1976 September 7 Council Proceedings re Five Flags Referendum458 Regular Session, September 7, 1976 Regular Session, September 7, 1976
Section 3, That a certified copy of this
Resolution be filed in the office of the
recorder in and for Dubuque County,
Iowa.
Passed, adopted and approved this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution and that a public hear,
ing be held on the resolution on Octoher
4, 1976, at 7;
30 o'
clock
P.
M. in the
Council Chamber at City Hall and City
Clerk be directed to publish notice of
hearing in the manner as required by
law. Seconded hy Conncilman Wertz-
herger. Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
Proof of Publication, certified to by
the Publisher, of Notice of time and
place of hearing to dispose of Lot 9 of
Block I of River Front Sub. No.
5, pre-
sented and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing. Councilman Stackis moved
that the proof of publication be received
and filed. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Lundh, Councilman
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO. 324-
76
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published in the City of Dubuqne,
Iowa, on August 19, 1976, the City
Council of the City of Dubuque, Iowa
met on the 7th day of September, 1976,
at 7:
30
o'
clock
P.
M. (Central Dayligbt
Time) in the City Council Chambers,
City Hall, Dubnque, Iowa, to consider
proposai to dispose of interest of the
City of Dubuque, Iowa in real estate,
hereinafter described to Thermo King
Sales & Service of Dubuque Inc.; and
WHEREAS, City Council of City of
Dnbuque, Iowa overruled any and áll
objections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the hereinafter de.
scribed real estate to Thermo King Sales
Service of Dubuque Inc:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the disposal of inter-
est of City of Duhuque, Iowa in the
following described real estate, to-
wit:
Lot 9 of Block I of River Front Sub-
division No.
5 in the City of Dubuque,
Iowa
to Thermo King Sales & Service of
Dubuque Inc., he and the same is hereby
approved for the total purchase price of
44,
556.65, and other good and valuabie
consideration suhject to the following
terms and conditions:
1. That said real estate be sold to
Thermo King Sales & Service of
Dubuque, Inc. for the construction
and erection of a building thereon
approximately 15,
000 square feet in
size to provide for manufacturing
purposes, office space, convenience
and parts room.
2. That the sale price for said real es-
tate shall be $20,
908.80 per acre or
44,
556.65 for the total purchase price,
with ten percent thereof being paid as
down payment, receipt whereof is
hereby acknowledged by the City.
3. That construction of said building
shall be commenced within one (I)
year from date of delivery of deed and
the passage of this Resolution and
shall be completed within twenty-
four (24) months of delivery of deed
and upon failure so to do or failure to
make improvements to the land
within eighteen (18) months by Ther-
mo King Sales & Service of Dubuque,
Inc., purchaser, then said real estate
shall automatically revert to the City
of Dubuque, Iowa and purchase price,
less damages, shall be refunded to the
purchaser.
4. That the construction of all build-
ings, yards, parking lots, fences and
ancillary improvements shall be con-
structed in conformance with City
codes, and manufacturing processes
carried out in accord with City
Ordinances.
5. That the City of Dubuque, Iowa
retains a perpetual easement for ex-
isting waterlines, existing sanitary
sewer and storm sewer lines and for
utilities, togetber witb right of ingress
and egress to repair, inspect and
maintain the same.
6. Seller shall furnish abstract of title
and conveyance shall be by Quit
Claim Deed. ",
Section 2. That the city Clerk be and
459
he is hereby directed and authorized to
deliver deed of conveyance conveying
the above described real estate to
Thermo King Sales & Service of
Dubuque, Inc. upon receipt of the pur-
chase price in full.
Section 3, That the City Clerk he and
he is hereby authorized and directed to
record a certified copy of this Resolu-
tionin the office of the Dubuque County
Recorder.
Passed, approved and adopted this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adoption
of the resolution. Seconded by Conncil-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzherger.
Nays-
None.
Absent - Councilman Tuily.
RESOLUTION NO. 325-
76
Resolution accepting, ratifying
and conllrmlng results of Dubuque
County Supervisor'
s Canvass 01
Civic Center Election conducted
on August 17,
1976.
