALE GENERAL OBLIGATION RONDS WHEREAS, pursuant to notice as for the bonds described as follows and the Bidder: the terms of said bid being: Purchase Price: $ G lution duly adopted: 2014 by law, bids have been received at public sale received is determined to be the following: GATION BONDS, SERIES 2014: True Interest Rate: % Net Interest Cost: $ ; NOW, THEREFO , BE IT RESOLVED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY, STAT17 OF IOWA: Section 1. Thatithe bid for the bonds as above set out is ereby determined to be the best and most favorable bid received and, said bonds are hereby awakded based on said bid. Section 2. That the statement of information for bond bidcVs and the form of contract for the sale of said bonds are hereby approved and the Mayor and erk are authorized to execute the same on behalf of the City. -5- TAX EXEMPTION CERTIFICATE of CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, ISSUER $11,980,000 General Obligation Bonds, Series 2014 This instrument was prepared by: Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309 (515) 243 -7611 TABLE OF CONTENTS This Table of Contents is not a part of this Tax Exemption Certificate and is provided only for convenience of reference. INTRODUCTION................................................................................ ............................... 1 ARTICLEI DEFINITIONS ........................................................ ............................... 1 ARTICLE II SPECIFIC CERTIFICATIONS, REPRESENTATIONS AND AGREEMENTS...................................................... ............................... 7 Section 2.1 Authority to Certify and Expectations .................... ............................... 7 Section 2.2 Receipts and Expenditures of Sale Proceeds ........... ............................... 9 Section 2.3 Purpose of Bonds ................................................... ............................... 11 Section 2.4 Facts Supporting Tax - Exemption Classification ... ............................... 11 Section 2.5 Facts Supporting Temporary Periods for Proceeds .............................. 12 Section 2.6 Resolution Funds at Restricted or Unrestricted Yield .......................... 12 Section 2.7 Pertaining to Yields ............................................... ............................... 13 ARTICLEIII REBATE ................................................................ ............................... 13 Section3.1 Records .................................................................. ............................... 13 Section3.2 Rebate Fund ........................................................... ............................... 14 Section 3.3 Exceptions to Rebate ............................................. ............................... 14 Section 3.4 Calculation of Rebate Amount .............................. ............................... 15 Section 3.5 Rebate Requirements and the Bond Fund ............. ............................... 15 Section 3.6 Investment of the Rebate Fund .............................. ............................... 16 Section 3.7 Payment to the United States ................................. ............................... 16 Section3.8 Records .................................................................. ............................... 16 Section 3.9 Additional Payments ............................................. ............................... 17 ARTICLE IV INVESTMENT RESTRICTIONS ........................ ............................... 17 Section 4.1 Avoidance of Prohibited Payments ....................... ............................... 17 Section 4.2 Market Price Requirement ..................................... ............................... 17 Section 4.3 Investment in Certificates of Deposit .................... ............................... 17 Section 4.4 Investment Pursuant to Investment Contracts and Agreements........... 18 Section4.5 Records .................................................................. ............................... 20 Section 4.6 Investments to be Legal ......................................... ............................... 20 ARTICLE V GENERAL COVENANTS ................................... ............................... 20 ARTICLE VI AMENDMENTS AND ADDITIONAL AGREEMENTS .................. 20 Section 6.1 Opinion of Bond Counsel; Amendments .............. ............................... 20 Section 6.2 Additional Covenants, Agreements ....................... ............................... 21 Section 6.3 Internal Revenue Service Audits ........................... ............................... 21 Section 6.4 Amendments .......................................................... ............................... 21 ARTICLE VII FURTHER CERTIFICATIONS WITH RESPECT TO REFUNDING BONDS ......................................... ............................... 21 EXHIBIT "A" PURCHASER'S CERTIFICATE .............................. ............................... 23 i TAX EXEMPTION CERTIFICATE CITY OF IOWA CITY, STATE OF IOWA THIS TAX EXEMPTION CERTIFICATE made and entered into on June 3, 2014, by the City of Iowa City, County of Johnson, State of Iowa (the "Issuer "). INTRODUCTION This Certificate is executed and delivered in connection with the issuance by the Issuer of its $11,980,000 General Obligation Bonds, Series 2014 (the "Bonds "). The Bonds are issued pursuant to the provisions of the Resolution of the Issuer authorizing the issuance of the Bonds. Such Resolution provides that the covenants contained in this Certificate constitute a part of the Issuer's contract with the owners of the Bonds. The Issuer recognizes that under the Code (as defined below) the tax- exempt status of the interest received by the owners of the Bonds is dependent upon, among other things, the facts, circumstances, and reasonable expectations of the Issuer as to future facts not in existence at this time, as well as the observance of certain covenants in the future. The Issuer covenants that it will take such action with respect to the Bonds as may be required by the Code, and pertinent legal regulations issued thereunder in order to establish and maintain the tax- exempt status of the Bonds, including the observance of all specific covenants contained in the Resolution and this Certificate. ARTICLE I DEFINITIONS The following terms as used in this Certificate shall have the meanings set forth below. The terms defined in the Resolution shall retain the meanings set forth therein when used in this Certificate. Other terms used in this Certificate shall have the meanings set forth in the Code or in the Regulations. "Annual Debt Service" means the principal of and interest on the Bonds scheduled to be paid during a given Bond Year. "Bonds" means the $11,980,000 aggregate principal amount of General Obligation Bonds, Series 2014, of the Issuer issued in registered form pursuant to the Resolution. "Bond Counsel" means Ahlers & Cooney, P.C., Des Moines, Iowa, or an attorney at law or a firm of attorneys of nationally recognized standing in matters pertaining to the tax - exempt status of interest on obligations issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any State of the United States of America. "Bond Fund" means the Sinking Fund described in the Resolution. "Bond Purchase Agreement" means the binding contract in writing for the sale of the Bonds. "Bond Year" as defined in Regulation 1.148 -1(b), means a one -year period beginning on the day after expiration of the preceding Bond Year. The first Bond Year shall be the one -year or shorter period beginning on the Closing Date and ending on a principal or interest payment date, unless Issuer selects another date. "Bond Yield" means that discount rate which produces an amount equal to the Issue Price of the Bonds when used in computing the present value of all payments of principal and interest to be paid on the Bonds, using semiannual compounding on a 360 -day year as computed under Regulation 1.148 -4. price. "Certificate" means this Tax Exemption Certificate. "Closing" means the delivery of the Bonds in exchange for the agreed upon purchase "Closing Date" means the date of Closing. "Code" means the Internal Revenue Code of 1986, as amended, and any statutes which replace or supplement the Internal Revenue Code of 1986. "Computation Date" means each five -year period from the Closing Date through the last day of the fifth and each succeeding fifth Bond Year. "Current Refunded Portion" shall mean $2,754,160.15 of the Bonds to refund the Refunded Bonds. "Excess Earnings" means the amount earned on all Nonpurpose Investments minus the amount which would have been earned if such Nonpurpose Investments were invested at a rate equal to the Bond Yield, plus any income attributable to such excess. "Final Bond Retirement Date" means the date on which the Bonds are actually paid in full. "Governmental Obligations" means direct general obligations of, or obligations the timely payment of the principal of and interest on which is unconditionally guaranteed by the United States. "Gross Proceeds" as defined in Regulation 1.148 -1(b), means any Proceeds of the Bonds and any replacement proceeds (as defined in Regulation 1.148 -1(c)) of the Bonds. "Gross Proceeds Funds" means the Project Fund, Proceeds held to pay cost of issuance, and any other fund or account held for the benefit of the owners of the Bonds or containing Gross Proceeds of the Bonds except the Bond Fund and the Rebate Fund. 2 "Issue Price" as defined in Regulation 1.148 -1(b), means the initial offering price of the Bonds to the public (not including bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of the Bonds (not less than 10% of each maturity) were sold to the public. For those maturities where less than 10% of such maturity has been sold at the initial offering price, the price for that maturity is determined as of the date of the Bond Purchase Agreement based upon the reasonably expected initial offering price to the public. The Purchasers have certified the Issue Price to be not more than $12,430,772.90. "Issuer" means the City of Iowa City, a municipal corporation in the County of Johnson, State of Iowa. "Minor Portion of the Bonds ", as defined in Regulation 1.148 -2(g), means the lesser of five (5) percent of Proceeds or $100,000. The Minor Portion of the Bonds is computed to be $100,000. "New Money Portion of the Bonds" shall mean $9,676,612.75 of the Bonds issued to pay the costs of : a. the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; b. the opening, widening, extending, grading, and draining of the right -of -way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewer, water mains and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; c. the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; d. the equipping of the fire department; e. the acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the development and beautification of the banks and other areas adjacent to flood control improvements; f. the remediation, restoration and improvement of property that has been damaged by a disaster as defined in section 29C.2 and that is located in an area 3 that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster; g. aiding in the planning, undertaking and carrying out of urban renewal projects, including sidewalk, sanitary sewer, water main, traffic controls, storm sewer improvements and streetscaping improvements; h. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the City Hall; i. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the Library; j. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including plans for the public works facility and parks; and k. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including engineering and planning for flood prevention and the purchase of downtown rental properties and improvement of said properties for return to single family residence, "Nonpurpose Investments" means any investment property which is acquired with Gross Proceeds and is not acquired to carry out the governmental purpose of the Bonds, and may include but is not limited to U.S. Treasury bonds, corporate bonds, or certificates of deposit. "Proceeds" as defined in Regulation 1.148 -1(b), means Sale Proceeds, investment proceeds and transferred proceeds of the Bonds. "Project" means the: a. aiding in the planning, undertaking and carrying out of urban renewal projects, including sidewalk, sanitary sewer, water main, traffic controls, storm sewer improvements and streetscaping improvements; b. the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; c. the opening, widening, extending, grading, and draining of the right -of -way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewer, water mains and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; ii KJ d. the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; e. the equipping of the fire department; f. the acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the development and beautification of the banks and other areas adjacent to flood control improvements; g. the remediation, restoration and improvement of property that has been damaged by a disaster as defined in section 29C.2 and that is located in an-area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster; h. 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 indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance; i. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the City Hall; j. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the Library; k. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including plans for the public works facility and parks; and 1. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including engineering and planning for flood prevention and the purchase of downtown rental properties and improvement of said properties for return to single family residence, including sums already expended that meet the requirements of Section 2.2A hereof, as more fully described in the Resolution. "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the Proceeds to pay the costs of projects described above as New Money Portion of the Bonds. As to the Current Refunded Portion, 'Project Fund" 5 shall mean the portion of the Proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. "Purchasers" means Robert W. Baird, Inc. of Milwaukee, Wisconsin, constituting the initial purchasers of the Bonds from the Issuer. "Rebate Amount" means the amount computed as described in this Certificate. "Rebate Fund" means the fund to be created, if necessary, pursuant to this Certificate. "Rebate Payment Date" means a date chosen by the Issuer which is not more than 60 days following each Computation Date or the Final Bond Retirement Date. "Refunded Bonds" means $590,000 of the $3,350,000 General Obligation Refunding Capital Loan Notes, Series 2006C, dated September 15, 2006, and $2,050,000 of the $8,870,000 General Obligation Bonds, Series 2007A, dated May 31, 2007. "Refunding Bonds" means the Current Refunded Portion of the Bonds. "Regulations" means the Income Tax Regulations, amendments and successor provisions promulgated by the Department of the Treasury under Sections 103, 148 and 149 of the Code, or other Sections of the Code relating to "arbitrage bonds ", including without limitation Regulations 1.148 -1 through 1.148 -11, 1.149(b) -1, 1.149 -d(1), 1.150 -1 and 1.150 -2. "Replacement Proceeds" include, but are not limited to, sinking funds, amounts that are pledged as security for an issue, and amounts that are replaced because of a sufficiently direct nexus to a governmental purpose of an issue. "Resolution" means the resolution of the Issuer adopted on May 6, 2014, authorizing the issuance of the Bonds. "Sale Proceeds" as defined in Regulation 1.148 -1(b), means any amounts actually or constructively received from the sale of the Bonds, including amounts used to pay underwriter's discount or compensation and accrued interest other than pre - issuance accrued interest. "Sinking Fund" means the Bond Fund. "SLGS" means demand deposit Treasury securities of the State and Local Government Series. "Tax Exempt Obligations" means bonds or other obligations the interest on which is excludable from the gross income of the owners thereof