Committee of the Whole — Davenport, IA
Date: 2025-12-03
Time: 17:30

COMMITTEE OF THE WHOLE MEETING

 CITY OF DAVENPORT, IOWA

 Wednesday, December 3, 2025; 5:30 PM

 City Hall | 226 West 4th Street | Council Chambers

 *REVISED DECEMBER 1, 2025*

I. Moment of Silence

II. Pledge of Allegiance

III. Roll Call

IV. Meeting Protocol and Decorum

V. City Administrator Update

VI. Public Hearings

 A. Finance

 1. Public Hearing on the proposed conveyance of City-owned property located at
 2301 East 11th Street to the Davenport Fire Antique and Restoration Society,
 Petitioner. [Ward 5]

VII. Petitions and Communications from Council Members and the Mayor

VIII. Action items for Discussion

 COMMUNITY DEVELOPMENT
Kyle Gripp, Chair; Paul Reinartz, Vice Chair

IX. COMMUNITY DEVELOPMENT

 1. Third Consideration: Ordinance for Case ORD25-02 being the request of the City of
 Davenport to amend Title 17 entitled "Zoning" of the Municipal Code of Davenport,
 Iowa regarding solar farms as a principal use and freestanding solar panels as an
 accessory use. [All Wards]

 2. Second Consideration: Ordinance for Case ORD25-03 being the request of Leverage
 Holdings LLC to amend Chapter 17.08 entitled "Uses" of the Municipal Code of
 Davenport, Iowa to allow wholesale establishment as a permitted use in the C-3
 zoning district and add principal use standards for wholesale establishment. [All
 Wards]

 3. Resolution of support for the submission of an application to the State of Iowa High
 Quality Jobs program through a partial property tax exemption for improvements to a
 manufacturing facility, Electro Freeze, H.C. Duke and Sons, LLC, Petitioner. [Ward 8]

X. Motion recommending discussion or consent for Community Development items

 PUBLIC SAFETY
Ben Jobgen, Chair; Tim Dunn, Vice Chair

XI. PUBLIC SAFETY

 1. First Consideration: Ordinance amending Schedule V Four-Way Stop Intersections of
 Chapter 10.96 entitled “Schedules” of the Municipal Code of Davenport, Iowa by
 adding East 3rd Street at LeClaire Street. [Ward 3]

 2. First Consideration: Ordinance amending Schedule VI Speed Limits of Chapter 10.96
 entitled “Schedules” of the Municipal Code of Davenport, Iowa by adding West 83rd
 Street from Northwest Boulevard to its western terminus as a 30-mph speed zone.
 [Ward 2]

 3. Motion approving beer and liquor license applications.

 A. Annual license renewals (with outdoor area as noted):

 Ward 3

 Hotel Blackhawk (Innkeeper Hospitality Services, LLC) — 200 East 3rd Street -
 License Type: Class C Liquor (On-Premises)

 Ward 6

 Steel Plow Burger (Steel Plow Burger II, LLC) — 1430 East 52nd Street #3 - Outdoor
 Area - License Type: Class C Liquor (On-Premises)

 Hy-Vee Food & Drugstore #3 (Hy-Vee, Inc) — 1823 East Kimberly Road - License
 Type: Class E Liquor (Carry-Out)

XII. Motion recommending discussion or consent for Public Safety items

 PUBLIC WORKS
Rick Dunn, Chair; Tim Kelly, Vice Chair

XIII. PUBLIC WORKS

 1. Resolution accepting work completed under the East Locust Street (Grand Avenue to
 Eastern Avenue) Rehabilitation project by Hawkeye Paving Corporation of Davenport,
 Iowa in the amount of $1,370,465.21, CIP #35061. [Ward 5]

 2. Resolution accepting work completed under the Emeis Park Phase II | Adaptive and
 Inclusive Playground project by Hawkeye Paving Corporation of Davenport, Iowa in
 the amount of $677,694.27, CIP #ARP10. [Ward 1]

3. Resolution accepting work completed under the Bus Barn Charging project by Rock
 River Electric, Inc of Colona, Illinois in the amount of $385,802, CIP #24035. [Ward
 7]

4. Resolution accepting work completed under the Ridgeview Drive (Cedar Street to
 Pacific Street) Reconstruction project by Five Cities Construction Company of Coal
 Valley, Illinois in the amount of $376,605.67, CIP #35061. [Ward 8]

5. Resolution accepting work completed under the 2025 Sidewalk and ADA Ramp
 Program by Kelly Construction of Davenport, Iowa in the amount of $349,897.54, CIP
 #28024 & 28028. [Wards 1, 2, 4, 5, 6, 7, & 8]

6. Resolution accepting work completed under the 2025 Sidewalk and ADA Ramp Repair
 Program by Leveraged Services, LLC of Bettendorf, Iowa in the amount of
 $240,788.27, CIP #28024 & #28028. [Wards 3, 4, 5, & 6]

7. Resolution accepting work completed under the Dubuque Street (East 29th Street to
 East 32nd Street) Mill and Overlay project by Taylor Ridge Paving & Construction of
 Andalusia, Illinois in the amount of $218,328.88, CIP #35062. [Ward 7]

8. Resolution accepting work completed under the West Lombard Court Reconstruction
 project by Ihrig Works, LLC of Long Grove, Iowa in the amount of $217,984.90, CIP
 #35062. [Ward 1]

9. Resolution accepting work completed under the CY 2025 Pedestrian Curb Ramp
 Retrofit Program by Leveraged Services, LLC of Bettendorf, Iowa in the amount of
 $166,391, CIP #35066. [All Wards]

10. Resolution awarding a contract for the Occupational Health and Wellness Clinic
 project to Bush Construction Company, Inc of Davenport, Iowa in the amount of
 $738,680, CIP #60042. [Ward 7]

11. Resolution awarding a contract for engineering services for the PROTECT | Mound
 and River Drive Flood Mitigation project to HR Green, Inc of Cedar Rapids, Iowa for
 an amount not to exceed $251,872.07, subject to Iowa Department of Transportation
 concurrence, CIP #68025. [Ward 5]

12. Resolutions approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for a temporary construction easement
 associated with the PROTECT | 2nd and Gaines Flood Mitigation project, CIP #35067.
 [Ward 3]

13. Resolution approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for rights-of-way and easements
 associated with the PROTECT | Marquette and 2nd Flood Mitigation project, CIP
 #68025. [Ward 4]
 14. Resolution approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for rights-of-way and easements
 associated with the PROTECT | 3rd and LeClaire project, CIP #35067. [Ward 3]

 15. Resolution approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for rights-of-way and easements
 associated with the Eastern Avenue Over Goose Creek Bridge Replacement project,
 CIP #21012. [Wards 6 & 7]

 16. Resolutions approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for temporary construction easements
 associated with the West Central Park (Fairmount Street to Lincoln Avenue)
 Reconstruction project, CIP #35064. [Wards 2 & 4]

 17. Preliminary Resolution for the 2026 Alley Cost Share Program. [Wards 4 & 5]

 18. Resolution setting a Public Hearing on establishing a public utility easement on City-
 owned property located east of Eastern Avenue and north of East 29th Street (Parcel
 D0001-02A). [Ward 7]

XIV. Motion recommending discussion or consent for Public Works items

 FINANCE
Jazmin Newton, Chair; Mhisho Lynch, Vice Chair

XV. FINANCE

 1. Third Consideration: Ordinance amending Chapter 6.04 entitled “Animals” of the
 Municipal Code of Davenport, Iowa to incorporate community cat recommendations
 from the joint task force between the Humane Society of Scott County and the City of
 Davenport. [All Wards]

 2. Third Consideration: Ordinance amending Chapter 12.72 entitled "Conduct in Public
 Parks" of the Municipal Code of Davenport, Iowa to update language and
 requirements outlined in Iowa State Code Chapter 724.28. [All Wards]

 3. Resolution authorizing the conveyance of City-owned property located at 2301 East
 11th Street to the Davenport Fire Antique and Restoration Society, Petitioner. [Ward
 5]

 4. Resolution awarding a five-year contract for employee benefit brokerage consulting
 services to AssuredPartners of Davenport, Iowa for an amount not to exceed $60,000
 annually. [All Wards]

 5. Resolution ratifying the Behavioral Health Services Agreement with the Iowa Primary
 Care Association (Iowa PCA) to provide funding for a Crisis Intervention Officer. [All
 Wards]

 6. Resolution approving a one-year Co-Responder Services Agreement, with one
 optional one-year renewal, with Vera French Community Health Center in an amount
 not to exceed $200,000. [All Wards]

 7. Resolution approving the Small Community-Oriented Renewal and Enhancement
 (SCORE) Program and authorizing the City Administrator to administer and execute
 program purchases. [All Wards]

 8. Resolution approving the Agreement and Release from the Estate of James W. Victor.
 [All Wards]

 9. Resolution approving the reallocation of a portion of the local sales and service tax
 revenue designated for capital improvements to Parks Operations. [All Wards]

 10. Resolution of agreement and support for Hot Glass, Inc's fundraising efforts for a
 public art display at Main Street Landing. [Ward 3]

 11. Motion approving Change Order #1 in the amount of $81,000 to Naviant of Verona,
 Wisconsin for the Managed Services Agreement for OnBase support and maintenance.
 [All Wards]

 12. Motion approving a contract with The Salvation Army in the amount of $50,000 to
 support its housing and homelessness initiatives in Davenport. [Ward 5]

 13. Motion approving a contract with Project Renewal in the amount of $50,000 to
 support the second phase of their Youth Program Expansion and Renovation project.
 [Ward 3]

 14. Motion approving the purchase of 140 ballistic helmets and chin straps from Team
 Wendy of Cleveland, Ohio in the amount of $89,896.08, CIP #63026. [All Wards]

XVI. Motion recommending discussion or consent for Finance items

XVII. PURCHASE ORDERS OF $10,000 TO $50,000 ENTERED NOVEMBER 1-15, 2025 (For
 Information Only)


 1. Iowa-Illinois Taylor Insulation Inc | Fire Station 6 duct insulation | Amount:
 $10,727.19
 2. Lange Sign Group Inc | replace damaged sign face at Modern Woodmen Park |
 Amount: $11,284
 3. Superior Seawalls, Inc | boathouse winter docking & storage | Amount: $14,750
 4. Willett, Hofmann & Associates, Inc | Rockingham Road engineering services |
 Amount: $17,467.65
 5. CDB Utility Contractors Inc | Annie Wittenmyer fiber repair, removal, and
 installation | Amount: $19,903
 6. Envisage Technologies LLC | Vector LMC membership | Amount: $33,695
 7. Northwest Carpet One Inc | floor installation at Freight House Suite 6 | amount:
 $44,158.10
 8. Dinges Partners Group LLC | Fire turnout gear | Amount: $46,145


XVIII. Other Ordinances, Resolutions and Motions

XIX. Public with Business

PLEASE NOTE: At this time individuals may address the City Council on any matters of City
business not appearing on this agenda. This is not an opportunity to discuss issues with the
Council members or get information. In accordance with Open Meetings law, the Council
cannot take action on any complaint or suggestions tonight.

Please state your name and ward for the record. There is a five (5) minute time limit. Please
end your comments promptly.


XX. Final Comments from Council Members and the Mayor

XXI. Executive Session

 1. To evaluate the performance of an individual in closed session as requested by that
 individual pursuant to Iowa Code Section 21.5(1)(i).

XXII. Adjourn

COMMITTEE OF THE WHOLE MEETING

 CITY OF DAVENPORT, IOWA

 Wednesday, December 3, 2025; 5:30 PM

 City Hall | 226 West 4th Street | Council Chambers

 *REVISED DECEMBER 1, 2025*

I. Moment of Silence

II. Pledge of Allegiance

III. Roll Call

IV. Meeting Protocol and Decorum

V. City Administrator Update

VI. Public Hearings

 A. Finance

 1. Public Hearing on the proposed conveyance of City-owned property located at
 2301 East 11th Street to the Davenport Fire Antique and Restoration Society,
 Petitioner. [Ward 5]

VII. Petitions and Communications from Council Members and the Mayor

VIII. Action items for Discussion

 COMMUNITY DEVELOPMENT
Kyle Gripp, Chair; Paul Reinartz, Vice Chair

IX. COMMUNITY DEVELOPMENT

 1. Third Consideration: Ordinance for Case ORD25-02 being the request of the City of
 Davenport to amend Title 17 entitled "Zoning" of the Municipal Code of Davenport,
 Iowa regarding solar farms as a principal use and freestanding solar panels as an
 accessory use. [All Wards]

 2. Second Consideration: Ordinance for Case ORD25-03 being the request of Leverage
 Holdings LLC to amend Chapter 17.08 entitled "Uses" of the Municipal Code of
 Davenport, Iowa to allow wholesale establishment as a permitted use in the C-3
 zoning district and add principal use standards for wholesale establishment. [All
 Wards]

 3. Resolution of support for the submission of an application to the State of Iowa High
 Quality Jobs program through a partial property tax exemption for improvements to a
 manufacturing facility, Electro Freeze, H.C. Duke and Sons, LLC, Petitioner. [Ward 8]

X. Motion recommending discussion or consent for Community Development items

 PUBLIC SAFETY
Ben Jobgen, Chair; Tim Dunn, Vice Chair

XI. PUBLIC SAFETY

 1. First Consideration: Ordinance amending Schedule V Four-Way Stop Intersections of
 Chapter 10.96 entitled “Schedules” of the Municipal Code of Davenport, Iowa by
 adding East 3rd Street at LeClaire Street. [Ward 3]

 2. First Consideration: Ordinance amending Schedule VI Speed Limits of Chapter 10.96
 entitled “Schedules” of the Municipal Code of Davenport, Iowa by adding West 83rd
 Street from Northwest Boulevard to its western terminus as a 30-mph speed zone.
 [Ward 2]

 3. Motion approving beer and liquor license applications.

 A. Annual license renewals (with outdoor area as noted):

 Ward 3

 Hotel Blackhawk (Innkeeper Hospitality Services, LLC) — 200 East 3rd Street -
 License Type: Class C Liquor (On-Premises)

 Ward 6

 Steel Plow Burger (Steel Plow Burger II, LLC) — 1430 East 52nd Street #3 - Outdoor
 Area - License Type: Class C Liquor (On-Premises)

 Hy-Vee Food & Drugstore #3 (Hy-Vee, Inc) — 1823 East Kimberly Road - License
 Type: Class E Liquor (Carry-Out)

XII. Motion recommending discussion or consent for Public Safety items

 PUBLIC WORKS
Rick Dunn, Chair; Tim Kelly, Vice Chair

XIII. PUBLIC WORKS

 1. Resolution accepting work completed under the East Locust Street (Grand Avenue to
 Eastern Avenue) Rehabilitation project by Hawkeye Paving Corporation of Davenport,
 Iowa in the amount of $1,370,465.21, CIP #35061. [Ward 5]

 2. Resolution accepting work completed under the Emeis Park Phase II | Adaptive and
 Inclusive Playground project by Hawkeye Paving Corporation of Davenport, Iowa in
 the amount of $677,694.27, CIP #ARP10. [Ward 1]

3. Resolution accepting work completed under the Bus Barn Charging project by Rock
 River Electric, Inc of Colona, Illinois in the amount of $385,802, CIP #24035. [Ward
 7]

4. Resolution accepting work completed under the Ridgeview Drive (Cedar Street to
 Pacific Street) Reconstruction project by Five Cities Construction Company of Coal
 Valley, Illinois in the amount of $376,605.67, CIP #35061. [Ward 8]

5. Resolution accepting work completed under the 2025 Sidewalk and ADA Ramp
 Program by Kelly Construction of Davenport, Iowa in the amount of $349,897.54, CIP
 #28024 & 28028. [Wards 1, 2, 4, 5, 6, 7, & 8]

6. Resolution accepting work completed under the 2025 Sidewalk and ADA Ramp Repair
 Program by Leveraged Services, LLC of Bettendorf, Iowa in the amount of
 $240,788.27, CIP #28024 & #28028. [Wards 3, 4, 5, & 6]

7. Resolution accepting work completed under the Dubuque Street (East 29th Street to
 East 32nd Street) Mill and Overlay project by Taylor Ridge Paving & Construction of
 Andalusia, Illinois in the amount of $218,328.88, CIP #35062. [Ward 7]

8. Resolution accepting work completed under the West Lombard Court Reconstruction
 project by Ihrig Works, LLC of Long Grove, Iowa in the amount of $217,984.90, CIP
 #35062. [Ward 1]

9. Resolution accepting work completed under the CY 2025 Pedestrian Curb Ramp
 Retrofit Program by Leveraged Services, LLC of Bettendorf, Iowa in the amount of
 $166,391, CIP #35066. [All Wards]

10. Resolution awarding a contract for the Occupational Health and Wellness Clinic
 project to Bush Construction Company, Inc of Davenport, Iowa in the amount of
 $738,680, CIP #60042. [Ward 7]

11. Resolution awarding a contract for engineering services for the PROTECT | Mound
 and River Drive Flood Mitigation project to HR Green, Inc of Cedar Rapids, Iowa for
 an amount not to exceed $251,872.07, subject to Iowa Department of Transportation
 concurrence, CIP #68025. [Ward 5]

12. Resolutions approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for a temporary construction easement
 associated with the PROTECT | 2nd and Gaines Flood Mitigation project, CIP #35067.
 [Ward 3]

13. Resolution approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for rights-of-way and easements
 associated with the PROTECT | Marquette and 2nd Flood Mitigation project, CIP
 #68025. [Ward 4]
 14. Resolution approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for rights-of-way and easements
 associated with the PROTECT | 3rd and LeClaire project, CIP #35067. [Ward 3]

 15. Resolution approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for rights-of-way and easements
 associated with the Eastern Avenue Over Goose Creek Bridge Replacement project,
 CIP #21012. [Wards 6 & 7]

 16. Resolutions approving and authorizing the use of condemnation and commencement
 of condemnation proceedings, if necessary, for temporary construction easements
 associated with the West Central Park (Fairmount Street to Lincoln Avenue)
 Reconstruction project, CIP #35064. [Wards 2 & 4]

 17. Preliminary Resolution for the 2026 Alley Cost Share Program. [Wards 4 & 5]

 18. Resolution setting a Public Hearing on establishing a public utility easement on City-
 owned property located east of Eastern Avenue and north of East 29th Street (Parcel
 D0001-02A). [Ward 7]

XIV. Motion recommending discussion or consent for Public Works items

 FINANCE
Jazmin Newton, Chair; Mhisho Lynch, Vice Chair

XV. FINANCE

 1. Third Consideration: Ordinance amending Chapter 6.04 entitled “Animals” of the
 Municipal Code of Davenport, Iowa to incorporate community cat recommendations
 from the joint task force between the Humane Society of Scott County and the City of
 Davenport. [All Wards]

 2. Third Consideration: Ordinance amending Chapter 12.72 entitled "Conduct in Public
 Parks" of the Municipal Code of Davenport, Iowa to update language and
 requirements outlined in Iowa State Code Chapter 724.28. [All Wards]

 3. Resolution authorizing the conveyance of City-owned property located at 2301 East
 11th Street to the Davenport Fire Antique and Restoration Society, Petitioner. [Ward
 5]

 4. Resolution awarding a five-year contract for employee benefit brokerage consulting
 services to AssuredPartners of Davenport, Iowa for an amount not to exceed $60,000
 annually. [All Wards]

 5. Resolution ratifying the Behavioral Health Services Agreement with the Iowa Primary
 Care Association (Iowa PCA) to provide funding for a Crisis Intervention Officer. [All
 Wards]

 6. Resolution approving a one-year Co-Responder Services Agreement, with one
 optional one-year renewal, with Vera French Community Health Center in an amount
 not to exceed $200,000. [All Wards]

 7. Resolution approving the Small Community-Oriented Renewal and Enhancement
 (SCORE) Program and authorizing the City Administrator to administer and execute
 program purchases. [All Wards]

 8. Resolution approving the Agreement and Release from the Estate of James W. Victor.
 [All Wards]

 9. Resolution approving the reallocation of a portion of the local sales and service tax
 revenue designated for capital improvements to Parks Operations. [All Wards]

 10. Resolution of agreement and support for Hot Glass, Inc's fundraising efforts for a
 public art display at Main Street Landing. [Ward 3]

 11. Motion approving Change Order #1 in the amount of $81,000 to Naviant of Verona,
 Wisconsin for the Managed Services Agreement for OnBase support and maintenance.
 [All Wards]

 12. Motion approving a contract with The Salvation Army in the amount of $50,000 to
 support its housing and homelessness initiatives in Davenport. [Ward 5]

 13. Motion approving a contract with Project Renewal in the amount of $50,000 to
 support the second phase of their Youth Program Expansion and Renovation project.
 [Ward 3]

 14. Motion approving the purchase of 140 ballistic helmets and chin straps from Team
 Wendy of Cleveland, Ohio in the amount of $89,896.08, CIP #63026. [All Wards]

XVI. Motion recommending discussion or consent for Finance items

XVII. PURCHASE ORDERS OF $10,000 TO $50,000 ENTERED NOVEMBER 1-15, 2025 (For
 Information Only)


 1. Iowa-Illinois Taylor Insulation Inc | Fire Station 6 duct insulation | Amount:
 $10,727.19
 2. Lange Sign Group Inc | replace damaged sign face at Modern Woodmen Park |
 Amount: $11,284
 3. Superior Seawalls, Inc | boathouse winter docking & storage | Amount: $14,750
 4. Willett, Hofmann & Associates, Inc | Rockingham Road engineering services |
 Amount: $17,467.65
 5. CDB Utility Contractors Inc | Annie Wittenmyer fiber repair, removal, and
 installation | Amount: $19,903
 6. Envisage Technologies LLC | Vector LMC membership | Amount: $33,695
 7. Northwest Carpet One Inc | floor installation at Freight House Suite 6 | amount:
 $44,158.10
 8. Dinges Partners Group LLC | Fire turnout gear | Amount: $46,145


XVIII. Other Ordinances, Resolutions and Motions

XIX. Public with Business

PLEASE NOTE: At this time individuals may address the City Council on any matters of City
business not appearing on this agenda. This is not an opportunity to discuss issues with the
Council members or get information. In accordance with Open Meetings law, the Council
cannot take action on any complaint or suggestions tonight.

Please state your name and ward for the record. There is a five (5) minute time limit. Please
end your comments promptly.


XX. Final Comments from Council Members and the Mayor

XXI. Executive Session

 1. To evaluate the performance of an individual in closed session as requested by that
 individual pursuant to Iowa Code Section 21.5(1)(i).

XXII. Adjourn
 City of Davenport

Department: Finance Action / Date
Contact Info: Nicole Gleason | 563-326-7734 12/3/2025

Subject:
Public Hearing on the proposed conveyance of City-owned property located at 2301 East 11th
Street to the Davenport Fire Antique and Restoration Society, Petitioner. [Ward 5]

Recommendation:
Hold the Hearing.

Background:
This property was originally used by the Davenport Fire Department as Hose Station #4, but
has been leased to the Petitioner, Davenport Fire Antique and Restoration Society, for use as
the International Fire Museum for over 40 years.

The Society is a non-profit organization and, through planned fund-raising, lending, and
volunteer efforts, would like to make several improvements to the structure and property
including, but not limited to, tuck pointing, painting, refinishing floors on first and second levels,
updating windows, and concrete work. In order to effectively complete the improvements, they
have asked to become the owners of this historic building. As they have diligently operated the
facility for several decades, the City has tentatively entered into a purchase agreement to
transfer the property for $1 in recognition of the community partnership and desire for the
museum to continue to operate in the historic Village of East Davenport.

Attachments:
None
 City of Davenport

Department: Development & Neighborhood Services Action / Date
Contact Info: Laura Berkley | 563-888-3553 12/3/2025

Subject:
Third Consideration: Ordinance for Case ORD25-02 being the request of the City of Davenport
to amend Title 17 entitled "Zoning" of the Municipal Code of Davenport, Iowa regarding solar
farms as a principal use and freestanding solar panels as an accessory use. [All Wards]

Recommendation:
Adopt the Ordinance.

Background:
Solar Moratorium

On May 7, 2025, Resolution No. 2025-197 placed a moratorium on solar farms and accessory
freestanding solar to provide time for staff to evaluate current regulations and propose revisions
where necessary. The moratorium was spurred by a non-conforming accessory freestanding
solar system installed in a resident’s front yard. Additionally, staff asked for the moratorium
after fielding questions about large-scale solar farms and recent Iowa State legislative hearings
about solar farms. The proposed amendment brings code to meet solar industry terms and
prepare a more compressive approach to regulating solar systems.

Plan and Zoning Commission

At its October 14, 2025, meeting, the Plan and Zoning Commission unanimously recommended
Case ORD25-02 be forwarded to the City Council with a recommendation for approval subject
to the proposed amendments and findings.

Findings

 1. The proposed amendment is consistent with the Comprehensive Plan and adopted land
 use policies.
 2. The proposed amendment promotes the public health, safety, and welfare of the City.
 3. The proposed amendment is consistent with the intent and general regulations of the
 Zoning Ordinance.
 4. The amendment reflects a change in policy and development trends.
 5. The amendment may create minor nonconformities.


Project History

 • September 2, 2025: Background materials and industry trends were presented with a
 draft ordinance amendment at the Plan & Zoning Commission Public Hearing.
 • September 16, 2025: The Plan & Zoning Commission held additional discussion on the
 draft ordinance amendment.
 • September 30, 2025: Staff presented the draft ordinance amendment to City Council at
 the Management Update meeting. Several concerns were raised about solar as a
 principal use in residential and commercial districts. Immediately following the meeting,
 the Plan & Zoning Commission reviewed the draft ordinance amendments, and tabled
 the item to allow Staff additional time to make revisions based on the feedback received
 by Council.
 • October 14, 2025: Based on Commission and City Council feedback, the following
 amendments were presented during the Plan and Zoning Commission meeting:
 o Removed the principal use of community-scale solar.
 o Updated use matrix to remove community-scale solar as a principal use category.
 o Refined accessory solar language in Building Mounted Systems to address the
 height allowed for solar on flat-roofed buildings.


Approval Standards for Text Amendments

 1. The consistency of the proposed amendment with the Comprehensive Plan and any
 adopted land use policies.
 2. The extent to which the proposed amendment promotes the public health, safety, and
 welfare of the City.
 3. The consistency of the proposed amendment with the intent and general regulations of
 this Ordinance.
 4. Whether the proposed amendment corrects an error or omission, adds clarification to
 existing requirements, or reflects a change in policy or change in development trends or
 technology.
 5. The extent to which the proposed amendment creates nonconformities.


Public Input

A notice of Public Hearing was published in the Quad-City Times informing the community of
the Hearing on November 5, 2025. No comment has been submitted to staff at this time.
Previously, a Notice of Public Hearing was published in the Quad-City Times informing the
community of the September 2, 2025 Plan and Zoning Commission Public Hearing. Staff have
received one public comment in favor of the request which also offered adjustments to the
language.

Attachments:
1. Ordinance
2. Proposed Ordinance Amendment
3. Current Zoning Ordiance
4. Memo to Council - Solar Moratorium
5. Action 2025-197 - Resolution approving moratorium on solar farms and freestanding
 solar panels
6. Public Comment-Iowa Solar
7. Memo to Council - Solar as a Special Use
8. Solar Zoning Map
 ORDINANCE NO. _________________

AN ORDINANCE FOR CASE ORD25-02 BEING THE REQUEST OF THE CITY OF DAVENPORT TO AMEND
TITLE 17 ENTITLED “ZONING” OF THE MUNICIPAL CODE OF DAVENPORT, IOWA REGARDING SOLAR
FARMS AS A PRINCIPAL USE AND FREESTANDING SOLAR PANELS AS AN ACCESSORY USE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA:
Section 1. That Section 17.02.030 of the Municipal Code of Davenport, Iowa be and the same is hereby
amended to add the following:
17.02.030 Definition of general terms.
Battery Energy Storage System. Electrochemical devices of 1 MW capacity or greater that charge
or collect energy from the grid or a generation facility and discharge that energy at a later time to
provide electricity or other grid services.
Solar Energy System. An aggregation of devices and structures whose boundaries can cross parcel
lines designed to collect, store, and distribute solar energy for electricity generation, heating, cooling,
or other uses. This definition applies to Solar - Utility-Scale and Accessory Solar Energy System and
does not apply to solar panels on self-powered devices like decorative lights, pond pumps, or those in
the right of way.
Section 2. That Section 17.08.020 Table 17.08-1 of the Municipal Code of Davenport, Iowa be and the
same is hereby amended to remove the Principal Use ‘Solar Farm’.
Section 3. That Section 17.08.020 Table 17.08-1 of the Municipal Code of Davenport, Iowa be and the
same is hereby amended to add the Principal Use ‘Solar – Utility Scale’. Table 17.08-1 shall be
amended to include ‘Solar - Utility-Scale’ as a Special Use in the I-1 Light Industrial Zoning District, I-
2 Heavy Industrial Zoning District, and AG-Agricultural Zoning District. Add Section 17.08.030(BB) as
a Use Standard for ‘Solar – Utility-Scale’.
Section 4. That Subsection 17.08.030 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended as follows:
17.08.030 Principal use standards.
BB. Solar - Utility-Scale.
 1. General regulations for Solar Energy Systems:
 a. Solar energy systems must follow district standards unless mentioned here.
 b. Solar energy systems are prohibited within the Special Flood Hazard Area.
 c. No grid-tied solar energy systems may be installed until evidence has been provided that
 the owner has been approved by the utility company to install the system.
d. Solar energy systems shall be built with “anti-reflective coating” or similar language and
 shown on the specification sheets submitted.
e. A third-party glare study and confirmation that glare will be minimized or eliminated from
 adjacent properties, buildings, and residences shall be submitted for approval to the Zoning
 Administrator.
f. A view sheds analysis from residential districts to solar energy systems shall be submitted
 for approval to the Zoning Administrator. Solar energy systems must be screened from view
 of residential districts using trees, shrubs, and other perennial plants, the locations of the
 screening shall be derived from the analysis.
g. All components of the solar energy systems shall be maintained in good state of repair and
 safe condition. Damaged, deteriorated or inoperable solar energy systems components shall
 be repaired or replaced in 12 months. In the event of those circumstances not considered
 in this ordinance prevent repair of the solar energy system components by 12 months,
 communications and presentation of rectifying steps shall be made to The Zoning
 Administrator.
h. A Site maintenance plan shall be submitted and approved by the Zoning Administrator. The
  plan shall include the repair and replacement of solar energy system equipment, landscaping
  maintenance, and other agreements not limited to this ordinance shall be submitted.
i. A decommissioning plan shall be submitted and approved by the Zoning Administrator. The
 decommissioning plan shall include steps for the removal of all solar arrays, structures,
 foundations, private roads or driveways, and any other element constructed by facility owner
 or operator for the purpose of maintaining or operating the solar energy systems. The plan
 shall follow demolition requirements per city code to include site finish, drainage, and ground
 cover. Additional information may be required by the Zoning Administrator.
j. Shall include provisions for future growth opportunities including future rights-of-way, public
 infrastructure, utilities, subdivisions, and other easements as established within the City
 Code.
k. All accessory uses and structures shall follow accessory use standards.
l. Battery energy storage systems accessory to Solar - Utility-Scale systems shall be subject to
 these additional standards:
  i. Battery energy storage systems shall be setback a minimum of 200 feet from a property
 line.
  ii. Battery energy storage system shall be setback a minimum of 200 feet from the edge of
 any natural waterbody to include any water conveyance system, detention or retention
 facility that openly feed natural waterbodies.
  iii. Battery energy storage systems shall be setback a minimum of 500 feet from any building.
  iv. Battery energy storage systems shall be secured from the public.
  v. Maintenance and decommissioning plan associated solely with the battery energy storage
 systems to include but not limited to the anticipated life of the battery energy storage
 systems and the safety steps required for continued use shall be submitted for approval
 to the Zoning Administrator.
  vi. Dilapidated or inoperable battery energy storage systems shall be repaired or replaced
 within 12 months. In the event of those circumstances not considered in this ordinance
 prevent repair of the battery energy storage systems within 12 months, communications
 and presentation of rectifying steps shall be made to Zoning Administrator.
Section 5. That Section 17.08.050 of the Municipal Code of Davenport, Iowa be and the same is hereby
amended to delete Solar Farm.
Section 6. That Section 17.08.050 of the Municipal Code of Davenport, Iowa be and the same is hereby
amended to add the following:
17.08.050 Use definitions.
Solar - Utility-Scale. A solar energy system designed primarily for wholesale electricity generation
for sale into the electric grid. Utility-scale systems are not intended to serve on-site or localized users.
Section 7. That Section 17.09.030 of the Municipal Code of Davenport, Iowa be and the same is hereby
amended as follows:
17.090.030 Accessory structures and uses.
S. Accessory Solar Energy System.
 1. General Requirements.
 a. Shall be built with “anti-reflective coating” or similar language and shown on the submitted
 specifications sheet for the solar energy system.
 b. The solar energy system must be placed so that concentrated solar radiation or glare is not
 directed onto adjacent properties or roadways.
 2. Building Mounted Systems
 a. A building mounted solar energy system may be mounted or applied to the roof, wall, or other
 architectural feature not included here of a principal building or accessory structure.
 b. On pitched roof buildings, the maximum height of a roof-mounted solar panel may rise is 18
 inches.
 c. On flat roofed buildings the solar energy system shall be setback from the edge of the roof 1
 foot for every 2 feet in height.
 i. Solar energy system shall not exceed 6 feet in height on a structure 40 feet or less in height.
 For structures 40 feet in height or less and for any building where the solar energy system
 cannot meet the setback requirement, there must be either a parapet wall or other solid
 building material that is architecturally integrated with the structure to screen the solar
 energy system.
 ii. Solar energy system shall not exceed 15 feet in height on a structure over 40 feet in height.
 d. Wall-mounted solar panels may project up to 2.5 feet from a building facade and must be
 integrated into the structure as an architectural feature.
 3. Freestanding Solar Energy Systems.
 a. Freestanding solar energy systems are prohibited within the Special Flood Hazard Area.
 b. Freestanding solar energy systems shall follow accessory structure regulations in Section
 17.09.030.
 c. Freestanding solar energy systems shall be subject to the underlying zoning districts maximum
 impervious surface and maximum building coverage standards.
 d. In residential districts except for R-MF:
 i. Freestanding solar energy systems are only allowed in the rear yard.
 ii. On a double frontage or through lot, the rear yard shall be considered the street frontage
 adjacent to the street with the higher street hierarchy classification and for which no
 driveway access is provided. Freestanding solar energy systems are permitted in the
 designated rear yard and are subject to the principal use setbacks.
 iii. The maximum height of a freestanding solar energy systems is 10 feet.
 iv. Shall not be larger than 50% of the building footprint or 720 square feet, whichever is
 greater.
 e. In all other districts including R-MF:
 i. Freestanding solar energy systems are allowed in the rear and interior side yard.
 ii. Freestanding solar energy systems shall not be larger than 50% of the impervious surface.
 iii. Freestanding solar energy systems are permitted in all yards when over an approved
 parking lot and subject to these additional standards:
 1) Shall provide minimum vertical clearance of 8 feet.
 2) Shall not remove or cover parking islands or landscaped areas.
 3) Shall follow all parking standards.
 f. Battery Energy Storage Systems are prohibited as an accessory use unless granted permission
 by the Fire Marshal.
SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void,
then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall
be and remain in full force and effect, the same as if the ordinance contained no illegal or void
provisions.
REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and
publication as by law provided.

 First Consideration _____________________________

 Second Consideration _________________________

 Approved ________________________________

 Published in The Quad-City Times on ___________________________


 Attest:




_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 1
 Proposed Solar Ordinance Amendment
 November 05, 2025
17.02.030 Definition of General Terms
Battery Energy Storage System

Electrochemical devices of 1 MW capacity or greater that charge or collect energy from the grid or a generation facility and discharge that energy at a later time to provide
electricity or other grid services.

Solar Energy System

An aggregation of devices and structures whose boundaries can cross parcel lines designed to collect, store, and distribute solar energy for electricity generation, heating, cooling,
or other uses. This definition applies to Solar - Utility-Scale and Accessory Solar Energy System and does not apply to solar panels on self-powered devices like decorative lights,
pond pumps, or those in the right of way.

17.08.050 Use Definitions
Solar - Utility-Scale: A solar energy system designed primarily for wholesale electricity generation for sale into the electric grid. Utility-scale systems are not intended to serve
on-site or localized users.


  PRINCIPAL R-1 R-2 R-3 R-4 R-MF R-MHP C-T C-1 C-2 C-3 C-C C-OP C-D C-V C-E I-1 I-2 I-MU AG OS IC USE
 USE STAND-

 Solar - S S S Sec.
 Utility-Scale 17.08.
 030.BB

17.08.030 Principal Use Standard
 1. General regulations for Solar Energy Systems:

 a. Solar energy systems must follow district standards unless mentioned here.

 b. Solar energy systems are prohibited within the Special Flood Hazard Area.

 c. No grid-tied solar energy systems may be installed until evidence has been provided that the owner has been approved by the utility company to install the system.

 d. Solar energy systems shall be built with “anti-reflective coating” or similar language and shown on the specification sheets submitted.

 e. A third-party glare study and confirmation that glare will be minimized or eliminated from adjacent properties, buildings, and residences shall be submitted for
 approval to the Zoning Administrator.

 f. A view sheds analysis from residential districts to solar energy systems shall be submitted for approval to the Zoning Administrator. Solar energy systems must be
 screened from view of residential districts using trees, shrubs, and other perennial plants, the locations of the screening shall be derived from the analysis.

 g. All components of the solar energy systems shall be maintained in good state of repair and safe condition. Damaged, deteriorated or inoperable solar energy
 systems components shall be repaired or replaced in 12 months. In the event of those circumstances not considered in this ordinance prevent repair of the solar
 energy system components by 12 months, communications and presentation of rectifying steps shall be made to The Zoning Administrator.

 h. A Site maintenance plan shall be submitted and approved by the Zoning Administrator. The plan shall include the repair and replacement of solar energy
 system equipment, landscaping maintenance, and other agreements not limited to this ordinance shall be submitted.

 i. A decommissioning plan shall be submitted and approved by the Zoning Administrator. The decommissioning plan shall include steps for the removal of all solar
 arrays, structures, foundations, private roads or driveways, and any other element constructed by facility owner or operator for the purpose of maintaining or
 operating the solar energy systems. The plan shall follow demolition requirements per city code to include site finish, drainage, and ground cover. Additional
 information may be required by the Zoning Administrator.

 j. Shall include provisions for future growth opportunities including future rights-of-way, public infrastructure, utilities, subdivisions, and other easements as
 established within the City Code.

 k. All accessory uses and structures shall follow accessory use standards.

 l. Battery energy storage systems accessory to Solar - Utility-Scale systems shall be subject to these additional standards:

 i. Battery energy storage systems shall be setback a minimum of 200 feet from a property line.

 ii. Battery energy storage system shall be setback a minimum of 200 feet from the edge of any natural waterbody to include any water conveyance system,
 detention or retention facility that openly feed natural waterbodies.

 iii. Battery energy storage systems shall be setback a minimum of 500 feet from any building.

 iv. Battery energy storage systems shall be secured from the public.

 v. Maintenance and decommissioning plan associated solely with the battery energy storage systems to include but not limited to the anticipated life of the
 battery energy storage systems and the safety steps required for continued use shall be submitted for approval to the Zoning Administrator.

 vi. Dilapidated or inoperable battery energy storage systems shall be repaired or replaced within 12 months. In the event of those circumstances not considered
 in this ordinance prevent repair of the battery energy storage systems within 12 months, communications and presentation of rectifying steps shall be made to
 Zoning Administrator.




 1
17.09.030 Accessory Structures and Uses
S. Accessory Solar Energy System

1. General Requirements.

 a. Shall be built with “anti-reflective coating” or similar language and shown on the submitted specifications sheet for the solar energy system.

 b. The solar energy system must be placed so that concentrated solar radiation or glare is not directed onto adjacent properties or roadways.

2. Building Mounted Systems

 a. A building mounted solar energy system may be mounted or applied to the roof, wall, or other architectural feature not included here of a principal building or
 accessory structure.

 b. On pitched roof buildings, the maximum height of a roof-mounted solar panel may rise is 18 inches.

 c. On flat roofed buildings the solar energy system shall be setback from the edge of the roof 1 foot for every 2 feet in height

 i. Solar energy system shall not exceed 6 feet in height on a structure 40 feet or less in height. For structures 40 feet in height or less and for any building
 where the solar energy system cannot meet the setback requirement, there must be either a parapet wall or other solid building material that is
 architecturally integrated with the structure to screen the solar energy system.

 ii. Solar energy system shall not exceed 15 feet in height on a structure over 40 feet in height.

 d. Wall-mounted solar panels may project up to 2.5 feet from a building facade and must be integrated into the structure as an architectural feature.

3. Freestanding Solar Energy Systems.

 a. Freestanding solar energy systems are prohibited within the Special Flood Hazard Area.

 b. Freestanding solar energy systems shall follow accessory structure regulations in Section 17.09.030.

 c. Freestanding solar energy systems shall be subject to the underlying zoning districts maximum impervious surface and maximum building coverage standards.

 d. In residential districts except for R-MF:

 i. Freestanding solar energy systems are only allowed in the rear yard.

 ii. On a double frontage or through lot, the rear yard shall be considered the street frontage adjacent to the street with the higher street hierarchy classification
 and for which no driveway access is provided. Freestanding solar energy systems are permitted in the designated rear yard and are subject to the principal
 use setbacks.

 iii. The maximum height of a freestanding solar energy systems is 10 feet.

 iv. Shall not be larger than 50% of the building footprint or 720 square feet, whichever is greater.

 e. In all other districts including R-MF:

 i. Freestanding solar energy systems are allowed in the rear and interior side yard.

 ii. Freestanding solar energy systems shall not be larger than 50% of the impervious surface.

 iii. Freestanding solar energy systems are permitted in all yards when over an approved parking lot and subject to these additional standards:

 1. Shall provide minimum vertical clearance of 8 feet.

 2. Shall not remove or cover parking islands or landscaped areas.

 3. Shall follow all parking standards.

 f. Battery Energy Storage Systems are prohibited as an accessory use unless granted permission by the Fire Marshal.




 2
Section 17.08.030 Principal Use Standards
Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or special use, in addition to all other regulations of
this Ordinance.

BB. Solar Farm

 1. Systems, equipment, and structures are limited to the maximum height of the district.

 2. All solar farm structures must meet the district setbacks.

 3. No grid tied photovoltaic system may be installed until evidence has provided that the owner has been approved by the utility company to install the system.

 4. The facility owner and operator must, at their sole expense, complete decommissioning of the solar farm within one year after the end of the useful life of the solar
 farm. The solar farm is deemed to be at the end of its useful life if it is abandoned for a period for 180 days or more. Decommissioning includes removal of all
 solar equipment. Decommissioning includes removal of solar arrays, structures, private roads or driveways, and foundations, and any other element constructed
 by facility owner or operator for the purpose of maintaining or operating the solar farm.

Section 17.08.050 Use Definitions
All uses within Table 17.08-1 are defined in this section. Certain uses are defined to be inclusive of many uses. When a use meets a specific definition, it is regulated as
such and is not regulated as part of a more inclusive use category.

Solar Farm. An energy system operated by a public, private, or cooperative company for the generation, transmission, distribution, storage, or processing of solar energy
for the purposes of heating and cooling, electricity generation, and/or water heating.

Section 17.09.030 Accessory Structures and Uses
All accessory structures and uses are subject to the requirements of this section and the permitted encroachment requirements of Section 17.09.040. Additional
accessory structures not regulated in this section may be regulated in Section 17.09.040.

S. Solar Panels

 1. General Requirements

 a. A solar panel may be building-mounted or freestanding.

 b. Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

 2. Building-Mounted Systems

 a. A building-mounted system may be mounted on the roof or wall of a principal building or accessory structure.

 b. On pitched roof buildings, the maximum height a roof-mounted solar panel may rise is 18 inches.

 c. On flat roofed buildings up to 40 feet in height, the roof-mounted solar panel system is limited to a maximum height of six feet above the surface of the
 roof. On flat roofed buildings over 40 feet in height, the roof-mounted solar panel system is limited to 15 feet above the height of such structure. Roof-
 mounted solar energy systems are excluded from the calculation of building height.

 d. Wall-mounted solar panels may project up to 2.5 feet from a building façade and must be integrated into the structure as an architectural feature.

 3. Freestanding Systems

 a. A freestanding system is allowed in all yards. In the front or corner side yard, the system but must be six feet from any lot line.

 b. The maximum height of a freestanding system is ten feet, except in the front or corner side yard where it is limited to four feet.

 4. Co-Location
 Solar panels may be co-located on structures such as wireless communication towers and light poles.



Section 17.08-1: Use Matrix


 R- R- C- C- C- C- C- C- I- I-
 PRINCIPAL USE R-1 R-2 R-3 R-4 C-1 C-2 C-3 I-MU AG OS IC USE STANDARD
 MF MHP T C OP D V E 1 2
 Solar Farm P P P S P Sec. 17.08.030.BB
Industry Comments on Proposed Solar Ordinances

My name is Ryan Kopf and I am a Davenport resident, I live on Brady Street. I am writing to you
to provide comments on upcoming proposed solar power ordinances.

As both a local resident and the owner of Iowa Solar, I strongly encourage the council to adopt
rules that expand, rather than restrict, the opportunities for Davenport families and businesses
to access clean energy.

Free-standing solar arrays, when done responsibly, can be an important tool for homeowners
who may not have ideal roof conditions, yet still desire clean energy. Limiting them to backyards
only, or tying them strictly to building footprints, could make solar impossible for many residents
whose homes face the wrong direction, are shaded by trees, or simply lack the roof space to
support a sufficient system.

Benefits of Solar
Before we get into ordinance specifics, I would like to highlight some of the key benefits of solar
power:

 ●​ Solar improves grid stability, especially during summer peaks when air conditioning
 drives demand. It helps reduce strain and lowers the risk of outages.​

 ●​ Solar provides real savings for families, lowering monthly electric bills and protecting
 against utility rate hikes.​

 ●​ Solar is silent and clean—it produces no noise, no smell, and no pollution. Panels
 generate power passively for decades with minimal maintenance, without disturbing
 neighbors.

Addressing Common Misconceptions
There are also some misconceptions about solar that deserve clarification:

 ●​ “Solar owners get the grid for free.” In reality, all solar customers pay a monthly service
 fee (around $30 with MidAmerican) to remain connected, contributing directly to
 maintaining electric lines and infrastructure.​

 ●​ “Solar only benefits wealthy homeowners.” In truth, distributed solar reduces strain on
 the grid for everyone and improves reliability during peak hours, creating
 community-wide benefits.​

 ●​ “Solar hurts property values.” Panels are silent, emission-free, and unobtrusive. In many
 communities, visible solar has actually improved neighborhood appeal by signaling
 sustainability and forward progress.
Community-Scale Solar
Davenport also has a chance to lead in community-scale solar. Projects over parking lots,
neighborhood gardens, or unused parcels of land make renewable energy accessible to renters,
lower-income households, and those who cannot install solar themselves. These projects build
resilience, reduce costs, and keep energy dollars circulating locally rather than leaving the
community.

Recommendations for the Ordinance
 ●​ A 10-foot height limit is reasonable; there is no practical need for taller systems in
 residential settings. Even 9.5 ft would be reasonable.​

 ●​ Comments have been made suggesting that solar should go over parking lots. Including
 an exception to this height limit for parking lot solar may be wise.​

 ●​ Instead of restricting arrays to “backyards,” which can be difficult to define, consider a
 10–20 foot setback from the street as a fairer and more flexible guideline.​

 ●​ Low-to-the-ground solar systems (under 3.5 feet) are highly efficient and unobtrusive.
 These pair well with landscaping or gardens and can actually improve curb appeal. We
 recommend an exemption for these small-scale, low-profile systems. Example:
 Low-profile solar array - https://www.youtube.com/watch?v=MoENU_3W2Ks​

 ●​ It's unreasonable to set solar array size based on the home size without also factoring in
 lot size. If a small home sits on a quarter-acre, there's no sense in not factoring in lot
 size to the requirement. Especially if people are trying to build tiny-but-fully-efficient
 homes. People should be allowed the right to power small homes fully with solar, and a
 home-size-ratio-restriction does not make that possible.

Suggested ordinance language might read:

“Residential free-standing solar arrays shall not exceed 10 feet in height, unless part of an
engineered parking-covering structure. Arrays under 3.5 feet in height shall be permitted with no
restrictions other than standard setback requirements. Free-standing arrays over 3.5 feet shall
be permitted provided they are set back at least 10 feet from the primary street frontage.”

Economic Development

Solar is not just about sustainability—it is about jobs and investment. Every new array means
local work in installation, maintenance, and supply. Restrictive rules risk pushing investment to
neighboring communities, while supportive rules will allow Davenport to attract clean-energy
businesses, innovation, and skilled workers.

Thank you for your consideration.
Sincerely,

Ryan
Iowa Solar
info@iowasolar.com
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 City of Davenport

Department: Development & Neighborhood Services Action / Date
Contact Info: Laura Berkley | 563-888-3553 12/3/2025

Subject:
Second Consideration: Ordinance for Case ORD25-03 being the request of Leverage Holdings
LLC to amend Chapter 17.08 entitled "Uses" of the Municipal Code of Davenport, Iowa to allow
wholesale establishment as a permitted use in the C-3 zoning district and add principal use
standards for wholesale establishment. [All Wards]

Recommendation:
Adopt the Ordinance.

Background:
At its November 4, 2025 meeting, the Plan and Zoning Commission unanimously recommended
Case ORD25-03 to the City Council with a recommendation for approval subject to the findings
and listed conditions. The conditions for the creation of principal use standards for wholesale
establishment have been incorporated into the Ordinance.

Findings

 1. The proposed amendment is consistent with the Comprehensive Plan and adopted land
 use policies.
 2. The proposed amendment promotes the public health, safety, and welfare of the City.
 3. The proposed amendment is consistent with the intent and general regulations of the
 Zoning Ordinance.
 4. The amendment reflects a change in policy and development trends.
 5. The amendment may create minor nonconformities.


Conditions

Create the following principal use standards for Wholesale in Section 17.08.030:

 1. The principal use and any associated accessory uses shall not emit any dust, odors,
 gases, or pollution and shall not emit excessive noise or vibrations.
 2. The storage of aggregate materials shall be prohibited.
 3. The following additional standards apply to all outdoor storage:

 a. The storage area must be completely enclosed by a solid fence or wall a minimum
 of six feet in height including ingress and egress.
 b. Fences or walls shall meet principal use setback requirements.
 c. Outdoor storage of any kind is prohibited outside the fence or wall.


Case Overview
City staff received an application for a zoning text amendment from a property owner
requesting an amendment to allow “Wholesale” as a permitted use in the C-3 General
Commercial Zoning District. The proposed zoning text amendment will impact all properties
throughout Davenport zoned C-3 General Commercial Zoning District. The Petitioner has
provided initial statements by approval standard as a supplement to the request, which can be
seen in the application document. The summary provided by the applicant is below:

As indicated, the Petitioner perceives there are various reasons that a text amendment is
needed to add wholesale use in the C-3 Districts, but the most blatant/obvious include, but are
not limited to:

 1. Current commercial market conditions have changed as less big-box buildings are being
 built and those that have been built now need to be retrofitted for alternative uses.
 2. Wholesaling, for the most part, will lessen the intensity in these Districts, and while
 truck/semi-truck traffic could slightly increase, the streets and properties in the C-3
 District can easily accommodate such concerns. In essence, while wholesaling is
 distinguishable from retail, in this stance, it's a distinction without a real difference.
 3. Wholesaling is consistent with Davenport's current comprehensive plan and was
 previously allowed in certain C-Districts under Davenport's prior zoning code, such that
 to resurrect its use now leaves little to be done and allows market conditions to proceed
 with redevelopment.


Zoning Ordinance Purpose Statement

The C-3 General Commercial Zoning District is intended to accommodate higher-intensity
commercial development within the City of Davenport that serves both local and regional
markets. The C-3 District addresses medium- and large-scale development that may generate
considerable traffic and typically requires significant off-street parking. Higher density
residential uses are also allowed to facilitate a mixed-use orientation where appropriate.

Zoning Ordinance Use Definition

Wholesale Establishment. A business where goods are sold to either retailers, or to
industrial, commercial, institutional, or other professional business users, or to other
wholesalers and related subordinated services.

Use Matrix (Table 17.08-1)

The principal use "Wholesale Establishment" is permitted in the following zoning districts:

 1. I-1 Light Industrial District
 2. I-2 Heavy Industrial District

The principal use "Wholesale Establishment" is permitted as a special use in the following
zoning districts:

 1. I-MU Industrial Mixed Use District
Approval Standards for Text Amendments

 1. The consistency of the proposed amendment with the Comprehensive Plan and any
 adopted land use policies.
 2. The extent to which the proposed amendment promotes the public health, safety, and
 welfare of the City.
 3. The consistency of the proposed amendment with the intent and general regulations of
 this Ordinance.
 4. Whether the proposed amendment corrects an error or omission, adds clarification to
 existing requirements, or reflects a change in policy or change in development trends or
 technology.
 5. The extent to which the proposed amendment creates nonconformities.


Upon staff review, the following proposed principal use standards alleviate concerns for future
wholesale in C-3.

Proposed Principal Use Standard

 1. The principal use and any associated accessory uses shall not emit any dust, odors,
 gases, or pollution and shall not emit excessive noise or vibrations.
 2. The storage of aggregate materials shall be prohibited.
 3. The following additional standards apply to all outdoor storage:

 a. The storage area must be completely enclosed by a solid fence or wall a minimum
 of six feet in height including ingress and egress.
 b. Fences or walls shall meet principal use setback requirements.
 c. Outdoor storage of any kind is prohibited outside the fence or wall.


Public Input

A notice of Public Hearing was published in the Quad-City Times informing the community of
the October 14, 2025, Plan and Zoning Commission Public Hearing. In addition, the notice of a
Public Hearing was published in the Quad-City Times for the November 19, 2025, Public Hearing
at the Committee of the Whole. To date, staff have not received any public comments in favor
or opposition to the request. Staff will apprise Council of any correspondence.

Attachments:
1. Ordinance
2. Application Leveraged Holdings
3. Proposed Principal Use Standard - Wholesale Establishment
4. C-3 District Overview Map
5. Industrial Zone Overview Map
6. Use Matrix Table - Wholesale1
 ORDINANCE NO. _________________

AN ORDINANCE FOR CASE ORD25-03 BEING THE REQUEST OF LEVERAGED HOLDINGS LLC TO
AMEND CHAPTER 17.08 ENTITLED “USES” OF THE MUNICIPAL CODE OF DAVENPORT, IOWA TO
ALLOW WHOLESALE ESTABLISHMENT AS A PERMITTED USE IN THE C-3 ZONING DISTRICT AND
ADD PRINCIPAL USE STANDARDS FOR WHOLESALE ESTABLISHMENT.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA:

Section 1. That Section 17.08.020 of the Municipal Code of Davenport, Iowa be, and the same is
hereby amended to add “Wholesale Establishment” as a permitted use in the C-3 zoning district on
Table 17.08-1: Use Matrix.

Section 2. That Section 17.08.030 of the Municipal Code of Davenport be, and the same is hereby
amended to add a new subsection EE, with all subsequent subsections re-lettered accordingly, and to
update the Use Standard column of Table 17.08-1 in Section 17.08.020 to reflect this change.
EE. Wholesale Establishment
 1. The principal use and any associated accessory uses shall not emit any dust, odors, gases, or
 pollution and shall not emit excessive noise or vibrations.
 2. The storage of aggregate materials shall be prohibited.
 3. The following additional standards apply to all outdoor storage:
 a. The storage area must be completely enclosed by a solid fence or wall a minimum of six feet
 in height including ingress and egress.
 b. Fences or walls shall meet principal use setback requirements.
 c. Outdoor storage of any kind is prohibited outside the fence or wall.

SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void,
then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall
be and remain in full force and effect, the same as if the ordinance contained no illegal or void
provisions.

REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and
publication as by law provided.

 First Consideration _____________________________

 Second Consideration _________________________

 Approved ________________________________

 Published in The Quad-City Times on ___________________________


 Attest:




_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
Leveraged Holdings, LLC
RE: Zoning Text Amendment Standards

1. The consistency of the proposed amendment with the Comprehensive Plan and any
adopted land use policies.
Not surprisingly and by adding/permitting wholesale (which is merely selling goods and/or
services to a limited customer base as defined by Davenport’s Code) it lessens the intensity on
properties in a C-3 District (although it may increase traffic and/or semi-truck traffic which the
arterial roads in the C-3 District are very capable of handling along with the properties thereon
which, in most instances, already have load areas) such that:
 A. consistency with the Comprehensive Plan and land use policies are maintained; and
 B. synergy with existing development will also be maintained
Furthermore, as wholesaling was once a permitted use in certain C-Districts based on
Davenport’s prior zoning code, its reemergence will not impair and/or impact properties in the C-
3 District; rather, based on existing market conditions, it enhances development in the C-3
District.
2. The extent to which the proposed amendment promotes the public health, safety, and
welfare of the City.
While the text amendment is somewhat neutral on this issue, Petitioner submits that by allowing
wholesale use in the C-3 District, it will provide:
 A. the expansion/development of big box facilities that are vacant/near vacant;
 B. remove/reduce loitering/vagrancy in these affected areas; and
 C. provide enrichment to the tax base
3. The consistency of the proposed amendment with the intent and general regulations of
this Ordinance.
Petitioner reemphasizes that wholesaling was once a permitted use in certain C-Districts based
on Davenport’s prior zoning code, such that in essence its truly not inconsistent with the concept
and general notion of what is or should be in a commercial district.
4. Whether the proposed amendment corrects an error or omission, adds clarification to
existing requirements, or reflects a change in policy or change in development trends or
technology.
No, although Petitioner acknowledges that market conditions have changed commercially, such
that there are less big-box stores being built and those that have been built need to be
retrofitted.
5. The extent to which the proposed amendment creates nonconformities.
Actually, by adding wholesaling, the text amendment renders those properties previously
grandfathered under the prior zoning code or currently engaging in wholesaling on an ancillary
basis to now be a conforming use once again (in fact, some existing retailers are already
engaging in wholesale activities with business customers, for example: Sam’s Club, Costco,
Best Buy, etc.)
 Proposed Wholesale Establishment Ordinance Amendment
 November 4, 2025
 The proposed principal use standard will go as 17.08.030.EE to maintain appropriate alphabetical order.
 Following P&Z action, section instructions will be written for amendment proposal.
 Proposed Table 17.08 – 1 Use Matrix
 Principal Use R-1 R-2 R-3 R-4 R-MF R-MHP C-T C-1 C-2 C-3 C-C C-OP C-D C-V C-E I-1 I-2 I-MU AG OS IC Use Standard




Wholesale Sec.
 P P P S
Establishment 17.08.030.EE


 17.08.030 Principal Use Standard
 EE. Wholesale Establishment.

 1. The principal use and any associated accessory uses shall not emit any dust, odors, gases,

 or pollution and shall not emit excessive noise or vibrations.

