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HomeMy WebLinkAbout2016-08-16 Resolution—p8-16-10 2C(6) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 16-239 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: The Summit Restaurant & Bar - 10 S. Clinton St. The Union Bar - 121 E. College St. Passed and approved this 16th day of August 2016 v WAYOR � Approved by ATTEST: �22J -e , y� CITY -CLERK City Attorney's Office It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: x x NAYS: Thomas ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Late Handouts Distributed a Prepared by: Ben Clark, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356- 5436 (Date) RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2016 DERWEN DRIVE PAVEMENT REHABILITATION AND DRAINAGE TILE INSTALLATION PROJECT. WHEREAS, All American Concrete, Inc. of West Liberty, has submitted the lowest responsible bid of $91,798.00 for construction of the above-named project; and WHEREAS, funds for this project are available in the AnnualSt rmwater Improvements Fund account # M3631. i NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the onstruction of the above -n ed project is hereby awarded to All American Concrete, c., subject to the co ition that awardee secure adequate performance and payme bond, insurance ce ' Icates, and contract compliance program statements. 2. The Mayor is hereby authori d to sign nd the City Clerk to attest the contract for construction of the above -name project, subject to the condition that awardee secure adequate performance and payme bon , insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to e c change orders as they may become necessary in the construction of the above-na ed pro' ct. Passed and approved this y of 20 MAYOR Approved by ATTEST: n CITY CLERK City Attorney's Office d-lrho It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton os - 2d(1) Prepared by: Ben Clark, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356- 5436 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND SIGN AND THE CITY CLERK TO , CONSTRUCTION OF THE 2016 D REHABILITATION AND DRAINAGE TILE INSI of , has for construction of the above-named pro, for this project are available in account # NOW, THEREFOIBE IT RESOLVED BY CITY, IOWA, THAT: 1. The contract for performance and statements. construction of subject to %nt bond, insu) 2. The Mayor is hereby autl construction of the above - adequate performance and program statements. 3. The City Engineer is autl in the construction of the Passed and approved this ATTEST: CITY CLERK It was moved by T adopted, and upon roll AYES: there were: to IZING THE MAYOR TO A CONTRACT FOR DRIVE PAVEMENT V PROJECT. the lowest responsible bid of and Annual Stormwater Improvements Fund CITY COUNCIL OF THE CITY OF IOWA above-named project is hereby awarded to condition that awardee secure adequate certificates, and contract compliance program (o sign and the City Clerk to attest the contract for project, subject to the condition that awardee secure it bond, insurance certificates, and contract compliance day of MA change orders as they may become necessary and seconded by NAYS: 2016. by City Attornby s Office the Resolution be ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton �z dCkj NOTICE TO BIDDERS DERWEN DRIVE PAVEMENT REHABILITATION AND DRAINAGE TILE INSTALLATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 11th day of August, 2016. Sealed proposals will be opened immediately thereafter by the City Clerk or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of August, 2016, or at special meeting called for that purpose. The Project will involve the following: removal and replacement of approximately 400 linear feet of roadway and the installation of a subsurface drainage system on Derwen Drive adjacent to its intersection with Sunset Street in Iowa City, IA. Sidewalk curb ramps will also be installed to bring the intersection into compliance with the Americans with Disabilities Act. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a bond has been filed by the bidder guaranteeing the performance of the contract, and the contract and bond have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 60 Specified Start Date: August 20th 2016 Liquidated Damages: $250 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Rapids Reproductions, 415 Highland Ave Suite 100, Iowa City, IA 52240, (319) 354- 5950, by bona fide bidders. A $25 fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Rapids Reproductions. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK i � r � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX ENGINEER'S REPORT www.icgov.org August 3, 2016 City Clerk Iowa City, Iowa Re: 2015 Sewer Rehabilitation Project Dear City Clerk: I hereby certify that the construction of the 2015 Sewer Rehabilitation Project has been completed by Municipal Pipe Tool Company of Hudson, IA in substantial accordance with the plans and specifications prepared by Shoemaker & Haaland Engineering. This project was bid as a unit price contract and the final contract price is $274,184.85. There were five change orders resulting in a $13,042.05 cost reduction for the project as shown below: 1. CO #1 Lakeside Drive liner grinding $ 650.00 2. CO #2.1 Additional Oversized MH Lining $ 2,268.00 3. CO #2.2 MH Lining Cost Substitution Reduction ($15,413.05) 4. CO #3.1 Bowery Street Additional Traffic Control $ 453.00 5. CO #3.2 Bowery Street Failed Point Repair Credit ($ 1,000.00) Reduction Total ($13,042.05) I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer p ng/mastem/engmt dw 2d(3) Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SILVER SLOPE — PART TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Silver Slope — Part Two, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Silver Slope — Part Two, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this day of 120 ATTEST CITY CLERK It was moved by AYES: NAYS: pmnglmaslemW cpl-impmvements.doc Approved by City Attorney's Office and seconded by _ ABSENT: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 20, 2016 Honorable Mayor and City Council Iowa City, Iowa Re: Silver Slope — Part Two Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water' main and paving improvements for Silver Slope — Part Two have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, ,'Jason Have, P.E. City Engineer Prepared by: Manan K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 16-240 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following funis and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: J 6 S Express - 2221 Rochester Ave. Passed and approved this 16th day of August 20 16 MAYOR U Approved by ATTEST: CI CLERK City Attorney's Office It was moved by Botchway and seconded by. Resolution be adopted, and upon roll call there were: Thomas the AYES: NAYS: ABSENT: X Botchway X Cole X Dickens X Mims X Taylor X Thomas X Throgmorton Q A<< Prepared by: Ben Clark, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356- 5436 RESOLUTION NO. 16-241 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2016 DERWEN DRIVE PAVEMENT REHABILITATION AND DRAINAGE TILE INSTALLATION PROJECT. WHEREAS, All American Concrete, Inc. of West Liberty, has submitted the lowest responsible bid of $91,798.00 for construction of the above-named project; and WHEREAS, funds for this project are available in the Annual Stormwater Improvements Fund account # M3631. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to All American Concrete, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 16th day of August '20 16 ATTEST:) f�-'� ✓ CITY CLERK M4* OR Approved by City Attorney's Office d_Ar It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: �7 X X x X X X NAYS: Thomas ABSENT: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 16-242 RESOLUTION ACCEPTING THE WORK FOR THE 2015 SEWER REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Sewer Rehabilitation Project, as included in a contract between the City of Iowa City and Municipal Pipe Tool Company of Hudson, Iowa, dated November 10, 2015, 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 annual sewer repair account # V3101; and WHEREAS, the final contract price is $274,184.85. 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 16th day of August , 20 16 - -X5�-�- 4� `` MA OR Approved by ATTEST: �J1.J yv- 74r, CIT ERK It was moved by sotchway and seconded by adopted, and upon roll call there were: Pweng/masters/acptwork.doc 6/16 irt-,, /dui�m� City Attorney's Office rI I-I11P Thomas the Resolution be NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 2d(2) 2d(4) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 16-243 RESOLUTION ACCEPTING THE WORK FOR THE 2015 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and JDM Concrete of Kalona, Iowa, dated July 22, 2015, 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 Sidewalk Inspection account # 22710220; and WHEREAS, the final contract price is $63,801.28. 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 16th day of August _,2016. MAXOR Approved" by ATTEST:L � CIT LERK City Attorney's Office PAY4 It was moved by sotchway and seconded by 'Thomas the Resolution be adopted, and upon roll call there were: AYES x Pwenglmasters/acptwork. doc 8116 NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton ENGINEER'S REPORT August 3, 2016 City Council Iowa City, Iowa Re: 2015 Summer Sidewalk Repair Dear City Council: I hereby certify that the construction of 2015 completed by JDM Concrete of Kalona, Iowa specifications prepared by the City of Iowa City ` ®1RT CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Summer Sidewalk Repair Project has been in substantial accordance with the plans and The project was bid as a unit price contract and the final contract price is $63,801.28. There were a total of two (2) change or extra work order for the project as described below: Sprinkler Head Repair and Liquidated Damages ($365.00) I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely Ha, el, PE.hcason City Engineer Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 RESOLUTION NO. 16-244 RESOLUTION ACCEPTING THE WORK FOR THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Fiber Infrastructure - Iowa City South Part 1 - Duct Installation Project, as included in a contract between the City of Iowa City and Slabach Construction Company, Inc. of Kalona, Iowa, dated June 23, 2015, 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 S. Wastewater Fiber Repair/Redundant Path account # 14722; and WHEREAS, the final contract price is $91,128.00. 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 16th day of August '2016. t/ Mh&OR y�� k-1- / Approved by 4 ATTEST:kyLr1iuttr� rJ . Yum CITY'CLERK City Attorney's Office end It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Pweng/masters/acptwork.doc 8/16 ENGINEER'S REPORT August 9, 2016 City Clerk Iowa City, Iowa Re: Iowa City Fiber Infrastructure South Part 1 Duct Installation Dear City Clerk: 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 Fiber Infrastructure South Part 1 Duct Installation Project has been completed by Slabach Construction Company Inc. of Kalona, Iowa in substantial accordance with the plans and specifications prepared by Communications Infrastructure Services Group. The project was bid as a lump sum contract and was awarded for $184,968.00. The final contract price is $191,128.00. There was a total of one change or extra work order for the project as described below: Duct added to both Napoleon Park concession area and $ 6,160.00 Kickers Soccer Park south concession area TOTAL $ 6,160.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Jason Reichart, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 RESOLUTION NO. 16-245 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES — PART NINE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Stone Bridge Estates — Part Nine, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Stone Bridge Estates — Part Nine, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 16th day of August 120 16 MAJYOR Approved by ATTEST: lI a4-e,10� �Ctrti� CITY—CLERK —Cit yAttorney's Office -, S'/ � /4' It was moved by Botchway and seconded by Thomas the Resolution be AYES: X X X-1 X X X X p ngMastersWWl-improvemonls. dw NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton U8= 2d(6) 10-10 d(_1(b 1 r,r , cccc�z CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT August 4, 2016 Honorable Mayor and City Council Iowa City, Iowa Re: Stone Bridge Estates — Part Nine Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Stone Bridge Estates — Part Nine have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Si 4'k, Jason Havel, P.E. City Engineer 2d(7) Prepared by: Dave Panes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 16-246 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GENERAL QUARTERS — PART TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for General Quarters — Part Two, as constructed by Maxwell Construction of Iowa City, Iowa. Paving improvements for General Quarters — Part Two, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements. 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 16th day of ATTEST: CITY CLERK pwengMasterMacpt-improvemems doc at L . MA ` -6R Approved by 20 16 4Ity? l v Attorney's Office//,/yb Resolution No. Page 2 16-246 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Thomas the AYES: NAYS: ABSENT: ABSTAIN: x Botchway % Cole % Dickens x Mims % Taylor x Thomas x Throgmorton ENGINEER'S REPORT August 10, 2016 City Clerk Iowa City, Iowa Re: General Quarters — Part 2 ,-` 11 I ®ter CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Dear City Clerk: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, certain sidewalk, and paving improvements for the General Quarters — Part 2 has been completed in substantial accordance with the plans and specifications prepared by Hall and Hall Engineers, Inc. of Hiawatha, Iowa. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction of Iowa City, Iowa and for the sidewalk, and paving improvements constructed by Streb Construction Co., Inc. of Iowa City in substantial accordance with the plans and specifications. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer pw nglmasterslengrpt doc VO -10 10 2d(8) Prepared by: Kevin Slutts, Water Superintendent, 80 Stephen Atkins Dr., Iowa City, IA 52240 (319) 356-5167 RESOLUTION NO. 16-247 RESOLUTION AUTHORIZING THE PROCUREMENT OF WATER METERS FOR FISCAL YEAR 2017. WHEREAS, water meters are necessary to facilitate utility billing for the City of Iowa City; and WHEREAS, water meters are purchased regularly throughout the fiscal year; and WHEREAS, to assure compatibility between water meters and existing electronic equipment and software, Staff recommends the purchase of Neptune Water Meters; and WHEREAS, Ferguson Waterworks in the only authorized distributor of Neptune Water Meters in our area; and WHEREAS, Staff recommends award of a purchase contract with Ferguson Waterworks; and WHEREAS, the budgeted fiscal year 2017 amount for the purchase of water meters is $186,000; and WHEREAS, this amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 73730140; 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 above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase. Passed and approved this 16th day of August 2016. MPVOR r/ Approved by ATTEST: ? II vl to CITY CTERK City tt trey's O ce Resolution No. 16-247 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Tbrogmorton Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319) 356-5053 RESOLUTION NO. 16-248 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RENEWAL OF A CONTRACT FOR DESIGN, PRODUCTION, AND MAILING OF THE CITY OF IOWA CITY UTILITY BILL, LANDFILL BILL, ACCOUNTS RECEIVABLE BILL, ENVELOPES, AND WEB SERVICE FOR ONE ADDITIONAL YEAR. WHEREAS, the City has previously established a contract for the above services with SourceHOV; and WHEREAS, the City's current contract term with SourceHOV will expire on September 16, 2016; and WHEREAS, due to the hardship that would be created by changing to a new system at this time because of the implementation of a new ERP system, the City seeks to renew the contract for the above services with SourceHOV for one additional year; and WHEREAS, City policy requires City Council approval for contracts over $150,000; and WHEREAS, the service fees for SourceHOV for a one year renewal are estimated to be $170,000; and WHEREAS, funds for this purchase are available in Account # 10310400 435054 and Account #10310400 435055; 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 City Manager is hereby authorized to sign and the City Clerk to attest to the renewal of the contract with SourceHOV for Design, Production, and Mailing of the City of Iowa City Utility Bill, Landfill Bill, Accounts Receivable Bill, Envelopes, and Web Service for one additional year. Passed and approved this 16th day of August 20 16 OR ' 117ov'ed b!D-- p ATTEST: —) IT -CLERK City Attorney's Office Resolution No. 16 - Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole x Dickens x Mims R Taylor x Thomas x Throgmorton CITY OF IOWA CITY MEMORANDU Date: August 10, 2016 To: Dennis Bockenstedt, Finance Director From: Melissa Miller, Revenue & Risk Manager Re: Utility Billing/Printing/Mailing Contract 2d(10) Introduction: The City's current contract with SourceHOV for the Design, Production, and Mailing of the City's Utility Bill and Envelopes will be completed in September 2016. The Finance Department is requesting to extend this contract for one additional year due to the timing of the contract's completion and the recent upgrade to City's ERP system. History/Background: The City of Iowa City issued an RFP for utility billing, printing, and mailing services. A contract was established with SourceHOV (formerly United Information Services) based on qualifications, experience, and minimal price variance. That contract included an option to renew on an annual basis. Renewals have been processed since the early phases of the implementation of the new ERP system. The utility billing system was implemented in March 2015. The City participated in an early release of a major software upgrade to the ERP system in June 2016 and continues to work with the software vendor to address outstanding programming issues. The contractual services provided by SourceHov are greatly integrated into the City's utility billing services. SourceHOV prints the City's utility bills. SourceHOV then places the City's bills into envelopes and mails them. Electronic files generated from the utility billing software are transferred between the City and SourceHOV in order to complete the above tasks. Discussion of Solutions: The City has two options: 1 ) extend the contract with SourceHOV at the same pricing levels as last year or issue an RFP for printing and billing services, which may result in awarding the contract to SourceHOV or 2) choose another firm. With the timing of the system upgrade and the timing of the termination of the SourceHOV contract, the staff's ability to change print vendors would be very difficult. This increased level of difficulty for the Utility Billing staff would decrease the likelihood of success and increase the implementation time required for a new print vendor. Due to the potential result through a bidding process, I am proposing to extend the City's contract with SourceHOV for an additional year. These services would then be bid as per our usual process in the spring of 2017. Financial Impact: Below is the cost for billing and printing services for FY14- FY16 and the proposed pricing for renewal for one year. Billing/Printing/Mailing Services FY14 $140,000 (includes $70,000 for postage reimbursement) FY15 $170,000 (includes $100,000 for postage reimbursement) August 10, 2016 Page 2 FY16 $170,000 (includes $100,000 for postage reimbursement) FY17 $170,000 (includes $100,000 for postage reimbursement) Recommendation: With the ERP system upgrade and the additional staff time required to change service providers, we are proposing to extend the billing/printing services contract with SourceHOV for an additional year to September 2017. An RFP for billing, printing, and mailing services will be issued in 2017 to gather pricing for the new contract term that would begin in September 2017. Cc: Mary Niichel-Hegwood, Purchasing Agent Christine Weinard, Buyer I ,fid ( I I ) Prepared by: Brenda Nations, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6161 RESOLUTION NO. 16 - RESOLUTION AUTHORIZING MAYOR TO SIGN MAYORS MONARCH PLEDGE WHEREAS, The monarch butterfly is one of the most iconic and most studied butterflies in North America; and WHEREAS, The monarch is also extremely beneficial, pollinating many cultivated flowers and crops, and serves as an indicator species for the ecological health of large geographic areas; and WHEREAS, In recent years, however, migrating monarch populations in Iowa and across the country have dwindled, continuing what scientists call an "increasingly alarming decline"; and WHEREAS, A major cause of decline in the migrating monarch butterfly population is the widespread loss of the milkweed plant, which is the only plant monarch butterflies lay their eggs on, and the monarch's primary larval food source; and WHEREAS, Iowa's native milkweeds, including butterfly, swamp, common and whorled milkweed can be planted in gardens, prairies and wetlands; and WHEREAS, A greater effort is needed on the part of public and private organizations and individuals to build and protect monarch butterfly habitats, including native milkweed, so that future generations may enjoy the annual monarch butterfly migration; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT THE MAYOR IS AUTHORIZED TO SIGN THE MAYORS MONARCH PLEDGE ON BEHALF OF THE CITY OF IOWA CITY. Passed and approved this 16th day of August 2016. ATTEST: CITY -CLERK L, M4&OR Approved by 4;1�� &-((-(C City Attorney's Office Resolution No. Page 2 16-249 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: FAN= NAYS: ABSENT: ABSTAIN: Thomas the Botchway Cole Dickens Mims Taylor Thomas Throgmorton 08-16-16 CITY OF IOWA CITY 2d(11) MEMORANDUM Date: August 10, 2016 To: Geoff Fruin, City Manager From: Brenda Nations, Sustainability Coordinator Re: Mayors Monarch Pledge Introduction: Many municipalities across the nation are taking action to help save the declining monarch butterfly population. In recent years, monarch numbers have decreased at an alarming rate. The wintering population in Mexico has decreased more than 90%, which is thought to be due to habitat loss, pesticide use and climate change. Because cities can play an active role in restoration efforts, many Mayors have signed the National Wildlife Federation's Mayors Monarch Pledge to show their support and commitment. A copy of the Pledge is attached. Discussion: After discovering that employees across several departments have been taking action towards monarch conservation, staff has held several meetings to communicate and collaborate in our combined monarch conservation efforts. A webpage was created to begin to add information for education purposes and to demonstrate areas that have monarch habitat, which also has a "story map" that includes information about monarch as well as monarch habitat in Iowa City. The webpage can be found on the City website under the name ICMonarchs. A monarch festival is planned for Sept. 11th at the East Side Recycling Center, to show residents how to identify caterpillars, raise monarchs and grow milkweed. Milkweed and other native plants for pollinators have been planted this year in the Napoleon parking lot medians, the Fire Station 4 biocell, and the median on Washington St. near City Hall. The City has also registered Monarch Way Stations. Recommendation: To sign the Mayor's Monarch Pledge, a form must be filled out on line with the City's information, the Mayors email address and a staff contact. The city must check the actions that they plan to take in the upcoming year in the areas of Communications & Convening, Program and Demonstration Gardens, and Systems Change. Staff feels confident that these actions align with current plans that we are already undertaking to continue our efforts. It is recommended that the Mayor sign the Pledge to show the City's support in taking action to save the monarch population. Cc: Doug Boothroy, Neighborhood and Development Services Director Juli Seydell-Johnson, Parks and Recreation Director Zac Hall, Parks and Forestry Superintendent WW4�1I NATIONAL 1 !/1)F I)ERAT ION Mayors' Monarch Pledge The monarch butterfly is an iconic North American species whose multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of Americans. We, the undersigned mayors and local government chief executives, are deeply concerned about the decline of the monarch butterfly population. Twenty years ago, more than one billion Eastern monarch butterflies migrated to Mexico. In the winter of 2014, only 60 million made the trip. The North American monarch population has declined by more than 90 percent in the past two decades. Monarch scientists attribute the decline to degradation and loss of summer breeding habitat in the U.S., and loss of winter habitat in Mexico. Western populations of monarch butterflies that overwinter in California are also in decline. Cities, towns and counties have a critical role to play to help save the monarch butterfly. Municipalities in particular can provide habitat at public parks, median strips, community gardens and municipal buildings that serve as community hubs such as recreation centers and libraries. Schools, homes and businesses can all provide essential habitat for monarchs too. Simple changes in landscaping ordinances or school policies can make a big difference for the monarch. Educating citizens about how and where to grow milkweed is also a key piece of the puzzle. Creating habitat and educating citizens will benefit other pollinators that need healthy habitat as well. When mayors speak up and take a stand, citizens notice. Therefore, we hereby commit to help restore habitat for the monarch and encourage our citizens to do the same, so that these magnificent butterflies will once again flourish across the continent. Sign the pledge at www.nwf.org/mayorsmonarchpledge NATIONAL FEDERATION Mayors' Monarch Pledge Action Items Mayors and local government chief executives who have taken the Mayors' Monarch Pledge must commit to implement at least three of the 25 following action items within a year of taking the pledge. At least one action must be taken from the "Program & Demonstration Gardens" section. Mayors and local government chief executives taking more than eight actions will receive special recognition as part of the National Wildlife Federation's Mayors' Monarch Leadership Circle. NWF will follow up with all mayoral points of contact with a quarterly survey (1/1, 4/1, 7/1, 10/1) to monitor progress. Please visit www.nwf.org/mavorsmonarchpledge to take the pledge and access resources. Communications & Convening: 1) Issue a Proclamation to raise awareness about the decline of the monarch butterfly and the species' need for habitat. 