under Section 103 of the Code and include certain regulated investment companies, stock in tax- exempt mutual funds and demand deposit SLGS. r "Taxable Obligations" means all investment property, obligations or securities other than Tax Exempt Obligations. "Verification Certificate" means the certificate attached to this Certificate as Exhibit A, setting forth the offering prices at which the Purchaser will reoffer and sell the Bonds to the public. ARTICLE II SPECIFIC CERTIFICATIONS, REPRESENTATIONS AND AGREEMENTS The Issuer hereby certifies, represents and agrees as follows: Section 2.1 Authority to Certify and Expectations (a) The undersigned officer of the Issuer along with other officers of the Issuer, are charged with the responsibility of issuing the Bonds. (b) This Certificate is being executed and delivered in part for the purposes specified in Section 1.148- 2(b)(2) of the Regulations and is intended (among other purposes) to establish reasonable expectations of the Issuer at this time. (c) The Issuer has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Section 1.148- 2(b)(2) of the Regulations. (d) The certifications, representations and agreements set forth in this Article II are made on the basis of the facts, estimates and circumstances in existence on the date hereof, including the following: (1) with respect to amounts expected to be received from delivery of the Bonds, amounts actually received, (2) with respect to payments of amounts into various funds or accounts, review of the authorizations or directions for such payments made by the Issuer pursuant to the Resolution and this Certificate, (3) with respect to the Issue Price, the certifications of the Purchasers as set forth in the Verification Certificate, (4) with respect to expenditure of the Proceeds of the Bonds, actual expenditures and reasonable expectations of the Issuer as to when the Proceeds will be spent for purposes of the Project, (5) with respect to Bond Yield, review of the Verification Certificate, and (6) with respect to the amount of governmental and qualified 501(c)(3) bonds to be issued during the calendar year, the budgeting and present planning of Issuer. The Issuer has no reason to believe such facts, estimates or circumstances are untrue or incomplete in any material way. (e) To the best of the knowledge and belief of the undersigned officer of the Issuer, there are no facts, estimates or circumstances that would materially change the representations, certifications or agreements set forth in this Certificate, and the expectations herein set out are reasonable. 7 (f) No arrangement exists under which the payment of principal or interest on the Bonds would be directly or indirectly guaranteed by the United States or any agency or instrumentality thereof. (g) After the expiration of any applicable temporary periods, and excluding investments in a bona fide debt service fund or reserve fund, not more than five percent (5 %) of the Proceeds of the Bonds will be (a) used to make loans which are guaranteed by the United States or any agency or instrumentality thereof, or (b) invested in federally insured deposits or accounts. (h) The Issuer will file with the Internal Revenue Service in a timely fashion Form 8038 - G, Information Return for Tax - Exempt Governmental Obligations with respect to the Bonds and such other reports required to comply with the Code and applicable Regulations. (i) The Issuer will take no action which would cause the Bonds to become "private activity bonds" as defined in Section 141 (a) of the Code, including any use of the Project by any person other than a governmental unit if such use will be by other than a member of the general public. None of the Proceeds of the Bonds will be used directly or indirectly to make or finance loans to any person other than a governmental unit. 0) The Issuer will make no change in the nature or purpose of the Project except as provided in Section 6.1 hereof. (k) Except as provided in the Resolution, the Issuer will not establish any sinking fund, bond fund, reserve fund, debt service fund or other fund reasonably expected to be used to pay debt service on the Bonds (other than the Bond Fund), exercise its option to redeem Bonds prior to maturity or effect a refunding of the Bonds. (1) No bonds or other obligations of the Issuer (1) were sold in the 15 days preceding the date of sale of the Bonds, (2) were sold or will be sold within the 15 days after the date of sale of the Bonds, (3) have been delivered in the past 15 days or (4) will be delivered in the next 15 days pursuant to a common plan of financing for the issuance of the Bonds and payable out of substantially the same source of revenues. (in) None of the Proceeds of the Bonds will be used directly or indirectly to replace funds of the Issuer used directly or indirectly to acquire obligations having a yield higher than the Bond Yield. (n) No portion of the Bonds is issued for the purpose of investing such portion at a higher yield than the Bond Yield. (o) The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause them to be "arbitrage bonds" as defined in Section 148(a) of the Code. The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause the interest on the Bonds to be includible in the gross income of the owners of the Bonds under the Code. The Issuer will not intentionally use any portion of the Proceeds to acquire higher yielding investments. (p) The Issuer will not use the Proceeds of the Bonds to exploit the difference between tax- exempt and taxable interest rates to obtain a material financial advantage. (c) The Issuer has not issued more Bonds, issued the Bonds earlier, or allowed the Bonds to remain outstanding longer than is reasonably necessary to accomplish the governmental purposes of the Bonds and in fact, the Bonds will not remain outstanding longer than 120% of the economic useful life of the assets financed with the Proceeds of the Bonds. (r) The Bonds will not be Hedge Bonds as described in Section 149(g)(3) of the Code because the Issuer reasonably expects that it will meet the Expenditure test set forth in Section 2.5(b) hereof and that 50% or more of the Proceeds will not be invested in Nonpurpose Investments having a substantially guaranteed yield for four or more years. (s) The Issuer has not employed a device in connection with the issuance of the Current Refunded Portion of the Bonds to obtain a material financial advantage (based on arbitrage) apart from savings attributable to lower interest rates. The Issuer will not realize any material financial advantage (based on arbitrage or otherwise) in connection with the issuance of the Bonds, or in connection with any transaction or series of transactions connected with the issuance of the Bonds, apart from savings attributable to lower interest rates. Except for costs of issuance, all Sale Proceeds and investment earnings thereon will be expended for costs of the type that would be chargeable to capital accounts under the Code pursuant to federal income tax principles if the Issuer were treated as a corporation subject to federal income taxation. Section 2.2 Receipts and Expenditures of Sale Proceeds Sale Proceeds ($11,980,000 plus a premium of $450,772.90 minus an underwriter's discount of $60,413.25) received at Closing are expected to be deposited and expended as follows: (a) $ -0- representing pre - issuance accrued interest will be deposited into the Bond Fund and will be used to pay a portion of the interest accruing on the Bonds on the first interest payment date; and (b) $60,350 representing costs of issuing the Bonds will be used within six months of the Closing Date to pay the costs of issuance of the Bonds (with any excess remaining on deposit in the Project Fund); and (c) As to the New Money Portion, $9,575,763.46 will be deposited into the Project Fund and will be used together with earnings thereon to pay the costs of the Project and will not exceed the amount necessary to accomplish the governmental purposes of the Bonds. As to the Current Refunded Portion, $2,742,539.84 will be used together with earnings thereon to pay the principal, interest and redemption premium, if any, on the Refunded Bonds; and 0 (d) $246.18 in additional proceeds to be returned to the City. Section 2.2A Reimbursement Bonds - New Money Portion Only (a) Not later than 60 days after payment of Original Expenditures, the Issuer has adopted an Official Intent and has declared its intention to make a Reimbursement Allocation of Original Expenditures incurred in connection with Project Segment(s) from proceeds of the Reimbursement Bonds. (b) The Reimbursement Allocation will occur on or before the later of (i) eighteen months after the Original Expenditures are paid or (ii) eighteen months after the first Project Segment is placed in service, but in no event more than three years after the Original Expenditures are paid. (c) No other Reimbursement Allocation will be made except for Preliminary Expenditures. (d) The Reimbursement Allocation has not been undertaken to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements and will not employ an abusive arbitrage device under Regulation 1.148 -10. (e) Within one year of the Closing Date, the Reimbursement Allocation will not be used in a manner that results in the creation of replacement proceeds, as defined in Regulation 1.148- 1. (f) For purposes of Section 2.2A, the following terms shall have the meanings set forth below: (i) "Official Intent" means a declaration of intent described under Regulation 1.150 -2 to reimburse Original Expenditures with the proceeds of the Bonds. (ii) "Original Expenditure" means an expenditure for a governmental purpose that is originally paid from a source other than the Reimbursement Bonds. (iii) "Preliminary Expenditures ", as defined in Regulation 1.150- 2(f)(2), means architectural, engineering, surveying, soil tests, Reimbursement Bond issuance costs, and similar costs incurred prior to commencement of construction, rehabilitation or acquisition of a Project Segment which do not exceed 20% of the Issue Price of the portion of the Bonds that finances the Project Segment for which they were incurred. (iv) "Project Segment" means the costs, described in an Official Intent of the Issuer, incurred prior to the Closing Date to acquire, construct, or improve land, buildings or equipment excluding current operating expenses but including costs of issuing the Reimbursement Bonds. 10 (v) "Reimbursement Allocation" means written evidence of the use of Reimbursement Bond proceeds to reimburse a fund of the Issuer for Original Expenditures paid or advanced prior to the Closing Date and incurred in connection with a Project Segment. (vi) "Reimbursement Bonds" means the portion of the Bonds which are allocated to reimburse the Original Expenditures paid prior to the Closing Date and incurred in connection with a Project Segment.] Section 2.3 Purpose of Bonds The Issuer is issuing the New Money Portion of the Bonds to pay the costs of the projects defined above as the New Money Portion of the Bonds. The Issuer is issuing the Current Refunding Portion of the Bonds to refund the Refunded Bonds prior to maturity in order to realize debt service savings due to lower interest rates payable on the Refunding Bonds. Section 2.4 Facts Supporting Tax- Exemption Classification Governmental Bonds Private Business Use/Private_Security or Payment Tests The Bonds are considered to be governmental bonds, not subject to the provisions of the alternate minimum tax. The Proceeds will be used for the purposes described in Section 2.3 hereof. These bonds are not private activity bonds because no amount of Proceeds of the Refunded Bonds or Bonds were used or is to be used in a trade or business carried on by a non - governmental unit. Rather, the Proceeds will be used to finance the general government operations and facilities of the Issuer described in Section 2.3 hereof. None of the payment of principal or interest on the Bonds will be derived from, or secured by, money or property used in a trade or business of a non - governmental unit. In addition, none of the governmental operations or facilities of the Issuer being financed with the Proceeds of the Bonds are subject to any lease, management contract or other similar arrangement or to any arrangement for use other than as by the general public. Private Loan Financing Test No amount of Proceeds of the Refunded Bonds or Bonds were used or is to be used directly or indirectly to make or finance loans to persons other than governmental units. Refunding of Governmental or Private Activity Exempt Facilily Bonds (where Refunded Bonds must meet requirements) The Issuer will use the Proceeds of the Current Refunded Portion of the Bonds to refund the Refunded Bonds. The Issuer has complied with the covenants and restrictions with respect to 11 arbitrage and investment requirements, yield restrictions, and post- closing restrictions on reissuance, reimbursement and change in use imposed by the Code and Regulations on the Refunded Bonds since the issue date of the Refunded Bonds so as to maintain the tax- exempt status of the interest on the Refunded Bonds. The Issuer will comply with all certifications set forth in Article VIII herein. The Issuer has complied with and will continue to comply with all rebate requirements applicable to the Refunded Bonds. Section 2.5 Facts Supporting Temporary Periods for Proceeds (a) Time Test. Not later than six months after the Closing Date, the Issuer will incur a substantial binding obligation to a third party to expend at least 5% of the net Sale Proceeds of the Bonds. (b) Expenditure Test. Not less than 85% of the net Sale Proceeds will be expended for Project costs, including the reimbursement of other funds expended to date, within a three -year temporary period from the Closing Date. (c) Due Diligence Test. Not later than six months after Closing, work on the New Money Portion of the Project will have commenced and will proceed with due diligence to completion. (d) Due Diligence Test. The Issuer has incurred a substantial binding obligation to accomplish the refunding. The refunding will proceed with due diligence to completion. (e) Proceeds of the Bonds representing less than six months accrued interest on the Bonds will be spent within six months of this date to pay interest on the Bonds, and will be invested without restriction as to yield for a temporary period not in excess of six months. Section 2.6 Resolution Funds at Restricted or Unrestricted Yield (a) Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer has not and does not expect to create or establish any other bond fund, reserve fund, or similar fund or account for the Bonds. The Issuer has not and will not pledge any moneys or Taxable Obligations in order to pay debt service on the Bonds or restrict the use of such moneys or Taxable Obligations so as to give reasonable assurances of their availability for such purposes. (b) Any monies which are invested beyond a temporary period are expected to constitute less than a major portion of the Bonds or to be restricted for investment at a yield not greater than one - eighth of one percent above the Bond Yield. (c) The Issuer has established and will use the Bond Fund primarily to achieve a proper matching of revenues and debt service within each Bond Year and the Issuer will apply moneys deposited into the Bond Fund to pay the principal of and interest on the Bonds. Such Fund will be depleted at least once each Bond Year except for a reasonable carryover amount. The 12 carryover amount will not exceed the greater of (1) one year's earnings on the Bond Fund or (2) one - twelfth of Annual Debt Service. The Issuer will spend moneys deposited from time to time into such fund within 13 months after the date of deposit. Revenues, intended to be used to pay debt service on the Bonds, will be deposited into the Bond Fund as set forth in the Resolution. The Issuer will spend interest earned on moneys in such fund not more than 12 months after receipt. Accordingly, the Issuer will treat the Bond Fund as a bona fide debt service fund as defined in Regulation 1.148 -1(b). Investment of amounts on deposit in the Bond Fund will not be subject to arbitrage rebate requirements as the Bonds meet the safe