 2. The storage of aggregate materials shall be prohibited.

 3. The following additional standards apply to all outdoor storage:

 a. The storage area must be completely enclosed by a solid fence or wall a minimum

 of six feet in height including ingress and egress.

 b. Fences or walls shall meet principal use setback requirements.

 c. Outdoor storage of any kind is prohibited outside the fence or wall.
 ZONING


 17 Attachment 1
 City of Davenport
 Table 17.08-1
 Use Matrix
 [Amended 12-11-2024 by Ord. No. 2024-522; 3-13-2024 by Ord. No. 2024-119; 1-11-2023 by Ord. No. 2023-05; 11-23-2021 by Ord. No. 2021-445; 6-9-2021 by Ord. No. 2021-218; 6-10-2020 by Ord. No. 2020-233;
 9-11-2019 by Ord. No. 2019-363]




 PRINCIPAL USE R-1 R-2 R-3 R-4 R-MF R-MHP C-T C-1 C-2 C-3 C-C C-OP C-D C-V C-E I-1 I-2 I-MU AG OS IC USE STANDARD
 Adult Use S S Sec. 17.08.030.A
 Agriculture P
 Amusement Facility - Indoor P P P P P P P P
 Amusement Facility - Outdoor S S S P S
 Animal Care Facility - Large Animal P
 Animal Care Facility - Small Animal S S P P P S S P P P P Sec. 17.08.030.B
 Animal Breeder P Sec. 17.08.030.B
 Art Gallery P P P P P P P P P
 Arts and Fitness Studio P P P P P P P P P
 Bar P P P P P P P
 Bar - Neighborhood P Sec. 17.08.030.C
 Bed-and-Breakfast S S S S S S P Sec. 17.08.030.D
 Billboard P P P P Sec. 17.08.030.E
 Body Modification Establishment P P P P P P P
 Broadcasting Facility TV/Radio P P P P P P P P P P P
 Campground S P Sec. 17.08.030.F
 Car Wash P P S P Sec. 17.08.030.G
 Casino P
 Cemetery P
 Children’s Home P P P P S P Sec. 17.08.030.H
 Community Center P P P P P P P P P P P P P P P P P
 Community Garden P P P P P P P P P P P P P P P P P P P Sec. 17.08.030.I
 Conservation Area P P
 Country Club P
 Cultural Facility P P P P P P P P P P P
 Day-Care Center P P P P P P P P P P S P P Sec. 17.08.030.J
 Day-Care Home P P P P P P Sec. 17.08.030.J
 Drive-Through Facility P P S S P P P Sec. 17.08.030.K
 Drug/Alcohol Treatment Facility, S S S S S Sec. 17.08.030.L



17 Attachment 1:1 Supp 13, Dec 2024
 DAVENPORT CODE



 PRINCIPAL USE R-1 R-2 R-3 R-4 R-MF R-MHP C-T C-1 C-2 C-3 C-C C-OP C-D C-V C-E I-1 I-2 I-MU AG OS IC USE STANDARD
 Residential
 Drug Treatment Clinic S S S S S Sec. 17.08.030.L
 Domestic Violence Shelter P P P P P P P Sec. 17.08.030.H
 Dwelling - Accessory Dwelling Unit P P P P Sec. 17.08.030.M
 Dwelling - Manufactured Home P S Sec. 17.08.030.N
 Dwelling - Multifamily P P P P P S P P P P Sec. 17.08.030.O
 Dwelling - Townhouse P P P P P S P P P P Sec. 17.08.030.P
 Dwelling - Single-Family P P P P P P P P P Sec. 17.08.030.P
 Dwelling - Single-Family Semidetached P P P P P P P S P Sec. 17.08.030.P
 Dwelling - Two-Family (New Construction) P P P P P P S P Sec. 17.08.030.P
 Dwelling - Two-Family (Conversion) P P P P P Sec. 17.08.030.P
 Educational Facility - Primary or Secondary P P P P P P
 Educational Facility - University or College P P P P P P
 Educational Facility - Vocational S S S P P P P S P P P P P
 Equine, Keeping of/Equestrian Facility P P Sec. 17.08.030.Q
 Fairground S S P
 Financial Institution P P P P P P P P P P
 Financial Institution, Alternative S S S P Sec. 17.08.030.R
 Food Bank P P P
 Food Pantry P S S S
 Funeral Home S S S P P P
 Gas Station S P P S P P P P Sec. 17.08.030.S
 Golf Course/Driving Range P
 Government Office/Facility P P P P P P P P P P P P P P
 Greenhouse/Nursery - Retail P P P S
 Group Home P P P P P Sec. 17.08.030.T
 Halfway House S S S S S Sec. 17.08.030.L
 Healthcare Institution P
 Heavy Rental and Service P P
 Heavy Retail S S P P
 Homeless Shelter S S S S S Sec. 17.08.030.L
 Hotel P P P P P S P P
 Industrial - General P
 Industrial - Light P P P P
 Industrial Design P P P P P P P P P



17 Attachment 1:2 Supp 13, Dec 2024
 ZONING



 PRINCIPAL USE R-1 R-2 R-3 R-4 R-MF R-MHP C-T C-1 C-2 C-3 C-C C-OP C-D C-V C-E I-1 I-2 I-MU AG OS IC USE STANDARD
 Live Performance Venue P P P P P P P
 Lodge/Meeting Hall S S S S S P P P P P P P P P P P P P Sec. 17.08.030.U
 Manufactured Home Park P
 Medical/Dental Office P P P P P P P P P P P
 Microbrewery/Distillery/Winery P P P P P P P P
 Neighborhood Commercial Establishment S S S S Sec. 17.08.030.V
 Office P P P P P P P P P P P P P
 Outdoor Dining P P P P P P P P P P P P Sec. 17.08.030.W
 Parking Lot (principal use) S S S S S S S S P S S P Chapter 17.10
 Parking Structure (principal use) S S P P P S S P P P Chapter 17.10
 Personal Service Establishment P P P P P P P P P P P P
 Place of Worship P P P P P S S P P P P P P P P P P
 Private Recreation Facility P P P P P P P P P P
 Public Park P P P P P P P P P P P P P P P P P P P
 Public Safety Facility P P P P P P P P P P P P P P P P
 Public Works Facility P P P P P P
 Reception Facility S S S S S S S P P S S P P S Sec. 17.08.030.X
 Recreational Vehicle (RV) Park S S Sec. 17.08.030.F
 Research and Development P P P P P
 Residential Care Facility P P P P P P P P P P P P Sec. 17.08.030.Y
 Restaurant P P P P P P P P P P P P P
 Retail Goods Establishment P P P P P P P P P P P P P
 Retail Alcohol Sales P P S S P P
 Retail Sales of Fireworks P P Sec. 17.08.030.Z
 Salvage Yard S
 Self-Storage Facility: Enclosed S S P P P P Sec. 17.08.030.AA
 Self-Storage Facility: Outdoor P P S Sec. 17.08.030.AA
 Social Service Center P P P P P
 Solar Farm P P P S P Sec. 17.08.030.BB
 Specialty Food Service P P P P P P P P P
 Storage Yard - Outdoor P P Sec. 17.08.030.CC
 Truck Stop P P
 Vehicle Dealership - Enclosed P S P P S P
 Vehicle Dealership - with Outdoor S S S P
 Storage/Display
 Vehicle Operation Facility P P P


17 Attachment 1:3 Supp 13, Dec 2024
 DAVENPORT CODE



 PRINCIPAL USE R-1 R-2 R-3 R-4 R-MF R-MHP C-T C-1 C-2 C-3 C-C C-OP C-D C-V C-E I-1 I-2 I-MU AG OS IC USE STANDARD
 Vehicle Rental - Enclosed P S P P S P
 Vehicle Rental - with Outdoor S S S P
 Storage/Display
 Vehicle Repair/Service - Major S P P S Sec. 17.08.030.DD
 Vehicle Repair/Service - Minor P P P P P S Sec. 17.08.030.DD
 Warehouse P P
 Wholesale Establishment P P P S
 Wind Energy System S S S S S Sec. 17.08.030.EE
 Wine Bar S P P P P P P P
 Winery S
 Wireless Telecommunications S S S S S S S S S S S S S S S S S S S S S Sec. 17.08.030.FF
 Wireless Telecommunications - Stealth P P P P P P P P P P P P P P P P P P P P P Sec. 17.08.030.FF
 Design Antenna
 Wireless Telecommunications - DAS Co- P P P P P P P P P P P P P P P P P P P P P Sec. 17.08.030.FF
 Location
 Wireless Telecommunications - DAS New S S S S S S S S S S S S S S S S S S S S S Sec. 17.08.030.FF
 Pole
 TEMPORARY USE
 Farmers’ Market T T T T T T T T T T T T T T Sec. 17.08.040.A
 Real Estate Project Sales Office/Model Unit T T T T T T T T T T T T T T T T T T Sec. 17.08.040.B
 Temporary Cell On Wheels (COW) T T T T T T T T T T T T T T T T T T T T T Sec. 17.08.040.C
 Temporary Contractor Office and T T T T T T T T T T T T T T T T T T T T T Sec. 17.08.040.D
 Contractor Yard
 Temporary Outdoor Entertainment T T T T T T T T T T T T T T T T T T T Sec. 17.08.040.E
 Temporary Outdoor Sales (No Fireworks T T T T T T T T T T T T T T T T T T Sec. 17.08.040.F
 Stand)
 Temporary Outdoor Sales - Fireworks Stand T T Sec. 17.08.040.G
 Only
 Temporary Outdoor Storage Container T T T T T T T T T T T T T T T T T T T T T Sec. 17.08.040.H




17 Attachment 1:4 Supp 13, Dec 2024
 City of Davenport

Department: Community & Economic Development Action / Date
Contact Info: Bruce Berger | 563-326-7769 12/3/2025

Subject:
Resolution of support for the submission of an application to the State of Iowa High Quality
Jobs program through a partial property tax exemption for improvements to a manufacturing
facility, Electro Freeze, H.C. Duke and Sons, LLC, Petitioner. [Ward 8]

Recommendation:
Adopt the Resolution.

Background:
Electro Freeze, a division of H.C. Duke & Sons, LLC, is a global leader in frozen treat equipment.
For more than 107 years, the company has been a valued manufacturer in the Quad Cities.
Electro Freeze has approximately 169 employees and is currently based in East Moline. In 2003,
H.C. Duke & Sons was acquired by the Ali Group, an international food service equipment
manufacturer. Today, Electro Freeze serves customers worldwide through a robust distributor
network spanning North America, Europe, the Middle East, Africa, Asia, and Australia.

Having exceeded the capacity of its current facility, Electro Freeze requires additional
manufacturing space to meet increasing order volume and ensure continued operational
efficiency. Electro Freeze is evaluating potential improvements to an existing manufacturing
facility located at 8440 North Zenith Avenue in Davenport. The company is currently conducting
due diligence on the site and exploring incentive opportunities.

The project is seeking financing assistance through the State of Iowa High Quality Jobs
program, which is administered by the Iowa Economic Development Authority. As part of the
Company’s application to the State, the City is required to approve and provide a Resolution of
support detailing the financial incentive.

Proposed Project Overview

 • Estimated capital investment: $16.3 million
 • Construction Improvements: Upgrades to approximately 300,000 square feet of
 manufacturing and office space
 • Job Creation: 83 new positions


The City’s support for the project will be provided through the Urban Revitalization Tax
Exemption program. The building owner will apply for the exemption during the standard
application period in February of next year. In addition, the existing partial property tax savings
associated with the property will be passed along to the company through the lease.

Adoption of this Resolution confirms the following:

 1. Approval of City participation in the project with the support of Electro Freeze, a division
 of H.C. Duke & Sons, LLC, High Quality Jobs Program application.
 2. Authorizes the Mayor to sign the High Quality Jobs Program application and, pending
 approval of the project application by the Iowa Economic Development Authority Board,
 the associated High Quality Jobs contractual agreements for Electro Freeze, a division of
 H.C. Duke & Sons, LLC.


Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman Gripp.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION of support for the submission of an application to the State of Iowa High Quality Jobs
Program through a partial property tax exemption for improvements to a manufacturing facility
(Electro Freeze, H.C. Duke and Sons, LLC, Petitioner).

 WHEREAS, the project will have a capital investment of approximately $16.3 million and involve
upgrades to approximately 300,000 square feet of manufacturing and office space at 8440 North
Zenith Avenue in Davenport; and

WHEREAS, the company is conducting a site selection effort to choose a location to grow their
business; and

WHEREAS, the project involves the retention of approximately 169 employees and the creation of 83
new positions; and

WHEREAS, the State of Iowa High Quality Jobs program requires the City to adopt a resolution
supporting Electro Freeze’s application and identify the type of City support; and

WHEREAS, the building location is within the City’s Urban Revitalization Tax Exemption Program area,
and the building owner will apply for the exemption during the standard application period in February.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that support
Electro Freeze, H.C. Duke and Sons, LLC is hereby fully supported in submitting an application to the
State of Iowa High Quality Jobs program through a partial tax exemption for improvements to a
manufacturing facility.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Brian Schadt | 563-326-7923 12/3/2025

Subject:
First Consideration: Ordinance amending Schedule V Four-Way Stop Intersections of Chapter
10.96 entitled “Schedules” of the Municipal Code of Davenport, Iowa by adding East 3rd Street
at LeClaire Street. [Ward 3]

Recommendation:
Adopt the Ordinance.

Background:
When earlier studies were conducted to determine the appropriate traffic control for the
conversion of 3rd Street from one-way to two-way traffic, the intersection of East 3rd Street
and LeClaire Street was recommended to remain a two-way stop. Following the recent
conversion to two-way traffic, staff collected new traffic counts at this intersection. The updated
data show that traffic volumes on LeClaire Street have increased by approximately 60%
compared to previous counts.

This increase appears to be influenced by changes in travel patterns following the completion of
the roundabout at the Government Bridge, as well as by fewer federal employees working
remotely. Based on the new volumes, the intersection now meets the warrants for an all-way
stop.

Staff recommends installing a four-way stop at East 3rd Street and LeClaire Street.

Attachments:
1. Ordinance
 ORDINANCE NO. _________________

AN ORDINANCE AMENDING SCHEDULE V FOUR-WAY STOP INTERSECTIONS OF CHAPTER 10.96
ENTITLED “SCHEDULES” OF THE MUNICIPAL CODE OF DAVENPORT, IOWA BY ADDING EAST 3RD
STREET AND LECLAIRE STREET.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA:

Section 1. That Schedule V Four-Way Stop Intersections of Chapter 10.96 entitled “Schedules” of the
Municipal Code of Davenport, Iowa be and the same is hereby amended by adding the following.

East 3rd Street and LeClaire Street.

SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void,
then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall
be and remain in full force and effect, the same as if the ordinance contained no illegal or void
provisions.

REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.

EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and
publication as by law provided.

 First Consideration _____________________________

 Second Consideration _________________________

 Approved ________________________________

 Published in The Quad-City Times on ___________________________

 Attest:


_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Gary Statz | 563-326-7754 12/3/2025

Subject:
First Consideration: Ordinance amending Schedule VI Speed Limits of Chapter 10.96 entitled
“Schedules” of the Municipal Code of Davenport, Iowa by adding West 83rd Street from
Northwest Boulevard to its western terminus as a 30-mph speed zone. [Ward 2]

Recommendation:
Adopt the Ordinance.

Background:
West 83rd Street is a 41-foot-wide roadway located within an industrial area in northwest
Davenport. Historically, no regulatory speed limit has been posted along this corridor.

The most recent extension of West 83rd Street from Fairmount Street to North Zenith Avenue
was designed and constructed for 30 mph speed. Applying a posted speed limit that reflects this
design speed would help establish consistent and predictable travel speeds along the entire
corridor. This update will formalize an appropriate and design-supported speed limit on a
corridor where none has previously been posted, improving clarity and safety for all users.

Attachments:
1. Ordinance
 ORDINANCE NO. _________________

AN ORDINANCE AMENDING SCHEDULE VI SPEED LIMITS OF CHAPTER 10.96 ENTITLED
“SCHEDULES” OF THE MUNICIPAL CODE OF DAVENPORT, IOWA BY ADDING WEST 83RD STREET
TO ITS TERMINUS AS A 30-MPH SPEED ZONE.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA:

Section 1. That Schedule VI Speed Limits of Chapter 10.96 entitled “Schedules” of the Municipal Code
of Davenport, Iowa be and the same is hereby amended by adding the following as a 30-mph speed
zone.

West 83rd Street from Northwest Boulevard to its terminus.

SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void,
then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall
be and remain in full force and effect, the same as if the ordinance contained no illegal or void
provisions.

REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.

EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and
publication as by law provided.

 First Consideration _____________________________

 Second Consideration _________________________

 Approved ________________________________

 Published in The Quad-City Times on ___________________________

 Attest:


_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Finance Action / Date
Contact Info: Jamie Swanson | 563-326-7795 12/3/2025

Subject:
Motion approving beer and liquor license applications.

A. Annual license renewals (with outdoor area as noted):

Ward 3

Hotel Blackhawk (Innkeeper Hospitality Services, LLC) — 200 East 3rd Street - License Type:
Class C Liquor (On-Premises)

Ward 6

Steel Plow Burger (Steel Plow Burger II, LLC) — 1430 East 52nd Street #3 - Outdoor Area -
License Type: Class C Liquor (On-Premises)

Hy-Vee Food & Drugstore #3 (Hy-Vee, Inc) — 1823 East Kimberly Road - License Type: Class E
Liquor (Carry-Out)

Recommendation:
Pass the Motion.

Background:
These applications have been reviewed by the Police, Fire and Zoning Departments.

Attachments:
None
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution accepting work completed under the East Locust Street (Grand Avenue to Eastern
Avenue) Rehabilitation project by Hawkeye Paving Corporation of Davenport, Iowa in the
amount of $1,370,465.21, CIP #35061. [Ward 5]

Recommendation:
Adopt the Resolution.

Background:
This project was substantially completed in CY 2024, with signals and sod finish work being
completed in CY 2025. The scope of work for the project included: the replacement of 15 brick
sanitary sewer manholes, the replacement of traffic signals at the intersection of E. Locust and
Grand Avenue, and upgrades to the pedestrian crossing equipment at the intersection of E.
Locust and Bridge Avenue along with asphalt mill and overlay, curb repairs, and ADA-compliant
sidewalks at many street and alley intersecting corners.

The total project cost was $1,370,465.21 and was budgeted in CIP #35061.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the East Locust Street (Grand Avenue to Eastern
Avenue) Rehabilitation project by Hawkeye Paving Corporation of Davenport, Iowa in the amount of
$1,370,465.21, CIP #35061.

WHEREAS, the City entered into a contract with Hawkeye Paving Corporation of Davenport, Iowa for
the East Locust Street (Grand Avenue to Eastern Avenue) Rehabilitation project; and

WHEREAS, work of constructing the above-named project has been duly and fully completed by the
contractor in accordance with the terms of the contract; and

WHEREAS, the final cost of the contract was $1,370,465.21.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the East Locust Street (Grand Avenue to Eastern Avenue) Rehabilitation project by
Hawkeye Paving Corporation of Davenport, Iowa in the amount of $1,370,465.21 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Zach Peterson | 563-328-6709 12/3/2025

Subject:
Resolution accepting work completed under the Emeis Park Phase II | Adaptive and Inclusive
Playground project by Hawkeye Paving Corporation of Davenport, Iowa in the amount of
$677,694.27, CIP #ARP10. [Ward 1]

Recommendation:
Adopt the Resolution.

Background:
The installation of a new adaptive and inclusive playground at Emeis Park was approved as part
of the ARPA-funded capital improvement recommendations. Work under this contract included
site demolition and clearing, earthwork, installation of playground equipment, concrete paving,
installation of poured-in-place safety surfacing, and site restoration. Play equipment was
purchased via a separate contract.

Funding for this contract was from CIP #ARP10 | Neighborhood Parks - Play Features.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the Emeis Park Phase II | Adaptive and Inclusive
Playground project by Hawkeye Paving Corporation of Davenport, Iowa in the amount of $677,694.27,
CIP #ARP10.

WHEREAS, the City entered into a contract with Hawkeye Paving Corporation of Davenport, Iowa for
the Emeis Park Phase II | Adaptive and Inclusive Playground project; and

WHEREAS, the work of constructing the above-named project has been duly and fully completed by
the contractor in accordance with the terms of the contract; and

WHEREAS, the final cost of the contract was $677,694.27.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the Emeis Park Phase II | Adaptive and Inclusive Playground project by Hawkeye
Paving Corporation of Davenport, Iowa in the amount of $677,694.27 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution accepting work completed under the Bus Barn Charging project by Rock River
Electric, Inc of Colona, Illinois in the amount of $385,802, CIP #24035. [Ward 7]

Recommendation:
Adopt the Resolution.

Background:
This project extended sufficient electric power from Public Works’ main switch gear to the Bus
Barn to feed three new bus charging stations inside of the bus barn building. Charging
equipment provides the capacity to charge up to six electric buses simultaneously. Funding was
through a combination of Federal Transportation Administration maintenance funds and general
obligation bonds.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the Bus Barn Charging project by Rock River Electric,
Inc of Colona, Illinois in the amount of $385,802, CIP #24035.

WHEREAS, the City entered into a contract with Rock River Electric, Inc of Colona, Illinois for the Bus
Barn Charging project; and

WHEREAS, work of constructing the above-named project has been duly and fully completed by the
contractor in accordance with the terms of the contract; and

WHEREAS, the final cost of the contract was $385,802.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the Bus Barn Charging project by Rock River Electric, Inc of Colona, Illinois in the
amount of $385,802 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution accepting work completed under the Ridgeview Drive (Cedar Street to Pacific Street)
Reconstruction project by Five Cities Construction Company of Coal Valley, Illinois in the
amount of $376,605.67, CIP #35061. [Ward 8]

Recommendation:
Adopt the Resolution.

Background:
This project reconstructed Ridgeview Drive from Cedar Street to Pacific Street. Work included
new paving, curbs, sidewalks, ADA ramps, drive approaches, and signage.

The total cost of the project was $374,921.78 which was budgeted in CIP #35061.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the Ridgeview Drive (Cedar Street to Pacific Street)
Reconstruction project by Five Cities Construction Company of Coal Valley, Illinois in the amount of
$374,921.78, CIP #35061.

WHEREAS, the City entered into a contract with Five Cities Construction Company of Coal Valley,
Illinois for the Ridgeview Drive (Cedar Street to Pacific Street) Reconstruction project; and

WHEREAS, work of constructing the above-named project has been duly and fully completed by the
contractor in accordance with the terms of the contract.

WHEREAS, the final cost for the project was $374,921.78.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the Ridgeview Drive (Cedar Street to Pacific Street) Reconstruction project by Five
Cities Construction Company of Coal Valley, Illinois in the amount of $374,921.78 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution accepting work completed under the 2025 Sidewalk and ADA Ramp Program by Kelly
Construction of Davenport, Iowa in the amount of $349,897.54, CIP #28024 & 28028. [Wards
1, 2, 4, 5, 6, 7, & 8]

Recommendation:
Adopt the Resolution.

Background:
This program is a combination of the annual sidewalk and ADA ramp repair contracts, including
the residential cost share program, repair of sidewalks that generated complaints, removal and
replacement of sidewalks where boulevard trees had cause non-compliance, and repair or
installation of ADA ramps throughout the city. Contracts were awarded to three separate
contractors and each bid contained pricing for two years (optional renewable contract if funding
allows and both parties agree).

Kelly Construction was one of the awarded contractors. In 2025, Kelly Construction completed
$349,897.54 worth of work at 102 distinct address locations.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the 2025 Sidewalk and ADA Ramp Program by Kelly
Construction of Davenport, Iowa in the amount of $349,897.54, CIP #28024 & #28028.

WHEREAS, the City entered into a contract with Kelly Construction of Davenport, Iowa for the 2025
Sidewalk and ADA Ramp Program; and

WHEREAS, this is a one-year contract renewable for one additional year if both parties agree; and

WHEREAS, sidewalks, curbs, and curb ramps at 102 unique address locations were repaired or
replaced; and

WHEREAS, work of constructing the above-named project has been duly and fully completed by the
contractor in accordance with the terms of the contract; and

WHEREAS, the final cost for Year 1 of the contract was $349,897.54.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the 2025 Sidewalk and ADA Ramp Program by Kelly Construction of Davenport, Iowa
in the amount of $349,897.54 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution accepting work completed under the 2025 Sidewalk and ADA Ramp Repair Program
by Leveraged Services, LLC of Bettendorf, Iowa in the amount of $240,788.27, CIP #28024 &
#28028. [Wards 3, 4, 5, & 6]

Recommendation:
Adopt the Resolution.

Background:
This program is a combination of the annual sidewalk and ADA ramp repair contracts, including
the residential cost share program, repair of sidewalks that generated complaints, removal and
replacement of sidewalks where boulevard trees had cause non-compliance, and repair or
installation of ADA ramps throughout the city. Contracts were awarded to three separate
contractors and each bid contained pricing for two years (optional renewable contract if funding
allows and both parties agree).

Leveraged Services LLC was one of the awarded contractors. In 2025, Leveraged Services
completed $240,788.27 worth of work at 72 distinct address locations.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the 2025 Sidewalk and ADA Ramp Program by
Leveraged Services, LLC of Bettendorf, Iowa in the amount of $240,788.27, CIP #28024 & #28028.

WHEREAS, the City entered into a contract with Leveraged Services, LLC of Bettendorf, Iowa for the
2025 Sidewalk and ADA Ramp Program; and

WHEREAS, this is a one-year contract renewable for one additional year if both parties agree; and

WHEREAS, sidewalks, curbs, and curb ramps at 72 unique address locations were repaired or replaced;
and

WHEREAS, work of constructing the above-named project has been duly and fully completed by the
contractor in accordance with the terms of the contract; and

WHEREAS, the final cost for Year 1 of the contract was $240,788.27.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the 2025 Sidewalk and ADA Ramp Program by Leveraged Services, LLC of Bettendorf,
Iowa in the amount of $240,788.27 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution accepting work completed under the Dubuque Street (East 29th Street to East 32nd
Street) Mill and Overlay project by Taylor Ridge Paving & Construction of Andalusia, Illinois in
the amount of $218,328.88, CIP #35062. [Ward 7]

Recommendation:
Adopt the Resolution.

Background:
This project was completed on East Dubuque Street between East 29th Street and East 32nd
Street. The project consisted of asphalt milling and overlay, ADA-compliant curb ramps,
roadway patching, and curb and gutter repairs.

The total cost of the contract was $218,328.88 and was budgeted in CIP #35062.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the Dubuque Street (East 29th Street to East 32nd
Street) Mill and Overlay project by Taylor Ridge Paving & Construction of Andalusia, Illinois in the
amount of $218,328.88, CIP #35062.

WHEREAS, the City entered into a contract with Taylor Ridge Paving & Construction of Andalusia,
Illinois for the Dubuque Street (East 29th Street to East 32nd Street) Mill and Overlay project; and

WHEREAS, work of constructing the above-named project has been duly and fully completed by the
contractor in accordance with the terms of the contract; and

WHEREAS, the final cost of the contract was $218,328.88.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the Dubuque Street (East 29th Street to East 32nd Street) Mill and Overlay project
by Taylor Ridge Paving & Construction of Andalusia, Illinois in the amount of $218,328.88 is hereby
accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution accepting work completed under the West Lombard Court Reconstruction project by
Ihrig Works, LLC of Long Grove, Iowa in the amount of $217,984.90, CIP #35062. [Ward 1]

Recommendation:
Adopt the Resolution.

Background:
The deteriorated condition of the West Lombard Court pavement required the removal and
replacement of the concrete roadway along with installation of rock base and underdrains.
Concrete driveway aprons were also removed and replaced.

The total cost of the project was $217,984.90 which was budgeted in CIP #35062.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the West Lombard Court Reconstruction project by
Ihrig Works, LLC of Long Grove, Iowa in the amount of $217,984.90, CIP #35062.

WHEREAS, the City entered into a contract with Ihrig Works, LLC of Long Grove, Iowa for the West
Lombard Court Reconstruction project; and

WHEREAS, work of constructing the above-named project has been duly and fully completed by the
contractor in accordance with the terms of the contract; and

WHEREAS, the final cost of the contract was $217,984.90.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that work
completed under the West Lombard Court Reconstruction project by Ihrig Works, LLC of Long Grove,
Iowa in the amount of $217,984.90 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Ron Hocker | 563-327-5169 12/3/2025

Subject:
Resolution accepting work completed under the CY 2025 Pedestrian Curb Ramp Retrofit
Program by Leveraged Services, LLC of Bettendorf, Iowa in the amount of $166,391, CIP
#35066. [All Wards]

Recommendation:
Adopt the Resolution.

Background:
Sidewalks at intersections altered by the City’s in-house asphalt resurfacing crew must be
retrofitted to bring them into compliance with the Americans with Disabilities Act and Public
Right-of-Way Accessibility Guidelines codes. This program is to retrofit pedestrian curb ramps
by contract.

All work performed under this contract has been satisfactorily completed by Leveraged Services,
LLC of Bettendorf, Iowa with a final cost of $166,391 budgeted in CIP #35066.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION accepting work completed under the CY 2025 Pedestrian Curb Ramp Retrofit Program
by Leveraged Services, LLC of Bettendorf, Iowa in the amount of $166,391, CIP #35066.

WHEREAS, the City entered into a contract with Leveraged Services, LLC of Bettendorf, Iowa for the
CY 2025 Pedestrian Curb Ramp Retrofit Program; and

WHEREAS, work performed under the above-named program has been duly and fully completed by
the contractor in accordance with the terms of the contract; and

WHEREAS, the final cost of the contract was $166,391.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Davenport, Iowa that work
completed under the CY 2025 Pedestrian Curb Ramp Retrofit Program by Leveraged Services, LLC of
Bettendorf, Iowa in the amount of $166,391 is hereby accepted.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution awarding a contract for the Occupational Health and Wellness Clinic project to Bush
Construction Company, Inc of Davenport, Iowa in the amount of $738,680, CIP #60042. [Ward
7]

Recommendation:
Adopt the Resolution.

Background:
An Invitation to Bid was issued on October 21, 2025, and sent to contractors. On November 17,
2025, the Purchasing Division opened and read nine (9) bids. The architect consultant for the
project and City staff reviewed the project requirements and scope with the lowest bidder. Bush
Construction Company, Inc of Davenport, Iowa was determined to be the lowest responsive
and responsible bidder and is recommended for award.

The project consists of the renovation of the existing CitiBus Transit offices into the City of
Davenport's Occupational Health and Wellness Clinic. The project includes the addition of
offices, exam rooms, restrooms, a PT room, a conference room, and a new waiting and
reception area as well as other accessory spaces.

This contract is funded through CIP #60042 | Total Wellness Center.

Attachments:
1. Resolution
2. Bid Tab
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION awarding a contract for the Occupational Health and Wellness Clinic project to Bush
Construction Company, Inc of Davenport, Iowa in the amount of $738,680, CIP #60042.

WHEREAS, the City needs to contract for the Occupational Health and Wellness Clinic project; and

WHEREAS, Bush Construction Company, Inc of Davenport, Iowa was the lowest responsive and
responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that a contract
for the Occupational Health and Wellness Clinic project is hereby awarded to Bush Construction
Company, Inc of Davenport, Iowa in the amount of $738,680.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution awarding a contract for engineering services for the PROTECT | Mound and River
Drive Flood Mitigation project to HR Green, Inc of Cedar Rapids, Iowa for an amount not to
exceed $251,872.07, subject to Iowa Department of Transportation concurrence, CIP #68025.
[Ward 5]

Recommendation:
Adopt the Resolution.

Background:
Earlier this year, the City began designing a flood-mitigation project located at the intersection
of East River Drive and Mound Street. The original project scope involved raising portions of
East River Drive to prevent floodwaters from entering the storm sewer system and causing
roadway closures. HDR Engineering was hired to design this scope of work based on an initial
construction estimate of approximately $2 million.

During preliminary design and hydraulic evaluation, it was determined that achieving this
outcome would require raising certain segments of the roadway by more than 4.5 feet—
substantially higher than originally anticipated. These elevation changes increased project
complexity, introduced significant challenges related to roadway tie-ins, access management,
and utilities, and resulted in a revised construction estimate of approximately $5.5 million. Given
these increased costs and complications, City staff reassessed the feasibility of the road-raise
concept.

Following this reassessment, the City has identified a more technically effective and financially
responsible solution: targeted storm sewer improvements. This approach eliminates the need to
elevate the roadway and instead focuses on preventing Mississippi River backflow into the
storm sewer system, addressing the primary mechanism of flooding at this location.

This new scope of work includes:

 • Rerouting storm sewer lines and intakes to prevent backflow during high-water events.
 • Installing a large-scale gatewell structure to isolate the storm sewer system from the
 Mississippi River.


This method is a proven strategy already implemented at West River Drive and Marquette
Street and along East River Drive between 3rd Street and Carey Avenue. With a conceptual cost
estimate of approximately $2.8 million, this approach provides substantial cost savings
compared to the revised road-raise estimate while fulfilling the original intent of the PROTECT
grant application.
The storm-sewer improvement alternative offers multiple advantages:

 • Directly addresses the primary source of flooding, providing a more effective mitigation
 strategy than roadway elevation.
 • Reduces construction complexity, shortens the timeline, and minimizes community
 disruption.
 • Improves fiscal responsibility, cutting costs nearly in half compared to the updated road-
 raise estimate.
 • Avoid major vertical changes to a state highway that carries between 12,550 and 19,000
 average daily vehicles. This reduces the likelihood of necessary road closures during
 construction, which would have been required under the original concept.
 • Maintains PROTECT grant intentions, supporting long-term transportation system
 resilience and reducing flood-related closures.


Because the scope of work has significantly changed, a new engineering design contract is
required to develop plans and specifications for the storm-sewer-focused approach. City staff
recommends contracting with HR Green, a firm with demonstrated success designing
comparable system-isolation and flood-protection projects in Davenport.

The agenda item before the City Council authorizes this new contract and enables the City to
advance the revised project scope.

For full context, the City of Davenport, in partnership with FHWA, is implementing multiple
flood-mitigation projects under the PROTECT Resilience Improvement Grant Program, in which
the city was awarded $13.1 million for this work. These projects support the creation of a
reliable permanent flood detour route, enabling safe, continuous travel during high-water
events. The detour system will utilize West River Drive, Rockingham Road, Marquette Street,
and 3rd/4th Streets, connecting to East River Drive and maintaining mobility throughout
Mississippi River stages up to approximately 22 feet.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION awarding a contract for engineering services for the PROTECT | Mound and River Drive
Flood Mitigation project to HR Green, Inc of Cedar Rapids, Iowa for an amount not to exceed
$251,872.07, subject to Iowa Department of Transportation concurrence, CIP #68025.

WHEREAS, the City has been awarded a Resilience Improvement Grant from the United States
Department of Transportation’s Promoting Resilient Operations for Transformative, Efficient, and Cost-
saving Transportation (PROTECT) Program for flood mitigation projects; and

WHEREAS, the City needs to contract engineering services for the Mound and River Drive Flood
Mitigation project; and

WHEREAS, HR Green, Inc of Cedar Rapids, Iowa will best fit the City’s needs to provide survey, design,
permitting, and construction documents for this project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that a contract
for engineering services for the PROTECT | Mound and River Drive Flood Mitigation project is hereby
awarded to HR Green, Inc of Cedar Rapids, Iowa for an amount not to exceed $251,872.07, subject
to Iowa Department of Transportation concurrence.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolutions approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for a temporary construction easement associated
with the PROTECT | 2nd and Gaines Flood Mitigation project, CIP #35067. [Ward 3]

Recommendation:
Adopt the Resolution.

Background:
The City of Davenport, in partnership with the Federal Highway Administration (FHWA), has
initiated a series of projects designed to enhance the reliability of the City’s transportation
network by reducing roadway closures and detours caused by Mississippi River flooding.

This proposed project, located at the referenced intersection and surrounding area, involves
elevating the roadway to remain passable up to Mississippi River stage 22. When combined with
other ongoing and targeted flood-mitigation projects, this improvement is integral to
establishing a permanent flood-detour route. The planned detour will begin on the west side of
the community at the intersection of Interstate 280 and U.S. Business 61 (West River Drive),
continue to Rockingham Road, transition to Marquette Street, and proceed to 4th Street, with
3rd Street serving as an alternate route. Both 3rd and 4th Streets connect to East River Drive,
which is expected to remain accessible to the eastern city limits up to Mississippi River stage 22.

To complete this project, the City must acquire one construction easement due to the necessary
sidewalk reconstruction resulting from the modification of the roadway grade along the
property. The City’s acquisition consultant, JCG Land Services Inc, has contacted all affected
property owners and is actively engaged in negotiations on the City’s behalf. The City’s
objective—consistent with all acquisition efforts—is to reach voluntary agreements with
property owners based on established valuations and any applicable site conditions. While
condemnation authority exists should negotiations fail, pending City Council approval, it is not
anticipated at this time.

All acquisition activities will be conducted in accordance with the federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act (Uniform Act) and Iowa Code Chapter 6B.

The project is being designed by Shive-Hattery Inc and is currently at approximately 70%
completion (check-plan stage). All exhibits included with this Resolution are based on
preliminary design documents and are subject to revision as the design is finalized.

Attachments:
1. Resolution
2. Preliminary Acquisition Exhibit
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for a temporary construction easement associated with the
PROTECT | 2nd and Gaines Flood Mitigation project, CIP #35067.

WHEREAS, City Council has authorized the PROTECT | 2nd and Gaines Flood Mitigation project in the
Capital Improvements Program and budgeted money for said project; and

WHEREAS, this project requires that an additional temporary construction easement be acquired in
accordance with the design plans and the associated construction for said project; and

WHEREAS, Section 6B.2C of the Code of Iowa requires that the governing body specifically provide
and confer prior authority and approval to the acquiring agency to condemn and/or commence with
the condemnation proceedings associated with such public improvement project; and

WHEREAS, by passing this Resolution, in accordance with Section 6A.5 of the Code of Iowa, authority
and approval is automatically conferred, unless otherwise declared, upon the acquiring agency to also
purchase property at its fair market value for rights-of-way and/or easements necessary for this
project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the use
of condemnation and commencement of condemnation proceedings, if necessary, for a temporary
construction easement associated with the PROTECT | 2nd and Gaines Flood Mitigation project is
hereby authorized and approved.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 PROPERTY IMPACT DETAIL

 36+56.47
 LEGEND
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 EXISTING ROW
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 GERMAN AMERICAN 712 W 2ND ST,
 1 L0004-50A 383 CONSTRUCTION
 HERITAGE CENTER DAVENPORT, IA 52802
 EASEMENT


 36+00




 DTREE


 25+00


 35+
 EXISTING RIGHT-OF-WAY 00
 DTREE
 EXISTING RIGHT-OF-WAY

 GERMAN AMERICAN SINCLAIR DEVELOPMENT
 GREENSWAG LLC HERITAGE CENTER GROUP LLC
 724 W 2ND ST 712 W 2ND ST 606 W 2ND ST




 24+00 .0'
 180
 00
 TEMPORARY 34+
 CONSTRUCTION T
 EASEMENT #1 - 383 SF SS
 12" INE




C:\Users\zhowell\DC\ACCDocs\Shive-Hattery, Inc-\2240016730 Gaines St and W 2nd St\Project Files\Shive-Hattery\1_Civil\H.01 Right-of-Way Sheets.dwg
 GA



 12"

 30.0'
 39"


 31"
 23+00
 12"

 33+
 00


 11+00 12+00 13+00 16+00 16+50.46
 9+00 10+00 15+00
 14+00

 W 2ND ST W 2ND ST




 12"

 22+00
 IOWA DEPARTMENT 0
 IOWA DEPARTMENT
 OF TRANSPORTATION 32+0
 OF TRANSPORTATION EXISTING RIGHT OF WAY
 12"


 CITY OF DAVENPORT
 12"


 BROWN ST
 MFN INVESTMENTS LLC DAVENPORT 601 LLC
 627 W 2ND ST 601 W 2ND ST


 12"
 IOWA DEPARTMENT
 OF TRANSPORTATION

 LE CONG T

 21+00
 732 W RIVER DR
 31+00




 GAINES ST




 20+00
 CRAWFORD
 30+00
 HOLDINGS LLC
 110 GAINES ST

 LE CONG T
 732 W RIVER DR




 S-H PROJECT NO. 2240016730 SHIVE-HATTERY GAINES STREET & 2ND STREET INTERSECTION IMPROVEMENTS SCOTT PROJECT NUMBER:HDP-1827(703)--71-82 RIGHT-OF-WAY SHEETS SHEET NUMBER H.01
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for rights-of-way and easements associated with the
PROTECT | Marquette and 2nd Flood Mitigation project, CIP #68025. [Ward 4]

Recommendation:
Adopt the Resolution.

Background:
The City of Davenport, in partnership with the Federal Highway Administration (FHWA), has
initiated a series of projects designed to enhance the reliability of the City’s transportation
network by reducing roadway closures and detours caused by Mississippi River flooding.

This proposed project is located from approximately 200’ west of Sturdevant Street to
approximately 100’ east of Marquette Street and Marquette Street from approximately 125’
south of 2nd Street to approximately 125’ north of 4th Street. Work involves elevating the
roadway to remain passable up to river flood stage 22. Additional work includes reconstruction
at and adjacent to intersections of Sturdevant Street, Washington Street, Filmore Street, and
Taylor Street. When combined with other ongoing and targeted flood-mitigation projects, this
improvement is integral to establishing a permanent flood-detour route. The planned detour will
begin on the west side of the community at the intersection of Interstate 280 and U.S. Business
61 (West River Drive), continue to Rockingham Road, transition to Marquette Street, and
proceed to 4th Street, with 3rd Street serving as an alternate route. Both 3rd and 4th Streets
connect to East River Drive, which is expected to remain accessible to the eastern city limits up
to Mississippi River flood stage 22.

To complete this project, the City must acquire 32 construction easements, 19 permanent
easements, and 10 right-of-way parcels due to storm intake construction, sidewalk
modifications, grading, driveway reconstruction, and the ADA improvements required as a result
of the roadway reconstruction and associated grade changes along the mentioned properties.
The City’s acquisition consultant, Ulteig Operations, has contacted all affected property owners
and is actively engaged in negotiations on the City’s behalf. The City’s objective—consistent
with all acquisition efforts—is to reach voluntary agreements with property owners based on
established valuations and any applicable site conditions. While condemnation authority exists
should negotiations fail, pending City Council approval, it is not anticipated at this time.

Pursuant to Iowa Code Chapter 6B, a Public Hearing is required before the City may proceed
with the acquisition of these property interests. All acquisition activities will be conducted in
accordance with the federal Uniform Relocation Assistance and Real Property Acquisition
Policies Act (Uniform Act).

The project is being designed by HR Green, Inc, and is currently at approximately 50%
completion (preliminary-plan stage). All exhibits included are based on preliminary design
documents and are subject to revision as the design is finalized.

Attachments:
1. Resolution
2. Preliminary Acquisition Exhibit
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for rights-of-way and easements associated with the
PROTECT | Marquette and 2nd Flood Mitigation project, CIP #68025.

WHEREAS, City Council has authorized the Protect – Marquette and 2nd Flood Mitigation Project in
the Capital Improvements Program and budgeted money for said project; and

WHEREAS, this project requires that additional rights-of-way and easements be acquired in
accordance with the design plans and the associated construction for said project; and

WHEREAS, Section 6B.2C of the Code of Iowa requires that the governing body specifically provide
and confer prior authority and approval to the acquiring agency to condemn and/or commence with
the condemnation proceedings associated with such public improvement project; and

WHEREAS, by passing this Resolution, in accordance with Section 6A.5 of the Code of Iowa, authority
and approval is automatically conferred, unless otherwise declared, upon the acquiring agency to also
purchase property at its fair market value for rights-of-way and/or easements necessary for this
project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the use
of condemnation and commencement of condemnation proceedings, if necessary, for a temporary
construction easement associated with the PROTECT | Marquette and 2nd Flood Mitigation project is
hereby authorized and approved.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 15 21 16
 9+
 00
 CATHRINE L. 8'
 8' TROY E. SOUNTRIS
 ALLEY VANOVER


 52 SF (0.001 AC) Proposed Temporary
 Construction Easement

 17


 13

 THOMAS KLEMME

 341 SF (0.008 AC) Proposed Temporary ST 53
 MALWA, LLC. .5'
 Construction Easement NT

 DE
 10
 VA '
 18
 647 SF (0.01 AC) Proposed
 ST
 Permanent Easement UR 19
 KLEMME
 3831 SF (.09 AC) Proposed Temporary 34 PERFORMANCE, INC. 20
 .2'
 LYNDA J.
 Construction Easement
 10 NORMAN
 ' 20
 ' EARL D. SCHAFER 21
 13
 218+ 6'
 12
 00 78. ERIC A.

 FOR THE LOVE OF MALWA, LLC. MURPHY


 20'
 MENTAL HEALTH
 27
 AN IOWA NON-PROFIT '
 10'
 30
 CORPORATION .4' 5'



 0+ 00
 1916
 .'

 28' 15'


 20'
 219
 .'
 200 SF (0.005 AC) Proposed
 10'
 3899 SF (0.09 AC) Temporary
 Permanent Easement
 Construction Easement
 225 SF (0.005 AC) Proposed
 Right-of-Way

 305 SF (0.007 AC) Proposed
 NGHAM RD
 ROCKI
 Right-of-Way

 6 SF (0.001 AC) Proposed
 Right-of-Way 62'
 3368 SF (0.078 AC) Proposed
 8' 72' Permanent Easement




 3'
 15.
 20'


 00 134
 7+
 .
 1'

 2'
 21
 .
 101

 9 25'
 168
 ' 81.
 1' .
 1'
 30

 CITY OF DAVENPORT
 136
 .
 3'

 14
 5111 SF (0.18 AC)
 Permanent Easement

 3'
 RYAN BENJAMIN
 10
 2155 SF (0.05 AC) Proposed
 2'
 25722 SF (0.59 AC) Temporary
 .
 Permanent Easement
 ST 96 Construction Easement

 NT

 VA
 DE
 3746 SF (0.09 AC) Temporary
 27
 Construction Easement

 UR
 RIGHT-OF-WAY AND EASEMENT LEGEND MIDAMERICAN
 ST GLASS, INC.
 Right-of Way / Parcel Line 00
 6+
 21
 Proposed Temporary Easement

 Proposed Permanent Easement
 '
 70
 Proposed Right-of-Way


 Proposed Right-of-Way Symbol


 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O

 Proposed Permanent Easement FEET


 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. SCOTT COUNTY PROJECT NUMBER HDP-1827(705)--71-82 SHEET NUMBER H.1
3:11:25 PM 10/3/2025 lauren.harpenau
 \\hrgreen.com\HRG\Data\2024\2403621\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403621_Z11.dgn
 29




 25 NGUYEN, INC.



 JOYCE D. STINOCHER
 325
 +00
 N S
 T

 G TO


 SH I
 ALLEY

 N
 W A




 ALLE
 22


 Y
 32

 31
 DONTELL WOMMACK
 ADAM ANDERSON
 1145 SF (0.03 AC) Temporary JOYCE D. STINOCHER
 24 AND
 83'
 23 30
 Construction Easement AND
 KELSEY ANDERSON
 JEFF J. WENDEL WILLIAM D. STINOCHER
 5' JOYCE D.
 AND JOYCE D. STINOCHER
 71' STINOCHER
 SYNTHIA J. WENDEL
 54.2'
 1118 SF (0.03 AC) Temporary 324 5'
 +00
 Construction Easement 89'
 77.7' 100 SF (0.002 AC) Proposed
 Permanent Easement 30' 36'
 35'
 10' 30'
 154'
 20'
 91'

 15'
 15' 9' 10'
 10'
 10'
 4'



 3515 SF (0.08 AC) Temporary
 Construction Easement 3580 SF (0.08 AC) Proposed
 Permanent Easement
 3368 SF (0.078 AC) Proposed 2084 SF (0.05 AC) Temporary
 Permanent Easement ROCKI
 NGHAM RD Construction Easement 20 SF (0.0004 AC) Proposed
 ROCKINGHAM RD
 Right-of-Way




 Existing Right-of-Way




 15' 10'
 20' 19.
 1'
 75.8'
 168.1'

 233.6' 40'
 136.3'



 218'
 27



 MIDAMERICAN 25722 SF (0.59 AC) Temporary
 GLASS, INC. 28
 Construction Easement 190 SF (0.004 AC) Proposed
 Permanent Easement
 MCDXLI, LLC




 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement

 Proposed Right-of-Way


 Proposed Right-of-Way Symbol


 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O

 Proposed Permanent Easement FEET


 For Information Only

 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. SCOTT COUNTY PROJECT NUMBER HDP-1827(705)--71-82 SHEET NUMBER H.2
3:11:33 PM 10/3/2025 lauren.harpenau
 \\hrgreen.com\HRG\Data\2024\2403621\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403621_Z11.dgn
 ALLEY




 E ST


 FILM

 33 37
 OR

 NESTLE PURINA
 THE FAMILY
 PETCARE
 CREDIT UNION
 COMPANY


 431+
 00
 35


 NESTLE PURINA 101 SF (0.002 AC) Proposed
 PETCARE Right-of-Way
 COMPANY 36
 39
 11319 SF (0.26 AC) Temporary

 NESTLE PURINA
 Construction Easement
 34 5'
 PETCARE COMPANY NESTLE PURINA
 ADAM ANDERSON PETCARE COMPANY
 AND 5415 SF (0.12 AC) Temporay 202'
 19'
 10'
 KELSEY ANDERSON Construction Easement
 10'


 0+ 00
89' 159' 20' 12'

 5' 3' 11'
 10'

 30' 10' 30'
 20'
 20 SF (0.0004 AC) Proposed
 Right-of-Way
 100 SF (0.002 AC) Proposed
 Permanent Easement
 50 SF (0.001 AC) Proposed
 Permanent Easement 2ND
 ST


 3580 SF (0.08 AC) Proposed
 Permanent Easement
 D
 NGHAM R
 ROCKI Existing Right-of-Way




 2655
 .'
 5' 111. 15'
 4'



 10'
 10'
 58'
 35'
 1419 SF (0.03 AC) Temporary
 38 Construction Easement


 NESTLE PURINA 150 SF (0.003 AC) Proposed
 1374
 .'
 PETCARE COMPANY
 Permanent Easement



 5535 SF (0.13 AC) Temporary
 Construction Easement




 579 SF (0.01 AC) Proposed
 Permanent Easement



 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement

 Proposed Right-of-Way


 Proposed Right-of-Way Symbol


 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O

 Proposed Permanent Easement FEET


 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. SCOTT COUNTY PROJECT NUMBER HDP-1827(705)--71-82 SHEET NUMBER  H.3
 12:02:41 PM 10/3/2025 lauren.harpenau
 \\hrgreen.com\HRG\Data\2024\2403621\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403621_Z11.dgn
 ALLEY



 ALLEY




 1207 SF (0.03 AC) Temporary
 Construction Easement




 118' 3'
 122.
 42
 39

 45
 NESTLE PURINA
 NESTLE PURINA
 PETCARE COMPANY
 PETCARE COMPANY 0' TODD C. DOSS
 1
 AND
 '




 TAYLO R ST
 15
 PEBBLE S. DOSS




 376
 .'
 3857 SF (0.09 AC) Proposed
 Permanent Easement
 3352 SF (0.08 AC) Temporary
 425.1' Construction Easement 134.8'
 16' 375
 .'
 975 SF (0.02 AC) Proposed
 Permanent Easement 40'
 61'



 1'
 26.
 145'
 30'

 15'
 20' 15' 13' 12'


 6' 5'



 34 SF (0.0008 AC) Proposed
 38 SF (0.0009 AC) Proposed
 Right-of-Way
 2ND ST Right-of-Way
 2ND ST




 15'
 20'

 557.3' 35'
 15'
 38


 43
 NESTLE PURINA
 PETCARE COMPANY NESTLE PURINA 44

 PETCARE COMPANY
 12208 SF (0.28 AC) Temporary MIDAMERICAN

 Construction Easement ENERGY COMAPNY




 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement

 Proposed Right-of-Way


 Proposed Right-of-Way Symbol


 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O
 FEET
 Proposed Permanent Easement

 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. SCOTT COUNTY PROJECT NUMBER HDP-1827(705)--71-82 SHEET NUMBER H.4
12:02:48 PM 10/3/2025 lauren.harpenau
 \\hrgreen.com\HRG\Data\2024\2403621\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403621_Z11.dgn
 5'
 ALLEY ALLEY
 18'


 114SF(
 0 .
 003 AC)Proposed
 Perma 5' 6'
 nentEasement 25' 26'




 403SF(
 0 .
 009 AC)Proposed
 Ri
 ght-
 o 18'




 M ARQ U ETTE ST
 f-
 Way

 87.
 1'
 641+00 51



 15'
 BRADLEY HOLDINGS, LLC.




 1563 SF (0.04 AC) Temporary
 45

 57'
 30'
 Construction Easement
  TODD C. DOSS

 113.9'
 47
 AND
 PEBBLE S. DOSS 1205SF(
 0 .
 03 AC)Propos
 TODD C. DOSS ed 50
 46
 AND Ri
 ght-
 of-
 Way49
 NESTLE PURINA PEBBLE S. DOSS A HANA
 PROPERTY MAINTENANCE ILLOWA, LLC
 PETCARE COMPANY
 SERVICES, LLC. (DEED)
 16' AND AND
 MICHAEL A. INGLEBY BEAHIVE
 11'
 5728 SF (0.13 AC) Temporary PROPERTIES, LLC.
 Construction Easement 490 SF (0.01 AC) Temporary
 20' (CONTRACT)
 Construction Easement


 131' 49' 5'
 640+00 20'
 10'
 10'
 10'
 27.2' 25.7'


 50 SF (0.001 AC) Proposed
 Permanent Easement
 2ND ST
 829 SF (0.02 AC) Proposed
 2ND ST Permanent Easement




 3830 SF (0.09 AC) Proposed
 Exi
 sti
 ng Ri
 ght-
 of-
 Way
 Permanent Easement

 99.3'


 10'
 20'



 15.
 4'
 991 SF (0.02 AC) Proposed
 192'
 10' Permanent Easement

 639+00 150 SF (0.003 AC) Temporary
 Construction Easement

 44 48




 M ARQ U ETTE ST
 MIDAMERICAN MIDAMERCIAN
 ENERGY COMAPNY ENERGY COMPANY



 12208 SF (0.28 AC) Temporary
 Construction Easement



 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement

 Proposed Right-of-Way


 Proposed Right-of-Way Symbol
 638+00
 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O

 Proposed Permanent Easement FEET


 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. SCOTT COUNTY PROJECT NUMBER HDP-1827(705)--71-82 H.5
 SHEET NUMBER

12:02:56 PM 10/3/2025 lauren.harpenau
 \\hrgreen.com\HRG\Data\2024\2403621\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403621_Z11.dgn
 55



 COBBLESTONE
 PLACE, LLC.




 52



 NESTLE PURINA
 PETCARE COMPANY




ALLEY


 335 SF (0.008 AC) Temporary 56

 Construction Easement
 61
 5' RUSSELL L.
 15' THOMAS
 41'
 MARCUS RYAN BRAND
 197 SF (0.005 AC) Temporary
 AND
 Construction Easement

 1'
 22.



 642+00 643+00 644+00 645+00 646+00 647+00
 400 SF (0.009 AC) Temporary KELLY L. BRAND

 Construction Easement

 5'
 80.1'


 15' 15'
 59'



 1'



 2029 SF (0.05 AC) Proposed
 Permanent Easement


 92SF(
 0 .
 002 AC)Proposed
 Ri
 ght-
 of-
 Way


 27 SF (0.001 AC) Proposed
 Right-of-Way

 5'

 13'
 63
 57 64
 20'
 675
 .'

 PAMELA J.
 SV INVESTMENTS, 62
 CASTLE LILA, LLC.

 2'
 38.
 728
 .' LLP.
 5'
 5' MATTHEW
 MCFADDEN

 53

 2085 SF (0.05 AC) Temporary
 Construction Easement GERALD G. WEST 58

 TRUST

 NGUYEN, INC.




