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1969 September Council Proceedings Regular Session, September 1, 1969 383 CITY COUNCIL! Regular Session, September I, 1969. No members of tbe City Council being present lbe meeting was ad- journed subject to call. Leo F. Frommelt City Clerk. OFFICIAL Approved 1970 I ¡ 1970 ' Approved ---------....--......-...,..-.......,-................ ------..---..--.......-........................ ¡ ! -----....--......-.....-........................... I ---..--..........-........... , i -------"""-"""ëõüñëïiñïëñ""""" ! Attest: """""""""""""ëiiŸ"'ëï~;k"" ! 384 Adjourned Regular Session, September 2, 1969 CITY COUNCIL (OFFICIAL) Adjourned Regular Session September 2, 1969. Council met at 7:30 p.m. (D.S.T.) Present - Mayor Pregler, Coun- cilmen Couchman, Meyers, Me, Cauley, Schultz. City Manage, Gilbert D. Chavenene. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an ADJOURNED MEETING OF THE REGULAR MEETING OF SEPTEMBER 1,1969, called for the purpose of acting upon such busi. ness as may properly come before the meeting. Proof of Publication, certified to by the Publisher, of Statement of receipts and a list of claims for which warrants were issued duro ing the month of July 1969, pre. sented and read. Councilman Meyers moved that tbe proof of publication be receiv. ed and filed. Seconded by Councilman Schu. ltz. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCau- ley, Schultz. Nays - None. August 28, 1969 The Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and policies, and desire to have your approval on same. COMPREHENSIVE LIABILITY Curtis Straub Company - State Automobile & Casualty Under- writers SIDEWALK Vincent Conrad - Merchants Mu- tual Bonding Co. Goetz Concrete Construction Co.- Merchants Mutual Bonding Co. Richard Magnall - Merchants Mutual Bonding Co. Richard Ruden - Merchants Mu- tual Bonding Co. Respectfnlly, Gilbert D. Chavenelle City Manager Councilman Meyers moved ap- proval of the filing of tbe policy and bonds subject to approval of the City Attorney. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. September 2, 1969 To the Honorable Mayor and City Council Gentlemen: I request aUthority be granted Mr. Leo F. Frommelt to sign city papers for the City Manager dur- ing my absence from the city for a few days, beginning Septem- ber 10th. These papers will consist mostly of purchase orders and vouchers. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the request. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays - None. September 2, 1969 To tbe Honorable Mayor and City Council Gentlemen: The attached letter represents the completion of the project be- gun earlier this year to consoli- date the myriad of burglar alarm systems into a single panel at the police department headquarters. All costs were absorbed by the several firms which install burg- lar alarm systems in Dubuque, according to the number of con- nections each had terminating at police headquarters when the panel was installed. The remaining 64 openings on the panel fall to the ownership of the City of Dubuque as a part of the agreement. The City will charge $15 per additional installa. tion to set aside sufficient funds to install a second panel, when and if it is necessary. The improvement should be formally accepted by the City, with a special note of appreciation to Carl Weimerskirch of Tri.State Fidelity Protective Associates for accepted responsibility to install the new panel. Cordially, George A. Lipper Admin. Assistant Mayor Pregler moved accept- ance of the improvement. Adjourned Regular Session, September 2, 1969 385 Seconded by Councilman Schu- It.. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCan- ley, Schultz. Nays - None. On July 23, 1969, C1etus J. Golinvanx of 595 Clarke Drive, Dubuque, Iowa filed claim against the City of Dubnque, Iowa for damage in the amount of $100.00 allegedly suffered early in July, 1969 as the resnlt of dead tree limbs falling on tbe roof of his home. This matter was referred to the appropriate City Agency who made an investigation tbereof and re- ported by letter to this office on August 26, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Cletus J. Golinvaux be denied. Original claim is attached here- to. Respectfully submitted R. N. Russo City Attorney Councilman Meyers moved ape proval of tbe recommendation. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, S<hultz. Nays - None. Notice of claim of Ray Leppert of 1220 Park Street, in the a- monnt of $50.62, for car damage incurred as the result of striking a defective manhole cover in tbe road on the west side of the harbor on August 20, 1969, pre- sented and read. Mayor moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays - None. Petition of Mr. and Mrs. J. P. Miller of 2303 Windsor Ave. re- questing enforcement of the health ordinance and safety laws to clean up the area along the fence that separates the properties at 2303 and 2305 Windsor Ave. which is overgrown with weeds and brush, presented and read. Mayor Pregler moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays - None. Proof of Publication, certified to by the Publisher, of notice pnblic hearing to amend the Zon- ing Ordinance so as to change City Lots 101 thru 108 and all of City Lots 137 to 140 from Multiple Residence District Classification to Business District Classification, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. ORDINANCE NO. 33419 An Ordinance Amencling end changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described de- scribed from "Multiple Residence District" Classificalion to "Busi. ness District" Classification (be- tween fourth and fifth and Locust and Bluff Streets) said Ordinance having been previously presented and read at the Council meeting of May 5, 1969, presented for final adoption. Adjourned Regular Session, September 2, 1969 387 Adjourned Regular Session, September 2, 1969 , Ordinance No. 34-69 puruant to I Article XV Section 3 of the Zon- ing Ordinance of the City of Dubuque (33 siguatures) covering the lots in A. P. Woods Addn., McGraths Sub. & Kirkwood Place, presented and read. Mayor Pregler moved tbat the petition be received and filed. Seconded by Councilman Mey- ers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays - None. Mayor Pregler moved tbat the rules be suspended in order to let anyone present address the Coun- cil if tbey so desire. Seconded by Councilman S<hu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau. ley, Schultz. Nays-None. Attorney Van Etten represent- ed a group of objectors to the rezoning of the Blake Street and Kirkwood area by stating the area was single family since 1940. There are forty to forty five Iota not yet developed beside the present request. Attorney Wm Fuerste representing Werneke stated that tbe character of the neighborhood is forest. Mr. John Middleton, Mrs. Richard Kolek, Rex Rey- nolds, and Mrs. Richard Royall spoke in opposition to the pro- posed rezoning for various reasons. After considerable discussion. Mayor Pregler moved tbat dis- cussion on the subject be closed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays - None. ORDINANCE NO. 34-69 An Ordinance Amending and changing Ordinance No. ~ known a. The Zoning Map and Zoning Ordinance of the City of Dubuque so as to change Lots 34, 3S, 36, 83, 84 an Lot. 90 through 98 an In A. P. Wood. Subdivision, Lot 1 and Lot 2 in McGrath's Subdivision and the westerly 76 feet of Lot 1, and Lot 2 of Kirkwood Place, said Ordinance having been previously 386 presented and read at the Coun- cil meeting of August 4, 1969, presented for final adoption. Councilman Meyers moved that the Ordinance be denied. Seconded by Councilman Schu- ltz. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Meyers, Schultz. Nays - Councilmen Couchman, McCauley. RESOLUTION NO. 276-69 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for the construc- tion of 1969 Traffic Signal Pro- ject No.1 at the following intersections: John F. Kennedy and Pennsylvania, Loras and Grandview, Dodge and Bryant, at an estimated cost of $18,473.89, presented and read. Councilman Meyers moved adoption of the resolution. Seconded by Councilman S<hu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCau- ley, Schultz. Nays - None. (Necessity for Improvement) RESOLUTION NO. 277-69 WHEREAS, proposed plans, spe- cifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and ate now on file in the office of the City Clerk showing among other things the following: 1. An estimate of the cost of the proposed improvement. for the 1969 Traffic Signa' Pro. loct No.1 at the following inter- sections: John F. Kennedy & Pen- nsylvania, Loras & Grandview, Dodge & Bryant. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- abie and necessary for the public welfare to make tbe herein men- tioned improvement, and unless property owners at the same time of the final consideration of this proposed resolution have on file with tbe City Cierk objections to the amount of the cost of im- provement, they shall be seemed to have waived all objections tbereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Utili- ties Fund. The above resolution was in- troduced, approved, and ordered placed on file with the City Clerk this 2nd day of September, 1969. Approved and placed on file for final action. APPROVED: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen cIWt't.'r:,,¡~'~~~~h,¡ge,~n;'h"'br.: of Dobo"oe, Iowa. Po"", o..roved end edo.1ed thl' 2nd doV of September, '969. WALTER A. PREGLER SYLVESTER ' MERLIN F. DONALD R GAYLORD' ATTEST' . F. Frommelt .lollv In Tho Tele....h- or thl' Sth day of .... Loo F. Frommell CItY Cierk Councilman Meyers moved final adoption of tbe ordinance. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- I men Couchman, Meyers, McCau- ley, S<hultz. Nays - None. Proof of Publication, certified to by tbe Publisher, of notice of public hearing to amend Zoning Ordinance No. 3-34 so as to change Lots 34, 35, 36, 83, 84 and lots 90 thru 98 all in A. P. Woods Sub., Lot 1 and 2 in McGraths Sub., and the Westerly 76' of Lot 1 and 2 in Kirkwood Place in the City of Dubuque, Iowa from Two Family Residence District Classification to Multiple Residence District Classi- fiC~~~:~il::~en~:uc~~a:ea~oved I that tbe proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Councii- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. Petition of Jon B. Middieton et al (81 signatures) Dbjecting to the rezoning of tbe lots in A. P Woods Addn., McGrath's Sub., & Kirkwood place, presented and read. Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. (Ordering Construction) RESOLUTION NO. 278-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 277- 69 which was duly passed by this Council for the 1969 Traffic Sign- al Project No.1 be and the same are hereby ordered and construct. ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of tbe said improvement be paid from the Utilities Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various bu- August 27, 1969 Hon. Mayor & City Council I Gentlemen: Mayor Pregler moved that the petition be received and filed. Seconded by Councilman Mey- ers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays - None. Petition of Protest against change in Zoning Boundaries from Two Family to Multiple Family ReSidence District as proposed in ....... 388 Adjourned Regular Session, September 2, 1969 provements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NEC. ESSITY shall be in force and ef- fect from and after its passage and adoption by the City Coun- cil. Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. (Fixing Date of Hearing) RESOLUTiON NO. 279-69 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on tbe proposed plans, specifications, and form of contract and placed same on file in tbe office of the City Clerk for public inspection for the 1969 Traffic Signal Pro- ject No.1 BE IT THEREFORE RESOLV- ED that on the 22nd day of Sept- ember, 1969 a public hearing will be held at 7:30 P.M. in tbe Coun- cil Chamber of the City of Dubu- que at which time the objectors for the proposed improvement may appear and make objection to the proposed plans and speci- fications and proposed form of contract, to tbe cost of the im- provement and the City Clerk be and he is hereby directed to cause a. notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its considera- tion, and said C1erk is further instrncted to advertise for pro. posals for the construction of the aforementioned improvement. Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M- Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. Proof of Publication, certified to by tbe Publisher, of Notice of public hearing to consider City Manager's report as to the condi- tion of the building located at 233 Main. Street, owned by Marion J. Ryder, described as the N. 42' of City Lot 75A in tbe City of Dubu- que, presented and rear!. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Cow:h- man. Carried by the following vow: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, S<hultz. Nays - None. Statement of City Clerk certify- ing that notice of public hearing was mailed by certified mail on August 8, 196!}, to Marion J. Ryder at 433 Bluff relative to consideration of Manager's report and public hearing on the condi- tion, of her property at 233 Main Street, presented and read. Councilman Schultz moved tbat tbe statement he received and filed. Seconded by Councilman Mey. ers. Carried by the following vote! Yeas - Mayor Pregler, C011lU>il- men Couchman, Meyers, McCau- ley, Schultz. Nays - None. RESOLUTION NO. 280-69 Autborizing the City Manager tcr cause tbe structure at 233 Main Street owned by Merion J. Ryder . to, be either repaired or dismantl- ; ed, presented and read, Adjourned Regular Session, September 2, 1969 389 Building Commissioner Donald Bandy advised the Council that progress is being made in the :repair of the building. Marion lIyder is in the process of pro- <CUring plans and information as to tbe .possible repair of the 'Structure and recommended that the Council grant additional time before taking final action. Councilman Couchman moved !that final action be delayed tbirty days. -Seconded by Councilman Mc- Clmley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schuitz. Nays - None. RESOLUTION NO. 281-69 WHEREAS, a plat of vacated ,portion of Marshall Street in the City of Dubuque, Iowa being the Easterly 25 feet of said street abutting Lot 1 of Block 16 of .Riverfront Subdivision No.3 in tbe City of Dubuque, Iowa, dated March 25, 1969, has been prepared by Cullen-Schiltz & Associates, Inc.,engineersand surveyors, and WHEREAS, said plat conforms to tbe laws and ordinances pel'- wining to the plats of real estate and same should be approved. NOW THEREFORE BE IT HE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Sadlon 1. That the plat of vacated pörtion of Marshall Street being the Easterly 25 feet of said street abutting Lot 1 of Block 16 of Riverfront Subdivision No.3 in the City of Dubuque, Iowa dated March 25, 1969, and pre- pared .by Cullen-Schiltz & Asso- ciates, Inc., engineers and sur- veyors, be and tbe same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and .directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of September, 1969. Walter A. Pregler Mayor Syl"i'ester McCaul~ 'Merlin F. Schultz Donald R. Meyers Gaylord M. CòUehman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the fonowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers,McCau- ley, Schultz. Nays-None. Proof of Publication, certified to by tbe Publisher, of notice of time and place of hearing to dis- pose of Lot 2 Block 16 Riverfront Subdivision No.3. and the vacated portion of Marshall Street abutt- ing Lot 1 of Block 16, of River- front Subdivision No.3 to Bradley Iron Works, presented and read. No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councibuan Meyers mdVed that tbe proof of publication be receiv- ed and filed. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. RESOLUTION NO. 282.69 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a news- paper of general circulation published in the City of Dubuque, Iowa on August 11, 1969 and AUgust 18, 1969, City Council of Dubuque, Iowa met on the 2nd day <>f September, 1969 at 7:30 P.M. (Daylight Savings Time) P.M. in the City Council Chamber City Hall, Dubuque, Iowa, to con- sider tbe proposal to dispose of interest of the City of Dubuque to Lot 2, Block 16, Riverfront Subdivision No.3 and the vacated portion of Marshan Street abut- ting Lot 1 of Block 16, of River- front Subdivision No.3, in the City of Dubuque, Iowa, subject to existing easements, to Bradley Iron Works, Inc., and, WHEREAS, City Council of Du- bnque, Iowa, overruled any and an objections oral or written, to tbe proposal to dispose of interest of City of Dubnque, Iowa, in the 390 Adjourned Regular Session, September 2, 1969 above described real estate to Bradley Iron Works, Inc. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of Cit)' Dubuque, Iowa, in reai estate to Bradiey Iron Works, Inc. covering tbe follow- ing described reai estate, to-wit: Lot 2, Biock 16, Riverfront Sub- division No.3 and the vacated portion of Marshall Street abut- ting Lot 1 of Biock 16, of River- front Subdivision No.3, in the City of Dubuqne, Iowa, subject to existing easements for the purchase price of twenty cents ($.20) per square foot, for approximately 121,000 square feet, be and tbe same is hereby approved, subject to the following terms and conditions, to-wit: A. That said real estate be sold to Bradiey Iron Works, Inc. for expansion of its operations in Industrial Park all of which real estate contains approxi- I mately 121,000 square feet. B. That the sale price of said real estate shall be twenty cents ($.20) per square foot, and surveying of the plats shall be done at buyer's expense. C. That Bradley Iron Works, Inc. shall pay for the Southerly 200 feet of said Lot 2, Block 16, Riverfront Subdivision No.3 and the vacated portion of Marshall Street abutting Lot 1 of Block 16 upon receipt of Quit Claim Deed therefor. That Bradley Iron Works, Inc., shall pay ten percent (10%) down of the cost of the northerly. most 114.23 feet with balance of said purchase price to be paid on or before one (1) year from date of delivery of Quit Claim Deed conveying the Southerly 200 feet of said iot and the portion of vacated Marshall street. D. That all operations and con- struction at the site be in con- formity with the conditions prevalent in the recommenda- tion by the MAYOR'S INDUS- TRAIL COMMITTEE, and aU buildings, roads, signs, parking lots and storage of Inventory and equipment be In conformity. with city codes and ordinan- I ces. i E. That expansion of operations and improvements to the land shall be made within a reason- able period of time, and should Bradley Iron Works, Inc. elect not to use all tbe described land for expansion, the City of Dubuque, Iowa shall have the first right to repurchase said real estate at a price equal to the price for which said real estate may be sold by the City of Dubuque to another pro- spective buyer. In no event shall Braoley Iron Works, Inc. be required to sell for less than its purchase price from the City plus taxes paid thereon. F. That the City of Dubuque, Iowa retains a perpetual ease. ment for existing waterlines, existing sanitary sewer and storm sewer lines and for utilities together with right of ingress and egress to repair, inspect and maintain the same. Section 2. That the City Clerk be and he is hereby autborized and directed to deliver the said deed of conveyance to Bradley Iron Works, Inc. of Dubuque, Iowa upon receipt of the purchase price of twenty cents ($.20) per square foot for approximately 121,000 square feet. Section 3. That tbe City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in tbe office of the Dubuque County Recorder. Passed, approved and adopted this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of tbe resolution. Seconded by Councilman Mey- ers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. RESOLUTION NO. 284-69 WHEREAS, Fischer Investment Company and City of Dubuque, Iowa have heretofore entered into a written agreement governing the respective rights and obliga- tions of each as pertain to tbe granting of rights of way for tbe Dubuque Local Flood Protection Project, and WHEREAS, one of tbe agreed terms of said easement agreement was tbe conveying by tbe City of Dubuque, Iowa of its interest in and to certain parcels of real estate described as follows; to-wit: In tbe real estate lYing east of and within two hundred eighty two (282) feet of the easterly boundary of Block 24, Dubuque Harbor Co.'s Addition, Sixtb Street, Block 0 Booth's Addi- tion, vacated Fiftb Street, Block N, vacated Fourth Street, Lot 11, 10, 9, 8, 7, 6, and the Nortb 3 feet 3 inches of Lot 5 in Biock M, Booth's Addition aU in tbe City of Dubuque, Dubuque Coun- ty, State of Iowa and, WHEREAS, as part of the agre- ed consideration for said easement agreement, Fischer Investment Company agreed to convey to the City of Dubuque, Iowa all of its interest in and to certain prop- erty in and along the area of tbe Dubuque Local Flood Protection Project as relates to Fischer in- vestment Company. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe conveyance to Fischer Investment Company of the real estate herein above des- cribed pursuant to agreement entered into by and between the City of Dubuque, Iowa and Fischer Investment Company, dated the 31st day of January, 1968 be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in Adjourned Regular Session, September 2, 1969 391 RESOLUTION NO. 283-69 I men Couchman, Meyers, McCau- WHEREAS, Herman J. Lott and ley, Schultz. MarceUa S. Lott have con.veyed Nays - None. by Warranty Deed to the CIty of Dubuque, Iowa the foUowing de- scribed real estate: Lot 2 of Lot 123A Shiptons Ad- 2 of Lot 4 in the NW'I. of the NW¥4 of Section 6, Township 88 North, Range 3 East of the 5th P.M., and Lot 2 of Lot 123A Shipton Ad- dition in Section 1, Township 88, North, Range 2 East of the 5th P.M., All in Dubuque County, Iowa said deed bears date of July 18, 1969 and, WHEREAS, said Herman J. Lott and Marcella S. Lott have granted perpetual easement to City of Dubuque, Iowa, dated July 18, 1969, which respective ease- ments are designated as Ease- ments A, B, C, and D. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe Delivery of Warranty Deed by Herman J. Lott and Marcella S. Lott to the City of Dubuque, Iowa be and the same is hereby accepted. Section 2. That the City Clerk is hereby autborized and directed to execute the certificate on said perpetual grant of said easements. Section 3. That tbe delivery of easement by Herman J. Lott and Marcella S. Lott to the City of Dubuque, Iowa be and the same is hereby accepted. Section 4. That the City Clerk is hereby directed and authorized to file same in the office of tbe Dubuque County Recorder. Passed, approved and adopted this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- Adjourned Regular Session, September 2, 1969 real estate as is by law required. COUNCIL OF THE CITY OF DU- Passed, approved and adopted BUQUE, IOWA: this 2nd day of September, 1969. Section 1. That the City Clerk Walter A. Pregler be and he is hereby authorized Mayor and directed to publish according Sylvester McCauley to law "Notice of Sale-Project Merlin F. Schultz Notes" in the form of Exhibit Donald R. Meyers "A" attached hereto and made a Gaylord M. Couchman part hereof. Councilmen Section 2. That tbe City Clerk Attest: be and he is hereby authorized Leo F. Frommelt and directed to accept and tabu- City Clerk late proposals for the sale of said Councilman Schultz moved notes and to send telegrams of adoption of the resolution. acceptance to the low bidder .or Seconded by Councilman Mc- bidders. all ill accordance with Cauley mstructions covermg such trans- Carried by the following vote: actions as provid~d by the Depart- Yeas - Mayor Pregler Council- ment of HouSillg and Urban men Couchman, Meyer~, McCau- Deveiopment, United States of Ie S<huItz Amenca. ~ays None Section 3. That a special meet- -. ing of tbe Council of the City of RESOLUTION NO. 285-69 Dubuque shall be held after the Authorizing the publication of bid opening date of September Notice of Sale of Project Notes 16, 1969, to adopt such resolution (Second Series 1969) and the Re. or resolutions necessary for the ceiy ng of proposals for the sale consummation of the sale of Pro- of said notes for the Downtown ject Notes (Second Series 1969) to Urban Renewal Project Iowa R.15 the lowest bidder or bidders. WHEREAS, under date of July Passed, approved and adopted 26, 1967, the City of Dubuque tbe 2nd day of September, 1969. entered into a Loan and Captial Walter A. Pregler Grant Contract for the under- Mayor taking of the Downtown Urban sylvester McCauley Renewal Project, Iowa R.15; and Donald R. Meyers Gaylord M. Couchman WHEREAS, under date of April Attest: 7, 1969, the Council of the City Leo F Frommelt ~f Dubuque adopted Resolution City' Clerk rr~;,,87i:::~~~f~~gp~j~:t i~~;:'~ NOTICE Of' SALE in connection willi the Downtown PROJECT NOTES Urban Renewal Project, Iowa CITY OF DUBUQUE R.15, in an aggregate principal (Name of Local 1ss~ing AgenC}' amount outstanding at anyone Sealed proposals will be recelV- time of not to exceed $8,624,313; ed by City of Dub'!que (herein and called the "Local Issumg Agency") WHEREAS, under date of May at Council Ch~mbers, ~ity Hall, 12, 1969, tbe Council of the City 13th and Iowa 10 the City of Du- of Dubuque autborized the is- buque, State of Iowa 52001, ,until, suance and sale of its Prelimi- and pubhcly opened at, one 0 clock nary Loan Notes in the aggregate P.M. (E.D.S.T) on September 16, principal amount of $4,975,000 to 1969, for the J?urchase of $4,183,- finance certain undertakings in 000,00 of ProIe~t ~otes (Seco~d connection with the Downtown Sen~s 1969), .bemg ~ssued to aid Urb~n Renewal Project, Iowa ~~w~i:nanCmg its pro¡ect(s) as fol- R.15, and. . Amount $4,183,000.00 Series SO- WHEREAS, 10 order to refm- cond Series 1969 Maturity Febru- ance a portion of the outstanding ary 13 1970 Project Notes, it is necessary for The' Notes will be dated Oct tbe City of Dubuque to sell Project 15 1969 will be payable to beare~ ~otes (Second Series 1969) total- o~ tbe' Maturity Date, and will 109 $4,183,000; now therefore bear interest at the rate or rates BE IT RESOLVED BY THE per annum fixed in the proposal 392 Adjourned Regular Session, September 2, 1969 393 or proposals accepted for the pur- chase of such Notes. All proposals for the purchase of said Notes shal1 be submitted in a form approved by the Local Issuing Agency. Copies of such form of proposal and information concerning the Notes may be ob- tained from the Local Issuing Agency at tbe address indicated above. Detailed information with re- spect to the conditions of this sale may be obtained from the