CITY OF DAVENPORT - LEGALS - Ad from 2021-02-18

interest payment date. Section 11. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. Section 12. The City has heretofore determined that certain revenues from special funds shall be available for retirement of that portion of the Series 2021A Bonds utilized to defray the costs of certain projects related to such funds. Therefore, such funds may be employed and used to the extent available from year to year for the payment of that portion of the principal of and interest on the Series 2021A Bonds which is applicable to that portion of the total Series 2021A Bond issue applicable to such fund. Each year while any of said Series 2021A Bonds remain outstanding and unpaid, such of said available funds in amounts sufficient to meet the interest on that portion of the Series 2021A Bonds applicable to such fund and to pay the principal becoming due on such portion of the Series 2021A Bonds during each year may be used for that purpose, in accordance with the Series 2021A Bond Financing Plan on file with the CFO/Assistant City Administrator, and in that event, the tax hereinbefore provided for the payment of such interest and principal may be reduced by the amount so used. The Deputy City Clerk is hereby authorized and directed to certify to the County Auditor of Scott County as to the remission or reduction of said ad valorem tax so that said tax, to the extent such fund is actually available and set aside for such purpose, shall not be extended or entered upon the tax rolls for collection. It is hereby declared to be the purpose and intent of the City to issue the Series 2021A Bonds hereby authorized as general municipal obligations, but at the same time permitting the use of such funds for the payment of the principal and interest of that portion of the Series 2021A Bonds issued with respect to such funds. Section 13. All funds held in any fund or account created or required to be maintained under the terms of this ordinance shall be deposited in lawful depositories of the City or invested in accordance with Chapters 12B and 12C of the Code of Iowa and continuously held and secured as provided by the laws of the State of Iowa relating to the depositing, securing, holding and investing of public funds, or as may be otherwise required to comply with the rebate provisions of the Internal Revenue Code. All interest received by the City as a result of investments under this section in excess of the amount, if any, required to be paid to the United States Government in order to comply with the rebate provisions of the Internal Revenue Code, shall be deposited into or transferred to the Debt Service Fund subaccount referred to herein and used solely and only for the purpose of paying principal of and/or interest on the Series 2021A Bonds. The City hereby covenants and agrees that no such investment shall ever be made so as to cause the interest on the Series 2021A Bonds to become taxable as “arbitrage bonds” pursuant to the provisions of Section 148 of the Internal Revenue Code. Section 14. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for such securities, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the holders of such securities to provide certain disclosure information to prescribed information repositories on a continuing basis so long as such securities are outstanding. On the date of issuance and delivery of the Series 2021A Bonds, the City will execute and deliver a Continuing Disclosure Certificate pursuant to which the City will undertake to comply with the Rule. The City covenants and agrees that it will comply with and carry out the provisions of the Continuing Disclosure Certificate. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the Rule and the Continuing Disclosure Certificate. Section 15. It is the intention of the City that interest on the Series 2021A Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the “Internal Revenue Code”). In furtherance thereof the City covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Series 2021A Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained. Section 16. All ordinances or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Adopted 2/10/2021: Mike Matson, Mayor; Attest: Brian Krup, Deputy City Clerk XI. Approval of All Items on the Consent Agenda On motion by Alderman Ambrose, second by Alderwoman Meginnis with all Aldermen voting aye with the exceptions of Alderman Dohrmann abstaining from item #13, Alderman Jobgen abstaining from item #24, and Alderman Ambrose voting nay to item #24, the Consent Agenda was approved as follows: 1. Second Consideration: Ordinance amending Chapter 15.44 entitled “Flood Damage Prevention” of the Davenport Municipal Code to adopt the new Flood Insurance Study and flood maps, and to align the Ordinance with Iowa Department of Natural Resources and FEMA standards and regulations. [All Wards] MOVED TO THIRD CONSIDERATION 2. First Consideration: Ordinance for Case REZ20-08 being the request of MCC Iowa LLC on behalf of MM Development LLC to rezone 5000 Grand Avenue from R-MF Multi-Family Residential District to I-1 Light Industrial District to allow for construction of a communications building to house and