 RIGHT-OF-WAY AND EASEMENT LEGEND

 59
 Right-of Way / Parcel Line


 54 Proposed Temporary Easement
 SIMON COTRAN
 Proposed Permanent Easement

 COLLINS HOLDINGS, LLC.
 Proposed Right-of-Way

 60 Proposed Right-of-Way Symbol


 GERALD Existing Right-of-Way
 CEDILLO
 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O
 FEET
 Proposed Permanent Easement

 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. SCOTT COUNTY PROJECT NUMBER HDP-1827(705)--71-82 SHEET NUMBER H.6
 12:03:04 PM 10/3/2025 lauren.harpenau
 \\hrgreen.com\HRG\Data\2024\2403621\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403621_Z11.dgn
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for rights-of-way and easements associated with the
PROTECT | 3rd and LeClaire project, CIP #35067. [Ward 3]

Recommendation:
Adopt the Resolution.

Background:
The City of Davenport, in partnership with the Federal Highway Administration (FHWA), has
initiated a series of projects designed to enhance the reliability of the City’s transportation
network by reducing roadway closures and detours caused by Mississippi River flooding.

This proposed project, located on LeClaire Street between 4th Street and 200 feet south of 3rd
Street, which is in proximity to the roundabout near the Arsenal Bridge. In addition, the project
is also located at the intersections of East River Drive at 3rd Street and 4th Street. The scope of
the project involves elevating the roadway to remain passable up to Mississippi River stage 22
on LeClaire Street and realignment of the intersections on East River Drive for better turning
movements. When combined with other ongoing and targeted flood-mitigation projects, this
improvement is integral to establishing a permanent flood-detour route. The planned detour will
begin on the west side of the community at the intersection of Interstate 280 and U.S. Business
61 (West River Drive), continue to Rockingham Road, transition to Marquette Street, and
proceed to 4th Street, with 3rd Street serving as an alternate route. Both 3rd and 4th Streets
connect to East River Drive, which is expected to remain accessible to the eastern city limits up
to Mississippi River stage 22.

To complete this project, the City must acquire eight construction easements, four permanent
easements, and four right-of-way parcels due to the roadway reconstruction and grade change,
roadway realignment at 3rd Street and River Drive associated grading and sidewalk
improvements and required ADA upgrades. The City’s acquisition consultant, Ulteig Operations,
has contacted all affected property owners and is actively engaged in negotiations on the City’s
behalf. The City’s objective—consistent with all acquisition efforts—is to reach voluntary
agreements with property owners based on established valuations and any applicable site
conditions. While condemnation authority exists should negotiations fail, pending City Council
approval, it is not anticipated at this time.

All acquisition activities will be conducted in accordance with the federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act (Uniform Act) and Iowa Code Chapter 6B.

The project is being designed by HR Green, Inc, and is currently at approximately 50%
completion (preliminary-plan stage). All exhibits included with this Resolution are based on
preliminary design documents and are subject to revision as the design is finalized.
Attachments:
1. Resolution
2. Preliminary Acquisition Exhibit
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for rights-of-way and easements associated with the
PROTECT | 3rd and LeClaire Flood Mitigation project, CIP #35067.

WHEREAS, City Council has authorized the PROTECT | 3rd and LeClaire Flood Mitigation project in the
Capital Improvements Program and budgeted money for said project; and

WHEREAS, this project requires that additional rights-of-way and easements be acquired in
accordance with the design plans and the associated construction for said project; and

WHEREAS, Section 6B.2C of the Code of Iowa requires that the governing body specifically provide
and confer prior authority and approval to the acquiring agency to condemn and/or commence with
the condemnation proceedings associated with such public improvement project; and

WHEREAS, by passing this Resolution, in accordance with Section 6A.5 of the Code of Iowa, authority
and approval is automatically conferred, unless otherwise declared, upon the acquiring agency to also
purchase property at its fair market value for rights-of-way and/or easements necessary for this
project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the use
of condemnation and commencement of condemnation proceedings, if necessary, for rights-of-way
and easements associated with the PROTECT | 3rd and LeClaire Flood Mitigation project is hereby
authorized and approved.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 LECLAIRE




 20'



 10'




 163'
 305+00 6



 LEE ENTERPRISES, INC.
 500 E 3RD ST


 972SF(0.03 AC)PROPOSEDTEMPORARY
 5' CONSTRUCTION EASEMENT




 LECLAIRE ST
 F(0.003 AC)PROPOSED
 149S
 PERMANENT EASEMENT

 5499SF(01
 . 3 AC)PROPOSEDTEMPORARY
 ON E
 I ASEMENT 5 STA:204+07.
 13 6
 CONSTRUCT
 OFF:56.
 33'LT STA:204+122
 .6
 G&T INVESTMENTS, LLC OFF:538
 .9'LT LEE ENTERPRISES, INC.

 320 LECLAIRE ST 03+214
 .1 STA:204+197
 .3 500 E 3RD ST
 STA:2
 STA: 201+59.62 STA:203+0 14
 .1 T
 OFF:546
 .3'LT OFF:503
 .3'L F(0.02 AC)PROPOSEDTEMPORARY
 679S
 OFF: 53.05' LT 142' OFF:54.44'LT S TA:204+06.
 75 STA:204+23.
 91
 CONSTRUCTION EASEMENT 343'
 12' OF F:47.
 64'LT OFF:48.
 34'LT
 10'




 200+00 201+00 202+00 203+00 204+00 205+00 206+00
 8'
 15'
 STA: 201+59.76
 OFF: 38.07' LT 7' 10'
 15'
 STA:204+02.
 21 8'
 304+00 OFF:47.
 59'LT 20'

 STA:203+215
 .1 STA:204+22.
 10
 OFF:446
 .5'LT OFF:40.
 34'LT

 STA:203+0 94
 .9 STA:204+02.
 28 3461SF(00
 .8 AC)PROP OSED
 OFF:54.51'LT OFF:40.
 34'LT F(00
 . 02 AC)PROPOSED PERMANANT EASEMENT
 89S
 GHT
 RI  OF
 -  WAY
 - 3RD ST
 3RD ST STA:203+0 96
 .3
 OFF:39.46'LT 30 SF (0.002 AC) PROPOSED
 RIGHT-OF-WAY


 35 SF (0.001 AC) PROPOSED
 STA: 202+71.95 RIGHT-OF-WAY
 STA: 202+71.94 OFF: 39.55' RT STA: 204+02.83




 POB200+00.00
 OFF: 44.55' RT STA: 202+85.56 STA: 204+07.47
 OFF: 39.76' RT
 OFF: 39.57' RT OFF: 39.77' RT
 STA: 203+22.74
 STA: 201+37.29
 VARIES
 5'
 STA: 202+56.66 OFF: 39.63' RT
 OFF: 39.34' RT STA: 204+30.21
 15.8'
 OFF: 39.52' RT
 OFF: 39.80' RT

 10' STA: 203+22.38 10'
 STA: 204+30.14
 STA: 202+56.15 STA: 202+85.52 OFF: 49.75' RT
 OFF: 44.52' RT OFF: 40.43' RT STA: 204+17.82
 F(00
 . 3 AC)PROPOSEDTEMPORARY OFF: 41.21' RT
 1467S 2
 STA: 204+02.93 OFF: 49.78' RT
 CONSTRUCTON E
 I ASEMENT 79 SF (0.002 AC) PROPOSED
 YASH COMMERCIAL 303+00 OFF: 54.29' RT
 PERMANENT EASEMENT 15' 0.01 AC)PROPOSED
 PROPERTIES, LLC 473SF(
 1 STA:202+855
 .2 429 E 3RD ST STA: 204+02.95 3
 TEMPORARY EASEMENT

 OFF:495
 .7'RT OFF: 65.58' RT
 227 LECLAIRE, LLC
 IOWA INTERSTATE 227 LECLAIRE ST

 STA: 204+18.00
 OFF: 65.32' RT




 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement

 Proposed Right-of-Way


 Proposed Right-of-Way Symbol 06
 PT302+07.

 Existing Right-of-Way 302+00
 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O
 FEET
 Proposed Permanent Easement

 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. ScottCOUNTY PROJECT NUMBER HDP-1827(706)--71-82 H.1
 SHEET NUMBER

10:43:44 AM 9/5/2025 hmanter \\hrgreen.com\HRG\Data\2024\2403243\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403243_Z11.dgn
 4
 0




 4
 0 P
 4 T
 7 + 4
 0 0
 4
 0 +



 .14
 DEMOLITION DAVENPORT, INC.
 4
 5




 PI208+ 10
 .1
 500 E 3RD ST 3
 STA:207+54.20
 6 OFF:57.70' LT




 208+ 00
 209+ 00
 LEE ENTERPRISES, INC.
 STA:207+55.91
 500 E 3RD ST
 OFF:47.68' LT



 00
 8'



 7+
 13
 3461 SF (0.08 AC) PROPOSED
 '
 10 PI

 20
 PERMANENT EASEMENT
 40
 3+ CITY OF DAVENPORT
 24
 STA:208+62.80 .01
 OFF:6.34' RT
 23
 .9'


 00 4
 6+
 03+
 8'

 20
 2705 SF (0.06 AC) PROPOSED
 11
 0. 00
 RIGHT-OF-WAY

 PO E
 STA:208+85.27

 2
 OFF:15.69' RT
 0
 9
 ED
 + 40
 OS
 OP STA:207+50.87 PCC
 .32
 R
 )P T
 209
 AC N OFF:34.87' RT 12
 ME 10'
 + 40
  SE
 PC
EA

 .32
 STA:208+44.72 CANADIAN


 .71
 OFF:53.73' RT PACIFIC DME
 STA:207+51.77

 73
 4
 OFF:44.84' RT

 6+
 14
 16 '

 20
 227 LECLAIRE, LLC '
 227 LECLAIRE ST STA:208+63.38
 OFF:62.38' RT
 918 SF (0.02 AC) PROPOSED TEMPORARY
 CONSTRUCTION EASEMENT STA:208+56.88

 S OFF:74.99' RT
 TA:208+43.
 33 STA:208+39.82
 OFF:64.
 49'RT OFF:68.26' RT

 40
 2+
 00



 PC
 40
 2+
 01
 .38




 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement

 Proposed Right-of-Way
 401+
 PT
 00 40
 Proposed Right-of-Way Symbol 0+
 94
 .79
 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O
 FEET
 Proposed Permanent Easement

 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. ScottCOUNTY PROJECT NUMBER HDP-1827(706)--71-82 H.2
 SHEET NUMBER

 10:43:50 AM 9/5/2025 hmanter \\hrgreen.com\HRG\Data\2024\2403243\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403243_Z11.dgn
 202+00


 3R D ST




 142'



 1




 IOWA INTERSTATE 10'
 15'




 8'
 1
 15. 5




 5' G&T INVESTMENTS, LLC
 IOWA INTERSTATE 320 LECLAIRE ST
 2 163'

 YASH COMMERCIAL
 PROPERTIES, LLC
 203+00



 305+ 00
 15'
 429 E 3RD ST E
 VARIS




 304+ 00
 12'
 2




 303+ 00
 300+
 F(0.003 AC) YASH COMMERCIAL
 145S
 ORARY




 302+ 00
 D TEMP PROPERTIES, LLC 10'




 301+ 00
 PROPOSE


 00
 ASEMENT
 TRUCTIONE 429 E 3RD ST
 CONS

 STA:300+891
 .9
 STA:300+640
 .5
 OFF:376
 .6'LT
 OFF:339
 .9'LT REST
 AI
 STA:300+898
 .9 LECL

 5' OFF:327
 .1'LT


 STA:300+557
 .3
 LECLAI
 REST OFF:275
 .0'LT




 ROPOSED
 F(0.001 AC)P
 114S ION
 O NSTRUCT
 5'
 ORARY C
 TEMP
 EASEMENT

 204+00
 7'



 20'
 8'

 15'
 6
 STA:300+487
 .1 STA:300+699
 .1
 OFF:550
 .9'RT OFF:511
 .8'RT LEE ENTERPRISES, INC.
 3

 0' 10' 500 E 3RD ST
 1
 227 LECLAIRE, LLC
  U 3
 S STA:300+705
 .5 227 LECLAIRE ST
 3

 /R OFF:561
 .4'RT
 67
 227 LECLAIRE, LLC
 227227
 LECLAIRE STLLC A:300+495
 .2
 IV LECLAIR, ST

 ER OFF:600
 .1'RT
 D '
 8
 R
 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement

 Proposed Right-of-Way
 205+00
 Proposed Right-of-Way Symbol




 3R D ST
 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way 6


 Proposed Temporary Easement
 O 2O LEE ENTERPRISES, INC.
 Proposed Permanent Easement FEET 500 E 3RD ST

 For Information Only


 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. ScottCOUNTY PROJECT NUMBER HDP-1827(706)--71-82 H.3
 SHEET NUMBER

10:43:57 AM 9/5/2025 hmanter \\hrgreen.com\HRG\Data\2024\2403243\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403243_Z11.dgn
 4TH ST




 5499 SF (0.13 AC) PROPOSED
 TEMPORARY CONSTRUCTION EASEMENT

 STA:307+18.04 STA:308+02.26
 187 SF (0.004 AC) PROPOSED TEMPORARY
 OFF:77.40' LT OFF:76.80' LT
 CONSTRUCTION EASEMENT
 STA:307+23.04
 8
 OFF:77.36' LT
 5
 STA:305+79.45 TULEEN, LLC
 VARI
 ES
 OFF:60.12' LT 432 E 4TH ST
 G&T INVESTMENTS, LLC
 163' 5'
 320 LECLAIRE ST 113 SF (0.003 AC) STA:308+04.34

 34.
 9'
 PROPOSED TEMPORARY OFF:76.79' LT

 CONSTRUCTION




 305+00 306+00 307+00 308+00 309+00
 STA:308+04.20
 EASEMENT
 OFF:41.92' LT
 20'

 26.
 3'
 STA:308+30.49

 VARIES
 STA:307+22.69
 OFF:42.28' LT
 STA:305+79.43 OFF:39.95' LT
 STA:308+304
 .9
 STA:307+17.74
 OFF:40.12' LT
 STA:308+020
 .0 OFF:401
 .4'LT
 OFF:39.95' LT
 OFF:406
 .4'LT
 LECLAIRE ST LECLAIRE ST




 .08 AC PROPOSED
 PERMANENT EASEMENT




 POE309+69.89
 STA:307+18.89
 OFF:40.77' RT
 STA:307+12.09
 OFF:40.77' RT STA:307+22.00
 STA: 305+68.87 OFF:40.78' RT
 10' 64 SF (0.001 AC) PROPOSED
 OFF: 40.60' RT
 STA: 305+68.93 RIGHT-OF-WAY 9
 STA:305+28.90 OFF: 50.60' RT STA:307+18.77
 6 OFF:40.55' RT OFF:55.69' RT GRACELAND PROPERTIES, LLC
 6
 STA: 305+28.81 STA:307+21.89 502 E 4TH ST
 10'
LEE ENTERPRISES, INC. OFF: 45.55' RT OFF:65.77' RT
 LEE ENTERPRISES, INC.
 500 E 3RD ST 972 SF (0.03 AC) PROPOSED 500 E 3RD ST
 TEMPORARY CONSTRUCTION EASEMENT
 STA:307+11.80 STA:307+21.80
 OFF:76.79' RT OFF:76.87' RT
 297 SF (0.007 AC) PROPOSED
 TEMPORARY CONSTRUCTION EASEMENT



 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line

 Proposed Temporary Easement

 Proposed Permanent Easement




 4TH ST
 Proposed Right-of-Way


 Proposed Right-of-Way Symbol


 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O

 Proposed Permanent Easement FEET


 For Information Only



 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. ScottCOUNTY PROJECT NUMBER HDP-1827(706)--71-82 H.4
 SHEET NUMBER

 10:44:06 AM 9/5/2025 hmanter \\hrgreen.com\HRG\Data\2024\2403243\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403243_Z11.dgn
 10


 YMCA OF THE 41
 IOWA MISSISSIPPI VALLEY 2+
 630 E 4TH ST 00
 STA:104+51.54 R
 +499
 .2 D
 STA:104 OFF:110.02' LT
 ER
 OFF:1034
 .6'LT
 IV
 67
 1932SF(0.
 0 4 AC)PROPOSEDTEMPORARY /R
 CONSTRUCTI
 ON E ASEMENT S
 U
 10




 PI103+ 36.66
 YMCA OF THE
 IOWA MISSISSIPPI VALLEY
 7'
 .
 388 11
 630 E 4TH ST




 103+ 00
 104+
 CITY OF
 5'
 DAVENPORT
 P



 + 00
 T

 00
 41
 4 1+
 1

 102
 36
 .8 08
 STA:101+0 1
 + .30
 OFF:446
 .0'LT 0
 0


 + 00
 101
 2249 SF (0.05 AC) PROPOSED
 RIGHT-OF-WAY




 + 00
 STA:101+036
 .5
 60'LT


 100
 OFF:39.
 2065 SF (0.05 AC) PROPOSED TEMPORARY
 CONSTRUCTION EASEMENT 8'
 . S TA:103+937
 . 6
 105
 12' OF F:92
 .5'RT
 STA:103+98.04 12
 ST
 4TH
 PC
 STA:102+86.19 13' OFF:204
 .6'RT
 P
 O
 OFF:34.68' RT CANADIAN
 E 1
 .19
 STA:103+48.91
 STA:102+86.69 PACIFIC DME
 PC 04

 + 15
 OFF:40.01' RT 10' 41 OFF:45.00' RT


 104 + 53.6
 0+ 3
 .1 C 12



 102
 STA:103+88
 STA:102+87.15 00 5'RT
 :392
 .
 8
 OFF
 +5
 OFF:44.98' RT P
 C P CANADIAN
 3.6
 4 I
 0 4 PACIFIC DME
 6 9 1
 8
 + 0
 7T
 S7A:1 03+606
 .5 +
 5' 1 .3:5 4
 STA:101+035
 .9 0 OFF 9 72
 .6'RT 3
 LEE ENTERPRISES, INC. ' .2

 PO B
 OFF:396
 .3'RT 6 1
 500 E 3RD ST '
 STA:103+450
 .7
 STA:103+27.43
 OFF:597
 .0'RT

 .00
 OFF:80.45' RT
 STA:101+03.64 STA:103+38.44


 + 00
 OFF:44.63' RT STA:103+21.97
 OFF:84.77' RT


 100
 OFF:97.20' RT
 '
 5
 STA:103+07.43 STA:103+36.30
 OFF:108.48' RT 0 OFF:92.10' RT
 0
 + STA:103+118
 .3
 9 OFF:1121
 .0'RT
 0
 4




 RIGHT-OF-WAY AND EASEMENT LEGEND

 Right-of Way / Parcel Line
 0
 0
 +
 Proposed Temporary Easement 8 R
 0 D
 Proposed Permanent Easement
 4 R
 E
 IV
 Proposed Right-of-Way /R
 7
 6
 Proposed Right-of-Way Symbol S
 U
 Existing Right-of-Way


 Existing and Proposed Right-of-Way


 Easement and Existing Right-of-Way

 Proposed Temporary Easement
 O 2O

 Proposed Permanent Easement FEET
 0
 0
 For Information Only
 +
 7
 0
 4
 FILE NO. ENGLISH DESIGN TEAM HR Green, Inc. ScottCOUNTY PROJECT NUMBER HDP-1827(706)--71-82 SHEET NUMBER H.7
10:44:14 AM 9/5/2025 hmanter \\hrgreen.com\HRG\Data\2024\2403243\CAD\Design\CADD_Files\Sheet_Files\SHT_H01_2403243_Z11.dgn
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for rights-of-way and easements associated with the
Eastern Avenue Over Goose Creek Bridge Replacement project, CIP #21012. [Wards 6 & 7]

Recommendation:
Adopt the Resolution.

Background:
The City of Davenport has entered into an agreement with the Iowa Department of
Transportation (IDOT) for the replacement of the Eastern Avenue bridge (south bridge) over
Goose Creek.
This proposed project involves removing the existing bridge and replacing with a structure
meeting current design standards. To do so, the bridge will be slightly elevated compared to the
existing which will aid driver visibility standards and along with reconstructing a sewer creek
crossing just downstream of the site, allows the structure to meet the hydraulic flow
requirements.

To complete this project, the City must acquire four construction easements and five rights-of-
way parcels due to the location of proposed infrastructure and working area to complete the
project. The City’s acquisition consultant, JCG Land Services, has contacted all affected property
owners and is actively engaged in negotiations on the City’s behalf. The City’s objective—
consistent with all acquisition efforts—is to reach voluntary agreements with property owners
based on established valuations and any applicable site conditions. While condemnation
authority exists should negotiations fail, pending City Council approval, it is not anticipated at
this time.

All acquisition activities will be conducted in accordance with the federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act (Uniform Act) and Iowa Code Chapter 6B.

The project is being designed by WHKS & Co and is currently at approximately 95% completion
(final-plan stage). All exhibits included with this Resolution are based on preliminary design
documents and are subject to revision as the design is finalized.

Attachments:
1. Resolution
2. Preliminary Acquisition Exhibit
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for rights-of-way and easements associated with the Eastern
Avenue Bridge Over Goose Creek Replacement project, CIP #21012.

WHEREAS, City Council has authorized the Eastern Avenue Bridge Over Goose Creek Replacement
project in the Capital Improvements Program and budgeted money for said project; and

WHEREAS, this project requires that additional rights-of-way and easements be acquired in
accordance with the design plans and the associated construction for said project; and

WHEREAS, Section 6B.2C of the Code of Iowa requires that the governing body specifically provide
and confer prior authority and approval to the acquiring agency to condemn and/or commence with
the condemnation proceedings associated with such public improvement project; and

WHEREAS, by passing this Resolution, in accordance with Section 6A.5 of the Code of Iowa, authority
and approval is automatically conferred, unless otherwise declared, upon the acquiring agency to also
purchase property at its fair market value for rights-of-way and/or easements necessary for this
project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the use
of condemnation and commencement of condemnation proceedings, if necessary, for rights-of-way
and easements associated with the Eastern Avenue Bridge Over Goose Creek Replacement project is
hereby authorized and approved.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 GOOS
 97+51 E CR
 211' L EEK
 97+45
 97+68
 211' L
 208' L

 50' 99+52
 EAS 194' L
 CH
 EM
 AN
 NEL ENT

 MA FO R
 I
 68' 100+17
 NTE 176' L
 NA
 NC
 47'

 E

 TEMPORARY
 PERMANENT 99+23 EASEMENT
 TA EASEMENT 158' L 7,977 SQ. FT.
 1,319 SQ. FT.

 TP 42'

 99+64 99+83
 129' L 129' L

 99+52 25' EASEMENTS FOR
 127' L CHANNEL MAINTENANCE
 GOOSE CREEK
 19' x 87'
 CENTRE CONDO AQUISITION




 100+00 101+00 102+00 103+00
 1,710 SQ. FT. TEMPORARY




 97+00 98+00 99+00
 46'
 EASEMENT
 3636 EASTERN AVE 1,328 SQ. FT.

 RIVER LLC 99+15 99+52 100+17
 88' L
 100+79
 3728 EASTERN AVE 3836 EASTERN AVE
 81' L 81' L 88' L
 GP
 GP GP FRANKLIN JNJ ENTERPRISES LLC PERMANENT
 GP
 EASEMENT
 GP 99+38 99+64 99+83 100+17 100+60 ENTERPRISES LTD.
 GP 3,738 SQ. FT.
 97+27 70' L 70' L 70' L 70' L 70' L
 97+51 101+99
 59' L
 59' L GP 59' L
 99+15
 GP
 96+31 99+38 PERMANENT 100+60 100+79
 59' L 59' L 59' L 59' L 59' L
 EASEMENT 101+99 103+09
 PERMANENT EASEMENT PERMANENT EASEMENT 1,074 SQ. FT.
 PERMANENT EASEMENT 54' L GP GP GP
 54' L
 4,107 SQ. FT. PERMANENT EASEMENT
 4,683 SQ. FT. 4,515 SQ. FT.
 1,650 SQ. FT.
 96+31 99+63 99+83 100+17 101+99 103+09
 39' L 39' L 39' L 39' L 39' L 39' L




 WV UB
 UB
 UB
 UB




 EASTERN AVE




 TA
  96+60 99+64
 98+23 99+83 101+26
 31' R 32' R
 32' R 32' R 32' R
 20' x 163' PERMANENT EASEMENT
 TA
 3,259 SQ. FT.
 99+64 99+83
 45' R 45' R
  96+60 98+23 19' x 13'
 51' R 52' R
 AQUISITION
 TEMPORARY EASEMENT 247 SQ. FT.
 15,107 SQ. FT.
  96+60 101+25
 71' R 72' R

 PROTECT EXISTING TREE
 1810 E 38TH ST CT JNJ ENTERPRISES LLC
 PROTECT EXISTING SIGN AND LANDSCAPING
 LUTHER MANOR OF
 TA
 3707 EASTERN AVE SCOTT CO INC.
 UNITARIAN CHURCH
 OF DAVENPORT
 GOOS
 E CR
 EEK



 TP



 LEGEND:

 PROPOSED TEMPORARY EASEMENT

 O 30
 FEET
 PROPOSED PERMANENT EASEMENT
 EXISTING AND PROPOSED
 PROPOSED AQUISITION RIGHT-OF-WAY INFORMATION

 FILE NO. ENGLISH DESIGN TEAM WHKS & CO. CITY OF DAVENPORT COUNTY PROJECT NUMBER BRM-1827(698)--8N-82 SHEET NUMBER H.1
8:57:39 AM 11/14/2025 jfeldmann pw:\\whks-pw.bentley.com:whks-pw-01\Documents\Projects\IA\10238\41 CAD\Design\CADD_Files\Sheet_Files\SHT_82EASTAVE698_H01.dgn
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolutions approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for temporary construction easements associated with
the West Central Park (Fairmount Street to Lincoln Avenue) Reconstruction project, CIP
#35064. [Wards 2 & 4]

Recommendation:
Adopt the Resolution.

Background:
The City of Davenport has entered into an agreement with the Iowa Department of
Transportation (IDOT) for the reconstruction of West Central Park from Lincoln Avenue to
Fairmount Street. Work includes removal of existing pavement and construction of new PCC
(concrete) pavement, ADA improvements, grading, traffic signal upgrades at the intersection of
West Central Park Avenue and Clark Street, pedestrian signal upgrades at the intersection of
West Central Park Avenue and Elsie Avenue, and all other associated work.

To complete this project, the City must acquire fifteen construction easements due to roadway
reconstruction and associated grade changes along these properties. The City’s acquisition
consultant, JCG Land Services Inc, has contacted all affected property owners and is actively
engaged in negotiations on the City’s behalf. The City’s objective—consistent with all acquisition
efforts—is to reach voluntary agreements with property owners based on established valuations
and any applicable site conditions. While condemnation authority exists should negotiations fail,
pending City Council approval, it is not anticipated at this time.

All acquisition activities will be conducted in accordance with the federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act (Uniform Act) and Iowa Code Chapter 6B.

The project is being designed by HR Green, Inc, and is currently at approximately 80%
completion (check-plan stage). All exhibits included with this Resolution are based on
preliminary design documents and are subject to revision as the design is finalized.

Attachments:
1. Resolution
2. Preliminary Acquisition Exhibit
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving and authorizing the use of condemnation and commencement of
condemnation proceedings, if necessary, for temporary construction easements associated with the
West Central Park (Fairmount Street to Lincoln Avenue) Reconstruction project, CIP #35064.

WHEREAS, City Council has authorized the West Central Park (Fairmount Street to Lincoln Avenue)
Reconstruction project and budgeted money for said project; and

WHEREAS, this project requires that additional temporary construction easements be acquired in
accordance with the design plans and the associated construction for said project; and

WHEREAS, Section 6B.2C of the Code of Iowa requires that the governing body specifically provide
and confer prior authority and approval to the acquiring agency to condemn and/or commence with
the condemnation proceedings associated with such public improvement project; and

WHEREAS, by passing this Resolution, in accordance with Section 6A.5 of the Code of Iowa, authority
and approval is automatically conferred, unless otherwise declared, upon the acquiring agency to also
purchase property at its fair market value for rights-of-way and/or easements necessary for this
project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the use
of condemnation and commencement of condemnation proceedings, if necessary, for temporary
construction easements associated with the West Central Park (Fairmount Street to Lincoln Avenue)
Reconstruction project is hereby approved and authorized.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 PROPERTY IMPACT DETAIL




 N FAIRMOUNT ST
 EASEMENT TEMP EASEMENT AREA -
 PARCEL ID ADDRESS EASEMENT TYPE
 NUMBER SQUARE FEET

 201+54.08
 TEMPORARY
 3705 W CENTRAL PARK,
 1 T2040-10 71 CONSTRUCTION
 DAVENPORT, IA 52804
 EASEMENT PARCEL OWNER: ST ALBAN'S EPISCOPAL CHURCH
 TEMPORARY CP2 CX PARCEL ID: O2108D33
 2526 N MICHIGAN AVE,
 2 O2109B48 21 CONSTRUCTION ADDRESS: 3510 W CENTRAL PARK AV DAVENPORT IA 52804
 DAVENPORT, IA 52804 PARCEL OWNER: SHELA & RALPH ALATORRE
 EASEMENT
 PARCEL ID: T2023C38
 TEMPORARY
 3423 W CENTRAL PARK AVE, ADDRESS: 3706 W CENTRAL PARK AV DAVENPORT IA 52804
 3 O2109C28 20 CONSTRUCTION
 DAVENPORT, IA 52804
 EASEMENT
 TEMPORARY
 3316 W CENTRAL PARK AVE,
 4 O2107D10 75 CONSTRUCTION
 DAVENPORT IA 52804
 EASEMENT
 TEMPORARY
 3336 W COLORADO ST,
 5 O2110A09 62 CONSTRUCTION
 DAVENPORT, IA 52804
 EASEMENT
 201+00
 TEMPORARY
 3306 W CENTRAL PARK AVE, CP3 CX

 6 O2107D11 74 CONSTRUCTION
 DAVENPORT, IA 52804
 EASEMENT
 TEMPORARY
 2605 N CONCORD ST, W CENTRAL PARK AVE
 7 O2107C01 109 CONSTRUCTION
 DAVENPORT, IA 52804
 EASEMENT
 99+00 100+00 101+00 102+00
 TEMPORARY
 2604 N DITTMER ST
 8 O2107C07 89 CONSTRUCTION
 DAVENPORT IA 52804
 EASEMENT
 TEMPORARY
 2603 N DITTMER ST,
 9 O2107C24 106 CONSTRUCTION
 DAVENPORT, IA 52804
 EASEMENT
 TEMPORARY
 2604 N CLARK ST,
 10 O2107C25 108 CONSTRUCTION
 DAVENPORT, IA 52804
 EASEMENT 12.61'
 TEMPORARY
 3108 W CENTRAL PARK AVE,
 11 O2107C38 183 CONSTRUCTION
 DAVENPORT , IA 52804
 EASEMENT
 TEMPORARY
 2728 W CENTRAL PARK AVE,
 10.86'
 12 O2106-01 101 CONSTRUCTION
 DAVENPORT, IA 52804 TEMPORARY CONSTRUCTION
 CP1 CX

 EASEMENT EXISTING ROW, TYP.
 TEMPORARY EASEMENT #1
 2728 W CENTRAL PARK AVE,
 13 O2106-01 152 CONSTRUCTION
 DAVENPORT, IA 52804 PARCEL OWNER: NATHAN DONE & JESSICA PEREZ
 EASEMENT PARCEL ID: T2040-10
 TEMPORARY ADDRESS: 3705 W CENTRAL PARK AV DAVENPORT IA 52804 PARCEL OWNER: CARMELLA MEHRENS
 2504 W CENTRAL PARK AVE,
 14 O2105-07C 168 CONSTRUCTION PARCEL ID: O2109B01
 DAVENPORT, IA 52804 ADDRESS: 2525 N FAIRMOUNT ST DAVENPORT IA 52804
 EASEMENT
 TEMPORARY
 200+00
 2410 W CENTRAL PARK AVE,
 15 O2105-07 464 CONSTRUCTION
 DAVENPORT, IA 52804 LEGEND
 EASEMENT




C:\Users\zknapp\DC\ACCDocs\Shive-Hattery, Inc-\2240017880 West Central Park Ave\Project Files\Shive-Hattery\1_Civil\H-Sheets.dwg
 LOT LINES, TYP.

 EXISTING ROW
 TEMPORARY
 CONSTRUCTION EASEMENT
 PROPERTY LINE

 401+65.77




 N MICHIGAN AVE
 PARCEL OWNER: CROSS POINT BAPTIST CHURCH OF DAVENPORT
 PARCEL ID: O2108C32
 PARCEL OWNER: ST ALBAN'S EPISCOPAL CHURCH PARCEL OWNER: WBI REAL ESTATE LLC ADDRESS: 3400 W CENTRAL PARK AV DAVENPORT IA 52804
 PARCEL ID: O2108D33 PARCEL ID: O2108D01
 ADDRESS: 3510 W CENTRAL PARK AV DAVENPORT IA 52804 ADDRESS: 3506 W CENTRAL PARK AV DAVENPORT IA 52804
 LOT LINES, TYP.




 EXISTING ROW, TYP.
 CP5 CX




 401+00


 W CENTRAL PARK AVE
 109+00


 300+86.49
 106+00 107+00 108+00
 103+00 104+00 105+00




 CP4 CX




 5.00' 4.83'

 TEMPORARY CONSTRUCTION 4.00' 4.00'
 EASEMENT #2 TEMPORARY CONSTRUCTION
 EASEMENT #3




 N NEVADA AVE
 PARCEL OWNER: WAYNE & MARCELL DAVIS PARCEL OWNER: ERIC VARCHOLA
 PARCEL OWNER: JESSICA LIENEN
 PARCEL OWNER: MARK PROCTER PARCEL ID: O2109B25 PARCEL ID: O2109C28
 ADDRESS: 2525 N NEVADA AV DAVENPORT IA 52804 PARCEL ID: O2109B48
 PARCEL ID: O2109B24 ADDRESS: 3423 W CENTRAL PARK AV DAVENPORT IA 52804
 ADDRESS: 2526 N MICHIGAN AV DAVENPORT IA 52804

 400+00
 ADDRESS: 2526 N NEVADA AV DAVENPORT IA 52804




 300+00



 S-H PROJECT NO. 2240017880 SHIVE-HATTERY WEST CENTRAL PARK AVENUE IMPROVEMENTS - FAIRMOUNT TO LINCOLN DAVENPORT PROJECT NUMBER:STP-U-1827(708)--70-82 RIGHT-OF-WAY SHEETS SHEET NUMBER H.01
 701+00
 701+03.94



 PARCEL OWNER: STERLING & NORMA VASSER



 N ELSIE AVE
 PARCEL OWNER: NEHLSEN LIVING TRUST
 LOT LINES, TYP. PARCEL ID: O2107D01




 PARCEL ID: O2107D10
 ADDRESS: 3336 W CENTRAL PARK AV DAVENPORT IA 52804

 PARCEL OWNER: CROSS POINT BAPTIST CHURCH OF DAVENPORT
 PARCEL ID: O2108C32
 ADDRESS: 3400 W CENTRAL PARK AV DAVENPORT IA 52804 TEMPORARY CONSTRUCTION 4.00'
 EASEMENT #4


 15.71'



 ADDRESS: 3316 W CENTRAL PARK AV DAVENPORT IA 52804
 EXISTING ROW, TYP.




 CP7 CX




 W CENTRAL PARK AVE


 600+92.05
 700+00
 500+97.61
 113+00 114+00 115+00
 110+00 111+00 112+00




 CP6 CX




 20
 CP8 CX .95'
 TEMPORARY CONSTRUCTION




 N ELSIE AVE
 EASEMENT #5

 PARCEL OWNER: BRITAIN & JACLYN KUNZLER




 N OHIO AVE
 PARCEL OWNER: JAY & JULIE DOHRMANN PARCEL ID: O2109C09
 PARCEL ID: O2109C10 ADDRESS: 3347 W CENTRAL PARK AV DAVENPORT IA 52804 PARCEL OWNER: NAM NGUYEN & THI PHAM PARCEL OWNER: ALEXANDRIA & TYLER GARLOCK
 ADDRESS: 3357 W CENTRAL PARK AV DAVENPORT IA 52804
 PARCEL ID: O2110A09 PARCEL ID: O2110A08
 PARCEL OWNER: ROCCO & CAROLYN MARESCA REVOC TRUST
 ADDRESS: 3336 W COLORADO ST ADDRESS: 3330 W COLORADO ST
 PARCEL ID: O2109C27 DAVENPORT IA 52804
 DAVENPORT IA 52804
 ADDRESS: 3405 W CENTRAL PARK AV DAVENPORT IA 52804


 LEGEND




C:\Users\zknapp\DC\ACCDocs\Shive-Hattery, Inc-\2240017880 West Central Park Ave\Project Files\Shive-Hattery\1_Civil\H-Sheets.dwg
 600+00

 500+00
 EXISTING ROW
 801+00.87
 801+00 900+99.23
 TEMPORARY
 CONSTRUCTION EASEMENT




 WOODDALE AVE
 PROPERTY LINE




 N CONCORD ST
 PARCEL OWNER: JOEL & TARYN KOBERNAT
 PARCEL ID: O2107D11
 ADDRESS: 3306 W CENTRAL PARK AV DAVENPORT IA 52804
 PARCEL OWNER: THAO & PHU NGUYEN PARCEL OWNER: DIANE MEDEARIS
 PARCEL ID: O2107C01 PARCEL ID: O2107C07
 PARCEL OWNER: STERLING & NORMA VASSER ADDRESS: 2605 N CONCORD ST DAVENPORT IA 52804 ADDRESS: 2604 N DITTMER ST
 PARCEL ID: O2107D10 PARCEL OWNER: SON THAI & LAN NGUYEN DAVENPORT IA 52804
 ADDRESS: 3316 W CENTRAL PARK AV DAVENPORT IA 52804 PARCEL ID: O2107D26 4.00'
 4.00' ADDRESS: 3248 W CENTRAL PARK AV DAVENPORT IA 52804 CP11 CX



 TEMPORARY CONSTRUCTION ' PARCEL OWNER: DUNCAN MCCALLUM & KILI ALEXANDER-MCCALLUM 20
 EASEMENT #6 13.10 PARCEL ID: O2107D27 .91
 ADDRESS: 2606 N CONCORD ST DAVENPORT IA 52804 '
 TEMPORARY CONSTRUCTION EASEMENT #7




 BM12 RR
 CP9 CX




 W CENTRAL PARK AVE
 121+00 122+00

 900+00
 119+00 120+00

 800+00
 116+00 117+00 118+00




 CP10 CX




 EXISTING ROW, TYP. LOT LINES, TYP.




 PARCEL OWNER: FRONDAK CLAEYS & PARCEL OWNER: DONA LEE SIEVERTSEN, PARCEL OWNER: MELISSA MANTERNACH PARCEL OWNER: GREGORY & DENISE COFFMAN PARCEL OWNER: CHRISTOPHER & DEBORAH PARCEL OWNER: BRET & JULIE SPARBEL PARCEL OWNER: ANGELICA PONCE PARCEL OWNER: EUGENE & BECKY LAAKE PARCEL OWNER: DANITA WHITFIELD PARCEL OWNER: ROBERT & MARILYNN ROBBINS
 KIMBERLY WEBER DEAN & DIANE BERANEK PARCEL ID: O2110A05 PARCEL ID: O2110A04 MEADOR PARCEL ID: O2110A02 PARCEL ID: O2110A01 PARCEL ID: O2110B28 PARCEL ID: O2110B29 PARCEL ID: O2110B30
 PARCEL ID: O2110A07 PARCEL ID: O2110A06 ADDRESS: 3312 W COLORADO ST ADDRESS: 3304 W COLORADO ST PARCEL ID: O2110A03 ADDRESS: 3250 W COLORADO ST ADDRESS: 3244 W COLORADO ST ADDRESS: 3238 W COLORADO ST ADDRESS: 3230 W COLORADO ST ADDRESS: 3224 W COLORADO ST
 ADDRESS: 3324 W COLORADO ST ADDRESS: 3318 W COLORADO ST DAVENPORT IA 52804 DAVENPORT IA 52804 ADDRESS: 3256 W COLORADO ST DAVENPORT IA 52804 DAVENPORT IA 52804 DAVENPORT IA 52804 DAVENPORT IA 52804 DAVENPORT IA 52804
 DAVENPORT IA 52804 DAVENPORT IA 52804 DAVENPORT IA 52804




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 1101+91.21



 N DITTMER ST
 1000+94.96
 PARCEL OWNER: DIANE MEDEARIS




 N CLARK ST
 PARCEL OWNER: DANIEL COYLE & KRISTOPHER WILSON
 PARCEL ID: O2107C24

 PARCEL ID: O2107C07
 ADDRESS: 2603 N DITTMER ST DAVENPORT IA 52804 PARCEL OWNER: SAINI III LLC PARCEL OWNER: J R LINDELL LLC
 PARCEL ID: O2107C38 PARCEL ID: O2106-05C
 ADDRESS: 3108 W CENTRAL PARK AV DAVENPORT IA 52804 ADDRESS: 3042 W CENTRAL PARK AV
 TEMPORARY CONSTRUCTION DAVENPORT IA 52804


 ADDRESS: 2604 N DITTMER ST
 EASEMENT #8
 TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION
 EASEMENT #9 EASEMENT #10 TEMPORARY CONSTRUCTION
 EASEMENT #11
 DAVENPORT IA 52804
 4.00' PARCEL OWNER: IAN LAFARY
 PARCEL ID: O2107C25 3.00' 24
 2.79' .32
 ADDRESS: 2604 N CLARK ST DAVENPORT IA 52804 '
 ' 4.00' ' 17
 .2
 30 .14 2' EXISTING ROW, TYP.
 1 3. 20


 CP13 CX




 CP15 CX




 1101+00
 W CENTRAL PARK AVE
 127+00 128+00 129+00
 125+00 126+00

 1000+00
 123+00 124+00




 CP14 CX
 CP16 CX




 PARCEL OWNER: CONRAD & CYNTHIA RICHARDSON PARCEL OWNER: JANICE PAYNE
 PARCEL ID: O2110B34 PARCEL ID: O2110B01
 PARCEL OWNER: KELSEY DODD & AUSTIN BLAIR PARCEL OWNER: VENICIA & WILLIAM MOSHER LOT LINES, TYP.
 ADDRESS: 2518 N CLARK ST DAVENPORT IA 52804 ADDRESS: 3107 W CENTRAL PARK DAVENPORT IA 52804
 PARCEL ID: O2110B31 PARCEL ID: O2110B32 PARCEL OWNER: BOARD OF PARK COMMISSIONERS
 ADDRESS: 3218 W COLORADO ST ADDRESS: 3212 W COLORADO ST DAVENPORT IA 52804 PARCEL ID: O2111A26
 DAVENPORT IA 52804 ADDRESS: N/A



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 EXISTING ROW 1100+00


 1201+83.07
 TEMPORARY
 CONSTRUCTION EASEMENT
 PROPERTY LINE
 PARCEL OWNER: PHOENIX CLOSURES, INC
 PARCEL ID: O2106-01
 PARCEL OWNER: CGE-CENTRAL PARK PLAZA INC PARCEL OWNER: HUMANE SOCIETY SCOTT CO ADDRESS: 2728 W CENTRAL PARK AV DAVENPORT IA 52804
 PARCEL ID: O2106-05H PARCEL ID: O2106-05G
 ADDRESS: 2906 W CENTRAL PARK AV DAVENPORT IA 52804 ADDRESS: 2802 W CENTRAL PARK AV DAVENPORT IA 52804
 CP19 CX




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 EASEMENT #12
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 1300+95.69
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129+00




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 EXISTING ROW, TYP.




 N BIRCHWOOD AVE N HAZELWOOD AVE
 PARCEL OWNER: BOARD OF PARK COMMISSIONERS
 PARCEL ID: O2111A26 PARCEL OWNER: JONATHAN & JOAN MEEKS
 ADDRESS: N/A LOT LINES, TYP. PARCEL ID: O2111A05
 ADDRESS: 2512 N BIRCHWOOD AV DAVENPORT IA 52804
 PARCEL OWNER: MINERVA RAMIERZ PARCEL OWNER: TONI & MICHAEL HARRINGTON
 PARCEL ID: O2111A06 PARCEL ID: O2111B11

 1200+00
 1300+00
 ADDRESS: 2515 N BIRCHWOOD AV DAVENPORT IA 52804 ADDRESS: 2757 W CENTRAL PARK AV DAVENPORT IA 52804




 S-H PROJECT NO. 2240017880 SHIVE-HATTERY WEST CENTRAL PARK AVENUE IMPROVEMENTS - FAIRMOUNT TO LINCOLN DAVENPORT PROJECT NUMBER:STP-U-1827(708)--70-82 RIGHT-OF-WAY SHEETS SHEET NUMBER H.03
 PARCEL OWNER: TRL LLC PARCEL OWNER: TRL LLC
 PARCEL OWNER: PHOENIX CLOSURES, INC
 PARCEL ID: O2106-11 PARCEL ID: O2106-05A
 PARCEL ID: O2106-01
 ADDRESS: 2716 W CENTRAL PARK AV ADDRESS: 2706 W CENTRAL PARK AV
 ADDRESS: 2728 W CENTRAL PARK AV DAVENPORT IA 52804
 DAVENPORT IA 52804 DAVENPORT IA 52804 PARCEL OWNER: 2654 W CENTRAL PARK LLC
 PARCEL ID: O2105-06B
 ADDRESS: 2654 W CENTRAL PARK AV DAVENPORT IA 52804




 TEMPORARY CONSTRUCTION
 EASEMENT #13 LOT LINES, TYP.
 40.00' EXISTING ROW, TYP.

 4.00' CP23 CX
 CP21 CX




 1400+85.89 1500+87.25
 140+00 141+00 142+00
 137+00 138+00 139+00
 136+00




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 N THORNWOOD AVE
 JEBENS AVE
 PARCEL OWNER: MARINA G PIKIS REVOC TRUST PARCEL OWNER: THAO NGUYEN PARCEL OWNER: LINDBLOOM PROPERTIES LLC PARCEL OWNER: NATHAN & REBECCA
 PARCEL ID: O2111B39 PARCEL ID: O2111B40 PARCEL ID: O2112A04A RAMKER REV TRUST
 ADDRESS: 2717 W CENTRAL PARK AV DAVENPORT IA 52804 ADDRESS: 2705 W CENTRAL PARK AV DAVENPORT IA 52804 ADDRESS: 2623 W CENTRAL PARK AV DAVENPORT IA 52804 PARCEL ID:O2112A04B
 ADDRESS: 2615 W CENTRAL PARK AV
 DAVENPORT IA 52804
 PARCEL OWNER: ADRIAN DIAZ PARCEL OWNER: TUAN & ANH PHAM
 PARCEL ID: O2111B10

 1400+00 1500+00
 PARCEL ID: O2111B20
 ADDRESS: 2743 W CENTRAL PARK AV DAVENPORT IA 52804 ADDRESS: 2733 W CENTRAL PARK AV DAVENPORT IA 52804




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 CONSTRUCTION EASEMENT
 PROPERTY LINE


 PARCEL OWNER: 2654 W CENTRAL PARK LLC PARCEL OWNER: KAFFEE LLC
 PARCEL ID: O2105-06B PARCEL ID: O2105-08
 ADDRESS: 2654 W CENTRAL PARK AV ADDRESS: 2510 W CENTRAL PARK AV PARCEL OWNER: HUMANE SOCIETY OF SCOTT COUNTY
 DAVENPORT IA 52804 DAVENPORT IA 52804 PARCEL ID: O2105-07C
 ADDRESS: 2504 W CENTRAL PARK AV DAVENPORT IA 52804
 PARCEL OWNER: LFL ENTERPRISES LLC
 PARCEL ID: O2105-07
 ADDRESS: 2410 W CENTRAL PARK AV DAVENPORT IA 52804

 TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION
 EASEMENT #14 EASEMENT #15
 50.07' 135.73'

 CP25 CX 4.00'




 W CENTRAL PARK AVE
 145+00 146+00 146+97.31
 143+00 144+00




 N LINCOLN AVE
 EXISTING ROW, TYP.


 LOT LINES, TYP.
 PARCEL OWNER: GRACELAND PROPERTIES LLC
 PARCEL ID: O2112A04
 ADDRESS: 2515 W CENTRAL PARK AV DAVENPORT IA 52804
 PARCEL OWNER: UNITED FOOD & COMM WORKERS
 PARCEL ID: O2112A03
 ADDRESS: 2411 W CENTRAL PARK AV DAVENPORT IA 52804




 S-H PROJECT NO. 2240017880 SHIVE-HATTERY WEST CENTRAL PARK AVENUE IMPROVEMENTS - FAIRMOUNT TO LINCOLN DAVENPORT PROJECT NUMBER:STP-U-1827(708)--70-82 RIGHT-OF-WAY SHEETS SHEET NUMBER H.04
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Preliminary Resolution for the 2026 Alley Cost Share Program. [Wards 4 & 5]

Recommendation:
Adopt the Resolution.

Background:
Within the City of Davenport, alleys are considered secondary roads. A resident or business
owner petitions the City to have their alley reconstructed with full depth concrete or hot mix
asphalt (HMA) or resurfaced with HMA through the Alley Cost Share Program. This is an
assessment program where ¾ of the total cost to reconstruct or resurface a residential alley is
paid for by the City and the other ¼ is paid for by the abutting property owners based on the
size of their lot. Similarly, ½ of the cost to reconstruct or resurface a commercial alley is paid
for by the City and the other ½ is paid for by the abutting property owners based on the size of
their lot. The resident or business that requests to have their alley reconstructed or resurfaced
would have to obtain the necessary signatures on a petition prepared by the City of over 30%
of the owner-occupied property abutting the alley.

The City has received two petitions for alleys located within the City of Davenport:

 • The north-south alley between Brady Street and Perry Street from East 14th Street to
 East 15th Street.
 • The east-west alley between West 16th Street and West 15th Street from Gaines Street
 and Scott Street.


The estimated cost of these improvements is $319,200.

Attachments:
1. Resolution
2. Location Map - Overall
3. Location Map - Alley 1
4. Location Map - Alley 2
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

PRELIMINARY RESOLUTION for the 2026 Alley Cost Share Program.

WHEREAS, it is deemed advisable and necessary to resurface certain alleys in the City of Davenport,
Iowa; and

WHEREAS, the Code of Iowa requires that the City Council arrange for engineering services when an
assessment project is involved; and

WHEREAS, the Code of Iowa requires that the City Council designate the property to be specially
benefited by the improvements.

NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the
Engineering Division for the City of Davenport be employed as engineers in connection with the
proposed Alley Cost Share Program and may be hereafter referred to as the “Project Engineer”, and
that the Project Engineer be directed to prepare preliminary plans, plats, schedules, estimates and do
other engineering and assessment work as required to complete the above referenced program; and

BE IT FURTHER RESOLVED that this improvement shall hereafter be known as the 2026 Alley Cost
Share Program.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 2026 Alley Cost Share Program
 W LO CUST ST E L OCUST ST




 GAI NES ST BRADY S T
 W 18TH ST E 18 T H


 M AIN ST
 SCO T T ST
 JB Young Intermediate
 W 17TH ST



 E 17 T H ST




 W 16TH ST
 KIRKW OOD BLVD



 RIPLEY ST
 W 16TH ST




 W 15 TH ST PER RY ST
 W 15TH ST




 SCOT T ST


 W 14TH ST E 1 4TH ST
 W 14 TH ST




11/25/2025, 12:38:28 PM 1:4,800
 0 0.03 0.06 0.12 mi
 Parcels
 0 0.05 0.1 0.2 km



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 2026 Alley Cost Share Program


 PERSHI NG AVE




 E 15TH ST




 P E R SHING AVE
 BRADY ST PERR Y ST



 E 14TH ST




11/25/2025, 12:41:00 PM 1:1,700
 0 0.01 0.02 0.04 mi
 Parcels 2024 Aerial Imagery Green: Band_2
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 2026 Alley Cost Share Program




 GAINES ST


 W 16TH ST




 SCO T T ST




 W 15TH ST




11/25/2025, 12:40:26 PM 1:1,700
 0 0.01 0.02 0.04 mi
 Parcels 2024 Aerial Imagery Green: Band_2
 0 0.01 0.03 0.06 km
 Red: Band_1 Blue: Band_3
 Web AppBuilder for ArcGIS
 City of Davenport

Department: Public Works Action / Date
Contact Info: Clay Merritt | 563-326-7734 12/3/2025

Subject:
Resolution setting a Public Hearing on establishing a public utility easement on City-owned
property located east of Eastern Avenue and north of East 29th Street (Parcel D0001-02A).
[Ward 7]

Recommendation:
Adopt the Resolution

Background:
This public utility easement will be located east of Eastern Avenue and north of East 29th Street
(Parcel D0001-02A). The purpose of the easement is to allow utilities to relocate, install, build,
and maintain facilities prior to the reconstruction project of the Eastern Avenue bridge over
Duck Creek.

Adoption of this Resolution will set the Public Hearing for January 7, 2026, at the Committee of
the Whole Meeting beginning at 5:30 p.m. in the Council Chambers at Davenport City Hall, 226
West 4th Street.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderman R. Dunn.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION setting a Public Hearing on establishing a public utility easement on City-owned property
located east of Eastern Avenue and north of East 29th Street (Parcel D0001-02A).

WHEREAS, this public utility easement will allow utilities to relocate, install, build, and maintain
facilities prior to the reconstruction project of the Eastern Avenue bridge over Duck Creek.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that a Public
Hearing on establishing a public utility easement on City-owned property located east of Eastern
Avenue and north of East 29th Street (Parcel D0001-02A) shall be held on January 7, 2026, at the
Committee of the Whole Meeting beginning at 5:30 p.m. in the Council Chambers at Davenport City
Hall, 226 West 4th Street.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Administration Action / Date
Contact Info: Nicole Gleason | 563-326-7734 12/3/2025

Subject:
Third Consideration: Ordinance amending Chapter 6.04 entitled “Animals” of the Municipal Code
of Davenport, Iowa to incorporate community cat recommendations from the joint task force
between the Humane Society of Scott County and the City of Davenport. [All Wards]

Recommendation:
Adopt the Ordinance.

Background:
The City of Davenport contracts animal control and sheltering services to the Humane Society of
Scott County. The current service agreement charges a joint task force to evaluate any
ordinance updates or programmatic changes that contribute to a sustainable business model.
The task force consults with local government agencies, animal welfare experts, and other
municipal codes from Iowa communities.

For many years, municipalities have approached cat population control by trapping and
impounding the animals. This approach has not decreased the cat population over the past
decades of practice. Care for cats in the shelter is a significant cost driver, as overpopulation
also creates health issues that need treatment. Bringing healthy community cats into a shelter
is unnecessary and costly.

Trap-Neuter-Return (TNR) or Trap-Neuter-Vaccinate-Return (TNVR) programs are humane and
effective community-based initiatives designed to manage and reduce free-roaming and feral
cat populations. The process involves trapping cats, spaying or neutering them to prevent
reproduction, vaccinating to promote health, ear-tipping for identification, and then returning
the cats to their original outdoor environment. These programs reduce behaviors associated
with mating such as yowling, fighting, and spraying, and over time, reduce the overall
population by preventing litters of unowned kittens. TNR programs address the root cause of
cat overpopulation and save taxpayer dollars by decreasing shelter intake and reducing the
need for animal control interventions. As an added benefit, communities with TNR programs
can attract grants and/or private funding.

An overview of the proposed recommendation was presented at the November 4, 2025,
Management Update meeting. A community education session is planned for November 18,
2025; event details to follow.

The proposed changes, shown in the attached red-lined document, include:

 ▪ 6.04.010 | Updates and additions to definitions: caretaker, community cat, owner, and
 Trap-Neuter-Release (TNR)
 ▪ 6.04.020 | Update to licenses required for owned dogs and cats
 ▪ 6.04.040 | Add exceptions for community cats
 ▪ 6.04.060 | Adds an exception for community cats
 ▪ 6.04.065 | Adds a new section to outline community cat requirements
 ▪ 6.04.080 | Minor update to direct to nuisance process
 ▪ 6.04.090 | Adds an exception for community cats
 ▪ 6.04.100 | Adds an exception for community cats
 ▪ 6.04.130 | Replaces barking dog regulations with animal noise regulations
 ▪ 6.04.140 | Adds an exception for community cats
 ▪ 6.04.160 | Minor update for clarity


Attachments:
1. Ordinance
2. Current Chapter 6.04
3. Current Chapter 6.04 Strikethrough Version
4. Animal Services Update 2025.11.04
 ORDINANCE NO.