September 3, 1969, issue of The Daily Bond Buyer. City of Dubuque By: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - Councilman S<hultz. RESOLUTION NO. 286-69 WHEREAS, it was voted at the City Council meeting of August 11, 1969 the City Clerk be author- ized and instructed to prepare a suitable resolution expressing commendation and appreciation for the untiring and valuable ser- vice rendered to the City of Du- buque, Iowa, by MR. FRED E. BISSELL, JR. As a member of the Planning and Zoning Commission and that the City Clerk be further author- ized and instructed to spread a copy of said resolution, upon the City Council records and to trans- mit a copy thereof to Mr. Fred E. Bissel, Jr., and WHEREAS, Mr. Fred E. Bissel1, Jr. served as a member of the Planning & Zoning Commission since November 24, 1958, in a diguified, faitbful and impartial manner, now THEREFORE BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City of Dubuque ex- tend to Mr. Fred Bissell, Jr. its humble expression of esteem for him in serving the City faithfnlly and well, and its best wishes for good health, success, and pro- sperity for many years to come. Passed, adopted and approved this 2nd day of September, 1969. Waiter A. Pregler Mayor Sylvester McCauley Merlin F. S<hultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the fol1owing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers. Mc- Cauley, Schultz. Nays - None. RESOLUTION NO. 287-69 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Board, and Robert E. Doro- thy, Manager of Dubuque Indus- trail Bureau, have recommended to the City Council of Dubuque, Iowa, tbat tbe application to ex- ercise an option to purchase cer- tain real estate by The Eska Com- pany of Dubuque, Iowa for the expansion of the Eska plant in tbe City of Dubuque, Iowa, be granted and WHEREAS, the City Council of Dubuque, Iowa has examined said application and said recommenda- tion by tbe MAYOR'S INDUS- TRIAL COMMITTEE and find that the sale of said real estate should be approved, and WHEREAS, said real estate sought to be purchased by Eska Company of Dnbuque, Iowa is de- scribed and known as: Lot 3 of Lot 1 of Block 5, River- front Subdivision No.3 in the City of Dubuque, Iowa, subject to existing easements and ease- ments of record. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of The Eska Company of Dubuque, Iowa to exercise its option to pur- chase a parcei of real estate in the City of Dubuque, Iowa, which real estate is described and known as follows: Lot 3 of Lot 1 of Block 5, River- front Subdivision No.3 in the 394 Adjourned Regular Session, September 2, 1969 City of Dubuque, Iowa., subject Mayor Pregler moved adoption to existing easements and ease- of the resolution. ments of record. Seconded by Councilman be and the same is hereby ap- Schultz. proved upon the following terms Carried by the fonowing vote: and conditions: Yeas - Mayor Pregler, Council- A. That said real estate be sold men Couchman, Meyers, Me- to The Eska Company of Dubu- Cauley, Schultz. que, Iowa for its expansion Nays - None. proportionate to its present RESOLUTION NO 288-69 facilities. WHEREAS, appJic~tions for B. That the sale price for said Beer Permits have been submitted real estate shall be in the a- to this Council for approval and mount of $5,000 per acre or a the same have been examined total purchase price of $17,- NOW THEREFORE, ' 350.00. BE IT RESOLVED by the City C. That The Eska Company final- Council of the City ~f Dubu~ue, ize its negotiations with the I?wa, that the followlD.g apphca- Dubuque Industrial Develop- !lOnS be granted and ~censes .be ment Corporation to purchase issued upon the compl!ance with land and buildings located in the t~rms of the ordmances of Blocks 5 and 6 of Riverfront the City. Subdivision No.3. CLASS "B" BEER PERMIT D. That said land be used by The Leona R. Friedman, 620 East 16tb Eska Company for its expan- Street sion proportionate to its pre- Michael F. Pusateri, 2560 Dodge sent facilities within one (1) Street year of adoption and passage Francis T. Kohl, 1700 Centrai of this Resolution and shan be Avenue completed within two (2) years Cyril .Meitl, 1555 Central Avenue of date of adoption and pas- Arsemus A. Hanson, 107 Locust sage of this Resolution and Street upon failure so to do by the Leona Marburger, 1091 White purchaser, The Eska Company Street of Dubuque, Iowa, said real Emma M. Scherer, 1187 Iowa estate shan automatically revert Street to the City of Dubuque, Iowa, Dennis Burns, 2316 Universtiy and purchase price, less dam- Avenue ages, shan be refunded to the purchaser. E. That the construction of an buildings, yards, parking iots and fences sball be construct- ed in conformance willi exist- ing City Codes. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. S<hultz Donald F. Meyers Gaylord M.. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5tb Street Randans, Inc., 2600 Dodge Street Plaza 20 Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of tbe resolution. Seconded by Councilman Meyers. Carried by the fonowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Adjourned Regular Session, September 2, 1969 395 RESOLUTION NO. 289.69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun- cil; and WHEREAS, the premises to be occnpied by such applicants were inspected and found to comply with tbe ordinances of ibis City and tbey have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the fonowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Leona R. Friedman, 620 East 16th Street Michael F. Pusateri, 2560 Dodge Street Francis T. Kohl, 1700 Central Av- enue Cyril Meitl, 1555 Central Avenue Arsenius A. Hanson, 107 Locust Street Leona Marburger, 1051 White Street Emma M. Scherer, 1187 Iowa Street Dennis Burns, 2316 University Av- enue CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls, Inc., 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVED that tbe bonds filed by such appli- cants be and tbe same are hereby approved. Passed, adopted and approved ibis 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. RESOLUTION NO. 290.69 WHEREAS, applications for Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses be issued upon tbe compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER-123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT American Veterans of World War No.2 & Korea Post No.3, 36 West 4th Street Leo B. Grass, n05 University Av- enue Leona Marburger, 1091 White Street Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 291-69 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinance relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. 396 Adjourned Regular Session, September 2, 1969 CLASS "c" COMMERCIAL ESTABLISHMENT American Veterans of World War #2 & Korea Post #3 36 West I 4th Street Leo B. Grass, 1105 University Avenue Leona Marburger, 1091 White Street Passed, adopted and approved this 2nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Council.men Special Session, September 9, 1969 397 CITY COUNCIL I Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couch- man. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. There being no further husiness Councilman Couchman moved to adjourn. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Leo F. Frommelt City Clerk Approved ................................ 19-. Adopted ....................-............... 19-. -.--......-...-.....--......-........................................... OFFICIAL ....Special Session, September 9, 1969. Council met at 7:30 P.M. (D.S.T.) Present - Mayor Pregler, Councilmen Couchman, Meyers, McCauley. City Managar Gilbert D. Chav- Yenene. Absent - Councilman Merlin F. Schultz. (out of city) Mayor Pregler read the call and stated that service thereof had been duly and ibis meeting is call- ed for the PURPOSE OF CON- DUCTING A PUBLIC HEARING ON THE BUDGET ESTIMATE OF EXPENDITURES FOR THE YEAR 1970, and acting upon such other business as may properly come before a regular meeting of tbe City Council. September 2, 1969 City Council City of Dubuque Gentlemen: An application for purchase of a parcel of city owned land on East 12th Street has been received by this committee from the Art Pape Transfer Co. of Dubuque. This firm has enjoyed a rapid growth in the past few years, and is unable to expand further at the present location on Rockdale Road. Many of the industries served by Art Pape Transfer are located in the general vicinity of the lot which they desire to buy. A half million dollar payroll is expected by tbe year 1970. Based on a consideration of tbe facts, some of wbich are listed above, ibis committee recommends the sale of 227 feet of land front- ing on East 12th Street (formerly owned by Gierke Robinson Com- pany and recently repurchased by tbe City of Dubuque. The follow- ing conditions will apply: 1. That the selling price of this lot be 20 cents per square foot, for a total price of $8,- 448, ten per cent of which is included herewith to bind the offer. (Check attached) 2. That Art Pape Transfer Co- agrees to becomes a part-owner in the private sewer company formed by the other lot owners on East 12th St., and that Adopted -.................