2) Launch a public communication effort to encourage citizens to plant monarch gardens at their homes or in their neighborhoods. 3) Communicate with community garden groups and urge them to plant native milkweeds and nectar -producing plants. 4) Convene city park and public works department staff and identify opportunities for revised mowing programs and milkweed / native nectar plant planting programs. 5) Convene a meeting with gardening leaders in the community to discuss partnerships to support monarch butterfly conservation. Program & Demonstration Gardens: 6) Host or support a native plant sale or milkweed seed giveaway event. 7) Facilitate or support a milkweed seed collection and propagation effort. 8) Plant a monarch -friendly demonstration garden at City Hall or another prominent location. 9) Convert abandoned lots to monarch habitat. 10) Plant milkweed and native nectar plants in medians and public rights-of-way. 11) Launch a program to plant native milkweeds and nectar plants in school gardens by engaging students, teachers and the community. 12) Earn recognition for being a wildlife -friendly city by expanding your action plan to include other wildlife and habitat conservation efforts through a program like the NWF Community Wildlife Habitat program 13) Create a monarch neighborhood challenge to engage neighborhoods and homeowners' associations within the city to create habitat for the monarch butterfly. 14) Initiate or support citizen -science efforts that help monitor monarch migration and health. 15) Add milkweed and nectar producing plants in community gardens. 16) Expand invasive species removal programs to make it possible to re-establish native milkweed and nectar plants to the landscape. 17) Host or support a city monarch butterfly festival. Systems Change: 18) Remove milkweed from the list of noxious plants in city weed / landscaping ordinances (if applicable). 19) Change weed or mowing ordinances to allow for native prairie and plant habitats. 20) Increase the percentage of native plants, shrubs and trees that must be used in city landscaping ordinances and encourage use of milkweed where appropriate. 21) Direct city property managers to consider the use of native milkweed and nectar plants at city properties where appropriate. 22) Integrate monarch butterfly conservation into the city's Park Master Plan, Sustainability Plan, Climate Resiliency Plan or other city plans. 23) Change landscape ordinances to support integrated pest management and reduced use of pesticides and insecticides. 24) Adopt pesticides practices that are not harmful to pollinators. 25) California Specific: Pass a resolution to protect over -wintering monarch butterfly habitat on public and private lands. Prepared by: Dave Panos, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 RESOLUTION NO. 16-250 RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 6, 2016 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SYCAMORE STREET AND LOWER MUSCATINE ROAD LANDSCAPE IMPROVEMENTS PROJECT 2016, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Lower Muscatine Road Landscaping account #P3978, S.Sycamore Landscaping — Langenberg to L account # P3979, and S.Sycamore Landscaping — Langenberg to Hwy 6 account # P3980. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6th day of September at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 16th day of August 2016. MOOR Approved by ATTEST: ���«� 7� . >�,/ _4G62 " CITY ERK City Attorney's Office/��/�� Resolution No. 16 - Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: X NAYS: ABSENT: ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton the r > 2e(1) CITY OF IOWA CITY MEMORANDUM DATE: August 9, 2016 TO: Geoff Fruin, City Manager FROM: Jason Havel, City Engineer7lii RE: Sycamore Street and Lower Muscatine Road Landscape Improvements Project 2016 August 16, September 6, October 4 Introduction: This agenda item begins the bidding process for the Sycamore Street and Lower Muscatine Road Landscape Improvements Project 2016. History / Background: The City is interested in adding corridor beautification with street trees and other amenities to these recently completed project areas: • Sycamore Street Improvements 2010 and 2015 — Hwy 6 to Lehman Avenue • Highway 6/ Sycamore Street Intersection Improvements • Lower Muscatine Road Reconstruction Project - Kirkwood Avenue to First Avenue The Lower Muscatine Road project included an agreement for installation of landscaping along the frontage and within parking lot areas of Mid -American Energy and Kirkwood College Campus. Landscaping is also needed to fulfill landscaping obligations with escrowed money for Brookwood Pointe Parts 1, 2, and 3 subdivisions. The Sycamore Street Improvements 2015 included two roundabouts, and landscaping is needed now for the new roundabout areas. In March of 2016, the City Public Works Department hired Shive-Hattery, Inc. of Cedar Rapids as the landscape architect consultant to complete the final landscaping design for the project. The landscaping plan has been completed and includes design for installation of various sizes and species of street trees in the parkway within the areas identified above. This project was previously bid twice with separate letting dates. The first bid letting resulted in receiving bid pricing that exceeded 125% of the Opinion of Probable Costs Bids for the first letting were rejected and the project was rebid. The second bid letting also resulted in the City rejecting bids after receiving only one that exceeded 125% of the Opinion of Probable Costs. Discussion of Solution: Proposed landscaping for the roundabouts includes a variety of low maintenance native grasses, flowers, and ornamental trees plantings. To increase the height of the center of the roundabouts, each will include a low profile decorative concrete block wall forming a center ring. During project design, the consultant coordinated with the Parks and Recreation Department to choose acceptable varieties of plantings in an effort to install lower maintenance varieties. Since the second bidding effort, the project plans have been revised to include two milestone dates. The first milestone date requires wall installation and plantings installed in the roundabout prior to winter of 2016. The second milestone date requires completion of street trees and other plantings in the spring of 2017. After meeting with project bidders to discuss concerns with previous bid sets, it is our understanding that this revised schedule will allow more suppliers and contractors more time to plan operations, including securing plant material to provide for more favorable bids. Financial Impact: The estimated cost for the planned improvements is $261,368.84. This project is funded by Road Use Tax proceeds and GO Bonds. Recommendation: Staff recommends proceeding with setting public hearing for the plans, specifications, form of contract, and estimate of cost for construction of the Sycamore Street and Lower Muscatine Road Landscape Improvements Project 2016. The proposed project schedule will be as follows: • August 16, 2016 - Set Public Hearing on Contract Documents • September 6, 2016 - Hold Public Hearing on Contract Documents • October 4, 2016 - Award Project cc: Ron Knoche, Public Works Director Dave Panos, Senior Civil Engineer Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 16-251 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF THE CITY'S INTENTION TO PROCEED WITH FUNDING FINAL DESIGN AND PROPERTY ACQUISITION FOR THE PROPOSED HEBL AVENUE IMPROVEMENTS PROJECT AND SETTING PUBLIC HEARING THEREON FOR SEPTEMBER 20, 2016. WHEREAS, the City Council proposes to proceed with the final design of the Hebl Avenue Improvements Project, which will include reconstruction of Hebl Avenue from IWV Road to the landfill entrance located at 3900 Hebl Ave SW, Iowa City, Iowa ("Project"); and WHEREAS, the preliminary design of the Project indicates that the proposed Project may require that the City acquire certain property rights from owners of agricultural land; and WHEREAS, pursuant to Iowa Code Section 6B.2A, certain notice must be published and mailed to affected property owners, and a public hearing must be held before the City adopts a resolution or other declaration of intention to fund the final site-specific design for the Project, to make the final selection of the route of the Project, or to acquire to condemn any property for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The map showing the proposed location of the Hebl Avenue Improvements Project is on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the City's intention to proceed with funding the final design Hebl Avenue Improvements Project and to acquire property rights therefor is to be held on the 20th day of September, 2016, at 7:00 p.m. in the Emma J. Harvat Hall, 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. 3. The Department of Public Works is hereby authorized and directed to cause written notice of the public hearing and intention to proceed with said project and acquisition of property for said project to be mailed to each owner and any contract purchaser of record of agricultural land that may be the subject of condemnation. Said Notice of Public Hearing be mailed by ordinary mail, not less than thirty days before the date of the public hearing to the owner and any contract purchaser of record of each property at the owner's and contract purchaser's last known address as shown in the records of the county auditor not less than seven days no more than fourteen days prior to the date of the mailing. 4. The City Clerk is hereby authorized and directed to cause said Notice of Intent to be published in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Resolution No. 16-251 Page 2 Passed and approved this 16th day of August 20 16 4�� 1 M OR ATTEST: )(;;;i� CI LERK It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: NAYS: F4 peeng/masteympmvms.do 1/11 Appr ved by �Yit �t City Attorney's Office Thomas ABSENT: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton Date: August 10, 2016 CITY OF IOWA CITY MEMORANDUM To: Geoff Fruin, City Manager From: Jason Havel, City Engineer Z & Re: Hebl Avenue Improvements Project Property Acquisition Introduction The Project includes reconstruction of Heb] Avenue from IWV road to the Landfill and Recycling Center entrance. Histo Background Hebl Avenue currently serves as the entrance road to the Landfill and Recycling Center and the majority of traffic is heavy refuse trucks. The current roadway is a 22' wide rural chip and sealcoat roadway with roadway ditches on either side for managing storm water runoff. In addition, the existing creek culvert under Hebl Avenue is in need of repair. There are two possible neighboring property owners that may be affected by property acquisition. It is anticipated acquisition will be limited to temporary construction easements. 08-16-16 2e(4) Discussion of Solutions The reconstruction of Hebl Avenue will include improving the roadway to full depth PCC with rock base and partial curb to improve the drainage system. A new roadway culvert will be installed for the creek with new guard rails to improve safety. This public hearing and mailing will notify the two neighboring property owners of possible property acquisition needs. Financial Impact Design engineering cost is set at $76,000 and property acquisition costs are estimated at $20,000. The Engineer's estimate of construction costs is $850,000. The project will be funded by landfill revenues and funding for this project is available in the budget for fund number L3322. Recommendation Staff recommends proceeding with the following schedule for property acquisition for this project. August 16 - Set Public Hearing Authorizing Property Acquisition September 20 - Hold Public Hearing Authorizing Property Acquisition cc: Ron Knoche, Public Works Director Daniel Scott, Senior Civil Engineer Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;319-356-5230 RESOLUTION NO. 16-252 RESOLUTION AUTHORIZING THE CONVEYANCE OF A PORTION OF COTTONWOOD AVENUE EAST OF YEWELL STREET TO LAURA CROSSETT WHEREAS, Applicant Laura Crossett, as owner of 1420 Yewell Street, has requested that the City vacate and convey via quit claim deed that portion of Cottonwood Avenue east of Yewell Street to facilitate an addition to her house; and WHEREAS, the City has declared its intention to approve this proposed conveyance, set a public hearing thereon and published notice as required by law; and WHEREAS, after approving the vacation of the public right-of-way over said portion of Cottonwood, this Council did hold a public hearing on the proposed conveyance in accordance with the published notice; and WHEREAS, there currently exists an electric utility line across the southerly portion of this property, owned by MidAmerican Energy, who has expressed the intention to continue using the property for that purpose; and WHEREAS, it is in the public interest to convey to Laura Crossett this property for fair market value thereof, subject to the retention of an electric utility easement over the southerly 40' thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the conveyance of THAT PORTION OF COTTONWOOD AVENUE LOCATED EAST OF YEWELL STREET BETWEEN LOTS 77 AND 78, KIRKWOOD HEIGHTS ADDITION TO IOWA CITY, IOWA, AS SHOWN IN PLAT BOOK 3, PAGE 137 IN THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE to Laura E. Crossett, or her successor in interest, subject to the retention of an electric utility easement, in consideration for payment of $15,000, fair market value for said rights. 2. The Mayor is authorized, and the City Clerk to attest, any and all documents necessary to effectuate such conveyance in a form approved by the City Attorney. Passed and approved this 16th day of August 2016. G` MA OR Approved by ATTEST:e �4 CITYCLERK ity Attorney's Office -,A& /40 Resolution No. Page 3 It was moved by Botchwav and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: % Botchway % Cole x Dickens x Mims % Taylor % Thomas % Throgmorton Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240; 3195565240 RESOLUTION NO. 16-253 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF UPDATING THE 2001 SURVEY AND EVALUATION OF THE CENTRAL BUSINESS DISTRICT. WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City desires to update the 2001 Survey and Evaluation of the Central Business District to identify and evaluate potentially historic structures at an estimated cost of $20,000; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a $12,000 cost reimbursement CLG Grant for updating the 2001 Survey and Evaluation of the Central Business District; and WHEREAS, the grant program requires the City fund 40% of the project costs, which is estimated to be an $8,000 local match for this project; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources, in accordance with the Comprehensive Plan including the Iowa City Historic Preservation Plan and the Downtown and Riverfront Crossings Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Historic Preservation Commission is hereby authorized to file an application for a $12,000 CLG Grant for the purpose of updating the 2001 Survey and Evaluation of the Central Business District. 2. The City hereby commits to funding 40% of total project cost local match requirement, should the application be approved. 3. The Mayor is hereby authorized and directed to sign a letter in support of the application stating that the City approves of the application and commits to meeting the local match obligation. The Mayor is further authorized to execute, and the City Clerk to attest, a grant agreement for these purposes, should the application be approved. Passed and approved this 16th day of August '2016. L MOOR Approved by ATTEST: -P. iC2•t,rJ4Ci cL r/ CI LERK ttorney's Office P (fi7� Resolution No. Page 2 16-253 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton the CITY OF IOWA CITY 4 MEMORANDUM Date: August 10, 2016 To: Mayor T ogmorton and City Council From: Ginalie Swaim, Chair, Historic Preservation Commission %�B'ob Miklo, Senior Planner Re: Certified Local Government (CLG) Grant application At its June 9, 2016, meeting, the Historic Preservation Commission voted 9-0 to apply for a Certified Local Government (CLG) grant from the State Historic Preservation Office (SHPO) to update the Survey and Evaluation of the Central Business District. The Commission requests council approval to apply for the grant and budget $8,000 for the required grant match. The Certified Local Government Program is a partnership between local, state, and federal governments for historic preservation work. Because Iowa City has been designated as a Certified Local Government, the Historic Preservation Commission is eligible for federal and state grants. These grants have been critically important tools for us over the years. CLG grants funded our Preservation Plan as well as several surveys of neighborhoods and National Register nominations A CLG grant funded a survey of the Iowa City downtown in 2000-2001. The resulting report, "Survey and Evaluation of the Central Business District" by preservation consultant Marlys Svendsen, comprised an overview narrative as well as site forms and evaluations for 135 buildings. Because the survey is now nearly 16 years old, it needs to be reviewed and updated. Since the completion of the 2001 survey, some downtown buildings have been lost to fire, some have been restored, and new buildings have been constructed. These changes may affect the eligibility of properties for the National Register of Historic Places. The Historic Preservation Commission proposes to apply for a CLG Grant for the purpose of hiring a historic preservation consultant to update the survey. The goal of the project is to identify properties worthy of designation as landmarks or as part of a historic district. The Commission is applying for a $12,000 grant requiring a local match of $8,000. Feel free to contact either of us if you have any questions. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-254 RESOLUTION AUTHORIZING TRANSITION PAYMENT TO TENANTS OF ROSE OAKS APARTMENTS FROM CITY'S AFFORDABLE HOUSING FUND WHEREAS, on February 26, 2016 the Rose Oaks Apartment complex at 2401 Highway 6 East, Iowa City (hereinafter "Rose Oaks Apartment complex" or "property") was purchased by College Fund Properties II, LLC and Tod Quiring (hereinafter "new Owners"); and WHEREAS, at the time of said acquisition there were 21 buildings and 400 dwelling units on the property; and WHEREAS, for some time prior to said acquisition there were ongoing concerns at the property including insect infestation, continual maintenance issues with the central boiler and breakdowns in heating and water damage such that two buildings were not approved for rental permits and were vacant; and WHEREAS, effective December 2012, the Iowa City Housing Authority stopped allowing housing choice vouchers to be used at the Rose Oaks Apartment Complex due to living conditions and management practices by the prior owner; and WHEREAS, at the time of said acquisition, 207 units on the site were occupied with current rents between $500 and $710 per month, some of the least expensive rental units in Iowa City; and WHEREAS, the new owners planned a full scale renovation of the apartment complex, including demolition of some buildings, remodeling of others and construction of new buildings, and filed an application with the City for approval of a site plan; and WHEREAS, the new owners' plan to remedy the conditions that have existed at the property is consistent with the purpose of the City's Housing Code, as stated at Section 17-5-2 of the City Code, to "ensure that housing facilities and conditions are of the quality necessary to protect and promote the health, safety and welfare of not only those persons utilizing the housing, but the general public as well."; and WHEREAS, in March of 2016 Rose Oaks management notified the tenants that as leases expired they would not be renewed and would therefore terminate on the last day of the lease; and WHEREAS, at the time of said notification there were a variety of lease end dates ranging from the end of March of 2016 to March 2017; and WHEREAS, in notifying the tenants that leases would not be renewed, the Rose Oaks management acknowledged that the notice was "short" and "finding housing may be difficult" but stated that it was their desire to have "everyone moved from the property before summer'; and WHEREAS, to that end the management offered those tenants with later lease expiration dates an immediate return of the entire security deposit and an additional $500 payment to voluntarily void their lease agreement and vacate the premises; and WHEREAS, the City provided $15,000 in HOME funds and the Rose Oaks management contributed $30,000 of additional funds to assist the tenants with moving expenses, security deposits and/or rent payments; and Resolution No. 16-254 Page 2 WHEREAS, Shelter House took the lead in meeting on-site with residents to help them locate housing, navigate the various assistance programs and manage the disbursement of the City and Rose Oaks funds to vendors/landlords; and. WHEREAS, in addition to the money contributed by the City and the Rose Oaks management, significant community resources have been necessary to assist tenants with the transition to new housing, including the efforts of Shelter House and other service agencies, the Center for Worker Justice and community members who helped tenants move from the property on August 1, 2016; and, WHEREAS, neither the City nor the new owners/management are legally obligated to compensate the tenants for moving expenses and/or replacement housing; and, WHEREAS, in light of the above circumstances, including the size and nature of the apartment complex and the number of tenants displaced, the difficulty of finding replacement housing affordable to Rose Oaks tenants on short notice during the summer months, the condition of the housing necessitating the full-scale renovation of the apartments consistent with the purpose of the City's Housing Code, the cooperation of the new owners including the communication with the City, contribution of funds and extension of the moving date to August 1 for leases expiring before then, the impact on the affordable housing stock in Iowa City and the likelihood that after the renovations the rents will exceed what is affordable to some of the former tenants, and the lack of fault on the part of the tenants, the City Council believes that it is in the public interest to provide, from the City's affordable housing fund, an additional $250.00 transition payment per household to Rose Oaks tenants who had a valid lease as of February 27, 2016 to assist tenants who have been displaced or otherwise burdened by the renovation of the Rose Oaks Apartment complex. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. Each of the 207 households with a valid lease at the Rose Oaks Apartment Complex as of February 27, 2016, as shown by the list provided to the City by Rose Oaks management, shall be eligible, upon application, to receive a transition payment of $250.00 from the City's affordable housing fund. 2. Application for such funds must be made no later than October 31, 2016. 3. The City Manager, or designee is authorized to administer the application process and distribution of said funds to eligible tenants. Passed and approved this 16th day of August 20 16 ATTEST: 3!/",M2 e . 7t",-,) � C —� ITY CLERK MAYOR r ve /, �� Y:31 City Attorney's Office Resolution No. Page 3 16-254 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: x x NAYS: ABSENT: ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton the Im Marian Karr From: Garry Klein <garryfromiowa@gmail.com> Sent: Monday, August 08, 2016 1:53 PM To: Council Subject: Support for Rose Oaks Tenants and Others Dear Mayor Throgmorton and City Council members, I applaud the concerted efforts on behalf of the displaced residents of Rose Oaks. Too often, low-income residents find themselves pushed out of housing for many reasons. Council member Cole is to be applauded fro his leadership on the issue and the rest of you for your support. In addition, in an article in the Press -Citizen, Councilor Susan Mims is quoted as saying "There's lots of people that don't have their leases renewed, I would say if you go around this community and start asking a lot of people who are in social services and work with these folks, you're going to find a lot of people who are not leaseholders at Rose Oaks who end up in the exact same situation. She is further quoted as saying "(Social service agencies) are inevitably getting people coming in there, single parents with families, whatever the situation may be, whose leases have not been renewed with virtually no notice. They are just as deserving as people living at Rose Oaks and the fact that their leaseholder was not Rose Oaks, what you are saying by this action is that they are not as deserving because they are not part of this, quote, 200 people." Her point is well taken. As an actionable step, perhaps the city can use some funds from the Community Block Grant funds or tax dollars that come in after TIFs expire to set up an emergency fund for other such residents. And perhaps it could be matched by the Iowa City or Johnson County Foundations and from donations of inclined others? Iowa City is having its share of growing pains, but assuring that residents may remain residents should be a priority of our city. It calls for innovative solutions and/or reuse of funds that now may go elsewhere. I'd look forward to hearing how this council approaches this problem in a way that benefits the population that truly needs the support. Best regards, Garry Klein 628 2nd Ave. Late Hando (Date) Distributed n�M,,aiSgTf Ful m P E c—C�/i—l" l Soo WWK &FCL)T%'VZ Coi.aG/t�ECc l u oj u ac V azz �T-t_vCATIc,r) FL),JS o�� ■7 ff %:J WE �ey7-ev-- •O •�r-wJ `�'l�� � l C i U c.�5 [ _c_( tl/� i%31GGy';'..� �2e2e_O P/'a V(cTI n15 1 �G `fir u✓( p ,n q.—. -- i8 k(1JZ- Iz sA4jF;•,4-5 Ire, LG�ev �v vj Cv (p GI' ! 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G.�•��E .�rr-�-Q� ..,_ • F � ct [, cl �.[ G..JZ,_,� kjs \_e �' ,� r __ /�_ C.v�..n ..-_,t L--_.4-,_.� .. �.r ` ..�'�\ /' moi_ �._Ju.', rj.-wt-'✓"ir-<--`'._ ij I1 4- 1 1.11 It,r JAI- ` f �� 1 .� _p'_I�'/ UGi.[-/V GYl/ v` � ✓ a :CS'./` CL P` Y{J�:K � �'�� YY.i'�.