AN ORDINANCE AMENDING CHAPTER 6.04 ENTITLED “ANIMALS” OF THE MUNICIPAL CODE OF
DAVENPORT, IOWA TO INCORPORATE COMMUNITY CAT RECOMMENDATIONS FROM THE
JOINT TASK FORCE BETWEEN THE HUMANE SOCIETY OF SCOTT COUNTY AND THE CITY OF
DAVENPORT.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA:
Section 1. That Section 6.04.010 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended by adding a new Subsection 6.04.010(H) and relettering all subsequent
subsections accordingly:
6.04.010 Definitions.
 H. CARETAKER or CAREGIVER – Means a person participating in TNR who provides care
 to a community cat without claiming ownership, and who is not an owner, harborer,
 controller, or keeper of the cat solely for providing such care.
Section 2. That Section 6.04.010 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended by adding a new Subsection 6.04.010(M) and relettering all subsequent
subsections accordingly:
6.04.010 Definitions.
 M. COMMUNITY CAT - Any cat or kitten that is unowned, free-roaming, and meets all of
 the following conditions:
 1. The cat has been spayed or neutered;
 2. The cat has been vaccinated against rabies and distemper;
 3. The cat receives an ear-tip, performed by a licensed veterinarian, under anethesia,
 and following accepted pain management practices;
 4. The cat has been micro-chipped for identification and for vaccination tracking; and
 5. The cat is returned to the area where it was captured.
 An ear-tipped, free-roaming cat shall be presumed to be a community cat; a person
 interacting with such a cat during TNR shall be presumed a caregiver, not an owner,
 absent clear evidence to the contrary.
Section 3. That Section 6.04.010 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended to read as follows:
6.04.010 Definitions.
 T. OWNER. Any person keeping, sheltering, harboring, having custody of, exercising
 control over, or claiming a property interest in an animal. The term “owner” does not
 include a community cat caregiver solely by virtue of providing food, water, shelter, or
 humane trapping/transport for TNR.
Section 4. That Section 6.04.010 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended by adding a new Subsection 6.04.010(BB) and relettering all subsequent
subsections accordingly:
6.04.010 Definitions.
 BB. TRAP-NEUTER-RETURN (TNR). The process of humanely trapping, sterilizing,
 vaccinating, ear-tipping, and returning community cats to the location in which they
 were trapped.
Section 5. That Subsection 6.04.020(A) of the Municipal Code of Davenport, Iowa be and the same
is hereby amended to read as follows:
 A. Every owned dog and cat shall be licensed. Dogs and cats shall be licensed within 30
 days of the date they are initially inoculated for rabies and annually within 30 days'
 time of the date of the current rabies vaccination. No person shall have, harbor, keep
 or possess any unlicensed dog or cat in violation of this chapter.
Section 6. That Section 6.04.040 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended to read as follows:
6.04.040 Rabies vaccination and reporting.
 C. The owner or custodian of any animal required to be vaccinated against rabies shall
 keep a current rabies vaccination tag securely attached to a substantial collar which
 shall be worn by the animal at all times. Animal shelters administering a TNR program
 shall retain records of vaccinations of community cats. Rabies vaccination tags are not
 required for community cats.
 D. Whenever a veterinarian inoculates an animal for rabies the veterinarian shall
 complete a rabies vaccination report which shall be forwarded to the City or its
 designee. The report shall contain the following information:
 1. The name, age and sex of the animal;
 2. A general description of the animal;
 3. The date the current vaccination was given to the animal;
 4. The revaccination date;
 5. The vaccination tag number assigned to the animal;
 6. The name and address of the animal's owner or custodian, except community cats.
 The veterinarian shall sign the report and all reports shall be sent to animal
 control within 30 days of the administration of the vaccination.
Section 7. That Section 6.04.060 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended to add a new Subsection 6.04.060(B) as follows and relettering all subsequent
Subsections accordingly:
 6.04.060 Animal running at large.
 B. Community cats are not deemed at-large unless designated a nuisance or visibly
 sick/injured; nuisance determinations follow the animal control officer’s assessment
 and citizen complaints.
Section 8. That Chapter 6.04 entitled “Animals” of the Municipal Code of Davenport, Iowa be and
the same is hereby amended to add a new Section 6.04.065 as follows:
 6.04.065 Community Cats
 A. The purpose of this section is to protect residents of the city against the hazards
 brought about by a feral cat population and to provide a safe and humane process by
 which health and safety hazards can be reduced through the use of Trap-Neuter-Return
 (TNR) practices to reduce and/or manage the cat population within city limits.
 B. Trap-Neuter-Return (TNR) will permit the City of Davenport or a designee to engage in
 the trapping of community cats for the purpose of sterilization, vaccination, ear-tipping
 for easy identification, and to provide other necessary medical care for community cats.
 The City of Davenport may work with its designee to implement and/or administer
 Trap-Neuter-Return (TNR) practices.
 C. A caretaker providing care for community cat(s) may offer certain necessities on a
 regular/on-going basis, including but not limited to, food and water. Feeding stations
 must be on property owned or occupied by the caretaker, must be kept in sanitary
 conditions, and must prevent the attraction of wildlife. A caretaker may provide medical
 care as needed or contact animal control for assistance to prevent the suffering of a
 community cat. Providing food, water, or weather-appropriate shelter to a free-roaming
 cat, or participating in TNR (including humane trapping, transport, surgery, recovery,
 and return), does not, by itself, constitute ownership.
 D. If the requirements identified in this section are met, the caretaker is exempt from
 licensing, running at large, or other provisions of this chapter that apply to owned cats.
 E. Community cats are prohibited from protected wildlife areas, nature preserves, or other
 sensitive habitats or areas where cats may present a risk. Community cats shall not be
 released near these areas and may be impounded if found near one of these areas.
 F. Community cat caregivers may reclaim impounded community cats without proof of
 ownership for the purpose of carrying out Trap-Neuter-Return (TNR) and/or returning
 ear-tipped community cats to their original locations.
 G. A cat meeting the requirements of a community cat as defined by this chapter shall be
 released on the site where it was trapped or within a mile radius of the site where it
 was trapped. An ear-tipped cat received by animal control will be returned to the
 location trapped unless veterinary care is required, unless the property owner requests
 the cat not be returned, or unless animal control is aware of unsafe conditions.
 H. A community cat that causes damage, interferes with a property, creates a nuisance,
 or creates a health hazard may be abated under the general abatement provisions of
 the Davenport Municipal Code.
 I. The City of Davenport or its designee shall have no liability for the disposition of any
 community cat.
 J. No person shall trap or capture any cat and remove or release it to another location
 within or outside the city limits. Relocation of cats is prohibited unless expressly
 authorized by animal control.
Section 9. That Section 6.04.080 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended as follows:
6.04.080 Removal of excrement.
 A. An owner or custodian of any animal shall keep all structures, pens, coops, or yards
 wherein an animal is confined clean and free from excrement and the odor arising from
 excrement. Such area shall also be clean and free of vermin and anything that is likely
 to become putrid, offensive, or injurious to health. An area, structure, pen, coop, or
 yard not maintained in a clean and sanitary condition may be declared a public nuisance
 subject to the process outlined in 6.04.160.
Section 10. That Section 6.04.090 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended as follows:
6.04.090 Number of animals regulated.
 D. Community cats shall not be counted toward the number of animals.
Section 11. That Subsection 6.04.100(A) of the Municipal Code of Davenport, Iowa be and the
same is hereby amended as follows:
 9. Community cats are not wild animals herein.
Section 12. That Section 6.04.130 of the Municipal Code of Davenport, Iowa be repealed and replaced
to read as follows:
6.04.130 Animal noise regulations
 A. A person shall not keep, harbor, feed, or knowingly allow any animal to emit vocalizations
 plainly audible beyond the property line in a manner that meets one of the following objective
 thresholds:
 a. Nighttime (10:00 p.m.–7:00 a.m.): continuous vocalization for 5 minutes or longer, or
 intermittent vocalization totaling 10 minutes within any 1-hour period.
 b. Daytime (7:00 a.m.–10:00 p.m.): continuous vocalization for 10 minutes or longer, or
 intermittent vocalization totaling 30 minutes within any 24-hour period.
 B. Evidence. A violation may be established by (i) officer observation; (ii) audio/video
 recordings that reasonably capture duration and audibility from the complainant’s property;
 (iii) a sworn complaint by two independent witnesses, or one witness corroborated by time-
 stamped recordings or an officer follow-up.
 C. Defenses/exceptions. No violation occurs when the vocalization is:
 a. In response to provocation, trespass, or an immediate threat;
 b. Caused by emergency vehicles or alarms (≤2 minutes);
 c. From permitted agricultural operations in an agricultural zone;
 d. From wildlife not kept/harbored by a person.
 Note: For community-cat caretakers, mere TNR feeding does not create liability unless the
 caretaker’s conduct knowingly or negligently causes repeated violations under §1.
 D. Responsible party. The owner, keeper, or person in control of the premises who allows
 the animal to remain and create the violation is responsible.
 E. Remedies. The enforcing official may issue: (i) a written warning and compliance plan; (ii)
 a municipal infraction; and (iii) abatement under the Code (e.g., indoor confinement during
 quiet hours, colony management conditions for community cats, or removal consistent with
 humane and public-health laws).
Section 13. That Section 6.04.140 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended to read as follows:
6.04.140 Impoundment.
 A. Impoundment Procedure. Unrestrained animals found running at large, nuisance
 animals, neglected animals, abandoned animals, and cats or dogs running at large
 without license tags or rabies vaccination tags shall be taken and impounded in the
 animal shelter and there confined in a humane manner. Community cats may be
 excluded.
Section 14. That Section 6.04.160 of the Municipal Code of Davenport, Iowa be and the same is
hereby amended to read as follows:
6.04.160 Nuisances.
 B. Whenever an animal control officer or police officer determines that a nuisance under
 this chapter exists, the officer may cause a written notice ordering the abatement of the
 nuisance to be served upon the owner or custodian. The notice to abate shall contain a
 description of what constitutes the nuisance, the location of the nuisance, a statement of
 the act or acts necessary to abate the nuisance, a definite time within which the nuisance
 shall be abated which time shall be reasonable under the circumstances, and a statement
 that the City will abate the nuisance if the nuisance is not abated in the manner and
 within the time stated and no request for a hearing is made within the time stated. Notice
 to abate shall be served personally upon the owner or custodian by serving the owner
 or custodian or any person residing at the residence who is at least 18 years old, or by
 serving the owner or custodian by certified mail, return receipt requested. If service is by
 certified mail, service shall be deemed given when mailed.

SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or
void, then the lawful provisions of this ordinance, which are separable from said unlawful
provisions shall be and remain in full force and effect, the same as if the ordinance contained no
illegal or void provisions.
REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and
publication as by law provided.

 First Consideration _________________________

 Second Consideration _________________________

 Approved _________________________________

 Published in the Quad-City Times on _____________________________


 Attest:




__________________________ __________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
City of Davenport, IA
 DAVENPORT CODE 6.04.010

 Chapter 6.04
 ANIMALS
 [Chapter 6.04 Was Repealed And Replaced 5-28-2025 By Ord. No. 2025-224. Prior History Includes
 8-28-2024 By Ord. No. 2024-382; Ord. 2017-451 § 2; Ord. 2017-46 § 2; Ord. 2015-118 §§ 5-7; Ord.
 2006-211 §§ 1-3; Ord. 2003-210 (Part); Ord. 02-573 §§ 1-9; Ord. 2002-501 §§ 1-2; Ord. 2000-285
 §§ 1-12; Ord. 97-247 § 1; Ord. 93-283 § 1 (Part); Portions Of Ords. 75-3, 78-920 And Prior Code
 §§ 4-1, 4-3, 4-4, 4-9, 4-10, 4-11, 4-11A And 4-11B.]

 6.04.010. Definitions. [Added 5-28-2025 by Ord. No. 2025-224]
 For the purpose of this chapter, certain terms and words are defined as set forth in this section unless
 otherwise defined herein.
 A. ADEQUATE FOOD - Means the provision, at suitable intervals as the dietary requirements of the
 species so require, of a quantity of wholesome foodstuff suitable for the species and age sufficient to
 maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean
 receptacle, dish, or container.
 B. ADEQUATE SHELTER - Means a ventilated protective covering which provides sufficient
 protection from moisture, wind, sun, extreme temperatures, or other adverse weather conditions,
 which provides adequate space for standing, sitting, lying, and free movement, and which is
 maintained in a sanitary manner. Adequate shelter may vary by age, species, breed, and physical
 condition of the animal. Structural minimum of adequate shelter is an enclosure with at least three
 solid sides, a roof, a solid and dry resting surface, adequate ventilation, and bedding as appropriate for
 the weather conditions. Metal drums, animal crates or carriers, vehicles, spaces under structures such
 as decks are not considered adequate shelter.
 C. ADEQUATE WATER - Means reasonable access to a supply of clean, fresh, potable water provided
 in a sanitary manner and provided at suitable intervals for the species not to exceed 24 hours at any
 one interval.
 D. ANIMAL - Means a living organism, other than human beings, birds, fish, or invertebrates,
 domesticated or wild, and distinguished from other living things by structural and functional
 characteristics such as locomotion.
 E. ANIMAL CONTROL OFFICER - Means any humane officer employed by a humane society under
 contract with the City, any animal control officer under the jurisdiction of the Chief of Police, or any
 other person authorized by the City Administrator to enforce the provisions of this chapter by means
 of appropriate police powers.
 F. ANIMAL SHELTER - Means a facility which is used to house or contain dogs, cats, or other animals,
 and which is owned, operated or maintained by the City or operated under contract with the City for
 the purpose of humane boarding of animals impounded under the provisions of this chapter or any
 other ordinance.
 G. BOARDING KENNEL - Means a place or establishment other than an animal shelter or pound where
 dogs, cats, or other animals, not owned by the proprietor, are sheltered, fed and watered in return for
 consideration.
 H. CAT - Means all members of the feline species regardless of sex.
 I. COMMERCIAL BREEDER - Means a person, engaged in the business of breeding dogs or cats, who



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City of Davenport, IA

 6.04.010 ANIMALS 6.04.010

 sells, exchanges, or leases dogs or cats in return for consideration, or who offers to do so, whether or
 not the animals are raised, trained, groomed, or boarded by the person. A person who owns or harbors
 three or less breeding males or females is not a commercial breeder.
 J. COMMERCIAL KENNEL - Means a kennel which performs grooming, boarding, or training
 services for dogs or cats in return for consideration.
 K. COMMISSION - Means the Natural Resources Commission of the Department of Natural Resources
 created and established by the Code of Iowa.
 L. COMPANION ANIMAL - A domesticated dog or cat kept for companionship by its caretaker.
 M. DANGEROUS DOG -
 1. Means a dog that has:

 a. Killed a human being;

 b. Taken aggressive action that caused a serious injury as defined in Iowa Code § 702.18 to a
 human;
 c. Killed another domesticated animal, excluding fowl;
 d. Twice within a forty-eight-month period attacked, bitten, or otherwise caused an injury to
 a person engaged in lawful activity; or
 e. An animal judicially or administratively determined to be a dangerous animal or similar
 designation by the City Davenport or another jurisdiction with a substantially similar
 definition of dangerous animal.
 2. The following circumstances shall be excluded from the definition of a dangerous dog:

 a. An animal engaged in law enforcement work that is engaged in official law enforcement
 activities at the time of the attack or bite;
 b. A security service dog registered with animal control on its designated restricted
 nonresidential property at the time of the attack or bite;
 3. The following circumstances may be excluded from the definition of a dangerous dog:
 a. An animal that attacks or bites a person who is engaged in unlawful activity against the
 person or property of another at the time of the attack or bite;
 b. An animal that attacks or bites in order to protect a human being, domestic animal, or
 livestock;
 c. An animal that was attacked by an animal at large;
 d. An animal that was deliberately provoked by the person or animal that was harmed;

 e. An animal that bites in an animal care facility, veterinary office, animal shelter, or other
 state-licensed animal facility; or
 f. An animal that kills another domesticated animal owned by the same owner or the incident
 originated on the property of the attacking or biting dog's owner.




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City of Davenport, IA

 6.04.010 DAVENPORT CODE 6.04.020

 N. DOG - Means all members of the species Canis familiaris.
 O. EUTHANASIA - Means the humane destruction of an animal accomplished by a method that involves
 instantaneous unconsciousness and immediate death or a method that involves anesthesia, produced
 by an agent which causes painless loss of consciousness, and death during the loss of consciousness.
 P. FUR-BEARING ANIMALS - Means the following which are declared to be fur-bearing animals for
 the purpose of regulation and protection under this chapter: beaver, badger, mink, otter, muskrat,
 raccoon, skunk, opossum, spotted skunk or civet cat, weasel, coyote, bobcat, wolf, groundhog, red
 fox, gray fox, and any other animals defined as fur-bearing by Iowa Code 481A.
 Q. HOUSING FACILITIES - Means any room, building or area used to contain a primary enclosure or
 enclosures.
 R. OWNER - Means any person having a right of property in an animal, or who keeps or harbors an
 animal, or who has it in his or her care, or who acts as its custodian, or who knowingly permits an
 animal to remain on or about any premises owned or occupied by him or her for three or more days.
 S. PERSON - Means an individual, partnership, corporation, or association and includes any officer,
 employee, or agency thereof.

 T. PET SHOP - Means an establishment where any dog, cat, rabbit, rodent, fish other than live bait, bird,
 or other vertebrate animal is bought, sold, exchanged, or offered for sale.
 U. PRIMARY ENCLOSURE - Means any structure used to immediately restrict an animal to a limited
 amount of space, such as a room, pen, cage or compartment.
 V. SANITARY CONDITION(S) - Means premises free from accumulated animal waste, offensive
 odors, overcrowding, insects or rodents due to animal keeping, or health or safety risk to humans or
 animals.

 W. SECURITY SERVICE DOG - Means any dog trained or used to perform security-related tasks,
 including guarding, protecting, patrolling, rescuing, or defending persons or property, in the custody
 and control of a handler.
 X. SERVICE ANIMAL - Means a dog or miniature horse that is individually trained to do work or
 perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric,
 intellectual, or other mental disability or as otherwise defined by the Americans with Disabilities Act.
 The crime deterrent effects of an animal's presence and the provision of emotional support, well-being
 or companionship do not constitute work or tasks for the purposes of this definition.
 Y. TAKE - Means any pursuing, hunting, killing, trapping, snaring, netting, searching for, shooting at,
 stalking or lying in wait for, or attempting any for the foregoing, any animal protected by state laws,
 regulations or rules adopted by the Commission or this chapter.

 6.04.020. License required. [Added 5-28-2025 by Ord. No. 2025-224]

 A. Every dog and every cat shall be licensed. Dogs and cats shall be licensed within 30 days of the date
 they are initially inoculated for rabies and annually within 30 days' time of the date of the current
 rabies vaccination. No person shall have, harbor, keep or possess any unlicensed dog or cat in violation
 of this chapter.




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City of Davenport, IA

 6.04.020 ANIMALS 6.04.020

 B. Licenses shall be purchased from the animal control, veterinarians practicing in the Quad Cities area,
 or online with evidence of a current rabies vaccination signed by a licensed veterinarian. Veterinarians
 who inoculate a dog or cat shall be required to share rabies vaccination documentation with the City
 of Davenport or its designee on a minimum of a monthly basis. Established fees collected by
 veterinarians shall be submitted to the county animal control facility in a manner agreed upon by the
 animal control and the individual veterinarians. Veterinary offices may charge an administration fee
 not to exceed $5 per tag.
 C. Licenses are not transferable between animal owners or animals.
 D. Annual license fees shall be set by resolution of the City Council:
 1. Neutered/spayed dog or cat (altered).

 2. Non-altered dog or cat.

 3. Dogs governed by Section 6.04.110 Dangerous dogs shall as set by Resolution 2024-393 and
 subsequent resolutions.
 In lieu of an animal owner obtaining a license annually, the owner may purchase a multi-year
 license, which may be obtained to cover the period for which the current rabies vaccination
 is effective (a multiple year license). The fee for a multi-year license shall be calculated
 by multiplying the applicable annual license fee by the number of years the current rabies
 vaccination covers.
 E. Residents age 60 or older and residents who are recipients of social security disability insurance
 benefits may license their neutered dogs or cats for an annual fee of $1.
 F. Upon proof of loss, a duplicate license tag may be obtained upon payment of a replacement fee not to
 exceed $5.
 G. A person owning or possessing any dog or cat who moves into the City shall obtain a license for said
 animal within 30 days of the date the person takes up residency in Davenport.
 H. Notwithstanding the licensing requirements of this chapter, the following animals shall not be required
 to be licensed while in the City:
 1. Animals whose owner or custodian is a nonresident of the City and who are visiting within the
 City temporarily. Temporarily means for a period of time 30 days or less within any consecutive
 twelve-month period.
 2. Animals brought into the City for participation in a show, exhibition, demonstration or exhibit
 and which remain in the City for a period of 30 consecutive days or less.
 I. The executive director of animal control or an animal control officer may revoke a person's privilege
 to license and keep a dog or cat within the City. Such revocation shall be for a period as determined
 by the executive director or animal control officer. Revocation of the privilege to license and keep a
 dog or cat within the City may be initiated if the owner or custodian of the dog or cat has committed
 any violations of the provisions of this chapter, except violations for failing to license an animal as
 required by this chapter shall not be included as violations leading to revocation within any
 consecutive twelve-month period. A violation shall be shown by a conviction upon a citation or a
 finding by the Deputy City Clerk or by a non-appealed notice of violation.
 J. An owner or custodian whose privilege has been revoked shall, within 10 days after notice of the



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City of Davenport, IA

 6.04.020 DAVENPORT CODE 6.04.030

 revocation, remove from their residence all dogs and cats which the person owns, keeps, harbors
 or maintains. If the license is revoked, the owner or custodian shall surrender the animal to animal
 control or permanently remove the animal from the City limits within five calendar days after either
 the time for appeal has expired or the decision of the Deputy City Clerk has been served on the owner
 or custodian. If the animal is found in the City after the five-day period, it shall be immediately
 impounded. Failure to remove a dog or surrender it to animal control may be prosecuted as a municipal
 infraction violation or simple misdemeanor. An owner whose license has been revoked shall inform
 animal control in writing upon the animal's removal from the City limits the name, address and
 telephone number of the animal's new owner, the location where the animal will be kept and the
 name and description of the animal. In addition, the owner shall notify the new owner in writing of
 any details concerning any and all complaints concerning the animal, and any terms, conditions or
 restrictions imposed by animal control as to the animal. The owner shall provide animal control with a
 copy of the notification provided to the new owner as well as an acknowledgment by the new owner
 of the receipt thereof.
 K. Upon revocation of a person's privilege to license and keep dogs or cats, no part of the licensee fee
 shall be refunded.
 L. During the period of revocation, any dog or cat which the person owns, keeps, harbors or maintains
 at their residence may be immediately confiscated upon its discovery and disposed of by animal
 control absent clear and convincing proof that the animal or animals belong to a person visiting the
 resident.
 M. The animal control officer shall provide the owner or custodian of the animal or animals, as shown on
 animal control records, so confiscated with notice of the confiscation. If the animal or animals are
 unlicensed or no record exists as to the owner or custodian of an animal, notice of confiscation shall
 be directed to the address of the residence.
 N. Any person whose privilege to license and keep animals has been revoked, but who owns, keeps,
 harbors or maintains a dog or cat during the period of the revocation shall have an additional period
 of up to one year added to the original period of revocation for each violation of the revocation.
 O. The notice of revocation or notice of extension of the revocation period, or notice of confiscation of
 any animal may be appealed as provided in Section 2.86.020 of the City Code. If appealed, the hearing
 shall be scheduled and held as provided by the procedures in Chapter 2.86 of the City Code. If the
 City demonstrates sufficient evidence in support of its determination, the burden shall shift to the
 appealing party to demonstrate by clear and convincing evidence that he or she has had no role in the
 care, supervision, possession or control of the animal or that the incident which caused the
 enforcement action by the City was caused by a third party or event not under the supervision or
 control of the appealing party. If no timely appeal is filed, the notified person shall be deemed to have
 waived all rights to challenge the action taken by the City.
 P. When permanent ownership of an animal is transferred, the new owner shall, within 14 days from the
 date ownership is assumed, obtain a license if the animal is required to be licensed pursuant to this
 chapter.

 6.04.030. Display of license. [Added 5-28-2025 by Ord. No. 2025-224]

 The license tag obtained pursuant to Section 6.04.020 shall be securely attached to a substantial collar which
 collar shall be worn by the animal at all times. License tags are not transferable to any other animal. Upon
 demand, the owner of an animal shall display the City license to an animal control officer or



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City of Davenport, IA

 6.04.030 ANIMALS 6.04.050

 Davenport police officer.

 6.04.040. Rabies vaccination and reporting. [Added 5-28-2025 by Ord. No. 2025-224]

 A. All dogs, cats and ferrets shall be inoculated against rabies by a licensed veterinarian upon such animal
 attaining the age as defined by Iowa Code § 351.33. Rabies vaccinations shall be readministered at
 least once every three years for dogs and cats and once every year for ferrets or as otherwise
 recommended by the United States Department of Agriculture.
 B. A person who acquires a dog, cat or ferret that does not have a current rabies vaccination certificate
 shall have the animal inoculated for rabies within 30 days after the animal was acquired or within 30
 days of the animal attaining the age as defined by Iowa Code § 351.33, if the animal was not yet of
 age when acquired.
 C. The owner or custodian of any animal required to be vaccinated against rabies shall keep a current
 rabies vaccination tag securely attached to a substantial collar which shall be worn by the animal at
 all times.
 D. Whenever a veterinarian inoculates an animal for rabies the veterinarian shall complete a rabies
 vaccination report which shall be forwarded to the City or its designee. The report shall contain the
 following information:
 1. The name, age and sex of the animal;
 2. A general description of the animal;
 3. The date the current vaccination was given to the animal;
 4. The revaccination date;
 5. The vaccination tag number assigned to the animal; and
 6. The name and address of the animal's owner or custodian.

 The veterinarian shall sign the report and all reports shall be sent to animal control within 30
 days of the administration of the vaccination.

 6.04.050. Report of bites required. [Added 5-28-2025 by Ord. No. 2025-224]

 A. Any person having knowledge of any dog, cat, or ferret bite or scratch which has caused a skin
 abrasion upon any person or for which the victim required medical attention, which bite or scratch
 occurred within the City, shall immediately report such fact to animal control or the Davenport Police
 Department. This section shall not apply if said bite or scratch occurred while the animal was being
 treated, confined, or housed within a veterinary hospital or clinic and that facility knows such animal
 is currently inoculated for rabies and has the certification to prove such inoculation. In such cases,
 reporting of the bite or scratch shall be discretionary with the veterinary hospital or clinic.
 B. Any animal that has been involved in biting a person must be quarantined for 10 days from the date
 of the bite. Such confinement may be at the premises of the owner if deemed appropriate and sufficient
 safeguards are provided to the discretion of the animal control officer and/or the Scott County Health
 Department. If an animal is not quarantined at the owner's premises, it shall be confined at the animal
 shelter or at a licensed veterinary hospital of the owner's choosing. All costs of the quarantine shall be
 the owner's liability. This section shall not apply to police canines.



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City of Davenport, IA

 6.04.050 DAVENPORT CODE 6.04.060

 C. The owner of an animal that has been reported as having inflicted a bite on a person shall, on demand,
 produce the animal for examination and quarantine to an animal control officer or police officer. It is
 unlawful to fail to or refuse to produce such an animal. Failure to produce an animal demanded shall
 subject the owner or custodian to arrest if probable cause exists to believe the animal inflicted a bite
 on a person or other animal.
 D. It is unlawful for any person to remove any animal which has been quarantined pursuant to this chapter
 from its place of quarantine without the express consent of an animal control officer and/or Scott
 County Health Department officer.

 6.04.055. Livestock and poultry prohibited. [Added 5-28-2025 by Ord. No. 2025-224]

 A. Notwithstanding the provisions of Chapter 6.06 of the Davenport Municipal Code, it shall be unlawful
 to maintain, keep or harbor any cattle, swine (except Vietnamese or Asian potbellied pigs), sheep,
 llamas, horses, jacks, goats, guinea fowl, ostriches, poultry (domestic chickens, turkeys, geese, and
 ducks), or similar domestic animals raised for home use or for profit within the City limits unless the
 property upon which such animals are maintained, kept or harbored is zoned as agricultural property.
 This section shall not apply to a bona fide zoological garden, pet shop, educational institute, circus,
 carnival, or veterinary hospital treating such animals.
 B. It shall be unlawful for any person to ride any animal upon the public or private sidewalks within the
 City, nor shall any person ride any animal upon a public street or right-of-way during the hours of
 sunset to sunrise, except for public parades for which a permit has been issued by the City.
 C. The lawful keeping of livestock, which is otherwise unlawful by reason of the enactment of this
 chapter, may be continued upon property located within the City, provided livestock was maintained
 thereon prior to the enactment of this chapter, and may be continued until such time as livestock is no
 longer kept or maintained upon such property. The burden of proving the maintenance of livestock
 upon a parcel of land within the City proper to the enactment of this chapter shall lie with the person
 claiming such prior existence. Nothing herein shall be deemed to exempt an owner of livestock within
 the City limits from the enforcement of nuisance or other laws regarding the keeping of such livestock.

 6.04.060. Animal running at large. [Added 5-28-2025 by Ord. No. 2025-224]
 A. It shall be unlawful for the owner or custodian of any dog, cat, or other animal to fail to keep the same
 from running at large within the City. For the purpose of this chapter, an animal shall not be deemed
 running at large, even if the animal is not restrained, as long as one of the following situations applies:
 1. When the animal is restrained either upon the premises of the owner or custodian or upon
 another's premises with the permission of the owner of that premises, so long as the animal is
 restrained in such a manner that it cannot enter on the public streets, sidewalks, alleys, other
 public areas, or property not owned by the owner, custodian, or permittee, unless the animal has
 been declared dangerous or vicious, in which case the provisions of Section 6.04.110 shall apply.
 2. When the animal is confined or restrained upon the premises of the owner or custodian within a
 secured building, or within a secured pen, enclosure or similar structure which has secured sides,
 bottom, and top such that the animal cannot escape, or within fencing or similar means secured
 such that the animal cannot escape and which is fastened by an adequate locking device.
 3. When an animal is enclosed within an automobile or other vehicle of its owner or custodian




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City of Davenport, IA

 6.04.060 ANIMALS 6.04.070

 such that it cannot escape and such that said confinement does not endanger the animal's health
 or well-being.

 4. When the animal is being walked off the premises of its owner or custodian so long as the animal
 is on a leash not more than six feet in length and under the control of a person competent to
 restrain and control the animal.
 5. When the animal is properly housed in a veterinary hospital or registered kennel.
 B. Notwithstanding any provision to the contrary, animals injured on or along public streets or public
 rights-of-way shall be deemed running at large. The animal control officer or Davenport police officer
 shall remove all such animals and at his or her discretion take such an animal needing medical
 attention to a veterinarian or animal shelter. The owner or custodian of such an animal shall be
 responsible and liable for the expenses of medical treatment and care as well as impoundment fees
 and any other penalties imposed by this chapter. Dead animals on or along public streets shall be
 removed by City operations staff.
 C. Every female dog or cat in heat shall be confined in a building or secure enclosure during the period
 of heat, in such a manner as will prevent the animal from coming into contact with the other animals
 unless the animal is used in a planned breeding situation. An animal is deemed to be in heat when it
 is in an estrogous state or ovulating. Nothing in this subsection shall be construed to prohibit
 exercising the animal, provided the animal is restrained on a leash or similar restraint not more than
 six feet in length and is under the control of a person competent to restrain and control the animal or
 from transporting such animal within a motor vehicle.
 D. Any dog, cat, or other animal which is found in violation of this section may be impounded. Any such
 animal impounded may be redeemed by its owner or custodian within three days from the time
 specified in Section 6.04.140 and upon payment of the applicable redemption fee, current rabies
 vaccination fee unless current rabies inoculation is proven, the current licensing fees and penalties if
 the animal is unlicensed, impoundment fees, and the fees, costs and charges for any emergency
 medical treatment administered to the animal. Redemption fees shall be set by resolution of the City
 Council:
 1. For a first violation.
 2. For a second violation.
 3. For a third violation.
 4. Fourth violation will result in the revocation of the license to keep the animal.

 E. Any violation of this section may result in the immediate apprehension and impoundment of the
 animal by an animal control officer. After the time specified in Section 6.04.140, animal control may
 dispose of an unredeemed animal. If an animal control officer is unable to apprehend an animal or
 impoundment is not feasible, the animal control officer shall provide the owner or custodian of the
 animal with a notice of violation under the procedures contained in Section 6.04.155.

 6.04.070. Mistreatment of animals. [Added 5-28-2025 by Ord. No. 2025-224]

 The following acts shall constitute mistreatment of animals, and shall subject the owner or other person to
 the penalty provisions of state law and the Municipal Code:
 A. Failure to provide the animal access to adequate food, adequate water, and easy access to adequate



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City of Davenport, IA

 6.04.070 DAVENPORT CODE 6.04.075

 shelter from the elements;
 B. Beating, tormenting, overloading, overworking, or molesting an animal;

 C. Permitting or encouraging any combat between animals, or between animals and humans, unless the
 animal is trained and used by a government agency and accompanied by the appropriate government
 agency handler;
 D. Abandoning an animal as defined by Iowa Code 717B;

 E. Exposing any known poisonous material with the intent of allowing or encouraging the material to be
 eaten by any bird, fowl, domesticated animal, community cat, or livestock;
 F. Failure to maintain sanitary conditions where animals are kept;
 G. Harboring or owning any sick, diseased or injured animal without procuring veterinary care for said
 animal(s);
 H. Maintaining an animal in such conditions and hygiene that the animal is unable to walk or move
 normally, conduct routine bodily functions, or stay clean and free of urine, fecal matter, open wounds,
 disease, and parasites;
 I. Leaving an animal in a vehicle, on a vehicle, tethered or confined for a length of time that could result
 in danger to or death of an animal. If the City of Davenport or designee determines that such animal
 is in immediate danger, the City of Davenport or designee may remove the animal by whatever means
 necessary without liability, for the purpose of taking the animal into protective custody pursuant to
 Iowa Code § 717B.5, Rescue of threatened animals;
 J. Intentionally injuring, maiming, disfiguring, mutilating, or destroying an animal by any means that
 causes pain or suffering;

 K. Cropping or docking of an animal's ears or tail, except by a licensed veterinarian, under anesthesia,
 and following accepted pain management practice;
 L. Chaining, tethering, penning, or otherwise restraining or confining an animal outdoors for more than
 15 minutes without access to adequate food, adequate water, adequate shelter, and adequate protection
 from the elements.

 6.04.075. Disposition of Mistreated Animals. [Added 5-28-2025 by Ord. No. 2025-224]

 Impoundment procedures of threatened or mistreated animals:
 A. A law enforcement officer or animal control officer, after consulting with a veterinarian licensed by
 the state, may rescue a threatened animal as provided in this section. The officer may enter onto private
 property to rescue a threatened animal if the officer obtains a search warrant issued by a court or enters
 onto the premises in a manner consistent with the laws of the State of Iowa and the Unites States,
 including Article 1, Section 8 of the Constitution of the State of Iowa and the Fourth Amendment to
 the Constitution of the United States;
 B. If an animal is rescued pursuant to this section, the City shall provide for the maintenance of the
 threatened animal at a licensed shelter or through a contract with an animal care provider. The City or
 designee shall post a notice in a conspicuous place at the location where the animal was rescued. The
 notice shall state that the animal has been rescued by the City pursuant to this section and Iowa Code
 § 717B.5 as amended;


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City of Davenport, IA

 6.04.075 ANIMALS 6.04.100

 C. The animal shall be subject to disposition as required by a court pursuant to Iowa Code § 717B.4, as
 amended;

 D. The disposition of a threatened animal rescued by the City shall occur as provided in Iowa § Code
 717B.4, as amended.

 6.04.080. Removal of excrement. [Added 5-28-2025 by Ord. No. 2025-224]

 A. An owner or custodian of any animal shall keep all structures, pens, coops, or yards wherein an animal
 is confined clean and free from excrement and the odor arising from excrement. Such area shall also
 be clean and free of vermin and anything that is likely to become putrid, offensive, or injurious to
 health. An area, structure, pen, coop, or yard not maintained in a clean and sanitary condition may be
 declared a public nuisance.
 B. It shall be unlawful for an owner or custodian to permit an animal to discharge excrement upon any
 public property, common area, common thoroughfare, street, sidewalk, alley, play area, park or private
 property unless the excrement is immediately picked up and disposed of in an appropriate refuse
 container. If the owner of private property has given another owner or custodian permission for their
 animal to use their private property then this section shall not apply to that particular usage.
 C. Animal excrement shall not be placed in storm sewers or street gutters, but shall be picked up and
 disposed of in a sanitary manner in an appropriate refuse container.

 6.04.090. Number of animals regulated. [Added 5-28-2025 by Ord. No. 2025-224]

 A. It is unlawful for any person to keep or maintain at any one location within the City more than four of
 the following types of animals, those being dogs, cats, ferrets, and potbellied pigs; and of those four
 no more than three shall be of the same species. This limitation applies to animals that are more than
 six months old or animals that are from more than one litter that are more than three months old. This
 limitation shall not apply to any person provided that person (1) is licensed to operate a kennel, animal
 shelter, pet shop, boarding kennel, commercial kennel, commercial breeder operation, veterinary
 hospital, zoological garden, circus, carnival, educational or medical institution, or research facility as
 defined by state law, and said person is in compliance with the zoning ordinances of the City, or (2) if
 such animals are kept or maintained upon property zoned as agricultural property within the City, or
 (3) if said person has applied for and obtained a permit to keep more than four animals from animal
 control and said person keeps said animals within a residentially zoned district and exception (1),
 above, does not apply to said person. Upon receipt of an application for a permit as provided by this
 section and the payment of a $10 fee, an animal control officer shall inspect the applicant's animal
 housing facilities and the sanitary condition of the same. If the housing facilities are adequate and kept
 in a sanitary condition, an excess number of animals permit shall be issued.
 B. Indoor pets such as gerbils, hamsters, guinea pigs, mice, birds, fish, snakes and reptiles, and similar
 animals normally maintained as pets in an enclosure inside of a dwelling are not proscribed by this
 section unless specifically regulated by other sections.
 C. If a person is found to be keeping more than four animals without the permit required by this section,
 the excessive number of animals may be immediately removed from the property and impounded.
 Any such impounded animals shall be held for seven days and if the owner has not either complied
 with the requirements of this section or petitioned the court for the return of the animals by the end of
 the seventh day, the animal shelter shall seek to permanently place the animals or euthanize such
 animals.



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City of Davenport, IA

 6.04.100 DAVENPORT CODE 6.04.100

 6.04.100. Wild, exotic or dangerous animals prohibited. [Added 5-28-2025 by Ord. No. 2025-224]
 A. It shall be unlawful for any person to own, possess, harbor, maintain, sell or traffic in any of the
 following wild, exotic or dangerous animals:
 1. All poisonous snakes and poisonous reptiles; all nonpoisonous snakes greater than 10 feet in
 length; Gila monsters, alligators, crocodiles and caimans;

 2. Gorillas, chimpanzees, orangutans, baboons, and other non-human primate mammals, both
 arboreal and nonarboreal;
 3. Any species of feline not falling within the categories of ordinary domesticated house cats Felis
 catus;
 4. Bears or any species;
 5. Raccoons, porcupines, skunks, badgers, and other similar fur-bearing animals except ferrets;
 6. Foxes, wolves, coyotes, or other species not falling within the category of Canis familiaris;

 7. Any animal of any species known to be vicious or dangerous, excluding animals covered by
 Section 6.04.110;
 8. Any animal prohibited under Iowa Code Chapter 717F.

 B. This subsection shall not apply to any bona fide zoological garden, bona fide educational or medical
 institution, museum, veterinary hospital, wildlife rescue entity or wildlife rehabilitation entity with an
 appropriate permit from the state, any such animals under the jurisdiction of the Commission, game
 breeders, a circus or carnival licensed by the City, nor shall it apply to a bona fide research institute
 or facility using wild, exotic or dangerous animals for scientific research. In addition, this section shall
 not apply to any primate trained and used to assist a handicapped person.
 C. Any wild, exotic or dangerous animal found within the City in violation of this section is deemed a
 public nuisance per se. If a wild, exotic or dangerous animal is found to be roaming at large within
 the City, it may, in the discretion of the Police Department or animal control officer, be destroyed
 immediately without prior notice to the owner thereof. The City and its agents shall be under no duty
 or obligation to capture or otherwise confine the animal.
 D. Any person found to be keeping, sheltering, harboring or maintaining a wild, exotic or dangerous
 animal in violation of this section is subject to the animal's immediate seizure as contraband. Any
 animal so seized shall be held for three business days. If the owner has not petitioned the court
 regarding disposition of the animal and served notice of the pendency of the owner's petition for
 disposition of the animal on animal control within that time period, animal control may euthanize the
 animal or permanently place it with an entity which is exempt from the provisions of this section. If
 necessary, animal control may impound a wild, exotic or dangerous animal at another facility. The
 animal's owner shall be responsible for all costs and expenses incurred by animal control or the City
 which arise as a result of the seizure and impoundment of a wild, exotic or dangerous animal. Under
 no circumstance shall a wild, exotic or dangerous animal be returned to or placed with a nonexempt
 entity within the City limits. If a wild, exotic or dangerous animal is ever again found to be within the
 City in violation of this section, it shall be immediately confiscated and disposed of as animal control
 deems appropriate.
 E. Any person keeping wild, exotic or dangerous animals prior to the enactment of this chapter shall be



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City of Davenport, IA

 6.04.100 ANIMALS 6.04.110

 allowed to keep such animals for the duration of the animal's natural life. Upon the death of a wild,
 exotic or dangerous animal, the owner of such animal shall not be allowed to replace such animal
 except as otherwise allowed by this section. The burden of proving the prior ownership of a wild,
 exotic or dangerous animal prior to the enactment of this chapter lies with the person keeping such
 wild, exotic or dangerous animal. Nothing herein shall be deemed to exclude the enforcement of
 nuisance or other laws on the owner of such animals.

 6.04.110. Dangerous dogs. [Added 5-28-2025 by Ord. No. 2025-224]

 A. Any person keeping a dog deemed dangerous or vicious prior to June 1, 2025, shall be allowed to
 keep such animal for the duration of the animal's natural life and shall be excluded from the
 requirements of this chapter for dangerous dogs if the following conditions are met:
 1. The animal has been microchipped and that microchip is registered with animal control;
 2. The animal remains licensed under the requirements of this chapter;
 3. The animal's owner or custodian posts their property with conspicuous signs warning of the
 presence of a dog;
 4. The animal's owner or custodian maintains continuous residency within the City of Davenport;
 5. The animal's owner or custodian complies with any provision deemed necessary by the executive
 director of animal control in consultation with the City of Davenport Legal Department to ensure
 public safety; and
 6. The animal is not involved in a bite, attack, or dangerous behavior incident as defined by this
 chapter. Any new incidents involving a grandfathered dog will be evaluated under the criteria of
 the definition effective June 1, 2025.
 B. The declaration that a dog is dangerous shall be made by an animal control officer. Notification of the
 declaration and the owner's appeal rights shall be made in accordance with the procedures contained
 in Section 6.04.155.

 C. No person shall own, keep, harbor, foster, or maintain any dog that has been declared dangerous except
 as provided herein.
 D. No person shall allow a dangerous dog to be in or upon any premises or vehicle owned, leased,
 occupied, or controlled by the person, except as provided herein.
 E. No person shall bring any dangerous dog into the City of Davenport without approval of the City
 Administrator.
 F. No person shall allow a dangerous dog in a City park or off-leash dog area.

 G. Upon receiving a complaint or having reasonable suspicion that a dangerous dog is being kept,
 sheltered, or harbored within the City, animal control or the City of Davenport may initiate an
 investigation. If, after investigation, animal control or the City of Davenport determines that a
 dangerous dog is indeed being kept, sheltered, or harbored within the City by any person, the City of
 Davenport, or its designee, shall declare the animal a dangerous dog. The owner or caretaker of the
 dog shall then be ordered to either humanely euthanize the animal or have it microchipped and
 rehomed outside the City limits within 14 calendar days from the date of service of the order. Until
 the dog is euthanized or rehomed, it must be securely confined or leashed under the direct control of



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City of Davenport, IA
 6.04.110 DAVENPORT CODE 6.04.115

 a person 18 years of age or older.
 H. Notice of the declaration that a dog has been deemed dangerous shall be promptly served in person to
 the owner, if known. If personal service cannot be completed within the City limits, the notice may
 be sent by certified mail. The notice shall include:
 1. Description of the animal;
 2. Declaration that the animal has been deemed dangerous;
 3. The basis for the declaration;

 4. An order requiring the owner to humanely euthanize the dog or have the dog microchipped and
 rehomed outside the City limits within 14 days of the service of the notice;

 5. A warning that the dog will be subject to seizure if it is not rehomed or humanely euthanized
 within the required timeframe; and
 6. Information on the right to appeal, stating the owner may file a written notice of appeal with the
 Legal Department within 14 days from the date of service.
 I. If the owner is ordered to humanely euthanize the dog or have it microchipped and rehomed outside
 the City limits, the owner must comply within the required timeframe of the notice of the declaration.
 If the owner fails to do so, the City of Davenport or its designee is authorized to seize and impound
 the animal. Additionally, the animal may be seized at any time if it is not securely confined or leashed
 under the direct control of a person 18 years of age or older. An impounded animal shall be held for
 14 days or, if an appeal is filed, until seven days after the final decision of the appeal. If the appeal
 results in a reversal of the dangerous declaration, the animal shall be immediately released to the
 owner or their representative. However, if the declaration remains in effect and the owner does not
 seek a review by the district court, the City of Davenport or its designee shall proceed with the
 disposition of the animal in accordance with the policies of the organization providing shelter services.
 J. Orders and declarations concerning dangerous dogs issued by the City of Davenport or its designee
 may be appealed through the administrative appeal procedure set forth in Section 6.04.165 of this
 Code.
 K. Any dog alleged to be dangerous and held under impoundment or quarantine shall not be released to
 the owner but shall remain confined at the owner's expense until the outcome of the hearing is
 determined. If the dog is deemed dangerous, all costs associated with its impoundment or quarantine
 shall be the responsibility of the owner. If the Animal Hearing Commission after a full and complete
 hearing determines the animal should not be deemed dangerous, all costs of the impoundment and/or
 quarantine will be the responsibility of the City of Davenport.
 L. Failure to comply with an order issued by the City of Davenport or its designee under this section
 whether not appeal or upheld on appeal shall constitute a misdemeanor offense. A violation of any of
 the provisions of this section may be charged as a simple misdemeanor offense. Additionally, any
 animal control or police officer shall have the right to seize and impound the animal if any of the
 conditions and specifications established by this section are not being met.

 6.04.115. Security service dogs. [Added 5-28-2025 by Ord. No. 2025-224]
 A. No person shall engage in the business of providing security service dog service in the City or to act




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City of Davenport, IA

 6.04.115 ANIMALS 6.04.120

 as a handler, unless said person has obtained a license as required by this section prior thereto.
 B. No person shall own or have the care or custody of a security service dog unless the person has secured
 a working service dog license, tag and identification number from the City or its agent. The fee for
 each security service dog license shall be $10. No security service dog license or tag shall be issued
 unless said working service dog is currently vaccinated for rabies.
 C. An application for a license to operate, maintain and conduct security service dog service in the City
 shall be filed, together with an application fee of $200, with the City or its agent. The application shall
 state the name, address, type of organization of security service dog service, its method of operation,
 the names and addresses of its officers, and the names of its employees and include evidence that the
 applicant is a bona fide security service licensed by any state or federal authority. The application
 must be accompanied by an insurance certificate or a surety bond underwritten by a corporate surety
 admitted to do business in the State of Iowa, in a form approved by the City Attorney, in the sum of
 $300,000 blanket coverage for the security service dog service. The security dog service and surety
 shall be jointly and severally liable to any person, firm or corporation for damages suffered by reason
 of the wrongful acts of the security service dog service. Notice of proposed cancellation of the
 insurance or bond shall be provided to the City or its agent not less than 30 days in advance of the
 cancellation date.
 D. Each applicant for a security service dog handler license shall be a natural person and shall pay an
 annual fee of $100 and shall be required to carry insurance or a surety bond in the amount of $100,000
 covering the same items as set forth in subsection C above. A security service dog service licensed
 under subsection C above need not obtain a separate handler license under this subsection.
 E. It shall be unlawful for any person to engage in any business or occupation licensed under this section
 in the City unless such person holds a valid license pursuant to this section. A violation of this section
 may be charged as a simple misdemeanor.
 F. Every handler or owner of a security service dog shall see to it that such animal wears a clearly visible
 tag approved by the City or its agent at all times it is within the City unless the dog is performing a
 security service which requires not wearing a tag in order to perform the service safely. Such tag shall
 have stamped thereon "Security Service Dog, Tag No., City of Davenport," and the year the tag was
 issued for. Lost or stolen tags shall be immediately reported to the City or its agent and shall be
 replaced by the City or its agent at the cost provided for other tags as stated in this chapter.
 G. Any security service dog service or handler that sells or otherwise transfers ownership of any security
 service dog shall, not less than 10 days after the transfer, file a report with the City or its agent
 containing the name and address of the person to whom such dog was transferred, a description and
 identification tag number of the dog, and any other information the City or its agent deems necessary.
 H. Any person whose security service dog is lost or stolen or whose dog has died shall, within 24 hours
 of the loss or theft, or within 10 days of the death, file a report with the City or its agent containing a
 description and identification tag number of the dog, and any other information the City or its agent
 deems necessary.
 I. A security service dog, properly registered as required by this section, in the custody and control of a
 licensed security service dog service or handler, shall not be declared to be a dangerous or vicious
 dog, provided that at the time of attack said dog was under the direct supervision of a security service
 dog service or licensed handler.




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City of Davenport, IA

 6.04.120 DAVENPORT CODE 6.04.140

 6.04.120. Damage to property. [Added 5-28-2025 by Ord. No. 2025-224]
 No person shall allow or permit their animal to damage, injure, or destroy any shrubbery, plants, flowers,
 grass, fence, or anything whatsoever upon public or private property without prior permission from the
 property owner or authorized person.

 6.04.130. Barking dogs regulations. [Added 5-28-2025 by Ord. No. 2025-224]

 It shall be unlawful to keep or harbor any dog which, by frequent, regular, habitual, or continued barking,
 yelping, or howling shall cause serious annoyance to the surrounding neighborhood. Such action is a
 violation of this chapter and is also hereby declared a public nuisance. The animal control officer or a
 Davenport police officer shall have the authority to use all reasonable means to abate such nuisance,
 including but not limited to requiring that the owner or custodian make bona fide efforts to quiet the dog
 and impoundment of the dog if the owner or custodian is absent from the premises. If the dog is impounded,
 the officer shall attempt to locate and notify the absent owner or custodian by any reasonable means as soon
 as possible.

 6.04.140. Impoundment. [Added 5-28-2025 by Ord. No. 2025-224]

 A. The City may establish and maintain a municipal animal shelter or the City may contract with any
 nonprofit incorporated society or association which shall provide and maintain an animal shelter for
 the enforcement of this chapter. It shall be the duty of the persons authorized by the City to operate
 such animal shelter to supervise and control such facility, to cause the shelter to be kept in a sanitary
 condition and free from offensive odors, to provide for adequate food, water and shelter, to provide
 for the collection of animals, to handle the destruction or disposition of animals not redeemed, and to
 assist in the enforcement and operation of this chapter. The provisions of this chapter shall be
 enforceable by any animal control officer and by members of the Davenport Police Department.
 B. Impoundment procedure. Unrestrained animals found running at large, nuisance animals, neglected
 animals, abandoned animals, and cats or dogs running at large without license tags or rabies
 vaccination tags shall be taken and impounded in the animal shelter and there confined in a humane
 manner. All at large and impounded dogs and cats shall have an electronic identification device,
 otherwise known as a microchip, placed under the animal's skin after 72 hours in impound, unless
 waived by the executive director of animal control or their designee for good cause. The microchip
 identification shall become part of the at large animal's record, and the impoundment fee shall be
 increased to include the cost of the microchip implantation and registration in the amount set by
 Animal Control.
 C. Notice. Every dog or cat found without a license, collar, microchip, rabies tag, or similar identification
 shall be kept for not less than three days after being impounded unless sooner redeemed by the owner
 in accordance with this chapter. Dogs with identification shall be kept not less than seven days after
 being impounded unless sooner redeemed by the owner in accordance with this article.
 D. Claim Fees. A person redeeming an impounded dog or cat shall pay the required redemption fee as
 stated in Section 6.04.060 for a first, second or third offense and the required boarding fees as provided
 for by this section. In addition, before an unlawfully unlicensed animal may be redeemed, the person
 redeeming the animal must obtain a license as stated in this chapter. In addition, a person redeeming
 an animal shall pay any additional fees required under the provisions of this chapter, including any
 monies expended for the provision of medical treatment provided to the animal. The boarding fees for
 other animals shall be set by resolution of the City Council:




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City of Davenport, IA

 6.04.140 ANIMALS 6.04.150

 1. For each dog, cat, ferret or similar animal, a per day fee for the animal's care, food, water and
 shelter.

 2. For each domestic fowl, chicken, goose, duck or waterfowl, a per day fee for the animal's care,
 food, water and shelter.
 3. For each horse, mule, jack, cow, bull, steer, ox, swine, sheep, goat or similar animals, a per day
 fee plus actual expenses incurred for the animal's care, food, water and shelter.

 4. For any animal not specified herein, a per day fee plus actual expenses incurred for the animal's
 care, food, water and shelter.
 E. No animal need be kept for the period of notification or impoundment if a licensed veterinarian or an
 animal control officer certifies that the animal is so diseased or injured that it is unduly suffering or
 cannot survive. In such cases the animal may be subjected to humane euthanasia.
 F. Unclaimed Animals. Animals not reclaimed or redeemed within the time limitations provided by this
 chapter shall become the property of the City or animal shelter and shall be placed for adoption in a
 suitable home or subjected to humane euthanasia. No unclaimed dog or cat shall be released for
 adoption to a suitable home without being sterilized, or without a written agreement from the adopter,
 secured by a cash deposit, guaranteeing that such animal will be sterilized.
 G. The refusal to redeem or reclaim any impounded animal shall not relieve the owner of the duty to pay
 the impoundment fees, boarding fees, veterinarian expenses, or any other costs incurred in the care of
 the animal. An owner or custodian who refuses to pay such expenses shall be in violation of this
 chapter and subject to citation for the same.
 H. Neither the City nor the animal shelter, nor their agents and officers enforcing the provisions of this
 chapter shall be liable for any accident or subsequent disease that may occur in connection with the
 impoundment of any animal pursuant to this chapter.

 6.04.150. Enforcing provisions. [Added 5-28-2025 by Ord. No. 2025-224]
 A. Animal control officers and Davenport police officers are authorized to issue municipal infraction
 citations or notices of violations for violations of the provisions of this chapter. If provided for by a
 section of this chapter, a Davenport police officer may enforce a violation of a section as a simple
 misdemeanor.
 B. It is unlawful for any person to interfere with, hinder, willfully prevent or attempt to prevent any police
 officer, animal control officer, or person authorized to enforce this chapter by the City Administrator
 in the enforcement of this chapter.
 C. Inspection Procedures. Whenever it becomes necessary to make an inspection to enforce any of the
 provisions of or to perform any duty imposed by this chapter or other applicable law, or whenever the
 animal control officer or other authorized person has reasonable cause to believe that there exists in
 any building or upon any premises any violation of the provisions of this chapter or other applicable
 law, the officer is authorized to enter such property at any reasonable time and to inspect the same and
 perform any duty imposed upon the officer by this chapter or other applicable law. If the property is
 occupied, the officer shall first present proper credentials to the occupant and request entry, explaining
 the reasons entry is sought. If the property is unoccupied, the officer shall first make a reasonable
 effort to locate the owner or other person in control of the property and request entry explaining the
 reason therefor. If entry is refused, or the owner or person in control of the property



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City of Davenport, IA

 6.04.150 DAVENPORT CODE 6.04.160

 cannot be located after due diligence, the officer shall have recourse to every remedy provided by law
 to secure lawful entry and inspect the property.
 D. Immediate Inspection. Notwithstanding Section 6.04.170, subsection B, if the animal control officer
 or police officer has reasonable cause to believe that the keeping or the maintenance of any animal is
 so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the
 public health or safety, the officer shall have the right to immediately enter and inspect such property,
 and may use any reasonable means required to effect such entry and make such investigation, whether
 the property is occupied or unoccupied. If occupied, the officer shall first present proper identification
 and demand entry explaining the reasons therefor and the purpose of the inspection.

 6.04.155. Notice of violation, confiscation, revocation. [Added 5-28-2025 by Ord. No. 2025-224]

 An animal control officer or police officer may send notice of violation to an animal's owner or keeper.
 A notice of violation initiates administrative sanction procedures for violations of this chapter, revocation
 of a person's privilege to license or keep animals within the City, extension of periods of revocation,
 confiscation of an animal by the City, or a declaration that an animal is dangerous. A notice of violation
 shall be sent by certified mail or personally served upon an animal's owner or keeper at the request of a
 victim of a dog attack as defined in Section 6.04.010K. The notice of violation may be appealed as provided
 in Section 2.86.020 of the City Code. If appealed, the hearing shall be scheduled and held as provided by
 the procedures in Chapter 2.86 of the City Code. If a timely appeal is not filed, the notice of violation shall
 be conclusively presumed to be true. If no timely appeal is filed, the notified person shall be deemed to
 have waived all rights to challenge the action taken by the City.