-......-..........-.................................. ..-...-....-.....--....-........-.................-................. -................-.....-....-......................-.................... -"'--"-"'-"""""""""ëõüüëïiñïëñ"" Attest: """"""""""""ëitÿ..c¡;;;:¡;... Art Pape Transfer agrees to ahide by the decision of the majority of these lot owners, and that Art Pape pay a re- presentative and equitable share of installation of said sewer which serves the pro- perty being sold. 3. That construction of buildings and other facilities be com- menced with one year of date of purchase, and completed within two years of same date, other wise ownership of said land to revert to City of Du- buque, and purchase price, less damages, be refunded the buyer. 4. That construction of plant and ancillary improvements be in conformity with existing codes and easements. 5. That Art Pape Transfer work out a private agreement with interstate Power Company re- lative to tbat firm's utility easement in tbe area. This recommendation is respect- fully submitted for your considera- tion. Mayor's Industrial Committe Walter A. Pregler Mayor Vincent Kaiser Chairman Board of Dock Commissioner Robert Dorothy, Mgr Ind. Bureau Mayor Pregler moved approval of the offer and referred same to the City Attorney for proper proceedings. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley. Nays - None. Absent - Councilman Schultz. Communication of Harry A. Koch Co. submitting a progress report relative to tbe bond of Hawkins Construction Co. & Kor- shoj Construction Co. for tbe construction of Waste Water Treat- ment Facilities and requesting completion of the report, present- ed and read. Councilman Meyers moved that the communication be referred to the City Engineer for execntion. Seconded by Mayor Pregler. Carried by the following vote: 398 Special Session, September 9, 1969 Yeas - Mayor Pregler, council- men Couchman, Meyers, M c . Cauley. Nays-None. Absent - Councilman Schultz. Communication of City Manager and police Chief requesting that Donald Thilmany be appointed to the police Department, subject to final certification of the Civil Service Commission, requested and read. Councilman Meyers moved approval of the appointment sub- ject to finai certification of the Civil Service Commission. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c . Cauley. Nays - None. Absent - Councilman S<hultz. September 8, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the letter of Mr. and Mrs. J. P. Miller re- lative to the overgrowth of brush and vines. The letter was referred to me for report. I am enclosing a copy of the Health Department memorandnm of an inspection of the situation made by the Health Sanitarian on August 7th. The sanitarian rein- I spected the location on Septemher 4th at which time he discussed the problem with Mr. Miller, who is reported to be in agreement with the finding of the sanitarian. After reviewing the reports of the Health Department and dis- cussing the matter with the sani- tarian, I find that there is no violation of city ordinances. This has been reported to Mr. Miller. Respectfully, Gilbert D. Chavenelle City Mgr. I Councilman Couchman moved that the communication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. Notice of Hearing set for Octo- ber 31, 1969, in the matter of trust under item twenty one of the will of Charies McLean Deceased with -- an interest of 5% of trust pro- perty to the Carnegie Stout Lib- rary upon the death of Charles McLean's wife, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men, Conchman, Meyers, M c - Cauley. Nays - None. Absent - Councilman Schultz. Notice of Appeal in the District Court by Dorothy Bray from ap- praisal award granted on the North 20' of Lot 21 in the City of Dubu- que in the Urban Renewal area. presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor for investigation and reo port. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley. Nays - None. Absent - Councilman S<hultz. Notice of claim of Julia Geral- dine Grutsch of Avon Minnesota, in an underdetermined amount, for personal injuries received in a fall on a defective sidewalk midway between 14th and 15th street on the easterly side of Central Ave. on August 16, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c. Cauley. Nays-None. Absent - Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate in Balke Street to provide new customer service, presented and read. Mayor Pregler moved approvai of the petition subject to approval of tbe Engineering Department. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- Special Session, September 9, 1969 399 men Couchman, Meyers, M c - let anyone present address the Cauley. Council if they so desire. Nays - None. Seconded by Councilman Couch- Absent - Councilman Schultz. man. Petition of Link Realty Co. re- Carried by the following vote: questing permission ar;d submit- Yeas - Mayor Pregler, Council- ting a sketch for the mstallatlon men Couchman Meyers Mc- of street lights in Horizon West Cauley. ' , Subdivision presented and read. N N Councilman Meyers moved ap. ays - one. . proval of the petition subject to Absent - CouncIlman Schultz. appro~a1 of the City Manager and Mr. Robert M. Bertsch, attorney ElectrIcal Inspector. for Clin-Que, Inc. addressed the Seco~ded by Mayor P~egler. . Council in support of tbe petition CarrIed by tbe followmg vote. by stating tbat the obstruction in Yeas - Mayor Pregler, CouncIl- Bies Drive should be removed and men Couchman, Meyers, Mc.. his client is at a loss to under- Cauley. stand why the street has been Nays - None. . blocked. The improvements to the Absent - CouncIlman Schultz. Clin.Que Addition in the form of Petition of John Kennedy re- street and water mains, have been questing permission to excavate at paid for by the private develop- 1251 Kaufmann Ave. to install ers. The erection of the barricade sewer and water service, present- and the obstruction of Bies Drive ed and read. by the City is an unwarranted act Councilman Couchman moved which may cause extensive dam- approval of the petition subject age to Clin-Que, Inc., in tbe to approval of the Engineering development of its property. Department. Mr. Bertsch was advised that the Seconded by Councilman Meyers. street is being cut up by heavy Carried by tbe following vote: vehicles and the dust nuisance Yeas - Mayor Pregler, Coucil- has been cause for a continual men Couchman, Meyers, Me- line of complaints from the resi- Cauley. dents in the area. Nays - None. . Councilman Couchman moved Absent - Councilman Schultz. that the petition be referred to Petition of Frommelt Building City Solicitor Russo. Corporation requesting permission Seconded by Mayor Pregler. to construct!' portion ?f th~ ~ro- Carried by the following vote: roo:':':edex~~ns~~f to S~:~~ ~~1l~~: Yeas - Mayor Pregler, Council- sently leased city owned property, men Couchman, Meyers, Mc- presented and read. Cauley. Mayor Pregler moved that the Nays - None. . petition be approved subject to Absent - Councllman S<hultz. approval of tbe City. Solicitor. Petition of LaVern G. Kieffer Seconded by Councllman Meyers. d/b/a Resurrection Mens Service Carried by the following vot~: Club requesting a refund of $150. Yeas - Mayor Pregler, CouncIl- on tbe unexpired portion of Class men Couchman, Meyers, M c - B beer Permit No. 55, as tbey have Cauley. discontinued business on Sept- Nays - None. . ember 8, 1969, presented and read. Absent - Councllman Schultz. Councilman Meyers moved that Petition of Clin-Que Inc. request- the petition be granted and tbe ing removal of tbe obstruction to Auditor instructed to issue proper the free and nninterrupted use warrant. of Bies Drive, said obstruction be- Seconded by Councilman Couch- ing placed there by the City and man. is in violation of Section 389. 12 Carried by the following vote: of tbe Code of Iowa, presented Yeas - Mayor Pregler, Council- and read. men Couchman, Meyers, Me- Mayor Pregler moved that the Cauley. petition be received and filed and Nays - None. tbe rules suspended in order to Absent - Councilman Schultz. Special Session, September 9, 1969 August 29, 1969. should be filed in tbe office of the To the Honorable Mayor and County Auditor at the time of tbe Members of the City Council. filing of the budget. Gentlemen: Respect~ullY Attached hereto is a list of subnutted, parcels of real estate, within the Gilbert D.. Chavenelle City Limits, consisting of ten . City Mgr. acres or more which would be Councllman Couclunan moved eligible for taxation as agricultural approval of tbe list. land Seconded by Mayor Pregler. . . Carried by the following vote: . Also attached .are the. apphca- Yeas - Mayor Pregler, Council- tion~ for exempbon as fIled and men Couchman Meyers M c - applied for by the property own- Cauley , ' ers tbat ~ave ten. acres of land Nay~ - None. o~ ~ore, m one pIece. or parcel, Absent - Councilman S<hultz. within the CIty LImIts. These property owners, by filing these Proof of publication, certified applications, certify that the land to by the publisher, of Notice of is being used for agricultural or public hearing on Budget Esti- hortieultural purposes, and are mate and Record of Filing of the entitled to tax exemption as estimate of expenditures for the provided by law. year beginning January 1, 1970, A copy of tbe attached list presented and read. 400 BUDGET ESTIMATE AND RECORD OF FILING Town and City Estimate NOTlCE- Th. Cify ",",iI of O,b"", of D,b'"" c"",tv. Iowa. will meet 50.. ,.mb., 9, 1..9. al ,.,. p.m. O"I"hf SòY'"' Tim. af Cify "all. T",o.,'" will b. h..,d fo> " "01", fho "'"ow'", ,,11m of. of ""'dll,,,.. "'f fh. ym b.,,"",", J,"va" I. 1910. A o.fa"'" ,""m,"' of """0" '"" di""",.m.n". bofh p..f ,"d ,"fl<I",," will be avoilab" at th. h.."