-J' s� vll [ i R)(— GNy j2i'4n')Cv— q ��C�-i.ay;,c�[ j � ei.s�� rit.'� �SS -i �,/' �cr�J�'�✓.,c�.� uw /vim rv. IL t e /2z� e [2c,u tCe w- jjrw2`•.v -S `r PrzR is Cc- .,,.jsOe- � Pj�;3cr�cti, 13 t Ctrl l—=x�7e-u; [cjiF- � j7 W \AJ ILL r�� i3 a fG 12 OA jZut,J 5% TIL s10,, S C-1 t l til_ 1 G p., Gf2�ry n>CC c* ASS into Clk�tc 5TATfzi"�s7S j ��r��� c' F - o p "13c7u1 �� IZC��..i✓nn\C �c.�Sj'lCl���® Marian Karr From: Harry03 <Harry03@aol.com> Sent: Monday, August 15, 2016 8:48 PM To: robin-clark-bennett@uiowa.edu; Rockne Cole; Charlie Eastham; Jim Throgmorton Cc: Marian Karr; Tracey Achenbach; Geoff Fruin; Simon Andrew Subject: Rose Oaks Robin: As much as I support the Iowa City Council assisting Rose Oaks residents with $250.00 towards moving expenses experience by residents of Rose Oaks when they received an unexpected notice to vacate their apartment. I am concerned if former residents of Rose Oaks moved out of the city or moved elsewhere in Iowa, or out of state are they eligible for the $250.000 city program and should they be. I support the stipend given only to residents that continue to reside in Iowa City. Harry Olmstead 1951 Hannah Jo CT Iowa City, IA 52240 319-338-2930 Marion: please distribute to City Council. Sent from my Galaxy Tab® A Late Handouts Distributed $ \�6 \\� (Date) M ITEMS TO INCLUDE ON AGENDA FOR AUGUST 16, 2016 CITY OF IOWA CITY, IOWA $12,805,000 Taxable Urban Renewal Revenue Capital Loan Notes, Series 2016E. • Resolution approving and authorizing Loan Agreements and authorizing and providing for the issuance of Taxable Urban Renewal Revenue Capital Loan Notes and providing for a method of payment of the Notes. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. August 16, 2016 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 o'clock P .M., on the above date. There were present Mayor Pro tem Botchway , in the chair, and the following named Council Members: Botchway, Dickens, Mims,Taylor, Thomas ABSTAIN: Cole, Throgmorton Absent: Mayor Throgmorton and Council Member Cole previously announced they would be abstaining from consideration of this resolution. At the beginning of consideration of this resolution Mayor Throgmorton and Council Member Cole left the meeting and returned after consideration of this resolution. -1- Council Member Mims introduced the following Resolution entitled "A RESOLUTION APPROVING AND AUTHORIZING LOAN AGREEMENTS AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $12,805,000 TAXABLE URBAN RENEWAL REVENUE CAPITAL LOAN NOTES, SERIES 2016E, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES ", and moved its adoption. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was: AYES: Botchway, Dickens, Mims, Taylor, Thomas ABSTAIN: Cole, Throgmorton (left meeting for consideration) NAYS: Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. 16-255 A RESOLUTION APPROVING AND AUTHORIZING LOAN AGREEMENTS AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $12,805,000 TAXABLE URBAN RENEWAL REVENUE CAPITAL LOAN NOTES, SERIES 2016E, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as "Issuer", did heretofore adopt an urban renewal plan by Resolution No. 2157, passed and approved October 2, 1969 for the City -University Project I Urban Renewal Plan, as amended. Said plan, as amended, authorizes the undertaking of urban renewal projects in accordance therewith and Chapter 403 of the Code of Iowa, including the Project outlined herein; and WHEREAS, the City did, on December 11, 2001, adopt Ordinance No. 01-3391 under which the taxes levied on the taxable property in the Urban Renewal Area shall be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended, (which special fund is hereinafter referred to as the "Urban Renewal Tax Revenue Fund" or the "Revenue Fund") which fund is created in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or otherwise, including bonds issued under the authority of Section 403.9 of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part authorized urban renewal projects in the City- -2- University Project I Urban Renewal Plan Urban Renewal Area ( the "Urban Renewal Area"), and pursuant to which Ordinances such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such indebtedness; and WHEREAS, the cost of carrying out the purposes and provisions of the Project, the purposes set forth in Section 3 hereof is $12,805,000 and provision must now be made by the City to provide for the payment of such costs payable solely and only from incremental taxes under Iowa Code Section 403.19 produced by the City -University Project I Urban Renewal Plan; and WHEREAS, pursuant to the provisions of Iowa Code Chapter 403, bonds issued under said Chapter are not subject to any other law relating to the authorization, issuance or sale, and are declared to be issued for an essential public purpose; and WHEREAS, the notice of intention of the City to take action for the issuance of bonds pursuant to Iowa Code Section 403.9 was duly published on June 1, 2015 a hearing was held on June 8, 2015, and the City Council took additional action for the sale and issuance of not to exceed $14,200,000 Urban Renewal Tax Increment Revenue Bonds; and WHEREAS, Iowa Code Section 403.17(3) defines "Bonds" as used in Chapter 403 to include "notes" and "other obligations"; and WHEREAS, Iowa Code Section 403.9(4) provides that bonds sold under Iowa Code Section 403.9 may be sold at public or private sale; and WHEREAS, the City has obtained proposals for the private sale of Taxable Urban Renewal Revenue Capital Loan Notes, pursuant to Iowa Code Chapter 403.9 and has determined necessary and advisable that the notes be issued in the amount of $12,805,000 in accordance with the terms of this Resolution; and WHEREAS, it is now necessary and advisable that provisions be made for the issuance of Notes in the amount of $12,805,000 Taxable Urban Renewal Revenue Capital Loan Notes, Series 2016E, pursuant to the provisions of Section 403.9 of the Code of Iowa, payable solely from Net Revenues of the Urban Renewal Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, 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: • "Additional Obligations" shall mean any urban renewal revenue notes or bonds issued on a panty with the Notes in accordance with the provisions of this Resolution. -3- • "Clerk" shall mean the City Clerk, or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. • "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the Urban Renewal Area. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year. • "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the Urban Renewal Area. • "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. "Issuer" and "City" shall mean the City of Iowa City, State of Iowa. • "Loan Agreements" shall mean the Loan Agreements between the Issuer the Original Purchasers, respectively, in substantially the form attached to and approved by this Resolution. • "Net Revenues" of the Urban Renewal Area or Urban Renewal Area shall mean the Tax Increment Revenues available as are derived from or held in connection with the Urban Renewal Area. • "Notes" shall mean $12,805,000 Taxable Urban Renewal Revenue Capital Loan Notes, Series 2016E, authorized to be issued by this Resolution, to be issued as two separate Notes in the amount of $9,805,000 and $3,000,000 respectively. "Ordinance" shall mean Ordinance No. 01-3991, as amended, of the City. • "Original Purchasers" shall mean MidWestOne Bank of Iowa City, Iowa and First National Bank, Ames, Iowa of Ames, Iowa. • "Outstanding Obligations" shall mean the Taxable Urban Renewal Revenue Bonds, Series 2012D, dated November 29, 2012, part of which obligation id still outstanding and unpaid and remain a lien on the Net Revenues of the Urban Renewal Area. • "Parity Obligations" shall mean urban renewal revenue notes, bonds or other obligations payable solely from the Net Revenues of the Urban Renewal Area on an equal basis with the Notes herein authorized to be issued, and shall include the Outstanding M Obligations and Additional Obligations as authorized to be issued under the terms of this Resolution. • "Paying Agent" shall mean the City Controller of, 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 Notes as the same shall become due. "Permitted Investments" shall mean: ■ direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; ■ obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: — Export - Import Bank — Farm Credit System Financial Assistance Corporation — USDA Rural Development — General Services Administration — U.S. Maritime Administration — Small Business Administration — Government National Mortgage Association (GNMA) — U.S. Department of Housing & Urban Development (FHA's) — Federal Housing Administration ■ reloan agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Reloan agreements do not include reverse reloan agreements; ■ senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; ■ U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short- term certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1 " by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); ■ commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; -5- ■ investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P, or "AAA" or "AA" by Moody's Investors Services, Inc.; ■ pre -refunded municipal obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; ■ tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; ■ an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and Iowa Public Agency Investment Trust. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Notes. • "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 Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. "Resolution" shall mean this resolution authorizing the issuance of the Notes. • "Revenue Fund" shall mean the special fund Under Iowa Code Section 403.19 into which all Tax Increment Revenues of the Urban Renewal Area shall be deposited. • "Tax Increment Revenues" shall mean the revenues received into the special tax fund created by the Ordinance and authorized by Section 403.19(2) of the Code of Iowa derived from the Urban Renewal Area. • "Treasurer" shall mean the Finance Director of the City of Iowa City, Iowa, or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. • "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Notes under section 148 (a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Loan Agreements and the Notes authorized by this Resolution shall be issued pursuant to Section 403.9, of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Loan Agreements shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor Pro Tem and attested by the City Clerk. In any suit, action or proceeding involving the validity or enforceability of the Notes or the security therefor, the Notes shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Iowa Code Chapter 403. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, two Revenue Notes of the City of Iowa City, in the County of Johnson, State of Iowa, in the amounts of $9,805,000 and $3,000,000, for the purpose of paying costs of aiding in the planning, undertaking, and carrying out of an urban renewal project for the redevelopment of real property, including one or more grants to a redeveloper, The Chauncey, L.L.C., in connection with the construction of Class A office space, workforce housing, a hotel, a bowling alley and movie theatre at the northeast corner of College and Gilbert Streets. Section 4. Source of Payment. Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Obligations. The amounts herein required to be paid into the various funds named in this Resolution shall be inclusive of payments required in respect to the Outstanding Obligations. The provisions of the resolution or resolutions referred to in Section 1 of this Resolution and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall prevail until such time as the Obligations authorized by the earlier resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. The Notes herein authorized and Parity Notes and Parity Obligations and the interest thereon shall be payable solely and only out of the net earnings of the Urban Renewal Area and shall be a first lien on the future Net Revenues of the Urban Renewal Area. The Notes shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the -7- failure of the net revenues to be sufficient for the payment of the Notes. The Notes are hereby declared to be issued for essential public and governmental purposes for a qualified urban renewal project. Section 5. Note Details. Taxable Urban Renewal Revenue Capital Loan Notes, Series 2016E, of the City in the amount of $9,805,000 and $3,000,000 respectively, shall be issued to evidence the obligations of the Issuer under Loan Agreements pursuant to the provisions of Section 403.9 of the City Code of Iowa for the aforesaid purpose. The Notes shall be designated "TAXABLE URBAN RENEWAL REVENUE CAPITAL LOAN NOTES, SERIES 2016E", be dated September 15, 2016, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, such interest payable on December 1, 2016, and semiannually thereafter on the 1 st day of June and December in each year until maturity at the rates hereinafter provided. The Notes shall be executed by the manual or facsimile signature of the Mayor Pro Tem and attested by the manual or facsimile signature of the City 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 Note. The Notes shall be in the denomination of $9,805,000 and $3,000,000, respectively. Two Notes will be issued and shall mature on June 1, 2036 and will be payable as follows: Note No. 1 (MidWestOne Bank, Purchaser) in the amount of $9,805,000 WE After Payment Interest Mandatory Payment Remaining Rate Call Amounts Dates Principal 3.000% $738,916 2022 $9,066,084 3.000% $735,088 2023 $8,330,996 3.000% $731,259 2024 $7,599,737 3.000% $727,431 2025 $6,872,306 3.000% $727,431 2026 $6,144,875 3.000%* $631,716 2027 $5,513,159 3.000%* $555,144 2028 $4,958,015 3.000%* $566,630 2029 $4,391,385 3.000%* $578,116 2030 $3,813,269 3.000%* $593,430 2031 $3,219,839 3.000%* $608,745 2032 $2,611,094 3.000%* $624,059 2033 $1,987,035 3.000%* $643,202 2034 $1,343,833 3.000%* $662,345 2035 $ 681,488 3.000%* $681,488 2036 $ -0- WE *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Year Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.aov. (Treasury Curve Rates are commonly referred to as "Constant Maturity Treasury" rates, or CMTs. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.) Note No. 2 (First National Bank, Ames, Iowa, Purchaser) in the amount of $3,000,000 *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Year Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.gov. (Treasury Curve Rates are commonly referred to as "Constant Maturity Treasury" rates, or CMTs. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.) Section 6. Redemption. Each Note is subject to redemption in whole or in part at par on June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035 from any funds regardless of source. After Payment Interest Mandatory Payment Remaining Rate Call Amounts Dates Principal 3.000% $226,084 2022 $2,773,916 3.000% $224,912 2023 $2,549,004 3.000% $223,741 2024 $2,325,263 3.000% $222,569 2025 $2,102,694 3.000% $222,569 2026 $1,880,125 3.000%* $193,284 2027 $1,686,841 3.000%* $169,856 2028 $1,516,985 3.000%* $173,370 2029 $1,343,615 3.000%* $176,884 2030 $1,166,731 3.000%* $181,570 2031 $ 985,161 3.000%* $186,255 2032 $ 798,906 3.000%* $190,941 2033 $ 607,965 3.000%* $196,798 2034 $ 411,167 3.000%* $202,655 2035 $ 208,512 3.000%* $208,512 2036 $ -0- *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Year Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.gov. (Treasury Curve Rates are commonly referred to as "Constant Maturity Treasury" rates, or CMTs. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.) Section 6. Redemption. Each Note is subject to redemption in whole or in part at par on June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035 from any funds regardless of source. Thirty days' written notice of redemption shall be given to the registered owner of the Note. Failure to give such notice to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All Notes 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. Section 7. Registration of Notes; Appointment of Registrar; Transfer; Ownership Delivery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The City Controller is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes 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 Note (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 Note, a new fully registered Note, 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 Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, 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 Notes 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 Note, including the interest thereon, to the extent of the sum or sums so paid. -10- (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes 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 Notes to the Issuer. (f) Non -Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes 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 Notes 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 Notes 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 Notes. 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 Notes 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 note for each annual maturity. The Registrar shall famish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Notes, 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 Notes to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Notes to the Paying Agent. 21M Section 10. Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor Pro Tem and Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchasers. No Note 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 Note a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paving Agent or Re isg tray. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Noteholder. -12- Section 12. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (6 (6) (1) 0 3 (4)(5 (9) (9a) (10) (Continued on the back of this Note) (11)(12)(13) (14) (15) FIGURE 1 Front -13- (10) (16) (Continued) FIGURE 2 (Back) NCE The text of the Notes 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" "TAXABLE URBAN RENEWAL REVENUE CAPITAL LOAN NOTE" "SERIES 2016E" Item 2, figure I Item 3, figure 1 Item 4, figure 1 Item 5, figure 1 Item 6, figure 1 Item 7, figure I Item 8, figure 1 TAXABLE FOR FEDERAL INCOME TAX PURPOSES Rate: _ Maturity: Note Date: September 15, 2016 CUSIP No.: _ "Registered" Note 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 (PRINCIPAL AMOUNT WRITTEN OUT) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on such sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2016, and semiannually thereafter on the Ist day of June and December in each year. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding the payment date. THE HOLDERS OF THE NOTES SHOULD TREAT THE INTEREST AS SUBJECT This Note is issued pursuant to the provisions of Section 403.9 of the City Code of Iowa, for the purpose of paying costs of aiding in the planning, undertaking, and carrying out of an urban renewal project for the redevelopment of real property, including one or more grants to a redeveloper, The Chauncey, L.L.C., in connection with the construction of Class A office space, -15- workforce housing, a hotel, a bowling alley and movie theatre at the northeast corner of College and Gilbert Streets, and in order to evidence the obligations of the Issuer under a certain Loan Agreements dated September 15, 2016, in conformity to a Resolution of the City Council of the City duly passed and approved. In any suit, action or proceeding involving the validity or enforceability of the Notes or the security therefor, the Notes shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Iowa Code Chapter 403. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional Notes or Bonds of equal standing may be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreements and Resolution. The Note is subject to redemption in whole or in part at par on June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035, from any funds regardless of source, in whole or from time to time in part. Thirty days' written notice of redemption shall be given to the registered owner of the Note. Failure to give such notice to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All Notes 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. Ownership of this Note 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 Note 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 Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. This Note and the series of which it forms a part and any Additional Obligations which may be hereafter issued and outstanding from time to time on a parity with the Notes, as provided in the Note Resolution and Loan Agreements of which notice is hereby given and which are hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the Urban Renewal Area, as defined and provided in the Resolution. This Note is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of the Net Revenues to be sufficient for the payment hereof. 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 Note, have been existent, had, done and performed as required by law. -16- IN TESTIMONY WHEREOF, the City by its City Council has caused this Note to be signed by the facsimile signature of its Mayor Pro Tem and attested by the facsimile signature of its Clerk, with the seal of the City printed hereon, and authenticated by the facsimile 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 Notes described in the within mentioned Resolution, as registered by the City Controller CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure I = 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: (facsimile signature) Mayor Pro Tem ATTEST: Un Item 17, figure 1 = (Assignment Block) (Information Required for Registration) -17- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated this day of 12016. SIGNATURE GUARANTEED the (Person(s) executing this Assignment sign(s) here) 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 Note(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 Note 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 Note, 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 lA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Equality of Lien. The timely payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the Net Revenues of the Urban Renewal Area without priority by reason of number or time of sale or delivery; and the revenues of the Urban Renewal Area are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 15. Application of Note Proceeds — Project Fund. Proceeds of the Notes shall be applied as follows: ♦ An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Notes. ♦ The balance of the proceeds shall be deposited to the Project Fund and expended therefrom for the purposes of issuance. The Project Fund shall be invested in accordance with Section 18 of this Resolution. Earnings on investments of the Project Fund shall be deposited in and expended from the Project Fund. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds of the Urban Renewal Area 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, the Internal Revenue Code and this Resolution. Section 16. Debt Certification. It is hereby certified that subject to such limitations as provided by in Section 403.19 of the Code of Iowa, the annual amount to be certified on or before December 1 each year for collection in incremental taxes pursuant to Section 403.19(2) of the Code of Iowa, shall be not less than the maximum amount set forth in Section 5 of this Resolution. Section 17. Application of Revenues. The provisions in the Outstanding Obligations heretofore adopted are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Notes hereby authorized to be issued; provided, however: a) that the amounts to be set aside and paid into the Sinking Fund in equal monthly installments from the earnings shall be sufficient to pay the principal and 9KW interest due each year, not only on the Outstanding Obligations, but also the principal and interest of the Notes herein authorized to be issued and to maintain a reserve therefor, and b) the Reserve Fund provided therein shall apply only to the Outstanding Obligations and shall not secure the Notes. Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Obligation. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Outstanding Obligations. The provisions of the legislation authorizing the Outstanding Obligations and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provision s of the resolution first adopted shall prevail until such time as the notes or bonds authorized by said resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolutions shall again prevail. From and after the Outstanding Obligations have been paid in full or defeased, and from and after the delivery of any Notes, and as long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the Urban Renewal Area shall be deposited as collected in a fund to be known as the Urban Renewal Revenue Fund (the 'Revenue Fund"), and shall be disbursed only as follows: (a) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay the principal and interest requirements of the Fiscal Year on the Notes and Panty Obligations. The fund shall be known as the Urban Renewal Revenue Note and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be the equal monthly amount necessary to pay in full the installment of interest coming due on the next interest payment date on the then outstanding Notes and Parity Obligations, plus the equal monthly amount necessary to pay in full the installment of principal coming due on such Notes on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Notes and Parity Obligations as the same shall become due and payable. (b) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the Urban Renewal Area, but subordinate to the Notes and Parity Obligations. (c) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this -20- Resolution, or may be used to pay or redeem the Notes or Parity Obligations, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which the funds are listed, and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of the funds or accounts, the deficiency shall be made up after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. Section 18. Investments. All of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which the fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the Urban Renewal Area. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 19. Covenants Regarding the Urban Renewal Area. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Obligations: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Area and the Ordinance in force and will annually certify indebtedness for the Project and cause the Tax Increment Revenues of the Urban Renewal Area to be collected and applied as provided in this Resolution. Provided, however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made and to maintain a sufficient balance in each fund as required by this Resolution, the Issuer may adjust the certification for incremental taxes in any year. (b) Accounting and Audits. The Issuer will cause to be kept proper books and accounts of the Issuer adapted to the Urban Renewal Area and in accordance with generally relating accounting practices, and will cause the books and accounts to be audited as a part of the issuers general audit annually after the end of each Fiscal Year by an independent auditor and will make generally available to the holders of any of the Bonds and Parity Obligations, the balance sheet and the -21- operating statement of the Issuer as certified by such auditor. The Original Purchaser shall have at all reasonable times the right to inspect the Urban Renewal Area records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the Original Purchaser may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by this Section shall include, but not be limited to, the following information: (i) A statement of Net Revenues collected in the special fund of the Urban Renewal Area; (ii) Analyses of each fund and account created hereunder, including deposits, withdrawals and beginning and ending balances; (iii) The minutes of the governing body of the Issuer for the Fiscal Year; and (iv) A general statement covering any events or circumstances which are perceived to affect the financial status of the Bonds. (c) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the Bonds required by the Constitution and laws of the State of Iowa, including the certification and collecting of indebtedness as above provided, and will segregate the Net Revenues of the Urban Renewal Area and apply said revenues to the funds specified in this Resolution. (d) The Issuer reserves the right to amend the Urban Renewal Area in its lawful discretion. Provided, the Issuer may amend the Urban Renewal Area by merging or combining with another such urban renewal area, but if urban renewal areas being combined with the Urban Renewal Area have obligations outstanding payable from the Incremental Tax Revenues of the Net Revenues available to pay the Bonds and all other obligations of the merged area in the Fiscal Year in which the action takes place, computed on the same basis as provided in Section 20(b)(i) of this Resolution, shall be at least equal to 1.25 times the maximum combined debt service of the urban renewal areas in any Fiscal Year. The terms of merger of urban renewal areas may provide that the obligations of the combined urban renewal area, having the same lien position as existed in the separate urban renewal areas. In no event shall obligations resulting from a merger have any priority over the Bonds or Panty Obligations. Section 20. Prior Lien and Parity Obligations. The Issuer will issue no other notes, bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the Urban Renewal Area having priority over the Notes or Panty Obligations. -22- Additional Obligations may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such Additional Obligations to the revenues of the Urban Renewal Area and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Notes or Parity Obligations which shall have matured or which shall mature not later than three months after the date of delivery of such refunding obligation and for the payment of which there shall be insufficient money in the Sinking Fund; (b) For the purpose of aiding in the planning or undertaking of an urban renewal project in the Urban Renewal Area, refunding any outstanding Notes, Parity Obligations or general obligation notes, if all of the following conditions shall have been met: (i) before any such Additional Obligations ranking on a parity are issued, there will have been procured and filed with the City Clerk, a statement of an Independent Auditor, independent financial consultant or a consulting engineer, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the Urban Renewal Area for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the Notes or Parity Obligations for both principal of and interest on all Notes and Parity Obligations then outstanding which are payable from the net earnings of the Urban Renewal Area and the Additional Obligations then proposed to be issued. For the purpose of determining the Net Revenues of the Urban Renewal Area for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an Independent Auditor, independent financial consultant or a consulting engineer, not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had the full tax increment available for the Urban Renewal Area been certified or had additional taxable value realized since that time been in effect during all of such preceding Fiscal Year. (ii) the Additional Obligations must be payable as to principal and as to interest on the same month and day as the Notes herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. -23- (iv) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of Additional Obligations. Section 21. Not Qualified Tax -Exempt Obligations. The Notes shall not be designated as qualified tax-exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. Section 22. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Notes and Parity Obligations, or any of them, in any one or more of the following ways: (a) By paying the Notes or Parity Obligations when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body for the payment of the obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which the obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes or Parity Obligations shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 23. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Notes and Parity Obligations, and after the issuance of any of the Notes no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Notes and Parity Obligations, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 24. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Notes and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: -24- (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Notes or Parity Obligations; (b) to grant to or confer upon the holders of the Notes or Parity Obligations any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Notes; (c) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 25. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes and Parity Obligations at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such refunding obligations as may have been issued for the purpose of refunding any of such Notes if such refunding obligations shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity of interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchasers and to be mailed by certified mail to each registered owner of any Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of the notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in -25- the notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obligations. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Section 26. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 27. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. -26- ADOPTED AND APPROVED this 16th day of August, 2016. ATTEST: z City k 4� Mayr ro ei -27- 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 16th day of August 12016. City Nerk, City of Iowa City, State of Iowa (SEAL) 01265928-1\10714-120 LOAN AGREEMENT The City of Iowa City, Iowa (the "City") hereby agrees to sell, and MidWestOne Bank (the "Bank") hereby agrees to purchase the Iowa City, Iowa Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E (the "Note"), in the principal amount of $9,805,000, to be dated September 15, 2016 (the "Dated Date"). The Note will be secured solely and only by a first lien on the net revenues of the City -University Project I Urban Renewal Area, as amended, (the "Urban Renewal Area") certified by and paid to the City pursuant to Iowa Code Section 403.19. No reserve fund shall be required. The Note will mature on June 1, 2036, and will be payable as follows: *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Year Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.gov. (Treasury Curve Rates are commonly referred to as "Constant Maturity Treasury" rates, or CMTs. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.) Interest will be payable December 1, 2016, and semiannually thereafter on the first day of June and December. After Payment Interest Mandatory Payment Remaining Rate Call Amounts Dates Principal 3.000% $738,916 2022 $9,066,084 3.000% $735,088 2023 $8,330,996 3.000% $731,259 2024 $7,599,737 3.000% $727,431 2025 $6,872,306 3.000% $727,431 2026 $6,144,875 3.000%* $631,716 2027 $5,513,159 3.000%* $555,144 2028 $4,958,015 3.000%* $566,630 2029 $4,391,385 3.000%* $578,116 2030 $3,813,269 3.000%* $593,430 2031 $3,219,839 3.000%* $608,745 2032 $2,611,094 3.000%* $624,059 2033 $1,987,035 3.000%* $643,202 2034 $1,343,833 3.000%* $662,345 2035 $ 681,488 3.000%* $681,488 2036 $ -0- *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Year Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.gov. (Treasury Curve Rates are commonly referred to as "Constant Maturity Treasury" rates, or CMTs. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.) Interest will be payable December 1, 2016, and semiannually thereafter on the first day of June and December. The Note is subject to redemption in whole or in part at par on June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035. The Bank acknowledges that concurrent with the sale of the Note, it will sell an additional Note to First National Bank, Ames, Iowa, in the principal amount of $3,000,000 which Note shall rank on parity with the Note. The City agrees that it will not enter into any agreement, nor issue any additional obligations, pledging the net revenue of the Urban Renewal Area unless it has first obtained a certificate from an independent financial advisor or certified public accountant finding that the net revenues of the Urban Renewal Area are sufficient to cover 125% of principal and interest on both, all outstanding obligations, including the Note, to which the net revenues have been pledged, and the new proposed obligation. The Bank hereby agrees to perform under the terms of this Agreement, and to purchase the Note from the City on the Dated Date, or such other date as shall be agreed to in writing, at a price of $9,805,000 upon delivery of the Note to the Purchaser together with an opinion approving and certifying the legality of the Note by the firm of Ahlers & Cooney, P.C., Attorneys, Des Moines, Iowa. The Bank hereby represents, certifies and agrees as follows: 1. The business of the Bank is banking. As an institutional investor, the Bank has sufficient knowledge and experience in financial and business matters, including the purchase and ownership of limited security municipal obligations, to be able to evaluate the risks and merits of the investment represented by its purchase of the Note. The Bank has not relied upon the City or its officers, Council members, employees, City's financial advisor, attorneys or agents as to the accuracy or completeness of any such information. As a sophisticated investor the Bank has made its decision to purchase the Note based solely upon such information, inquiry and analysis. The Bank is able to bear the economic risks represented by its purchase of the Note. 2. Neither the City nor its officers, Council members, employees, attorneys, City's financial advisor or agents has made any representation or warranty concerning the future financial position of the Urban Renewal Area, or future business conditions in the Urban Renewal Area; the likelihood that tax increments collected by the City pursuant to Iowa Code Section 403.19 from the Urban Renewal Area will be sufficient to pay principal and interest on the Note, nor have any of them represented or warranted the correctness of any materials furnished to the Bank by any third party. 3. The Bank acknowledges it has, independently and without reliance upon the City, its officers, Council members, employees, City's financial advisor, attorneys or agents, and based on the financial statements and such other documents and information as it deems appropriate, made its own credit analysis and decision to enter into this Agreement. The Bank also acknowledges that it will, independently and without reliance upon the above parties and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement. 4. The Bank understands that the Note is payable solely and only from the incremental taxes collected by the City pursuant to Iowa Code Section 403.19 with respect to the Urban Renewal Area. The Bank acknowledges that the sufficiency of said incremental taxes to pay the Note will depend upon the continual levy and payment of taxes against properties in the Urban Renewal Area by third parties, and may be affected by changes in the provisions of State law governing the collection of taxes and the division of revenue under Iowa Code Section 403.19 for the Urban Renewal Area property tax classifications and valuations, financial conditions for properties in the Urban Renewal Area, and other factors outside the control of the City. 5. The Bank acknowledges that no offering statement, prospectus, offering circular or other comprehensive offering statement containing material information with respect to the City, the Urban Renewal Area or the Note, is being provided by the City and that, in due diligence, the Bank has sought such advice as it has deemed necessary and have made its own inquiry and analysis with respect to the City, the Note and the security therefor. 6. The Bank acknowledges that it obtained such independent legal and financial information it deems adequate for a reasonable investor in making investment decisions from knowledgeable individuals of its choosing concerning the City, the Urban Renewal Area and the Note. 7. The Bank is acquiring the Note for its own account, or for resale to other sophisticated investors. If the Bank sells or otherwise disposes any or all of the Note, it will comply with all applicable state and federal laws, rules, regulations, including but not limited to all required disclosure. The Bank agrees that should it sell or transfer all or any portion of the Note, such sale or transfer shall be limited to Institutional Investors. Such sale or transfer will not be made, and no transfer and registration will be completed, until an Investment Letter in the form attached hereto as Exhibit A has been executed by such Institutional Investor, such letter is furnished to the Registrar and the Transfer Agent for the Note, and the conditions of the Investment Letter and this Agreement are satisfied. 8. The Bank understands that the Note (a) is not being registered under the Securities Act of 1933 and is not being registered or otherwise qualified for sale under the laws of Iowa or the "Blue Sky" laws and regulations of any other state, (b) will not be listed on any stock or other securities exchange, (c) will carry no rating from any rating service, and (d) will not be readily marketable. No opinion relating to the registration of the Note will be issued by or on behalf of the City. The Bank agrees not to offer, sell or transfer the Note or make any change in registration of the Note without having first determined that the sale or transaction which necessitates or prompts the transfer to change of registration may be made without violating the Iowa Uniform Securities Act or any other applicable law, rule or regulation. 9. The Bank acknowledges this transaction is exempt from SEC Rule 15c2-12 because the Bank is a sophisticated investor, any transfer is restricted to other sophisticated investors, and the Note will be in one or more denominations of $100,000 or more. Dated this 23rd day of August , 2016. MIDWESTONE BANK Iowa City, Iowa Accepted on behalf of the City Council, City of Iowa City, Iowa. By: Kingsley Botchway Mayor Pro Tem ATTEST: ,LCikuz".j . �� Manan Karr, City Clerk (SEAL) 0YII9iZ.VfiL OWC36dn Exhibit "A" (Form of Investment Letter) Ahlers & Cooney, P.C. City of Iowa City, Iowa 100 Court Avenue, Suite 600 410 E. Washington Street Des Moines, IA 50309 Iowa City, Iowa 52240 RE: Iowa City, Iowa - $9,805,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E Ladies and Gentlemen: This letter is to provide you with certain representations and agreements with respect to our participation in the purchase of the $9,805,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E, in the aggregate principal amount of $9,805,000 referred to above (the ANote"), dated September 15, 2016, issued by the City of Iowa City, Iowa (the AIssuer@). The business of the undersigned is banking. As an Institutional Investor, as hereinafter defined, the bank has sufficient knowledge and experience in financial and business matters, including the purchase and ownership of municipal obligations, to be able to evaluate the risks and merits of the investment represented by its purchase of the Note. It is able to bear the economic risks represented by its purchase of the Note. The bank has made inquiry and analysis with respect to the Issuer and other material factors affecting the credit of the Issuer and the likelihood of the payment of the Note. It acknowledges that it has been furnished with copies of all legal documents pertaining to this issue. It further acknowledges that it has been offered access to all information relating to the financial data and business of the Issuer, as well as such other information as the undersigned deems necessary or appropriate as a prudent and knowledgeable investor in evaluating the purchase of the Note. Neither the Issuer nor its officers, Council members, or employees or agents has made any representation or warranty concerning the financial position or business condition of the Issuer, nor have any of them represented or warranted the correctness of any offering materials furnished by the Issuer in connection with its purchase of the Note. The bank has not relied upon the Issuer or its officers, Council members, or employees or agents as to the accuracy or completeness of such information. Asa sophisticated investor, the bank has made its decision to purchase the Note based solely upon such information and its own inquiry and analysis. The bank is familiar with the federal and state (including, but not limited to the state of Iowa) legislation, rules, regulations, and case law pertaining to the transfer and distribution of securities, including, but not limited to, disclosure obligations of the seller incident to any such transfer or distribution. It acknowledges that the Note have not been registered under the securities laws of the United States or any state thereof, and hereby covenants and agrees that it City of Iowa City, Iowa $9,805,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E Page 2 will not sell, offer for sale, pledge, transfer, convey, hypothecate, mortgage, or dispose of the Note or any interest therein in violation of applicable federal or state law. The bank represents it is purchasing the Note for its own account (or related subsidiary or affiliate corporation) for Investment (and not on behalf of another) and has no present intention of reselling the Note or dividing its interest therein, either currently or after passage of a fixed or determinable period of time or upon the occurrence or nonoccurrence of any predetermined event or circumstance; but the undersigned reserves the right to sell, offer for sale, pledge, transfer, convey, hypothecate, mortgage, or dispose of the Note at some future date determined by it, subject to the provisions of the Note Purchase Agreement which is attached hereto and incorporated herein by reference. It has not and will not pay any commission, compensation, or fee to any person or entity in connection with its purchase of the Note and it is not aware of, and is not purchasing the Note pursuant to, any form of general solicitation or advertising with respect to the Note. The bank agrees that it will not furnish to any third person information furnished to it by or on behalf of the Issuer and designated as confidential except as permitted and provided in the Note. This letter shall be binding upon the undersigned and its successors and assigns. Very Truly Yours, 01263120-1\1o71n-120 LOAN AGREEMENT The City of Iowa City, Iowa (the "City") hereby agrees to sell, and First National Bank, Ames, Iowa (the "Bank") hereby agrees to purchase the Iowa City, Iowa Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E (the "Note"), in the principal amount of $3,000,000, to be dated September 15, 2016 (the "Dated Date"). The Note will be secured solely and only by a first lien on the net revenues of the City -University Project 1 Urban Renewal Area, as amended, (the "Urban Renewal Area") certified by and paid to the City pursuant to Iowa Code Section 403.19. No reserve fund shall be required. The Note will mature on June 11 2036, and will be payable as follows: *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Year Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.gov. (Treasury Curve Rates are commonly referred to as "Constant Maturity Treasury" rates, or CMTs. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.) Interest will be payable December 1, 2016, and semiannually thereafter on the first day of June and December. After Payment Interest Mandatory Payment Remaining Rate Call Amounts Dates Principal 3.000% $226,084 2022 $2,773,916 3.000% $224,912 2023 $2,549,004 3.000% $223,741 2024 $2,325,263 3.000% $222,569 2025 $2,102,694 3.000% $222,569 2026 $1,880,125 3.000%* $193,284 2027 $1,686,841 3.000%* $169,856 2028 $1,516,985 3.000%* $173,370 2029 $1,343,615 3.000%* $176,884 2030 $1,166,731 3.000%* $181,570 2031 $ 985,161 3.000%* $186,255 2032 $ 798,906 3.000%* $190,941 2033 $ 607,965 3.000%* $196,798 2034 $ 411,167 3.000%* $202,655 2035 $ 208,512 3.000%* $208,512 2036 $ -0- *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Year Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.gov. (Treasury Curve Rates are commonly referred to as "Constant Maturity Treasury" rates, or CMTs. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.) Interest will be payable December 1, 2016, and semiannually thereafter on the first day of June and December. The Note is subject to redemption in whole or in part at par on June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035. The Bank acknowledges that concurrent with the sale of the Note, it will sell an additional Note to MidWestOne Bank in the principal amount of $9,805,000 which Note shall rank on parity with the Note. The City agrees that it will not enter into any agreement, nor issue any additional obligations, pledging the net revenue of the Urban Renewal Area unless it has first obtained a certificate from an independent financial advisor or certified public accountant finding that the net revenues of the Urban Renewal Area are sufficient to cover 125% of principal and interest on both, all outstanding obligations, including the Note, to which the net revenues have been pledged, and the new proposed obligation. The Bank hereby agrees to perform under the terms of this Agreement, and to purchase the Note from the City on the Dated Date, or such other date as shall be agreed to in writing, at a price of $3,000,000 upon delivery of the Note to the Purchaser together with an opinion approving and certifying the legality of the Note by the firm of Ahlers & Cooney, P.C., Attorneys, Des Moines, Iowa. The Bank hereby represents, certifies and agrees as follows: 1. The business of the Bank is banking. As an institutional investor, the Bank has sufficient knowledge and experience in financial and business matters, including the purchase and ownership of limited security municipal obligations, to be able to evaluate the risks and merits of the investment represented by its purchase of the Note. The Bank has not relied upon the City or its officers, Council members, employees, City s financial advisor, attorneys or agents as to the accuracy or completeness of any such information. As a sophisticated investor the Bank has made its decision to purchase the Note based solely upon such information, inquiry and analysis. The Bank is able to bear the economic risks represented by its purchase of the Note. 2. Neither the City nor its officers, Council members, employees, attorneys, City's financial advisor or agents has made any representation or warranty concerning the future financial position of the Urban Renewal Area, or future business conditions in the Urban Renewal Area; the likelihood that tax increments collected by the City pursuant to Iowa Code Section 403.19 from the Urban Renewal Area will be sufficient to pay principal and interest on the Note, nor have any of them represented or warranted the correctness of any materials furnished to the Bank by any third party. 3. The Bank acknowledges it has, independently and without reliance upon the City, its officers, Council members, employees, City's financial advisor, attorneys or agents, and based on the financial statements and such other documents and information as it deems appropriate, made its own credit analysis and decision to enter into this Agreement. The Bank also acknowledges that it will, independently and without reliance upon the above parties and based 2 on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement. 4. The Bank understands that the Note is payable solely and only from the incremental taxes collected by the City pursuant to Iowa Code Section 403.19 with respect to the Urban Renewal Area. The Bank acknowledges that the sufficiency of said incremental taxes to pay the Note will depend upon the continual levy and payment of taxes against properties in the Urban Renewal Area by third parties, and may be affected by changes in the provisions of State law governing the collection of taxes and the division of revenue under Iowa Code Section 403.19 for the Urban Renewal Area property tax classifications and valuations, financial conditions for properties in the Urban Renewal Area, and other factors outside the control of the City. 5. The Bank acknowledges that no offering statement, prospectus, offering circular or other comprehensive offering statement containing material information with respect to the City, the Urban Renewal Area or the Note, is being provided by the City and that, in due diligence, the Bank has sought such advice as it has deemed necessary and have made its own inquiry and analysis with respect to the City, the Note and the security therefor. 