 6.04.160. Nuisances. [Added 5-28-2025 by Ord. No. 2025-224]

 A. Any animal which is not confined or kept under restraint as required by this chapter, and any wild,
 exotic, dangerous animal kept or maintained within the City in violation of this chapter, any animal
 which barks so frequently, regularly, or habitually that it causes serious annoyance to the surrounding
 neighborhood, is hereby declared a public nuisance.
 B. Whenever an animal control officer or police officer determines that a nuisance exists, the officer may
 cause a written notice ordering the abatement of the nuisance to be served upon the owner or custodian.
 The notice to abate shall contain a description of what constitutes the nuisance, the location of the
 nuisance, a statement of the act or acts necessary to abate the nuisance, a definite time within which
 the nuisance shall be abated which time shall be reasonable under the circumstances, and a statement
 that the City will abate the nuisance if the nuisance is not abated in the manner and within the time
 stated and no request for a hearing is made within the time stated. Notice to abate shall be served
 personally upon the owner or custodian by serving the owner or custodian or any person residing at
 the residence who is at least 18 years old, or by serving the owner or custodian by certified mail, return
 receipt requested. If service is by certified mail, service shall be deemed given when mailed.
 C. Any person ordered to abate a nuisance may request a hearing on the order to abate as provided in
 Section 2.86.020 of the City Code. If appealed, the hearing shall be scheduled and held as provided
 by the procedures in Chapter 2.86 of the City Code. If no timely appeal is filed, the nuisance shall be
 conclusively presumed to exist and the person who was notified to abate it shall be conclusively
 presumed to be responsible for the existence of the nuisance.
 D. If a person ordered to abate a nuisance neglects or fails to abate the nuisance as directed, the City may
 abate the nuisance. If an animal is impounded, the owner or custodian of the animal shall be notified




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City of Davenport, IA

 6.04.160 ANIMALS 6.04.170

 of the impoundment as provided in Section 6.04.140. Notwithstanding any other provision of this
 chapter, the impoundment authority shall keep an impounded animal until such time as the animal
 control officer who ordered the abatement notifies the impoundment authority that the owner or
 custodian has complied with the order to abate or has abated the nuisance in some other acceptable
 manner, in which case, the animal may be released to the owner or custodian upon payment of
 all the costs, fees and other expenses incurred in the care of the animal have been paid. If the
 impoundment authority is not notified of the owner's or custodian's compliance within three days after
 the impoundment, in the case of a previously abated nuisance animal, or from the time specified in a
 formal order of abatement, the impounded animal may be disposed of in the discretion of animal
 control.

 6.04.165. Animal Hearing Commission. [Added 5-28-2025 by Ord. No. 2025-224]
 A. Purpose. The Animal Hearing Commission has the following powers:

 1. To hear and rule on appeals related to dangerous animal determinations within the City;

 2. To make decisions on whether an animal should be deemed dangerous under the City's animal
 ordinances; and
 3. Authority to assign animal owners to training or other remediation efforts.
 B. Composition. The Commission shall consist of up to eight members, appointed by the City
 Administrator or designee, with the approval of City Council. Appointments shall be for a period of
 two years. Each member shall be at least 21 years of age and shall serve without compensation. The
 Commission shall further consist of at least one of each of the following:
 1. A City of Davenport representative or employee not involved in the case, including but not
 limited to the designated hearing officers under Chapter 2.86;

 2. A community member with animal expertise who is not involved in providing animal protection
 services;
 3. A board-certified veterinarian who works with companion animals, a veterinarian technician, a
 veterinarian's assistant, other veterinary professional, or animal behavior specialist.
 Commission members must be available for timely case resolution and may be excused from the
 Commission for lack of attendance. At least three members shall be present at each hearing
 conducted by the Commission. Any member may be recused if the member perceives a conflict
 of interest or personal connection involved in any case.
 C. Hearing Procedure. Procedures for initiating an appeal of a dangerous dog declaration are the same as
 those outlined in Chapter 2.86. The Animal Hearing Commission as a body will serve as the
 administrative hearing officer for appeals related to dangerous animal determinations. The
 commissioners shall have all the rights, duties, and responsibilities of an administrative hearing officer
 under Chapter 2.86 and shall follow and adhere to all of the procedures outline in Chapter
 2.86. There will be no fee for a hearing of this type. Requests for external adjudication will not be
 accepted for hearings related to dangerous animal determinations.

 6.04.170. Penalties. [Added 5-28-2025 by Ord. No. 2025-224]
 A. A violation of any provision of this chapter shall constitute a municipal infraction and may be cited
 and punished accordingly.


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City of Davenport, IA

 6.04.170 DAVENPORT CODE 6.04.170

 B. If provided for, a section of this chapter may be charged as a simple misdemeanor offense and may
 be cited and punished accordingly, in lieu of the issuance of a municipal infraction citation, at the
 officer's discretion.
 C. In addition to a municipal infraction citation or simple misdemeanor citation for violations under this
 chapter, a notice of violation for the same incident may be issued to invoke the procedures pursuant
 to Section 6.04.155 of this chapter.
 D. The following scheduled fines are established for municipal infractions:
 1. Section 6.04.020 (Licenses) $20;
 2. Section 6.04.030 (Display of tags); Section 6.04.040 (Rabies vaccination); Section 6.04.060 (At
 large); and Section 6.04.080 (Animal waste): (i) first offense $30; second offense $40; third
 offense $50; fourth or subsequent offense up to $200;
 3. Section 6.04.110 (Dangerous dog): first offense $250; second offense $500; third or subsequent
 offense $750.
 E. If no scheduled fine is provided for a violation, then the fine imposed shall not exceed $500 for a first
 offense and $750 for a second or subsequent offense.




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6.04.010. Definitions.

  For the purpose of this chapter, certain terms and words are defined as set forth in this
  section unless otherwise defined herein.

  A. ADEQUATE FOOD - Means the provision, at suitable intervals as the dietary
 requirements of the species so require, of a quantity of wholesome foodstuff suitable
 for the species and age sufficient to maintain a reasonable level of nutrition in each
 animal. The foodstuff shall be served in a clean receptacle, dish, or container.

  B. ADEQUATE SHELTER - Means a ventilated protective covering which provides
 sufficient protection from moisture, wind, sun, extreme temperatures, or other
 adverse weather conditions, which provides adequate space for standing, sitting,
 lying, and free movement, and which is maintained in a sanitary manner. Adequate
 shelter may vary by age, species, breed, and physical condition of the animal.
 Structural minimum of adequate shelter is an enclosure with at least three solid sides,
 a roof, a solid and dry resting surface, adequate ventilation, and bedding as
 appropriate for the weather conditions. Metal drums, animal crates or carriers,
 vehicles, spaces under structures such as decks are not considered adequate shelter.

  C. ADEQUATE WATER - Means reasonable access to a supply of clean, fresh, potable
 water provided in a sanitary manner and provided at suitable intervals for the species
 not to exceed 24 hours at any one interval.

  D. ANIMAL - Means a living organism, other than human beings, birds, fish, or
 invertebrates, domesticated or wild, and distinguished from other living things by
 structural and functional characteristics such as locomotion.

  E. ANIMAL CONTROL OFFICER - Means any humane officer employed by a humane
 society under contract with the City, any animal control officer under the jurisdiction
 of the chief of police, or any other person authorized by the City Administrator to
 enforce the provisions of this chapter by means of appropriate police powers.

  F. ANIMAL SHELTER - Means a facility which is used to house or contain dogs, cats, or
 other animals, and which is owned, operated or maintained by the City or operated
 under contract with the City for the purpose of humane boarding of animals
 impounded under the provisions of this chapter or any other ordinance.

  G. BOARDING KENNEL - Means a place or establishment other than an animal shelter or
 pound where dogs, cats, or other animals, not owned by the proprietor, are sheltered,
 fed and watered in return for consideration.

  H. CARETAKER or CAREGIVER. Means a person participating in TNR who provides care to
 a community cat without claiming ownership, and who is not an owner, harborer,
 controller, or keeper of the cat solely for providing such care.

  H.I. CAT - Means all members of the feline species regardless of sex.

  I.J. COMMERCIAL BREEDER - Means a person, engaged in the business of breeding dogs
 or cats, who sells, exchanges, or leases dogs or cats in return for consideration, or
 who offers to do so, whether or not the animals are raised, trained, groomed, or
 boarded by the person. A person who owns or harbors three or less breeding males
 or females is not a commercial breeder.

 J.K. COMMERCIAL KENNEL - Means a kennel which performs grooming, boarding, or
 training services for dogs or cats in return for consideration.

 K.L. COMMISSION - Means the natural resources commission of the Department of
 Natural Resources created and established by the Code of Iowa.

 M. COMMUNITY CAT - Any cat or kitten that is unowned, free-roaming, and meets all of
 the following conditions:

 1. The cat has been spayed or neutered;

 2. The cat has been vaccinated against rabies and distemper;

 3. The cat receives an ear-tip, performed by a licensed veterinarian, under
 anesthesia, and following accepted pain management practices;

 4. The cat has been micro-chipped for identification and for vaccination
 tracking;

 5. The cat is returned to the area where it was captured.

 An ear-tipped free-roaming cat shall be presumed a community cat; a person
interacting with such a cat during TNR shall be presumed a caregiver, not an owner, absent
clear evidence to the contrary.

 L.N. COMPANION ANIMAL – A domesticated dog or cat kept for companionship by its
 caretaker.

 M.O. DANGEROUS DOG – Means a dog that has:

 1. Killed a human being;

 2. Taken aggressive action that caused a serious injury as defined in Iowa Code
 section 702.18 to a human;

 3. Killed another domesticated animal, excluding fowl;

 4. Twice within a 48-month period attacked, bitten, or otherwise caused an
 injury to a person engaged in lawful activity; or

 5. An animal judicially or administratively determined to be a dangerous animal
 or similar designation by the City Davenport or another jurisdiction with a
 substantially similar definition of dangerous animal.

 The following circumstances shall be excluded from the definition of a
 dangerous dog:

 1. An animal engaged in law enforcement work that is engaged in official law
 enforcement activities at the time of the attack or bite;
 2. A security service dog registered with animal control on its designated
 restricted nonresidential property at the time of the attack or bite;

 The following circumstances may be excluded from the definition of a
 dangerous dog:

 1. An animal that attacks or bites a person who is engaged in unlawful activity
 against the person or property of another at the time of the attack or bite;

 2. An animal that attacks or bites in order to protect a human being, domestic
 animal, or livestock;

 3. An animal that was attacked by an animal at large;

 4. An animal that was deliberately provoked by the person or animal that was
 harmed;

 5. An animal that bites in an animal care facility, veterinary office, animal
 shelter, or other state-licensed animal facility; or

 6. An animal that kills another domesticated animal owned by the same owner
 or the incident originated on the property of the attacking or biting dog’s
 owner.

N.P. DOG - Means all members of the species Canis familiaris.

O.Q. EUTHANASIA - Means the humane destruction of an animal accomplished by a
 method that involves instantaneous unconsciousness and immediate death or a
 method that involves anesthesia, produced by an agent which causes painless loss
 of consciousness, and death during the loss of consciousness.

P.R. FUR-BEARING ANIMALS - Means the following which are declared to be fur-bearing
 animals for the purpose of regulation and protection under this chapter: beaver,
 badger, mink, otter, muskrat, raccoon, skunk, opossum, spotted skunk or civet cat,
 weasel, coyote, bobcat, wolf, groundhog, red fox, gray fox, and any other animals
 defined as fur-bearing by Iowa Code 481.A.

Q.S. HOUSING FACILITIES - Means any room, building or area used to contain a primary
 enclosure or enclosures.

R.T. OWNER - Any person keeping, sheltering, harboring, having custody of, exercising
 control over, or claiming a property interest in an animal. The term “owner” does not
 include a community cat caregiver solely by virtue of providing food, water,
 temporary shelter, or humane trapping/transport for TNR.

S.U. PERSON - Means an individual, partnership, corporation, or association and includes
 any officer, employee, or agency thereof.

T.V. PET SHOP - Means an establishment where any dog, cat, rabbit, rodent, fish other
 than live bait, bird, or other vertebrate animal is bought, sold, exchanged, or offered
 for sale.
  U.W.PRIMARY ENCLOSURE - Means any structure used to immediately restrict an animal
 to a limited amount of space, such as a room, pen, cage or compartment.

  V.X. SANITARY CONDITION(S) – Means premises free from accumulated animal waste,
 offensive odors, overcrowding, insects or rodents due to animal keeping, or health
 or safety risk to humans or animals.

  W.Y.SECURITY SERVICE DOG - Means any dog trained or used to perform security-related
 tasks including guarding, protecting, patrolling, rescuing, or defending persons or
 property, in the custody and control of a handler.

  X.Z. SERVICE ANIMAL – Means a dog or miniature horse that is individually trained to do
 work or perform tasks for the benefit of a person with a disability, including a
 physical, sensory, psychiatric, intellectual, or other mental disability or as otherwise
 defined by the Americans with Disabilities Act. The crime deterrent effects of an
 animal's presence and the provision of emotional support, well-being or
 companionship do not constitute work or tasks for the purposes of this definition.

  AA. TAKE - Means any pursuing, hunting, killing, trapping, snaring, netting, searching for,
 shooting at, stalking or lying in wait for, or attempting any for the foregoing, any
 animal protected by state laws, regulations or rules adopted by the commission or
 this ordinance.

  Y.BB. TRAP-NEUTER-RETURN (TNR). The process of humanely trapping, sterilizing,
 vaccinating, ear-tipping, and returning community cats to the location in which they
 were trapped.

6.04.020. License required.

  A. Every owned dog and every cat shall be licensed. Dogs and cats shall be licensed
 within 30 days of the date they are initially inoculated for rabies and annually within
 30 days' time of the date of the current rabies vaccination. No person shall have,
 harbor, keep or possess any unlicensed dog or cat in violation of this chapter.

  B. Licenses shall be purchased from the animal control, veterinarians practicing in the
 Quad Cities area, or online with evidence of a current rabies vaccination signed by a
 licensed veterinarian. Veterinarians who inoculate a dog or cat shall be required to
 share rabies vaccination documentation with the City of Davenport or its designee on
 a minimum of a monthly basis. Established fees collected by veterinarians shall be
 submitted to the county animal control facility in a manner agreed upon by the animal
 control and the individual veterinarians. Veterinary offices may charge an
 administration fee not to exceed $5 per tag.

  C. Licenses are not transferable between animal owners or animals.

  D. Annual license fees shall be set by resolution of the City Council:

 1. Neutered/spayed dog or cat (altered)

 2. Non-altered dog or cat
 3. Dogs governed by 6.04.110 Dangerous Dogs shall as set by resolution 2024-393
 and subsequent resolutions.

 In lieu of an animal owner obtaining a license annually, the owner may purchase
 a multi-year license, which may be obtained to cover the period for which the
 current rabies vaccination is effective (a multiple year license). The fee for
 a multi-year license shall be calculated by multiplying the applicable annual
 license fee by the number of years the current rabies vaccination covers.

E. Residents age 60 or older and residents who are recipients of Social Security Disability
 Insurance Benefits may license their neutered dogs or cats for an annual fee of $1.

F. Upon proof of loss, a duplicate license tag may be obtained upon payment of a
 replacement fee not to exceed $5.

G. A person owning or possessing any dog or cat who moves into the City shall obtain a
 license for said animal within 30 days of the date the person takes up residency in
 Davenport.

H. Notwithstanding the licensing requirements of this chapter, the following animals
 shall not be required to be licensed while in the City:

 1. Animals whose owner or custodian is a nonresident of the City and who are
 visiting within the City temporarily. Temporarily means for a period of time 30
 days or less within any consecutive twelve-month period.

 2. Animals brought into the City for participation in a show, exhibition,
 demonstration or exhibit and which remain in the City for a period of 30
 consecutive days or less.

I. The executive director of animal control or an animal control officer may revoke a
 person's privilege to license and keep a dog or cat within the City. Such revocation
 shall be for a period as determined by the executive director or animal control officer.
 Revocation of the privilege to license and keep a dog or cat within the City may be
 initiated if the owner or custodian of the dog or cat has committed any violations of
 the provisions of this chapter, except violations for failing to license an animal as
 required by this chapter shall not be included as violations leading to revocation within
 any consecutive twelve-month period. A violation shall be shown by a conviction upon
 a citation or a finding by the Deputy City Clerk or by a non- appealed notice of
 violation.

J. An owner or custodian whose privilege has been revoked shall, within 10 days after
 notice of the revocation, remove from their residence all dogs and cats which the
 person owns, keeps, harbors or maintains. If the license is revoked, the owner or
 custodian shall surrender the animal to animal control or permanently remove the
 animal from the city limits within five calendar days after either the time for appeal
 has expired or the decision of the Deputy City Clerk has been served on the owner or
 custodian. If the animal is found in the City after the five-day period, it shall be
 immediately impounded. Failure to remove a dog or surrender it to animal control
 may be prosecuted as a municipal infraction violation or simple misdemeanor. An
 owner whose license has been revoked shall inform animal control in writing upon
 the animal's removal from the city limits the name, address and telephone number of
 the animal's new owner, the location where the animal will be kept and the name
 and description of the animal. In addition, the owner shall notify the new owner in
 writing of any details concerning any and all complaints concerning the animal, and
 any terms, conditions or restrictions imposed by animal control as to the animal. The
 owner shall provide animal control with a copy of the notification provided to the new
 owner as well as an acknowledgment by the new owner of the receipt thereof.

  K. Upon revocation of a person's privilege to license and keep dogs or cats, no part of
 the licensee fee shall be refunded.

  L. During the period of revocation, any dog or cat which the person owns, keeps,
 harbors or maintains at their residence may be immediately confiscated upon its
 discovery and disposed of by animal control absent clear and convincing proof that
 the animal or animals belong to a person visiting the resident.

  M. The animal control officer shall provide the owner or custodian of the animal or
 animals, as shown on animal control records, so confiscated with notice of the
 confiscation. If the animal or animals are unlicensed or no record exists as to the
 owner or custodian of an animal, notice of confiscation shall be directed to the
 address of the residence.

  N. Any person whose privilege to license and keep animals has been revoked, but who
 owns, keeps, harbors or maintains a dog or cat during the period of the revocation
 shall have an additional period of up to one year added to the original period of
 revocation for each violation of the revocation.

  O. The notice of revocation or notice of extension of the revocation period, or notice of
 confiscation of any animal may be appealed as provided in Section 2.86.020 of the
 City code. If appealed the hearing shall be scheduled and held as provided by the
 procedures in Chapter 2.86 of the City code. If the City demonstrates sufficient
 evidence in support of its determination the burden shall shift to the appealing party
 to demonstrate by clear and convincing evidence that he or she has had no role in
 the care, supervision, possession or control of the animal or that the incident which
 caused the enforcement action by the City was caused by a third party or event not
 under the supervision or control of the appealing party. If no timely appeal is filed
 the notified person shall be deemed to have waived all rights to challenge the action
 taken by the City.

  P. When permanent ownership of an animal is transferred, the new owner shall, within
 14 days from the date ownership is assumed, obtain a license if the animal is required
 to be licensed pursuant to this chapter.

6.04.030. Display of license.

  The license tag obtained pursuant to Section 6.04.020 shall be securely attached to a
  substantial collar which collar shall be worn by the animal at all times. License tags are
  not transferable to any other animal. Upon demand, the owner of an animal shall display
  the City license to an animal control officer or Davenport police officer.
6.04.040. Rabies vaccination and reporting.

  A. All dogs, cats and ferrets shall be inoculated against rabies by a licensed veterinarian
 upon such animal attaining the age as defined by Iowa Code section 351.33. Rabies
 vaccinations shall be readministered at least once every three years for dogs and
 cats and once every year for ferrets or as otherwise recommended by the United
 States Department of Agriculture.
  B. A person who acquires a dog, cat or ferret that does not have a current rabies
 vaccination certificate shall have the animal inoculated for rabies within 30 days after
 the animal was acquired or within 30 days of the animal attaining the age as defined
 by Iowa Code section 351.33, if the animal was not yet of age when acquired.

  C. The owner or custodian of any animal required to be vaccinated against rabies shall
 keep a current rabies vaccination tag securely attached to a substantial collar which
 shall be worn by the animal at all times. Animal shelters administering a TNR program
 shall retain records of vaccinations of community cats. Rabies vaccination tags are
 not required for community cats.

  D. Whenever a veterinarian inoculates an animal for rabies the veterinarian shall
 complete a rabies vaccination report which shall be forwarded to the City or its
 designee. The report shall contain the following information:

 1. The name, age and sex of the animal;

 2. A general description of the animal;

 3. The date the current vaccination was given to the animal;

 4. The revaccination date;

 5. The vaccination tag number assigned to the animal;

 6. The name and address of the animal's owner or custodian, except community cats.

 The veterinarian shall sign the report and all reports shall be sent to animal
 control within 30 days of the administration of the vaccination.

6.04.050. Report of bites required.

  A. Any person having knowledge of any dog, cat, or ferret bite or scratch which has
 caused a skin abrasion upon any person or for which the victim required medical
 attention, which bite or scratch occurred within the City, shall immediately report such
 fact to animal control or the Davenport Police Department. This section shall not apply
 if said bite or scratch occurred while the animal was being treated, confined, or
 housed within a veterinary hospital or clinic and that facility knows such animal is
 currently inoculated for rabies and has the certification to prove such inoculation. In
 such cases reporting of the bite or scratch shall be discretionary with the veterinary
 hospital or clinic.

  B. Any animal that has been involved in biting a person must be quarantined for 10 days
 from the date of the bite. Such confinement may be at the premises of the owner if
 deemed appropriate and sufficient safeguards are provided to the discretion of the
 animal control officer and/ or the Scott County Health Department. If an animal is
 not quarantined at the owner's premises it shall be confined at the animal shelter or
 at a licensed veterinary hospital of the owner's choosing. All costs of the quarantine
 shall be the owner's liability. This section shall not apply to police canines.

  C. The owner of an animal that has been reported as having inflicted a bite on a person
 shall, on demand, produce the animal for examination and quarantine to an animal
 control officer or police officer. It is unlawful to fail to or refuse to produce such an
 animal. Failure to produce an animal demanded shall subject the owner or custodian
 to arrest if probable cause exists to believe the animal inflicted a bite on a person or
 other animal.

  D. It is unlawful for any person to remove any animal which has been quarantined
 pursuant to this chapter from its place of quarantine without the express consent of
 an animal control officer and/or Scott County Health Department officer.

6.04.055. Livestock and poultry prohibited.

  A. Notwithstanding the provisions of Chapter 6.06 of the Davenport Municipal Code, it
 shall be unlawful to maintain, keep or harbor any cattle, swine (except Vietnamese
 or Asian potbellied pigs), sheep, llamas, horses, jacks, goats, guinea fowl, ostriches,
 poultry (domestic chickens, turkeys, geese, and ducks), or similar domestic animals
 raised for home use or for profit within the City limits unless the property upon which
 such animals are maintained, kept or harbored is zoned as agricultural property. This
 section shall not apply to a bona fide zoological garden, pet shop, educational
 institute, circus, carnival, or veterinary hospital treating such animals.

  B. It shall be unlawful for any person to ride any animal upon the public or private
 sidewalks within the City, nor shall any person ride any animal upon a public street
 or right of way during the hours of sunset to sunrise, except for public parades for
 which a permit has been issued by the City.

  C. The lawful keeping of livestock, which is otherwise unlawful by reason of the
 enactment of this chapter, may be continued upon property located within the City
 provided livestock was maintained thereon prior to the enactment of this chapter,
 and may be continued until such time as livestock is no longer kept or maintained
 upon such property. The burden of proving the maintenance of livestock upon a
 parcel of land within the City proper to the enactment of this chapter shall lie with
 the person claiming such prior existence. Nothing herein shall be deemed to exempt
 an owner of livestock within the City limits from the enforcement of nuisance or other
 laws regarding the keeping of such livestock.

6.04.060. Animal running at large.

  A. It shall be unlawful for the owner or custodian of any dog, cat, or other animal to fail
 to keep the same from running at large within the City. For the purpose of this chapter
 an animal shall not be deemed running at large, even if the animal is not restrained,
 as long as one of the following situations applies:
 1. When the animal is restrained either upon the premises of the owner or
 custodian or upon another's premises with the permission of the owner of that
 premises, so long as the animal is restrained in such a manner that it cannot
 enter on the public streets, sidewalks, alleys, other public areas, or property not
 owned by the owner, custodian, or permittee, unless the animal has been
 declared dangerous or vicious, in which case the provisions of Section 6.04.110
 shall apply.

 2. When the animal is confined or restrained upon the premises of the owner or
 custodian within a secured building, or within a secured pen, enclosure or similar
 structure which has secured sides, bottom, and top such that the animal cannot
 escape, or within fencing or similar means secured such that the animal cannot
 escape and which is fastened by an adequate locking device.

 3. When an animal is enclosed within an automobile or other vehicle of its owner
 or custodian such that it cannot escape and such that said confinement does
 not endanger the animal's health or well-being.

 4. When the animal is being walked off the premises of its owner or custodian so
 long as the animal is on a leash not more than six feet in length and under the
 control of a person competent to restrain and control the animal.

 5. When the animal is properly housed in a veterinary hospital or registered kennel.

B. Community cats are not deemed at-large unless designated a nuisance or visibly
 sick/injured; nuisance determinations follow the animal control officer’s assessment
 and citizen complaints.

B.C. Notwithstanding any provision to the contrary, animals injured on or along public
 streets or public rights-of-way shall be deemed running at large. The animal control
 officer or Davenport police officer shall remove all such animals and at his or her
 discretion take such an animal needing medical attention to a veterinarian or animal
 shelter. The owner or custodian of such an animal shall be responsible and liable for
 the expenses of medical treatment and care as well as impoundment fees and any
 other penalties imposed by this chapter. Dead animals on or along public streets shall
 be removed by city operations staff.

C.D. Every female dog or cat in heat shall be confined in a building or secure enclosure
 during the period of heat, in such a manner as will prevent the animal from coming
 into contact with the other animals unless the animal is used in a planned breeding
 situation. An animal is deemed to be in heat when it is in an estrogous state or
 ovulating. Nothing in this subsection shall be construed to prohibit exercising the
 animal provided the animal is restrained on a leash or similar restraint not more than
 six feet in length and is under the control of a person competent to restrain and
 control the animal or from transporting such animal within a motor vehicle.

D.E. Any dog, cat, or other animal which is found in violation of this section may be
 impounded. Any such animal impounded may be redeemed by its owner or custodian
 within three days from the time specified in Section 6.04.140 and upon payment of
 the applicable redemption fee, current rabies vaccination fee unless current rabies
 inoculation is proven, the current licensing fees and penalties if the animal is
 unlicensed, impoundment fees, and the fees, costs and charges for any emergency
 medical treatment administered to the animal. Redemption fees shall be set by
 resolution of the City Council:

 1. For a first violation

 2. For a second violation

 3. For a third violation

 4. Fourth violation will result in the revocation of the license to keep the animal.

 E.F. Any violation of this section may result in the immediate apprehension and
 impoundment of the animal by an animal control officer. After the time specified in
 Section 6.04.140 animal control may dispose of an unredeemed animal. If an animal
 control officer is unable to apprehend an animal or impoundment is not feasible, the
 animal control officer shall provide the owner or custodian of the animal with a notice
 of violation under the procedures contained in Section 6.04.155.

6.04.065. Community Cats.

 A. The purpose of this section is to protect residents of the city against the hazards
 brought about by a feral cat population and to provide a safe and humane process
 by which health and safety hazards can be reduced through the use of Trap-Neuter-
 Return (TNR) practices to reduce and/or manage the cat population within city limits.

 B. Trap-Neuter-Return (TNR) will permit the City of Davenport or a designee to engage
 in the trapping of community cats for the purpose of sterilization, vaccination, ear-
 tipping for easy identification, and to provide other necessary medical care for
 community cats. The City of Davenport may work with its designee to implement
 and/or administer Trap-Neuter-Return (TNR) practices.

 C. A caretaker providing care for community cat(s) may offer certain necessities on a
 regular/on-going basis, including but not limited to, food and water. Feeding stations
 must be on property owned or occupied by the caretaker, must be kept in sanitary
 conditions, and must prevent the attraction of wildlife. A caretaker may provide
 medical care as needed or contact animal control for assistance to prevent the
 suffering of a community cat. Providing food, water, or weather-appropriate shelter
 to a free-roaming cat, or participating in TNR (including humane trapping, transport,
 surgery, recovery, and return), does not, by itself, constitute ownership.

 D. If the requirements identified in this section are met, the caretaker is exempt from
 licensing, running at large, or other provisions of this chapter that apply to owned
 cats.

 E. Community cats are prohibited from protected wildlife areas, nature preserves, or
 other sensitive habitats or areas where cats may present a risk. Community cats shall
 not be released near these areas and may be impounded if found near one of these
 areas.
  F. Community cat caregivers may reclaim impounded community cats without proof of
 ownership for the purpose of carrying out Trap-Neuter-Return (TNR) and/or
 returning ear-tipped community cats to their original locations.

  G. A cat meeting the requirements of a community cat as defined by this chapter shall
 be released on the site where it was trapped or within a mile radius of the site where
 it was trapped. An ear-tipped cat received by animal control will be returned to the
 location trapped unless veterinary care is required, unless the property owner
 requests the cat not be returned, or unless animal control is aware of unsafe
 conditions.

  H. A community cat that causes damage, interferes with a property, creates a nuisance,
 or creates a health hazard may be abated under the general abatement provisions
 of the Davenport Municipal Code.

  I. The City of Davenport or its designee shall have no liability for the disposition of any
 community cat.

  J. No person shall trap or capture any cat and remove or release it to another location
 within or outside the city limits. Relocation of cats is prohibited unless expressly
 authorized by animal control.

6.04.070. Mistreatment of animals.

  The following acts shall constitute mistreatment of animals, and shall subject the owner or
  other person to the penalty provisions of state law and the Municipal Code:

  A. Failure to provide the animal access to adequate food, adequate water, and easy access
 to adequate shelter from the elements;

  B. Beating, tormenting, overloading, overworking, or molesting an animal;

  C. Permitting or encouraging any combat between animals, or between animals and
 humans, unless the animal is trained and used by a government agency and
 accompanied by the appropriate government agency handler;

  D. Abandoning an animal as defined by Iowa Code 717.B;

  E. Exposing any known poisonous material with the intent of allowing or encouraging the
 material to be eaten by any bird, fowl, domesticated animal, community cat, or livestock;

  F. Failure to maintain sanitary conditions where animals are kept;

  G. Harboring or owning any sick, diseased or injured animal without procuring veterinary
 care for said animal(s);

  H. Maintaining an animal in such conditions and hygiene that the animal is unable to walk
 or move normally, conduct routine bodily functions, or stay clean and free of urine, fecal
 matter, open wounds, disease, and parasites;

  I. Leaving an animal in a vehicle, on a vehicle, tethered or confined for a length of time
 that could result in danger to or death of an animal. If the City of Davenport or designee
 determines that such animal is in immediate danger, the City of Davenport or designee
 may remove the animal by whatever means necessary without liability, for the purpose
 of taking the animal into protective custody pursuant to Iowa Code 717.B.5 Rescue of
 Threatened Animals;

  J. Intentionally injuring, maiming, disfiguring, mutilating, or destroying an animal by any
 means that causes pain or suffering;

  K. Cropping or docking of an animal’s ears or tail, except by a licensed veterinarian, under
 anesthesia, and following accepted pain management practice;

  L. Chaining, tethering, penning, or otherwise restraining or confining an animal outdoors
 for more than 15 minutes without access to adequate food, adequate water, adequate
 shelter, and adequate protection from the elements.

6.04.075. Disposition of Mistreated Animals.

  Impoundment procedures of threatened or mistreated animals:

  A. A law enforcement officer or animal control officer, after consulting with a veterinarian
 licensed by the State, may rescue a threatened animal as provided in this section. The
 officer may enter onto private property to rescue a threatened animal if the officer
 obtains a search warrant issued by a court or enters onto the premises in a manner
 consistent with the laws of the State of Iowa and the Unites States, including Article 1,
 Section 8 of the Constitution of the State of Iowa and the Fourth Amendment to the
 Constitution of the United States;

  B. If an animal is rescued pursuant to this section, the City shall provide for the maintenance
 of the threatened animal at a licensed shelter or through a contract with an animal care
 provider. The City or designee shall post a notice in a conspicuous place at the location
 where the animal was rescued. The notice shall state that the animal has been rescued
 by the City pursuant to this section and Iowa Code 717B.5 as amended;

  C. The animal shall be subject to disposition as required by a court pursuant to Iowa Code
 717B.4, as amended;

  D. The disposition of a threatened animal rescued by the City shall occur as provided in
 Iowa Code 717B.4, as amended.

6.04.080. Removal of excrement.

  A. An owner or custodian of any animal shall keep all structures, pens, coops, or yards
 wherein an animal is confined clean and free from excrement and the odor arising from
 excrement. Such area shall also be clean and free of vermin and any thing that is likely
 to become putrid, offensive, or injurious to health. An area, structure, pen, coop, or yard
 not maintained in a clean and sanitary condition may be declared a public nuisance
 subject to the process outlined in 6.04.160.

  B. It shall be unlawful for an owner or custodian to permit an animal to discharge
 excrement upon any public property, common area, common thoroughfare, street,
 sidewalk, alley, play area, park or private property unless the excrement is
 immediately picked up and disposed of in an appropriate refuse container. If the
 owner of private property has given another owner or custodian permission for their
 animal to use their private property then this section shall not apply to that particular
 usage.

  C. Animal excrement shall not be placed in storm sewers or street gutters, but shall be
 picked up and disposed of in a sanitary manner in an appropriate refuse container.

6.04.090. Number of animals regulated.

  A. It is unlawful for any person to keep or maintain at any one location within the City
 more than four of the following types of animals, those being dogs, cats, ferrets, and
 potbellied pigs; and of those four no more than three shall be of the same species.
 This limitation applies to animals that are more than six months old or animals that
 are from more than one litter that are more than three months old. This limitation
 shall not apply to any person provided that person (1) is licensed to operate a kennel,
 animal shelter, pet shop, boarding kennel, commercial kennel, commercial breeder
 operation, veterinary hospital, zoological garden, circus, carnival, educational or
 medical institution, or research facility as defined by state law, and said person is in
 compliance with the zoning ordinances of the City, or (2) if such animals are kept or
 maintained upon property zoned as agricultural property within the City, or (3) if said
 person has applied for and obtained a permit to keep more than four animals from
 animal control and said person keeps said animals within a residentially zoned district
 and exception (1), above, does not apply to said person. Upon receipt of an
 application for a permit as provided by this section and the payment of a $10 fee, an
 animal control officer shall inspect the applicant's animal housing facilities and the
 sanitary condition of the same. If the housing facilities are adequate and kept in a
 sanitary condition an excess number of animals permit shall be issued.

  B. Indoor pets such as gerbils, hamsters, guinea pigs, mice, birds, fish, snakes and
 reptiles, and similar animals normally maintained as pets in an enclosure inside of a
 dwelling are not proscribed by this section unless specifically regulated by other
 sections.

  C. If a person is found to be keeping more than four animals without the permit required
 by this section, the excessive number of animals may be immediately removed from
 the property and impounded. Any such impounded animals shall be held for seven
 days and if the owner has not either complied with the requirements of this section
 or petitioned the court for the return of the animals by the end of the seventh day,
 the animal shelter shall seek to permanently place the animals or euthanize such
 animals.

  C.D. Community cats shall not be counted toward the number of animals.

6.04.100. Wild, exotic or dangerous animals prohibited.

  A. It shall be unlawful for any person to own, possess, harbor, maintain, sell or traffic
 in any of the following wild, exotic or dangerous animals.

 1. All poisonous snakes and poisonous reptiles; all nonpoisonous snakes greater
 than 10 feet in length; Gila monsters, alligators, crocodiles and caimans;

 2. Gorillas, chimpanzees, orangutans, baboons, and other non-human primate
 mammals, both arboreal and nonarboreal.

 3. Any species of feline not falling within the categories of ordinary domesticated
 house cats felis catus.

 4. Bears or any species;

 5. Raccoons, porcupines, skunks, badgers, and other similar fur-bearing animals
 except ferrets;

 6. Foxes, wolves, coyotes, or other species not falling within the category of canis
 familiaris.

 7. Any animal of any species known to be vicious or dangerous, excluding animals
 covered by 6.04.110.

 8. Any animal prohibited under Iowa Code section 717F.

 8.9. Community cats are not wild animals herein.

B. This subsection shall not apply to any bona fide zoological garden, bona fide
 educational or medical institution, museum, veterinary hospital, wildlife rescue entity
 or wildlife rehabilitation entity with an appropriate permit from the state, any such
 animals under the jurisdiction of the commission, game breeders, a circus or carnival
 licensed by the City, nor shall it apply to a bona fide research institute or facility using
 wild, exotic or dangerous animals for scientific research. In addition, this section shall
 not apply to any primate trained and used to assist a handicapped person.

C. Any wild, exotic or dangerous animal found within the City in violation of this section
 is deemed a public nuisance per se. If a wild, exotic or dangerous animal is found to
 be roaming at large within the City, it may, in the discretion of the police department
 or animal control officer, be destroyed immediately without prior notice to the owner
 thereof. The City and its agents shall be under no duty or obligation to capture or
 otherwise confine the animal.

D. Any person found to be keeping, sheltering, harboring or maintaining a wild, exotic
 or dangerous animal in violation of this section is subject to the animals' immediate
 seizure as contraband. Any animal so seized shall be held for three business days. If
 the owner has not petitioned the court regarding disposition of the animal and served
 notice of the pendency of the owner's petition for disposition of the animal on animal
 control within that time period, animal control may euthanize the animal or
 permanently place it with an entity which is exempt from the provisions of this
 section. If necessary, animal control may impound a wild, exotic or dangerous animal
 at another facility. The animal's owner shall be responsible for all costs and expenses
 incurred by animal control or the City which arise as a result of the seizure and
 impoundment of a wild, exotic or dangerous animal. Under no circumstance shall a
 wild, exotic or dangerous animal be returned to or placed with a nonexempt entity
 within the City limits. If a wild, exotic or dangerous animal is ever again found to be
 within the City in violation of this section, it shall be immediately confiscated and
 disposed of as animal control deems appropriate.

 E. Any person keeping wild, exotic or dangerous animals prior to the enactment of this
 chapter shall be allowed to keep such animals for the duration of the animal's natural
 life. Upon the death of a wild, exotic or dangerous animal, the owner of such animal
 shall not be allowed to replace such animal except as otherwise allowed by this
 section. The burden of proving the prior ownership of a wild, exotic or dangerous
 animal prior to the enactment of this chapter lies with the person keeping such wild,
 exotic or dangerous animal. Nothing herein shall be deemed to exclude the
 enforcement of nuisance or other laws on the owner of such animals.

6.04.110. Dangerous dogs.

 A. Any person keeping a dog deemed dangerous or vicious prior to June 1, 2025 shall
 be allowed to keep such animal for the duration of the animal's natural life and shall
 be excluded from the requirements of this chapter for dangerous dogs if the following
 conditions are met:

 • The animal has been microchipped and that microchip is registered with
 animal control;

 • The animal remains licensed under the requirements of this chapter;

 • The animal’s owner or custodian posts their property with conspicuous
 signs warning of the presence of a dog;

 • The animal’s owner or custodian maintains continuous residency within the
 city of Davenport;

 • The animal’s owner or custodian complies with any provision deemed
 necessary by the executive director of animal control in consultation with
 the City of Davenport Legal Department to ensure public safety; and

 • The animal is not involved in a bite, attack, or dangerous behavior incident
 as defined by this chapter. Any new incidents involving a grandfathered dog
 will be evaluated under the criteria of the definition effective June 1, 2025.

 B. The declaration that a dog is dangerous shall be made by an animal control officer.
 Notification of the declaration and the owner's appeal rights shall be made in
 accordance with the procedures contained in Section 6.04.155.

 C. No person shall own, keep, harbor, foster, or maintain any dog that has been
 declared dangerous except as provided herein.

 D. No person shall allow a dangerous dog to be in or upon any premises or vehicle
 owned, leased, occupied, or controlled by the person, except as provided herein.

 E. No person shall bring any dangerous dog into the City of Davenport without approval of
 the City Administrator.

 F. No person shall allow a dangerous dog in a City park or off-leash dog area.
G. Upon receiving a complaint or having reasonable suspicion that a dangerous dog is
 being kept, sheltered, or harbored within the city, animal control or the City of
 Davenport may initiate an investigation. If, after investigation, animal control or the
 City of Davenport determines that a dangerous dog is indeed being kept, sheltered,
 or harbored within the city by any person, the City of Davenport, or its designee,
 shall declare the animal a dangerous dog. The owner or caretaker of the dog shall
 then be ordered to either humanely euthanize the animal or have it microchipped
 and rehomed outside the city limits within fourteen calendar days from the date of
 service of the order. Until the dog is euthanized or rehomed, it must be securely
 confined or leashed under the direct control of a person 18 years of age or older.

H. Notice of the declaration that a dog has been deemed dangerous shall be promptly
 served in person to the owner, if known. If personal service cannot be completed
 within the city limits, the notice may be sent by certified mail. The notice shall include:

 • Description of the animal;

 • Declaration that the animal has been deemed dangerous;

 • The basis for the declaration;

 • An order requiring the owner to humanely euthanize the dog or have the
 dog microchipped and rehomed outside the city limits within fourteen days
 of the service of the notice;

 • A warning that the dog will be subject to seizure if it is not rehomed or
 humanely euthanized within the required timeframe; and

 • Information on the right to appeal, stating the owner may file a written
 notice of appeal with the Legal Department within fourteen days from the
 date of service.

I. If the owner is ordered to humanely euthanize the dog or have it microchipped and
 rehomed outside the city limits, the owner must comply within the required
 timeframe of the notice of the declaration. If the owner fails to do so, the City of
 Davenport or its designee is authorized to seize and impound the animal. Additionally,
 the animal may be seized at any time if it is not securely confined or leashed under
 the direct control of a person 18 years of age or older. An impounded animal shall
 be held for fourteen days or, if an appeal is filed, until seven days after the final
 decision of the appeal. If the appeal results in a reversal of the dangerous declaration,
 the animal shall be immediately release to the owner or their representative.
 However, if the declaration remains in effect and the owner does not seek a review
 by the district court, the City of Davenport or its designee shall proceed with the
 disposition of the animal in accordance with the policies of the organization providing
 shelter services.

J. Orders and declarations concerning dangerous dogs issued by the City of Davenport
 or its designee may be appealed through the administrative appeal procedure set
 forth in Section 6.04.165 of this Code.
  K. Any dog alleged to be dangerous and held under impoundment or quarantine shall
 not be released to the owner but shall remain confined at the owner’s expense until
 the outcome of the hearing is determined. If the dog is deemed dangerous, all costs
 associated with its impoundment or quarantine shall be the responsibility of the
 owner. If the Animal Hearing Commission after a full and complete hearing
 determines the animal should not be deemed dangerous, all costs of the
 impoundment and/or quarantine will be the responsibility of the City of Davenport.

  L. Failure to comply with an order issued by the City of Davenport or its designee under
 this section whether not appeal or upheld on appeal shall constitute a misdemeanor
 offense. A violation of any of the provisions of this section may be charged as a simple
 misdemeanor offense. Additionally, any animal control or police officer shall have the
 right to seize and impound the animal if any of the conditions and specifications
 established by this section are not being met.

6.04.115. Security service dogs.

  A. No person shall engage in the business of providing security service dog service in
 the City or to act as a handler, unless said person has obtained a license as required
 by this section prior thereto.
  B. No person shall own or have the care or custody of a security service dog unless
 the person has secured a working service dog license, tag and identification
 number from the City or its agent. The fee for each security service dog license
 shall be $10. No security service dog license or tag shall be issued unless said
 working service dog is currently vaccinated for rabies.

  C. An application for a license to operate, maintain and conduct security service dog
 service in the City shall be filed, together with an application fee of $200, with the
 City or its agent. The application shall state the name, address, type of organization
 of security service dog service, its method of operation, the names and addresses of
 its officers, and the names of its employees and include evidence that the applicant
 is a bona fide security service licensed by any state or federal authority. The
 application must be accompanied by an insurance certificate or a surety bond
 underwritten by a corporate surety admitted to do business in the state of Iowa, in a
 form approved by the City Attorney, in the sum of $300,000 blanket coverage for the
 security service dog service. The security dog service and surety shall be jointly and
 severally liable to any person, firm or corporation for damages suffered by reason of
 the wrongful acts of the security service dog service. Notice of proposed cancellation
 of the insurance or bond shall be provided to the City or its agent not less than 30
 days in advance of the cancellation date.

  D. Each applicant for a security service dog handler license shall be a natural person
 and shall pay an annual fee of $100 and shall be required to carry insurance or a
 surety bond in the amount of $100,000 covering the same items as set forth in
 subsection D above. A security service dog service licensed under subsection D above
 need not obtain a separate handler license under this subsection.

  E. It shall be unlawful for any person to engage in any business or occupation licensed
 under this section in the City unless such person holds a valid license pursuant to this
 section. A violation of this section may be charged as a simple misdemeanor.

  F. Every handler or owner of a security service dog shall see to it that such animal wears
 a clearly visible tag approved by the City or its agent at all times it is within the City
 unless the dog is performing a security service which requires not wearing a tag in
 order to perform the service safely. Such tag shall have stamped thereon "Security
 Service Dog, Tag No., City of Davenport," and the year the tag was issued for. Lost
 or stolen tags shall be immediately reported to the City or its agent and shall be
 replaced by the City or its agent at the cost provided for other tags as stated in this
 chapter.

  G. Any security service dog service or handler that sells or otherwise transfers ownership
 of any security service dog shall, not less than 10 days after the transfer, file a report
 with the City or its agent containing the name and address of the person to whom
 such dog was transferred, a description and identification tag number of the dog, and
 any other information the City or its agent deems necessary.

  H. Any person whose security service dog is lost or stolen or whose dog has died shall,
 within 24 hours of the loss or theft, or within 10 days of the death, file a report with
 the City or its agent containing a description and identification tag number of the
 dog, and any other information the City or its agent deems necessary.

  I. A security service dog, properly registered as required by this section, in the custody
 and control of a licensed security service dog service or handler, shall not be declared
 to be a dangerous or vicious dog, provided that at the time of attack said dog was
 under the direct supervision of a security service dog service or licensed handler.

6.04.120. Damage to property.

  No person shall allow or permit their animal to damage, injure, or destroy any shrubbery,
  plants, flowers, grass, fence, or anything whatsoever upon public or private property
  without prior permission from the property owner or authorized person.

6.04.130. Barking dogsAnimal noise regulations.

  A. It shall be unlawful to keep or harbor any dog which, by frequent, regular, habitual, or
  continued barking, yelping, or howling shall cause serious annoyance to the surrounding
  neighborhood. Such action is a violation of this chapter and is also hereby declared a
  public nuisance. The animal control officer or a Davenport police officer shall have the
  authority to use all reasonable means to abate such nuisance, including but not limited to
  requiring that the owner or custodian make bona fide efforts to quiet the dog and
  impoundment of the dog if the owner or custodian is absent from the premises. If the dog
  is impounded, the officer shall attempt to locate and notify the absent owner or custodian
  by any reasonable means as soon as possible.A person shall not keep, harbor, feed, or
  knowingly allow any animal to emit vocalizations plainly audible beyond the property line
  in a manner that meets one of the following objective thresholds:

 a. Nighttime (10:00 p.m.–7:00 a.m.): continuous vocalization for 5 minutes or longer,
 or intermittent vocalization totaling 10 minutes within any 1-hour period.
 b. Daytime (7:00 a.m.–10:00 p.m.): continuous vocalization for 10 minutes or longer,
 or intermittent vocalization totaling 30 minutes within any 24-hour period.

 B. Evidence. A violation may be established by (i) officer observation; (ii) audio/video
 recordings that reasonably capture duration and audibility from the complainant’s
 property; (iii) a sworn complaint by two independent witnesses, or one witness
 corroborated by time-stamped recordings or an officer follow-up.

 C. Defenses/exceptions. No violation occurs when the vocalization is:

 a. In response to provocation, trespass, or an immediate threat;

 b. Caused by emergency vehicles or alarms (≤2 minutes);

 c. From permitted agricultural operations in an agricultural zone;

 d. From wildlife not kept/harbored by a person.

 Note: For community-cat caretakers, mere TNR feeding does not create liability unless the
 caretaker’s conduct knowingly or negligently causes repeated violations under §1.

 D. Responsible party. The owner, keeper, or person in control of the premises who allows
 the animal to remain and create the violation is responsible.

 E. Remedies. The enforcing official may issue: (i) a written warning and compliance plan;
 (ii) a municipal infraction; and (iii) abatement under the Code (e.g., indoor confinement
 during quiet hours, colony management conditions for community cats, or removal
 consistent with humane and public-health laws).

6.04.140. Impoundment.

 A. The City may establish and maintain a municipal animal shelter or the City may
 contract with any nonprofit incorporated society or association which shall provide
 and maintain an animal shelter for the enforcement of this chapter. It shall be the
 duty of the persons authorized by the City to operate such animal shelter to supervise
 and control such facility, to cause the shelter to be kept in a sanitary condition and
 free from offensive odors, to provide for adequate food, water and shelter, to provide
 for the collection of animals, to handle the destruction or disposition of animals not
 redeemed, and to assist in the enforcement and operation of this chapter. The
 provisions of this chapter shall be enforceable by any animal control officer and by
 members of the Davenport Police Department.

 B. Impoundment Procedure. Unrestrained animals found running at large, nuisance
 animals, neglected animals, abandoned animals, and cats or dogs running at large
 without license tags or rabies vaccination tags shall be taken and impounded in the
 animal shelter and there confined in a humane manner. Community cats may be
 excluded.

 All at large and impounded dogs and cats shall have an electronic identification
 device, otherwise known as a microchip, placed under the animal's skin after 72
 hours in impound, unless waived by the executive director of animal control or their
 designee for good cause. The microchip identification shall become part of the at
 large animal's record, and the impoundment fee shall be increased to include the
 cost of the microchip implantation and registration in the amount set by Animal
 Control.

C. Notice. Every dog or cat found without a license, collar, microchip, rabies tag, or
 similar identification shall be kept for not less than three days after being impounded
 unless sooner redeemed by the owner in accordance with this article. Dogs with
 identification shall be kept not less than seven days after being impounded unless
 sooner redeemed by the owner in accordance with this article.

D. Claim Fees. A person redeeming an impounded dog or cat shall pay the required
 redemption fee as stated in Section 6.04.060 for a first, second or third offense and
 the required boarding fees as provided for by this section. In addition, before an
 unlawfully unlicensed animal may be redeemed the person redeeming the animal
 must obtain a license as stated in this chapter. In addition, a person redeeming an
 animal shall pay any additional fees required under the provisions of this chapter,
 including any monies expended for the provision of medical treatment provided to
 the animal.

 The boarding fees for other animals shall be set by resolution of the City Council:

 1. For each dog, cat, ferret or similar animal a per day fee for the animal's care,
 food, water and shelter.

 2. For each domestic fowl, chicken, goose, duck or waterfowl a per day fee for the
 animal's care, food, water and shelter.

 3. For each horse, mule, jack, cow, bull, steer, ox, swine, sheep, goat or similar
 animals a per day fee plus actual expenses incurred for the animal's care, food,
 water and shelter.

 4. For any animal not specified herein, a per day fee plus actual expenses incurred
 for the animal's care, food, water and shelter.

E. No animal need be kept for the period of notification or impoundment if a licensed
 veterinarian or an animal control officer certifies that the animal is so diseased or
 injured that it is unduly suffering or cannot survive. In such cases the animal may be
 subjected to humane euthanasia.

F. Unclaimed Animals. Animals not reclaimed or redeemed within the time limitations
 provided by this chapter shall become the property of the City or animal shelter and
 shall be placed for adoption in a suitable home or subjected to humane euthanasia.
 No unclaimed dog or cat shall be released for adoption to a suitable home without
 being sterilized, or without a written agreement from the adopter, secured by a cash
 deposit, guaranteeing that such animal will be sterilized.

G. The refusal to redeem or reclaim any impounded animal shall not relieve the owner
 of the duty to pay the impoundment fees, boarding fees, veterinarian expenses, or
 any other costs incurred in the care of the animal. An owner or custodian who refuses
 to pay such expenses shall be in violation of this chapter and subject to citation for
 the same.

  H. Neither the City nor the animal shelter, nor their agents and officers enforcing the
 provisions of this chapter shall be liable for any accident or subsequent disease that
 may occur in connection with the impoundment of any animal pursuant to this
 chapter.

6.04.150. Enforcing provisions.

  A. Animal control officers and Davenport police officers are authorized to issue municipal
 infraction citations or notices of violations for violations of the provisions of this
 chapter. If provided for by a section of this chapter, a Davenport police officer may
 enforce a violation of a section as a simple misdemeanor.

  B. It is unlawful for any person to interfere with, hinder, willfully prevent or attempt to
 prevent any police officer, animal control officer, or person authorized to enforce this
 chapter by the City Administrator in the enforcement of this chapter.

  C. Inspection Procedures. Whenever it becomes necessary to make an inspection to
 enforce any of the provisions of or to perform any duty imposed by this chapter or
 other applicable law, or whenever the animal control officer or other authorized
 person has reasonable cause to believe that there exists in any building or upon any
 premises any violation of the provisions of this chapter or other applicable law, the
 officer is authorized to enter such property at any reasonable time and to inspect the
 same and perform any duty imposed upon the officer by this chapter or other
 applicable law. If the property is occupied, the officer shall first present proper
 credentials to the occupant and request entry, explaining the reasons entry is sought.
 If the property is unoccupied, the officer shall first make a reasonable effort to locate
 the owner or other person in control of the property and request entry explaining the
 reason therefor. If entry is refused, or the owner or person in control of the property
 cannot be located after due diligence, the officer shall have recourse to every remedy
 provided by law to secure lawful entry and inspect the property.

  D. Immediate Inspection. Notwithstanding Section 6.04.170 subsection B., if the animal
 control officer or police officer has reasonable cause to believe that the keeping or
 the maintenance of any animal is so hazardous, unsafe or dangerous as to require
 immediate inspection to safeguard the animal or the public health or safety, the
 officer shall have the right to immediately enter and inspect such property, and may
 use any reasonable means required to effect such entry and make such investigation,
 whether the property is occupied or unoccupied. If occupied, the officer shall first
 present proper identification and demand entry explaining the reasons therefor and
 the purpose of the inspection.

6.04.155. Notice of violation, confiscation, revocation.

  An animal control officer or police officer may send notice of violation to an animal's
  owner or keeper. A notice of violation initiates administrative sanction procedures for
  violations of this chapter, revocation of a person's privilege to license or keep animals
  within the City, extension of periods of revocation, confiscation of an animal by the City,
  or a declaration that an animal is dangerous. A notice of violation shall be sent by certified
  mail or personally served upon an animal's owner or keeper at the request of a victim of a
  dog attack as defined in Section 6.04.010(K). The notice of violation may be appealed
  as provided in Section 2.86.020 of the City code. If appealed the hearing shall be
  scheduled and held as provided by the procedures in Chapter 2.86 of the City code. If a
  timely appeal is not filed the notice of violation shall be conclusively presumed to be true.
  If no timely appeal is filed the notified person shall be deemed to have waived all rights
  to challenge the action taken by the City.

6.04.160. Nuisances.

  A. Any animal which is not confined or kept under restraint as required by this chapter,
 and any wild, exotic, dangerous animal kept or maintained within the City in violation
 of this chapter, any animal which barks so frequently, regularly, or habitually that it
 causes serious annoyance to the surrounding neighborhood, is hereby declared a
 public nuisance.

  B. Whenever an animal control officer or police officer determines that a nuisance under
 this chapter exists, the officer may cause a written notice ordering the abatement of
 the nuisance to be served upon the owner or custodian. The notice to abate shall
 contain a description of what constitutes the nuisance, the location of the nuisance, a
 statement of the act or acts necessary to abate the nuisance, a definite time within
 which the nuisance shall be abated which time shall be reasonable under the
 circumstances, and a statement that the City will abate the nuisance if the nuisance
 is not abated in the manner and within the time stated and no request for a hearing
 is made within the time stated. Notice to abate shall be served personally upon the
 owner or custodian by serving the owner or custodian or any person residing at the
 residence who is at least 18 years old, or by serving the owner or custodian by certified
 mail return receipt requested. If service is by certified mail, service shall be deemed
 given when mailed.

  C. Any person ordered to abate a nuisance may request a hearing on the order to abate
 as provided in Section 2.86.020 of the City code. If appealed the hearing shall be
 scheduled and held as provided by the procedures in Chapter 2.86 of the City code.
 If no timely appeal is filed the nuisance shall be conclusively presumed to exist and
 the person who was notified to abate it shall be conclusively presumed to be
 responsible for the existence of the nuisance.

  D. If a person ordered to abate a nuisance neglects or fails to abate the nuisance as
 directed, the City may abate the nuisance. If an animal is impounded, the owner or
 custodian of the animal shall be notified of the impoundment as provided in Section
 6.04.140. Notwithstanding any other provision of this chapter, the impoundment
 authority shall keep an impounded animal until such time as the animal control officer
 who ordered the abatement notifies the impoundment authority that the owner or
 custodian has complied with the order to abate or has abated the nuisance in some
 other acceptable manner, in which case, the animal may be released to the owner or
 custodian upon payment of all the costs, fees and other expenses incurred in the care
 of the animal have been paid. If the impoundment authority is not notified of the
 owner's or custodian's compliance within three days after the impoundment, in the
 case of a previously abated nuisance animal, or from the time specified in a formal
 order of abatement, the impounded animal may be disposed of in the discretion of
 animal control.

 6.04.165. Animal Hearing Commission

 A. Purpose. The Animal Hearing Commission has the following powers:

 1. To hear and rule on appeals related to dangerous animal determinations within the
 city;

 2. To make decisions on whether an animal should be deemed dangerous under the
 city’s animal ordinances; and

 3. Authority to assign animal owners to training or other remediation efforts.

 B. Composition. The Commission shall consist of up to eight members, appointed by the
 City Administrator or designee, with the approval of City Council. Appointments shall be
 for a period of two years. Each member shall be at least 21 years of age and shall serve
 without compensation. The Commission shall further consist of at least one of each of
 the following:

 1. A City of Davenport representative or employee not involved in the case, including
 but not limited to the designated hearing officers under Chapter 2.86;

 2. A community member with animal expertise who is not involved in providing animal
 protection services;

 3. A board-certified veterinarian who works with companion animals, a veterinarian
 technician, a veterinarian’s assistant, other veterinary professional, or animal
 behavior specialist.