operate electronics and fiber optic cables. [Ward 7] MOVED TO SECOND CONSIDERATION 3. First Consideration: Ordinance amending Chapter 12.72 entitled “Conduct in Parks” to add a new Section 12.72.095 that prohibits the use of tobacco and nicotine products in the parks and park facilities. [All Wards] MOVED TO SECOND CONSIDERATION 4. First Consideration: Ordinance amending Schedule XI of Chapter 10.96 entitled “Resident Parking Only” by adding Sturdevant Street along the west side from the alley north of 12th Street to 13th Street. [Ward 4] MOVED TO SECOND CONSIDERATION 5. Resolution authorizing the conveyance of the vacated public right-ofway known as an east-west alley lying south of the 1900 block of West 15th Street between Wilkes Avenue and Pacific Street (City of Davenport, petitioner). [Ward 4] ADOPTED 2021-54 6. Resolution approving the plans, specifications, form of contract, and estimate of cost for the Harrison Street Reconstruction (Northbrook Drive to 5003 Harrison Street) project, CIP #35047. [Ward 7] ADOPTED 2021-55 7. Resolution approving the plans, specifications, form of contract, and estimate of cost for the West 43rd Street Reconstruction (Michigan Avenue to Elsie Avenue) project, CIP #35047. [Ward 2] ADOPTED 2021-56 8. Resolution approving the plans, specifications, form of contract, and estimate of cost for the Sheffield Drive Reconstruction project, CIP #35047. [Ward 2] ADOPTED 2021-57 9. Resolution approving the plans, specifications, form of contract, and estimate of cost for the Heatherton Drive Reconstruction project, CIP #35047. [Ward 2] ADOPTED 2021-58 10. Resolution approving the plans, specifications, form of contract, and estimate of cost for the East 38th Street Reconstruction (Spring Street to Belle Avenue) project, CIP #35047. [Ward 6] ADOPTED 2021-59 11. Resolution approving the plans, specifications, form of contract, and estimate of cost for the West 53rd Street Patching project, CIP #35046. [Wards 7 & 8] ADOPTED 2021-60 12. Resolution approving the plans, specifications, form of contract, and estimate of cost for the Water Pollution Control Plant Gray Water Conversion project, CIP #39005. [Ward 1] ADOPTED 2021-61 13. Resolution approving the purchase of a John Deere 744L endloader for the Compost Facility from Martin Equipment of Rock Island, Illinois in the amount of $361,160 using Sourcewell contract #032119-JDC. [All Wards] ADOPTED 2021-62 14. Resolution adopting the Iowa Statewide Urban Design Standards for Public Improvements, Iowa Statewide Urban Standard Specifications for Public Improvements, and the City of Davenport Supplemental Specifications manuals. [All Wards] ADOPTED 2021-63 15. Resolution assessing the cost of boarding up building at various lots and tracts of real estate. [All Wards] ADOPTED 2021-64 16. Resolution assessing the cost of brush and debris removal at various lots and tracts of real estate. [All Wards] ADOPTED 2021-65 17. Resolution assessing the cost of condemned property demolition at various lots and tracts of real estate. [All Wards] ADOPTED 2021-66 18. Resolution assessing the cost of sidewalk repair at various lots and tracts of real estate. [All Wards] ADOPTED 2021-67 19. Resolution assessing the cost of snow removal from sidewalks at various lots and tracts of real estate. [All Wards] ADOPTED 2021-68 20. Resolution assessing the cost of tree removal at various lots and tracts of real estate. [All Wards] ADOPTED 2021-69 21. Resolution assessing the cost of weed cutting at various lots and tracts of real estate. [All Wards] ADOPTED 2021-70 22. Resolution approving the FY 2022 Maximum Property Tax Dollars. [All Wards] ADOPTED 2021-71 23. Resolution approving the purchase of a mobile precinct unit from LDV, Inc of Burlington, Wisconsin in the amount of $258,545, CIP #24025. [All Wards] ADOPTED 2021-72 24. Resolution opposing Senate File 159 (SF159), the proposed omnibus education bill, which includes the creation of a private school voucher program and elimination of voluntary diversity plans in Iowa. [All Wards] ADOPTED 2021-73 25. Motion approving beer and liquor license applications. PASSED 2021-74 A. Annual license renewals (with outdoor area as noted): Ward 1 Hy-Vee #1 (Hy-Vee, Inc) - 3019 Rockingham Rd - License Type: Class E Liquor - Carry Out Sub Express & Gas (Keya Food Mart Inc) - 4307 W Locust St – License Type: Class E Liquor - Carry Out Ward 2 California Pho (Binh Van Nguyen) - 3559 W Kimberly Rd, Ste 4, 5, & 6 - License Type: Beer/Wine - On Premise Ward 3 Boozies Bar And Grill (BZE Holdings, Inc) - 114 1/2 W 3rd St License Type: Class C Liquor - On Premise Kcbrothers (Kc 2 Brothers, Inc) - 214 Myrtle St - License Type: Class E Liquor - Carry Out Lopiez Pizza (Lopez Curse, Llc) - 429 E 3rd St, Ste 1 - License Type: Class C Liquor - On Premise Sam’s Food (Sam Food Llc) - 648 N Marquette St - License Type: Class E Liquor - Carry Out Ward 5 Stadium Club (SIS Inc) - 2828 Brady St - License Type: Class C Liquor – On Premise Ward 8 GD Xpress (Ram II LLC) - 4607 N Pine St - License Type: Class E Liquor - Carry Out XII. Other Ordinances, Resolutions and Motions XIII. Public with Business XIV. Reports of City Officials XV. Adjourn 6:01 p.m. Brian J. Krup Deputy City Clerk PO # 2021/2107378