6. The Bank acknowledges that it obtained such independent legal and financial information it deems adequate for a reasonable investor in making investment decisions from knowledgeable individuals of its choosing concerning the City, the Urban Renewal Area and the Note. 7. The Bank is acquiring the Note for its own account, or for resale to other sophisticated investors. If the Bank sells or otherwise disposes any or all of the Note, it will comply with all applicable state and federal laws, rules, regulations, including but not limited to all required disclosure. The Bank agrees that should it sell or transfer all or any portion of the Note, such sale or transfer shall be limited to Institutional Investors. Such sale or transfer will not be made, and no transfer and registration will be completed, until an Investment Letter in the form attached hereto as Exhibit A has been executed by such Institutional Investor, such letter is furnished to the Registrar and the Transfer Agent for the Note, and the conditions of the Investment Letter and this Agreement are satisfied. 8. The Bank understands that the Note (a) is not being registered under the Securities Act of 1933 and is not being registered or otherwise qualified for sale under the laws of Iowa or the 'Blue Sky" laws and regulations of any other state, (b) will not be listed on any stock or other securities exchange, (c) will carry no rating from any rating service, and (d) will not be readily marketable. No opinion relating to the registration of the Note will be issued by or on behalf of the City. The Bank agrees not to offer, sell or transfer the Note or make any change in registration of the Note without having first determined that the sale or transaction which necessitates or prompts the transfer to change of registration may be made without violating the Iowa Uniform Securities Act or any other applicable law, rule or regulation. 9. The Bank acknowledges this transaction is exempt from SEC Rule 15c2-12 because the Bank is a sophisticated investor, any transfer is restricted to other sophisticated investors, and the Note will be in one or more denominations of $100,000 or more. Dated this 23rd day of August , 2016. FIRST NATIONAL BANK, AMES, IOWA Ames, Iowa Lo Accepted on behalf of the City Council, City of Iowa City, Iowa. By: — KinAsley Botchway Mayor Pro Tem ATTEST: A"4el2u2 k�4� Manhn Karr, City Clerk (SEAL) 01265995-1\10714-120 Exhibit "A" (Form of Investment Letter) Ahlers & Cooney, P.C. City of Iowa City, Iowa 100 Court Avenue, Suite 600 410 E. Washington Street Des Moines, IA 50309 Iowa City, Iowa 52240 RE: Iowa City, Iowa - $3,000,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E Ladies and Gentlemen: This letter is to provide you with certain representations and agreements with respect to our participation in the purchase of the $3,000,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E, in the aggregate principal amount of $3,000,000 referred to above (the ANote"), dated September 15, 2016, issued by the City of Iowa City, Iowa (the AIssuer®). The business of the undersigned is banking. As an Institutional Investor, as hereinafter defined, the bank has sufficient knowledge and experience in financial and business matters, including the purchase and ownership of municipal obligations, to be able to evaluate the risks and merits of the investment represented by its purchase of the Note. It is able to bear the economic risks represented by its purchase of the Note. The bank has made inquiry and analysis with respect to the Issuer and other material factors affecting the credit of the Issuer and the likelihood of the payment of the Note. It acknowledges that it has been furnished with copies of all legal documents pertaining to this issue. It further acknowledges that it has been offered access to all information relating to the financial data and business of the Issuer, as well as such other information as the undersigned deems necessary or appropriate as a prudent and knowledgeable investor in evaluating the purchase of the Note. Neither the Issuer nor its officers, Council members, or employees or agents has made any representation or warranty concerning the financial position or business condition of the Issuer, nor have any of them represented or warranted the correctness of any offering materials furnished by the Issuer in connection with its purchase of the Note. The bank has not relied upon the Issuer or its officers, Council members, or employees or agents as to the accuracy or completeness of such information. As a sophisticated investor, the bank has made its decision to purchase the Note based solely upon such information and its own inquiry and analysis. The bank is familiar with the federal and state (including, but not limited to the state of Iowa) legislation, rules, regulations, and case law pertaining to the transfer and distribution of securities, including, but not limited to, disclosure obligations of the seller incident to any such transfer or distribution. It acknowledges that the Note have not been registered under the City of Iowa City, Iowa $3,000,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E Page 2 securities laws of the United States or any state thereof, and hereby covenants and agrees that it will not sell, offer for sale, pledge, transfer, convey, hypothecate, mortgage, or dispose of the Note or any interest therein in violation of applicable federal or state law. The bank represents it is purchasing the Note for its own account (or related subsidiary or affiliate corporation) for Investment (and not on behalf of another) and has no present intention of reselling the Note or dividing its interest therein, either currently or after passage of a fixed or determinable period of time or upon the occurrence or nonoccurrence of any predetermined event or circumstance; but the undersigned reserves the right to sell, offer for sale, pledge, transfer, convey, hypothecate, mortgage, or dispose of the Note at some future date determined by it, subject to the provisions of the Note Purchase Agreement which is attached hereto and incorporated herein by reference. It has not and will not pay any commission, compensation, or fee to any person or entity in connection with its purchase of the Note and it is not aware of, and is not purchasing the Note pursuant to, any form of general solicitation or advertising with respect to the Note. The bank agrees that it will not furnish to any third person information furnished to it by or on behalf of the Issuer and designated as confidential except as permitted and provided in the Note. This letter shall be binding upon the undersigned and its successors and assigns. Very Truly Yours, 01266015-1\10714-120 r s CITY OF IOWA CITY 5z'mwMEMORANDUM Date: August 10, 2016 To: Geoff Fruin, City Manager From: Dennis Bockenstedt, Director of Finance Re: TIF Revenue Bonds — Chauncey Building Introduction On June 8, 2015, the City Council approved a development agreement for the private redevelopment of the northeast corner of the College and Gilbert Street intersection. The development agreement was for the construction of a $49 million, 15 -story mixed use building, known as the Chauncey Building, that included Class A office space, condominiums, a hotel, a bowling alley, two movie theatres, public housing, and other site improvements. Also approved on June 8, 2015 was a resolution to institute proceedings for the issuance of tax increment revenue bonds of not to exceed $14.2 million for the purpose of funding a grant to facilitate the construction of the Chauncey Building. As per the approved development agreement, the City's contribution to the project is $14,187,250. Of this amount, $2,090,000 is expected to be financed through the sale of City owned property and easements at the corner of the College and Gilbert Street intersection. The remaining balance of $12,097,250 will be financed through the issuance of tax increment revenue bonds. The City has negotiated a $12,805,000, 20 -year tax increment revenue bond agreement with Midwest One Bank and First National Bank, Ames, Iowa for the purpose of financing the grant to construct the Chauncey Building. (The difference between the bond amount and the grant amount is $707,750; these funds will pay for the cost of issuing the bonds and the interest payments during construction.) Discussion of Solution The financing structure for the Chauncey is tax increment revenues bonds. Tax increment revenue bonds are more complex that the City's typical general obligation bond sale; this bond structure is not pledged by the City's full -faith -and -credit but is instead pledged by the tax increment revenues from the City -University TIF District. In addition, this project has a long construction period. Due to this bond structure type, coupled with the long construction period, the interest cost is higher and the disclosure requirements are more complicated. At the time the bond resolutions were approved, the financing plan for the Chauncey Building was for the City to issue a 4 -year construction note that would be refunded by 25 -year tax increment revenue bonds. Since the City Council approval of the bond resolutions, there has been a downward shift in long-term municipal bond rates. In addition, we have shifted our financing strategy for this particular bond issue from a competitive sale to a private placement sale. A private placement sale provides the City some relief from the legal and financial burdens of a competitive sale. Some advantages of a private placement over a competitive sale include 1) no debt reserve requirement, 2) no Moody's bond rating or expense, 3) no expense for an underwriter's discount or fee, and 4) no annual bond disclosure requirements or official statement disclosures. The primary disadvantage of a private placement is that the bond's interest rates are negotiated versus competitively bid. The new proposed bond structure is a 20 -year tax increment revenue bond that will be privately placed with Midwest One Bank and First National Bank, Ames, Iowa. The proposed bond issue will have a fixed rate for the first ten years. After ten years, the interest rate resets for the remaining life of the bonds. Overall, the newly proposed structure provides the City with shorter term debt, a very attractive interest rate, and fewer regulatory burdens. Financial Impact The proposed bond issue for the Chauncey Building is a 20 -year, taxable, tax increment revenue bond of $12,805,000. Midwest One Bank will being loaning $9,805,000 of the bond and First National Bank, Ames, Iowa will be loaning $3,000,000 of the bond. The bond will bear an interest rate of 3.00% for the first 10 years, and on June 1, 2016, the rate of the bonds will reset at the rate of the 10 -year U.S. Treasury plus 1.65%. The reset rate based on current interest rates would be 3.23%; however, the highest reset rate allowed under this agreement would be 6.00%. At the time of the reset, the City has the option of refinancing the bonds. The estimated cost of the debt service over the next 20 years ranges from $16,774,193 to $18,028,172 depending on the reset rate. The original estimated cost of the debt service for the City's grant was $23,556,067. This debt service cost will be fully funded from the tax increment revenues generated by the Chauncey Building. The developer of the Chauncey Building has agreed to a minimum assessment agreement that is expected to generate sufficient tax increment financing receipts to the City to repay the entire financing cost of the bonded debt. The Chauncey Building will have a partial minimum assessment of $16,345,771 in fiscal year 2021 which is expected to generate TIF revenue of $500,346. Starting in fiscal year 2022, the Chauncey Building will have a full minimum assessment of $30,128,234 which is expected to generate annual TIF revenues of $922,229. Under the proposed bond financing, the estimated payback period ranges from 18.95 years to 20.31 years. The original estimated payback period was 26 years. The estimated debt service schedules are attached. Recommendation The proposed authorizing resolution is for the issuance of a 20 -year, taxable, tax increment revenue bond to be privately placed with Midwest One Bank and First National Bank, Ames, Iowa for the purpose of providing a construction grant for the Chauncey Building. A minimum assessment agreement has been executed with the building's developer to recover the entire cost of the bond financing from the tax increment revenues generated by the Chauncey Building. By approving the authorizing bond resolution presented, the City Council enters into an agreement with Midwest One Bank for the issuance of $9,805,000 tax increment revenue bonds and with First National Bank, Ames, Iowa for the issuance of $3,000,000 tax increment revenue bonds. F Uhe Mcro,� NET DEBT SERVICE City of Iowa City, Iowa Taxable Urban Renewal Revenue Capital Loan Notes, Series 2016E Assumes Reset at Current 10 -Yr CMT Rate Period Ending Total Debt Service General Fund Capitalized Interest Fund Project Fund Net Debt Service 06/01/2017 273,173.33 -100,887.11 273,173.33 100,887.11 06/01/2018 384,150.00 -106,404.37 384,150.00 106,404.37 06/01/2019 384,150.00 207,291.48 59,113.55 117,744.97 06/01/2020 384,150.00 11,822.71 372,327.29 06/01/2021 384,150.00 384,150.00 06/01/2022 1,349,150.00 1,349,150.00 06/01/2023 1,315,200.00 1,315,200.00 06/01/2024 1,281,400.00 1,281,400.00 06/01/2025 1,247,750.00 1,247,750.00 06/01/2026 1,219,250.00 1,219,250.00 06/01/2027 1,084,207.50 1,084,207.50 06/01/2028 957,560.00 957,560.00 06/01/2029 949,142.50 949,142.50 06/01/2030 940,240.50 940,240.50 06/01/2031 935,854.00 935,854.00 06/01/2032 930,821.50 930,821.50 06/01/2033 925,143.00 925,143.00 06/01/2034 923,818.50 923,818.50 06/01/2035 921,686.50 921,686.50 06/01/2036 918,747.00 918,747.00 17,709,744.33 0.00 657,323.33 278,227.74 16,774,193.26 Aug 1, 2016 5:00 pm Prepared by Public Financial Management, Inc. Page 6 The PFM Group NET DEBT SERVICE City of Iowa City, Iowa Taxable Urban Renewal Revenue Capital Loan Notes, Series 2016E Assumes Max Reset Rate Period Ending Total Debt Service General Fund Capitalized Interest Fund Project Fund Net Debt Service 06/01/2017 273,173.33 -100,887.11 273,173.33 100,887.11 06/01/2018 384,150.00 -106,404.37 384,150.00 106,404.37 06/01/2019 384,150.00 207,291.48 59,113.55 117,744.97 06/01/2020 384,150.00 11,822.71 372,327.29 06/01/2021 384,150.00 384,150.00 06/01/2022 1,349,150.00 1,349,150.00 06/01/2023 1,315,200.00 1,315,200.00 06/01/2024 1,281,400.00 1,281,400.00 06/01/2025 1,247,750.00 1,247,750.00 06/01/2026 1,219,250.00 1,219,250.00 06/01/2027 1,306,500.00 1,306,500.00 06/01/2028 1,157,000.00 1,157,000.00 06/01/2029 1,128,500.00 1,128,500.00 06/01/2030 1,099,100.00 1,099,100.00 06/01/2031 1,073,800.00 1,073,800.00 06/01/2032 1,047,300.00 1,047,300.00 06/01/2033 1,019,600.00 1,019,600.00 06/01/2034 995,700.00 995,700.00 06/01/2035 970,300.00 970,300.00 06/01/2036 943,400.00 943,400.00 18,963,723.33 0.00 657,323.33 278,227.74 18,028,172.26 Aug 1, 2016 2:39 pm Prepared by Public Financial Management, Inc. Page 6 I Council Member introduced the following Resolution entitled "A RESOLUTION APPROVING AND AUTHORIZING LOAN AGREEMENTS AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURINGITHE PAYMENT OF $12,805,000 TAXABLE URBAN RENEWAL REVENUE CAAITAL LOAN NOTES, SERIES 2016E, OF THE CITY IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF OWA, AND PROVIDING FOR A IIETHOD OF PAYMENT OF THE NOTES", and mov its adoption. Council Member 1/m/ seconded the mo 'on to adopt. The roll was called d the vote was: AYES: NAYS: Whereupon the Mayor declared the A RESOLUTION APPROVING AGREEMENTS AND AUTHO IN THE ISSUANCE AND SEC G TB $12,805,000 TAXABLE AN RENI CAPITAL LOAN NOTES. ERIES 201 IOWA CITY, STATE OF OWA, U THE CITY CODE OF I WA, AND METHOD OF PA NT OF THE WHEREAS, the City referred to as "Issuer", did he passed and approved October amended. Said plan, as amen accordance therewith and tJ herein; and duly adopted: .UTHORIZING LOAN AND PROVIDING FOR PAYMENT OF AL REVENUE OF THE CITY OF i THE PROVISIONS OF DING FOR A ij�bil of the City of Iowa C ore adopt an urban renew 1969 for the City-Universi 1, authorizes the undertaking x 403 of the Code of Iowa, i Iowa, sometimes hereinafter plan by Resolution No. 2157, Project I Urban Renewal Plan, as iiVf urban renewal projects in luding the Project outlined WHEREAS, the ity did, on December 11, 2001, adopt dinance No. 01-3391 under which the taxes levied n the taxable property in the Urban Rene al Area shall be divided, and a special fund created der the authority of Section 403.19(2) of a Code of Iowa, as amended, (which special fund hereinafter referred to as the "Urban Renew T ' ax Revenue Fund" or the "Revenue Fund") v#ch fund is created in order to pay the principal ;of and interest on loans, monies advanced or indebtedness whether funded, refunded, assumed, or otherwise, including bonds issued und# the authority of Section 403.9 of the Code of Iowa, as amended, incurred by the City to e or refinance in whole or in part authorized urban renewal projects in the City- -2- University Project I Urban Renewal Plan Urban Renewal Area ( the "Urban Renewal Area"), and pursuant to which Ordinances such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such indebtedness; and WHEREAS, the cost of carrying out the purposes and provisions of the Project, the purposes set forth in Section 3 hereof is $12,805,000 provision must now be made by the City to provide for the payment of such costs pays a solely and only from incremental taxes under Iowa Code Section 403.19 produced by the ity-University Project I Urban Renewal Plan; and WHEREAS, pursuant to the provisions of wa Code Chapter 403, bonds issued under said Chapter are not subject to any other law rel a ' to the authorization>ssuance or sale, and are declared to be issued for an essential public p ose; and WHEREAS, the notice of intention of the Ci to take action fo the issuance of bonds pursuant to Iowa Code Section 403.9 was duly publi ed on June 1, 2 15 a hearing was held on June 8, 2015, and the City Council took additional ac 'on for the sal and issuance of not to exceed $14,200,000 Urban Renewal Tax Increment R venue Bond , and WHEREAS, Iowa Code Section 403.17(3) defies `Bons" as used in Chapter 403 to include "notes" and "other obligations'; and WHEREAS, Iowa Code Section 403.9(4) provides t�fit bonds sold under Iowa Code Section 403.9 may be sold at public or private sale; and I / WHEREAS, the City has obtained proposals for a private sale of Taxable Urban Renewal Revenue Capital Loan Notes, pursuant to Io de Chapter 403.9 and has determined necessary and advisable that the notes be issued in th am unt of $12,805,000 in accordance with the terms of this Resolution; and WHEREAS, it is now necessary and ad able that trovisions be made for the issuance of Notes in the amount of $12,805,000 Taxable,4Jrban Ren al Revenue Capital Loan Notes, Series 2016E, pursuant to the provisions of Section 403.9 othe Code of Iowa, payable solely from Net Revenues of the Urban Renewal Area. NOW, THEREFORE, BE IT RESOLVED BY THE gITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATI�OF IOWA: I Section 1. Definitions. The following terms shall have'the following meanings in this Resolution unless the text expressly,Or by necessary implication requires otherwise: • "Additional Obligations" shall mean any urban renewal revenue notes or bonds issued on a parity with t$e Notes in accordance with the provisions of this Resolution. -3- • "Clerk" shall mean the City Clerk, or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. • "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the Urban Renewal Area. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the fust day of the succeeding Fiscal Year. / "Governing Body" shall m the City Council of the City,its successor in function with respect to the operation od control of the Urban R ewal Area. • "Independent Auditor" shall m an independent of Certified Public Accountants or the Auditor of State. • "Issuer" and "City" shall mean City of Iowa' rty, State of Iowa. • "Loan Agreements" shall mean th Loan A ements between the Issuer the Original Purchasers, respectively, in subst tially a form attached to and approved by this Resolution. • "Net Revenues" of the Urban Ren the Tax Increment Revenues available as Urban Renewal Area. • "Notes" shall mean $12,805,000 a Notes, Series 2016E, authorized tc be , sue separate Notes in the amount of $9,8 ,00( • "Ordinance" shall mean inance • "Original Purchasers" s I mean N First National Bank, Ames, Io a of Ames, or Urban Renewal Area shall mean I from or held in connection with the Urban Renewal Revenue Capital Loan this Resolution, to be issued as two $3,000,000 respectively. No. p1-3991, as amended, of the City. Bank of Iowa City, Iowa and • "Outstanding Obli ions" shall mean the Taxable Urban Renewal Revenue Bonds, Series 2012D, dat November 29, 2012, p of which obligation id still outstanding and unpaid remain alien on the N Revenues of the Urban Renewal Area. • "Parity Oblig ' ns" shall mean urban renew revenue notes, bonds or other obligations payable o ely from the Net Revenues of Urban Renewal Area on an equal basis with the Not erein authorized to be issued, an hall include the Outstanding -4- Obligations and Additional Obligations as authorized to be issued under the terms of this Resolution. • "Paying Agent" shall mean the City Controller of , 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 tete Notes as the same shall become due. / "Permitted Investments" ■ direct obligations ( form on the books of) the America; ■ obligations of any represent full faith and a icluding obligations issued or held . book entry )artment of the Treasury of the U ted States of ie following federal agenci which obligations of the United States of erica, including: — Export -Impo Bank — Farm Credit S tem Financial — USDA Rural velopment — General Servi Administrati — U.S. Maritime AI — Small Business E — Government Nat — U.S. Department — Federal Housing ■ reloan agreements set out above if the Issuer through an authorized cus reloan agreements; ■ senior debt c (S&P) or "Aaa" by Federal National M Corporation; ■ U.S. dollar acceptances term certific "P -l" by M( (ratings on I ■ co highest c not more Corporation age Association (GNMA) & Urban Development (FHA's) ng collateral consists of the investments of the collateral either directly or L agreements do not include reverse os rated " " by Standard & Poor's Corporation Investors ervice Inc. (Moody's) issued by the Association r the Federal Home Loan Mortgage 6enominated deposit a ants, federal funds and banker's lomestic commercial b s which have a rating on their short- Fdeposit on the date of p chase of "A-1" or "A-1+" by S&P or and maturing no more Ylt 360 days after the date of purchase companies are not consid ed as the rating of the bank); paper which is rated at the a of purchase in the single on, "A-1+" by S&P or "P-1" Moody's and which matures 270 days after the date -5- ■ investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P, or "AAA" or "AA" by Moody's Investors Services, Inc.; ■ pre -refunded municipal obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such statewhic are not callable at the option of the obligor prior to maturity or as to w ch irrevocable instructions have been given b e obligor to call on the date ecified in the notice; and (a) which are ratA based on an irrevocable esc w account or fund (the "escrow"), in the high t rating category of S&P or ody s or any successors thereto; or (b)(i),, and redemption premium, t obligations of the Departmel which escrow may be applie interest and redemption I the maturity date or dates thi pursuant to such irrevocable hich are fully secured as t principal and interest any, by an escrow t of the Treasury i only to the payor ri m, if any, on su .r f or the soecifi nsis g only of cash or direct :h nited States of America, f such principal of and bonds or other obligations on redemption date or dates )priate; and (ii) which escrow is sufficient, as verified bya natio Uy recd 'zed independent certified public accountant, to pay principal of aninter t and redemption premium, if any, on the bonds or other obligations des 'b in this paragraph on the maturity date or dates specified in the irrevocable in ctions referred to above, as appropriate; ■ tax exempt bonds as defin d permitted by section 148 of the Internal Revenue Code and applicable la ons and only if rated within the two highest classifications as established b at I t one of the standard rating services approved by the superintend t of b ng by rule adopted pursuant to chapter 17A Code of Iowa; ■ an investment co ct rated wi ' the two highest classifications as established by at least a of the stan rating services approved by the superintendent of b ing by rule adopt pursuant to chapter 17A Code of Iowa; and Iowa PubliA Agency Investment • "Project Fund" all mean the fund required o be established by this Resolution for the deposit of the ceeds of the Notes. • "Registrar" all mean the City Controller of I wa City, lows, or such successor as may be approv by Issuer as provided herein and o shall carry out the duties prescribed herein ith respect to maintaining a register f the owners of the Notes. Unless otherwis specified, the Registrar shall also act Transfer Agent for the Notes. shall mean this resolution the issuance of the Notes. • "Revenue Fund" shall mean the special fund Under Iowa Code Section 403.19 into which all Tax Increment Revenues of the Urban Renewal Area shall be deposited. • "Tax Increment Revenues" shall mean the revenues received into the special tax fund created by the Ordinance and authorized by Section 403.19(2) of the Code of Iowa derived from the Urban Renewal Area. • "Treasurer" shall mean the Finance Director of the City of Iowa City, Iowa, or such other officer as shall succeed the same duties and responsibilities with respect to the recording and payment of the N�tes issued hereunder. I • "Yield Restricted" shall m required to be invested ata ell that is not materially higher than the yield on a Notes under section 148 ) of the Internal Revenue Code or regulations issued ereunder. Section 2. Authority.The Loan A cements and the No authorized by this Resolution shall be issued pursuant to Section 403.9, o e City Code of wa, and in compliance with all applicable provisions of the Constitution an laws of the Sta of Iowa. The Loan Agreements shall be substantially in the form attached to 's Resoluti and is authorized to be executed and issued on behalf of the