WHEREAS, an election held on
August 17, 1976 under the supervision
of the Commissioner of Elections, of
Dubuque County, Iowa, on the follow-
ing proposition to -wit:
Shall the City of Dubuque, Iowa,
issue its bonds in an amount not ex-
ceedingtheamount of$
3,
700,
OOO. for
the purpose of constructing and
equipping a Civic Center and ac.
quiring a site therefor in said City?"
and
WHEREAS the County Commis-
sioner of Elections has submitted an
Election report to the County Board of
Supervisors on August 23,
1976, and
WHEREAS the County Board of
Supervisors have adopted a resolution
canvassing and declaring the results of a
special election on a City of Dubuque
Civic Center Bond proposition as con-
ducted in each voting precinct in the
City, and
WHEREAS it is fonnd and determined
that tbe total number of affirmative
votes on said proposition at said elec-
tion was equal to more than sixty per
cent (60%) of the total vote cast at said
election and is in effect.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Tbat the Election report and Canvass
of the Board of Supervisors as submitted
on the proposition:
Shall the City of Duhuque, Iowa, issue
its bonds in an amount not exceed-
ing the amount of $3,
700,000. for the
purpose of constructing and equip.
ping a Civic Center and acquiring a
site therefor in said City?" as voted
upon by the citizens of Dubuque
Iowa on August 17, 1976 is hereby
accepted ratified and confirmed.
Passed, adopted and approved this
7th day of September, 1976.
Alvin E. Lundh
Mayor
Richard Wertzberger
James E. Brady
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Mayor Lundh. Carried by the following
vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays - None.
Absent - Councilman Tully.
ELECTION REPORT
I, Harold P. Meloy, County Auditor of
Dubuque County, Iowa, and as such
County Commissioner of Elections of
said County, do hereby find, determine
and declare the following;
1. That the precinct election officials
of the special municipal election held in
and for the City of Duhuque, in
Dubuque County, Iowa, on August 17,
1976, on the following proposition,
to-
wit;
Shall the City of Dubuque, Iowa,
issue its bonds in an amount not
exceeding the amount of $3,
700,000
for the purpose of constructing and
equipping a Civic Center and ac-
quiring a site therefor in said City?
have filed their returns, which bave
been duly examined and verified.
2. That a total of 11,
115 hallots, in-
cluding 350 absent voters ballots, were
cast at said election on said proposition,
of which 7680 votes were cast "Yes",
and 3293 votes were cast "No" and 142
ballots were blank or defectivelymarkedonsaidproposition.
3. That a record of the votes cast on
460 Regular Session, September 7, 1976
said bond proposition at said election by
precincts is hereby made as follows:
Blank
or Total
Delective Ballots
11 415
5 216
8 338
I 550
5 328
3 291
4 210
5 267
8 273
3 398
7 521
3 447
4 612
3 397
6 450
2 466
6 622
6 438
10 610
11 554
5 525
10 434
4 448
5 535
2 420
Precincts Yes No
1 271 133
2 155 56
3 202 128
4 377 172
5 189 134
6 198 90
7 139 67
8 179 83
199 66
10 298 97
11 368 146
12 349 95
13 432 176
14 268 126
15 324 120
16 333 131
17 400 216
18 275 157
19 419 181
20 354 189
21 367 153
22 306 118
23 280 154
24 392 138
25 321 97
Absentee
Ballots 285 60
4. That the votes cast in favor of said
proposition at said election wcre equal
to at least sixty per cent (60%) of the
total votes cast for and against said
proposition at said election, and that
said proposition has been duly carried
and adopted.
5. That the total number of ballots
cast at said election, including absent
voters ballots, as shown by the election
registers was 11,
115.
This Election Report constitutes my
official canvass of the results of said
election on tbe foregoing proposition.
WITNESS my official signature and
the seal of said County hereto affixed at
Dubuque, Iowa, this 23rd day of August,
1976.
Harold P. Meloy
County Commissioner
of Elections
SEAL)
STATE OF IOWA
COUNTY OF DUBUQUE
Subscribed and sworn to before me
this day, the date last above written.
Leroy L. Meyer
Clerk of District
Court
Resolution canvassing and de-
Regular Session, September 7, 1976
cast by precincts on said proposition is
hereby made as follows:
Blank
or Totel
No Delective Ballots
133 11 415
56 5 216
128 8 338
172 1 550
134 5 328
90 3 291
67 4 210
83 5 267
66 8 273
97 3 398
146 7 521
95 3 447
176 4 612
126 3 397
120 6 450
131 2 466
216 6 622
157 6 438
181 10 610
189 11 554
153 5 525
118 10 434
164 4 448
38 5 535
97 2 420
350
clarlng the results 01 a special
election on a City 01 Dubuque Civic
Center bond proposition.