harbor set forth in Regulation 1.148 -3(k), because the average annual debt service on the Bonds will not exceed $2,500,000. (d) The Minor Portion of the Bonds will be invested without regard to yield. Section 2.7 Pertaining to Yields (a) The purchase price of all Taxable Obligations to which restrictions apply under this Certificate as to investment yield or rebate of Excess Earnings, if any, has been and shall be calculated using (i) the price taking into account discount, premium and accrued interest, as applicable, actually paid or (ii) the fair market value if less than the price actually paid and if such Taxable Obligations were not purchased directly from the United States Treasury. The Issuer will acquire all such Taxable Obligations directly from the United States Treasury or in an arm's length transaction without regard to any amounts paid to reduce the yield on such Taxable Obligations. The Issuer will not pay or permit the payment of any amounts (other than to the United States) to reduce the yield on any Taxable Obligations. Obligations pledged to the payment of debt service on the Bonds, after they have been acquired by the Issuer will be treated as though they were acquired for their fair market value on the date of such pledge or deposit. (b) Qualified guarantees have not been used in computing yield. (c) The Bond Yield has been computed as not less than 1.6061838589 percent. This Bond Yield has been computed on the basis of a purchase price for the Bonds equal to the Issue Price. ARTICLE III REBATE Section 3.1 Records Sale Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer will maintain adequate records for funds created by the Resolution and this Certificate including all deposits, withdrawals, transfers from, transfers to, investments, reinvestments, sales, purchases, redemptions, liquidations and use of money or obligations until six years after the Final Bond Retirement Date. 13 Section 3.2 Rebate Fund (a) In the Resolution, the Issuer has covenanted to pay to the United States the Rebate Amount, an amount equal to the Excess Earnings on the Gross Proceeds Funds, if any, at the times and in the manner required or permitted and subject to stated special rules and allowable exceptions. (b) The Issuer may establish a fund pursuant to the Resolution and this Certificate which is herein referred to as the Rebate Fund. The Issuer will invest and expend amounts on deposit in the Rebate Fund in accordance with this Certificate. (c) Moneys in the Rebate Fund shall be held by the Issuer or its designee and, subject to Sections 3.4, 3.5 and 6.1 hereof, shall be held for future payment to the United States as contemplated under the provisions of this Certificate and shall not constitute part of the trust estate held for the benefit of the owners of the Bonds or the Issuer. (d) The Issuer will pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States. Section 3.3 Exceptions to Rebate The Issuer reasonably expects that the Bonds are eligible for one or more exceptions from the arbitrage rebate rules set forth in the Regulations. If any Proceeds are ineligible, or become ineligible, for an exception to the arbitrage rebate rules, the Issuer will comply with the provisions of this Article III. A description of the applicable rebate exceptions is as follows: • Six Month Exception — as to the New Money Portion and Refunding Portion The Gross Proceeds of the Bonds are expected to be fully expended for the governmental purposes for which the Bonds were issued no later than six months after the date of issue. If contrary to the reasonable expectations of the Issuer, the Gross Proceeds are not expended within six months, the Issuer will comply with the arbitrage rebate requirements of the Code. • Eighteen -Month Exception — as to the New Money Portion The Gross Proceeds of the Bonds are expected to be expended for the governmental purposes for which the Bonds were issued in accordance with the following schedule: 1) 15 percent spent within six months of the Closing Date; 2) 60 percent spent within one year of the Closing Date; 3) 100 percent spent within eighteen months of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within 30 months of the Closing Date. For purposes of determining compliance with the six -month and twelve- 14 month spending periods, the amount of investment earnings included shall be based on the Issuer's reasonable expectations that the average annual interest rate on investments will be not more than 6 %. For purposes of determining compliance with the eighteen -month spending period, the amount of investment earnings included shall be based on actual earnings. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. 0 Election with respect to future earnings — as to the New Money Portion Pursuant to Section 1.148- 7(h)(i)(3) of the Regulations, the Issuer shall calculate the amount of future earnings to be used in determining compliance with the first three spending periods based on its reasonable expectations that the average annual interest rate on investments of the ACP will be not more than 5 %. Compliance with the final spending period shall be calculated using actual earnings. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. Section 3.4 Calculation of Rebate Amount (a) As soon after each Computation Date as practicable, the Issuer shall, if necessary, calculate and determine the Excess Earnings on the Gross Proceeds Funds (the "Rebate Amount "). All calculations and determinations with respect to the Rebate Amount will be made on the basis of actual facts as of the Computation Date and reasonable expectations as to future events. (b) If the Rebate Amount exceeds the amount currently on deposit in the Rebate Fund, the Issuer may deposit an amount in the Rebate Fund such that the balance in the Rebate Fund after such deposit equals the Rebate Amount. If the amount in the Rebate Fund exceeds the Rebate Amount, the Issuer may withdraw such excess amount provided that such withdrawal can be made from amounts originally transferred to the Rebate Fund and not from earnings thereon, which may not be transferred, and only if such withdrawal may be made without liquidating investments at a loss. Section 3.5 Rebate Requirements and the Bond Fund It is expected that the Bond Fund described in the Resolution and Section 2.6(c) of this Certificate will be treated as a bona fide debt service fund as defined in Regulation 1.148 -1(b). As such, any amount earned during a Bond Year on the Bond Fund and amounts earned on such amounts, if allocated to the Bond Fund, will not be taken into account in calculating the Rebate Amount if the annual gross earnings on the Bond Fund for such Bond Year are less than $100,000 or if average annual debt service will not exceed $2,500,000. However, should annual gross earnings exceed $100,000 or should the Bond Fund cease to be treated as a bona fide debt service fund, the Bond Fund will become subject to the rebate requirements set forth in Section 3.4 hereof. 15 Section 3.6 Investment of the Rebate Fund (a) Immediately upon a transfer to the Rebate Fund, the Issuer may invest all amounts in the Rebate Fund not already invested and held in the Rebate Fund, to the extent possible, in (1) SLGS, such investments to be made at a yield of not more than one - eighth of one percent above the Bond Yield, (2) Tax Exempt Obligations, (3) direct obligations of the United States or (4) certificates of deposit of any bank or savings and loan association. All investments in the Rebate Fund shall be made to mature not later than the next Rebate Payment Date. (b) If the Issuer invests in SLGS, the Issuer shall file timely subscription forms for such securities (if required). To the extent possible, amounts received from maturing SLGS shall be reinvested immediately in zero yield SLGS maturing on or before the next Rebate Payment Date. Section 3.7 Payment to the United States (a) On each Rebate Payment Date, the Issuer will pay to the United States at least ninety percent (90 %) of the Rebate Amount less a computation credit of $1,000 per Bond Year for which the payment is made. (b) The Issuer will pay to the United States not later than sixty (60) days after the Final Bond Retirement Date all the rebatable arbitrage as of such date and any income attributable to such rebatable arbitrage as described in Regulation 1.148 - 3(0(2). (c) If necessary, on each Rebate Payment Date, the Issuer will mail a check to the Internal Revenue Service Center, Ogden, UT 84201. Each payment shall be accompanied by a copy of Form 8038 -T, Arbitrage Rebate, filed with respect to the Bonds or other information reporting form as is required to comply with the Code and applicable Regulations.. Section 3.8 Records (a) The Issuer will keep and retain adequate records with respect to the Bonds, the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund until six years after the Final Bond Retirement Date. Such records shall include descriptions of all calculations of amounts transferred to the Rebate Fund, if any, and descriptions of all calculations of amounts paid to the United States as required by this Certificate. Such records will also show all amounts earned on moneys invested in such funds, and the actual dates and amounts of all principal, interest and redemption premiums (if any) paid on the Bonds. (b) Records relating to the investments in such Funds shall completely describe all transfers, deposits, disbursements and earnings including: (i) a complete list of all investments and reinvestments of amounts in each such Fund including, if applicable, purchase price, purchase date, type of security, accrued interest paid, interest rate, dated date, principal amount, date of maturity, interest payment dates, date of liquidation, receipt upon liquidation, market value of such investment on the Final Bond Retirement Date if held by the Issuer on the Final Bond Retirement Date, and 16 market value of the investment on the date pledged to the payment of the Bonds or the Closing Date if different from the purchase date. (ii) the amount and source of each payment to, and the amount, purpose and payee of each payment from, each such Fund. Section 3.9 Additional Payments The Issuer hereby agrees to pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States, but which is not available in a fund related to the Bonds for transfer to the Rebate Fund or payment to the United States. ARTICLE IV INVESTMENT RESTRICTIONS Section 4.1 Avoidance of Prohibited Payments The Issuer will not enter into any transaction that reduces the amount required to be deposited into the Rebate Fund or paid to the United States because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to either party. The Issuer will not invest or direct the investment of any funds in a manner which reduces an amount required to be paid to the United States because such transaction results in a small profit or larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to the Issuer. In particular, notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will not invest or direct the investment of any funds in a manner which would violate any provision of this Article IV. Section 4.2 Market Price Requirement (a) The Issuer will not purchase or direct the purchase of Taxable Obligations for more than the then available market price for such Taxable Obligations. The Issuer will not sell, liquidate or direct the sale or liquidation of Taxable Obligations for less than the then available market price. (b) For purposes of this Certificate, United States Treasury obligations purchased directly from the United States Treasury will be deemed to be purchased at the market price. Section 4.3 Investment in Certificates of Deposit (a) Notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will invest or direct the investment of funds on deposit in any Gross Proceeds Fund, the Bond Fund, and the Rebate Fund, in a certificate of deposit of a bank or savings bank which is permitted by law and by the Resolution only if the purchase price of such a certificate of deposit 17 is treated as its fair market value on the purchase date and if the yield on the certificate of deposit is not less than (1) the yield on reasonably comparable direct obligations of the United States; and (2) the highest yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public. (b) The certificate of deposit described in paragraph 4.3(a) above must be executed by a dealer who maintains an active secondary market in comparable certificates of deposit and must be based on actual trades adjusted to reflect the size and term of that certificate of deposit and the stability and reputation of the bank or savings bank issuing the certificate of deposit. Section 4.4 Investment Pursuant to Investment Contracts and Agreements The Issuer will invest or direct the investment of funds on deposit in the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund pursuant to an investment contract (including a repurchase agreement) only if all of the following requirements are satisfied: (a) The Issuer makes a bona fide solicitation for the purchase of the investment. A bona fide solicitation is a solicitation that satisfies all of the following requirements: (1) The bid specifications are in writing and are timely forwarded to potential providers. (2) The bid specifications include all material terms of the bid. A term is material if it may directly or indirectly affect the yield or the cost of the investment. (3) The bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other potential provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the issuer or any other person (whether or not in connection with the Bonds), and that the bid is not being submitted solely as a courtesy to the issuer or any other person for purposes of satisfying the requirements of paragraph (d)(6)(iii)(11)(1) or (2) of section 1.148 -5 of the Regulations. (4) The terms of the bid specifications are commercially reasonable. A term is commercially reasonable if there is a legitimate business purpose for the term other than to increase the purchase price or reduce the yield of the investment. (5) For purchases of guaranteed investment contracts only, the terms of the solicitation take into account the Issuer's reasonably expected deposit and drawdown schedule for the amounts to be invested. (6) All potential providers have an equal opportunity to bid and no potential provider is given the opportunity to review other bids (i.e., a last look) before providing a bid. 18 (7) At least three reasonably competitive providers are solicited for bids. A reasonably competitive provider is a provider that has an established industry reputation as a competitive provider of the type of investments being purchased. (b) The bids received by the Issuer meet all of the following requirements: (1) The Issuer receives at least three bids from providers that the Issuer solicited under a bona fide solicitation meeting the requirements of paragraph (d)(6)(iii)(A) of section 1.148 -5 of the Regulations and that do not have a material financial interest in the issue. A lead underwriter in a negotiated underwriting transaction is deemed to have a material financial interest in the issue until 15 days after the issue date of the issue. In addition, any entity acting as a financial advisor with respect to the purchase of the investment at the time the bid specifications are forwarded to potential providers has a material financial interest in the issue. A provider that is a related parry to a provider that has a material financial interest in the issue is deemed to have a material financial interest in the issue. (2) At least one of the three bids described in paragraph (d)(6)(iii)(B)(1) of section 1.148 -5 of the Regulations is from a reasonably competitive provider, within the meaning of paragraph (d)(6)(iii)(A)(7) of section 1.148 -5 of the Regulations. (3) If the Issuer uses an agent to conduct the bidding process, the agent did not bid to provide the investment. (c) The winning bid meets the following requirements: (1) Guaranteed investment contracts. If the investment is a guaranteed investment contract, the winning bid is the highest yielding bona fide bid (determined net of any broker's fees). (2) Other investments. If the investment