 Commission members must be available for timely case resolution and may be excused
 from the commission for lack of attendance. At least three members shall be present at
 each hearing conducted by the Commission. Any member may be recused if the member
 perceives a conflict of interest or personal connection involved in any case.

 C. Hearing Procedure. Procedures for initiating an appeal of a dangerous dog declaration
 are the same as those outlined in Chapter 2.86. The Animal Hearing Commission as a
 body will serve as the administrative hearing officer for appeals related to dangerous
 animal determinations. The commissioners shall have all the rights, duties, and
 responsibilities of an administrative hearing officer under Chapter 2.86 and shall follow
 and adhere to all of the procedures outline in Chapter 2.86. There will be no fee for a
 hearing of this type. Requests for external adjudication will not be accepted for hearings
 related to dangerous animal determinations.



6.04.170. Penalties.

 B. A violation of any provision of this chapter shall constitute a municipal infraction and
 may be cited and punished accordingly.

C. If provided for, a section of this chapter may be charged as a simple misdemeanor
 offense and may be cited and punished accordingly, in lieu of the issuance of a
 municipal infraction citation, at the officer's discretion.

D. In addition to a municipal infraction citation or simple misdemeanor citation for
 violations under this chapter, a notice of violation for the same incident may be issued
 to invoke the procedures pursuant to Section 6.04.155 of this chapter.

E. The following scheduled fines are established for municipal infractions:

 1. Section 6.04.020 (Licenses) $20;

 2. Section 6.04.030 (Display of tags); Section 6.04.040 (Rabies vaccination);
 Section 6.04.060 (At large); and Section 6.04.080 (Animal waste): (i) first
 offense $30; second offense $40; third offense $50; fourth or subsequent
 offense up to $200;

 3. Section 6.04.110 (Dangerous dog): first offense $250; second offense $500;
 third or subsequent offense $750.

F. If no scheduled fine is provided for a violation, then the fine imposed shall not exceed
 $500 for a first offense and $750 for a second or subsequent offense.
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November 4, 2025 | City Hall
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FY 2025 Intake Type Cats & Kittens

Total 2,358

Davenport 1,678

 Surrendered 208 (12.4%)

 Stray 1,403 (83.6%)
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 City of Davenport

Department: Administration Action / Date
Contact Info: Sam Huff | 563-326-7735 | 12/3/2025

Subject:
Third Consideration: Ordinance amending Chapter 12.72 entitled "Conduct in Public Parks" of
the Municipal Code of Davenport, Iowa to update language and requirements outlined in Iowa
State Code Chapter 724.28. [All Wards]

Recommendation:
Adopt the Ordinance.

Background:
The City’s current Ordinance regarding hunting and firearms in public parks does not align with
requirements in Iowa Code Chapter 724.28. State law limits how cities and counties can
regulate firearms and weapons, and local ordinances cannot be more restrictive than what state
law allows.

To maintain consistency with state law, the City is updating the Municipal Code to reflect the
provisions of Iowa Code Chapter 724.28. This update removes outdated language, aligns the
City’s Code with state requirements, and ensures that the City remains legally compliant.

Attachments:
1. Ordinance
2. Current Section 12.72.060
3. Chapter 12.72 Redline
 ORDINANCE NO. _________________

AN ORDINANCE AMENDING CHAPTER 12.72 ENTITLED “CONDUCT IN PUBLIC PARKS” OF THE
MUNICIPAL CODE OF DAVENPORT, IOWA TO UPDATE LANGUAGE AND REQUIREMENTS OUTLINED
IN IOWA STATE CODE 724.28.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA:
Section 1. That Section 12.72.060 of the Municipal Code of Davenport, Iowa be and the same is hereby
amended as follows:
12.72.060 Recreational activities.
C. Hunting and Firearms

 1. Prohibited Actions. Except as permitted in this section, no person in a park shall:

 a. Hunt, trap, pursue, molest, kill, or capture any wild animal, reptile, or bird; or remove,
 possess, sell, or offer to sell any young, eggs, nests, or young of any wild animal,
 reptile, or bird.

 b. Discharge or use any firearm, unless specifically authorized by state law, and except
 as permitted under Subsection 2.

 c. Possess or carry within any park any weapon or device that is not otherwise permitted
 under Iowa state law, including but not limited to air rifles, spring-guns, bows and
 arrows, slings, or any instrument that can be loaded with blank cartridges, or any
 trapping device, unless permitted by the director under Subsection 2.

 2. Permitted Use. The following are permitted, notwithstanding the prohibitions in Paragraph
 1, subject to compliance with all applicable state and federal laws, and subject to any
 additional rules adopted by Parks & Recreation:

 a. Carrying by persons who are legally eligible under Iowa Code, including those who
 may carry handguns under the state’s permitless carry law. Such persons may carry
 firearms in parks, provided that they are not disqualified under state or federal law.

 b. Discharge of a firearm in a park only under a special written permit granted by the
 director, for specific events or uses (e.g., target ranges, permitted ceremonies), and
 consistent with state law relating to discharge and public safety.

 c. Use of archery equipment or non-firearm weapons (bows and arrows, etc.) in
 designated areas only, where those uses are approved by the director, and in
 compliance with all applicable safety standards and notices.

 3. Shooting Across Boundaries. Shooting into or across park boundaries (from outside the park
 into the park or vice versa) is prohibited unless specifically permitted by a special written
 permit issued by the director, consistent with safety and state law.

 4. Compliance & Preemption. This section does not require any person to violate state law.
 Where state law allows carrying, possessing, or transporting a weapon, this ordinance shall
 not unreasonably burden those rights, though it may impose reasonable time, place, and
 manner restrictions for park safety. If any part of this section is found to conflict with state
 law or court decision, it shall be severable, and the remainder shall remain in effect.

SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void,
then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall
be and remain in full force and effect, the same as if the ordinance contained no illegal or void
provisions.

REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.

EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and
publication as provided by law.

 First Consideration _____________________________

 Second Consideration _________________________

 Approved ________________________________

 Published in The Quad-City Times on ___________________________



 Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
City of Davenport, IA




 12.72.060. Recreational activities. [Ord. 76-582 § 1 (part); prior code § 31.01-6]
 A. Bathing and Swimming.
 1. Designated Areas. No person in a park shall: swim, bathe or wade in any waters or
 waterways in or adjacent to any park, except in such waters and at such places as are
 provided therefor, and in compliance with such regulations as are set forth in this section
 or may be hereafter adopted; nor shall any person frequent any waters or places
 customarily designated for the purpose of swimming or bathing, or congregate thereat
 when such activity is prohibited by the director, upon a finding that such use of the water
 would be dangerous or otherwise in-advisable.
 2. Certain Hours. No person in a park shall: frequent any waters or places designated for
 the purpose of swimming or bathing, or congregate thereat, except between such hours
 of the day as shall be designated by the director for such purposes for each individual
 area.
 3. Bathhouses. No person in a park shall: dress or undress in any vehicle, toilet or other
 place, except in such bathing houses or structures as may be provided for that purpose.
 B. Boating.
 1. Designated Areas. No person in a park shall bring into or operate any boat, raft, or other
 water craft, whether motor powered or not, upon any waters, except at places designated
 for boating by the director. Such activity shall be in accordance with applicable
 regulations as are now or may hereafter be adopted.
 2. Operation of Boats. No person in a park shall: navigate, operate, direct or handle any
 boat in violation of federal, state or local laws pertaining to the operation of boats.
 3. Prohibition During Closing Hours. No person in a park shall: launch, dock, or operate
 any boat of any kind on any waters between the closing hour of the park at night and
 opening hour the following morning, nor shall any person be on, or remain on or in, any
 boat during the closed hours of the park.
 4. Hunting and Firearms. No person in a park shall: hunt, trap or pursue wild life at any
 time. No person shall within a park use, carry or possess firearms of any descriptions,
 or air rifles, spring-guns, bow-and-arrows, slings or any other forms of weapons
 potentially inimical to wild life and dangerous to human safety, or any instrument that
 can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting
 into park areas from beyond park boundaries is forbidden, except on special written
 permit issued under this chapter.
 C. Picnic Areas and Use.
 1. Regulated. No person in a park shall: picnic or lunch in a place other than those
 designated for that purpose. Attendants shall have the authority to regulate the activities
 in such areas when necessary to prevent congestion and to secure the maximum use for
 the comfort and convenience of all. Visitors shall comply with any directions given to
 achieve this end.
 2. Availability. No person in a park shall: violate the regulation that use of the individual

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City of Davenport, IA
 12.72.060 12.72.060

 Fireplaces together with tables and benches follows generally the rule of "first come,
 first served."
 3. Nonexclusive. No person in a park shall: use any portion of the park areas or of any of
 the buildings or structures therein without a permit issued by the director, for the
 purpose of holding activities to the exclusion of other persons, nor shall any person use
 such area and facilities for an unreasonable time if the facilities are crowded.
 4. Duty of Picnicker. No person in a park shall: leave a picnic area before the fire is
 completely extinguished and before all trash in the nature of boxes, papers, cans, bottles,
 garbage and other refuse is placed in the disposal receptacles where provided. If no such
 trash receptacles are available, then refuse and trash shall be carried away from the park
 area by the picnicker to be properly disposed of elsewhere.
 D. Camping. No person shall: without a permit from the director, set up tents, shacks, or any
 other temporary shelter for the purpose of camping, nor shall any person leave in a park after
 closing hours any equipment, structure or vehicle to be used or that could be used for such
 purposes, such as house trailer, camp trailer, camp wagon or the like.
 E. Games. No person in a park shall: take part in or abet any recreational activity or the playing
 of any games except in areas set apart therefor.
 F. Horseback Riding. No person in a park shall: ride, drive, or lead a horse except on park
 drives. Where permitted, horses shall be thoroughly broken and properly restrained, and
 ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to
 any rock, tree or shrub.
 G. Firearms, Missiles and Fireworks. No person in a park shall: carry, shoot, fire, explode or
 impel, any firearms, air rifles, bows and arrows, pellet guns, sling shots, fireworks,
 firecrackers, rockets, torpedoes or missiles or explosives of any kind in any park, without a
 permit from the director.




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City of Davenport, IA




 12.72.060. Recreational activities. [Ord. 76-582 § 1 (part); prior code § 31.01-6]
 A. Bathing and Swimming.
 1. Designated Areas. No person in a park shall: swim, bathe or wade in any waters or
 waterways in or adjacent to any park, except in such waters and at such places as are
 provided therefor, and in compliance with such regulations as are set forth in this section
 or may be hereafter adopted; nor shall any person frequent any waters or places
 customarily designated for the purpose of swimming or bathing, or congregate thereat
 when such activity is prohibited by the director, upon a finding that such use of the water
 would be dangerous or otherwise in-advisable.
 2. Certain Hours. No person in a park shall: frequent any waters or places designated for
 the purpose of swimming or bathing, or congregate thereat, except between such hours
 of the day as shall be designated by the director for such purposes for each individual
 area.
 3. Bathhouses. No person in a park shall: dress or undress in any vehicle, toilet or other
 place, except in such bathing houses or structures as may be provided for that purpose.
 B. Boating.
 1. Designated Areas. No person in a park shall bring into or operate any boat, raft, or other
 water craft, whether motor powered or not, upon any waters, except at places designated
 for boating by the director. Such activity shall be in accordance with applicable
 regulations as are now or may hereafter be adopted.
 2. Operation of Boats. No person in a park shall: navigate, operate, direct or handle any
 boat in violation of federal, state or local laws pertaining to the operation of boats.
 3. Prohibition During Closing Hours. No person in a park shall: launch, dock, or operate
 any boat of any kind on any waters between the closing hour of the park at night and
 opening hour the following morning, nor shall any person be on, or remain on or in, any
 boat during the closed hours of the park.
 C. Hunting and Firearms.
 1. Prohibited Actions. Except as permitted in this section, no person in a park shall:
 • Hunt, trap, pursue, molest, kill, or capture any wild animal, reptile, or bird;
 or remove, possess, sell, or offer to sell any young, eggs, nests, or young of
 any wild animal, reptile, or bird.
 • Discharge or use any firearm, unless specifically authorized by state law, and
 except as permitted under Subsection 2.
 • Possess or carry within any park any weapon or device that is not otherwise
 permitted under Iowa state law, including but not limited to air rifles, spring-
 guns, bows and arrows, slings, or any instrument that can be loaded with
 blank cartridges, or any trapping device, unless permitted by the director
 under Subsection 2.
 2. Permitted Use. The following are permitted, notwithstanding the prohibitions in
 Paragraph 1, subject to compliance with all applicable state and federal laws, and
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City of Davenport, IA
 subject to any additional rules adopted by Parks & Recreation:
 • Carrying by persons who are legally eligible under Iowa Code, including
 those who may carry handguns under the state’s permitless carry law. Such
 persons may carry firearms in parks, provided that they are not disqualified
 under state or federal law.
 • Discharge of a firearm in a park only under a special written permit granted
 by the director, for specific events or uses (e.g., target ranges, permitted
 ceremonies), and consistent with state law relating to discharge and public
 safety.
 • Use of archery equipment or non-firearm weapons (bows and arrows, etc.)
 in designated areas only, where those uses are approved by the director, and
 in compliance with all applicable safety standards and notices.
 3. Shooting Across Boundaries. Shooting into or across park boundaries (from outside the
 park into the park or vice versa) is prohibited unless specifically permitted by a special
 written permit issued by the director, consistent with safety and state law.
 4. Compliance & Preemption. This section does not require any person to violate state
 law. Where state law allows carrying, possessing, or transporting a weapon, this
 ordinance shall not unreasonably burden those rights, though it may impose reasonable
 time, place, and manner restrictions for park safety. If any part of this section is found
 to conflict with state law or court decision, it shall be severable, and the remainder
 shall remain in effect.
 0.5. No person in a park shall: hunt, trap or pursue wild life at any time. No person shall
 within a park use, carry or possess firearms of any descriptions, or air rifles, spring-
 guns, bow-and-arrows, slings or any other forms of weapons potentially inimical to
 wild life and dangerous to human safety, or any instrument that can be loaded with and
 fire blank cartridges, or any kind of trapping device. Shooting into park areas from
 beyond park boundaries is forbidden, except on special written permit issued under this
 chapter.
 D. Picnic Areas and Use.
 1. Regulated. No person in a park shall: picnic or lunch in a place other than those
 designated for that purpose. Attendants shall have the authority to regulate the activities
 in such areas when necessary to prevent congestion and to secure the maximum use for
 the comfort and convenience of all. Visitors shall comply with any directions given to
 achieve this end.
 2. Availability. No person in a park shall: violate the regulation that use of the individual




Downloaded from https://ecode360.com/DA4058 on 2025-08-27
City of Davenport, IA
 12.72.060 12.72.060

 Fireplaces together with tables and benches follows generally the rule of "first come,
 first served."
 3. Nonexclusive. No person in a park shall: use any portion of the park areas or of any of
 the buildings or structures therein without a permit issued by the director, for the
 purpose of holding activities to the exclusion of other persons, nor shall any person use
 such area and facilities for an unreasonable time if the facilities are crowded.
 4. Duty of Picnicker. No person in a park shall: leave a picnic area before the fire is
 completely extinguished and before all trash in the nature of boxes, papers, cans, bottles,
 garbage and other refuse is placed in the disposal receptacles where provided. If no such
 trash receptacles are available, then refuse and trash shall be carried away from the park
 area by the picnicker to be properly disposed of elsewhere.
 E. Camping. No person shall: without a permit from the director, set up tents, shacks, or any
 other temporary shelter for the purpose of camping, nor shall any person leave in a park after
 closing hours any equipment, structure or vehicle to be used or that could be used for such
 purposes, such as house trailer, camp trailer, camp wagon or the like.
 F. Games. No person in a park shall: take part in or abet any recreational activity or the playing
 of any games except in areas set apart therefor.
 G. Horseback Riding. No person in a park shall: ride, drive, or lead a horse except on park
 drives. Where permitted, horses shall be thoroughly broken and properly restrained, and
 ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to
 any rock, tree or shrub.
 H. Firearms, Missiles and Fireworks. No person in a park shall: carry, shoot, fire, explode or
 impel, any firearms, air rifles, bows and arrows, pellet guns, sling shots, fireworks,
 firecrackers, rockets, torpedoes or missiles or explosives of any kind in any park, without a
 permit from the director.




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 City of Davenport

Department: Finance Action / Date
Contact Info: Nicole Gleason | 563-326-7734 12/3/2025

Subject:
Resolution authorizing the conveyance of City-owned property located at 2301 East 11th Street
to the Davenport Fire Antique and Restoration Society, Petitioner. [Ward 5]

Recommendation:
Adopt the Resolution.

Background:
This property was originally used by the Davenport Fire Department as Hose Station #4, but
has been leased to the Petitioner, Davenport Fire Antique and Restoration Society, for use as
the International Fire Museum for over 40 years.

The Society is a non-profit organization and, through planned fund-raising, lending, and
volunteer efforts, would like to make several improvements to the structure and property
including, but not limited to, tuck pointing, painting, refinishing floors on first and second levels,
updating windows, and concrete work. In order to effectively complete the improvements, they
have asked to become the owners of this historic building. As they have diligently operated the
facility for several decades, the City has tentatively entered into a purchase agreement to
transfer the property for $1 in recognition of the community partnership and desire for the
museum to continue to operate in the historic Village of East Davenport.

Notice of Public Hearing was published in the Quad-City Times on November 28, 2025, and
the Public Hearing was held on December 3, 2025, in accordance with Iowa law. Adoption of
the Resolution will authorize the Mayor and staff to execute closing documents and convey the
property to the Petitioner.

Attachments:
1. Resolution
 \Resolution No. _______________


Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION authorizing the conveyance of City-owned property located at 2301 East 11th Street to
the Davenport Fire Antique and Restoration Society, Petitioner.

WHEREAS, the City of Davenport is the legal owner of certain property legally described as:

 a 70’ x 100’ tract in Lindsay Park Addition to the City of Davenport, Scott County, Iowa; and

WHEREAS, the City of Davenport wishes to convey the property to the Petitioner, Davenport Fire
Antiques and Restoration Society, for continued operation and improvement of the International Fire
Museum; and

WHEREAS, the transfer of this property is mutually beneficial to the City and the Petitioner; and

WHEREAS, transfer of this property will allow the Society to make needed property improvements;
and

WHEREAS, per State requirements, notification of the Public Hearing was published in the Quad-City
Times, and the Public Hearing was held on December 3, 2025.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the Mayor
and staff are hereby authorized to execute documents necessary to convey City-owned property
located at 2301 East 11th Street to the Davenport Fire Antique and Restoration Society, Petitioner.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Human Resources Action / Date
Contact Info: Alison Fleming | 563-326-7750 12/3/2025

Subject:
Resolution awarding a five-year contract for employee benefit brokerage consulting services to
AssuredPartners of Davenport, Iowa for an amount not to exceed $60,000 annually. [All Wards]

Recommendation:
Adopt the Resolution.

Background:
A Request for Proposals (RFP) for employee benefit brokerage consulting services was issued
and sent to vendors on July 23, 2025. On August 20, 2025, the Purchasing Division opened five
(5) proposals.

A selection committee evaluated the proposals on the following criteria set forth in the RFP:

 • Experience, Qualifications, and Expertise | 25%
 • Business Process | 25%
 • Scope of Services | 25%
 • Pricing | 20%
 • Quality & Thoroughness of Proposal | 5%


AssuredPartners of Davenport, Iowa was ranked the highest by the evaluating committee and
deemed the vendor to best meet the needs and requirements of the City.

The scope of the contract includes long-range planning and cost savings strategies, plan design
and rate negotiation, health plan management, ongoing management support, employee
benefit regulatory affairs, and employee communication. The annual contract fee is a not-to-
exceed amount of $60,000.

Funding for contracted services comes from the employee health fund.

Attachments:
1. Resolution
2. Bid Tab
 Resolution No. _______________


Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION awarding a five-year contract for employee benefit brokerage consulting services to
AssuredPartners of Davenport, Iowa for an amount not to exceed $60,000 annually.

WHEREAS, the City needs to contract for employee benefit brokerage consulting services; and

WHEREAS, AssuredPartners of Davenport, Iowa was ranked the highest by the evaluating committee
and deemed the vendor to best meet the needs and requirements of the City.

NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Davenport, Iowa, that
a five-year contract for employee benefit brokerage consulting services is hereby awarded to
AssuredPartners of Davenport, Iowa for an amount not to exceed $60,000 annually.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Administration Action / Date
Contact Info: Chief Jeff Bladel, Hanna Whitehurst | 563-888- 12/3/2025
 2163

Subject:
Resolution ratifying the Behavioral Health Services Agreement with the Iowa Primary Care
Association (Iowa PCA) to provide funding for a Crisis Intervention Officer. [All Wards]

Recommendation:
Adopt the Resolution.

Background:
The Iowa Primary Care Association (Iowa PCA), now serving as the state’s Behavioral Health
Administrative Services Organization (BH-ASO), has transitioned to a unified Behavioral Health
Services System beginning July 1, 2025. As part of this transition, the Iowa PCA has offered the
City of Davenport a Behavioral Health Services Agreement that provides funding support for the
Police Department’s Co-Responder Program.

The Co-Responder Program pairs a full-time Crisis Intervention Officer (a sworn Davenport
police officer) with a mental health professional from Vera French. Together, they respond to
mental health-related calls, conduct follow-up visits, coordinate services, and help connect
individuals in crisis to the most appropriate resources.

The agreement provides up to $100,000 in year one to support personnel costs associated with
the Crisis Intervention Officer position. To ensure the agreement follows the City’s standard
approval procedures, staff is requesting City Council ratification. Ratifying the agreement will
allow the Police Department to fully participate in the state’s updated behavioral health system,
maintain continuity of crisis response services, and support the long-term sustainability of the
Co-Responder Program in partnership with the BH-ASO. This is a cooperative agreement with
the agreement held between Vera French and the Iowa PCA.

Attachments:
1. Resolution
2. Agreement
 Resolution No. ________________



Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION ratifying the Behavioral Health Services Agreement with the Iowa Primary
Care Association (Iowa PCA) to provide funding for a Crisis Intervention Officer.

WHEREAS, the Iowa Primary Care Association (Iowa PCA), serving as the State of Iowa’s
Behavioral Health Administrative Services Organization (BH-ASO), implemented a
statewide transition to a unified Behavioral Health Services System effective July 1, 2025;
and

WHEREAS, as part of this transition, the Iowa PCA has offered the City of Davenport a
Behavioral Health Services Agreement that provides funding to support for the Davenport
Police Department’s Co-Responder Program; and

WHEREAS, the Co-Responder Program pairs a full-time Crisis Intervention Officer with a
Mental Health Professional from Vera French to respond to mental-health-related calls,
conduct follow-up contacts, coordinate care, and improve outcomes for individuals
experiencing crisis within the community; and

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Davenport, Iowa
that the Resolution ratifying the Behavioral Health Services Agreement with the Iowa
Primary Care Association (Iowa PCA) to provide funding for a Crisis Intervention Officer
is hereby approved.

Passed and approved this 10th day of December, 2025.

Approved: Attest:




_____________________ _____________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
Docusign Envelope ID: 6D5E2FE9-7FAA-40A3-9A05-AEC8739990F4




 Gil Proehl
 City of Davenport

 June 14, 2025

 Dear Gil,

 The Iowa Primary Care Association (Iowa PCA), the state’s new Behavioral Health Administrative
 Services Organization (BH-ASO), is excited to be reaching out to your organization to offer a
 contract for services within Iowa’s behavioral health continuum of care. The continuum of care
 is defined within Iowa’s Behavioral Health Service System Statewide Plan and includes
 prevention, early intervention, treatment, recovery, and crisis services. There is a brief overview
 of the Iowa PCA and our role as the BH-ASO at the end of this letter.
 The contracting approach of the Iowa PCA, as the BH-ASO, provides access and sustainability
 funding for services core to the continuum of care. These contracted services are one
 component of Iowa’s new Behavioral Health Service System Statewide Plan. Another
 component is Iowa HHS’s new Safety Net Management Information System (SN-MIS) and
 associated fee schedule for billable services. We have included this information as well, and
 those services will be billed directly to Iowa HHS for reimbursement and therefore are not
 included in this contract or reimbursable by the Iowa PCA.

 Click here for draft SN-MIS fee schedule

 During this transition, services core to the continuum of care and service areas in effect now are
 expected to carry over on July 1, 2025. With that goal in mind, below are some key principles
 about the approach to contracting during this continuity period as we collectively work together
 to transition to the new service system.
  Iowa’s Mental Health and Disability Services (MHDS) Regions SFY24 expenditure data
 and contract information was used to identify behavioral health and disability services
 that will be paid through the SNMIS or through the BH-ASO.
  We have attempted to extract all direct services core to the continuum and eligible for
 access and sustainability funding and included them in one contract, by provider or
 partner, to carry forward July 1, 2025 in services areas as of June 30, 2025. Dollars
 identified as one-time investments by MHDS Regions are not included in the BH-ASO
 contracts effective July 1, 2025.
  The rates in Attachment B are consistent across the state and were set by Iowa HHS
 based on historical expenditures data from both Iowa HHS contracts and as provided by
 the legacy MHDS regions.
Docusign Envelope ID: 6D5E2FE9-7FAA-40A3-9A05-AEC8739990F4




  The contact information populated in the contracting package is based on the
 information your organization submitted to us through the Provider Profile Form on our
 website There may be additional information your organization is asked to populate in
 the package.

 We recognize that the process that was followed above may result in services, counties, or
 funding not being accounted for in the contracting package your organization receives. Please
 review all components of the package described below and reach out to
 bhasoproviderrelations@iowapca.org to report any inaccurate information as soon as possible.

 In addition to this cover letter, key components of the contracting package include:
 1. Behavioral Health ASO Service Agreement – sets the general terms and conditions for
 the overall business relationship. When designing this document, the Iowa PCA sought
 continuity and streamlining across all providers. With this in mind, we will be accepting
 minimal changes to this document.
 2. Attachment A: Product Attachments – the number of attachments will vary depending
 upon the services your organization provides (up to 7 total). These service descriptions
 and requirements were developed by Iowa HHS and include state and federal
 regulations. The Iowa PCA does not have authority to amend these.
 3. Attachment B: Rate Sheet – the rates in this attachment are consistent across the state
 and were set by Iowa HHS based on historical data provided by the legacy MHDS
 Regions.
 4. Attachment C: Data & Reporting – as the system develops, we will have additional details
 on the requirements for data reporting necessitating future amendment.
 5. Attachment D: Business Associate Agreement (BAA) – a legally binding agreement
 between a covered entity (healthcare provider, health insurance plan, etc.) and a
 business associate (a third party who performs certain functions or provides services
 that involve access to protected health information (PHI). When designing this
 document, the Iowa PCA sought continuity and streamlining across all providers. With
 this in mind, we will not be accepting changes to this document.

 The Iowa PCA is open to further discussion and is striving to maintain continuity of all services
 that are carrying forward in the state’s continuum of care while also streamlining this important
 work across the state. After reviewing all the attachments, please take one of two actions:

 1) Execute the contract by signing all fields and submitting back to the Iowa PCA via the e-
 signature process.
Docusign Envelope ID: 6D5E2FE9-7FAA-40A3-9A05-AEC8739990F4




 2) Reach out to bhasoproviderrelations@iowapca.org to schedule time to discuss this
 contract further.

 The Iowa PCA is working to have all negotiations finalized and contracts fully executed no later
 than June 20, 2025.

 Upon execution, please also:
 1. Upload a copy of your most recent W-9 to the link in the email, and
 2. Fill out the Electronic Funds Transfer information attached.

 We appreciate your engagement and responsiveness to this request as we collectively work
 together to transition this system on July 1, 2025. We look forward to our partnership!

 Sincerely,




 Aaron L. Todd Jeni Hanselman
 Chief Executive Officer Chief Behavioral Health Officer
 Iowa Primary Care Association Iowa Primary Care Association

 About the Iowa PCA and Its Role as the New BH-ASO
 The Iowa PCA is recognized as a national leader in health information technology, value-based
 care partnerships, quality improvement, organizational change management, and systems
 change. As the statewide BH-ASO, the Iowa PCA will draw upon these competencies, our
 experiences, and continue to seek input from local stakeholders to inform their approach to
 system redesign efforts and to ensure a smooth transition to the new model. The BH-ASO is
 responsible for ensuring all Iowans have clear, consistent pathways to care and the support they
 need within each behavioral health district through installation of behavioral health system
 navigation. The Iowa PCA will meet regularly with local leaders, school officials, law
 enforcement, health care providers and public health professionals to discuss behavioral health
 needs at a local level. We will also engage in district assessment and planning that is aligned
 with the state’s Behavioral Health Service System Statewide Plan. Over time, we will instill a
 unified operational approach for each of the seven behavioral health districts with guidance and
 input from the Behavioral Health District Advisory Councils, resulting in a more streamlined and
 efficient system of care.
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 02/18/2025
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 Behavioral Health – Administrative Services Organization Agreement - SIGNATURE PAGE
 In consideration of the promises and representations stated, the Parties agree as set forth in this
 Agreement. The Authorized Representative acknowledges, warrants, and represents that the Authorized
 Representative has the authority and authorization to act on behalf of its Party. The Authorized
 Representative further acknowledges and represents that he/she received and reviewed this Agreement
 in its entirety.
 The Authorized Representative for each Party executes this Agreement with the intent to bind the Parties
 in accordance with this Agreement.
 Provider’s Legal Name (“Provider”) – Matching the applicable tax form (i.e., W-9, Line 1):
 City of Davenport
 Authorized Representative’s Signature: Authorized Representative’s Name – Printed:
 Gil Proehl
 Authorized Representative’s Title: Authorized Representative’s Signature Date:
 Police Captain 6/18/2025 | 14:44 CDT
 Telephone Number: Email Address – Official Correspondence:
 563-888-2094 Gil.Proehl@davenportiowa.com
 Mailing Address – Official Correspondence: Payment Address – If different than Mailing
 Address:
 226 West 4th Street Davenport, Iowa 52801

 IRS 1099 Address – If different than Mailing Tax ID Number – As listed on corresponding tax
 Address: form:
 42-6004463



 Iowa Primary Care Association (“BH-ASO”)
 Authorized Representative’s Signature: Authorized Representative’s Name – Printed:
 Aaron L. Todd
 Authorized Representative’s Title: Authorized Representative’s Countersignature Date:
 Chief Executive Officer 6/18/2025 | 14:41 CDT
 Mailing Address – Official Correspondence: Email Address – Official Correspondence:
 500 S.W. 7th Street, Suite 300, Des Moines, IA 50309 atodd@iowapca.org
 Effective Date of the Agreement (“Effective Date”): July 1, 2025




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 Behavioral Health Services Agreement
 Provider and BH-ASO enter into this Behavioral Health Services Agreement (the “Agreement”) as of the
 Effective Date set forth on the Signature Page above. Provider and BH-ASO each are referred to as a
 “Party” and collectively as the “Parties.”

 RECITALS
 1) WHEREAS BH-ASO is a non-profit corporation contracted with the Iowa Department of Health and
 Human Services to serve as the Behavioral Health Administrative Services Organization in all
 behavioral health districts in the State of Iowa under 2024 Iowa Acts, chapter 1161 (the “BHDADS
 Systems Act”) and pursuant to Contract # BEHEOPC-25-201 as amend from time-to-time (the “State
 ASO Contract”);
 2) WHEREAS Provider is approved by required governmental agencies to provide behavioral health care
 and/or other related services and supplies and desires to provide services to eligible recipients in
 accordance with the law; and
 3) WHEREAS the Parties intend by entering into this Agreement that they will make behavioral health
 care and/or other related services and supplies available to eligible recipients under this Agreement.

 NOW, THEREFORE, in consideration of the promises and representations stated, the Parties agree as
 follows:

 SECTION 1 – DEFINITIONS
 The terms set out below shall have the meanings assigned to them in this Agreement. If a term is not
 defined in this Agreement, it shall have the meaning assigned to it in the BHDADS Systems Act or the State
 ASO Contract, or other appliable state or federal code or regulations. In the event of conflict between
 such definitions, the definition given to a term by the BHDADS Systems Act shall control.

 1.1 BH-ASO: Shall have the meaning set forth on the Signature Page.
 1.2 BHDADS Systems Act: Shall have the meaning set forth in the Recitals.
 1.3 Consumer: An individual seeking services through the Iowa Behavioral Health Services System
 and which meets the applicable eligibility requirements.
 1.4 Deliverables: Shall mean those required materials, reports, and other data or communications
 that Provider must provide BH-ASO as set out in Attachment A or B.
 1.5 District: Shall have the meaning assigned to it in the BHDADS Systems Act and the State ASO
 Contract.
 1.6 District Plan: Shall have the meaning assigned to it in the BHDADS Systems Act and the State ASO
 Contract.
 1.7 Government Contract: Any Agreement between, or applicable to, the Iowa HHS and the BH-ASO
 related to the Services.
 1.8 Iowa HHS: The Iowa Department of Health and Human Services.
 1.9 Law: Without limitation, federal, state, tribal, or local statutes, codes, orders, ordinances, and
 regulations applicable to this Agreement including but not limited to:
 a. SAMHSA Subrecipient Federal Regulations: 2 CFR 200.331(a)(1-5);
 b. SAMHSA Substance Use Prevention, Treatment, and Recovery Services (SUPTRS) Block
 Grant Regulations: 45 CFR Part 96 Subpart L;




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 c. Community Mental Health Services Block Grant regulations for an approved State
 application pursuant 42 USC CHAPTER 6A, SUBCHAPTER XVII, Part B, subpart I, §300x;
 d. Centers for Disease Control (CDC), Office on Smoking and Health, National and State
 Tobacco Control Program;
 e. Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
 (PRWORA).
 f. Specific Service Guidance developed by Iowa HHS.
 1.10 Loss: Shall have the meaning assigned to in in Section 5(1) of this Agreement.
 1.11 Marks: The trademarks, service marks, domain names, or logos of either Party.
 1.12 Personnel: Staff and licensed healthcare providers employed or contracted by Provider for
 Services to Consumers.
 1.13 Policies and Procedures: Those written policies and procedures, and general requirements from
 Iowa HHS, published by BH-ASO on its website that govern the relationship among Iowa HHS,
 the Provider, and BH-ASO, including any procurement policy, billing and payment process,
 grievance procedures, and provider handbook or similar materials.
 1.14 Provider: Shall mean the entity designated on the Signature Page.
 1.15 Services: Clinical or non-clinical assistance, in any of the following areas on the behavioral
 health continuum: prevention, early intervention, treatment, recovery, and crisis services and
 recovery supports, which the Provider is licensed and authorized to provide and is a
 requirement of this Agreement as set out in Attachment A and B.
 1.16 State: Shall mean the State of Iowa.
 1.17 State ASO Contract: Shall have the meaning set forth in the Recitals.
 1.18 State Behavioral Health Plan: The plan developed by Iowa HHS, subject to public review and
 comment, that identifies and addresses systemic needs and adopts key strategies, tactics, and
 goals for the Behavioral Health Service System.


 SECTION 2 – PROVIDER OBLIGATIONS

 2.1 Standard of Care.
 a. Provider agrees to provide the Services and Deliverables set out in Attachment A and B
 to the District(s) outlined in Attachment A and B, and any other attachments adding
 Services or Deliverables.
 b. Provider will ensure all Services delivered hereunder are delivered in accordance with
 generally accepted standards of practice, generally acceptable standards of professional
 conduct, Law, and Policies and Procedures.
 c. Provider will maintain adequate Personnel to ensure Services are provided without wait
 lists and within any other standards set out by Law, Policies or Procedures, or the
 attachments.
 d. Provider shall prevent any abuse, neglect, or exploitation of Consumers while receiving
 Services and shall comply with all Law and reporting requirements related to abuse,
 neglect, or exploitation.
 2.2 State Behavioral Health Plan and District Plan(s). In addition to any standards set by Law, in the
 Policies and Procedures, or in attachments or amendments, Provider shall adhere to and provide
 Services in a manner which conforms with any standards set in the State Behavioral Health Plan
 or District Plan(s) or State ASO Contract.




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 2.3 Non-Discrimination. Provider will not differentiate or discriminate against Consumers in a
 manner prohibited by Law or the State ASO Contract. Provider will provide Services in the same
 location, in the same general manner, in accordance with the same or substantially similar
 standards, and within the same general time or availability, regardless of payer.
 2.4 Facilities, Equipment, and Personnel. Provider’s facilities, equipment, personnel, technology
 (hardware and software), and administrative services will be maintained at an industry standard
 level and quality necessary to perform Provider’s duties under this Agreement and attachments
 and to comply with Law. Provider will further ensure that its Personnel comply with the applicable
 terms of this Agreement.
 2.5 Use of Name. Provider will participate in any program awareness activities conducted by the BH-
 ASO in accordance with Law or Government Contracts. Neither Provider nor BH-ASO will use the
 other’s name, including, but not limited to, trademarks, service marks, domain names, or logos
 (“Marks”) without the prior written approval of the other Party. This Agreement does not grant
 either Party a license or sublicense to the other Party’s Marks. Notwithstanding the foregoing: (a)
 Provider may refer to BH-ASO as a program in which Provider participates; and (b) BH-ASO may
 use Provider’s name and related information: (i) in BH-ASO’s filings and publications to identify
 Provider as providing Services to Consumers; (ii) in communications to identify Provider to
 Consumers; and (iii) as may be required to comply with the Law or the State ASO Contract.
 Provider agrees that Provider’s marketing materials related to this Agreement require BH-ASO’s
 review and prior written approval unless otherwise noted in the Agreement.
 2.6 Maintaining Records. Provider will maintain complete and correct books and records relating to
 Services provided under this Agreement for tax, accounting, and operation purposes. Provider
 records will include, but are not limited to, any records required in Attachment A or B, medical,
 and billing records for each Consumer to whom Provider provides Services. The records Provider
 maintains related to Services provided hereunder shall contain all information required by Law,
 generally accepted professional practices, the Policies and Procedures, the State ASO Contract,
 and this Agreement. Any records will be owned and maintained by the Provider and Provider will
 retain such records for as long as required by Law. This section will survive any termination of this
 Agreement.
 2.7 Annual Audit and On-Site Visits. Provider shall engage a certified public accountant to conduct
 an annual financial audit and must provide the report of each such audit to the BH-ASO within
 one hundred eighty (180) days of Provider’s fiscal year end. BH-ASO may periodically conduct
 site visits and reviews of Provider facilities and places of service, which such site visits may be in-
 person or virtual.

 2.8 Confidentiality of Consumer Record.
 a. To the extent applicable, Provider will comply with all applicable Laws, including, but not
 limited to, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and
 the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, and
 Government Contract regarding privacy and confidentiality. Provider will not disclose or
 use a Consumer’s name, address, social security number, identity, other personal
 information, treatment modality, or medical and billing records without obtaining
 appropriate authorization, except as otherwise permitted or required by Law or in order
 to provide emergency or crisis services in accordance with the Law. This section does not
 affect or limit Provider’s obligation to make available the record and other encounter
 data, and information concerning a Consumer’s care to BH-ASO, a governmental agency,




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 or another provider of health care. This section will survive any termination. To the extent
 that BH-ASO performs services for or on behalf of Provider such that BH-ASO is a
 “business associate” to Provider as that term is defined by HIPAA or the HITECH Act, the
 Parties agree to abide by the terms of the Business Associate Addendum attached hereto
 as Attachment D.
 b. If in the course of performance of this Agreement, either Party provides the other Party
 with individually identifiable information related to a Consumer that is not otherwise
 protected by HIPAA or the HITECH Act, the receiving Party shall comply with all applicable
 data protection Law and use commercially reasonable safeguards to protect such
 information.
 2.9 Informed Consent. Unless impracticable due to a crisis situation, Provider shall obtain informed
 consent from the Consumer and comply with all applicable state and federal data protection laws
 before sharing confidential Consumer data needed for BHDADS Systems navigation. Such BHDADS
 Systems navigation data sharing may include, but is not limited to, sharing between the following
 areas for service coordination: Aging and Disability, Medicaid Managed Care Organizations,
 Integrated Home Health, Justice-involved services, education systems and juvenile court services.
 Documents evidencing such informed consent shall include any and all language required by Law
 or the BH-ASO. The BH-ASO may request to review or approve Provider’s informed consent form
 prior to the use of such form.
 2.10 Delivery of Consumer Information and Site Visit. To the extent permitted by Law, Provider shall
 provide data and other records, as required for reporting and quality improvement, to BH-ASO as
 outlined in Attachment A or B. Provider will deliver such data and records within seven (7)
 calendar days, or a shorter period if required by Law, upon request or as may be required by Law,
 the Policies and Procedures, or third-party payers. Such data includes but is not limited to: (i)
 Consumer’s complaints and grievances; (ii) utilization and program compliance; (iii) payment; (iv)
 state and federal regulatory requests; and (v) requests made by accreditation agencies.

 a. Paper Records: Notwithstanding the foregoing, BH-ASO will otherwise reimburse
 Provider a copying fee of ten cents ($0.10) per page, not to exceed twenty dollars ($20)
 per request. Provider will deliver a written invoice to BH-ASO within thirty (30) days of
 providing the requested records to the BH-ASO.
 b. Electronic Records: To the extent that Provider maintains records electronically, Provider
 will furnish BH-ASO electronic access to the items as requested by BH-ASO or as required
 by a governmental agency without charge. This section will survive any termination of this
 Agreement.
 2.11 Consumer Access to Consumer Record. Provider will give each Consumer access to the
 Consumer’s Record and other applicable information in accordance with Law. This section will
 survive any termination of this Agreement.
 2.12 Participation in Appeals and Grievance Programs. Provider will participate in and comply with
 BH-ASO and Iowa HHS’s grievance and appeals programs and assist any Consumers in filing a
 grievance.
 2.13 Information Reporting and Changes. Provider will deliver to BH-ASO a complete and accurate
 list of its business/practice/facility locations and, as applicable, a list of Personnel. The
 information includes, but is not limited to, the information reasonably required by BH-ASO to
 produce provider directories and any subsequent changes to that information. Provider will be




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 required to deliver any changes as to its business/practice/facility locations and Personnel within
 fifteen (15) days of the date of such change.
 2.14 Data and Security; General Terms for Service Contracts; and Contingent Terms for Service
 Contracts. Provider shall comply with all applicable Data and Security terms of the State ASO
 Contract, as well as the General Terms for Service Contracts, and Contingent Terms for Service
 Contracts referenced in the State ASO Contract.
 2.15 Licensure. Provider represents that it, and its Personnel, has or have the appropriate, necessary,
 and applicable licenses, credentialing, and accreditation to provide Services in good standing,
 free of disciplinary action, and in unrestricted status. If required by Law, Provider and/or its
 Personnel shall maintain a current state controlled substances and/or federal Controlled
 Substance Act registration number. Provider will deliver evidence of licensure, credentialing, and
 accreditation to BH-ASO upon BH-ASO’s request. Provider will promptly notify BH-ASO of
 changes in its and its Personnel’s licensure, credentialing, and accreditation status, including, but
 not limited to, disciplinary action taken or proposed by any agency responsible for oversight of
 Provider and its Personnel.
 2.16 Unrestricted Status. If applicable, Provider represents to its best knowledge, information, and
 belief, neither it, nor any contracted or employed individuals who provide services, medical
 director or prescriptions reimbursable by a federal health care program, or such other persons
 required to be screened under applicable Law have been excluded from participation in the
 Medicare Program, by the state’s Medicaid Program, or any other federal health care program
 (collectively “Federal Health Care Program”). Provider agrees that it must check the Department
 of Health and Human Services Office of Inspector General List of Excluded Individuals and
 Entities, the System for Award Management and any other applicable exclusion list required to
 be checked under applicable Law to determine whether Provider or any of its Personnel have
 been excluded from participation in any Federal Health Care Program. These databases must be
 checked for any new Personnel and thereafter not less than monthly. Provider will notify BH-
 ASO as soon as possible in writing if Provider determines that Provider or any of its Personnel
 are suspended or excluded from any Federal Health Care Program. Provider agrees that it is
 subject to 2 CFR Part 376.
 2.17 Legal Actions. Provider will give prompt written notice to BH-ASO of: (i) a legal claim asserted by
 a Consumer related to Services and adjudicated with judgment against Provider and its Personnel
 and information about its resolution; and (ii) a criminal charge or indictment adjudicated against
 Provider or its Personnel and information about its resolution. This section will survive any
 termination of this Agreement.
 2.18 Liability Insurance. Provider will maintain general liability insurance, professional liability
 insurance, automobile liability, umbrella liability, workers’ compensation/employer liability, and
 property damage coverage consistent with industry standards and as required by Law, but such
 amount will be no less than one million dollars ($1,000,000.00) per occurrence and three million
 dollars ($3,000,000.00) in the aggregate for a policy year. Provider will maintain cyber insurance
 and additional insurance coverage consistent with industry standards and as required by Law,
 but such amount will be no less than one million dollars ($1,000,000.00) per occurrence and
 three million dollars ($3,000,000.00) in the aggregate for a policy year. Additionally, for each
 applicable Provider employee medical malpractice coverage shall be maintained consistent with
 industry standards and as required by Law, but such amount will be no less than one million
 dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) in the aggregate
 for a policy year. Provider will deliver copies of such insurance policy to BH-ASO within ten (10)




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 business days of a written request by BH-ASO. Provider will deliver advance written notice fifteen
 (15) business days before any change, reduction, cancellation, or termination of its insurance
 coverage. This section will survive any termination.
 2.19 Compliance with Law and Government Contracts. Provider will comply with the Law that is
 applicable to this Agreement. Provider acknowledges BH-ASO has entered into a State ASO
 Contract and Provider agrees it will comply with the applicable requirements from the State ASO
 Contract and any applicable amendment. Upon written request from Provider, BH-ASO will give
 Provider a copy of each relevant Government Contract under which Provider is participating,
 redacted to remove financial and other private and trade secret information.
 2.20 Fraud and Abuse. Provider shall prevent any abuse, neglect, or exploitation of Consumers while
 receiving Services and shall comply with all Law and reporting requirements related to abuse,
 neglect or exploitation. Provider will comply with Law relating to fraud, waste, and abuse.
 Provider will establish and maintain policies and procedures for identifying and investigating
 fraud, waste, and abuse. In the event Provider discovers an occurrence of fraud, waste, or abuse,
 Provider will promptly notify BH-ASO. Provider will use best efforts to participate in and comply
 with investigations conducted by BH-ASO or by a governmental agency. This section will survive
 any termination.
 2.21 Consumer Satisfaction. Provider shall use the process developed by BH-ASO, or if no process is
 developed Provider shall develop a process, to no less than annually seek input from Consumers
 on the quality of the Services provided by Provider. Provider shall annually report the finding to
 the BH-ASO.


 SECTION 3 – PAYMENT

 3.1 Services Outside Scope of This Agreement. Provider acknowledges that this Agreement does not
 address behavioral health services that are outside the scope of the defined Services in
 Attachment A. Any behavioral health services that are otherwise payable by Iowa Health Link,
 Iowa Medicaid fee for service, or other third-party payors shall be submitted to such payor. For
 example, behavioral health services which are provided to under-insured or uninsured Consumers
 below 200 percent of the federal poverty level which generate a billable code shall not be
 submitted to BH-ASO, rather such claims should be submitted to the Iowa HHS via the Safety Net
 Management Information System.
 3.2 Payment for Services. BH-ASO shall pay Provider for Services in accordance with the payment
 schedule set forth in Attachment B. All payments from the BH-ASO are contingent upon
 appropriation from the Iowa Legislature and funding to the BH-ASO from Iowa HHS. Provider shall
 not hold the BH-ASO liable for non-payment due to the BH-ASO not receiving an appropriation
 from the Iowa Legislature or funding from Iowa HHS.
 3.3 Invoices for Services
 a. Provider will submit an electronic invoice to the BH-ASO by the tenth (10th) day of the
 month outlining the Services or Deliverables performed, unless otherwise agreed to in an
 attachment. BH-ASO will pay any undisputed invoices within sixty (60) days from receipt
 of invoice.
 b. Invoices must contain any required elements for each Service set out in the attachments.
 c. All invoices or claims must be submitted by the shorter of three (3) months after the last
 month in which that Service was last completed or thirty (30) days after the end of the




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 Iowa HHS fiscal year. Invoices submitted outside this timely filing requirement shall not
 be reimbursable.
 d. Upon request by BH-ASO, Provider will provide any records related to the invoice for
 review or audit by the BH-ASO or Iowa HHS.
 3.4 Consumer Hold Harmless. Provider agrees in no event, including, but not limited to, non-
 payment, insolvency, or breach of this Agreement by BH-ASO, will Provider bill, charge, collect a
 deposit from, seek remuneration or reimbursement from, or have any recourse against a
 Consumer or person acting on a Consumer’s behalf for Services provided pursuant to this
 Agreement, unless otherwise permitted by Law.
 3.5 Consumer Grievances. Provider shall not prohibit or induce a Consumer to not file a grievance for
 Services provided by Provider.

 SECTION 4 – TERM AND TERMINATION

 4.1 Term. This Agreement will commence on the Effective Date indicated by BH-ASO and will continue
 in effect for one (1) year and will renew for successive one (1) year terms unless terminated by
 either Party in accordance with this Agreement.
 4.2 Termination without Cause. This Agreement may be terminated without cause at any time by
 either Party by giving at least one hundred eighty (180) days prior written notice to the other
 Party.
 4.3 Termination with Cause. In the event of a breach of a material provision of this Agreement, the
 Party claiming the breach will give the other Party written notice of termination setting forth the
 facts underlying its claim that the other Party breached this Agreement. The Party receiving the
 notice of termination will have thirty (30) days from the date of receipt of such notice to remedy
 or cure the claimed breach to the satisfaction of the other Party. During this thirty (30) day period,
 the Parties agree to meet as reasonably necessary and to confer to resolve the claimed breach. If
 the Party receiving the notice of termination has not remedied or cured the breach within such
 thirty (30) day period, the Party who delivered the notice of termination has the right to
 immediately terminate this Agreement upon expiration of the thirty (30) day period.
 Notwithstanding the forgoing, the BH-ASO may immediately terminate this Agreement under this
 Agreement, without providing the Provider the opportunity to cure a material breach should the
 BH-ASO reasonably believe the material breach of this Agreement to be non-curable.
 4.4 Immediate Termination. Notwithstanding any other provision of this Agreement, this Agreement
 may immediately be terminated upon written notice to the other Party in the event any of the
 following occurs:
 a. Provider’s license or any other approval needed to provide Services is limited, suspended,
 or revoked by a governmental or accrediting agency, or an indictment is issued against
 Provider;
 b. Provider fails to maintain adequate levels of insurance;
 c. Provider has not or is unable to comply with credentialing, accreditation, or licensing
 requirements;
 d. Provider becomes insolvent or files a petition to declare bankruptcy or for reorganization
 under the bankruptcy laws of the United States, or a trustee in bankruptcy or receiver for
 Provider is appointed by appropriate authority;
 e. BH-ASO reasonably determines that Provider’s facility, equipment, or Personnel are
 insufficient to provide Services;




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 f. Provider is excluded/precluded from participation in a state or federal health care
 program;
 g. Provider is terminated as a provider by a state or federal health care program;
 h. Provider engages in fraud, waste, or abuse or permits fraud, waste, or abuse by another
 in connection with the Provider’s obligations under this Agreement;
 i. BH-ASO reasonably determines that Services are not being properly provided or arranged
 for by Provider and such failure poses a threat to Consumer’s health and safety;
 j. Provider violates any Law;
 k. Provider fails to satisfy the terms of a corrective action plan; or
 l. Termination is required by Iowa HHS or another governmental agency.

 SECTION 5 – GENERAL CONDITIONS

 5.1 Indemnification. Provider will indemnify and hold harmless the BH-ASO and its officers, directors,
 shareholders, employees, agents, and representatives, and the Iowa HHS, from any and all
 liabilities, losses, damages, claims, and expenses of any kind, including costs and attorneys’ fees,
 which result from a breach of the duties and obligations of the Provider or its officers, directors,
 shareholders, employees, agents, and representatives under this Agreement (a “Loss”). BH-ASO
 agrees to give the Provider prompt written notice of any claim made against the BH-ASO. To the
 extent that BH-ASO incurs a Loss as a result of the action of a government agency imposing a
 penalty or recoupment against BH-ASO, BH-ASO may recoup the amount of such Loss from the
 Provider or may set off the amount of the Loss against any reimbursement due Provider. This
 section will survive the termination of this Agreement.
 5.2 Relationship of the Parties. Nothing contained in this Agreement is intended to create, nor will it
 be construed to create, any relationship between the Parties other than that of independent
 parties contracting with each other solely for effectuating this Agreement. This Agreement is not
 intended to create a relationship of agency, representation, joint venture, or employment
 between the Parties. Nothing herein contained will prevent the Parties from entering into similar
 arrangements with other parties. Each Party will maintain separate and independent
 management and will be responsible for its own operations. Nothing contained in this Agreement
 is intended to create, nor will it be construed to create, any right in any third-party to enforce this
 Agreement.
 5.3 Governing Law. The laws of the State of Iowa will govern this Agreement to the extent such laws
 are not preempted by federal laws.
 5.4 Entire Agreement. This Agreement, including attachments, exhibits, amendments and
 incorporated documents or materials, contains the entire agreement between the Parties relating
 to the rights granted and obligations imposed by this Agreement. Any prior agreements, promises,
 negotiations, or representations, either oral or written, between the Parties and relating to the
 subject matter of this Agreement, are of no force or effect.
 5.5 Severability. If a term, provision, covenant, or condition of this Agreement is held by a court of
 competent jurisdiction or any governmental agency with oversight authority for this Agreement
 to be invalid, void, or unenforceable, the remaining provisions will remain in full force and effect
 and will in no way be affected, impaired, or invalidated because of such decision.
 5.6 Headings and Construction. The headings in this Agreement are for reference purposes only and
 are not considered a part of this Agreement in construing or interpreting its provisions. It is the
 Parties’ desire that if a provision of this Agreement is determined to be ambiguous, then the rule




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 of construction that such provision is construed against its drafter will not apply to the
 interpretation of the ambiguous provision. The following rules of construction apply to this
 Agreement: (i) the word “day” means calendar day unless otherwise specified; (ii) the term
 “business day” means Monday through Friday, except federal holidays; (iii) all words used in this
 Agreement will be construed to be of such gender or number as circumstances require; (iv)
 references to specific statutes, regulations, rules or forms, include subsequent amendments or
 successors to them; and (v) references to any government department or agency include any
 successor departments or agencies.
 5.7 Non-exclusivity. This Agreement will not be construed to be an exclusive Agreement between the
 Parties.
 5.8 Amendments.
 a. Regulatory Amendments or Change to State ASO Contract. BH-ASO may immediately
 amend this Agreement to maintain consistency or compliance with applicable policy,
 directive, Law, or the State ASO Contract at any time and without Provider’s consent. Such
 amendment will be binding upon Provider.
 b. Non-Regulatory Amendments. Notwithstanding the Regulatory Amendments section,
 BH-ASO may otherwise amend this Agreement upon thirty (30) days prior written notice
 to Provider. If Provider does not deliver a written disapproval to such amendment within
 the thirty (30) day period, the amendment will be deemed accepted by and binding upon
 Provider.
 5.9 Delegation or Subcontract. Provider will submit to BH-ASO a list identifying Provider’s
 Subcontractors with a description of the services each Subcontractor provides as it relates to the
 performance of this Agreement. Provider will promptly submit updates to the list to BH-ASO.
 Provider will ensure each Subcontractor complies with the applicable terms of this Agreement.
 Provider’s contract with a Subcontractor will be in writing and will bind the Subcontractor to the
 applicable terms required for compliance with this Agreement. BH-ASO has the right to request
 Provider eliminate the use of a Subcontractor that does not meet the applicable terms of the
 Agreement and Provider will take reasonable action to comply with the request.
 5.10 Assignment. Provider may not assign or transfer, in whole or in part, any rights, duties, or
 obligations under this Agreement without the mutual prior written consent of the BH-ASO.
 Subject to the foregoing, this Agreement is binding upon, and inures to the benefit of the Parties
 and respective successors in interest and assignees. Neither the acquisition of BH-ASO nor a
 change of its legal name shall be deemed an assignment.
 5.11 Provider Grievance or Payment Dispute.
 a. In the event of a grievance or payment dispute, Provider shall submit a written grievance
 to the BH-ASO at the notice address set forth herein, or through the process set out in
 the Policies and Procedures, within sixty (60) days of the occurrence of the event(s) giving
 rise to the grievance. The written grievance shall include at a minimum: description of the
 issue, relevant Agreement section(s), and supporting evidence.
 b. BH-ASO shall promptly investigate the grievance and shall respond in writing within forty-
 five (45) days, with the results of the investigation into the claim and any resolution or
 corrective action. This forty-five (45) day timeline may be tolled by BH-ASO to the extent
 additional information is required from Provider or another party. If the timeline is tolled
 following the request for additional information, the remainder of the timeline shall begin
 to run upon receipt of the additional information by the BH-ASO or at such time that
 Provider indicates that such information is not available.