Issuer by the Mayor attested y the City Clerk. In any suit, action or proceeding involving the validity or enforceab ity of a Notes or the security therefor, the Notes shall be conclusively deemed to have b is ed for such purpose and such project shall be conclusively deemed to have been planned, l ted and carried out in accordance with the provisions of Iowa Code Chapter 403. Section 3. Authorization and P o . ' negotiable, two Revenue Notes of the Ci of Iowa i in the amounts of 59,805,000 and $3,00 ,000, for th planning, undertaking, and carrying o of an urban property, including one or more gr s to a redevele with the construction of Class A o ce space, workI movie theatre at the northeast co er of College and are hereby authorized to be issued, ty, in the County of Johnson, State of Iowa, urpose of paying costs of aiding in the ewal project for the redevelopment of real The Chauncey, L.L.C., in connection ce ousing, a hotel, a bowling alley and nlb Streets. Section 4. Soe of ent. Nothing in this Res ution shall be construed to impair the rights vested in th'T ding Obligations. The amounts herein required to be paid into the various funds named in Resolution shall be inclusive of payments required in respect to the Outstanding Obligations The provisions of the resolution or resolutions referred to in Section 1 of this Resolution and a provisions of this Resolution are to be construed wherever possible so that the same will not a in conflict. In the event such construction is not possible, the provisions of the resolution adopted shall prevail until such time as the Obligations authorized by the earlier resolution ve been paid in full or otherwise satisfied as therein provided at which time the provisions of 's Resolution shall again prevail. The Notes herein authorized and Parity Notes and Pari Obligations and the interest thereon shall be payable solely and only out of the net earnings o the Urban Renewal Area and shall be a first lien on the future Net Revenues of the Urban R ewal Area. The Notes shall not be general obligations of the Issuer nor shall they be payable " any manner by taxation and the Issuer shall be in no manner liable by reason of the -7- failure of the net revenues to be sufficient for the payment of the Notes. The Notes are hereby declared to be issued for essential public and governmental purposes for a qualified urban renewal project. Section 5. Note Details. Taxable Urban Renewal Revenue Capital Loan Notes, Series 2016E, of the City in the amount of $9,805,000 and $3,000,000 respectively, shall be issued to evidence the obligations of the Issuer under Loan Agreements pursuant to the provisions of Section 403.9 of the City Code of Iowa for the aforesaid purpose. The Notes shall be designated "TAXABLE URBAN RENEWA REVENUE CAPITAL LOAN NOTES, SERIES 2016E", be dated September 15, 2016, and b ar interest from the date thereof, until pa ent thereof, at the office of the Paying Agent such terest payable on December 1, 2016, d semiannually thereafter on the 1 st day of June abd December in each year until mato ' at the rates hereinafter provided. The Notes shall be executed attested by the manual or facsimile seal of the City and shall be fully re Resolution; principal, interest and p Agent by mailing of a check to the i denomination of $9,805,000 and $3 Two Notes will be issued and follows: Note No. 1 (MidWestOne Bank, Interest Rate the manual or facsimile si afore of the Mayor and tature of the City Clerk d impressed or printed with the Bred as to both princi and interest as provided in this =owner any, shall be a)able at the office of the Paying �[ered owner of th ote. The Notes shall be in the 3.000% $7 8,916 3.000% 35,088 3.000%731,259 $7,599,737 3.000% $727,431 3.000% $727,431 3.000%* $631,716 3.000%* $555,144 3.000%* $566,630 3.000°/"* $578,116 3.000%* $593,430 3.000%* $608,745 3.000%* $624,059 3.000%* $643,202 3.000%* $662,345 3.000%* $681,488 1, 2036 and will be payable as the amount of $9,805,000 After Payment Payment Remaining Dates Principal 2022 $9,066,084 2023 $8,330,996 2024 $7,599,737 2025 $6,872,306 2026 $6,144,875 2027 $5,513,159 2028 $4,958,015 2029 $4,391,385 2030 $3,813,269 2031 $3,219,839 2032 $2,611,094 2033 $1,987,035 8034 $1,343,833 2035 $ 681,488 2 6 $ -0- *The Interest Rate on the Note will be adjusted on June 1, 2026, at which time the unpaid principal from 2027 through 2036 shall commence to bear interest at a rate per annum equal to the 10 Y Treasury Yield Curve Rate plus 1.65% for June 1, 2026, as reported on said date at www.ustreas.gov. (Treasury Curve tes are commonly referred to as "Constant Maturity Treasury" r es, or CMTs. These market yields are calculated from composit of quotations obtained );y the Federal Reserve Bank of New ork.) Note No. 2 (First National Interest Rate 3.000% 3.000% 3.000% 3.000% 3.000% 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* *The Interest which time tl commence Treasury reported are co CMTs. Ames, Iowa, Purchaser) in the)(mount of $3,000,000 $224,91% $223,741 $222,569 $222,569 $193,284 $169,856 $173,370 $176,884 $181,570 $186,2 $196, 8 $190,9 12 fate on the Note will b) unpaid principal from ear interest at a rate ve After Payment Remaining Principal 2022 $2,773,916 2023 $2,549,004 2024 $2,325,263 2025 $2,102,694 2026 $1,880,125 2027 $1,686,841 2028 $1,516,985 2029 $1,343,615 2030 $1,166,731 2031 $ 985,161 2032 $ 798,906 2033 $ 607,965 2034 $ 411,167 2035 $ 208,512 2036 $ -0- adjusted on June 1, 2026, at !027 through 2036 shall Y old Curve Rate plus 1.65% said date at www.ustreas.Q only referred to as "Constant ese market yields are calcul obtained by the Federal Res um equal to the 10 Year June 1, 2026, as (Treasury Curve Rates ftuity Treasury" rates, or from composites of Bank of New York.) Section 6. ftedemption. Each Note is subject to re June 1, 2026, Jun 1, 2029, June 1, 2032 and June 1, 2035 i9D :ion in whole or in part at par on any funds regardless of source. Thirty days' written notice of redemption shall be given to the registered owner of the Note. Failure to give such notice to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All Notes 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. Section 7. (a) Registration. The ownership of Notes may be transferred only by a making of an entry upon the bo ks kept for the registration and transfer of ownersbi of the Notes, and in no other way. e City Controller is hereby appointed as Note R gistrar under the terms of this Resolutio . Registrar shall maintain the books of the Iss er for the registration of ownershi of the Notes for the payment of principal and interest on the Notes as provided in this esolution. All Notes shall be negotiab as provided in Article 8 of the Uniform Commer 'al Code subject to the provisionsfo registration and transfer contained in the Notes and r this Resolution. (b) Transfer. The ownershV of any Note may be tra ferred only upon the Registration Books kept for the gistration and transf of Notes and only upon surrender thereof at the office of a Registrar by the holder or his duly author iz attome to the Registrar, along with the add' sand identification number of such transfer a (or multiple individuals, of all such trarisf registered owner of a Note (other than g broker or dealer in question) is that o a b Registration Books the informatio pertaim m Upon the transfer of any such e, a new hq denominations permitted by s Resolution v unmatured and unredeem principal amount and bearing interest at same rate and mato delivered by the Regi r. :t with an assignment duly executed in such form as shall be satisfactory security number or federal employer istration is to be made in the name of In the event that the address of the :eyed owner which is the nominee of the r or dealer, there must be disclosed on the to the registered owner required above. ly registered Note, of any denomination or ggregate principal amount equal to the such transferred fully registered Note, riiV on the same date or dates shall be (c) ReRe istrati�of Transferred Notes Transferred Notes. In all es of the transfer of the Notes, the Registrar shallgister, at the earliest practicable ti , on the Registration Books, the Notes, in ace dance with the provisions of this Resolution. (d) ginegrship. As to any Note, the person in whosname the ownership of the same shall b registered on the Registration Books of the Regi trar shall be deemed and reg ed as the absolute owner thereof for all purposes, payment of or on account of th rincipa] of any such Notes and the premium, if any, an interest thereon shall be ade 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 Note, including the interest thereon, to the extent of the sum or sums so paid. lulls (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes 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 Notes to the Issuer. (f) Non -Presentment qf Notes. of principal of or interest 64 th No not presented for payment o p ' ci sufficient to pay such principal o the Paying Agent for the benefit o owner thereof for such interest or and be completely discharged, and hold such funds, without liability f Notes who shall thereafter be restri whatever nature on his part under or Notes. The Paying Agents Whig equal to two years and six months f became due, whether at maturity, o otherwise, at which time the Paying to the Issuer, whereupon any claim or Notes of whatever nature shall b In the event any payment check representing payment Not is returned to the Paying Agent or if any note is pal at the maturity or redemption date, if funds r interest on Notes shall have been made available to the owner thereof, all liability of the Issuer to the yment of such Notes shall forthwith cease, terminate ereupon it shall be the duty of the Paying Agent to interest thereon, for the ben fit of the owner of such ed exclusively to such fun s for any claim of s Resolution o/ssuer. respect to, such interest on to hold suall continue for a period 0 owing the dah such interest or principal r a the date fixeption thereof, or A ent, shall soy remaining funds so held I this Resohe Owners of such interest e m upon the (g) Registration and Transfer Fees. T Issuer's expense, one note for each annual additional Notes in lesser denominations to an owner who so requests. Section 8. Reissuance of Mutilated D o ed outstanding Note shall become mutilated or b destroye request of Registrar authenticate and deliver new Note mutilated, destroyed, stolen or lost, in clAnge and sub; Arar may furnish to each owner, at the y. The Registrar shall furnish less than the minimum denomination) olen or Lost Notes. In case any stolen or lost, the Issuer shall at the Registrar, upon surrender of such m.0 Hal e, or in lie of destroyed, stolen or lost, upon filing wi)6 the Registrar evid Issuer that such Note has been Fewilth. , stolen or lost and p furnishing the Registrar and Isssatisfactory indemnit reasonable regulations as the Isagent may prescribe Issuer may incur in connection e tenor and amount as the Note so m for such mutilated Note to and substitution for the Note x satisfactory to the Registrar and )of of ownership thereof, and upon and complying with such other Vr paying such expenses as the Section 9. Record Dat . Payments of principal and int t, redemption, made in respect f any Notes, shall be made to there 's their designated Agent as t same appear on the books of the Regi month preceding the pa t date. All such payments shall fully d the Issuer in respect of s ch Notes to the extent of the payments so shall only be made upo surrender of the Notes to the Paying Agent. -11- otherwise than upon full ter ed holder thereof or to trar on the 15th day of the charge the obligations of e. Payment of principal Section 10. Execution. Authenticatioi this Resolution, the Mayor and Clerk shall ex shall authenticate the Notes and deliver the s Note shall be valid or obligatory for any pu hereunder unless the Registrar shall duly end Authentication substantially in the form of th any Note executed on behalf of the Issuer shs authenticated has been duly issued under this the benefits of this Resolution. and Delivery of the Notes. Upon the ute and deliver the Notes to the Regi ie to or upon order of the Original Pu e or shall be entitled to any right or 3e and execute on such Note a Ceq. . certificate herein set forth. Such el be conclusive evidence that theNot( Section 11. Right to Name Substitute Pa, right to name a substitute, successor Registrar or notice to each registered Noteholder. -12- and that the holder option of r, who hasers. No enefit ,ate of ificate upon so s entitled to ent or Registrar Issuer reserves the Agent upon gKing prompt written Section 12. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (6 6 (1) 2) 3 4 0 (9) a (10) (Contin/edon the back of is Note) I1 12 13) (14) 15 FIGURE 1 Front -13- The text of the Notes to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1= 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 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "TAXABLE URBAN RENEWAL REVENUE CAPITAL AN NOTE" "gFXIES 2016E" FOR FEDERAL INCOME TAX PURPOSES Rate: Note DatN September 15, 2016 CUSIP No : Note No. Principal Item 9, figure 1= The City of Io City, State of Iowa, a municipal corporation organized and existing under and by virtue of t e Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay fr the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel te completed by Registrar or Printer with name of Registered Owner). Item 10, figure I = or regi AMOUNT WRITTEN OUT) THOU America, on the maturity date shown office of the City Controller, Paying sum from the date hereof until paid 1, 2016, and semiannually thereaft Interest and principal records of ownership mainta payment date. THE HOLDERS TO FEDERAL INCOM] This Note is for the purpose of p urban renewal proje redeveloper, The Cl sten assigns, principal sum of (PRINCIPAL S DOLL in lawful money of the United States of a ove, only upon resentation and surrender hereof at the gent of this issue or its successor, with interest on such the rate per ann specified above, payable on December on the 1st day of Ju a and December in each year. I be paid to the registered by the Registrar as of the THE NOTES SHOULD s ed pursuant to the provisions of Secti g costs of aiding in the planning, undi for the redevelopment of real property, mcey, L.L.C., in connection with the cc -15- er of the Note as shown on the day of the month preceding the THE INTEREST AS SUBJECT 403.9 of the City Code of Iowa, �in.F, and carrying out of an udmg one or more grants to a ction of Class A office space, workforce housing, a hotel, a bowling alley and movie theatre at the northeast comer of College and Gilbert Streets, and in order to evidence the obligations of the Issuer under a certain Loan Agreements dated September 15, 2016, in conformity to a Resolution of the City Council of the City duly passed and approved. In any suit, action or proceeding involving the validity or enforceability of the Notes or the security therefor, the Notes shall be conclusively+ deemed to have been issued for such purpose and such project shall be conclusively deem 'to have been planned, located and carried out m accordance with the provisions of Iowa Cod Chapter 403. For a complete statement of the re nues and funds from which and the cond' ons under which this Note is payable, a statement of t e conditions under which additional N res or Bonds of equal standing may be issued, and the eneral covenants and provisionsp suant to which this Note is issued, reference is made to the Lo bove described an Agreeme and Resolution. The Note is subject to redemption'n whole or in part at par o June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035, from\bear ds regardless of ource, in whole or from time to time in part. Thirty days' written notice of redemall be giv to the registered owner of the Note. Failure to give such notice to any reowner the Notes or any defect therein shall not affect the validity of any proceedings fdemp ' n of the Notes. All Notes or portions thereof called for redemption will cease to eres fter the specified redemption date, provided funds for their redemption are onat a place of payment. Ownership of this Note may be tryezer, purpose by the City Controller, the Regipresentation and surrender of this Note atogether with an assignment duly executthe form as shall be satisfactory to the RRegistrar and Paying Agent but shall, ho r by transfer upon the books kept for such nsfer on the books shall occur only upon the Registrar as designated below, -r hereof or his duly authorized attorney in reserves the right to substitute the t give notice to registered Noteholders of such change. All Notes shall be negoti le as provided Article 8 of the Uniform Commercial Code and subiect to the provisions fn gistration and fer contained in the Note Resolution. This Note and the series of,*Mch it forms a part an any Additional Obligations which may be hereafter issued and outs ding from time to time a parity with the Notes, as provided in the Note Resolutio and Loan Agreements of w ich notice is hereby given and which are hereby made a part ffereof, are payable from ands ured by a pledge of the Net Revenues of the Urban Renewal Area, as defined and provide4 in the Resolution. This Note is not payable in any manner by taxation and under no circumst manner liable by reason of the failure of the Net Revenues to hereof. And it is hereKy represented and certified that all acts, conc according to the laws and Constitution of the State of Iowa, to exis be performed preg6dent to the lawful issue of this Note, have been performed as required by law. r` -16- shall the City be in any Tiicient for the payment ions and things requisite, to be had, to be done, or to �istent, had, done and IN TESTIMONY WHEREOF, the City by its City Council has caused this Note to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its Clerk, with the seal of the City printed hereon, and authenticated by the facsimile signature of an authorized representative of the Registrar, the City Controller, Iowa City, I wa. Item 11, figure 1 NRe e of Authentication: Item 12, figure 1 s is one of the Notes described in the wi 'n mentioned olution, as registered by the City Contrller Registrar LE Item 13, figure 1 = Registrar kd Transfer Agent: City Controller Paying AgVFOR- City Controller SEE REVIN DEFINITIONS Item 14,figure 1 = (Seal) Item 15, figure 1 = (SignatureCITY OF TE OF IOWA U-1 ATTEST: ffm Item 17, figure 1 = (Ass ent Block) (In rmation Required -17- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the s id Note on the books kept for registration of the within Note, with full power of substitution ir�the premises. Dated this SIGNATURE GUARANTEED ul'Ot :►Y The signature(s) to this Power must coi the face of the Certificate(s) or Note(s) enlargement or any change whatever. accordance with the prevailing standan Transfer Agent. Such standards and p guaranteed by certain eligible gua o recognized signature guarantee p IZ1 •N55krItol2 Name of Transferee(s) Address of Transferee(s) Social Security or Tax Id Number of Tran Transferee is a(n): Individual* Partnership 2016. Y ld with the name(s) as written upon ry particular without alteration or ire guarantee must be provided in procedures of the Registrar and :es may require signature to be utions that participate in a Trust OF TRANSFER * If the Note is to hk registered in the names of multiple inlividual owners, the names of all such owner7gh one address and social security number ust be provided. The followibreviations, when used in the inscription o� the face of this Note, shall be construed as thowritten out in full according to applicable laws or regulations: TEN COM -%s tenants in common I" TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cult) (Minor) Under Iowa Uniform Transfers to Minors Act. .). ............. (State) ADDITIONAL Section 14. Equality of Lien. TI( Notes and Parity Obligations shall be sec Urban Renewal Area without priority by revenues of the Urban Renewal Area are both principal and interest as the same bt Section 15. applied as follows: MAY ALSO BE NOT IN THE ABOVE LIST timely payment of principal ofAnd interest on the red equally and ratably by th et Revenues of the �ason of number or time of ale or delivery; and the ceby irrevocably pled g to the timely payment of o c due. ♦ An amount equal to accrued int application to the first payment ♦ The balance of the proceeds shall therefrom for the purposes of iss) The Project Fund shall be invested i ccordan Earnings on investments of the Project F shall be d p Fund. Any amounts on hand in the Proj t Fund shall t principal of or interest on the Notts at y time that oth be insufficient to the purpose, in whi event such funds the earliest opportunity. Any bal a on hand in the Pro for its purposes may be invested t inconsistent with lir Revenue Code and this Resoluti n. Proceeds of the Notes shall be be deposited in the Sinking Fund for on the Notes. to the Project Fund and expended with Section 18 of this Resolution. osited in and expended from the Project available for the payment of the r funds of the Urban Renewal Area shall all be repaid to the Project Fund at t Fund and not immediately required provided by law, the Internal Section 16. Debt Cert cation. It is hereby certified at subject to such limitations as provided by in Section 403 9 of the Code of Iowa, the annu amount to be certified on or before December 1 each y ar for collection in incremental tax pursuant to Section 403.19(2) of the Code of Iowa, shall a not less than the maximum amount t forth in Section 5 of this Resolution. Section 17. lication of Revenues. The provisions in the Outstanding Obligations heretofore adopt are hereby ratified and confirmed, and all such provisions inure to and constitute the se rity for the payment of the principal and interest on Notes hereby authorized to be issued; pro 'ded, however: a) that the amounts to be set aside and paid into the Sinking Fund in equal mon installments from the earnings shall be sufficient to pay the principal and -19- interest due each year, not only on the Outstanding Obligations, but also the prindpal and interest of the Notes herein authorized to be issued and to maintain a reserve the for, and b) the Reserve Fund provided therein shall apply only to the Outstanding Obligation and shall not secure the Notes. Nothing in this Resoluti shall be construed to impair the rights 'ested in the Outstanding Obligation. The am is herein required to be paid into a various funds named in this Section shall be inclusive of pa ents required in respect to the utstanding Obligations. The provisions of the legislation auth 'zing the Outstanding Obli tions and the provisions of this Resolution are to be construed wh ever possible so that the ame will not be in conflict. In the event such construction is not possib ,the provision s of a resolution first adopted shall prevail until such time as the notes or bon authorized by s 'd resolution have been paid in full or otherwise satisfied as therein provided at hich time th rovisions of this Resolutions shall again prevail. From and after the Outstanding Obligati and after the delivery of any Notes, and as long outstanding and unpaid either as to principal or Obligations then outstanding shall have been di this Resolution, the entire income and revenue collected in a fund to be known as the Urban shall be disbursed only as follows: p4e been paid in full or defeased, and from y of the Notes or Parity Obligations shall be interest, or until all of the Notes and Parity Md satisfied in the manner provided in n Renewal Area shall be deposited as evenue Fund (the "Revenue Fund"), and (a) Sinking Fund. Money in a Revenue Fun shall next be disbursed to make deposits into a separate d special fund to kay the principal and interest requirements of the Fis al Year on the Note and Parity Obligations. The fund shall be known as the rban Renewal Revere Note and Interest Sinking Fund (the' Fund" .The required amount to a deposited in the Sinking Fund in any month shall a the equal monthly amo necessary to pay in full the installment of int est coming due on the next ' crest payment date on the then outstanding Not and Parity Obligations, plus th equal monthly amount necessary to �,Iing in full the installment of princip coming due on such Notes on the next succ principal payment date until th full amount of such installment i on hand. If for any reason the amoun on hand in the Sinking Fund exceeds the equired amount, the excess shall forth Rh be withdrawn and paid into the R enue Fund. Money in the Sinking Fund s 11 be used solely for the purpose o paying principal of and interest on the Not and Parity Obligations as the saThall become due and payable. (b) Subordinate Obligations. Money in the Revenue Fund m y next be used to pay princi al of and interest on (including reasonable reserves herefor) any other obligations which by their terms shall be payable from the enues of the Urban Renewal Area, but subordinate to the Notes and Parity Ob1i tions. (c) 51#plus Revenue. All money thereafter remaining in the Revenue Fund at the clbse of each month may be deposited in any of the funds creator by this -20- Resolution, or may be used to pay or redeem the Notes or Parity Obligations, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid int the various funds and accounts hereinbefore referred o in the order in which the funds a e listed, and if in any month the money in the Revenue Fun hall be insufficient to deposit or sfer the required amount in any of the funds or accounts, the eficiency shall be made up aft payments into all funds and accounts enjoying a prior claim to he revenues shall have been et in full. The provisions of this Section shall not be construed require the Issuer to main in separate bank accounts for the funds created by this Section; ex t the Sinking Fund sha be maintained in a separate account but may be invested in conj tion with other funds f the City but designated as a trust fund on the books and records of the C Section 18. Investments. All offunds provid9b by this Resolution may be invested only in Permitted Investments or deposited 'n financial ' sututions which are members of the Federal Deposit Insurance Corporation or its insured thereby and all such deposits exceedi by FDIC or its equivalent successor in any one in compliance with Chapter 12C of the Code of pledge of direct obligations of the United States All such interim investments shall mature before the purposes for which the fund was created or/ maturing in more than three years in the case f All income derived from such shall be regarded as revenues of the U necessary be liquidated and the procet fund was created. Section 19. Covenants 1 and agrees with each and every rivale successor, and the