is not a guaranteed investment contract, the winning bid is the lowest cost bona fide bid (including any broker's fees). (d) The provider of the investments or the obligor on the guaranteed investment contract certifies the administrative costs that it pays (or expects to pay, if any) to third parties in connection with supplying the investment. (e) The Issuer will retain the following records with the bond documents until three years after the last outstanding bond is redeemed: (1) For purchases of guaranteed investment contracts, a copy of the contract, and for purchases of investments other than guaranteed investment contracts, the purchase agreement or confirmation. (2) The receipt or other record of the amount actually paid by the Issuer for the investments, including a record of any administrative costs paid by the Issuer, and 19 the certification under paragraph (d)(6)(iii)(D) of section 1.148 -5 of the Regulations. (3) For each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results. (4) The bid solicitation form and, if the terms of the purchase agreement or the guaranteed investment contract deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation. (5) For purchases of investments other than guaranteed investment contracts, the cost of the most efficient portfolio of State and Local Government Series Securities, determined at the time that the bids were required to be submitted pursuant to the terms of the bid specifications. Section 4.5 Records The Issuer will maintain records of all purchases, sales, liquidations, investments, reinvestments, redemptions, disbursements, deposits, and transfers of amounts on deposit. Section 4.6 Investments to be Legal All investments required to be made pursuant to this Certificate shall be made to the extent permitted by law. In the event that any such investment is determined to be ultra vires, it shall be liquidated and the proceeds thereof shall be invested in a legal investment, provided that prior to reinvesting such proceeds, the Issuer shall obtain an opinion of Bond Counsel to the effect that such reinvestment will not cause the Bonds to become arbitrage bonds under Sections 103, 148, 149, or any other applicable provision of the Code. ARTICLE V GENERAL COVENANTS The Issuer hereby covenants to perform all acts within its power necessary to ensure that the reasonable expectations set forth in Article II hereof will be realized. The Issuer reasonably expects to comply with all covenants contained in this Certificate. ARTICLE VI AMENDMENTS AND ADDITIONAL AGREEMENTS Section 6.1 Opinion of Bond Counsel, Amendments The various provisions of this Certificate need not be observed and this Certificate may be amended or supplemented at any time by the Issuer if the Issuer receives an opinion or 20 opinions of Bond Counsel that the failure to comply with such provisions will not cause any of the Bonds to become "arbitrage bonds" under the Code and that the terms of such amendment or supplement will not cause any of the Bonds to become "arbitrage bonds" under the Code, or otherwise cause interest on any of the Bonds to become includable in gross income for federal income tax purposes. Section 6.2 Additional Covenants, Agreements The Issuer hereby covenants to make, execute and enter into (and to take such actions, if any, as may be necessary to enable it to do so) such agreements as may be necessary to comply with any changes in law or regulations in order to preserve the tax- exempt status of the Bonds to the extent that it may lawfully do so. The Issuer further covenants (1) to impose such limitations on the investment or use of moneys or investments related to the Bonds, (2) to make such payments to the United States Treasury, (3) to maintain such records, (4) to perform such calculations, and (5) to perform such other lawful acts as may be necessary to preserve the tax - exempt status of the Bonds. Section 6.3 Internal Revenue Service Audits The Internal Revenue Service has not audited the Issuer regarding any obligations issued by or on behalf of the Issuer. To the best knowledge of the Issuer, no such obligations of the Issuer are currently under examination by the Internal Revenue Service. Section 6.4 Amendments Except as otherwise provided in Section 6.1 hereof, all the rights, powers, duties and obligations of the Issuer shall be irrevocable and binding upon the Issuer and shall not be subject to amendment or modification by the Issuer. ARTICLE VII FURTHER CERTIFICATIONS WITH RESPECT TO REFUNDING BONDS (a) Property financed with the Proceeds of the Refunded Bonds will not be sold or disposed of, in whole or in part, prior to the last maturity date of either the obligations or the last maturity of the Bonds. (b) All of the Proceeds of the Refunded Bonds were used to provide facilities used in the regular operations of the Issuer and neither the facilities nor the output thereof have been or are expected to be used in the trade or business of any person other than the Issuer. (c) Reimbursement Allocations and Original Expenditures, if any, reimbursed from proceeds of the Refunded Bonds complied with the Reimbursement Regulations in effect at the time of issuance of the Refunded Bonds. 21 (d) The Proceeds of the Refunding Bonds will be used for a current refunding and the Refunding Bonds are issued not more than 90 days before the last expenditure of any Proceeds of the Refunding Bonds for payment of debt service on the Refunded Bonds. The Proceeds of the Refunding Bonds will be invested in materially higher yield acquired obligations for a temporary period of not to exceed 90 days. (e) No Proceeds of the Refunded Bonds remain unspent. No sinking fund has been established for the Refunded Bonds. No amount of proceeds of the Refunded Bonds are invested for a temporary period or as part of a minor portion of the Refunded Bonds. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be executed by its duly authorized officer, all as of the day first above written. (SEAL) 1 \ Finance Director, City of Iowa City, State of Iowa KOJI EXHIBIT "A" PURCHASER'S CERTIFICATE I, the undersigned, do hereby certify that I am the , of Robert W. Baird, Inc. of Milwaukee, Wisconsin (the "Purchaser "), hereby certifies as follows: 1. That the Purchaser and the City of Iowa City (the "Issuer "), have entered into a contract (the "Contract ") dated May 6, 2014 (the "Sale Date "), concerning purchase by the Purchaser from Issuer of $11,980,000 General Obligation Bonds, Series 2014, dated June 3, 2014 (the "Bonds "). 2. That the Contract is in full force and effect and has not been repealed, rescinded or amended. 3. That the Purchaser hereby confirms that all of the Bonds have been the subject of a bona fide initial offering to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters, placement agents, or wholesalers) (the "Public ") at the price for each maturity of the Bonds as shown on the Final Official Statement related to the issuance of the Bonds, and any addenda thereto (the "Price "); and that in offering the Bonds to the Public, the Purchaser did not reserve or hold back any Bonds for itself, its affiliates or its affiliated accounts or for any other person not part of the Public. For purposes of this Certificate, "affiliate" means any company that controls, is controlled by, or is under common control with the Purchaser, and "affiliated account" means any account of the Purchaser or its affiliates that is controlled by the Purchaser or an affiliate or in which the Purchaser or an affiliate has a beneficial ownership. 4. That on the Sale Date based upon the Purchaser's assessment of then prevailing market conditions, the Price for the Bonds of each maturity did not exceed the fair market value to the Public of the Bonds of such maturity as of the Sale Date. 5. That as of the Sale Date the Purchaser reasonably expected that (a) the first sale to the Public of an amount of Bonds of each maturity equal to ten percent or more of such maturity of Bonds (the "First Substantial Block ") would be at the Price for such maturity and (b) no Bonds of any maturity would be sold at a higher price before the First Substantial Block of Bonds of such maturity was sold to the Public at the Price, and that, in addition, accrued interest to the date of issuance of the Bonds by the Issuer will be paid by the investors purchasing the Bonds. 6. That the Purchaser agrees that based upon the Price reflected herein the arbitrage yield on the Bonds is 1.6061838589 %, and that the weighted average maturity of the Bonds based on the Price reflected herein is 4.9298 years. 7. That the undersigned is a duly authorized representative of the Purchaser, with the power to make the representations herein. IN WITNESS HERETO, I affix my signature this day of 2014. ROBERT W. BAIRD, INC. (PURCHASER) By: _ Title: (Attach copy of coversheet of Final Official Statement) 01019229 -1 \10714 -117 CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate ") is executed and delivered by the City of Iowa City, State of Iowa (the "Issuer "), in connection with the issuance of $11,980,000 General Obligation Bonds, Series 2014 (the "Bonds ") dated June 3, 2014. The Bonds are being issued pursuant to a Resolution of the Issuer approved on May 6, 2014 (the "Resolution "). The Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2- 12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Business Day" shall mean a day other than a Saturday or a Sunday or a day on which banks in Iowa are authorized or required by law to close. "Dissemination Agent" shall mean the Issuer or any Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Holders" shall mean the registered holders of the Bonds, as recorded in the registration books of the Registrar. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "Municipal Securities Rulemaking Board" or "MSRB" shall mean the Municipal Securities Rulemaking Board, 1900 Duke Street, Suite 600, Alexandria, VA 22314. "National Repository" shall mean the MSRB's Electronic Municipal Market Access website, a/k/a "EMMA" (emma.msrb.org). "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean Rule 15c2- 12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Iowa. SECTION 3. Provision of Annual Reports. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than two hundred ten (2 10) days after the end of the Issuer's fiscal year (presently June 30th), commencing with the report for the 2013/2014 fiscal year, provide to the National Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report must be submitted in such format as is required by the MSRB (currently in "searchable PDF" format). The Annual Report may be submitted as a single document or as separate documents comprising a package. The Annual Report may cross - reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) If the Issuer is unable to provide to the National Repository an Annual Report by the date required in subsection (a), the Issuer shall send a notice to the Municipal Securities Rulemaking Board, if any, in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) each year file the Annual Report with the National Repository; and (ii) (if the Dissemination Agent is other than the Issuer), file a report with the Issuer certifying that the Annual Report has been filed pursuant to this Disclosure Certificate, stating the date it was filed. SECTION 4. Content of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the following: 2 (a) The last available audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under State law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with generally accepted accounting principles, noting the discrepancies therefrom and the effect thereof. If the Issuer's audited financial statements for the preceding years are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) A table, schedule or other information contained in the Official Statement under the captions "City Property Values" and "City Indebtedness ". Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been filed with the National Repository. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Significant Events. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not later than 10 Business Days after the day of the occurrence of the event; (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements relating to the Bonds reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax- exempt status of the Series Bonds, or material events affecting the tax- exempt status of the Bonds; (7) Modifications to rights of Holders of the Bonds, if material; (8) Bond calls (excluding sinking fund mandatory redemptions), if material, and tender offers; (9) Defeasances of the Bonds; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes on the Bonds; (12) Bankruptcy, insolvency, receivership or similar event of the Issuer; (13) The consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. (b) Whenever the Issuer obtains the knowledge of the occurrence of a Listed Event, the Issuer shall determine if the occurrence is subject to notice only if material, and if so shall as soon as possible determine if such event would be material under applicable federal securities laws. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event is not subject to materiality, or determines such occurrence is subject to materiality and would be material under applicable federal securities laws, the Issuer shall promptly, but not later than 10 Business Days after the occurrence of the event, file a notice of such occurrence with the Municipal Securities Rulemaking Board through the filing with the National Repository. 19 SECTION 6. Termination of Resorting Obligation. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or upon the Issuer's receipt of an opinion of nationally recognized bond counsel to the effect that, because of legislative action or final judicial action or administrative actions or proceedings, the failure of the Issuer to comply with the terms hereof will not cause Participating Underwriters to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Section 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made will present a comparison or other discussion in narrative form (and also, if feasible, in quantitative form) describing or illustrating the material differences between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. Direct, indirect, consequential and punitive damages shall not be recoverable by any person for any default hereunder and are hereby waived to the extent permitted by law. A default under this Disclosure Certificate shall not be deemed an event of default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 11. Duties Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. 2 Date: P day of June, 2014. CITY OF IOWA CITY, STATE OF IOWA By. Mayor ATTEST: By: City rk EXHIBIT A NOTICE TO NATIONAL REPOSITORY OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: City of Iowa City, Iowa. Name of Bond Issue: $11,980,000 General Obligation Bonds, Series 2014 Dated Date of Issue: June 3, 2014 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above - named Bonds as required by Section 3 of the Continuing Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer anticipates that the Annual Report will be filed by Dated: day of , CITY OF IOWA CITY, STATE OF IOWA By: Its: 01008966 -1 \10714 -117 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Iowa City, State of Iowa. Date of Meeting: May 6, 2014. Time of Meeting: 7:00 o'clock P.M. Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for the meeting is as follows: $ 119 O00 General Obligation Bonds, Series 2014. Approval of Tax Exemption Certificate. Approval of Continuing Disclosure Certificate. Resolution authorizing the issuance. Such additional matters as are set forth on the additional /(p page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body. City Clerk, City of Iowa City, State of Iowa v May 6, 2014 The City Council of the City of Iowa City, State of Iowa, met in open session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton Absent: None -1- Council Member Payne moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Dobyns seconded the motion. The roll was called and the vote was, AYES: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton NAYS: Council Member Payne moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Dobyns seconded the motion. The roll was called and the vote was, AYES: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton NAYS: None Council Member Payne introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $11,980,000 GENERAL OBLIGATION BONDS, SERIES 2014, AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Dobyns seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Botchway, Dickens, Dobyns, Hayek Mims, Payne, Throgmorton NAYS: None -2- Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $11,980,000 GENERAL OBLIGATION BONDS, SERIES 2014, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City is in need of funds to pay costs of: a. the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; b. the opening, widening, extending, grading, and draining of the right -of -way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewer, water mains and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; c. the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; d. the equipping of the fire department; e. the acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the development and beautification of the banks and other areas adjacent to flood control improvements; f. the remediation, restoration and improvement of property that has been damaged by a disaster as defined in section 29C.2 and that is located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster; and g. 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 indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, -3- essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds to the amount of not to exceed $8,350,000 be authorized for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds, Series 2014 thereof; and WHEREAS, the City is also in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects, including sidewalk, sanitary sewer, water main, traffic controls, storm sewer improvements and streetscaping improvements, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of not to exceed $3,200,000 be authorized for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and no petitions for referendum having been received, the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds, Series 2014 thereof; and WHEREAS, the City is also in need of funds to pay costs of the construction, reconstruction, enlargement, improvement, furnishing and equipping of the City Hall, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of not to exceed $300,000 be authorized for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds, Series 2014 thereof; and WHEREAS, the City is also in need of funds to pay costs of construction, reconstruction, enlargement, improvement, furnishing and equipping of the Library, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of not to exceed $150,000 be authorized for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds, Series 2014 thereof; and WHEREAS, the City is also in need of funds to pay costs of any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including plans for the public works facility and parks, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of not to exceed $400,000 be authorized for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds, Series 2014 thereof; and WHEREAS, the City is also in need of funds to pay costs of any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including engineering and planning for flood prevention and the purchase of downtown rental properties and improvement of said properties for return to single family residence, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of not to exceed $550,000 be authorized for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5) of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of General Obligation Bonds, Series 2014 thereof; and WHEREAS, pursuant to Sections 384.24, 384.24A and 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $11,980,000 Corporate Purpose General Obligation Bonds, Series 2014, 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 IOWA CITY, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: -5- ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof ❑ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. ❑ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ❑ "Bonds" shall mean $11,980,000 General Obligation Bonds, Series 2014, authorized to be issued by this Resolution. ❑ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. ❑ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ❑ "Current Refunded Portion" shall mean $2,660,000 of the bonds to refund the Refunded Bonds. ❑ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ❑ "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book -entry securities depository appointed for the Bonds. ❑ "Issuer" and "City" shall mean the City of Iowa City, State of Iowa. ❑ "New Money Portion" shall mean $9,320,000 of the bonds issued to pay the costs of: a. aiding in the planning, undertaking and carrying out of urban renewal projects, including sidewalk, sanitary sewer, water main, traffic controls, storm sewer improvements and streetscaping improvements; b. the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; c. the opening, widening, extending, grading, and draining of the right -of- way of streets, highways, avenues, alleys and public grounds; the construction, M reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewer, water mains and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; d. the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; e. the equipping of the fire department; f. the acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the development and beautification of the banks and other areas adjacent to flood control improvements; g. the remediation, restoration and improvement of property that has been damaged by a disaster as defined in section 29C.2 and that is located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster; h. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the City Hall; i. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the Library; j. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including plans for the public works facility and parks; and k. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including engineering and planning for flood prevention and the purchase of downtown rental properties and improvement of said properties for return to single family residence, in conformity to a Resolution of the Council of said City duly passed and approved. ❑ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ❑ "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. 7- ❑ "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of a) aiding in the planning, undertaking and carrying out of urban renewal projects, including sidewalk, sanitary sewer, water main, traffic controls, storm sewer improvements and streetscaping improvements; b) the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; c) the opening, widening, extending, grading, and draining of the right -of -way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewer, water mains and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; d) the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; e) the equipping of the fire department; f) the acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the development and beautification of the banks and other areas adjacent to flood control improvements; g) the remediation, restoration and improvement of property that has been damaged by a disaster as defined in section 29C.2 and that is located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster; h) the construction, reconstruction, enlargement, improvement, furnishing and equipping of the City Hall; i) the construction, reconstruction, enlargement, improvement, furnishing and equipping of the Library; j) any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including plans for the public works facility and parks; and k) any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including engineering and planning for flood prevention and the purchase of downtown rental properties and improvement of said properties for return to single family residence, in conformity to a Resolution of the Council of said City duly passed and approved. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption 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 $590,000 of the $3,350,000 General Obligation Refunding Capital Loan Notes, Series 2006C, dated September 15, 2006, and $2,050,000 of the $8,870,000 General Obligation Bonds, Series 2007A, dated May 31, 2007. ❑ "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file with DTC. ❑ "Resolution" shall mean this resolution authorizing the Bonds. ❑ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the 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. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $1,213,470 2014/2015 $2,436,325 2015/2016 $2,402,825 2016/2017 $1,074,125 2017/2018 $1,066,125 2018/2019 $1,053,825 2019/2020 $1,051,075 2020/2021 $1,042,575 2021/2022 $1,050,750 2022/2023 $1,055,750 2023/2024 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2015 will be collected during the fiscal year commencing July 1, 2016.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and M assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2014 NO. 1" (the 'Bond Fund "), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds — New Money Portion. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Application of Bond Proceeds — Current Refunded Portion. 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. Section 6. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2013, 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, 2013, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. -10- Section 7. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $11,980,000 shall be issued pursuant to the provisions of Sections 384.24, 384.24A and 384.28 of the Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2014 ", be dated June 3, 2014, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2014, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1 st $ 935,000 2.00% 2015 $2,175,000 2.00% 2016 $2,185,000 2.00% 2017 $ 900,000 2.00% 2018 $ 910,000 3.00% 2019 $ 925,000 3.00% 2020 $ 950,000 3.00% 2021 $ 970,000 2.25% 2022 $1,000,000 2.50% 2023 $1,030,000 2.50% 2024 (b) Redemption. Bonds maturing after June 1, 2020, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. - 11 - Section 8. Issuance of Bonds in Book -Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi - annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond holder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth -12- below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 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 principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 9. Registration of Bonds-, Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. -13- (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such -14- other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 11. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day 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 Paying Agent. Section 12. Execution Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 13. Right to Name Substitute Pang Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -15- Section 14. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (6) (7) (1) (6) (8) (2) (3) (4) 1 1 (5) (9) (9a) (10) (Continued on the back of this Bond) (11)(12)(13) (14) FIGURE 1 (Front) MG'v (15) (10) (16) (Continued) FIGURE 2 (Back) -17- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1= "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "SERIES 2014" "CORPORATE PURPOSE" Item 2, figure 1= Item 3, figure 1= Item 4, figure 1= Item 5, figure 1= Item 6, figure 1= Item 7, figure 1= Item 8, figure 1= Rate: Maturity: Bond Date: June 3, 2014 CUSIP No.: "Registered" Certificate No. Principal Amount: $ Item 9, figure 1= The City of Iowa City, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer "), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Iowa City, Iowa, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2014, and semiannually thereafter on the 1 st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Sections 384.24, 384.24A and 384.28 of the Code of Iowa, for the purpose of paying costs of: a. aiding in the planning, undertaking and carrying out of urban renewal projects, including sidewalk, sanitary sewer, water main, traffic controls, storm sewer improvements and streetscaping improvements; -18- b. the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; c. the opening, widening, extending, grading, and draining of the right -of- way of streets, highways, avenues, alleys and public grounds; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of sidewalks, storm sewer, water mains and traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; d. the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; e. the equipping of the fire department; f. the acquisition, construction, reconstruction, and improvement of real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the development and beautification of the banks and other areas adjacent to flood control improvements; g. the remediation, restoration and improvement of property that has been damaged by a disaster as defined in section 29C.2 and that is located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster; h. 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 indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance; i. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the City Hall; j. the construction, reconstruction, enlargement, improvement, furnishing and equipping of the Library; k. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including plans for the public works facility and parks; and ORE 1. any other purpose which is necessary for the operation of the city or the health and welfare of its citizens, including engineering and planning for flood prevention and the purchase of downtown rental properties and improvement of said properties for return to single family residence, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ( "DTC "), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2020, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give such notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, -20- credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of the City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar Iowa City, Iowa IIn Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) CITY OF IOWA CITY, STATE OF IOWA By: (manual signature) Mayor ATTEST: By: (manual signature) City Clerk Item 16, figure 1 = (Assignment Block) (Information Required for Registration) -21- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE) GUARANTEED) IMPORTANT -READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common -22- IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Non - Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 17. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, 'Beneficial 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, -23- depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 6th day of May, 2014. ATTEST: —22"e City Clerk Mayor -24- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 6th day of May , 2014. City Cler , "City of Iowa City, State of Iowa (SEAL) 01016092 -1 \10714 -117 �s Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION AUTHORIZING AND PROVIDING F R THE ISSUANCE OF $ GENERAL OBLIGA ION BONDS, SERIES 2014, ANA LEVYING A TAX TO PAY SAI BONDS WHEREAS, the Issuer is du incorporate/ction, exists under and by virtue of the laws and Constitution of the Stat of Iowa; and WHEREAS, the City is in need f funds to of- a. the acquisition, construc 'on, recgement, improvement, and repair of bridges, cu lverts, retaining alls, asses, grade crossing separations, and approaches thereto; b. the opening, widening, exten ng, grading, and draining of the right -of -way of streets, highways, avenues, Ximprovement u lic grounds; the construction, reconstruction, and repairing of any street ints; he acquisition, installation, and repair of sidewalks, storm sewer, watnd tr fic control devices; and the acquisition of any real estate needed for anregoi purposes; c. the rehabilitation aement o parks already owned, including the removal, replacement and pltrees in th parks, and facilities, equipment, and improve ments commonly fo y parks; d. the equipping ofthe fire department; e. the acquisitio construction, reconstructio , and improvement of real and personal property, use f for the protection or reclam tion of property situated within the corporate limits of cit' s from floods or high waters, a d for the protection of property in cities from the effect of flood waters, including the d elopment and beautification of the banks and other eas adjacent to flood control imp vements; f. the remeAiation, restoration and improvement property that has been damaged by a di ster as defined in section 29C.2 and tha is located in an area that the governor has pr claimed a disaster emergency or the presi ent of the United States has declared a major disaster; and g. the settlement, adjustment, renewing, or extension any part or all of the legal indebtedne4of a city, whether evidenced by bonds, warrants, r judgments, or the funding orfunding of the same, whether or not such indebted ss was created for a purpose fo which general obligation bonds might have been issu din the original instance, -3- /6 Whereupon, the Mayor declared said Resolution duly adopted as follows: )LUTION AUTHORIZING AND PROVIDING FOR ANCE OF $11,980,000 GENERAL OBLIGATION B JES 2014, AND LEVYING A TAX TO PAY SAID B( WHEREAS, th Issuer is duly incorporated, organized and exist under and by virtue of the laws and Constitutio of the State of Iowa; and WHEREAS, the City is in need of funds to pay costs of: a. the acquisiti , construction, reconstruction, largement, improvement, and repair of bridges, culve ,retaining walls, viaducts, derpasses, grade crossing separations, and approach s thereto; b. the opening, widen' g, extending, gr ing, and draining of the right -of -way of streets, highways, avenues, all s and public ounds; the construction, reconstruction, and repairing of any street impr ements; t acquisition, installation, and repair of sidewalks, storm sewer, water ma sand affic control devices; and the acquisition of any real estate needed for any of th or oing purposes; c. the rehabilitation and impr ent of parks already owned, including the removal, replacement and planting f tre in the parks, and facilities, equipment, and improvements commonly found i city pa s; d. the equipping of the e. the acquisition, c struction, reconstru ion, and improvement of real and personal property, useful r the protection or recl ation of property situated within the corporate limits of cities from floods or high waters, nd for the protection of property in cities from the effects flood waters, including the velopment and beautification of the banks and other as adjacent to flood control imp vements; f. the reme ation, restoration and improvement o roperty that has been damaged by a di ster as defined in section 29C.2 and that located in an area that the governor has pr claimed a disaster emergency or the preside t of the United States has declared a maj r disaster; and g. t settlement, adjustment, renewing, or extension of part or all of the legal indebted _so of a city, whether evidenced by bonds, warrants, or j dgments, or the fundin r refunding of the same, whether or not such indebtedness was created for a purpo e for which general obligation bonds might have been issued' the original instance, -3- essential corporate purposes, and it is deemed necessary and advisa le that General Obligation Bonds to the amount of not to exceed $8,350,000 be authorized fo said purpose; and WHE AS, pursuant to notice published as required by ection 384.25 of said Code, this Council ha eld a public meeting and hearing upon the p posal to institute proceedings for the issuance of t\purpose, and the Council is therefore now �thorized to proceed with the issuance of Genetion Bonds, Series 2014 thereof and WHEREity is also in need of funds to ay costs of aiding in the planning, undertaking and ut of urban renewal project ,including sidewalk, sanitary sewer, water main, traffs, torm sewer improveme is and streetscaping improvements, an essential corporae, d it is deemed neces ry and advisable that General Oblig ation Bonds to the amt to ceed $3,200,000 e authorized for said purpose; and WHEREAS, pursuant ton ice publish d as required by Section 384.25 of said Code, this Council has held a public meeti and he ring upon the proposal to institute proceedings for the issuance of said Bonds, and no pet ions or referendum having been received, the Council is therefore now authorized to proceed wit t e issuance of General Obligation Bonds, Series 2014 thereof; and WHEREAS, the City is also in eed o rids to pay costs of the construction, reconstruction, enlargement, improve ent, fern hing and equipping of the City Hall, a general corporate purpose, and it is deemed ecessary an dvisable that General Obligation Bonds to the amount of not to exceed $300,0 0 be authorize or said purpose; and WHEREAS, the City has/a population of more tNn 5,000 but not more than 75,000; and WHEREAS, pursuant notice published as require y Section 384.26 (5) of said Code, the Council of the City hash d public meeting and hearing u n the proposal to institute proceedings for the /wit of Bonds for general corporate p ses in the amounts as above set forth, and, no petitiorendum having been received, the C ncil is therefore now authorized to proceee issuance of General Obligation Bon Series 2014 thereof, and WHEREAS, is also in need of funds to pay costs of con truction, reconstruction, enlargement, imprournishing and equipping of the Library, a ge eral corporate purpose, and it is deemed necd advisable that General Obligation Bonds to e amount of not to exceed $150,000 be d for said purpose; and , the City has a population of more than 5,000 but not more tian 75,000; and WHE AS, pursuant to notice published as required by Section 384.26 (5) f said Code, the Council of he City has held public meeting and hearing upon the proposal to ins 'tute proceedings r the issuance of Bonds for general corporate purposes in the amounts \no ove set forth, and, n petition for referendum having been received, the Council is therefore authorized o proceed with the issuance of General Obligation Bonds, Series 2014 th and WHEREAS, the City is also in need of funds to pay costs of any of er purpose which is necessary for th operation of the city or the health and welfare of its citi ns, including plans for the public work facility and parks, a general corporate purpose, and it ' deemed necessary and advisable that Ge 'eral Obligation Bonds to the amount of not to exc d $400,000 be authorized for said purpose; WHEREAS, th6,City has a population of more than 5,O90 but not more than 75,000; and WHEREAS, pursu t to notice published as require by Section 384.26 (5) of said Code, the Council of the City has h Id public meeting and heari upon the proposal to institute proceedings for the issuance o Bonds for general corpo ate purposes in the amounts as above set forth, and, no petition for refere um having been rec ved, the Council is therefore now authorized to proceed with the iss ance of General ligation Bonds, Series 2014 thereof, and WHEREAS, the City is also i need of ds to pay costs of any other purpose which is necessary for the operation of the city the he It_ and welfare of its citizens, including engineering and planning for flood prev do and the purchase of downtown rental properties and improvement of said properties for re to single family residence, a general corporate purpose, and it is deemed necessary and a 'sable that General Obligation Bonds to the amount of not to exceed $550,000 be authorized or s 'd purpose; and WHEREAS, the City has a plulation ofd WHEREAS, pursuant ton ice published as the Council of the City has held blic meeting and proceedings for the issuance of onds for general cc forth, and, no petition for refer ndum having been r, authorized to proceed with t issuance of General ( than 5,000 but not more than 75,000; and ired by Section 384.26 (5) of said Code, [ng upon the proposal to institute to purposes in the amounts as above set e , the Council is therefore now ati n Bonds, Series 2014 thereof; and WHEREAS, pursu t to Sections 384.24,384.24A and 84.28 of the Code of Iowa, it is hereby found and determ' ed that the various general obligation onds authorized as hereinabove described shall be comb' ed for the purpose of issuance in a single 'ssue of $ Corporate Purpose Ge ral Obligation Bonds, Series 2014, as herei fter set forth; and WHEREAS, ursuant to the provisions of Chapter 75 of the Co of Iowa, the above mentioned bonds w re heretofore sold at public sale and action should no be taken to issue said bonds conforming o the terms and conditions of the best bid received at th advertised public sale: NOW,IHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL" THE CITY OF IOWA CI Y, STATE OF IOWA: \ Section 1. Definitions. The following terms shall have the following meanin in this Resolutio unless the text expressly or by necessary implication requires otherwise: -5- ❑ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ❑ "Beneficial Owner" shall mean the person in hose name such Bond is recorded as the beneficial owner of a Bond by a Participant n the records of such Participant or such person's subrogee. ❑ "Bond Fund" shall mean the fund creaAd in Section 3 of this Resolution. ❑ "Bonds" shall mean $ General Obligation Bonds, Series 14, authorized to be issued by this Resoluti . \Bonds, e & Co." shall mean ede & Co., the nominee of DTC, and any succof DTC with respec o the Bonds. ntinuing Disclo e Certificate" shall mean that certain Continuing Discate executed the Issuer and dated the date of issuance and delivery of thiginally exe ted and as it may be amended from time t o time in acco terms th eof. ❑ "Cw bonds to refund the ded Portion" shall mean $ Bonds. of the ❑ "Dep6sitory B ds" shall mean the Bonds as issued in the form of one global cert/edputpose r each matur , registered in the Registration Books maintained by the Registname of DTC its nominee. ❑ C" shall mean The pository Trust Company, New York, New York, a li trust company, o ny successor book -entry securities depository annointed onds. "Issuer" and "City" shall mean / F1 "New Money Portion" shall mean $ iss ed to pay the costs of. of Iowa City, State of Iowa. of the bonds a. aiding in the planning, undertaking and carrying o;bLt,, of urban renewal projects, including sidewalk, sanitary sewer, water main, traf i controls, storm sewer improvements and streetscaping improvements; b. the acquisition, construction, reconstruction, enlargement, \ improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; c. the opening, widening, extending, grading, and draining of the righ%pf- way of streets, highways, avenues, alleys and public grounds; the construction, M reconstruction, and repairing of any street improvements; the acquisi on, installation, and repair of sidewalks, storm sewer, water mains and affic control devices; and the acquisition of any real estate needed for any of th foregoing d. the rehabilitation and improvement of parks alread owned, including the re oval, replacement and planting of trees in the parks, d facilities, equipme , and improvements commonly found in city pa s; e. the equipping of the fire department; f. the acqui ' ion, construction, reconstructi n, and improvement of real and personal pro , useful for the protection o reclamation of property situated within the corporate lim' s of cities from flood r high waters, and for the protection of property in 'ties from the effec of flood waters, including the development and beautifica 'on of the bank and other areas adjacent to flood control improvements; g. the remediation, restora 'on d improvement of property that has been damaged by a disaster as defined in ction 29C.2 and that is located in an area that the governor has proclaimed a i ster emergency or the president of the United States has declared a main disa er; h. the construction, and equipping of the City l improvement, furnishing i. the construction econstruction, enlarge \ion ovement, furnishing and equipping of the Lib ary; j. any other /p, se which is necessary fo of the city or the health and welfare itizens, including plans lic works facility and parks; and k. any of er purpose which is necessary for the operati of the city or the health and welf e of its citizens, including engineering and pla ing for flood prevention an the purchase of downtown rental properties and inivrovement of said propertiA for return to single family residence, in conformity t a Resolution of the Co it of said City duly passed and approved. ❑f "Participants" shall mean those broker - dealers, banks and ther financial institute ns for which DTC holds Bonds as securities depository. ❑ "Paying Agent" shall mean the City Controller, or such successd( as may be proved by Issuer as provided herein and who shall carry out the duties presi h ein as Issuer's agent to provide for the payment of principal of and interest on 19onds as the same shall become due. -7- ❑ "Project Fund" shall mean, as to the /vee Money Portion, the nd established under this Resolution for the deposit of ion of the proceed to ay the costs of a. aiding in the planning, undertaki carrying out of rban re wal projects, including sidewalk, sanitary seweer main, traffi controls, sto sewer improvements and streetscaping impronts; b. t acquisi ' n, construction, reconstruction, enlargemeproveme , and repair of bridges, c verts, retaining walls, viaducts, underpagrade c sing separations, d approaches thereto; c. the openingenin extending, grading, and d fining of the right -of -way of streets, a s, avenues, alleys and public grounds; t e construction, reconstruction, an' ing of any street improvements; the cquisition, installation, and repsidewalks, storm sewer, water mains and traf control devices; and the acq on of any real estate needed for any of the egoing purposes; d. the re abilitation and improvement of parks already owned, i cluding the removal, placement and planting of trees in the parks, and facilities, uipment, and im ovements commonly found in city parks; e. the equipping of the ire departme ; f. the acquisition, construction, reconstruction, and improveme t of real d personal property, useful for the protection or reclamation of prop y si ated within the corporate limits of cities from floods or high waters, and for protection of property in cities from the effects of flood waters, including t evelopment and beautification of the banks and other areas adjacent to flood ntro improvements; g. the remediation, restoration and improvement of roperty at has been damaged by a disaster as defined in section 29C.2 and at is located ' an area that the governor has proclaimed a disaster emer ncy or the presi t of the United States has declared a major disaster; h. the co struction, reconstruc 'on, enlargement, improvement, furnishing and equippin of the City Hall; i. the c struction, reconstruction, enlargement, improve ent, furnishing and equippin of the Library; j. any other purpose which is nec ssary for the operation of the cit or the health and welfare of its citizens, incl ing plans for the public works facil and parks; and k. any other purpose wh' is necessary for the operation of the ' y or the health and welfare of its ci ' ens, including engineering and planning flood prevention and the purch e of downtown rental properties and improve nt of said properties fo return to single family residence, in conformity to Resolution of the Counci f said City duly passed and approved. As to the C nt Refunded Portion, " roject Fund" shall mean the portion of the proceeds that ill be used, together ith interest earnings thereon, to pay the principal, interest d redem ion premium, if any, on the Refunded Bonds; and. ❑ "Rebate Fund" shall mean the fund so defined in and established pursuant to e Tax Exemption Certificate. \ ❑ "Refunded Bonds" shall mean $590,000 of the $3,350,000 General Obligation Refunding Capital Loan Notes, Series 2006C, dated September 15, 2006, and $2,050,000 of the $8,870,000 General Obligation Bonds, Series 2007A, dated May 31, 2007. -8- ❑ "Registrar" shall mean the City Controller of Iowa