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 c. If Provider continues to be dissatisfied with the outcome of the grievance or payment
 dispute following the investigation and response from BH-ASO, then Provider can appeal
 BH-ASO’s decision to the State.
 5.12 Notice.
 a. Delivery. All notices required or permitted by this Agreement will be in writing and delivered:
 (i) in person; (ii) by U.S. Postal Service (“USPS”) registered, certified, or express mail with
 postage prepaid; (iii) by overnight courier that guarantees next day delivery; (iv) by email.
 Notice is deemed given: (i) on the date of personal delivery; (ii) on the second business day after
 the postmark date for USPS registered, certified, or express mail with postage prepaid; (iii) on
 the date of delivery shown by overnight courier; or (iv) on the date of transmission for email.
 b. Addresses. The mailing address and email address, set forth under the Signature Page will be
 the Party’s information for delivery of notice. Each Party may change its information through
 written notice in compliance with this section without amending this Agreement. Notice will be
 sent to the attention of the Authorized Representative.
 5.13 Waiver. A failure or delay of the BH-ASO to exercise or enforce any provision of this Agreement
 will not be deemed a waiver of any right of the BH-ASO. Any waiver must be specific, in writing,
 and executed by the Parties.
 5.14 Execution in Counterparts and Duplicates. This Agreement may be executed in counterparts,
 each of which will be deemed an original, but all of which together will constitute one and the
 same instrument. The Parties agree facsimile signatures, pdf signatures, photocopied signatures,
 electronic signatures, or signatures scanned and sent via email will have the same effect as
 original signatures.
 5.15 Force Majeure. Neither Party will be liable or deemed to be in default for any delay or failure to
 perform any duty under this Agreement resulting directly or indirectly, from acts of God, civil or
 military authority, acts of a public enemy, war, accident, fire, explosion, earthquake, flood,
 strikes by either Party’s employees, or any other similar cause beyond the reasonable control of
 such Party if it is determined that: (i) the Party used the efforts a reasonable person would during
 the force majeure event to perform its duties under this Agreement; and (ii) the Party’s inability
 to perform its duties during the force majeure event is not due to its failure to take measures to
 protect itself against the force majeure event.
 5.16 Confidentiality. Any information disclosed by either Party in fulfillment of its duties under this
 Agreement will be kept confidential. Provider will not disclose or release information to a third-
 party without the written consent of BH-ASO. However, each Party may share information with
 its subsidiaries and affiliates and its respective Personnel and designees as necessary to fulfill the
 terms of this Agreement. Nothing in the Agreement will preclude either Party from disclosing
 information as required for compliance with a Law or as required to comply with a governmental
 authority request provided that the information is only disclosed in a manner and to the extent
 required for compliance and in accordance with applicable Law. Provider will either return
 confidential information or destroy confidential information and provide confirmation of the
 destruction to BH-ASO upon request if the Agreement terminates. This section will survive any
 termination.
 5.17 Expenses. Unless otherwise specifically stated in the Agreement, all costs and expenses incurred
 in connection with this Agreement will be paid by the Party incurring the cost or expense.
 5.18 Offshore Resources. Neither Provider nor its Subcontractors will perform any work, or store any
 data, related to the administration of the Agreement outside the United States of America.




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 ATTACHMENT A
 SERVICES AND REQUIREMENTS
 Provider agrees to provide the following Services or Deliverables, for the locations (if applicable) and
 fees in Attachment B, and adhere to the following requirements and Laws for those services. Additional
 services may be listed with a fee in Attachment B.

 Co-Responder
 1. Crisis Intervention Officer: Provider shall provide one full time Crisis Intervention Officer (CIO)
 which shall perform the following duties:
 a. Maintain a professional working relationship with the mental health professional
 assigned.
 b. Be the direct liaison between the mental health community and Provider.
 c. Respond to mental health related calls for the Provider’s designated area.
 d. Complete mental health follow-ups with identified consumers or referrals from patrol.
 e. Complete assessments of individuals in a mental health crisis to determine if involuntary
 hospitalization is required.
 f. Provide transportation to locally identified resources best suited for the Consumer
 requesting/requiring hospitalization.
 g. Develop a resource guide linking all community stakeholders for their District or service
 area.
 h. Coordinate with local mental health agencies for continuity of care.
 i. Attend meetings with local facilities, hospitals, courtroom work groups, and other key
 stakeholders, as required.
 j. Maintain, or cause Provider to maintain, data pertinent to the services required by the
 CIO. This includes, but is not limited to, number of Consumers responded to.
 k. Attend roll calls, monthly or as needed, to educate patrol officer and supervisors about
 the program.
 l. Work closely with the BH-ASO to improve implementation of the co-responder program.
 m. Participate in any applicable training offered or required by the BH-ASO.
 n. Other duties or responsibilities as assigned or required by Law.

 2. Requirements
 a. CIO must be a certified and sworn law enforcement officer under the authority and
 employment of the Provider.
 b. Provider’s Chief of Police, or designee, shall select the employee to be the CIO.
 c. Provider shall supervise the CIO.
 d. Provider shall supply the following to the CIO:
 i. Unmarked police motor vehicle




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 ii. Office space (including, but not limited to, a desk)
 iii. All standard issue police equipment
 e. Provider shall pay the salary/wages, unemployment benefits, taxes, FICA, and any other
 compensation and benefits associated with CIO.
 f. Provider shall maintain workers compensation insurance.

 3. Mental Health Professional
 a. An individual from Vera French will be assigned as a Mental Health Professional (MHP)
 as a resource available to respond and provide assistance upon dispatch or request of
 Provider.
 b. CIO and MHP agree to share any relevant and appropriate data and information
 necessary to respond to the deliverables in Section 1 of this Attachment.
 c. CIO will keep any information shared by MHP confidential unless otherwise required by
 Law to disclose the information.

 4. Funding in Future Agreement Year
 a. Provider and BH-ASO agree to reduce funding in future years, beginning no later than
 2027, to increase Provider, or other funder, share and decrease BH-ASO share. This will
 be done in an effort to increase local buy-in and sustainability of the program.
 b. The BH-ASO portion of funding the program will be stepped down annually, starting no
 later than 2027, by the following:
 i. Step Down Year One: BH-ASO will fund 75% of cost of CIO.
 ii. Step Down Year Two: BH-ASO will fund 50% of cost of CIO.
 iii. Step Down Year Three: BH-ASO will fund 25% of cost of CIO.
 iv. Step Down Year Four and ongoing: BH-ASO will fund 25% of cost of CIO.

 5. Additionally, Provider agrees to the following:
 a. Amendments. Provider and BH-ASO agree that additional or revised requirements to
 the Services and Deliverables may not be available until after July 1, 2025. Provider and
 BH-ASO agree that additional amendments or revisions may be required during the first
 year of this Agreement and will not be implemented with less than sixty (60) days
 notice, unless otherwise required by Law.
 b. Workstream Identification. When applicable, Provider will be required to identify the
 priority areas for each Service and funding streams as appliable and work with BH-ASO
 to develop a budget for those priority areas and or Service Areas.
 c. Attestations. If applicable, Provider will receive attestation forms for certain Services
 Provider agrees to promptly sign and return these forms or Provider may not be eligible
 for funding.
 d. Guidance. Provider will comply with all Service specific Guidance provided by Iowa HHS.




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 e. State General Provisions. Additional provisions from the State of Iowa and Iowa HHS
 will be available in the BH-ASO Policies and Procedures.




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 Additionally, Provider agrees to the following

 1. Amendments. Provider and BH-ASO agree that additional or revised requirements to the Services
 and Deliverables may not be available until after July 1, 2025. Provider and BH-ASO agree that
 additional amendments or revisions may be required during the first year of this Agreement and will
 not be implemented with less than sixty (60) days notice, unless otherwise required by Law.
 2. Workstream Identification. When applicable, Provider will be required to identify the priority areas
 for each Service and funding streams as appliable and work with BH-ASO to develop a budget for
 those priority areas and or Service Areas.
 3. Attestations. If applicable, Provider will receive attestation forms for certain Services Provider
 agrees to promptly sign and return these forms or Provider may not be eligible for funding.
 4. Guidance. Provider will comply with all Service specific Guidance provided by Iowa HHS.
 5. State General Provisions. Additional provisions from the State of Iowa and Iowa HHS will be
 available in the BH-ASO Policies and Procedures.




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 ATTACHMENT B
 FEE SCHEDULE
 Co-Responder Rate Sheet:

 Cost Amount Area
 Salary and Benefits 100,000.00


 These funds shall not be used for the purchase of a vehicle or weapons.



 Unless otherwise noted in Attachment B, Provider will continue providing services at the current service
 level in the current areas which the Provider was contracted to provide services during state FY 2025.

 The BH-ASO reserves the right to engage with the Provider in a process of retrospective settlement
 based on funds paid for by the SN-MIS, Iowa Medicaid, or other third parties to offset access and
 sustainability funds, if appliable.




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 ATTACHMENT C
 DATA AND REPORTING
 Provider and BH-ASO agree to meet between July 1, 2025 and March 1, 2026 to fully establish required
 data and reporting, including but not limited to evidence-based outcomes, and required format for
 submission. No less than sixty (60) days notice will be given for the data and reporting requirements,
 unless the requirement has a shorter implementation date as required by Law.




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 ATTACHMENT D
 BUSINESS ASSOCIATE ADDENDUM
 To the extent that BH-ASO provides services to Provider such that BH-ASO becomes a “business associate”
 to provider as that term is defined by HIPAA and the HITECH Act, Provider (the “Covered Entity”), and BH-
 ASO (the “Business Associate”) are bound as follows:


 RECITALS
 A. Covered Entity is a health care provider of behavioral health services subject to the Health Insurance
 Portability and Accountability Act (“HIPAA”).
 B. Business Associate provides certain services for or on behalf of the Covered Entity pursuant to that
 certain agreement titled Behavioral Health Services Agreement and effective as of the date set out
 above (the “Services Agreement”; provided, however, if the title and effective date of the Services
 Agreement are left blank herein, this Agreement shall be deemed to apply to any and all agreements
 entered into prior to, on or after the Effective Date (as defined herein) of this Agreement, by and
 between Covered Entity and Business Associate).
 C. Covered Entity is required by HIPAA to obtain satisfactory assurances that Business Associate will
 appropriately safeguard all Protected Health Information and Electronic Protected Health Information
 disclosed by, or created, received, maintained or transmitted by Business Associate on behalf of,
 Covered Entity.
 NOW, THEREFORE, in consideration of entering into the Services Agreement and the mutual promises and
 agreements below and in order to comply with all legal requirements, the parties agree as follows:
 I. DEFINITIONS
 1.1 “Business Associate" shall generally have the same meaning as the term "Business Associate" at
 45 CFR 160.103, and in reference to the party to this Agreement, shall mean the party identified
 above as Business Associate, provided that such party shall only become a Business Associate
 until and if it meets the definition of Business Associate under the HIPAA Rules.
 1.2 "Covered Entity" shall generally have the same meaning as the term "Covered Entity" at 45 CFR
 160.103, and in reference to the party to this Agreement, shall mean the party identified above
 as Covered Entity.
 1.3 “Document Demand” has the meaning set forth in Section 3.12.
 1.4 “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at
 45 CFR Part 160 and Part 164. A reference in this Agreement to a section in the HIPAA Rules
 means the section as in effect or as amended at the time the section is to be applied.
 1.5 Remaining Terms. Capitalized terms used, but not otherwise defined, in this Agreement have
 the meaning ascribed to them in the HIPAA Rules, including but not limited to: Breach, Data
 Aggregation, Designated Record Set, Disclose or Disclosure, Electronic Protected Health
 Information, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy




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 Practices, Protected Health Information or PHI, Required By Law, Secretary, Security Incident,
 Subcontractor, Unsecured Protected Health Information, and Use.
 II. PERMITTED USES AND DISCLOSURES OF PHI
 2.1 Services Agreement Uses and Disclosures. Business Associate may use or disclose PHI for
 purposes of performing its obligations and functions under the Services Agreement, provided
 that such use or disclosure would not violate the Privacy Rule if done by Covered Entity.
 2.2 Other Permitted Uses. If necessary, Business Associate may use PHI: (i) for the proper
 management and administration of the Business Associate; (ii) to carry out the legal
 responsibilities of the Business Associate; and (iii) for the provision of Data Aggregation services
 relating to the Health Care Operations of Covered Entity.
 2.3 Other Permitted Disclosures. If necessary, Business Associate may disclose PHI for the purposes
 described in Section 2.2 above if: (i) the disclosure is Required by Law; or (ii) Business Associate
 obtains reasonable written assurance from the person or entity to whom it discloses the PHI that
 the PHI will remain confidential and will be used or further disclosed only as Required by Law or
 for the purpose for which it was disclosed to the person or entity, and the person or entity
 notifies Business Associate of any instances of which it is aware in which the confidentiality of
 the PHI has been breached.
 III. OBLIGATIONS OF BUSINESS ASSOCIATE
 3.1 Compliance with HIPAA Rules. Business Associate shall comply with all applicable provisions of
 HIPAA Rules in carrying out its obligations under the Services Agreement and this Agreement.
 Further, to the extent Business Associate is to carry out any of Covered Entity’s obligations,
 Business Associate agrees to comply with the requirements of such subpart that apply to Covered
 Entity in the performance of such obligations.
 3.2 Prohibition on Unauthorized Use or Disclosure. Business Associate shall not use or disclose PHI
 except as permitted by this Agreement or as Required by Law.
 3.3 Minimum Necessary
 (a) Business Associate shall limit its use and disclosure of PHI under this Agreement to the
 Minimum Necessary to accomplish the Business Associate’s intended purpose. Business
 Associate may in good faith determine what constitutes the Minimum Necessary to
 accomplish the intended purpose of any disclosure of PHI.
 (b) Paragraph (a) above does not apply to: (1) disclosures to or requests by a health care provider
 for treatment; (2) uses or disclosures made to the Individual; (3) disclosures made pursuant
 to an authorization as set forth in 45 C.F.R. § 164.508; (4) disclosures made to the Secretary
 under 45 C.F.R. part 160, subpart C; (5) uses or disclosures that are Required by Law as
 described in 45 C.F.R. § 164.512(a); and (6) uses or disclosures that are required for
 compliance with applicable requirements of HIPAA Rules.




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 3.4 Safeguarding PHI; Security Regulations. Business Associate shall use appropriate administrative,
 physical, and technical safeguards and comply with HIPAA Rules with respect to Electronic PHI to
 prevent the use or disclosure of PHI other than as provided for by this Agreement.
 3.5 Mitigation. Business Associate shall mitigate, to the extent practicable, any harmful effect that is
 known to Business Associate of a Security Incident or a use or disclosure of PHI by Business
 Associate in violation of this Agreement.
 3.6 Reporting. In the event that Business Associate becomes aware of a use or disclosure of PHI by
 Business Associate that is not permitted under this Agreement, Business Associate shall report
 such use or disclosure to the Covered Entity promptly in writing and in any event, within forty-
 five (45) days of becoming aware of the use or disclosure. Business Associate agrees to report to
 Covered Entity in writing any Security Incident of which it becomes aware, except that, for
 purposes of this reporting requirement, the term Security Incident does not include
 inconsequential incidents that occur on a frequent basis such as scans or “pings” that are not
 allowed past Business Associate’s firewall. Notwithstanding this Section 3.6, the Business
 Associate’s reporting obligations regarding any Breach are set forth in Article IV.
 3.7 Subcontractors. Business Associate shall ensure that all subcontractors or agents of Business
 Associate that create, receive, maintain or transmit PHI on behalf of the Business Associate agree
 in writing to the same restrictions and conditions that apply through this Agreement to Business
 Associate with respect to such information. Business Associate shall ensure that all agents,
 including subcontractors, to whom it provides Electronic PHI, agree in writing to implement
 reasonable and appropriate safeguards to protect such Electronic PHI.
 3.8 Access.
 (a) Within forty-five (45) days of a request from Covered Entity, Business Associate shall furnish
 the PHI contained in a Designated Record Set that will enable the Covered Entity to respond
 to an Individual’s request for inspection or copies of PHI about the Individual pursuant to 45
 CFR § 164.524.
 (b) In the event an Individual requests access to PHI directly from Business Associate, Business
 Associate shall forward such request to the Covered Entity immediately and take no direct
 immediate action on any such request. If Covered Entity determines that an Individual is to
 be granted access to PHI, then Business Associate shall cooperate with Covered Entity to
 provide to any Individual, at the Covered Entity’s direction, any PHI requested by such
 Individual.
 3.9 Amendment.
 (a) If the Covered Entity requests that Business Associate amend any Individual’s PHI or a record
 regarding an Individual contained in a Designated Record Set, then Business Associate shall
 provide the relevant PHI to the Covered Entity for amendment and incorporate any such
 amendments in the PHI as required by 45 C.F.R. §164.526.
 (b) In the event an Individual requests directly to Business Associate that PHI be amended,
 Business Associate shall forward such request to the Covered Entity within forty-five (45) days




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 of Business Associate’s receipt of such request and shall take no direct immediate action on
 the request.
 3.10 Records Availability. Business Associate shall make its internal practices, books and records
 relating to the use and disclosure of PHI available to the Secretary for purposes of determining
 compliance with HIPAA Rules.
 3.11 Accounting of Disclosures.
 (a) If the Covered Entity requests that Business Associate furnish an accounting of disclosures of
 PHI made by Business Associate regarding an Individual during the six (6) years prior to the
 date on which the accounting was requested, then Business Associate shall, within forty-five
 (45) days of such request, make available to the Covered Entity such information as is in
 Business Associate’s possession and is required for the Covered Entity to make the accounting
 required by 45 C.F.R. §164.528 and future regulations to be promulgated regarding
 accounting of disclosures.
 (b) In the event an Individual requests an accounting of disclosures directly from Business
 Associate, Business Associate shall within forty-five (45) days forward such request to the
 Covered Entity and shall take no direct action on the request.
 3.12 Demands for Production of PHI.
 (a) Receipt by Business Associate. If Business Associate receives a subpoena, civil or
 administrative demand, or any other demand for production of PHI (a “Document Demand”),
 Business Associate shall provide a copy of such Document Demand to Covered Entity
 immediately, and in no event later than forty-five (45) days of Business Associate’s receipt.
 To the extent the PHI that is the subject of the Document Demand is in the possession of
 Business Associate, and a response is warranted according to the standards contained in 45
 C.F.R. § 164.512(e), Business Associate shall timely respond to the Document Demand.
 (b) Receipt by Covered Entity. If Covered Entity receives a Document Demand, Business
 Associate shall provide to Covered Entity any PHI responsive to such Document Demand and
 assist and cooperate with Covered Entity in responding to such Document Demand in a timely
 manner and in accordance with the standards under 45 C.F.R. § 164.512(e).
 3.13 Request for Restrictions on Disclosure of PHI. As required by the HIPAA Rules (except as
 otherwise required by law), Business Associate shall comply with any request of an Individual for
 the Business Associate to restrict the disclosure of PHI of the Individual when the disclosure is to
 a health plan for purposes of carrying out payment or health care operations (and is not for
 purposes of carrying out treatment), and the PHI pertains solely to a health care item or service
 for which the health care provider involved has been paid out of pocket in full.
 3.14 Remuneration for PHI. Except as explicitly permitted in the Services Agreement or as permitted
 under the HIPAA Rules, Business Associate shall not directly or indirectly receive remuneration
 in exchange for any PHI of an Individual unless the Individual provided to the Covered Entity a
 valid authorization in accordance with 45 C.F.R. § 164.508 that specifically authorizes the
 Business Associate to exchange the PHI for remuneration.




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 3.15 Marketing Restrictions. Business associate shall ensure that any Marketing communications it
 makes on behalf of Covered Entity are in compliance with the rules governing marketing set forth
 in 45 C.F.R. 164.508(a)(3), including but not limited to the requirements that Business Associate
 must obtain an authorization from an Individual prior to making any marketing communication
 to such Individual.
 3.16 Fundraising Limitations. Business Associate shall ensure that any fundraising communications
 Business Associate makes on behalf of the Covered Entity are in compliance with the rules
 governing fundraising communications set forth in 45 C.F.R. 164.514(f), including but not limited
 to the requirement that Business Associate must provide, with each fundraising communication
 made to an Individual, a clear and conspicuous opportunity for the recipient of the
 communication to elect not to receive any further fundraising communications. Business
 Associate shall ensure that all Individuals electing not to receive any further fundraising
 communications do not receive any further fundraising communications.
 IV. BREACH NOTIFICATION.
 4.1 Risk Assessment by Business Associate. If Business Associate becomes aware of a potential
 Breach, Business Associate shall complete a risk assessment of the potential Breach. Such risk
 assessment shall include at least all the factors identified in 45 CFR 164.402(2).
 4.2 Notification to Covered Entity. If, after completing such risk assessment, Business Associate
 concludes that there was a Breach, Business Associate shall notify the Covered Entity of the
 Breach as soon as reasonably possible, and in all cases within forty-five (45) days of the first day
 on which any employee, officer or agent of Business Associate either knows or by exercising
 reasonable diligence would have known that a Breach occurred. The notification to Covered Entity
 shall include, if known, the identification of each Individual whose Unsecured PHI has been, or is
 reasonably believed by Business Associate to have been, accessed, acquired, used or disclosed
 during such Breach. The notification shall also include: (a) a brief description of what happened,
 including the date of the Breach and the date of the discovery of the Breach, if known; (b) a
 description of the types of Unsecured PHI that were involved in the Breach (such as whether the
 full name, social security number, date of birth, home address, account number, diagnosis
 disability code or other types of information were involved); (c) recommended steps that
 Individuals should take to protect themselves from potential harm resulting from the Breach; and
 (d) a brief description of what the Business Associate is doing to investigate the Breach, to mitigate
 harm to Individuals, and to protect against any further Breaches. Business Associate shall
 maintain evidence to demonstrate that any required risk assessment was completed and
 notification to the Covered Entity under this paragraph was made unless the Business Associate
 determines that a delayed notice (as described in Section 4.3) applies.
 4.3 Delayed Notification to Covered Entity. Notwithstanding Section 4.2 above, if a law enforcement
 official states in writing to Business Associate that the notification to Covered Entity required
 under Section 4.2 would impede a criminal investigation or cause damage to national security,
 then Business Associate may delay the notification for any period of time set forth in the written
 statement of the law enforcement official. If the law enforcement official provides an oral
 statement, then Business Associate shall document the statement in writing, including the name




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 of the law enforcement official making the statement, and may delay the notification required
 under Section 4.2 for no longer than forty-five (45) days from the date of the oral statement,
 unless the law enforcement official provides a written statement during that time that specifies a
 different time period. Business Associate shall be obligated to maintain evidence to demonstrate
 the reason for the delayed notification and that the required notification under this paragraph
 was made.
 4.4 Notification to Individuals, the Secretary and/or the Media. In the event of a Breach caused by
 Business Associate, its agents and/or subcontractors, Business Associate shall provide assistance
 to Covered Entity in making all Breach notifications. To the extent Covered Entity incurs expenses
 and costs to comply with its notification obligations with respect to a Breach by Business
 Associate, its agents and/or subcontractors, in addition to any other remedies that may be
 available to Covered Entity under this Agreement or any applicable law, Business Associate shall
 reimburse Covered Entity for all costs and expenses (including reasonable attorneys’ fees)
 incurred by Covered Entity related to providing the notifications required under 45 C.F.R. §§
 164.404, 406 and 408. Additionally, in the event of a Breach, Business Associate agrees to pay for
 the credit monitoring fees for affected individuals for a period of at least two (2) years of credit
 monitoring.
 V. TERM AND TERMINATION
 5.1 Term. This Agreement is effective upon the effective date of the Services Agreement, and except
 for the rights and obligations set forth in this Agreement specifically surviving termination, shall
 terminate the later of the date the Services Agreement terminates or when all PHI is returned to
 Covered Entity or, with prior permission of Covered Entity, destroyed.
 5.2 Termination for Cause. Notwithstanding any provision in this Agreement, Covered Entity may
 terminate this Agreement and the Services Agreement if Covered Entity determines, in its sole
 discretion, Business Associate has breached any provision of this Agreement or otherwise violated
 HIPAA Rules. Covered Entity shall provide written notice to Business Associate with an
 opportunity for Business Associate to cure the breach or end the violation within forty-five (45)
 days of such written notice, unless cure is not possible. If Business Associate fails to cure the
 breach, end the violation within the specified time period or cure is not possible, this Agreement
 and the Service Agreement shall automatically and immediately terminate, unless termination is
 infeasible. Business Associate acknowledges that if cure is not possible and termination of the
 Services Agreement and this Agreement is infeasible, as determined in the sole discretion of the
 Covered Entity, Covered Entity may report the violation to the Secretary.
 5.3 Termination after Repeated Violations. Notwithstanding any provision in the Agreement,
 Covered Entity may terminate the Services Agreement and this Agreement if Covered Entity
 determines, in its sole discretion, that Business Associate has repeatedly breached any provision
 of this Agreement or otherwise violated HIPAA Rules, irrespective of whether, or how promptly,
 Business Associate may remedy such violation after being notified of the same.
 5.4 Obligations Upon Termination. Business Associate’s obligations to protect the privacy and
 security of PHI shall be continuous and shall survive termination, cancellation, expiration or other




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 conclusion of this Agreement or the Services Agreement. Upon termination of this Agreement,
 Business Associate will forward to Covered Entity, or to Covered Entity’s designee, the records
 necessary for continued administration of Covered Entity as directed by Covered Entity. After the
 forwarding of said records, whatever PHI remains with Business Associate will be subject to the
 following:
 (a) Except as provided in paragraph (b) of this Section 5.4, upon termination, cancellation,
 expiration or other conclusion of this Agreement, for any reason, Business Associate shall
 return or, if Covered Entity gives written permission, destroy, PHI in whatever form or
 medium and retain no copies of such PHI. Business Associate will complete such return or
 destruction as soon as possible, but in no event later than sixty (60) days from the date of the
 termination of this Agreement. Within forty-five (45) days of the return or destruction of all
 PHI by Business Associate, Business Associate shall provide written certification to Covered
 Entity that the return or destruction of PHI has been completed.
 (b) In the event that Business Associate determines that returning or destroying the PHI is
 infeasible, Business Associate shall provide to Covered Entity notification of the conditions
 that make return or destruction infeasible. Upon mutual agreement of the parties that return
 or destruction of PHI is infeasible, Business Associate shall extend the protections of this
 Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes
 that make the return or destruction infeasible, for so long as Business Associate maintains
 such PHI.
 VI. INDEMNIFICATION; INSURANCE
 6.1 Indemnification by Business Associate. Business Associate will indemnify and hold harmless
 Covered Entity, and any affiliate, officer, director, employee or agent of Covered Entity from and
 against any claim, cause of action, liability, damage, cost or expense, including attorneys’ fees and
 court or proceeding costs, arising out of or in connection with any use or disclosure of PHI that
 violates or is not permitted by this Agreement, HIPAA Rules, or other breach of this Agreement
 by Business Associate or any subcontractor or agent of Business Associate.
 6.2 Right to Tender or Undertake Defense. If Covered Entity is named as a party in any judicial,
 administrative or other proceeding arising out of or in connection with any non-permitted or
 violating use or disclosure of PHI or other breach of this Agreement by Business Associate or any
 subcontractor or agent of Business Associate, Covered Entity shall have the option at any time
 either to: (i) tender its defense to Business Associate, in which case Business Associate will
 provide qualified attorneys, consultants, and other appropriate professionals to represent
 Covered Entity’s interests at Business Associate’s expense; or (ii) undertake its own defense,
 choosing the attorneys, consultants, and other appropriate professionals to represent its
 interests, in which case Business Associate will be responsible for and pay the reasonable fees and
 expenses of such attorneys, consultants, and other professionals.
 6.3 Right to Control Resolution. Covered Entity has the sole right and discretion to settle,
 compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages
 against it, notwithstanding that Covered Entity may have tendered its defense to Business




 500 SW 7th Street, Suite 300 | Des Moines, IA 50309 | 515-244-9610 | iowapca.org
Docusign Envelope ID: 6D5E2FE9-7FAA-40A3-9A05-AEC8739990F4




 Associate. Any such resolution will not relieve Business Associate of its obligation to indemnify
 Covered Entity under this Agreement.
 6.4 Insurance. Upon request, Business Associate shall obtain and maintain insurance coverage
 against improper uses and disclosures of PHI by Business Associate, naming Covered Entity as an
 additional named insured. Upon request, Business Associate shall provide a certificate evidencing
 such insurance coverage.
 6.5 Conflicts. With respect to any breaches or violations of this Agreement, the provisions in this
 Section 6 supersede any inconsistent terms contained in the Services Agreement.
 VII. GENERAL PROVISIONS
 7.1 Effect. The terms and provisions of this Agreement supersede any other conflicting or
 inconsistent terms and provisions in any agreements between the parties, including all exhibits or
 other attachments thereto and all documents incorporated therein by reference.
 7.2 Amendment. Business Associate and the Covered Entity agree to amend this Agreement to the
 extent necessary to allow either party to comply with HIPAA Rules. All such amendments shall be
 made in a writing signed by both parties.
 7.3 No Third Party Beneficiaries. This Agreement is intended for the benefit of Business Associate
 and Covered Entity only. Nothing express or implied is intended to confer or create, nor be
 interpreted to confer or create, any rights, remedies, obligations or liabilities to or for any
 third-party beneficiary, including without limitation Individuals who are the subject of PHI.
 7.4 Severability. In the event that any provision of this Agreement violates any applicable statute,
 ordinance, or rule of law in any jurisdiction that governs this Agreement, such provision shall be
 ineffective to the extent of such violation without invalidating any other provision of this
 Agreement.
 7.5 No Waiver. No provision of this Agreement may be waived except by an agreement in writing
 signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver
 of any other term or provision.
 7.6 Assignment. This Agreement may not be assigned by either party without the prior written
 consent of the other party; provided, however, that the parties shall cooperate to assign this
 Agreement as appropriate if the Services Agreement is assigned.
 7.7 Relationship of the Parties. Business Associate and Covered Entity are independent contractors
 and all acts performed by Business Associate are performed solely in its capacity as an
 independent contractor.
 7.8 Counterparts; Facsimile Signature. This Agreement may be executed by facsimile and/or in
 counterparts, each of which shall be an original and all of which together shall constitute one and
 the same binding instrument.
 7.9 Notification
 (a) Notice to Business Associate and Covered Entity shall be the same as in the Agreement.




 500 SW 7th Street, Suite 300 | Des Moines, IA 50309 | 515-244-9610 | iowapca.org
Docusign Envelope ID: 6D5E2FE9-7FAA-40A3-9A05-AEC8739990F4




 7.10 Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that
 permits Covered Entity to comply with HIPAA Rules.




 500 SW 7th Street, Suite 300 | Des Moines, IA 50309 | 515-244-9610 | iowapca.org
Docusign Envelope ID: 6D5E2FE9-7FAA-40A3-9A05-AEC8739990F4




 500 SW 7th Street, Suite 300 | Des Moines, IA 50309 | 515-244-9610 | iowapca.org
Docusign Envelope ID: 6D5E2FE9-7FAA-40A3-9A05-AEC8739990F4




 Electronic Funds Transfer (EFT) Vendor Payment Authorization Form

 Iowa Primary Care Association, INConcertCare, Inc. or IowaHealth+ oﬀers the option of receiving payments via EFT to our vendors. Payments will be electronically deposited
 into your company's designated bank account below through EFT. An EFT payment remittance advice will be delivered via the email address speciﬁed on the form below. EFT
 terms are NET 30, but the contractual terms can override this. The form is to be completed by the vendor and must contain the signature of a company authorized individual.



 Vendor Information
 City of Davenport
 Vendor Name
 Gil Proehl
 Contact Name
 Contact Title Police Captain
 Email for EFT remittance (required) Gil.Proehl@davenportiowa.com

 Financial Institution Information
 Bank Name Quad City Bank & Trust
 Nine-Digit EFT Routing Transit Number 073902232
 Account Number 8523870
 Account Type Checking
 Authorization
 I hereby authorize Iowa Primary Care Association, INConcertCare, Inc. or IowaHealth+ to electronically credit the account above for payments (and, if
 necessary, electronically debit the account to correct erroneous credits). I understand that this authorization will remain in full force and eﬀect until Iowa
 Primary Care Association, INConcertCare, Inc. or IowaHealth+ receives written notiﬁcation of its termination. Notiﬁcation must be sent to
 ACNTPAY@IOWAPCA.ORG at least three (3) days in advance of the eﬀective date of termination.
 Gil Proehl
 Name
 Signature (required)
 Title
 Police Captain
 Date 6/18/2025 | 14:44 CDT


 SCAN FORM & SEND VIA SECURE EMAIL TO ACNTPAY@IOWAPCA.ORG (must include signature)
 City of Davenport

Department: Administration Action / Date
Contact Info: Hanna Whitehurst, Chief Bladel | 563-888-2163 12/3/2025

Subject:
Resolution approving a one-year Co-Responder Services Agreement, with one optional one-year
renewal, with Vera French Community Health Center in an amount not to exceed $200,000. [All
Wards]

Recommendation:
Adopt the Resolution.

Background:
 At the April 9, 2025, City Council meeting, the allocation of the American Rescue Plan Act
(ARPA) interest monies was approved (Council Action 2025-150), including $200,000 to Vera
French for the expansion of the Co-Responder Program.

 The City of Davenport has engaged its Police Department since February 2024 in co-responder
services with Vera French personnel. Co-Responder services include, but are not limited to,
responding to crisis calls from dispatch with Davenport Police Department, implementing
principles of Trauma Informed Care, conducting crisis assessment for each individual crisis,
providing direct evaluation, de-escalation, support, and education, attending appropriate
community events as requested and able, conducting safety planning, building relationships
with Police Departments and First Responders, and issuing referrals to appropriate level of care
in the community.

 This contract allows Vera French to provide an additional Co-Responder to partner with the
Davenport Police Department. This model will allow for at least one co-responder to work each
day of the week, excluding national holidays, and ensure peak hours (between 11:00 a.m. and
7:00 p.m.) are covered.

Attachments:
1. Resolution
2. Co-Responder Services Agreement
 Resolution No. _______________


Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving a one-year Co-Responder Services Agreement, with one optional one-year
renewal, with Vera French Community Health Center in an amount not to exceed $200,000.

WHEREAS, since February 2024, the City of Davenport, through its Police Department, has engaged
in co-responder services with Vera French Community Health Center; and

WHEREAS, the City seeks to contract with the Vera French for expanded co-responder services to
support individuals experiencing a psychiatric crisis within Davenport, Iowa; and

WHEREAS, both parties wish to continue their collaboration as co-responders to support the well-
being of the Davenport community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that a one-
year Co-Responder Services Agreement, with one optional one-year renewal, with Vera French
Community Health Center in an amount not to exceed $200,000 is hereby approved.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport
 And
 Vera French Community Mental Health Center
 Co-Responder Services Agreement

This Agreement (the “Agreement”), entered into upon the date both parties have signed and, is by
and between the City of Davenport (hereinafter referred to as the “City”) and Vera French
Community Mental Health Center (hereinafter referred to as “Provider”) and collectively referred
to as the Parties.

 RECITALS

 WHEREAS, the City of Davenport has engaged its Police Department since February 2024
in co-responder services with Provider personnel;

 WHEREAS, the Parties seek to continue working as co-responders for the benefit of
individuals in Davenport, Iowa;

 WHEREAS, the City is interested in contracting with the Provider to purchase expanded co-
responder services for the benefit of individuals experiencing a psychiatric crisis in Davenport,
Iowa.

 WHEREAS, Provider is licensed, certified and/or accredited under the laws of the State of
Iowa to provide mental health, substance use and habilitation services, and is interested in
contracting with the City to provide such expanded services for the benefit of individuals in
Davenport, Iowa.

 In consideration of the premises and promises contained herein, it is mutually agreed by and
between the City and Provider as follows:

 SECTION 1
 Definitions

Assignment: The act of transferring to another all or part of one’s property interest or rights.

Police Chief: Administrator of the City’s Police Department Management Plan as approved by the
Mayor and City Council of Davenport, Iowa.

Copayment: The amounts which may be charged to the individual at the time services are rendered.

Covered Services: Services enumerated in the City’s Police Department Management Plan as
approved by the Mayor and City Council.




 Page 1 of 11
Co-Responder Services: Includes but are not limited to, responding to crisis calls from dispatch with
Davenport Police Department, implementing principles of Trauma Informed Care, conducting crisis
assessment for each individual crisis, providing direct evaluation, de-escalation, support, and
education, attending appropriate community events as requested and able, conducting safety
planning, building relationships with Police Departments and First Responders, and issuing referrals
to appropriate level of care in the community.

HIPAA: Collectively, the Health Information Portability and Accountability Act of 1996, the Health
Information Technology for Economic and Clinical Health Act and all related regulations.

Individual Authorization of Release of Information: An individual authorization for release of
information is a standard form, signed by an individual, to allow disclosure of their personal health
information. The form must comply with the requirements of HIPAA and include the specific
personal health information to be disclosed, who is to receive the information, and when the
authorization expires. The individual may revoke the authorization at any time.

Protected Health Information: Individually identifiable health information that is transmitted by or
maintained in electronic media or transmitted by or maintained in any other form or medium.

The City’s Police Department Individual: A person who is eligible and authorized to receive co-
responder services as defined in the City’s Police Department Management Plan as approved by the
Mayor and City Council of Davenport, Iowa (hereinafter referred to as an “Individual” in this
Agreement).

City Management Plans: The City’s plans developed to specify an array of cost-effective
individualized services and supports for which the City will provide funding, including co-responder
services.



 SECTION 2
 Duties of Provider

Section 2.1 Licensing. The Provider shall obtain and maintain all licenses, permits, certifications, and
other authorizations required under applicable federal and state laws and regulations to perform
the services described in this Agreement.

Section 2.2 Provision of Covered Services. Provider shall provide co-responder services, to
individuals and families in need, who shall be identified by emergency dispatch. Such services shall
be rendered in compliance with applicable laws, and regulations. Provider shall provide covered
services in a manner which: (a) documents the services provided, in conformance with federal, state
and local laws and regulations, and (b) protects the confidentiality of the individual’s medical
records and Protected Health Information.




 Page 2 of 11
Section 2.3 Access to Records. Unless otherwise prohibited by applicable statutes or regulations,
Provider shall allow specified City police department personnel access to records of individuals
served under this contract for purposes of appeals, utilization review, grievance, claims payment
review, individual medical records review or financial audits, during the term of this contract and
seven (7) years following its termination. The Provider shall provide records or copies of records at
a cost of twenty-five cents ($.25) per page.

Section 2.4 Service Shifts. Provider shall provide services based on a schedule including four (4) days
of ten (10) hour shifts for co-responders. Provider agrees to have at least one co-responder working
each day of the week, excluding national holidays when services will be provided only by the City
and co-responder positions will be filled with appropriate City staff.

On days in which two co-responders are working, they will work offsetting shifts to provide as much
coverage as possible within peak call for service hours, unless such structure is not possible or
feasible for Provider. Peak call is considered between11:00 AM and 7:00 PM. On days in which one
co-responder is working, that co-responder will work a mid-shift in order to ensure that the peak
hours are covered while also providing equal co-responder coverage to both day shift and afternoon
shift patrol, unless such structure is not possible or feasible for Provider. The Parties acknowledge
that exact times of shifts may be modified or may fluctuate depending on the needs of the
department, changing analysis of calls for service or staffing needs of Provider.

The City’s Police Department will identify a Crisis Intervention Officer (“CIO”) and allow that officer
and other patrol officers to receive all required training, including, but not limited to, Crisis
Intervention Training related to co-responder work. Once a Crisis Intervention Officer is identified,
hours may fluctuate to accommodate placing a co-responder with a full-time CIO and the Parties
acknowledge this practice has been found to be the most effective and trauma-informed response.

The City Police Department further promises to provide all equipment necessary or required for co-
responders, including but not limited to, up-to-date concealable body armor, a police radio, and a
body-worn camera.

Section 2.5 Reporting. The Provider will deliver a monthly report to the City of Davenport’s
partnership contact by the 10th of the following month with the following information:
 ▪ Number of calls responded to face to face
 ▪ Number of successful de-escalations
 ▪ Outcome of crisis response (incarceration, emergency department, hospital admission,
 referral to outpatient services, etc.)
 ▪ Number of individuals who refused assistance
 ▪ Number of individuals who agreed to a follow up
 ▪ Number of handoffs to the Co-Occurring Care Coordinator




 Page 3 of 11
 SECTION 3
 Claims Submission and Payment

Section 3.1 Claims Submission. The City will reimburse the Provider for its actual expenses incurred
in providing the Services in an amount not to exceed $102,572.00 for the initial term of this
Agreement. The actual expenses anticipated for the initial term are included in Exhibit B. The City
will not be required to pay more for Co-Responder services than the total amount in the City’s
budget ($200,000), unless otherwise agreed in writing by both parties. Provider may request an
increase in the budget during the term of the Agreement and, upon approval by the City, the
increased amount shall so modify the budget set forth in Exhibit B as of the date of approval, unless
a different date is set forth by the Parties. If Provider does not utilize all of the funds allocated for
a given activity or category, such funds will not be expended unless reallocated as provided herein.
Budgeted funds may not be re-allocated from one category to another for reimbursement except
by express written amendment of this agreement.

Section 3.2 Claims Payment. The City will pay the amount set forth on the monthly invoices
submitted by Provider for reimbursement of expenses. The Parties agree that Exhibit A shall be used
by Provider to submit monthly invoices pursuant to this Agreement. Provider agrees to specify the
category for expenses, including how they were used and such invoices shall be presented within
thirty (30) days after the closing of an invoice month. Claims will be mailed or emailed to:

City of Davenport Administrative Offices
226 West 4th Street
Davenport, IA 52801
(563) 888-2163
Attention: Hanna Whitehurst
hanna.whitehurst@davenportiowa.com

Section 3.3 Compensation to Provider. Provider agrees to accept payment from the City for
reimbursable co-responder program expenses under this Agreement using the invoice for covered
expenses included as Exhibit A. The Parties acknowledge that Provider shall not seek reimbursement
for the Services provided except as set forth herein.


 SECTION 4
 Relationship Between the Parties

Section 4.1 Relationship Between Regions and Provider. The relationship between the City and
Provider is solely that included in the scope of this contract and nothing in this Agreement shall be
construed or deemed to create any other relationship including one of employment, agency or joint
venture. Provider shall maintain social security, workers’ compensation and all other employee
benefits covering Provider’s employees as required by law.




 Page 4 of 11
 SECTION 5
 Hold Harmless, Indemnification and Liability Insurance

Section 5.1 Provider Hold Harmless and Indemnification. The Provider shall defend, hold harmless
and indemnify the City against any and all claims, liability, damages or judgments asserted against,
imposed or incurred by the City that arise out of acts or omission of Provider or Provider’s
employees, agents or representatives in the discharge of its responsibilities under this Agreement.

Section 5.2 City Hold Harmless and Indemnification. The City shall defend, hold harmless and
indemnify Provider against any and all claims, liability, damages or judgments asserted against,
imposed or incurred by Provider that arise out of grossly negligent acts or omission of the City’s or
the City’s employees, agents, or representatives in the discharge of its responsibilities under this
Agreement.

Section 5.3 Provider Liability Insurance. The Provider shall procure and maintain, at the Provider’s
own expense, liability insurance and comprehensive general or umbrella liability insurance of at
least $1,000,000 per occurrence and $3,000,000 in aggregate. Evidence of insurance shall be
provided at the time of execution of this Agreement and may be provided in the form of a certificate
of insurance.


 SECTION 6
 Laws and Regulations

Section 6.1 Laws and Regulations. Provider warrants that it is, and during the term of this
Agreement will continue to be, operating in full compliance with all applicable local, state and laws.
The City warrants that it is, and during the term of this Agreement will continue to be, operating in
full compliance with all applicable local, state and federal laws.

Section 6.2 Compliance with Civil Rights Laws. Provider agrees not to discriminate or differentiate
in the treatment of any individuals based on age, race, creed, color, sex, sexual orientation, gender
identity, national origin, religion, disability or any characteristic protected by local, state or federal
law. Provider agrees to ensure services are rendered to individuals in a non-discriminatory manner,
and in accordance with the same standards and availability without regard to any characteristic
protected by law.

Section 6.3 Equal Opportunity Employers. The City and Provider are both equal employment
opportunity employers. Provider prohibits discrimination against any employee or applicant for
employment on the basis of age, race, creed, color, sex, sexual orientation, gender identity, national
origin, religion, or disability or any other classification or characteristic protected by law or
ordinance.

Section 6.4 Confidentiality of Records. The City and Provider agree to maintain the confidentiality
of all information regarding covered services provided to individuals under this Agreement in
accordance with any applicable laws and regulations, including HIPAA and its accompanying

 Page 5 of 11
regulations. Provider acknowledges that in receiving, storing, processing, or otherwise dealing with
information about individuals, it is fully bound by federal and state laws and regulations, including
HIPAA, governing the confidentiality of medical records, mental health records and Protected Health
Information.


 SECTION 7
 Term and Termination

Section 7.1 Term. The term of this Agreement shall be for a period starting upon the date both
parties have signed and end on June 30, 2026 (the “initial term”).

Section 7.2 Renewal of Agreement. This Agreement may be renewed for successive 1-year terms
if agreed upon by both Provider and the City in writing. Notice of renewal must be provided to the
other party within 30 days of the Agreement’s termination date.

Section 7.3 Termination of Agreement Without Cause. Either party may terminate this Agreement
without cause by providing at least ninety (90) days prior written notice of termination to the other
party.

Section 7.4 Termination with Cause by the City. The City shall have the right to terminate this
Agreement immediately by giving written notice to Provider upon the occurrence of any of the
following events: (a) restriction, suspension or revocation of Provider’s license, certification or
accreditation; (b) Provider’s loss of any liability insurance required under this Agreement; (c)
bankruptcy filing by Provider; or (d) Provider’s material breach of any of the terms or obligations of
this Agreement.

Section 7.5 Termination with Cause by Provider. Provider shall have the right to terminate this
Agreement immediately by giving written notice to the City upon the occurrence of the City’s
material breach of any of the terms or obligations of this Agreement.

Section 7.6 Information to the City Individuals. Provider acknowledges the right of the City to
inform individuals of Provider’s termination and agrees to cooperate with the City in deciding on
the form of such notification.

Section 7.7 Continuation of Services After Termination. Upon request by the City, Provider will
evaluate the feasibility of continuing to provide services to an individual following termination of
this Agreement until the City has transferred the individual to another provider or until such
individual is discharged.

Section 7.8 Notices to the City. Any notice, request, demand, waiver, consent, approval or other
communication to the City which is required or permitted herein shall be in writing and shall be
deemed given only if delivered personally, or sent by registered mail or certified mail, or by express
mail courier service, postage prepaid, as follows:


 Page 6 of 11
City of Davenport Administrative Offices
226 West 4th Street
Davenport, IA 52801
(563) 888-2163
Attention: Hanna Whitehurst
hanna.whitehurst@davenportiowa.com

Section 7.9 Notices to Provider. Any notice, request, demand, waiver, consent, approval or other
communication to the Provider which is required or permitted herein shall be in writing and shall
be deemed given only if delivered personally, or sent by registered mail or certified mail, or by
express mail courier service, postage prepaid, as follows:

Vera French Community Mental Health Center
1441 W. Central Park Ave.
Davenport, IA 52804
Attention: Richard K. Whitaker, Jr. – CEO
whitakerr@verafrenchmhc.org

 SECTION 8
 Amendments

Section 8.1 Amendment. This Agreement may be amended at any time by the mutual written
agreement of the parties.

Section 8.2 Regulatory Amendment. In the event either party determines a term or provision in
this Agreement requires amendment to comply with applicable statutes and/or regulations, such
party shall provide written notice of the same to the other party. The Parties thereafter agree to
engage in good faith discussions to reach an agreement as to the language of the amendment.

 SECTION 9
 Other Terms and Conditions

Section 9.1 Non-Exclusivity. This Agreement does not confer upon Provider any exclusive right to
provide services to individuals in the Provider’s geographical area. The City reserves the right to
contract with other providers in a manner not inconsistent with the terms of this Agreement. The
parties agree Provider may continue to contract with other organizations.

Section 9.2 Assignment. Provider may not assign any of its rights and responsibilities under this
Agreement to any person or entity without the prior written approval of the City.

Section 9.3 Subcontracting. Provider may not subcontract any of its rights and responsibilities
under this Agreement to any person or entity without prior notification to the City.




 Page 7 of 11
Section 9.4 Entire Agreement. This Agreement and attachments hereto constitute the entire
agreement between the City and Provider with respect to the subject matter addressed herein and
supersedes or replaces any prior agreements between the City and Provider relating to the same.

Section 9.5 Rights of Provider and Region. Provider agrees the City may use Provider’s name,
address, telephone number and the description of the Provider’s care and specialty services in
promotional activities. In the event Provider objects to the description of Provider’s care or specialty
services, Provider shall notify City of such objection in writing and the City shall refrain from using
such description until mutually agreeable language is confirmed and approved by Provider. Provider
and City shall not use each other’s name, symbol or service mark except as identified in the
immediately preceding sentence without prior written approval of the other party.

Section 9.6 Service Monitoring and Improvement. Provider agrees to cooperate and comply on a
timely basis with data requirements of the City and to conduct reasonable quality improvement,
quality assurance, utilization review and outcome measurement activities as determined by
Provider.

Section 9.6 Invalidity. If any term, provision or condition of this Agreement shall be determined to
be invalid by a court of law, such determination shall in no way effect the validity of any other term,
provision or condition of this Agreement, and the remainder of the Agreement shall survive in full
force and effect, unless such survival would substantially impair the rights or obligations of either
party to this Agreement.

Section 9.7 No Waiver. The waiver by either party of a breach or violation of any provision in this
Agreement shall not operate or be construed as a waiver of any subsequent breach.

 This Agreement has been executed by the parties hereto, through their duly authorized officials.

 City of Davenport Vera French Community Mental Health Center
 By: By:

 Print Name: Print Name: Richard K. Whitaker, Jr.

 Print Title:
 Print Title: Chief Executive Officer
 Date:
 Date:




 Page 8 of 11
 EXHIBIT A

 INVOICE


 Invoice #: ______________
 Invoice Date: __________

Provider Name/Address- Vera French CMHC, 1441 W. Central Park Ave., Davenport, IA 52804
ATTN: CEO

Contracted Services- Co-Responder Program

Time Period-



 Contract Expenses Funding Justification FY25- Expenses Billed



Salary 1.1153 FTE (1.0 FTE staff-
 Bachelor’s required); 0.1153
 FTE back-up staff (30 days/year
 for vacation and sick time)- also
 Bachelor’s level

Benefit Package Staff benefits


Supervision Staff supervision and program
 oversite


Other (phone computer, Phone, computer, mileage,
mileage, office supplies, etc..) office supplies, laptop and
 accessories)

Occupancy/Lease N/A


Administration/Overhead 10% Max Administrative fees


 TOTAL DUE: _____________



 Page 9 of 11
 Name: ________________________________
 Title: ________________________________
 EXHIBIT B

 FY25 AGENCY BUDGET AMOUNTS


 Expense Item/Description Amount


Salary: 1.1153 FTE (1.0 FTE staff- Bachelor’s required);
 $66,923
0.1153 FTE back-up staff (30 days/year for vacation and sick
time)- also Bachelor’s level

 $18,738
Benefit Package: Staff benefits


Supervision: Staff supervision and program $3,660
oversite

 $3,925
Other (phone, computer, mileage, office supplies, etc..)


 $0
Occupancy/Lease


Administration/Overhead (10% Max) $9,325




TOTAL ANNUAL PROGRAM OPERATING COSTS: $102,571.00


This Attachment has been executed by the parties hereto, through their duly authorized officials.

 Vera French Community Mental Health
City of Davenport:
 Center
By: By:
Print Name: Print Name: Richard K. Whitaker, Jr.
Print Title: Print Title: Chief Executive Officer
Date: Date:


 Page 10 of 11
Page 11 of 11
 City of Davenport

Department: Administration Action / Date
Contact Info: Nicole Gleason | 563-326-7734 12/3/2025

Subject:
Resolution approving the Small Community-Oriented Renewal and Enhancement (SCORE)
Program and authorizing the City Administrator to administer and execute program purchases.
[All Wards]

Recommendation:
Adopt the Resolution.

Background:
The program originated in 2004 as the Neighborhood Beautification Program and later evolved
into a Community Improvement and Support Program (CISP).

Throughout September 2025, staff met with elected officials to review the program. Council
provided policy direction on the scope of services, approvals, and other areas. The attached
proposal attempts to combine these opinions into a program that clearly defines applicant and
project eligibility and emphasizes public purpose for the program.

If the attached proposal is approved, notable program highlights include:

 • The program will fund small capital improvement projects through Local Option Sales
 Tax.
 • The program total per fiscal year increases from $55,000 to $110,000, with the amount
 changing from $5,000 to $10,000 per year per elected official.
 • The City Administrator or designee will be authorized to administer the program at the
 direction of elected officials wishing to fund an application.
 • Applicants will be required to complete a detailed application and may be required to
 provide additional reporting information.
 • Applicants will receive funds on a reimbursement basis, unless prior authorization is
 received from the CFO.


There is expected to be an amendment detailing the following information:

The proposed SCORE Program will replace CISP effective January 1, 2026. Any remaining
unspent CISP funds will roll into the SCORE Program and must meet the SCORE Program
criteria.

Attachments:
1. Resolution
2. Proposal
 Resolution No. _______________


Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving the Small Community-Oriented Renewal and Enhancement (SCORE) Program
and authorizing the City Administrator to administer and execute program purchases.

WHEREAS, the City of Davenport values the creation and maintenance of welcoming, vibrant
neighborhoods; and

WHEREAS, the City recognizes the need to address small-scale capital improvements that enhance
neighborhood quality of life; and

WHEREAS, the City Council has provided input and policy direction to establish and fund this program.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Davenport, Iowa that the
Small Community-Oriented Renewal and Enhancement (SCORE) Program is hereby approved; and

BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to administer and execute
program purchases.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
SMALL COMMUNITY-ORIENTED RENEWAL AND ENHANCEMENT (SCORE) PROGRAM
Effective January 1, 2026


Purpose To provide funding for small-scale capital improvements, beautification, and other
 projects for public benefit throughout the city.

Funding $110,000 per fiscal year as approved annually in the budget for allocation to
 projects; $10,000 allocation per each elected official

Source of Funds Local Option Sales Tax

Applicant Eligibility Applicants must meet at least one of the following criteria to be eligible for
the program:

 ▪ 501 tax-designated organization registered with the Iowa Secretary of State (active and
 current) and providing services to the Davenport community
 ▪ Established or recognized City of Davenport neighborhood group
 ▪ Youth sports organization established and open to all Davenport youth
 ▪ Established student group recognized by the applicable school as providing services to
 benefit the Davenport community
 ▪ Other organized group providing public services to Davenport residents

Project Eligibility Projects must meet the following criteria to be eligible for funding:

 ▪ Projects must be aligned with the purpose of the program
 ▪ Improvements must be to public property or projects with a public benefit
 ▪ Upon completion, projects must have an expected life of five years or more

Examples: basic landscaping, painting projects, and small infrastructure repairs on public property
or property open to and accessible by the public

Approval Process All applicants must complete an application and provide detailed project
 information, including clearly stating the public purpose of the project. City
 staff will evaluate the eligibility of the project, and City elected officials are
 authorized to distribute a portion or all of their annual program allocation to
 eligible projects of their choice.

Payment Funds will be paid to the organization and/or contractor following
 completion of the project as proposed, in conformance with applicable
 provisions, and upon authorization of release by an approving alderman
 and the city administrator.

Other Provisions All improvements shall meet applicable purchasing, bidding, and
 construction requirements. Improvements to public property are subject to

 Page 1 of 2
review and approval of the department with maintenance responsibility for
that property. Improvements to private property are subject to review of the
Legal department as to confirmation of public benefit.
 City of Davenport

Department: Legal Action / Date
Contact Info: Sam Huff | 563-326-7761 | 12/3/2025

Subject:
Resolution approving the Agreement and Release from the Estate of James W. Victor. [All
Wards]

Recommendation:
Adopt the Resolution.

Background:
James W. Victor, deceased, named the City of Davenport in a Last Will and Testament to
receive a distribution of his estate to fund, build, and/or support a new fountain within the city.
Stakeholders met several times but were unable to reach a mutually acceptable vision to meet
this purpose.

In lieu of a gift/bequest to the City of Davenport, the Estate wishes to make a charitable gift to
the Figge Art Museum. The Victor Estate and Figge Art Museum entered into a Charitable Gift
Agreement on August 20, 2025, said Agreement being subject to the Agreement’s approval by
the City of Davenport and the Scott County District Court where the Estate is pending.

This agreement provides the necessary approval from the City of Davenport to divest from the
named distribution and releases the Victor Estate from any obligation to pay a gift to the City.

Attachments:
1. Resolution
2. Agreement and Release (City of Davenport)
3. Charitable Gift Agreement (Figge)
 Resolution No. _______________


Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving the Agreement and Release from the Estate of James W. Victor.

WHEREAS, the Last Will and Testament of James W. Victor has been admitted to probate in the Scott
County District Court on August 3, 2018; and

WHEREAS, ARTICLE IX K. of said Last Will and Testament provided that all the rest, residue and
remainder of my estate…is to be distributed as follows: “K. Five percent (5%) to fund, build and/or
support a new fountain within the City of Davenport, the project to be selected and managed by the
Quad City Arts and Davenport Parks Department.”; and

WHEREAS, having enlisted Kyle Carter, Executive Director, Downtown Davenport Partnership, and
Marion Meginnis, City of Davenport Third Ward Alderman, for support and guidance, and after many
months of meetings at various physical locations within the City of Davenport, Thomas C. Victor, Quad
City Arts, and Davenport Parks and Recreation Department were unable to reach a mutually acceptable
vision of a new fountain within the City of Davenport; and

WHEREAS, the Estate wishes to make a charitable gift to the Figge Art Museum for the use and benefit
of the Figge Art Museum in lieu of a gift/bequest to Davenport; and

WHEREAS, the Figge Art Museum desires to accept such gift, subject to the terms and conditions set
forth in that Charitable Gift Agreement between the Estate and Figge Art Museum; and

WHEREAS, the Estate and Figge Art Museum entered into a Charitable Gift Agreement on August 20,
2025, said Agreement being subject to the Agreement’s approval by the City of Davenport and the
Scott County District Court where the Estate is pending.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the
Agreement and Release from the Estate of James W. Victor is hereby approved.