... L" F. F",mm.1I CIty C"f' ~I-'-I~ 1£ .~ S~ U."~ }1.J!- 'E - ¡th" \ oe'". In. =h1~ e~..!! \ -'!~... ~~.~! ~-~5 d5 - '"I r a z ~ ¡It !!E~ ..!~ w R.",all," Utilill" DabI So"'" TMt ,"d E~~~~~<Y 3,415. 453."'. 4<4,565. '~:rJ: Sll..t (Road U.. Ta" 483,45'. 261.831. ""..,. 1.016,514. Li""" P,ofll 143.158. 91,1". 8I~31. ....klno Foell"'" 2ofD,9". I""""" 161.411. 259,803. TOTALS 11...5.133.15",9.131.16.322.181.18.573,0", E,""a"" To'" '" ",,000.00 of a....." val" s<6.1S 11.1-" "6.514. 800.000. ~ 5Il"Oe. I 3.ð86:399.¡-¡;m;-,... Councilman Meyers moved tbat the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men, Couchman, Meyers, Me. Cauley. Nays-None. Absent - Councilman Schult.. September 9, 1969 Honorable Mayor and City Council Gentlemen: At a meeting of tbe employees, employed in the Street, Rubbish, Sewer Department, Park and Re- ere at ion Departments, held September 8, 1969, the wage pro- posal for 1970 was acœpted an Special Session, September 9, 1969 401 almost unanimous vote of those present at the meeting. I have been authorized by this group to thank the City Council for the consideration given this group while preparing the 1970 budget. Very truly yours, Owen Riley Pres. Local 421 Mayor Pregler moved that the communication be received and filed and made a matter of record. Seconded by Conncilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. September 9, 1969 Honorable Walter A. Pregler Mayor of Dubuque, and the City Council of Dubuque Dear Mayor and City Council: The Dubuque Area Chamher of Commerce, through its Tax Study Committee met with the City Manager and his staff several times to review the proposed 1970 City Budget. We concur in giving general approval to said overall budget as presented and recom- mend its adoption. In reviewing tbe City Budget, we have noted several items which we would at this time like to call to the attention of the City Coun- cil 1. The budget is nearly one month late in its presentation to the Council, and we feel that constant surveilance of the budget processes in the future would allow further and more comprehensive study by both the Council and in- terested Citizen Groups. 2. This budget proposal of $8,- 660,423.00 is financed by a tax rate of 46.1548 mills, which is an increase of 12% levied on an estimated $93,944,145.00 value of property subject to tbe property tax, which has increased only 2.8%. 3. Saiaries and Wages represent by far the largest portion of the total budget at 44.62%. The Tax Study Committee re- cognizes the necessity of a i wage plan which is competitive with that of private industry and is in complete agreement with the $42.00 per month increase for all regular em- ployees, plus increased health and welfare benefits. 4. Several expense items have been shifted into non regulat- ed funds in order to stay within the State imposed 30 mill limit. While on tbe sur- face ibis practice may seem imprudent, a closer examina- tion readily reveals that in order to pay living wages, re- tire indebtedness, and main- tain the excellent credit rating of the City, this practice is necessary and totally justi- fied, however, continued shift. ing of funds in the future must be eliminated in order to maintain the 30 mill require. ment. 5. Included in ibis budget is an allocation of $40,000.00 for the lease-purchase of a City Garage facility. While a bond issue of $465,000.00 was defeated by the voters in 1967, we feel that this is a needed facility and that the cost and financing of ibis item, presents a reason- able and economically sound approach toward acquiring ibis capital improvement at a re- duced cost. 6. Also included is a request of $20,000.00 for the purchase of books for a mobile library system. This would appear to be a realistic approach to the expansion of our library and a planned method of growth. 7. In view of the loss of Elm trees, and the necessity of their removal, we feel tbat tbe method of financing this re- moval by borrowing is jnsti- fied as a matter of public safety. The Committee feels that tbe budget reflects tbe needs of tbe City, and has provided for ad- vance planning to the extend pos- sible under the law. We wish to tbank the City Man- ager and his staff for the co- operation and assistance in review.. ing the budget. We feel that it is worthy of community support and recommend its adoption. 402 Special Session, September 9, 1969 SincereJy, Richard P. Friedman, Chairman Dubuque Area Chamber of Commerce City Research Com. Cyril J. Friedman, Pres. Dubuque Area Chamber of Com- merce. Mayor Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. Mr. Arthur Boardman, Secre- tary-Treasurer of Dubuque County Taxpayers Ass'n. of 91 Burns St., addressed the Council by stating the City has a priority on every- thing and also a control on taxes. He objected to a portion of the budget and critized the idea of going into debt. He did not how. ever object to proposed pay raises for City employees. RESOLUTION NO. 292-69 I WHEREAS, the Council of tbe , City of Duhuque, Iowa, caused to be prepared and published as provided by law, the BUDGET ESTIMATE OF EXPENDITURES for the fiscal year beginning Janu- uary 1, 1970, and ending December 31, 1970, and the hearing upon said Budget Estimate was fixed for tbe 9th day of September, 1969, at 7:30 o'clock P.M. Central Daylight Saving Time, in the Council Chamber at the City Hall: and WHEREAS, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1970 and ending December 31, 1970 here- tofore prepared and published be and the same is hereby finally approved and adpoted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa. togetber with a verified proof of publication and the notice of hear- ing upon said Budget Estimate. Be It Further Resolved, that the taxes required to be collected in the year be and the same are hereby ievied in the amounts of said Budget Estimate. Passed, adopted and approved this 9th day of September, 1969. Walter A. Pregier Mayor Sylvester McCauiey Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couch- man. Carried hy the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman S<hultz. RESOLUTION NO. 293-69 A resolution estebUshlng the tex levies for the year 1969, the tex.. to be conected In the yeer 1970, end used for munlcipel purpose of the City of Dubuque, lowe. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That there be and there is hereby levied the taxes for Muni- cipal purposes for the ensuing year of 1970 the following number of mills on the dollar of all taxable property within the corporate limits of said City. 2.3739 General Fund 1.8960 Street Fund 12.8681 Public Safety Fund 4.5660 Sanitation Fund 2.3227 Municipal Enterprise Fund 4.2333 Recreation Fund 1.6153 Utilities Fund .4473 Police Pension Fund 1.6819 Police Retirement Fund .7536 Fire Pension Fund 2.2279 Fire Retirement Fund .5349 I.P.E.R.S. Fund 7.8275 Debt Service Fund 1.0000 Emergency Fund .8782 Federal Social Security Fund .9282 Healtb Insurance Fund 46.1548 Total mills Special Session, September 9, 1969 403 BE IT FURTHER RESOLVED I hereby ratified and accepted by That the 1.25 milIs on the dolIar the City of Dubuque. is hereby levied upon alI lots or GRANTOR parcels of land containing ten GRAND OPERA HOUSE, Inc. acres or more which are occupied Deed dated August 13, 1969 in good faith and used for agr!cul- Recorded in Book 199, Page 535 tural or horticultural purposes. PROPERTY DESCRIPTION BE IT FURTHER RESOLVED The North one.third of lot 749 that the Mayor and Clerk be and in the City of Dubuque, Iowa, they are hereby directed to certify according to the United States tbe sums of money that the said Commissioners' Map of the Town tax levies will produce as shown of Dubuque, Iowa. (Parcel 9.9) by the Budget Estimate of Ex- Section 2. That the recording of penditures as adopted by this the respective deeds of convey- Council on the 9th day of Sept- ance of the title in the office of ember 1969, to the Auditor of the Recorder in and for Dubuque Dubuque County. County, Iowa is hereby ratified. Passed, adopted and approved Section 3. That the City Clerk this 9tb day of September, 1969. be and he is hereby authorized Walter A. Pregler and directed to file a copy of this Mayor Resolution in the Office of the Sylvester McCauley Recorder in and for Dubuque Donald R. Meyers County, Iowa. Gaylord M. Couchman Passed, approved and adopted Councilmen this 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of tbe resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays-None. Absent - Councilman Schultz. RESOLUTION NO. 294-69 Accepting delivery of deeds for the Downtown Urban Renewal Project, lowe R.IS WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to authorization and dir. ection of said Loan and Capital Grant Contract, has acquired for tbe public purpose of implement- ing and facilitating the Downtown Urban Renewal Project Iowa R-15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section I. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in tbe Downtown Urban Renewal Project, Iowa R-15 is Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad. option of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men, Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. RESOLUTION NO. 295.69 WHEREAS, Joseph J. Herhst and Katherine Herbst, husband and wife, have conveyed to the City of Dubuque the following described real estate: Lot 2 of NE¥4 of NW¥4 of Sec- tion 28, T. 89 N.R. 2E of the 5th P.M. By Warranty Deed dated August 15, 1969 and, WHEREAS, delivery of said War- rantv Deed should be accepted. NOW, THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of War- ranty Deed dated August 15, 1969, wherein Joseph J. Herbst and Katherine Herhst, husband and wife, convey unto the City of Du- 404 Special Session, September 9, 1969 buque, Iowa, the real estate here- in and above described be and the same is hereby accepted. Section 2. That the real estate herein and above described be and the same hereby designated as part of as Pennsylvania Avenue of City of Dubuque in the City of Dubuque, Iowa. Passed, approved and adopted this 9th day of September, 1969. Walter A. Pregier Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays - None. Absent - Councilman Schultz. Dubuque Airport Commission RESOLUTION NO. 3-69 WHEREAS, the Airport Com- mission of the City of Dubuque, Iowa has determined the necessity for making certain improvements to the Dubuque Municipal Airport consisting of, among other things, the resurfacing of the runways; NOW THEREFORE BE IT RE- SOLVED BY THE AffiPORT COM- MISSION OF THE CITY OF DU- BUQUE, lOW A: Section 1. That it is necessary for the maintenance and operation of the Dubuque Municipal Airport that tbe runways be resurfaced. Section 2. That the Airport Com- mission of the City of Dubuque, Iowa herewith requests that the City Council of tbe City of Dubu- que, Iowa proceed with the sale and issuance of $100,000.00 Gen- eral Obligation Bonds to pay for the cost of said improvements. Passed, approved and adopted this 9th day of September, 1969. L. M. Harney Chairman F. Robert Woodward W. M. Clemens, Jr. L. L. Petersen Attest: F. Robert Woodward Secretary Attest: Jeff G. Molid Dubuque, Iowa September 9, 1969 Extract of minutes of special meeting, Dubuque Airport Com- mission 9/9/69 The Airport Commission of the City of Dubuque, Iowa met in special session pursuant to ad- journment and the rules of said Commission at airport in said City atlO:oo o'clock A.M. The meeting was called to order and tbe roll being called, there were present L. M. Harney, Chairman, in the chair, and the following named Commissioners:L. L. P eta r son, Wm. Clemens, Jr., F. Robert Woodward. Absent: Vick J. Grice CommissionerWm. Clemens, Jr. introduced and caused to be read a resolution requesting tbe City Council proceed with the sale of $100,000.00 Airport Bonds for the purpose of adding a three inch asphalt mat to runway 13-31 on the Dubuque Municipal Airport, its purpose to prevent further deterioration of the present con- crete and to strengthen this run- way for the added loading due to the Airlines use of tbe DC-9-30. Mr. Wm. Clemens, Jr. moved the adoption of the resolution. After due consideration of said resolution by the Commission, the Chairman put the question and upon the roll being called the following voted: Aye: Chairman L. M. Harney, Com- missioners F. R. Woodward, L. L. Peterson, Wm. Clemens, Jr. Nay: None. WHEREUPON the Chairman declared said Resolution duly adopted. On motion and vote meeting adjourned. CERTIFICATE OF SECRETARY AIRPORT COMMISSION I,F. Robert Woodward, Sr., the duly qualified and acting Secre- tary of the Dubuque Airport Com- mission do hereby certify that the attached Extract from the Minutes of the special meeting of the Du- buque Airport Commission, held on September 9, 1969, is a true and correct copy of the original minutes of said meeting on file and of record insofar as said ori- ginal minutes relate to the matters set forth in said attached Extract, and I do further certify that tbe Special Session, September 9, 1969 405 copy of the Resolution appearing in said attached Extract is a true and correct copy of such Resolu- tion adopted at said meeting and on file and of record. meeting and on file and of record. In TESTIMONY WHEREOF, I have hereunto set my hand and tbe seal of said Dubuque Airport Commission this 9th day of Sept- ember, 1969. F. Robert Woodward Secretary Mayor Pregier concurred in tbe resolution and that same be made a matter of record. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley. Nays-None. Absent - Councilman Schultz. RESOLUTION NO. 296-69 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $'00,000 Airport Bonds. WHEREAS pursuant to an elec- tion held on August 14, 1950, the City of Dubuque, Iowa, has here- tofore established a municipal airport under the provisions of tbe law as now contained in Chapter 330 of the Code of Iowa, 1966, and it is necessary and for the best interests of said City of Duhuque that said airport be improved and tbat Airport Bonds of said City be issued at this time in the prin- cipal amount of $100,000 for the purpose of paying the cost, to that amount, of said improvements; and WHEREAS said City has here- tofore created an Airport Com- mission for the management and control of the municipal airport as permitted and provided for by the law as now contained in Sections 330.17 et seq. of the Code of Iowa, 1966, and said Airport Commission has adopted a reso- lution reciting the necessity for improving the municipal airport and requesting this Council to proceed with the advertisement, sale and issuance of $100,000 Airport Bonds of said City to pav the cost of such improvements and a certified copy of said reso- lution has been filed with the City Clerk and presented to this Council for appropriate action; and WHEREAS it is first required that notice and hearing on the issuance of such bonds be given in the manner, form and time prescribed by Chapters 23 and 408A of the Code of Iowa, 1966; NOW, THEREFORE, Be It Resolved by the City Council of tbe City of Dubuque, Iowa, as follows: Section I. That ibis City Council meet at tbe Council Chambers in the City Hall within said City on the 29th day of September, 1969, at 12:00 o'clock Noon., Central Daylight Saving Time, at which time and place proceedings wiIl be instituted and action taken for the issuance of $100,000 Airport Bonds for the purpose set out in tbe preamble hereof. Saction 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said Airport Bonds, setting forth the amount and purpose thereof, together with the maxi- mum rate of interest which said bonds are to bear, and the time when and place where said meet- ing wiIl be held, hy publIcation at least once for at least fifteen (15) days before said meeting, in the "Telegraph-Herald", a news- paper published in said City and having a general circulation there- in. Said notice shall be in sub- stantially the following form: NOTICE OF MEETING FOR ISSUANCE OF AIRPORT BONDS PUBLIC NOTICE IS HEREBY GNEN pursuant to Sections 23.12 and 408A.1 of the Code of Iowa, 1966, that the City Council of tbe City of Dubuque, Iowa, wiIl meet on the 29th day of September, 1969, at the Council Chambers in the City Hall, Dubuque, Iowa, at 12:00 o'clock Noon., Central Day- light Saving Time, for the pur- pose of instituting proceedings and taking action for the issu. ance of $100,000 Airport Bonds of said City, bearing interest at a rate or rates not exceeding six per cent (6%) per annum, for the purpose of paying the cost, to that amount, of improving the municipal airport of said City. At any time before the date of said meeting petitions objecting to the issuance of said bonds or asking tbat the question of issu- 406 Special Session, September 9, 1969 ing said bonds be submitted to tbe legal voters of said City may be flied with the City Clerk of said City pursuant to the provisions of Section 23.13, 330.16 or 408A.2 of the Code Iowa, 1966. By order of the City Council September 9, 1969. , Leo F. Frommelt City Clerk Section 3. That