City, Iowa, or s successor as may be approved by Issuer as provided herein and who shall carry t the duties prescribed herein with respect to maintaining a register of the owners the Bonds. Unle4 otherwise specified, the Registrar shall also act as Transfer Agent the Bonds. "Representation Letter" shall mean the Blanket Issuer etter of Representa ' ns executed and delivered by the Iss/imeof with DTC. ❑ \Finan n" shall mean this resolue Bonds. ❑ ption Certificate" shall mption Certificate executed by tirector and delivere d at ce and delivery of the Bonds. ❑ "Treasurer" s all m ean the F succeed to the same duties an responsibilit of the Bonds issued hereunder. / Section 2. (a) Levy of Annual principal and interest of the Bc levied for each future year the Iowa City, Iowa, to -wit: AMOUNT Ice Director or such other officer as shall with respect to the recording and payment Tax: Other for the purpose of providing funds to pay the Ter authorized to be issued, there is hereby iit ct annual tax on all of the taxable property in FISCAL YE(JULY 1 TO JUNE 30) YEAR OC COLLECTION $ (paid from 014/2015 $ 15/2016 $ 20 6/2017 $ 201 2018 $ 2018 019 $ 2019/2 0 $ 2020/202 $ 2021/2022 $ i 2022/2023 $ 2023/2024 (NO For example the levy to be made and certified against the taxable valuations of Jan 1, 2015 will be collected during the fiscal year commencing July 1, 016.) (b) Resolution to be Filed With County Auditor. A certified copy o this es o ution should be filed with the County Auditor of Johnson County, State o owa, and said Auditor is hereby instructed in and for each of the years as provided, o levy and assess the tax hereby authorized in Section 2 of this Resolution, in like m r as other taxes are levied and assessed, and such taxes so levied in and for each oft years aforesaid be collected in like manner as other taxes of the City are colle ed, and when collected be used for the purpose of paying principal and interest on /1 d Bonds issued in an4ipation of said tax, and for no other purpose whatsoever. \ana dditional City Funds Available. Principal and i erest coming due at any time w proceeds of said tax on hand shall be insufficie t to pay the same shall be prompwhen due from current funds of the City ava' ble for that purpose and reimbut all be made from such special fund in t amounts thus advanced. Sectiond F Said tax shall be collected eac year at the same time and in the same manner in additi n to, all other taxes in and fo the City, and when collected they shall be conveto a specia and within the Debt Se ice Fund to be known as the "GENERAL OATION BO D FUND 2014 NO. (the 'Bond Fund "), which is hereby pledged for an be used only r the payment of e principal of and interest on the Bonds hereinafter autd to be issued; d also there s 11 be apportioned to said fund its proportion of taxes receivhe City from pro rty that is entrally assessed by the State of Iowa. Section 4. Application of other than accrued interest except as may be ro and expended therefrom for the purposes o is u shall be available for the payment of the incip other funds shall be insufficient to the rpose, i Project Fund at the earliest opportunit . Any bal immediately required for its purpo by law or this Resolution. Accruec Section 5. Applicati Bonds other than accrued ii Project Fund and expended mature before the date on v the Refunded Bonds. Accri may be in — New Money Portion. Proceeds of the Bonds sided below shall be credited to the Project Fund ince. Any amounts on hand in the Project Fund 1 of or interest on the Bonds at any time that 1 hich event such funds shall be repaid to the m on hand in the Project Fund and not este not inconsistent with limitations provided if any, sha be deposited in the Bond Fund. 01 11V111i 11VVC,%,UJ -.. Ulll,lll \VlUl st except as may be provide el ;refrom for the purposes of issua :h the moneys are required for pay interest, if any, shall be deposited ed Portion. Proceeds of the v shall be credited to the . Proceeds invested shall gent of principal and interest on the Bond Fund. Section 6. Ines ents of Bond Fund Proceeds. All moneys he in the Bond Fund, provided for by Sectio 3 of this Resolution shall be invested in investm is permitted by Chapter 12B, Code o Iowa, 2013, as amended, or deposited in financial in itutions which are members of the Fed Iowa, Deposit Insurance Corporation and the deposits in w 'ch are insured thereby and /equilent deposits exceeding the maximum amount insured from ti to time by FDIC or its successor in any one financial institution shall be continu sly secured in compliance apter 12C of the Code of Iowa, 2013, as amended, or otherwis y a valid pledge of digations of the United States Government having an equivalent m ket value. All such intestments shall mature before the date on which the moneys are req ' ed for payment of l of or interest on the Bonds as herein provided. -10- Section 7. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $ shall be issued pursuant to the provisions of Sections 384.24, 384. 4A and 384.28 of, Code f Iowa for the aforesaid purpose. The Bonds shall be designat "GENERAL OBLIG TION BOND, SERIES 2014 ", be dated June %2,014, an ear interest from the date thereof, u it payment thereof, at the office of the Payigent aid interest payable on December 1, 14, and semiannually thereafter on the 1st day o une and December in each year until maturity a the rates hereinafter provided. The Bonds shall be exec ted by the manual or facsimile sign ure of the Mayor and attested by the manual or facsimiN signature of the Clerk, and imp ssed or printed with the seal of the City and shall be fully regist \re'stered to both principal and ' terest as provided in this Resolution; principal, interest and m, if any, shall be p able at the office of the Paying Agent by mailing of a check to the owner of the nd. The Bonds shall be in the denomination of $5,000 or multiplof. The Bonds all mature and bear interest as follows: Principal Amount Xnteres, at $ °o $ $ $ $ Maturity June 1 st 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 (b) Redemption onds maturing after June 1, 2020, may N called for redemption by the Issuer and paid before aturity on said date or any date thereafter, fNm any funds regardless of source, in whole or frg4n time to time in part, in any order of maturity a d within an annual maturity by lot. The to s of redemption shall be par, plus accrued interest date of call. Thirty days' itten notice of redemption shall be given to the register\wner the Bond. Failure to gi e such n otice to any registered owner of the Bonds or any ein shall not affect the vali rty of any proceedings for the redemption of the Bonds. Alortions thereof called fo redemption will cease to bear interest after the specified rede, provided funds or their redemption are on deposit at the place of payment. If se ction by lot within a maturity is required, the Registrar shall designate the bo s to be redeem9d by random selection of the names of the registered owners of the entire annual maturity Atil the total amount of bonds to be called has been reached. -11- Section 8. Issuance of Bonds in Book -EntKy Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding regi ation, ownershi transfer, payment and exchange of the Bonds, unless the Issuer determi s to permit the exchan of Depository Bonds for Bonds in the Authorized Denominations, e Bonds shall be issued as ository Bonds in denominations of the entire principal amo of each maturity of Bonds (or, if ortion of said principal amount is prepaid, said principal ount less the prepaid amount); a such Depository Bonds shall be registered in the n e of Cede & Co., as nominee of DTC. Pa ent of semi - annual interest for any Depository and shall be made by wire transfer or New Yo Clearing House or equivalent next day ds to the account of Cede & Co. on the interest pay nt date for the Bonds at the address in cated in or pursuant to the Representation Letter. (b) With respect to D ository Bonds, neither t Issuer nor the Paying Agent shall have any responsibility or obligati to any Participant o o any Beneficial Owner. Without limiting the immediately preceding s tence, neither t Issuer nor the Paying Agent shall have any responsibility or obligation with re ect to (i) th ccuracy of the records of DTC or its nominee or of any Participant with respe to any o ership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial wne or any other person, other than DTC or its nominee, of any notice with respect to the B , (iii) the payment to any Participant, any Beneficial Owner or any other person, other t DTC or its nominee, of any amount with respect to the principal of, premium, if any, r in rest on the Bonds, or (iv) the failure of DTC to provide any information or notification o ehalf any Participant or Beneficial Owner. The Issuer and the Paying Age may treat D or its nominee as, and deem DTC or its nominee to be, the absolute owner of ach Bond for the urpose of payment of the principal of, premium, if any, and interest on suc Bond, for the purpo of all other matters with respect to such Bond, for the purpose of regi ering transfers with res \rpect o such Bonds, and for all other purposes whatsoever (except for e giving of certain Bond er consents, in accordance with the practices and procedures of TC as may be applicable o). The Paying Agent shall pay all principal of, premium, if a ,and interest on the Bonds or upon the order of the Bondholders as shown on th Registration Books, and all say ents shall be valid and effective to fully satisfy an discharge the Issuer's obligatith r pect to the principal of, premium, if any, and inter st on the Bonds to the extent so Not ' hstanding the provisions of this Resolution to the ontrary (including without limitaose pr isions relating to the surrender of Bonds, reg oration thereof, and issuance in Azed Den inations), as long as the Bonds are Deposit ry Bonds, full effect shall be given Represent tion Letter and the procedures and pract' es of DTC thereunder, and the Payinnt shall co ly therewith. (c) Up n (i) a determination by the Issuer that DTC is no longer abl to carry out its functions or is o erwise determined unsatisfactory, or (ii) a determination by D that the Bonds are no 1 ger eligible for its depository services or (iii) a determination by t e Paying Agent that D C has resigned or discontinued its services for the Bonds, if such sub itution is authorized y law, the Issuer shall (A) designate a satisfactory substitute depository a set forth -12- below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to pro e for the exchange of Depository Bonds for Bonds in Authorized Denominations, th ssuer shall so notify the Paying Agent and shall provide the Registrar with a supply of execut unauthenticated Bonds to exchanged. The Registrar shall thereupon notify the o ers of the Bonds and provide for such change, and to the extent that the Beneficial O ers are designated as the transferee by the own the Bonds will be delivered in appropr' e form, content and Authorized Denomination o the Beneficial Owners, as their ' terests appear. (e) Any substitute de sitory shall be designa d in writing by the Issuer to the Paying Agent. Any such substitute pository shall be aAualified and registered "clearing agency" as provided in Section 17A o the Securities JVxchange Act of 1934, as amended. The substitute depository shall provide for (i immobiliz Aion of the Depository Bonds, (ii) registration and transfer of interests in De depository or its nominee and (iii) payment Bonds in accordance with and as such inter Section 9. Registration of Bonds; Delivery; and Cancellation. )nds by book entries made on records of the pal of, premium, if any, and interest on the appear with respect to such book entries. (a) Registration. The own ship of Bonds ay be or;ansferred only by the making of an entry upon the books kept for the egistration and tr nsfer ownership of the Bonds, and in no other way. The City Controller ' hereby appointed a Bond Registrar under the terms of this Resolution. Registrar shall maint n the books of the Iss r for the registration of ownership of the Bonds for the payment of pr' cipal of and interest on t e Bonds as provided in this Resolution. All Bonds shall be egotiable as provided in A 'cle 8 of the Uniform Commercial Code and Section 384.31 of t e Code of Iowa, subject to the rovisions for registration and transfer contained in the Bo s and in this Resolution. (b) Transfer. T e, ownership of any Bond may be tran erred only upon the Registration Books kept or the registration and transfer of Bonds d only upon surrender thereof at the office of t e „kegistrar together with an assignment du executed by the holder or his duly authorized att they in fact in such form as shall be satisfacto to the Registrar, along with the address and dial security number or federal employer identi ation number of such transferee (or, if regi lration is to be made in the name of multiple indivi uals, of all such transferees). In the gent that the address of the registered owner of a Bon (other than a registered owneriw ich is the nominee of the broker or dealer in question) i that of a broker or dealer, there mus e disclosed on the Registration Books the information pe aining to the registered owne quired above. Upon the transfer of any such Bond, a new f ly registered Bond, of any d mination or denominations permitted by this Resolution in a regate principal amount equa o he unmatured and unredeemed principal amount of such transfe ed fully registered n , and bearing interest at the same rate and maturing on the same da or dates shall be d ivered by the Registrar. -13- (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds the Registrar shall register, at the earliest practicable time, on the Registration Books, the nds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the owne ip of the same shall be registered on the Registration Books of the Registrar shall be deemed nd regarded as the ab olute owner thereof for all purposes, and payment of or on account o he principal of any such B ds and the premium, if any, and interest thereon shall be made o y to or upon the order of the reg tered owner thereof or his legal representative. All such pay en shall be valid and effectual to tisfy and discharge the liability upon such Bond, includ' g the interest thereon, to the extent of t sum or sums so paid. (e) Ca\thestruction . All Bonds which have been redee d shall not be reissued but shall be cancelled by thar. All Bonds which are cancelled the Registrar shall be destroyed and a certificate o thereof shall be furnishe romptly to the Issuer; provided that if the Issuer shall the Registrar shall forward the ancelled Bonds to the Issuer. (f) Non-Presentme'lu of Bonds. In the eve any payment check representing payment of principal of or interest on the rids is returned to e Paying Agent or if any bond is not presented for payment of principal the maturity redemption date, if funds sufficient to pay such principal of or interest on Bonds all have een made available to the Paying Agent for the benefit of the owner thereof, all liability f the suer to the owner thereof for such interest or payment of such Bonds shall forthwith cea e, erminate and be completely discharged, and thereupon it shall be the duty of the Paying ent to hold such funds, without liability for interest thereon, for the benefit of the own o uch Bonds who shall thereafter be restricted exclusively to such funds for any claim whate r nature on his part under this Resolution or on, or with respect to, such interest or rids. The ying Agent's obligation to hold such funds shall continue for a period equal to tw years and six onths following the date on which such interest or principal became due, w ther at maturity, o at the date fixed for redemption thereof, or otherwise, at which time the Pa ng Agent, shall surre er any remaining funds so held to the Issuer, whereupon any claim un r this Resolution by the wners of such interest or Bonds of whatever nature shall be made on the Issuer. (g) Registration Issuer's expense, one bond in lesser denominations requests. / fid Transfer Fees. The Registrar ir each annual maturity. The Red not less than the minimum deno sh to each owner, at the 1 furnish additional bonds to an owner who so Section 10- issuance