Passed and approved this 25th day of November, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 AGREEMENT AND RELEASE



 THIS AGREEMENT AND RELEASE (“Agreement”) is made and entered into this _____
day of ____________________, 2025, by and between Thomas C. Victor, Executor of the
Estate of James W. Victor, deceased, the Executor of an Estate pending in Scott County
District Court, Davenport, Iowa, 52801 (the “Estate”) and the City of Davenport, a
municipality located within the State of Iowa and the City of Davenport Department of
Parks and Recreation, collectively, referred to as (“Davenport”);

 RECITALS

 WHEREAS, the Last Will and Testament of James W. Victor has been admitted to
probate in the Scott County District Court on August 3, 2018;

 WHEREAS, Thomas C. Victor was appointed as Executor of the Estate of James W.
Victor on August 3, 2018;

 WHEREAS, ARTICLE IX K. of said Last Will and Testament provided that all the rest,
residue and remainder of my estate…is to be distributed as follows: “K. Five percent (5%) to
fund, build and/or support a new fountain within the City of Davenport, the project to be
selected and managed by the Quad City Arts and Davenport Parks Department.”

 WHEREAS, having enlisted Kyle Carter, Executive Director, Downtown Davenport
Partnership, and Marion Meginnis, City of Davenport Third Ward Alderman, for support and
guidance and after many months of meetings at various physical locations within the City
of Davenport, Thomas C. Victor, Quad City Arts and Davenport Parks and Recreation
Department were unable to reach a mutually acceptable vision of a new fountain within the
City of Davenport;

 WHEREAS, Thomas C. Victor as Executor has explored various options for the
ARTICLE IX K. charitable gift;

 WHEREAS, after sixteen months of meetings, Thomas C. Victor and Figge Art
Museum reached an agreement with respect to a charitable gift from the Estate to the Figge
in lieu of a gift/bequest to Davenport;

 WHEREAS, the Estate wishes to make a charitable gift to Figge Art Museum for the
use and beneﬁt of Figge Art Museum in lieu of a gift/bequest to Davenport;

 WHEREAS, Figge Art Museum desires to accept such gift, subject to the terms and
conditions set forth in that Charitable Gift Agreement between the Estate and Figge Art
Museum; and

 Page 1 of 8
 WHEREAS, the Estate and Figge Art Museum entered into a Charitable Gift
Agreement on August 20, 2025, said Agreement being subject to the Agreement’s approval
by the City of Davenport and the Scott County District Court where the Estate is pending;

 NOW, THEREFORE, in consideration of the premises and the mutual agreements
contained herein, and other good and valuable consideration, the receipt and suƯiciency
of which are hereby acknowledged, the parties hereby agree as follows:



 1. RECITALS INCORPORATED. The parties agree and acknowledge that the above
 recitals are part of the covenants and terms of this Agreement. As such, the
 above Recitals, including all representations contained therein, are speciﬁcally
 incorporated into this Agreement.

 2. THE WILL. Davenport acknowledges that ARTICLE IX K. of said Last Will and
 Testament of James W. Victor provided that all the rest, residue and remainder
 of my estate…is to be distributed as follows: “K. Five percent (5%) to fund, build
 and/or support a new fountain within the City of Davenport, the project to be
 selected and managed by the Quad City Arts and Davenport Parks
 Department.”

 3. MEETINGS AND DISCUSSIONS. Davenport further acknowledges that
 numerous meetings and discussions which included Executor Thomas C.
 Victor, Davenport Parks and Recreation Director Chad Dyson, Quad City Arts
 Director Kevin Maynard, Third Ward Alderman Marion McGinnis and Downtown
 Business Partnership Executive Director Kyle Carter took place.

 4. UNABLE TO REACH A MUTUALLY ACCEPTABLE VISION. Davenport further
 acknowledges that after numerous meetings, Thomas C. Victor, Quad City Arts
 and Davenport Parks and Recreation Department were unable to reach a
 mutually acceptable vision of a new fountain within the City of Davenport.

 5. OPTIONS. As a result of the failed meetings, Executor Thomas C. Victor
 explored various options for the ARTICLE IX K. charitable gift in lieu of the stated
 gift/bequest to Davenport.

 6. CHARITABLE GIFT AGREEMENT EXECUTED. The Estate and Figge Art Museum
 have executed the attached Exhibit 1 which is a Charitable Gift Agreement on


 Page 2 of 8
 August 20, 2025. This Charitable Gift Agreement leaves to Figge Art Museum
 what would have been a gift/bequest to Davenport under decedent’s will.

7. FIGGE ART MUSEUM IS THE SUCCESSOR TO CITY OF DAVENPORT OWNED
 DAVENPORT ART MUSEUM. Davenport acknowledges that Figge Art Museum
 is the successor to the City of Davenport owned Davenport Art Museum which
 began as the Davenport Municipal Art Gallery in 1925.

8. APPROVAL OF THE AGREEMENT BETWEEN THE ESTATE AND FIGGE ART
 MUSEUM BY DAVENPORT. The Estate is requesting Davenport to approve the
 gift/bequest of monies from the Estate to the Figge Art Museum in lieu of a
 gift/bequest under the decedent’s will to the City of Davenport Department of
 Parks and Recreation. By execution of this Agreement, Davenport hereby
 approves and agrees to the terms of attached Exhibit 1, Charitable Gift
 Agreement, between the Estate and Figge Art Museum, in lieu of a gift/bequest
 from the Estate to City of Davenport Parks and Recreation as provided under
 Article IX K. of the Last Will and Testament of James W. Victor, deceased.

9. RELEASE BY CITY OF DAVENPORT AND THE CITY OF DAVENPORT
 DEPARTMENT OF PARKS AND RECREATION. The City of Davenport and the
 City of Davenport Department of Parks and Recreation irrevocably and
 unconditionally release and forever discharge the Estate of James W. Victor,
 deceased, Thomas C. Victor, as Executor and as an individual, Gene H. Snapp,
 Jr., Attorney for the Executor and as an individual, Figge Art Museum, all
 employees of Figge Art Museum and the Board of Trustees of Figge Art Museum,
 and any and all of their respective aƯiliates, predecessors, successors, assigns,
 heirs, trusts, trustees and related parties and any or all of their respective
 employees, agents, partners, insurers, members, managers, attorneys, and
 representatives, and all persons acting by, through, or in concert with, any of
 them of and from any and all claims, (including but not limited to damages,
 expenses, attorneys’ fees and costs), liabilities, indebtedness or other causes
 of action of any nature whatsoever, in law or in equity, which any of the
 releasing parties ever had or now has, in existence as of the date of this
 Agreement, including, but not limited to, any and all demands, claims,
 obligations, indebtedness, costs, expenses, fees, or other causes of action,
 occurring or arising on or before the date of this Agreement and relating to or
 against the following (hereinafter collectively referred to as “Obligations”):


 Page 3 of 8
 a) Estate of James W. Victor, deceased;
 b) Thomas C. Victor, as Executor and as an individual;
 c) Gene H. Snapp, Jr., as Attorney for the Executor and as an individual;
 d) Figge Art Museum;
 e) Employees of Figge Art Museum;
 f) Board of Trustees of Figge Art Museum;
 g) The conduct of any kind by and among the Estate of James W. Victor,
 deceased, Thomas C. Victor, as Executor and as an individual, Gene H.
 Snapp, Jr., as Attorney for the Executor and as an individual, Figge Art
 Museum, employees of Figge Art Museum and Trustees of Figge Art
 Museum and Davenport;
 h) Any wills, contracts, written or oral, or any supposed liability or thing
 undertaken, done or omitted to be done, or any transaction by the Estate
 of James W. Victor, deceased, Thomas C. Victor, as Executor and as an
 individual, Gene H. Snapp, Jr., as Attorney for the Executor and as an
 individual, Figge Art Museum, employees of Figge Art Museum and
 Trustees of Figge Art Museum and Davenport;
 i) Any and all issues, disputes and controversies which could be involved,
 raised, plead or related to potential litigation;
 j) The gift/bequest under Article IX K. to the Figge Art Museum in lieu of a
 gift/bequest to the City of Davenport and City of Davenport Department
 of Parks and Recreation; and
 k) Any other local, state or federal law, order regulation or ordinance.

 It is expressly understood by Davenport that the execution of this Agreement
 and fulﬁlment of the promises and covenants set forth herein, constitutes and
 is a complete and ﬁnal release of the Estate of James W. Victor, deceased,
 Thomas C. Victor, as Executor and as an individual, Gene H. Snapp, Jr., as
 Attorney for the Executor and as an individual, Figge Art Museum, employees of
 Figge Art Museum and Trustees of Figge Art Museum from any and all demands,
 claims, obligations, indebtedness, costs, expenses, fees, or causes of action of
 any nature whatsoever arising out of the Obligations, including any unknown or
 unanticipated damages which may arise in the future.

10. WAIVER AND BAR OF CLAIMS. Upon the execution of this Agreement and the
 entry of an Order by the Iowa District Court in the administration of the Estate of
 James W. Victor, deceased, approving this Agreement and Release and
 approving the Charitable Gift Agreement, the City of Davenport and Davenport’s

 Page 4 of 8
 Department of Parks and Recreation shall have no claims against the Estate of
 James W. Victor, deceased, Thomas C. Victor, as Executor and as an individual,
 Gene H. Snapp, Jr., attorney for the Executor and as an individual, Figge Art
 Museum, Employees of Figge Art Museum and the Board of Trustees of Figge Art
 Museum.

11. RELEASE BY THE ESTATE OF JAMES W. VICTOR, DECEASED AND THOMAS C.
 VICTOR, EXECUTOR OF THE ESTATE OF JAMES W. VICTOR, DECEASED. The
 Estate of James W. Victor, deceased, and Thomas C. Victor, Executor of the
 Estate of James W. Victor, irrevocably and unconditionally release and forever
 discharge the City of Davenport and the City of Davenport Department of Parks
 and Recreation, and any and all of their respective aƯiliates, predecessors,
 successors, assigns, heirs, trusts, trustees and related parties and any or all of
 their respective employees, agents, partners, insurers, members, managers,
 attorneys, and representatives, and all persons acting by, through, or in concert
 with, any of them of and from any and all claims, (including but not limited to
 damages, expenses, attorneys’ fees and costs), liabilities, indebtedness or
 other causes of action of any nature whatsoever, in law or in equity, which any
 of the releasing parties ever had or now has, in existence as of the date of this
 Agreement, including, but not limited to, any and all demands, claims,
 obligations, indebtedness, costs, expenses, fees, or other causes of action,
 occurring or arising on or before the date of this Agreement and relating to or
 against the following (hereinafter collectively referred to as “Obligations”):

 a) City of Davenport;
 b) City of Davenport Department of Parks and Recreation;
 c) The conduct of any kind by and among the City of Davenport, the City of
 Davenport Department of Parks and Recreation and the Estate of James
 W. Victor, deceased, and Thomas C. Victor, Executor of the Estate of
 James W. Victor, deceased;
 d) Any wills, contracts, written or oral, or any supposed liability or thing
 undertaken, done or omitted to be done, or any transaction by the City of
 Davenport and the City of Davenport Department of Parks and Recreation
 and the Estate of James W. Victor, deceased, and Thomas C. Victor, as
 Executor;
 e) Any and all issues, disputes and controversies which could be involved,
 raised, plead or related to potential litigation;


 Page 5 of 8
 f) The gift/bequest under Article IX K. to the Figge Art Museum in lieu of a
 gift/bequest to the City of Davenport and City of Davenport Department
 of Parks and Recreation; and
 g) Any other local, state or federal law, order regulation or ordinance.

 It is expressly understood by the Estate that the execution of this Agreement and
 fulﬁlment of the promises and covenants set forth herein, constitutes and is a
 complete and ﬁnal release of the City of Davenport and the City of Davenport
 Department of Parks and Recreation from any and all demands, claims,
 obligations, indebtedness, costs, expenses, fees, or causes of action of any
 nature whatsoever arising out of the Obligations, including any unknown or
 unanticipated damages which may arise in the future.

12. WAIVER AND BAR OF CLAIMS. Upon the execution of this Agreement and the
 entry of an Order by the Iowa District Court in the administration of the Estate of
 James W. Victor, deceased, approving this Agreement and Release and
 approving the Charitable Gift Agreement, the Estate of James W. Victor,
 deceased, and Thomas C. Victor, Executor of the Estate of James W. Victor,
 deceased, shall have no claims against the City of Davenport and City of
 Davenport Department of Parks and Recreation.

13. EFFECTIVE DATE. Davenport acknowledges that this Agreement and the
 Charitable Gift Agreement shall not become eƯective until this Agreement and
 the Charitable Gift Agreement are approved by the Scott County District Court
 where the Estate of James W. Victor, deceased, is pending.

14. FURTHER ASSURANCES. Any time, and from time to time, whether at or after
 the execution of this Agreement, each party shall execute such additional
 instruments or documents and take such action as may be reasonably
 requested by one or more of the parties or as are necessary or required to fulﬁll
 and perform the terms and conditions by this Agreement.

15. ABSENCE OF DURESS. This Agreement and the documents to be executed
 pursuant to its provisions have been executed by the parties in good faith and
 voluntarily, with beneﬁt of legal counsel, without any fraud, misrepresentation,
 duress or undue inﬂuence whatsoever or misunderstanding by any of the
 parties.


 Page 6 of 8
16. COSTS AND FEES. In the event legal action is commenced by reason of a
 default or breach of this Agreement and the breach shall be established, the
 prevailing party shall collect from the other party, all costs and expenses
 incurred therefore including reasonable attorney’s fees.

17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement among
 the parties and no other representations or statements shall be binding upon
 the parties, nor shall this Agreement be amended, altered or modiﬁed, except
 by written agreement signed by the parties herein.

18. IOWA LAW; SEVERABILITY. This Agreement shall be governed and construed
 in accordance with the laws of the State of Iowa. If any provision of this
 Agreement or the application of any provision to persons or circumstances
 shall be held invalid, the remainder of this Agreement of the application of the
 provision to persons or circumstances other than those which are held invalid,
 shall not be eƯected thereby and shall continue to be binding and are in full
 force and eƯect. ANY ACTION RELATING TO OR ARISING OUT OF THE TERMS
 AND CONDITIONS OF THIS AGREEMENT SHALL BE INSTITUTED AND LITIGATED
 IN THE STATE COURTS SITUATED IN SCOTT COUNTY, IOWA AND NO OTHER. IN
 ACCORDANCE HEREWITH THOMAS C. VICTOR HEREBY SUBMITS TO THE
 JURISDICTION AND VENUE OF THE STATE COURTS SITUATED WITHIN SCOTT
 COUNTY, IOWA.

19. AUTHORITY. Thomas C. Victor and Davenport have the requisite power and
 authority to execute and deliver this Agreement and any and all documents to
 be executed pursuant to this Agreement. The execution and delivery by Thomas
 C. Victor and Davenport of this Agreement and any and all documents to be
 executed pursuant to its provisions and the consummation of the transactions
 contemplated hereby and thereby do not require any consent, waiver, approval,
 exemption, authorization or any other action of any other person or entity.

20. CAPTION HEADINGS. Caption headings in this Agreement are for convenience
 purposes only and are not to be used to interpret or deﬁne the provisions of this
 Agreement.

21. NO ADMISSION OF LIABILITY. This Agreement is being executed by the Estate
 and Davenport, for the sole purpose of avoiding the risk and expense of
 litigation and is a resolution of doubtful and disputed claims between the Estate

 Page 7 of 8
 and Davenport. Nothing contained in this Agreement is to be considered as an
 admission of liability by any party, which liability each signatory to this
 Agreement continues to deny.

 22. HEIRS, SUCCESSORS AND ASSIGNS. This Agreement shall be applicable to
 and binding upon the heirs, successors and assigns of the parties hereto.

 23. SIGNATURE IN COUNTERPARTS. This Agreement may be executed in any
 number or counterparts and execution and transmission by facsimile or e-mail
 of a photocopy, a facsimile copy, or PDF of this Agreement shall have the same
 force and eƯect as execution and hand delivery of the original.


 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
and delivered in their name and on their behalf on the date appearing above.



ACCEPTED AND AGREED TO:



ESTATE OF JAMES W. VICTOR, deceased CITY OF DAVENPORT



By: _________________________________ By: ____________________________
 Thomas C. Victor, Executor Name:
 Title:




 Page 8 of 8
 City of Davenport

Department: Finance Action / Date
Contact Info: Basia Gerlach | 563-326-7727 12/3/2025

Subject:
Resolution approving the reallocation of a portion of the local sales and service tax revenue
designated for capital improvements to Parks Operations. [All Wards]

Recommendation:
Adopt the Resolution.

Background:
Chapter 422B of the Code of Iowa allows for local sales and service tax to be established upon
a majority vote of the residents in that area. Such a tax was established in the City of
 Davenport. In 1988, through an ordinance, it was established that local sales and service tax
would be allocated 60% to property tax relief and 40% to capital improvements. By resolution,
the ordinance allows revenues earmarked for capital improvements to be reallocated to other
lawful purposes as critical needs arise. Per Section 3.20.030 of the Municipal Code of
Davenport, Iowa, the Council may reallocate these revenues for other purposes by a resolution
passed by a two-thirds majority.

Over the last four fiscal years, local sales and service tax revenues have exceeded budgeted
projections by more than thirty-one percent (31%) annually, resulting in increased capacity to
address operational and community service needs. At the same time, the City’s parks system
continues to experience rising operational demands. These pressures will further increase with
the addition of Main Street Landing, which will require ongoing maintenance, staffing, and
operational support as it becomes part of Davenport’s park system.

Reallocating up to five percent (5%) of local sales and service tax revenue from capital
improvements to Parks Operations will enhance the City’s ability to adequately fund essential
day-to-day park maintenance, support general fund relief, and sustain the service levels
expected by the community—while continuing to preserve substantial funding for capital
investment.

Beginning in Fiscal Year 2027, local sales and service tax revenue shall be allocated as follows:
up to five percent (5%) for Parks Operations, up to forty percent (40%) for capital
improvements, and sixty percent (60%) for property tax relief.

Attachments:
1. Resolution
2. Chapter 3.20. Sales and Service Tax
 Resolution No. _______________


Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION approving the reallocation of a portion of the local sales and service tax revenue
designated for capital improvements to Parks Operations.

WHEREAS, Chapter 422B of the Code of Iowa authorizes the establishment of a local sales and service
tax upon approval by a majority of the voters within the jurisdiction; and

WHEREAS, the residents of the City of Davenport approved such a tax, and in 1988 the City enacted
an ordinance allocating sixty percent (60%) of Local Option Sales and Service Tax (LOSST) revenue
to property tax relief and forty percent (40%) to capital improvements; and

WHEREAS, Section 3.20.030 of the Municipal Code of Davenport, Iowa, provides that the Council may
reallocate these revenues for other purposes upon passage of a resolution approved by a two-thirds
majority; and

WHEREAS, LOSST revenues have exceeded budgeted expectations by more than thirty-one percent
(31%) annually over the last four fiscal years, providing additional financial capacity to support
operational and community service needs; and

WHEREAS, the City’s parks system continues to experience increasing operational demands and
associated maintenance needs, which will further expand with the addition of Main Street Landing to
the Davenport park system; and

WHEREAS, reallocating up to five percent (5%) of LOSST revenue from capital improvements to Parks
Operations will strengthen the City’s ability to maintain clean, safe, and high-quality parks, support
general fund relief, and sustain service levels expected by Davenport residents and visitors.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that the
reallocation of a portion of the local sales and service tax revenue designated for capital improvements
to Parks Operations is hereby approved.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Administration Action / Date
Contact Info: Hanna Whitehurst | 563-888-2163 12/3/2025

Subject:
Resolution of agreement and support for Hot Glass, Inc's fundraising efforts for a public art
display at Main Street Landing. [Ward 3]

Recommendation:
Adopt the Resolution.

Background:
Hot Glass, Inc, a local nonprofit glassblowing studio, has proposed the design, fabrication, and
installation of a public art piece at Main Street Landing. In September 2025, City staff met with
Council Members to review the concept. The proposed artwork is intended to serve as a
prominent visual feature at the park’s entrance, contributing to the cultural vibrancy of the area
and enhancing the visitor experience.

Hot Glass, Inc. plans to pursue grant funding and private donations to fully support the project,
including design, fabrication, installation, and all associated costs. To advance fundraising
efforts, the organization is requesting a Resolution of support and acceptance from the City
Council. This Resolution outlines the City’s conditions for supporting the project and formally
acknowledges the City’s expectations for long-term safety, maintenance, and sustainability of
the installation.

Attachments:
1. Resolution
 Resolution No. _______________


Resolution offered by Alderwoman Newton.

RESOLVED by the City Council of the City of Davenport, Iowa.

RESOLUTION of agreement and support for Hot Glass Inc.’s effort to fundraise for a permanent public
art sculpture at Main Street Landing (the “Artwork”).

WHEREAS, Hot Glass Inc., a local nonprofit glassblowing studio, is seeking to design, fund, and install
the Artwork at Main Street Landing, a new riverfront park under development by the City of Davenport;
and

WHEREAS, the proposed Artwork will serve as a significant visual feature at the park’s entrance,
enhancing the community’s cultural landscape and providing a unique experience for residents and
visitors; and

WHEREAS, Hot Glass Inc. intends to raise funds through grants and private contributions to fully
finance the fabrication, installation, and associated costs of the artwork (the “Project”); and

WHEREAS, the City of Davenport acknowledges that successful grant and funding applications require
the City’s commitment as a partner in the Project; and

WHEREAS, it is in the best interest of the City to outline the conditions of support and acceptance of
the Artwork to ensure the long-term safety, quality, and sustainability of the installation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Davenport, Iowa that:

1. The City of Davenport formally supports Hot Glass Inc. in its pursuit of grant opportunities,
sponsorships, and private fundraising to complete the design, fabrication, and installation of the
Artwork.

2. Upon successful completion of the Project at the approved site, and upon City inspection and
approval, the City of Davenport shall accept ownership of the Artwork as a permanent feature of Main
Street Landing.

3. Prior to fabrication and at the time when 66% of the estimated total Project cost has been secured
($165,000), Hot Glass Inc. shall submit the final design, material specifications, engineering details,
and installation for the Artwork and its supporting improvements to City staff for review and approval
by the appropriate departments and boards. The City reserves the right to request reasonable
modifications to ensure public safety, accessibility, and alignment with the park’s design standards.

4. The Artwork shall meet the following specifications unless otherwise approved by the City:

  Height between 7 and 8 feet, and width between 24 and 27 feet.
  Constructed with durable, weather- and impact-resistant materials approved by the City’s
 engineering staff.
  Any glass components shall be encased in shatter-resistant film to ensure public safety and
 durability.

5. The City shall reserve space at Main Street Landing, mutually agreed upon by both parties, for the
future installation of the Artwork and will allow for the initiation of necessary groundwork once Hot
Glass Inc. has secured at least 75% ($187,500) of the total project budget, currently estimated at
$250,000. Hot Glass Inc. shall notify the City in writing upon achieving this fundraising threshold.

6. Prior to installation of the Artwork, Hot Glass Inc. shall provide proof of general liability insurance
coverage and workers compensation insurance in amounts acceptable to the City’s Risk Management
Division, naming the City of Davenport as an additional insured. Hot Glass Inc. shall indemnify and
hold harmless the City, its officers, employees, and agents from any claims, damages, or liabilities
arising out of the design, fabrication, transportation, or installation of the Artwork in connection with
the Project.

7. Hot Glass Inc. may install a small plaque or marker with the installation of the Artwork identifying
the artist(s), project partners, and funding sources, subject to City approval of the plaque’s design,
content, and placement.

8. The City shall waive all municipal permit fees associated with the installation of the Artwork at Main
Street Landing. Hot Glass Inc. shall be responsible for obtaining all other necessary approvals or
clearances related to construction and installation for the Project. Hot Glass Inc. agrees that it shall
comply with all city, state, and federal laws, rules, processes, and regulations associated with the
project.

9. Fundraising Milestones; Expiration of Support.

 ▪ Hot Glass Inc. shall use diligent, good-faith efforts to secure project funding. As a condition
 of the City’s continued support and any site reservation:

 ▪ Hot Glass Inc. shall secure at least sixty-six percent (66%) of the estimated total Project cost
 within two (2) years of the date of this Resolution; and

 ▪ Hot Glass Inc. shall secure at least seventy-five percent (75%) of the estimated total Project
 cost and obtain City approval of the final design, material specifications, engineering details,
 and installation plan within three (3) years of the date of this Resolution.

If these milestones are not met, the City’s commitments under this Resolution, including any site
reservation, shall automatically expire without further action of the City Council.

10. Nothing in this Resolution shall preclude the City from soliciting, considering, or approving other
public art proposals or improvements at Main Street Landing. However, the provisions of this Section
shall not take effect until two (2) years after the date of adoption of this Resolution. Upon becoming
effective, if the City receives a fully funded proposal for a public art installation that would materially
conflict with the location contemplated for the Hot Glass Inc. project, the City may:
  offer Hot Glass Inc. an alternative location within the park or at another City facility; or
  terminate this Resolution and any conditional reservation, upon written notice to Hot Glass
 Inc., if the City Council determines that the alternative proposal better serves the public
 interest.

11. Nothing in this Resolution shall be construed to grant Hot Glass Inc. a leasehold, easement, license,
or other property interest in Main Street Landing, or to confer any exclusive right to use any particular
location within the park. The City’s support under this Resolution is policy guidance only and may be
modified by subsequent action of the City Council.

12. Upon formal acceptance of the artwork, the City of Davenport shall assume responsibility for
ownership, routine maintenance, and upkeep of the Artwork. Prior to acceptance, Hot Glass Inc. shall
provide the City with a maintenance and care plan, including recommended materials, procedures,
and inspection intervals to ensure long-term preservation of the Artwork

13. No City funds shall be used for the design, fabrication, or installation of the artwork, other than
staff time, permit fee waivers, and basic site preparation.

Passed and approved this 10th day of December, 2025.



Approved: Attest:



_________________________ _________________________
Mike Matson Brian Krup
Mayor Deputy City Clerk
 City of Davenport

Department: Information Technology Action / Date
Contact Info: Brett Burda | 12/3/2025

Subject:
Motion approving Change Order #1 in the amount of $81,000 to Naviant of Verona, Wisconsin
for the Managed Services Agreement for OnBase support and maintenance. [All Wards]

Recommendation:
Pass the Motion.

Background:
The Management Services Agreement for OnBase support and maintenance was approved by
City Council on June 25, 2025, as council action #2025-297.

The City's current level of managed services is not sufficient for the depth of OnBase
deployment and the limited internal staff expertise. This proposed increase aligns with the City's
requirements as and will support the upskilling of two City employees to provide ongoing
support. After one year, the goal is to lower the contracted support hours from 20 to 10 per
month, allowing sufficient time for staff to become proficient.

This change order will increase the blocks of managed service hours included under the
agreement from 5 hours per week to 20 hours per week, an annual increase of $81,000.

Funding for this change order comes from account 50450530 560530 | IT Software.

Attachments:
1. Change Order #1
City of Davenport – CO1 Level 3 Managed Services Agreement 14 November 2025




CHANGE ORDER AUTHORIZATION # 1
Introduction
This document sets forth the mutually agreed upon changes and modifications to the Statement of Work for CO1
Level 3 Managed Services Agreement (“Agreement”) entered into as of 14 November 2025 by and between
Naviant, LLC (“Naviant”) and City of Davenport (“Customer”).
Except as expressly set forth in this Change Order Authorization, all other terms and provisions of the Agreement
shall remain in full force and effect. The changes contained in this document modify the requirements of the
Agreement. A Change Order Authorization will become effective subject to timely approval and execution by
authorized representatives of each party. Naviant will not be obligated to accept any Change Order Authorization
which has not been signed and returned by Customer to Naviant within five (5) days from the date on this Change
Order Authorization.

Change Order Authorization Description
This Agreement will supersede the current Managed Services Agreement as of 1/1/2026 and continue for a
duration of 12 months through 12/31/2026.



PROJECT SCOPE
Project Objectives
Naviant, LLC (“Naviant”) will provide City of Davenport (“Customer”) with the services outlined in this Statement
of Work (sometimes referred to as “SOW” or “Agreement”).
Naviant Managed Services allows customers to transition internal IT operations to Naviant’s Managed Service
Team. In addition to the services Naviant provides through our Enhanced Support offering, Naviant Managed
Services will provide proactive, ongoing responsibility for monitoring, managing, and/or problem resolution, as
applicable, for Naviant-supported software solutions. Naviant Managed Services provides expert technical
knowledge, industry experience, and thought leadership to assure a preventative approach to solution stability,
scalability, and reliability.
This Managed Services Agreement is for a 12-month term that will commence on date of signature (“Initial Term”)
or a mutually agreed upon date following signature.

Project Scope
This Agreement provides for Naviant Managed Service offering OnBase. The Naviant Managed Services team will
perform the following listed below from a remote site using secure VPN access provided by Customer.

Production Support
Activities
 • Systems Support
 o Dedicated Hands-on Production Break/Fix Support for User-reported issues, including triage,
 prioritization, technical support, and internal & external communication.
 o Proactive Monitoring and Mitigation of Issues via System Health Checks on Services,
 Processes, and Alerts.
 o System Configuration Updates for small changes and enhancements, up to approximately 5
 hours per week.
 o Upgrade planning and assistance for annual or semi-annual system upgrades, as applicable



Naviant, LLC - Confidential 1 SOW Version 05.25
City of Davenport – CO1 Level 3 Managed Services Agreement 14 November 2025



 o Training and Education for End Users and Customer Administrators through remote-hosted
 working sessions and Naviant-provided refence documentation, as needed.
 o Code reviews and production deployment support that aligns with your existing Change
 Control policies and procedures
 o 24/7/365 access to Naviant’s On-Call resources for critical after-hours issue support
 • Additional Administrative Support from Naviant
 o Serve as your liaison with (Hyland) Tier 2 and Tier 3 support for bugs and/or issues requiring
 development
 o Regular communication on key metrics, accomplishments, and issues requiring escalation
Execution
 • Required Access
 o Point of contact and after-hours escalation procedures for all applicable integrated solutions
 teams, including but not limited to:
 • Database
 • Network
 • Security
 • HelpDesk
 • Infrastructure
 • Other Integrated Platforms Not Explicitly Named
 o Names and Passwords of all applicable Service Accounts
 o Direct access to Production issue/ticketing system(s)
 o Administrator Access to All Environments
 ▪ Dev, Test and Prod
 o Visual Studio License

Business Process Consulting
Activities
 • Business Analysis for New Solutions and Solution Design: We will provide you with business analysis
 and solution design services for any new solutions that you may want to implement or enhance for your
 system. We will work with you to understand your business requirements, challenges, and goals, and
 design a solution that meets your needs and expectations.
 • Blueprint Assessment: We will conduct a Blueprint Assessment of your business and system
 processes, and we will provide you with a prioritized roadmap of recommendations for improving your
 efficiency, effectiveness, and user satisfaction. Our team will analyze your current business practices
 for opportunities to adopt AI and RPA technologies. This includes both process automation and process
 assistance.

Implementation Services
Activities
 • Advanced Solution Development & Configuration: We will provide you with advanced solution
 development and configuration services, to deliver the projects that result from the business analysis
 and solution design services.
 • Dedicated Solution Architect(s) and Developer(s): You will have a dedicated solution architect(s)
 assigned to your account, who will work closely with you and your team to understand your system
 needs, provide technical guidance and support, and ensure the quality and consistency of the solution
 delivery.




Naviant, LLC - Confidential 2 SOW Version 05.25
 City of Davenport – CO1 Level 3 Managed Services Agreement 14 November 2025




 Signature Acceptance
 If PO is required, the PO # must be inserted below upon Customer’s execution of this Agreement. Any terms and
 conditions appearing in any PO shall have no effect unless agreed to in writing by both parties hereof.
 PURCHASE ORDER (PO) REQUIREMENT
 Is a PO Required by Customer? ☐ Yes ☒ No Purchase Order #



 PROJECT PRICING
 Managed Services
 Description Term Total/Month
 Level 3 Managed Services (Standard Hours) – 0.5 FTE 12 Months $12,500
 Total (Annual) $150,000

1. Professional services are incurred on a Fixed Fee basis, billed monthly on or around the first day of each month for the month of service.
 Travel time will be billed to Customer at the rate of $110 per hour. Related expenses (mileage, transportation, lodging, meals, etc.) will be
 billed in arrears on a monthly basis at the actual cost incurred.
2. Please note, subtotals do not include applicable sales tax. If applicable, sales tax will be assessed during the course of the project and/or on
 the final invoice.
3. Customer agrees to abide by the provisions set forth in the SLA Provisions. These provisions are available at www.naviant.com/customer-
 support.
4. Customer agrees to cooperate with Naviant’s marketing efforts, as shall be reasonably requested which may include: (i) providing in-person
 or phone references to prospective customers; (ii) working to prepare a Customer-success story and/or press release documenting the
 relationship of the parties; and (iii) allowing Naviant to use of Customer’s logo, subject to Customer’s standard guidelines, on Naviant’s
 website and in presentations under Naviant’s customer section and as part of marketing and pre-sales materials used by Naviant.



Upon signed acceptance, please return the entire document to “Attention: Naviant Sales Support” via email or fax at
purchasing@naviant.com or 608-848-0901. Acceptance creates a binding contract.

 CUSTOMER NAVIANT, LLC

 NAME: NAME:


 TITLE: TITLE:


 SIGNATURE: SIGNATURE:


 DATE: DATE:




 Naviant, LLC - Confidential 3 SOW Version 05.25
 City of Davenport

Department: Administration Action / Date
Contact Info: Hanna Whitehurst | 563-888-2163 12/3/2025

Subject:
Motion approving a contract with The Salvation Army in the amount of $50,000 to support its
housing and homelessness initiatives in Davenport. [Ward 5]

Recommendation:
Pass the Motion.

Background:
In late September 2025, the Salvation Army submitted funding proposals for the City Council’s
consideration. Council was provided with the proposal for their consideration.

The Salvation Army requested $100,000 to support its housing and homelessness initiatives in
Davenport due to funding gaps that stem from overlapping pressures including changes in
federal housing program support, the conclusion of one-time ARPA funds that temporarily
stabilized services during the pandemic, and a continued rise in local need.

The organization operates a housing voucher program that serves an average of 56 households
per month—most with children—by providing temporary shelter while participants await
placement in longer-term housing programs. This contract will support that program, allowing
the Salvation Army to stabilize operations and ensure families who need services are met with
dignity, safety, and a genuine path forward. This request from The Salvation Army is part of a
balanced funding strategy that distributes responsibility across local, state, federal, and private
partners.

Based on individual feedback given by Council members regarding the proposal, staff
recommends allocating $50,000.

Attachments:
1. Contract
 THE SALVATION ARMY
 AND
 THE CITY OF DAVENPORT, IOWA


This contract is made and entered into by and between the Salvation Army (hereinafter known as
"Contractor") and the City of Davenport, Iowa (hereinafter known as "The City") upon signatures
of both parties.

Background and Impact

This year, between September 1, 2024 – September 1, 2025, the Contractor has supported 999
individuals through their voucher sheltering program. They served an average of 56 households
each month, with monthly totals ranging from 25 to 71. Nearly all included children, underscoring
how deeply this crisis impacts families. Each number represents a family or individual who found
safety, stability, and a pathway forward.

Families are remaining in shelter longer—an average of 87 days compared to 27 days in prior
years—because affordable housing is increasingly difficult to secure. This limits turnover and
keeps demand consistently high.

The Contractor projects a funding requirement of $619,587 for the coming year to maintain current
operations. Spread across twelve months, this equates to approximately $51,632 per month,
supporting an estimated 300 households annually.

This request from the Contractor is part of a balanced funding strategy that distributes
responsibility across local, state, federal, and private partners.

Scope of Services
This contract provides funding to support the voucher sheltering program of The Salvation Army
to help stabilize shelter operations and ensure continued access for families in need. The work
performed by The Salvation Army is imperative to the Davenport community and ensures families
who need services are met with dignity, safety and a genuine path forward. Securing for the needs
of Davenport families will save cost in vital community resources such as crisis care,
hospitalization, emergency room visits, the Iowa Department of Health and Human Services, jails,
prisons, among other costs.

Period of Performance
 Services of the Contractor shall start immediately upon full execution of this Agreement and end
no later than January 1, 2027. All of the required activities and services, except for audit, will be
completed by or before this date.

Compensation
The City agrees to pay the Contractor a total reimbursable amount of $50,000 over the term of
the contract, to be disbursed in monthly payments based on actual expenses incurred.

Requests for Payment
As compensation for the Services, the City agrees to pay the Contractor a total reimbursable
amount of $50,000, to be disbursed in monthly payments over a one-year period. All invoices
shall be submitted using the City’s standard invoice, Attachment B, but at a minimum shall include
current and cumulative costs, breakdown by major cost category. Invoices and questions
concerning invoice receipt or payments shall be directed to the Program contact, shown in
Attachment A.

Final Statement of Costs
A final statement of cumulative costs incurred, marked "FINAL" must be submitted to the Program
contact, as shown in Attachment A, not later than 30 days after the contract term has ended or
the contract has been terminated, whichever comes first. The final statement of costs shall
constitute the Contractor’s final financial report.

Reports
The Contractor shall submit written monthly reports to the Program Contact established in
Attachment A, within fifteen (15) days following the end of each calendar quarter. Reports shall
include:

 • Number of unduplicated individuals served with demographic information (age, gender,
 household type)
 • Summary of case management activities and referrals provided
 • Housing outcomes achieved (temporary, permanent, or other housing secured)

Record Preservation
Contractor shall preserve and make available all records related to this Contract for examination
and audit by the City or their authorized representatives if needed.

Amendments and Modifications to this Contract
Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts
cited in this Agreement, and any changes requiring prior approval, shall be directed to the City's
Financial contact and the Contractor’s Program contact shown in Attachment A. Changes made
to this Contract requires the written approval of each party’s Program Official as shown in
Attachment A.

Use of Name
Neither party shall use the other party’s name, trademarks, or other logos in any publicity,
advertising, or news release without the prior written approval of an authorized representative of
that party. The parties agree that each party may use factual information regarding the existence
and purpose of the relationship that is the subject of this Agreement for legitimate business
purposes, to satisfy any reporting and funding obligations, or as required by applicable law or
regulation without written permission from the other party. In any such statement, the relationship
of the parties shall be accurately and appropriately described.

Indemnification by Contractor
 The Contractor agrees to indemnify, defend, and hold harmless the City of Davenport, its elected
officials, officers, employees, agents, and representatives from and against any and all claims,
liabilities, losses, damages, costs, or expenses (including but not limited to reasonable attorney's
fees) arising out of or related to:

 1. Any breach by the Contractor of its obligations under this Contract;
 2. Any injury or damage to persons or property caused, in whole or in part, by the negligent
 acts, errors, omissions, or willful misconduct of the Contractor, its employees, agents,
 subcontractors, or any person or entity acting on its behalf in the performance of services
 funded under this Contract;
 3. Any claims, demands, or actions brought against the City that arise from or are connected
 with the Contractor’s performance or failure to perform under this Contract, except to the
 extent such claims or damages arise from the City's own gross negligence or willful
 misconduct;
 4. Any misuse of the funds provided by the City under this Contract, including any failure to
 use the funds in accordance with applicable laws, regulations, or the terms of this Contract.

Limitation of City's Liability
The City’s role in this Contract is limited to providing financial support for the services to be
rendered by the Contractor. The City shall not be liable for any acts, errors, or omissions of the
Contractor, its employees, agents, subcontractors, or any other person or entity providing services
under this Contract. The City assumes no responsibility or liability for the performance of services
funded under this Contract, except to the extent of its financial contribution.

Indemnification by the City
 The City agrees to indemnify, defend and hold harmless the Contractor, its directors, officers,
employees, agents, and representatives from and against any and all claims, liabilities, losses,
damages, costs, or expenses out of or related to:

 1. Any material breach by the City of its obligations under this Contract;
 2. Any proven misuse of funds by the City that results in claims or liabilities for the Contractor,
 except to the extent such claims or damages arise from the Contractor's own negligence
 or willful misconduct.


Termination for Convenience
Either party may terminate this Contract for any reason by providing written notice to the other
party at least thirty (30) days in advance. Upon termination, the City shall pay the Contractor for
all services performed and expenses incurred up to the date of termination, provided such
services and expenses are in accordance with the terms of this Contract.

Termination for Cause
The City may terminate this Contract immediately, with written notice to the Contractor, if:

 1. The Contractor fails to comply with any material term or condition of this Contract;
 2. The Contractor misuses the funds provided by the City or fails to use the funds in
 accordance with applicable laws, regulations, or the terms of this Contract;
 3. The Contractor becomes insolvent, files for bankruptcy, or is subject to any other
 proceeding related to its liquidation or insolvency; or
 4. The Contractor engages in any illegal activities or practices that could harm the reputation
 or interests of the City.
 5. The federal funds that are allocated or intended to be used for the performance of this
 Contract become unavailable, reduced, or withdrawn for any reason.

Notice to Cure
If the City intends to terminate this Contract for cause based on a breach by the Contractor, the
City shall provide written notice to the Contractor specifying the nature of the breach. The
Contractor shall have thirty (30) days from receipt of such notice to cure the breach. If the
Contractor fails to remedy the breach within the specified time, the City may then terminate the
Contract effective immediately upon providing written notice to the Contractor.


Effect of Termination
Upon termination of this Contract for any reason:

 1. The Contractor shall cease all activities related to this Contract and shall provide the City
 with a final report of the services performed and expenditures made using the funds
 provided.
 2. Any unspent funds provided by the City must be returned to the City within ten (10) days
 of the termination date.
 3. Termination of this Contract shall not affect the rights or obligations of either party that
 have accrued prior to the termination date.

Survival
The provisions of this Contract that by their nature should survive termination shall remain in
effect, including but not limited to indemnification, liability, and confidentiality obligations.

Miscellaneous

 ➢ Governing Law: This Contract shall be governed by the laws of the State of Iowa.
 ➢ Entire Contract: This Contract constitutes the entire Contract between the parties and
 supersedes all prior Contracts and understandings.
 ➢ Amendments: Any modification of this Contract must be in writing and is valid only when
 executed by the fully authorized representatives of the parties hereto.
 ➢ City Council Approval: The entirety of this agreement is subject to and wholly dependent
 upon the approval of the Davenport City Council. Once the agreement is approved by the
 City Council, the Mayor of Davenport or his authorized signatory will execute the
 agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Contract
as of the day and year first above written.




THE CITY OF DAVENPORT, IOWA


By: ___________________________

Name:

Title: Mayor, City of Davenport

Date: _________________________


THE SALVATION ARMY

By: ___________________________

Name:

Title:

Date: _________________________
 ATTACHMENT A
 Approved Contacts



 Entity Information
 City of Davenport Contractor
 City of Davenport, Iowa The Salvation Army
 City Name Contractor Name
 226 W 4th Street 100 Kirkwood Blvd
 Address Address
 Davenport, IA 52801 Davenport, IA 52803
 City, St. ZIP City, St. ZIP
 https://www.davenportiowa.com/ www.SAQuadCities.org
 Website Website


 Program Contact

Name: Hanna Whitehurst Name: Kelle Larned
Phone: (563) 888-2163 Phone: 563-324-4808
Email: hanna.whitehurst@davenportiowa.com Email: Kelle.larned@usc.salvationarmy.org


 Authorized Official

Name: Tim Gleason Name: Kelle Larned
Phone: (563) 326-7792 Phone: 563-324-4808
Email: tim.gleason@davenportiowa.com Email: Kelle.larned@usc.salvationarmy.org
 ATTACHMENT B
 INVOICE | REQUEST FOR PAYMENT




 REQUEST DATE:

 VENDOR:
 REQUEST NO.: ____________________
 REPORTING PERIOD: __

 REQUEST ALREADY
 NO. AMOUNT DRAWN BALANCE
 1 CONTRACT AMOUNT: $50,000
 2
 3 THIS REQUEST: ________________
 4
 ALREADY DRAWN: _____________
 5
 6 TOTAL EXPENDED: _____________
 7
 8
 9
 REMAINING CONTRACT BALANCE:
 10
 11 _____________________________
 12
 13
 14
 15



CERTIFICATION
By signing this request for payment, I certify to the best of my knowledge and belief that the information provided herein is true,
complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil, or administrative. All records are available for review, and any cost deemed ineligible,
unallowable, undocumented, or duplicated, will be returned to the City.
All records are available for review, and any cost deemed ineligible, unallowable, undocumented, or duplicated, will be returned
to the City.




 Signature Date
 City of Davenport

Department: Administration Action / Date
Contact Info: Hanna Whitehurst | 563-888-2163 12/3/2025

Subject:
Motion approving a contract with Project Renewal in the amount of $50,000 to support the
second phase of their Youth Program Expansion and Renovation project. [Ward 3]

Recommendation:
Pass the Motion.

Background:
In late September 2025, Project Renewal submitted a funding proposal for the City Council’s
consideration. Project Renewal is conducting a campaign for their Youth Program Expansion
and Renovation project. Project Renewal's Youth Programs fill needs for many children who
face challenges of stability, education barriers, and access to opportunities for a successful
future. They help prevent risky behaviors, teach responsible decision-making, and appropriate
conflict resolution. Families utilize their support to care for children while parents work long
hours, complete their education, and/or struggle to overcome obstacles or abuses in their life.

Project Renewal requested $100,000 to support the second phase of its Youth Program
Expansion and Renovation project. This phase focuses on rebuilding the organization’s existing
structure to create an academic hub, expand capacity, and sustain year-round services. Project
Renewal currently serves between 55–75 youth annually, benefiting more than 350 individuals
including families and neighborhood members. To date, the organization has secured
approximately 78.5% of the total project funding.

Based on individual feedback given by Council members regarding the proposal, staff
recommends allocating $50,000 to Project Renewal for the second phase of the Youth Program
and Renovation Project.

Attachments:
1. Contract
 PROJECT RENEWAL
 AND
 THE CITY OF DAVENPORT, IOWA


This contract is made and entered into by and between Project Renewal (hereinafter known as
"Contractor") and the City of Davenport, Iowa (hereinafter known as "The City") upon signatures
of both parties.

Background and Impact
The Contractor is conducting a campaign for their Youth Program Expansion and Renovation
Project. This project includes a total of three properties, two of which are demolitions of previous
buildings on two different properties and one renovation. This summer, they entered the second
phase of the project, the demolition and rebuilding of 510 Warren Street, Davenport, IA that has a
budget of $1,047,607.

The Contractor’s Youth Programs fills needs for many children who face challenges of stability,
education barriers, and access to opportunities for a successful future. They help prevent risky
behaviors, teach responsible decision making, and appropriate conflict resolution. Families utilize
their support to care for children while parents work long hours, complete their education, and/or
struggle to overcome obstacles or abuses in their life. The Contractor’s current demographic results
for youth participants, include: 95% BIPOC (black, indigenous, people of color), 65% from single
parent households and 89% of household make below living wage. Annually, the Contractor
directly impacts 55 - 75 individual youth and over 350 lives of our surrounding families and
neighbors. Services are easily accessible to children and there is no fee to participate. Securing for
the needs of Davenport families will save cost in vital community resources such as crisis care,
hospitalization, emergency room visits, the Iowa Department of Health and Human Services, jails,
prisons, among other costs.

The Contractor is actively supporting, the City of Davenport's 5-year consolidated plan which
identifies as a priority providing services for youth and prioritizes support for human needs for the
citizens of Davenport emphasizing building life and employment skills.

Data and experience explain that children with backgrounds of poverty start school at a
disadvantage and it follows them. To combat this, the Contractor provides academic, recreational,
and social-emotional activities for children through their Youth Programs in a nurturing
environment, serving youth in grades K-12 that would not otherwise have these opportunities,
enhancing their learning with a stronger vocabulary, wider reading, more and varied life
experiences.

Scope of Services
The contract provides funding to support Phase Two of Project Renewal’s Youth Program and
Renovation Project allowing the Contractor to increase capacity and continue offering year-round
academic support as well as experiential learning through field trips and service projects.
Period of Performance
 Services of the Contractor shall start immediately upon full execution of this Agreement and end no later
than January 1, 2027. All of the required activities and services, except for audit, will be completed by or
before this date.

Compensation
The City agrees to pay the Contractor a total reimbursable amount of $50,000.

Requests for Payment
As compensation for the construction, the City agrees to pay the Contractor a total reimbursable
amount of $50,000 which can be paid through a lump sum payment if all documentation is
submitted. All invoices shall be submitted using the City’s standard invoice, Attachment B, but at
a minimum shall include current and cumulative costs, breakdown by major cost category. Along
with the invoice, the Contractor shall include reports and documentation identifying a detailed
accounting of the materials purchased and their cost, as well as the contracted and in house labor
costs involved by line item. Reimbursements for materials/supplies will not be processed until said
materials have been installed. Invoices and questions concerning invoice receipt or payments shall
be directed to the Program contact, shown in Attachment A.

Final Statement of Costs
A final statement of cumulative costs incurred, marked "FINAL" must be submitted to the Program
contact, as shown in Attachment A, not later than 30 days after the contract term has ended or the
contract has been terminated, whichever comes first. The final statement of costs shall constitute
the Contractor’s final financial report.

Reports
The Contractor shall submit written reports to the City of Davenport at the intervals specified
herein. The first report shall be due six (6) months following the commencement of operations at
the new building, and the second report shall be due one (1) year after the commencement of such
operations.
Each report shall include, at a minimum, the following information:
 • A description of the services offered at the new building during the reporting period; and
 • Any additional information relevant to the operations and activities of Project Renewal as
 may be reasonably requested by the City.

All reports required under this Section shall be delivered to the City of Davenport at the addresses
and contacts set forth in Attachment A of this Agreement.

Record Preservation
Contractor shall preserve and make available all records related to this Contract for examination
and audit by the City or their authorized representatives if needed.

Amendments and Modifications to this Contract
Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts
cited in this Agreement, and any changes requiring prior approval, shall be directed to the PTE's
Financial contact and the Contractor’s Program contact shown in Attachment A. Changes made to
this Contract requires the written approval of each party’s Program Official as shown in
Attachment A.

Use of Name
Neither party shall use the other party’s name, trademarks, or other logos in any publicity,
advertising, or news release without the prior written approval of an authorized representative of
that party. The parties agree that each party may use factual information regarding the existence
and purpose of the relationship that is the subject of this Agreement for legitimate business
purposes, to satisfy any reporting and funding obligations, or as required by applicable law or
regulation without written permission from the other party. In any such statement, the relationship
of the parties shall be accurately and appropriately described.

Indemnification by Contractor
 The Contractor agrees to indemnify, defend, and hold harmless the City of Davenport, its elected
officials, officers, employees, agents, and representatives from and against any and all claims,
liabilities, losses, damages, costs, or expenses (including but not limited to reasonable attorney's
fees) arising out of or related to:

 1. Any breach by the Contractor of its obligations under this Contract;
 2. Any injury or damage to persons or property caused, in whole or in part, by the negligent
 acts, errors, omissions, or willful misconduct of the Contractor, its employees, agents,
 subcontractors, or any person or entity acting on its behalf in the performance of services
 funded under this Contract;
 3. Any claims, demands, or actions brought against the City that arise from or are connected
 with the Contractor’s performance or failure to perform under this Contract, except to the
 extent such claims or damages arise from the City's own gross negligence or willful
 misconduct;
 4. Any misuse of the funds provided by the City under this Contract, including any failure to
 use the funds in accordance with applicable laws, regulations, or the terms of this Contract.

Limitation of City's Liability
The City’s role in this Contract is limited to providing financial support for the services to be
rendered by the Contractor. The City shall not be liable for any acts, errors, or omissions of the
Contractor, its employees, agents, subcontractors, or any other person or entity providing services
under this Contract. The City assumes no responsibility or liability for the performance of services
funded under this Contract, except to the extent of its financial contribution.

Indemnification by the City
 The City agrees to indemnify, defend and hold harmless the Contractor, its directors, officers,
employees, agents, and representatives from and against any and all claims, liabilities, losses,
damages, costs, or expenses out of or related to:

 1. Any material breach by the City of its obligations under this Contract;
 2. Any proven misuse of funds by the City that results in claims or liabilities for the
 Contractor, except to the extent such claims or damages arise from the Contractor's own
 negligence or willful misconduct.


Termination for Convenience
Either party may terminate this Contract for any reason by providing written notice to the other
party at least thirty (30) days in advance. Upon termination, the City shall pay the Contractor for
all services performed and expenses incurred up to the date of termination, provided such services
and expenses are in accordance with the terms of this Contract.

Termination for Cause
The City may terminate this Contract immediately, with written notice to the Contractor, if:

 1. The Contractor fails to comply with any material term or condition of this Contract;
 2. The Contractor misuses the funds provided by the City or fails to use the funds in
 accordance with applicable laws, regulations, or the terms of this Contract;
 3. The Contractor becomes insolvent, files for bankruptcy, or is subject to any other
 proceeding related to its liquidation or insolvency; or
 4. The Contractor engages in any illegal activities or practices that could harm the reputation
 or interests of the City.
 5. The federal funds that are allocated or intended to be used for the performance of this
 Contract become unavailable, reduced, or withdrawn for any reason.

Notice to Cure
If the City intends to terminate this Contract for cause based on a breach by the Contractor, the
City shall provide written notice to the Contractor specifying the nature of the breach. The
Contractor shall have thirty (30) days from receipt of such notice to cure the breach. If the
Contractor fails to remedy the breach within the specified time, the City may then terminate the
Contract effective immediately upon providing written notice to the Contractor.

Effect of Termination
Upon termination of this Contract for any reason:

 1. The Contractor shall cease all activities related to this Contract and shall provide the City
 with a final report of the services performed and expenditures made using the funds
 provided.
 2. Any unspent funds provided by the City must be returned to the City within ten (10) days
 of the termination date.
 3. Termination of this Contract shall not affect the rights or obligations of either party that
 have accrued prior to the termination date.

Survival
The provisions of this Contract that by their nature should survive termination shall remain in
effect, including but not limited to indemnification, liability, and confidentiality obligations.
Miscellaneous

 ➢ Governing Law: This Contract shall be governed by the laws of the State of Iowa.
 ➢ Entire Contract: This Contract constitutes the entire Contract between the parties and
 supersedes all prior Contracts and understandings.
 ➢ Amendments: Any modification of this Contract must be in writing and is valid only when
 executed by the fully authorized representatives of the parties hereto.
 ➢ City Council Approval: The entirety of this agreement is subject to and wholly dependent
 upon the approval of the Davenport City Council. Once the agreement is approved by the
 City Council, the Mayor of Davenport or his authorized signatory will execute the
 agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Contract
as of the day and year first above written.

THE CITY OF DAVENPORT, IOWA


By: ___________________________


Name: Mike Matson


Title: Mayor, City of Davenport


Date: _________________________



PROJECT RENEWAL


By: ___________________________


Name:


Title:


Date: ________________________
 ATTACHMENT A
 Approved Contacts



 Entity Information
 City of Davenport Contractor
 City of Davenport, Iowa Project Renewal
 City Name Contractor Name
 226 W 4th Street 906 West 5th Street
 Address Address
 Davenport, IA 52801 Davenport, IA 52802
 City, St. ZIP City, St. ZIP
 https://www.davenportiowa.com/ https://www.projectrenewal.net/
 Website Website


 Program Contact

Name: Hanna Whitehurst Name: Ann Schwickerath
Phone: (563) 888-2163 Phone: 563-324-0800
Email: hanna.whitehurst@davenportiowa.com Email: ann@projectrenewal.net


 Authorized Official

Name: Tim Gleason Name: Ann Schwickerath
Phone: (563) 326-7792 Phone: 563-324-0800
Email: tim.gleason@davenportiowa.com Email: ann@projectrenewal.net
 ATTACHMENT B
 INVOICE | REQUEST FOR PAYMENT




 REQUEST DATE:

 VENDOR:
 REQUEST NO.: ____________________
 REPORTING PERIOD: __

 REQUEST ALREADY
 NO. AMOUNT DRAWN BALANCE
 1 CONTRACT AMOUNT: $50,000
 2
 3 THIS REQUEST: ________________
 4
 ALREADY DRAWN: _____________
 5
 6 TOTAL EXPENDED: _____________
 7
 8
 9
 REMAINING CONTRACT BALANCE:
 10
 11 _____________________________
 12
 13
 14
 15



CERTIFICATION
By signing this request for payment, I certify to the best of my knowledge and belief that the information provided herein is true,
complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil, or administrative. All records are available for review, and any cost deemed ineligible,
unallowable, undocumented, or duplicated, will be returned to the City.
All records are available for review, and any cost deemed ineligible, unallowable, undocumented, or duplicated, will be returned
to the City.




 Signature Date
 City of Davenport

Department: Police Action / Date
Contact Info: Chief Bladel | 563-326-6133 | 12/3/2025

Subject:
Motion approving the purchase of 140 ballistic helmets and chin straps from Team Wendy of
Cleveland, Ohio in the amount of $89,896.08, CIP #63026. [All Wards]

Recommendation:
Pass the Motion.

Background:
A sole source procurement justification is on file with the Purchasing Division.

This purchase will provide new ballistic helmets for the Police Department as the current
helmets, purchased in FY 2021, have reached the end of their five-year certification for ballistic
protection and are in need of replacement.

Funding for this purchase comes from CIP #63026 | Ballistic Helmet Replacement.

Attachments:
None