deposits in which are 'hemi amount insured from time to time in cia, institution shall be continuously secured a, 2015, as amended, or otherwise by a valid ovemment having an equivalent market value. t e date on which the moneys are required for )thise as herein provided but in no event the eserve Fund. Invents shale deposited in the Revenue Fund and Renewal Ar Investments shall at any time .ereof applied o the purpose for which the respective ing the Urban RenewW Area. The Issuer hereby covenants of the Bonds and PanV Obligations: (a) Maintenance in F ce. The Issuer will maintai the Urban Renewal Area and the Ordinance in for and will annually certify end tedness for the Project and cause the Tax Irl0brement Revenues of the Urban enewal Area to be collected and applied as pro ded in this Resolution. Provided, owever, that to the extent that amounts are op hand and are sufficient to meet the ayrn required to be made and to mainton a sufficient balance in each fund as equired by this Resolution, the Issuer y adjust the certification for increment taxes in any year. (b) Accountirig and Audits. The Issuer will cause to be k t proper books and accounts f the Issuer adapted to the Urban Renewal A#a and in accordance with general] relating accounting practices, and will cause t books and accounts to be audi as a part of the issuers general audit annually after the end of each Fiscal Year by an independent auditor and will make gcne�ally available to the holders of any of the Bonds and Parity Obligations, the balagtce sheet and the -21 - operating statement of the Issuer as certified by Purchaser shall have at all reasonable times the Renewal Area records, accounts and data of the finther agreed that if the Issuer shall fail to prov by this subsection, the Original Purchaser may 4 prepared at the expense of the Issuer. The all it shall include, but not be limited to, the folio in su h auditor. The Original igbt to inspect the Urban suer relating thereto. It is de the audits and reports required ause such audits and reports to be reports required by this Section __ information: (i) A statement of Net Revenues col]iEcted in the special fund of the Urban Renewal Area; (ii) Analyses of eAeh fund and a unt created hereunder, including deposits, withdrawals and be g and ing balances; (iii) The minutes of th gove g body of the Issuer for the Fiscal Year; and (iv) A general statement ver any events or circumstances which are perceived to affect the finan ' status of the Bonds. (c) State Laws. The Issuer w 1 fai Ily and punctually perform all duties with reference to the Bonds r uired the Constitution and laws of the State of Iowa including the certificati n and col ting of indebtedness as above provided, and will segregate the Net evenues o e Urban Renewal Area and apply said revenues to the funds vecifred in s Resolution. (d) The Issuer reserves he right to amen the Urban Renewal Area in its lawful discretion. Provid , the LSsuer may end the Urban Renewal Area by merging or combining wi another such urban rknewal area, but if urban renewal areas being combined 'th the Urban Renew Area have obligations outstanding payable from Incremental Tax Reven es of the Net Revenues available to pay the Bonds and 1 other obligations of the erged area in the Fiscal Year in which the action tak place, computed on the s e basis as provided in Section 20(b)(i) of this Resol 'on, shall be at Ieast equal to .25 times the maximum combined debt service f the urban renewal areas in an Fiscal Year. The terms of merger of urban r wal areas may provide that the o ligations of the combined urban renewal ar having the same lien position as xisted in the separate urban renewal ar . In no event shall obligations r ]ting from a merger have any priority o er the Bonds or Parity Obligations. Section 20. Prior Lien and Pant Obligations. The Issuer will issue no other notes, bonds or obligations o any kind or nature payable from or enjoyin alien or claim on the property or revenues of the Urban Renewal Area having priority over the Notes or Parity Obligations. _22_ Additional Obligations may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such Additional Obligations to the revenues of the Urban Renewal Area and the mo y on deposit in the funds adopted by this Resolution, for the following purposes and funder the following conditions, but not otherwise: (a) For the pu ose of refunding any of the Notes or Parity Obligations which shall have matured or w 'ch shall mature not later than three months after the date of delivery of such refunding obligation and for the payment of which there shall be insufficient money in the Sinking und; (b) For the purpose o aiding in the planning or undertaking of an urban renewal project in the Urban Rene al Area, refunding any outstanding Notes, Parity Obligations or general obligation notes, all of the following conditions shall have been met: (i) before y such Additional Obligations ranking on a parity are issued, there will h0f been procured and filed with the City Clerk, a statement of an lndepend t Auditor, independent financial consultant or a consulting engineer, not alar employee of the Issuer, reciting the opinion based upon necess investigations that the Net Revenues of the Urban Renewal Area fore receding Fiscal Year (with adjustments as hereinafter provided) were eq to at least 1.25 times the maximum amount that will be required ' y Fiscal Year prior to the longest maturity of any of the Notes/or ity Obligations for both principal of and interest on all Notes and Panty O igations then outstanding which are payable from the net earnings of th Urban Renewal Area and the Additional Obligations then propos to be issued. For the purpose of determining the Ne Revenues of the Urban Renewal Area for the preceding Fiscal Year as a resaid, the amount of the gross revenues for such year may be adjusted an Independent Auditor, independent financial consultant or a co Iting engineer, not a regular employee of the Issuer, so as to reflect any hanges in the amount of such revenues which would have resulted had th I tax increment available for the Urb enewal Area been certified o realized sin that time been in effect during Year. ('i) the Additional Obligations must and as td interest on the same month and day as d additional taxable value of such preceding Fiscal / (iii) for the purposes of this Section, prin falIirfg due on the first day of a Fiscal Year shall be of the immediately preceding Fiscal Year. -23- Table as to principal otes herein and interest ted a requirement (iv) for purposes of this Section, "preceding Fiscal Year" hall be the most recently completed Fiscal Year for which audited fin tial statements prepared by a certified public accountant are issued d available, but in no event a Fiscal Year which ended more tha eighteen months prior to the date of issuance of Additional Obligatio Section 21. Not ual fled Tax -Exempt Obli ations. The Note shall not be designated as qualified tax-exempt oblig tions as defined by Section 265(b) of t e Internal Revenue Code of the United States, as amended. Section 22. Dischaz e Ad Satisfaction of Notes. The 96venants, liens and pledges entered into, created or imposed] ursuant to this Resolution ay be fully discharged and satisfied with respect to the Notes nd Parity Obligations, any of them, in any one or more of the following ways: (a) By paying the Notes o? )arity Obligatj6ns when the same shall become due and payable; and (b) By depositing in trust wi the Governing Body for the pay exclusively to that purpose an ai the maturities and income of wk redemption prior to maturity on redeemed, all of such obligation thereon to maturity or to the d may be payable on the rede ti of all such obligations to b reds shall have been made for ch p the T asurer, or with a corporate trustee designated by t o the obligations and irrevocably appropriated in cash or direct obligations of the United States all be sufficient to retire at maturity, or by les\gnated date upon which the obligations may be lutskriding at the time, together with the interest rate edemption date, premiums thereon, if any, that of th same; provided that proper notice of redemption ned sh l have been previously published or provisions Upon such payment or eposit of money or kcurities, or both, in the amount and manner provided by this Section, all ability of the Issuer wi respect to the Notes or Parity Obligations shall cease, determine and completely discharged, kd the holders thereof shall be entitled only to payment out of th oney or securities so depo 'ted. Section 23. Res6lution a Contract. The provision of this Resolution shall constitute a contract between the I suer and the holder or holders of th Notes and Parity Obligations, and after the issuance of y of the Notes no change, variation o alteration of any kind in the provisions of this olution shall be made in any manner, a pt as provided in the next succeeding Sectio , until such time as all of the Notes and P Obligations, and interest due thereon, shall ha a been satisfied and discharged as provided in 's Resolution. Sectio 24. Amendment of Resolution Without Consent, a Issuer may, without the consent of or notice to any of the holders of the Notes and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: -24- (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with an application provision of law or regulation of federal or state agencies; provided, h ever, that such action shall not materially adversely affect the interests of the holders f the Notes or Parity Obligations; (b) to grant tA or confer upon the holders of the Notes or Pant Obligations any additional rights, 1priedies, powers or authority that may lawfull be granted to or conferred upon the olders of the Notes; (c) to add to the Nvenants and agreements of the Issue contained in this Resolution other covenants and a eements of, or conditions or restri ions upon, the Issuer or to surrender or eliminate right or power reserved toor nferred upon the Issuer in this Resolution; or (e) to subject to the lien tdpd pledge of this Resolution additional pledged revenues as may be permitted by law. \ Section 25. Amendment of Reso amended from time to time if such amend less than two-thirds in principal amount of outstanding (not including in any case any account of the Issuer, but including such r( purpose of refunding any of such Notes if the Issuer); but this Resolution may not be (a) Make any change in theaturity of' of payment of principal of or mi st on the conditions with respect tosue payment; (b) Materially affect th rights of the ho Obligations then outstand' g; and aiy(np Consent. This Resolution may be ave been consented to by holders of not s and Parity Obligations at any time hick may then be held or owned by or for the obligations as may have been issued for the ending obligations shall not then be owned by ded in such manner as to: t rate of the Notes, or modify the terms or any of them or impose any less than all of the Notes and Parity (c) Reduce the per)Uentage of the principal amou t of Notes, the consent of the holders of which is reAuired to effect a further amen ent. Whenever the Issu shall propose to amend this Resoloon under the provisions of this Section, it shall cause no ce of the proposed amendment to be filed with the Original Purchasers and to be mailed by eery fled mail to each registered owner of any,lote as shown by the records of the Registrar. Suc otice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever ji any time within one year from the date of the mailing of the notice there shall be filed witX the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in -25- the notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of tete Notes and Parity Obligations. / Any consent given y the holder of a Note pursuant to the p sions of this Section shall be irrevocable for a period six months from the date of the ins ent evidencing such consent and shall be conclusive and b ding upon all future holders /:theerne Note during such period. Such consent may be revoked t any time after six months frdate of such instrument by the holder who gave such conse t or by a successor in title bnotice of such revocation with the City Clerk. The fact and date of the ex ution of any rostrum t under the provisions of this Section may be proved by the certificate of y officer in any j 'sdiction who by the laws thereof is authorized to take acknowledgmentsVe ithin ch jurisdiction that the person signing such instrument acknowledged beforxec on thereof, or may be proved by an affidavit of a witness to such executib ore such officer. The amount and numbers of td by any person executing such instrument and thedateofhisholdingthesamemayby an affidavit by such person orby a certificate executed by an officer of a bank or trny showing that on the date therein mentioned such person had on deposit with sucust company the Notes described in such certificate. Section 26. Severability. If an secti , paragraph, or provision of this Resolution shall be held to be invalid or unenforceable or any on, the invalidity or unenforceability of such section, paragraph or provision shall of affect y of the remaining provisions. Section 27. Reneal of Conilictinia OrdinaAces or Resolutions and Effective Date. All other ordinances, resolutions anorders, or parts t eof, in conflict with the provisions of this Resolution are, to the extent of uch conflict, hereb repealed; and this Resolution shall be in effect from and after its adopt n. -26- ADOPTED AND APPROVED this 16th day of August, 2016. LOAN AGREEMENT The City of Iowa City, Iowa (the "City") hereby agrees to sell, and MidWestOne Bank (the "Bank") hereby agrees to purchase the Iowa City, Iowa Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E (the "Note"), in the principal amount of $9,805,000, to be dated September 15, 2016 (the "Dat ate"). The Note will be secured solely and only by a first lien on the net revenues of the Ci -University Project 1 Urban Renewal Area, as am ed, the "Urban Renewal Area") certffied by and paid to the City pursuant to Iowa Code ction 403.19. No reserve fund shall be req 'red. The Note will mature on June 1, 2036, and will be payable as June and Interest Rate 3.000% 3.000% 3.000% 3.000% 3.000% 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* 3.000%* *The] which are Mandatory Call Amounts $738,916 $735,088 $731,259 $727,431 727,431 631,716 M erate on the Note ii Vunpaid principal c bear interest at a ra Yield Curve Rate plus 1. on said date at www.ustre monly referred to as "Cons These market yields are oa ns obtained by the Federal After Payment Payment Remaining Date Principal 22 $9,066,084 023 $8,330,996 2024 $7,599,737 2025 $6,872,306 2026 $6,144,875 2027 $5,513,159 2028 $4,958,015 2029 $4,391,385 2030 $3,813,269 2031 $3,219,839 2032 $2,611,094 2033 $1,987,035 2034 $1,343,833 2035 $ 681,488 2036 $ -0- be adjusted on June 1, 2026, at m 2027 through 2036 shall per annum equal to the 10 Year ,5% for June 1, 2026, as gov. (Treasury Curve Rates t Maturity Treasury rates, or Ic ated from composites of Re a Bank of New York.) will be payable December 1, 2016, and 1 thereafter on the first day of The Note is subject to redemption in whole or in part at par on June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035. The Bank acknowledges that concurrent with the sale of the Note, it will sell an additional Note to First National Bank, Ames, Iowa, in the principal amount of $3,000,000 which Note shall rank on parity with the Nofe The City agrees that it will i obligations, pledging the net revem certificate from an independent fins net revenues of the Urban Renewal both, all outstanding obligations, in pledged, and the new proposed obli t enter into any agreement, nor issue any additional of the Urban Renewal Area unless it has first obtained a pial advisor or certified public accountant finding that the �ea are sufficient to cover 125% of principal and interest on uding the Note, to which the net revenues have been The Bank hereby agrees to perform under the terms of this the Note from the City on the Dated Date, r such other date as sh price of $9,805,000 upon delivery of the N�te to the Purchaser t approving and certifying the legality of the j�I\lote by the firm o Attorneys, Des Moines, Iowa. The Bank hereby represents, certifies skid agrmXs follows: 1. The business of the Bank is barilA sufficient knowledge and experience in financial, and ownership of limited security municipal ob X merits of the investment represented by its p111111 the City or its officers, Council members, plot as to the accuracy or completeness of an such in has made its decision to purchase the ote based analysis. The Bank is able to bear t economic: �reement, and to purchase be agreed to in writing, at a ier with an opinion s & Cooney, P.C., /As an institutional investor, the Bank has I business matters, including the purchase ons, to be able to evaluate the risks and of the Note. The Bank has not relied upon y City's financial advisor, attorneys or agents `nation. As a sophisticated investor the Bank ly upon such information, inquiry and � represented by its purchase of the Note. 2. Neither the Cityyfor its officers, Councilmembers, employees, attorneys, City's financial advisor or agents ha ,vmade any representationr warranty concerning the future financial position of the Urjkn Renewal Area, or future usiness conditions in the Urban Renewal Area; the likelilj od that tax increments colleetkd by the City pursuant to Iowa Code Section 403.19 from the Urban Renewal Area will be sufkcient to pay principal and interest on the Note, nor have ar# of them represented or warranted a correctness of any materials finnished to the Bc by any third party. 3. a Bank acknowledges it has, independent] its officers, ouncil members, employees, City s financial a on the fin cial statements and such other documents and inf made its n credit analysis and decision to enter into this A acknow edges that it will, independently and without reliance 2 and without reliance upon the City, isor, attorneys or agents, and based ation as it deems appropriate, ement. The Bank also U on the above parties and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement. 4. The Bank understands that the Note is payable solely and only from the incremental taxes collected by the City pursuant to Iowa Code Section 403.19 with respect to e Urban Renewal Area. The Bank acknowledges that the sufficiency of said incremental tax to pay the Note will depend upon the continual levy and payment of taxes against propertie the Urban Renewal Area by third parties, and may be affected by changes in the provisions incremental/ State law governing the collection of taxes and the division of revenue under Iowa Code S tion 403.19 for the Urban Renewal Area property tax classifications and valuations, fm tial conditions for properties in the Urban Renewal Area, and other factors outside th control of the City. 5. The Bank acknowleqges that no offering statement, prospec9, offering circular or other comprehensive offering staNment containing material informatign with respect to the City, the Urban Renewal Area or the Note, is being provided by the Ci# and that, in due diligence, the Bank has sought such ad 'ce as it has deemed necessa# and have made its own inquiry and analysis with respect to the C4y, the Note and the secipity therefor. 6. The Bank acknowledges that 't obtained such ' ependent legal and financial information it deems adequate for a reasonab investor in g investment decisions from knowledgeable individuals of its choosing co ng the ity, the Urban Renewal Area and the Note. 7. The Bank is acquiring the Note fo i own account, or for resale to other sophisticated investors. If the Bank sells or oth 'se disposes any or all of the Note, it will comply with all applicable state an/thimitedt w , es, regulations, including but not limited to all required disclosure. The Bank oul it sell or transfer all or any portion of the Note, such sale or transfer shall be stitu 'onal Investors. Such sale or transfer will not be made, and no transfer and rewill be ompleted, until an Investment Letter in the form attached hereto as Exhibit A xecuted y such histitutional Investor, such letter is furnished to the Registrar and the Tgent for a Note, and the conditions of the Investment Letter and this ARreemisfied. 8. The Bank Act of 1933 and is not being the 'Blue Sky" laws and reg securities exchange, (c) will marketable. No opinion re the City. The Bank agre n registration of the Note ith ds that the Note (a) i not being registered under the Securities ter or otherwise qua l fled for sale under the laws of Iowa or ions of any other state, (b will not be listed on any stock or other rry no rating from any ratin service, and (d) will not be readily ig to the registration of the to will be issued by or on behalf of to offer, sell or transfer the to or make any change in t having first determined that a sale or transaction which necessitates or promp the transfer to change of registration ay be made without violating the Iowa Uniform Securi es Act or any other applicable law, rule regulation. 9. The Bank acknowledges this transaction is exempt from SEC Rule 15c2-12 because the Bank is a sophisticated investor, any transfer is restricted to other sophisticated investors, and the Note will be in one or more denominations of $100,000 or Afore. Dated this day 2016. MIDWESTONE BANK Iowa City, Iowa / Um Accepted on behalf of the City CAuncil, City ofjlowa City, Iowa. Jim Throgmorton, Mayor ATTEST: Marian Karr, City Clerk (SEAL) 01262847-1\10714-120 Exhibit "A" (Form of Investment Letter) Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, IA 50309 RE: Iowa City, Iowa - $9,805 Loan Note, Series 2016E Ladies and Gentlemen: This letter is to provide you with cer participation in the purchase of the $9,805,1 Note, Series 2016E, in the aggregate princi, ANotc"), dated September 15, 2016, issued The business of the undersigned is b� defined, the bank has sufficient knowledge ai including the purchase and ownership of mun merits of the investment represented by its pt risks represented by its purchase of the Note. City of Iowa City, Iowa 410 E. Washington Street Iowa City, Iowa 52240 Urban Renewal Revenue i representations and Taxable Urban Ren amount of $9,805,0( the City of Iowa Cid The bank has made inquiry and analysi? factors affecting the credit of the Issuer and the acknowledges that it has been furnished with It further acknowledges that it has been offer data and business of the Issuer, as well as ch necessary or appropriate as a prudent and owl Note. Neither the Issuer nor its representation or warranty conc nor have any of them represente by the Issuer in connection with or its officers, Council mcmb such information. As a sop st Note based solely upon suc inf The bank is f Iowa) legislation, rul securities, including, transfer or distributie securities laws of tht with respect to our ie Capital Loan .feferred to above (the Iowa (the AIssuer®). ing. As antutional Investor, as hereinafter experience financial and business matters, nal oblige ' ns, to be able to evaluate the risks and Note. It is able to bear the economic t respect to the Issuer and other material lihood of the payment of the Note. It of all legal documents pertaining to this issue. ;as to all information relating to the financial r information as the undersigned deems ;able investor in evaluating the purchase of the rrwai Counembers, or employees or agents has madeany e financia position or business condition of the Issuer, ented the rrectness of any offering materials furnished is purchase of the ote. The bank has not relied upon the Issuer or employees or a ents as to the accuracy or completeness of sated investor, the has made its decision to purchase the rmation and its o inquiry and analysis. miUkr with the federal and state i s; iegulations, and case law p blit not limited to, disclosure obli i. It acknowledges that the Note United States or any state thereof, ding, but not limited to the state of to the transfer and distribution of is of the seller incident to any such not been registered under the hereby covenants and agrees that it City of Iowa City, Iowa $9,805,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E Page 2 will not sell, offer for sale, pledge, transfer, convey, hyp hecate, mortgage, or any interest therein in violation of applicable federal Or state law. The bank represents it is purchasing the Note fo4 its own account (or affiliate corporation) for Investment (and not on behalf Of another) and hasft reselling the Note or dividing its interest therein, either determinable period of time or upon the occurrence or n or circumstance; but the undersigned reserves the right t convey, hypothecate, mortgage, or dispose of the Note a subject to the provisions of the Note Purchase Agreemer incorporated herein by reference. It has not and will no fee to any person or entity in connection with its purchas not purchasing the Note pursuant to, any form of general the Note. The bank agrees that it will not furnish to on behalf of the Issuer and designated as This letter shall be binding upon the 01263120-1\10714-120 or of the Note Slated subsidiary or present intention of we of a fixed or noccurrence any predetermined event sell, offer r sale, pledge, transfer, some fu a date determined by it, whic s attached hereto and pay y commission, compensation, or of a Note and it is not aware of, and is icitation or advertising with respect to Very arson information famished to it by or as permitted and provided in the Note. its successors and assigns. Yours, LOAN AGREEMENT The City of Iowa City, Iowa (the "City") hereby agrees to sell, and First National Bank, Ames, Iowa (the 'Bank") hereby ees to purchase the Iowa City, Iowa Taxable Urban Renewal Revenue Capital Loan Note, Series 016E (the "Note"), in the principal amount of $3,000,000, to be dated September 15, 2016 (the "D ed Date"). The Note will be secured solely and only by a first lien on the net revenues of the Cit University Project 1 Urban Renewal Area, as amended, (the "Urban Renewal Area") certified by'gnd paid to the City pursuant to Iowa Code Section 403.19. No reserve fund shall be required.