of Mutilated Destroyed, Stolen or Lost B nds. In case any outstanding Bond s all become mutilated or be destroyed, stolen or lost, t Issuer shall at the request of Registr r authenticate and deliver a new Bond of like tenor and \ated the Bond so mutilated, destr ed, stolen or lost, in exchange and substitution for such ond to Registrar, upo surrender of such mutilated Bond, or in lieu of and substitue Bond destroyed, st en or lost, upon filing with the Registrar evidence satisfactoegistrar and Issuer that such Bond has been destroyed, stolen or lost and proof of owneof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and cwith such S[! other reasonable regulations as the Issuer or its agent may prescribe andJpaying such expenses as the Issuer may incur in connection therewith. Section 11. Record Date. Payments of principal and mteres , otherwise than upon full redem tion, made in respect of any Bond, shall be made to the r istered holder thereof or to their d ignated agent as the same appear on the books of the fily9diischarge strar on the 15th day of the month p ceding the payment date. All such payments shall the obligations of the Issuer in r ect of such Bonds to the extent of the paymen so made. Payment of principal shall only be ma upon surrender of the Bond to the Paying ent. Section N. Execution Authentication and Dej&ery of the Bonds. Upon the adoption of this Resolution, th ayor and Clerk shall execute qdd deliver the Bonds to the Registrar, who shall authenticate the onds and deliver the same or upon order of the Purchaser. No Bond shall be valid or obliga ny for any purpose or s 11 be entitled to any right or benefit hereunder unless the Registrar shall my endorse and exe ute on such Bond a Certificate of Authentication substantially in the form of e Certificate he in set forth. Such Certificate upon any Bond executed on behalf of the Issu shall be co lusive evidence that the Bond so authenticated has been duly issued under this Reso tion an that the holder thereof is entitled to the benefits of this Resolution. Section 13. Right to Name Su s ' ute PUing Agent or Registrar. Issuer reserves the right to name a substitute, successor Regi trar o Paying Agent upon giving prompt written notice to each registered bondholder. -15- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1= Item 2, figur1== Item 3, figure Item 4, figure 1= Item 5, figure 1= Item 6, figure 1= Item 7, figure 1= Item 8, figure 1= "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "SERIES 2014" "CORPORATE PURPOSE" Rate: Maturity: Bond Date: June 3, 2014 WSIP No.: No. Item 9, figure 1= The City of l organized and existing under and by virtue "Issuer "), for value received, promises to p maturity date indicated above, to Item 9A, figure 1 = (Re name of Registered Owner). qty, State of Iowa, a municipal corporation Constitution and laws of the State of Iowa (the n the source and as hereinafter provided, on the panel to Ike completed by Registrar or Printer with Item 10, figure 1 = or r gistered assigns, the pr cipal sum of (enter principal amount in long form) THOUSAND DO LARS in lawful money o the United States of America, on the maturity date shown above, o upon presentation and surr der hereof at the office of the City Controller, Iowa City, Iowa, aying Agent of this issue, or its uccessor, with interest on the sum from the date hereof until p id at the rate per annum specified a ove, payable on December 1, 2014, and semiannually t reafter on the 1 st day of June and Dec mber in each year. Interest and pri ipal shall be paid to the registered holder o he Bond as shown on the records of ownership aintained by the Registrar as of the 15th day o the month preceding such interest payment dat . Interest shall be computed on the basis of a 360- y year of twelve 30 -day months. This Bo is issued pursuant to the provisions of Sections 384.24, 3 4.24A and 384.28 of the Code of Io a, for the purpose of paying costs of a. aiding in the planning, undertaking and carrying out of urban r ewal pr ects, including sidewalk, sanitary sewer, water main, traffic controls, orm improvements and streetscaping improvements; -18- b. the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; c. the opening, widening, extending, grading, an/thec right-of- draining of streets, highways, avenues, alleys and public grotruction, reco truction, and repairing of any street im provementson, installat , and repair of sidewalks, storm sewer, water fic control devices; an the acquisition of any real estate needed for regoing purposes; d. the rehab 'tation and improvement of par already owned, including the removal, replace nt and planting of trees in t e parks, and facilities, equipment, and improv ents commonly found 'n city parks; e. the equipping of t fire departme ; f. the acquisition, co nst ction, r onstruction, and improvement of real and personal property, useful for he p tection or reclamation of property situated within the corporate limits of citie in floods or high waters, and for the protection of property in cities fro he effects of flood waters, including the development and beautification o h banks and other areas adjacent to flood control improvements; g. the remediation, re oration an improvement of property that has been damaged by a disaster as d �ned in sec 29C.2 and that is located in an area that the governor has pro imed a disaster ergency or the president of the United States has declare a major disaster; h. the settleme , adjustment, renewing, r extension of any part or all of the legal indebtednes of a city, whether evidenc by bonds, warrants, or judgments, or the fu ding or refunding of the sam whether or not such indebtedness was c ated for a purpose for which g eral obligation bonds might have been issued i the original instance; i. the co truction, reconstruction, enlargement, provement, furnishing and equipping f the City Hall; j. the onstruction, reconstruction, enlargement, imp vement, furnishing and equippi of the Library; k. y other purpose which is necessary for the operation f the city or the health an welfare of its citizens, including plans for the public w ks facility and parks; a d -19- 1. any other purpose which is necessary for the operation of the city or th health and welfare of its citizens, including engineering and planning for floo Krevention and the purchase of downtown rental properties and improveme of 'd properties for return to single family residence, in conformity to a solutic of Council of said City duly passed and approved. Unless t ' certificate is presented by an authorized representati of The Depository Trust Company, a ' ited purpose trust company ( "DTC "), to the Iss r or its agent for registration of transfe exchange or payment, and any certificate is ed is registered in the name of Cede & Co. or such \Co. requested by an authorized epresentative of DTC (and any payment is made to Ceo such other Issuer as is re ested by an authorized representative of DTC)SFER, PLEDGE OR O HER USE HEREOF FOR VALUE OR OTHERWISE BY PERSON IS WRON UL inasmuch as the registered owner hereof, Cede & terest herein. Bonds maturing after June 1, 2 0, may be c led for redemption by the Issuer and paid before maturity on said date or any date t ereafter, rom any funds regardless of source, in whole or from time to time in part, in any order o atu ty and within an annual maturity by lot. The terms of redemption shall be par, plus accrue ' terest to date of call. Thirty days' written notice of redem ion hall be given to the registered owner of the Bond. Failure to give such notice to any re istered wrier of the Bonds or any defect therein shall not affect the validity of any proceeding or the red ption of the Bonds. All bonds or portions thereof called for redemption will ceas to bear intere after the specified redemption date, provided funds for their redemption a on deposit at th lace of payment. If selection by lot within a aturity is required, the egistrar shall designate the bonds to be redeemed by random selection f the names of the registe d owners of the entire annual maturity until the total amount o bonds to be called has been ached. Ownership of this Bo may be transferred only by trans upon the books kept for such purpose by the City Controll r, the Registrar. Such transfer on the ooks shall occur only upon presentation and surrender f this Bond at the office of the Registr s designated below, together with an assignme t duly executed by the owner hereof or hi duly authorized attorney in the form as shall be satis ctory to the Registrar. Issuer reserves the ri t to substitute the Registrar and Paying A ent but shall, however, promptly give notice to egistered bondholders of such change. All bo ds shall be negotiable as provided in Article 8 of e Uniform Commercial Code an Section 384.31 of the Code of Iowa, subject to the ovisions for registration and trap er contained in the Bond Resolution. And it is h reby represented and certified that all acts, conditions and ings requisite, according to the ws and Constitution of the State of Iowa, to exist, to be had, be done, or to be performed p ecedent to the lawful issue of this Bond, have been existent, had, one and performed as equired by law; that provision has been made for the levy of a suffi 'ent continuing annual tax on all the taxable property within the territory of the Issuer fo he payment of the principal and interest of this Bond as the same will respectively become due; th the faith, -20- credit, revenues and resources and all the real and personal property of the Issuer ar rrrevocably pledged for the prompt payment hereof, both principal and interest; and the total ' debtedness of the Issuer including this Bond, does not exceed the constitutional or statutory 1' itations. IN TESTIMONY WHEREOF, the Issuer by its Council, h/caus his Bond to be signe by the man ual signature of its Mayor and attested by the mture of its City Clerk, ith the seal of the City impressed hereon, and to be authenthe manual signature f an authorized representative of the Registrar, the City , Iowa City, Iowa. Item 11 figure 1 = Date of authentication: Item I 1 = This is one of the Bonds desc ' ed in the within mentioned Resolution, as registered by /e City Controller. CITY CONTROLLER, Iowa City, Iowa / Item 13, figure 1 = Registi Paying SEE Item 14, figure 1 = (Seal Item 15, figure 1 = (Sig� Authorized Signature ransfer Agent: City Controller City Controller CERTAIN DEFINITIONS Block) OF IOWA CITY,$TATE OF IOWA By: ( ual sigr Mayor ATTEST: (manual si City Clerk Item 16, fi/By: (Assignment Block) (Information Required for Registration) -21- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. within B d and does hereby irrevocably constitute and appoint attorney in act to transfer the said Bond on the books kept for registratio f the within Bond, with full po r of substitution in the premises. Dated: (Person(s) SIGNATURE) GUARANTEED) this Assignment W.11 M E The signature(s) to this Power us of the certificate(s) or bond/theg ichange whatever. Signature standards and procedures oprocedures may require siginstitutions that participate INFORMATION Name of Transferee(s) Address of Transferee(s) Social Security or Tax Id Number of Tran Transferee is a(n): Individual* / Partnership T S) ;i s) here) CAREFULLY the rrespond with the name(s) as written upon the face particular without alteration or enlargement or any must be provided in accordance with the prevailing rar and Transfer Agent. Such standards and 1guaranteed by certain eligible guarantor izN signature guarantee program. UIRED FOR REGISTRATION OF TRANSFER Trust *If the Bond is to b registered in the names of multiple individual own rs, the names of all such owners and one acydress and social security number must be provided. The foll wing abbreviations, when used in the inscription on the face f this Bond, shall be construed a though written out in full according to applicable laws or regu tions: TEN C - as tenants in common TEN E T - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common -22- IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act...... ADDITIONAL ABBREVIATIONS MAY O BE USED THOUGH NOT IN THE ABOVE Section 15. contract between said CitNnd the purchaser of the Bonds. This ResQrfution constitutes a (State) Section 16. Non- Arbitry e Covenants. The Issuer reas ably expects and covenants that no use will be made of the proce s from the issuance and e of the Bonds issued hereunder which will cause any of the Bonds be classified as arbi age bonds within the meaning of Sections 148(a) and (b) of the Interna Revenue Code o the United States, as amended, and that throughout the term of the Bonds it wil omply with e requirements of statutes and regulations issued thereunder. To the best knowledge and belief of would materially change the foregoing state the proceeds of the Bonds will be used in a bonds. Without limiting the generality of t the provisions of the Tax Exemption Ce 11 Certificate are hereby incorporated by r erg uer, there are no facts or circumstances that or the conclusion that it is not expected that r that would cause the Bonds to be arbitrage �mg, the Issuer hereby agrees to comply with he provisions of the Tax Exemption as is hereby directed to make and insert calculations a the Tax Exemption Certificate in all spects and to ex Certificate at issuance of the Bond o certify as to the the Issuer at that date. of this Resolution. The Finance Director c�determinations necessary to complete te and deliver the Tax Exemption expectations and covenants of Section 17. Severabilit Clause. If any section, paragra , clause or provision of this Resolution be held invalid, su h invalidity shall not affect any o he remaining provisions hereof, and this Resolution s all become effective immediately up&p its passage and approval. Section 18. Contidina Disclosure. The Issuer hereby covenan and agrees that it will comply with and carry o all of the provisions of the Continuing Disc ure Certificate, and the provisions of the Conti ing Disclosure Certificate are hereby incorporat d by reference as part of this Resolution and ade a part hereof. Notwithstanding any other prove io. Resolution, failure of he Issuer to comply with the Continuing Disclosure C be considered an ev t of default under this Resolution; however, any holder c Beneficial Owner ay take such actions as may be necessary and appropriate, specific performa ce by court order, to cause the Issuer to comply with its obl. Continuing Disc sure Certificate. For purposes of this section, "Beneficial O` person which ( has the power, directly or indirectly, to vote or consent with 1 dispose of ownership of, any Bond (including persons holding Bonds through 11PAII of this ficate shall not the Bonds or luding seeking ;at ns under the aer'Nneans any spectXo, or to depositories or other intermediaries), or (b) is treated as the owner of any Bonds for income tax purposes. , ection 19. Additional Covenants Representations and Warranties of e Issuer. The Issuer certi and covenants with the purchasers and holders of the Bonds om time to time outstanding thaNaances ough its officers, (a) will make such furthe pecific covenants, representations s as may be necessary or advisable, (b) c mply with all rep resentations assurances contained /defined Exe ption Certificate, which Tax Exemption ll constitute a part of tct b ween the Issuer and the owners of the Bt with bond counsel ( ' the Tax Exemption Certificate); (d) pay to the Unite States, as necessars of money representing required rebates of excess arbitrage profits elating to the Bon such forms, statements and supporting documents as may be re uired and in a tiner; and (f) if deemed necessary or advisable by its officers, to employ d pay fiscal agcial advisors, attorneys and other persons to assist the Issuer in such co Hance. Section 20. Amendment of Resole be amended without the consent of any of such amendment is necessary to maintain applicable Federal law or regulations. Section 21. Repeal of Conf resolutions and parts of ordinances PASSED AND ATTEST: City Clerk Maintain Tax Exemption. This Resolution may the Bonds if, in the opinion of bond counsel, mption with respect to the Bonds under ns or Ordinances. That all ordinances and in conflict herewith are hereby repealed. this 6th day d( May, 2014. Mayor -24-