WHEREAS pursuant to a resolution
heretofore adopted by the City Council
of the City of Duhuque, Iowa, and an
Election Order issued by the Dubuque
County Commissioner of Elections,
there was duly submitted to the voters
of said City at a special election held in
and forsaidCity on August 17,
1976, the
following proposition:
Shall the City of Dubuque, Iowa,
issue its bonds in an amount not
exceeding the amount of $3,
700,000
for the purpose of constructing and
equipping a Civic Center and ac.
quiring a site therefor in said City
and
WHEREAS the election on said
proposition was duly and legally called
and held on said date and the precinct
election officials of said election have
filed their returns, which have been duly
examined and verified, and the County
Commissioner of Elections has filed
with this Board an Election Report with
respect to the results of said election;
NOW, THEREFORE BE IT AND IT IS
HEREBY RESOLVED by the Board of
Supervisors of the County of Dubuque,
in the State of Iowa, as follows:
Section 1. That upon being duly ad-
vised in the premises it is hereby found,
determined and declared that the elec-
tion on the proposition referred to in the
preamble hereof was held and conduct-
ed in each of the voting precincts of the
said City pursuant to due notice and
during the proper hours and in strict
compliance with law and that said
proposition and the adoption thereof
complies strictly with law.
Section 2. That it is hereby found,
determined and declared that the elec-
tion on the proposition referred to in the
preamble hereof was favorahle thereto:
that the total number of affirmative
votes on said proposition at said elec-
tion was equal to or more tban sixty per
cent (60%) of the total vote cast for and
against said proposition at said election
and is in effect.
Section 3. That it is hereby found,
determined and declared that a total of
11,
115 ballots, including 350 absent
voters ballots, were cast at said election
on the aforesaid proposition, of which
7680 votes were cast "Yes", 3293 votes
were cast "No" and 142 ballots were
case blank or defectively marked.
Section 4. That a record of the votes
Precinct Yes
1 271
2 155
3 202
4 .377
5 189
6 198
7 139
8 179
9 199
10 298
11 368
12 349
13 432
14 268
15 324
16 333
17 400
18 275
19 419
20 354
21 367
22 306
23 280
24 392
25 321
Absentee
Ballots 285 60 5 350
Section 3. That the total number of
ballots cast at said election, including
absent voters ballots, as shown by the
election registers, was 11,
115.
Section 4. That all resolutions and
orders or parts thereof, insofar as same
may be in confiict herewith, are hereby
repealed and this resolntion shall
become effective immediately.
Passed and approved August 23,
1976.
Wilfred Bahl
Chairman of the Board
of Supervisors
ATTEST:
Harold P. Meloy
County Auditor
Recorded August 23,
1976.
Harold Meloy
County Auditor
September I, 1976
Honorable Mayor and
City Councilmen
This is to certify that the Board of
Supervisors has canvassed the vote by
the electorate on the proposition to
issue general obligation bonds in tbe
arnonnt of $3,
700,
000.
00 for the purpose
of constructing and equipping a Civic
Center and acquire a site therefor in the
City of Dubuque, which canvass shows
tbat the affirmative vote cast for said
proposition was in excess of the statu-
461
tory limits and consequently said
proposition has been passed favorably
upon hy the electorate.
At this time the Council should direct
the City Attorneys Office as to when
they desire the City Attorney to proceed
with the preparation of the general ob-
ligation bonds issue proceedings in
order to prepare for the sale of same.
Awaiting your earliest directions in
this matter, I am,
R. N. Russo
City Attorney
Mayor Lundh moved that the com-
munication be received and filed and
City Attorney directed to proceed im-
mediately with bond proceedings.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stackis, Wertzberger.
Nays-
None.
Absent - Councilman Tully.
August 27, 1976
To the Honorable Mayor
and City Council
Enclosed find our June 30, 1975 to
June 30, 1976 Street Finance Report
which includes all income and expendi-
tures for Street purposes.
The first column contains the entire
Road Use Tax accounting which is con-
struction, road maintenance snow
removal and street cleaning.
The second column consists of street
fund accounts derived mainly from
property taxes and assessments paid by
residents within thirty days of the levy
for street paving projects.
The third column accounts for all
other funds contributing to street relat-
ed expenditures. Such as street lighting,
street storm sewer cleaning and traffic
signal lighting and maintenance.
The total expenditure for street relat.
ed purposes this year is $2,
359,308.
The report also includes a parking
report showing all parking income and
expenses.
Gilbert D. Chavenelle
City Manager
Mayor Lundh moved that the com-
munication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Lundh, Councilmen
Brady, Stack is, Wertzberger.
Nays - None.
Absent - Councilman Tully.
RESOLUTION NO 326-
76
Approving OHicial Report 01 Mun-
Icipality lor Municipal Streets and
Parking lor 1975.
WHEREAS, an official report of