` The Note will mature on June 1, 2016, and will be payable as Interest Mandatory Rate Call Amounts After Payment Remaining Principal 3.000% $226,084 0 $2,773,916 3.000% $224,912 /2202223 $2,549,004 3.000% $223,741 2024 $2,325,263 3.000% $222,569 2025 $2,102,694 3.000% $222,569 2026 $1,880,125 3.000%* $193,284 2027 $1,686,841 3.000%* $169,856 2028 $1,516,985 3.000%* $173,370 2029 $1,343,615 3.000%* $176,88 2030 $1,166,731 3.000%* $181,570 2031 $ 985,161 3.000%* $186,255 2032 $ 798,906 3.000%* $190,941 2033 $ 607,965 3.000%* $196,798 2034 $ 411,167 3.000%* $202,655 2035 $ 208,512 3.000%* $208,512 036 $ -0- *The Interest Rate on the Note will be adjon June 1'2026, at which time the unpaid principal from 2027 t ough 2036 shall commence to bear interest at a rate per annum ua1 to the 10 Year Treasury Yield Curve Rate plus 1.65% for Jun ] , 2026, as reported on said date at www.ustreas.gov. (Tr Curve Rates are commonly referred to as "Constant Maturity reasury" rates, or CMTs. These market yields are calculated from mposites of quotations obtained by the Federal Reserve Bank o New York.) Interest will be payable December 1, 2016, and semiannually hereafter on the first day of June and December. The Note is subject to redemption in whole or in part at par on June 1, 2026, June 1, 2029, June 1, 2032 and June 1, 2035. The Bank acknowledges that concurrent with tqe sale of the Note, it will sell an additional Note to MidWestOne Bank in the principalount of $9,805,000 which Note shall rank on parity with the Note. The City agrees that it will not enter into any ao obligations, pledging the net revenue of the Urban Rene certificate from an independent financial advisor or cert net revenues of the Urban Renewal Area are sufficient 1 both, all outstanding obligations, including the Note, to pledged, and the new proposed obligation. The Bank hereby agrees to perform under the to the Note from the City on the Dated Date, or such other price of $3,000,000 upon delivery of the Note to the Pu approving and certifying the legality of the Note by the Attorneys, Des Moines, Iowa. The Bank hereby represents, certifies and 1. The business of the Bank is b As sufficient knowledge and experience in financial d bu and ownership of limited security municipal o gations merits of the investment represented by its p chase of 1 the City or its officers, Council members, ployees, C as to the accuracy or completeness of an ch informat has made its decision to purchase the to based solely analysis. The Bank is able to bear th economic risks rt 2. Neither the City n its officers, Council financial advisor or agents has a any representation c financial position of the Urb enewal Area, or future 1 Renewal Area; the likelihoo at tax increments collect Section 403.19 from the Ur an Renewal Area will be su1 the Note, nor have any of em represented or warranted furnished to the Bank by y third party. ement, nor issue any additional ,al Area unless it has first obtained a ied public accountant folding that the cover 125% of principal and interest on the net revenuO have been of this AV6ement, and to purchase e as sha be agreed to in writing, at a ser t9gether with an opinion i ofAhlers & Cooney, P.C., follows: institutional investor, the Bank has ess matters, including the purchase i be able to evaluate the risks and Note. The Bank has not relied upon s financial advisor, attorneys or agents .. As a sophisticated investor the Bank on such information, inquiry and seated by its purchase of the Note. :tubers, employees, attorneys, City's warranty concerning the future siness conditions in the Urban I by the City pursuant to Iowa Code tient to pay principal and interest on le correctness of any materials 3. The B96k acknowledges it has, independen y and without reliance upon the City, its officers, Counci embers, employees, City's financialvisor, attorneys or agents, and based on the financial st ements and such other documents and i ormation as it deems appropriate, made its own credit analysis and decision to enter into this Agreement. The Bank also acknowledges that it will, independently and without relianck upon the above parties and based N on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement. 4. The Bank understands that the Note is payable solely and only from#e incremental taxes collected by the City pursuapt-to Iowa Code Section 403.19 with espeet to the Urban Renewal Area. The Bank pay the Note will depend upon the continual ld Urban Renewal Area by third parties, and may law governing the collection of taxes and the d. 403.19 for the Urban Renewal Area property to conditions for properties in the Urban Renewal City. that the sufficiency of said incre ntal taxes to y and payment of taxes against p operties in the )e affected by changes in the p visions of State Vision of revenue under Iowa ode Section ilclassifications and valuati s, financial kea, and other factors o side the control of the 5. The Bank acknowledgesthat no o eni'ng mng statement, rospectus, offering circular or other comprehensive offering statement contai aterial in rmation with respect to the City, the Urban Renewal Area or the Note, is bein4 provided b the City and that, in due diligence, the Bank has sought such advice as it ha deemed p6cessary and have made its own inquiry and analysis with respect to the City, the N to and the security therefor. 6. The Bank acknowledges that it obtai ed uch independent legal and financial information it deems adequate for a reasonable inve r in making investment decisions from knowledgeable individuals of its choosing concern the City, the Urban Renewal Area and the Note. 7. The Bank is acquiring the Not�,for its wn account, or for resale to other sophisticated investors. If the Bank sells or ptherwis4 disposes any or all of the Note, it will comply with all applicable state and all required disclosure. The Bank aj Note, such sale or transfer shall be 1 not be made, and no transfer and re€ form attached hereto as Exhibit A h; furnished to the Registrar and the Y, Investment Letter and this Aereeme Aer# laws, rule', regulations, including but not limited to :es:tltat should i sell or transfer all or any portion of the i�*d to Institutic al Investors. Such sale or transfer will tration will be pleted, until an Investment Letter in the been executed b such Institutional Investor, such letter is tsfer Agent for th Note, and the conditions of the are satisfied. 8. The Bank und9tstands that the Note (a) islr Act of 1933 and is not bein&/iegistered or otherwise qual: the "Blue Sky" laws and regulations of any other state, (b{ securities exchange, (c) voll carry no rating from any ratin marketable. No opino4relating to the registration of the the City. The Bank a0ees not to offer, sell or transfer the registration of the Note without having fust determined th necessitates or pror$pts the transfer to change of registrati Iowa Uniform Segtrrities Act or any other applicable law, of being registered under the Securities ied for sale under the laws of Iowa or will not be listed on any stock or other g service, and (d) will not be readily Mote will be issued by or on behalf of �ote or make any change in it the sale or transaction which q may be made without violating the ule or regulation. 9. The Bank acknowledges this transaction is exempt from SEC Rule 15c2-12 because the Bank is a sophisticated investor, any transfer is restricted to other sophisticated investors, and the Note will be in one or more denominations of $100,000 or more. Dated this day of 12016. Acceptei ATTEST: Marian Karr, Ci (SEAL) 01265995-1\10714120 4 Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, IA 50309 RE: Iowa City, Iowa - Loan Note, Series Ladies and Gentlemen: Exhibit "A" (Form of Investment Letter) 16E This letter is to provide you participation in the purchase of the Note, Series 2016E, in the aggregate ANote"), dated September 15, 2016, City of Iowa City, Iowa 410 E. Washington Street Iowa City, Iowa 52240 ,000 Taxable Urban Renewal Revenue Capital certain representations and agreements with respect to our 30,000 Taxable Urban Renewal Revenue Capital Loan ncipal amount of $3,000,000 referred to above (the ied by the City of Iowa..City, Iowa (the Alssuer@). The business of the undersigned i banking. As an institutional Investor, as hereinafter defined, the bank has sufficient knowledg and experience in financial and business matters, including the purchase and ownership of to 'cipal obligations, to be able to evaluate the risks and merits of the investment represented by its p chase ofthe Note. It is able to bear the economic risks represented by its purchase of the Note. The bank has made inquiry and analysis ith respect to the Issuer and other material factors affecting the credit of the Issuer and the i elihood of the payment of the Note. It acknowledges that it has been furnished with eopi of all legal documents pertaining to this issue. It further acknowledges that it has been offered ac s to all information relating to the financial data and business of the Issuer, as well as such othe information as the undersigned deems necessary or appropriate as a prudent and knowledge le investor in evaluating the purchase of the Note. Neither the Issuer nor its officers, Council mem 1 representation or warranty concerning the financial poli nor have any of them represented or warranted the correc by the Issuer in connection with its purchase of the Note. or its officers, Council members, or employees or agents such information. As a sophisticated investor, the bank Note based solely upon such information and its own inc The bank is Iowa) legislation, n securities, including transfer or distribut with the federal and state or employees or agents has made any or business condition of the Issuer, ss of any offering materials furnished he bank has not relied upon the Issuer to the accuracy or completeness of made its decision to purchase the and analysis. regulations, and case law pertaining t( t not limited to, disclosure obligations It acknowledges that the Note have r but not limited to the state of e transfer and distribution of the seller incident to any such )een registered under the City of Iowa City, Iowa $3,000,000 Taxable Urban Renewal Revenue Capital Loan Note, Series 2016E Page 2 securities laws of the United States or any state thereof, and hereby covenants and agrees that it will not sell, offer for sale, pledge, transfer, convey, hypothecate, mortgage, or dispose of the Note or any interest therein in violation of applicable federal or state law. The bank represents it is purchasi affiliate corporation) for Investment (and reselling the Note or dividing its interest determinable period of time or upon the ( or circumstance; but the undersigned resp convey, hypothecate, mortgage, or dispo subject to the provisions of the Note Pur( incorporated herein by reference. It has fee to any person or entity in connection not purchasing the Note pursuant to, any the Note. the Note for its own account (or related subsidiary or t on behalf of another) and has no present intention of rein, either currently or after passage of a fixed or urrence or nonoccurrence of any predetermined event es the right to sell, offer for sale, pledge, transfer, )f the Note at some fugice date determined by it, se Agreement whiclis attached hereto and t and will not pay any commission, compensation, or toits purchase of the Note and it is not aware of, and is of general socitation or advertising with respect to The bank agrees that it will not furnish on behalf of the Issuer and designated as confit third person information f imisbed to it by or except as permitted and provided in the Note. This letter shall be binding upon the upd�rsigned and its successors and assigns. Very Truly Yours, City of Iowa City MEMORANDUM Date: August 10, 2016 To: City Council From: Eleanor M. Dilkes, City Att,RSne)�(/e Marian Karr, City Clerk Re: Proposed Amendment to City Charter On August 8 a petition containing 751 signatures was filed with the City Clerk proposing an amendment to Section 7.03(A) of the City Charter to change the number of signatures required for a valid initiative or referendum petition under the City Charter from eligible electors (residents of Iowa City) equal in number to at least twenty-five percent (25%) of the number of persons who voted at the last regular city election, but not less than three thousand six hundred (3610), to eligible electors equal in number to at least ten percent (10%) of the number of persons who voted at the last regular city election, but not less than ten (10) Pursuant to Iowa Code Section 372.11, the language of which is also found at Section 8.01 of the City Charter, amendments to the City's Charter can be proposed by a petition that is valid pursuant to Section 362.4 of the Iowa Code. Section 362.4 provides that the petition "is valid if signed by eligible electors of the city equal in number to ten percent of the persons who voted at the last preceding city election, but not less than ten persons". The petition must include "the signatures of the petitioners, a statement of their place of residence, and the date on which they signed the petition." "If the petition appears valid on its face it shall be accepted for filing." The number of persons who voted at the last city election was 6,865, such that the petition requirement for a charter amendment is 686 signatures. After examining the petition on its face the City Clerk determined that it includes the dated signatures of more than 686 persons with an address within the city limits, and therefore, the petition was accepted by the Clerk for filing. After acceptance by the Clerk there is a five (working) day period within which written objections may be filed with the Clerk. Objections must be received in the Office of the City Clerk by Monday, August 15 at 5:00 p.m. and may relate only to whether the petition contains the requisite number of signatures of eligible electors [residents of Iowa City], including their place of residence and the date on which they signed. Objections may not relate to the subject matter of the proposed amendment. If objections are filed the objection process in Iowa Code Section 44.8 is followed — hearing set for consideration by the Mayor, City Clerk and one member of the Council chosen by Council ballot; a majority decision is final. If no objections are filed, or if filed objections are rejected by the committee, the Council must forward the proposed amendment to the voters. A resolution directing and authorizing the Council Auditor to place the proposed amendment on the November 8, 2016 ballot has been placed on Council's agenda for August 16, 2016. Cc: Geoff Fruin, City Manager City of Iowa City M E M O RA N D U Me Handouts Distribute. s k t SWb Date: August 15, 2016 (Date) To: City Council From: Eleanor M. Dilkes, City Attorne Re: Council Action on Petition Prop sing to Amend the Charter to Decrease Number of Signatures on Initiative and Referendum Petitions Question After a valid petition proposing to amend the Charter has been filed may the petition be withdrawn by the persons who led the effort to allow Council to adopt the proposed amendment by ordinance and avoid the election. Answer No. Once a valid petition has been filed proposing an amendment to the Charter the Council must place the proposal before the voters at a special city election. Discussion Section 372.11 of the state code and section 8.01 of the City Charter allow the Charter to be amended by "one of the following methods": 1. The council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective when approved by a majority of those voting. 2. The council, by ordinance, may amend the charter. However, within thirty (30) days of publication of the ordinance, if a petition valid under the provisions of section 362.4 of the code of Iowa is filed with the council, the council must submit the amending ordinance to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting. 3. If a petition valid under the provisions of section 362.4 of the code of Iowa is filed with the council proposing an amendment to the charter, the council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting. (emphasis added) Method #3 is what we have here - a resident petition proposing an amendment. Once a valid petition is filed proposing an amendment, the Council "must" submit the proposal to the voters at a special election. "Must" is mandatory. Section 4.1 of the state code ("Construction of statutes") provides certain rules for the construction of state statutes. "Unless otherwise specifically provided by the general assembly..... the word 'must' states a requirement." Iowa Code Section 4.1(30). August 15, 2016 Page 2 There is no mechanism for withdrawal of the petition by the persons who led the effort to collect the signatures. The "petitioners" are the 700 plus people who signed the petition. 362.4 of the Iowa Code states: The petition shall include the signatures of the petitioners, a statement of their place of residence, and the date on which they signed the petition. (emphasis added) It is important to distinguish between the charter amendment process and the initiative and referendum process. While they both involve "petitions" with signatures of Iowa City residents, the procedure is different for initiative and referendum petitions under Article 7 of the City Charter than it is for petitions to amend the Charter under Article 8. Charter amendments are governed by state law. Initiative and referendum petitions are purely a creature of City law. With initiative and referendum the "petitioners" are the one or more qualified electors (registered voters) who file the initial affidavit to commence the process. Section 7.02(A) of the Charter states: Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will supervise the circulation of the petition and will be responsible for filing it in proper form, stating their names and addresses and specifying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative measure or citing the measure sought to be reconsidered. In addition, after an initiative or referendum petition is determined valid, the Council has the option of adopting the proposed measure and avoiding an election by doing so. City Charter, Section 7.05. This is not an option after the filing of a valid petition proposing a charter amendment. Please contact me if you have questions. Cc: Geoff Fruin, City Manager Marian Karr, City Clerk CITY O F IOWA CITY MEMORANDUM Date: August 16, 2016 To: Mayor and City Council Members From: Marian K. Karr, City Clerk Re: Election Costs -fe� ;7 Late Handouts Distributed (Date) On August 3, 1 requested an estimate from the Johnson County Auditor / Elections Office for a ballot question to be added to the 2016 presidential election ballot. An estimate was provided between $60,000 -$70,000. This represented 50% of the costs associated with the election in the 24 Iowa City precincts that would feature the ballot question. This was a rough estimate based on current anticipated turnout, early voting locations, etc. to be. At that time the County stated that "we may revisit our current policy regarding division of costs for shared election such as this". After further discussion with the office I received word today that they have "decided to adjust our policy by including a cap. The new policy will continue to split the costs equally between the county and the city for that city's precincts, however, the amount assessed to the city will not exceed the costs billed for the last regular city election. This would be effective with the upcoming general election. For Iowa City, that would mean the maximum amount we would bill back to the city would be $31,043.16 for a public measure on the November 8, 2016 ballot." I Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-256 RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE A PROPOSED AMENDMENT TO THE CITY'S HOME RULE CHARTER TO AMEND SECTION 7.03(A)(NUMBER OF SIGNATURES) OF ARTICLE VII (INITIATIVE AND REFERENDUM) TO CHANGE THE NUMBER OF SIGNATURES REQUIRED ON INITIATIVE AND REFERENDUM PETITIONS BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT A SPECIAL CITY ELECTION ON NOVEMBER 8, 2016. WHEREAS, a petition pursuant to Article VIII of the Home Rule Charter of Iowa City and section 372.11 of the Code of Iowa proposing to amend the City's Home Rule Charter to amend Section 7.03(A) to change the number of signatures required on initiative and referendum petitions from eligible electors equal in number to at least twenty-five percent (25%) of the number of persons who voted at the last regular city election, but not less than three thousand six hundred (3,600), to eligible electors equal in number to at least ten percent (10%) of the number of persons who voted at the last regular city election, but not less than ten (10); and, WHEREAS, said petition is valid under the provisions of Section 362.4 of the Iowa Code, and therefore, the Council must submit the proposed amendment to the voters at a special city election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the next regular city election on November 8, 2016 Shall the following public measure be adopted? Yes No AMENDMENT. Section 7.03(A) of Article VII (Initiative and Referendum) of the Iowa City Charter shall be amended to comply with Iowa Code § 362.4 as follows (underline denotes additions; stdkethFeugh denotes deletions): Section 7.03. Petitions; Revocation of Signatures. A. Number of Signatures. Initiative and referendum petitions must be signed by eligible electors equal in number to at least twenty five pFesent (26%) ten percent of the number of persons who voted in the last regular city election, but such signatures of eligible electors shall be no fewer than three theusand sixhdaa ten. Passed and approved this 16th day of August .. 2016 MAWOR ,/ Ap roved b ATTEST: AdjzeacJ e. 8 CITY-61LERK City Attorney's Office Resolution No. 16-256 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton the Utl-'I b=10 9 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 16-257 RESOLUTION ADOPTING A PUBLISHERS' BOX MAINTENANCE CODE PERMIT POLICY WHEREAS, City Council passed Ordinance No. 16-4673 that requires a publishers' box maintenance code permit policy be adopted by resolution; and WHEREAS, the attached policy should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA THAT: The attached Publishers' Box Maintenance Code Permit Policy is adopted. Passed and approved this 16th day of August , 2016. -MAVOR ATTEST: 1/lam e - 7Uai11/ CITY CtERK Approved by Ls�tU-�C City Attorney's Office Resolution No. Page 2 16-257 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton PUBLISHERS' BOX MAINTENANCE CODE PERMIT POLICY (Adopted in Res. 16-257) Definitions Person means any natural person, corporation, association or other entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, or any other legal entity. Publishers' Box means any machine or other enclosed box used for distributing newspapers or other printed material while offering or displaying the material for sale or free distribution and capable of operation by pedestrians without the assistance of an attendant. Permit Required No person shall place or maintain any publishers' box on public right of way or on City Plaza without first obtaining a permit. Application An application for a permit shall be filed with the Public Works Dept. on a form provided by the City. Issuance The Public Works Director or designee shall issue a revocable permit to maintain a publishers' box after: a. receipt of a completed application that includes the name of the publisher, the name of the publication, and a mailing address for the publication; and b. the applicant provides a telephone number and electronic mail address at which a contact person can be reached; and c. the applicant provides assurance that it shall comply with all conditions of the City ordinances and the permit system. Duration Regardless of when the permit is issued, the permit shall expire on the following September 30. Notwithstanding any other provision, any permit issued prior to September 30, 2016 will expire on September 30, 2017. The City will provide a notice of renewal via electronic mail. Conditions of Permit/Maintenance Requirements The maintenance conditions of the permit are: a. The box shall be marked with the name of the publisher and/or publication. b. The box shall be maintained in good working order at all times including no broken or missing parts. c. If the box is malfunctioning, vandalized or otherwise damaged, it shall be repaired within 7 calendar days of City notification of any such damage. d. The box shall be kept clean and free of graffiti and refuse, pasted handbills, and debris of any description, including ruined or out -dated publications (defined as any publication with a cover date more than 45 days past). e. The box shall be placed or maintained no closer than three feet from a fire hydrant. f. The box shall be placed or maintained no closer than 15 feet of a crosswalk as defined in Section 9-1-1 of the City Code. g. The box shall be placed or maintained in a manner that allows at least 5 feet of unobstructed walkway. h. The box shall not be locked or affixed to a pole, bicycle rack, bench, or any other public amenity. i. Except for the name or branding of the publication, the box shall not contain any third -party advertising or any display of the type and name of a product, good or service of a third -party. Assignment The sale or assignment of a publishers' box permit is expressly prohibited unless approved in writing by the Public Works Director or designee. Revocation and Suspension If the Public Works Director or designee finds that a city ordinance, state law, federal law, or a provision of the "Publishers' Maintenance Code Permit Policy" has been violated, any permit may be revoked or suspended. The Public Works Director or designee shall notify the permit holder of the violation by notifying the permit holder of the violation, in writing, at the physical and electronic addresses listed on permit application. The notice of violation shall state the following: a. The City's intent to revoke or suspend the publishers' box permit. b. A description and a photograph of the reason for the revocation or suspension with reference to the applicable City ordinance, state law, federal law, or permit provision. c. Actions that must be taken by the permit holder to remedy the violation. d. The place and time of a hearing at which the permit holder will be given the opportunity to present a written or oral statement to the City Manager or designee if the permit holder believes that there are not grounds for revocation or suspension. The City Manager or designee will provide the permit holder with a written decision if the permit holder presents written or oral statements. e. A statement that the publishers' box will be promptly removed by the City without further notice to the permit holder if the permit is revoked or suspended. Removal If the publishers' box permit is revoked or suspended, the City may remove the publishers' box without further notice to the permit holder. If the publishers' box is removed, the City shall store it for 30 days. If the permit holder does not claim the publishers' box within 30 days of its removal, it will be considered abandoned, and the City may dispose of it.