a1l resolutions or parts thereof in conflict here- with be and the same are herehy repeaied, and ibis resolution sha1l be effective forthwith upon its passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the fo1lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley. Nays-None. Absent - Councilman Schnltz. RESOLUTION NO. 297-69 RESOLUTION providing for the advertisement of $100,000 Airport I Bonds. WHEREAS the Airport Commis- sion and the City Council of the City of Dubuque, Iowa, have here. tofore determined it to be advis- able and necessary that the municipal airport of the City be improved and it is necessary and for the best interests of said City tbat $100,000 Airport Bonds con- templated to be issued to pay the cost thereof be offered for sale in the manner required by Chapter 75 of tbe Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubnque, Iowa, as follows: Section 1. That Airport Bonds of said City in the amount of $100,000 be advertised for sale, such bonds to be dated October 1, 1969, bearing interest payable January 1, 1970, and semi-annua1ly thereafter, and maturing in nu- merical order $25,000 on January 1 of each of the years 1974 to 1977, inclusive, and that bids be requested for action thereon at tbe Council Chambers in the City Ha1l in said City at 12:00 Noon, Centrai Daylight Saving Time, on September 29, 1969, and that the City Clerk be and he is hereby authorized and directed to publish notice of such sale once each week for at least two consective weeks in the "Telegraph-Herald", a newspaper pnblished and of gen- eral circulation in Dubuque Coun- ty, Iowa, such advertisement to be in the form customarily em- ployed for that purpose. Section 2. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 9, 1969. Leo F. Frommelt City Clerk NOTICE OF SALE OF AIRPORT BONDS DUBUQUE, IOWA Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 29th day of September, 1969, at the office of the City Clerk in tbe City Ha1l, Dubuque, Iowa, for tbe purchase of $100,000 Airport Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Coun. cil of said City at its meeting to be then held at the Council Cham- bers in the City Ha1l in said City. Open bidding will be con- cluded not later than 1:00 o'clock P.M. and, after the best open bid has been determined, the :;ealed bids will be publicly opened and the bonds will be sold to the highest bidder for cash. Sealed bids will be fu1ly protected. Said bonds will be dated Octo- ber 1, 1969, in tbe denomination of $5,000 bear interest at a rate or rates not exceeding Six per cent (6%) per annum, payable January 1, 1970, and semiannually thereafter, registrable as to prin- cipal only, and will mature in numerical order $25,000 on Janu- ary 1 of each of the years 1974 to 1977, inclusive. None of said bonds will be optional for redem. Special Session, September 9, 1969 407 ption prior to maturity. Both principal and interest will be payable at the office of the City Treasurer, Dubuque, Iowa- Each bid must be for all of said bonds upon terms of not less than par and accrued interest and sha1l specify the interest rate or rates for the bonds in a multiple of one- quarter or one-tenth of one per cent provided that only one rate shall be specified for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned rate will not constitute an addi- tional interest rate. Each insta1l- ment of interest will he repre- sented by a single coupon on each bond. The bonds will be awarded to tbe best bidder deter- mined upon the basis of tbe lowest total interest cost at the rate or rates designed in his bid from October 1, 1969, to the re- specitve final maturity dates, after deducting any premium. In the opinion of bond counsel interest on tbese bonds is exempt as of the date of ibis notice from Federai Income Taxes under presently existing laws, regula- tions, decisions and interpreta- tions. The purchaser will not be required to take up and pay for tbe bonds if at the time of deli- very tbere has been any federal legislation, decision or regulation which would affect the tax ex- emption of all or any part of the interest on these bonds and the deposit of the successful bidder will be returned. A separate opiuion of bond counsel concerning such t a x exemption will be furnished as of the date of delivery to tbe purchaser if requested. These bonds will constitute general obligations of the City payable from taxes levied upon all the taxable property in the, City without limitation as to rate ¡ or amount. Said bonds are expect.¡ ed to be delivered within tbirty (30) days after tbe sale at any mutua1ly agreeable bank or trust company in tbe City of Chicago, lllinois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason except failure of performance by tbe purchaser, the City may can- cel the award or the purchaser may withdraw his check and tbereafter his interest in and lia- bility for the bonds will cease. The City will furnish tbe printed bonds and the approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illinois, toge- ther with the transcript and usual closing papers, including non-litigation certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cashier's check drawn on a solvent state or national bank or trust company for $2000 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending full performance by the successful bidder and to be for- feited to tbe City as agreed liquidated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves tbe right to waive informalities in any bid, to reject any or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent information relative to the City. For copies of that Statement and the Officiai Bid Form, or for any additional information, any pro- spective purchaser is referred to the undersigned at the City Hall, Dubuque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, lllinois 60606. Telephone: Area 312-FInancial 6-0858. By order of the City Council of the City of Dubuque, Iowa. Leo F. Frommelt City Clerk Dated: September 9, 1969. Councilman McCauley moved adoption of tbe resolution. Seconded by Councilman Couch- man. Carried by the fo1lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schult>. Special Session, September 9, 1969 Special Session, September 9, 1969 RESOLUTION NO. 298-69 ber, 1969, at the Council Cham- RESOLUTION to fix a date of bers in the City Hall in said meeting at which it is proposed City, at 12:00 o'clock Noon to take action for the issuance of Central Daylight Saving Time, for $100,000 Fire Department Equip- the purpose of instituting pro- men! Bonds. ceedings and taking action for WHEREAS the City of Dubuque, tbe issuance of $100,000 Fire De- Iowa, heretofore lawfully orderd- partment Bonds of said City, ed the acquisition of certain bearing interest at a rate or rates e qui p men t for the fir e not exceeding six per cent (6%) department in and for said City, per annum, for the purpose of and it is necessary that the cost defraying tbe cost, to that amount, tbereof, to the amount of $100,000, of equipping the fire department be now provided for by the is- in and for said City. , suance of bonds payable from the At any time before tbe date proceeds of taxes levied on all of said meeting a petition or the taxable property in said City petitions objecting to tbe issuance as authorized and permitted by of said bonds or asking that tbe Section 368.16 of the Code of Iowa, proposition of issuing said bonds 1966, but it is necessary to first be submitted to the voters of provide for notice and hearing said City may be filed in the in tbe manner and form required office of the City Clerk pursuant by Section 23.12 and 408A.1 of to the provisions of Sections 23.13 the Code of Iowa; or 40BA.2 of the Code of Iowa, NOW THEREFORE Be It Re- 1966. solved by the City Co~ncil of the By order of the City Council City of Dubuque, Iowa, as follows: September 9, 1969. Section 1. That this City Council Leo F; .Frommelt meet at tbe Council Chambers in . CIty Clerk. the City Hall within said City SectIon 3. That all resolutlOns on the 29tb day of September, or parts thereof 10 conflict here- 1969, at 12:00 o'clock Noon, Cen- wIth be and the. same ar~ hereby tral Daylight Saving Time, at repealed, and this r~solutlOn sh~ll which time and place proceedings be effectIve forthwIth upon Its will be instituted and action passage and approval. taken for the issuance of $100,000 Passed and approved September Fire Department Equipment Bonds 9, 1969. for tbe purpose of defraying tbe cost, to that amount, of equipping tbe fire department in and for said City. Section 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said bonds, setting forth the amount and purpose thereof, the I maximum rate of interest which said bonds are to bear, and the time when and place where said meeting will be beld, by publica- tion at least once not less than fifteen days before said meeting, in the "Telegraph.Herald," a legal newspaper published in said City and having a general circulation therein. Said notice shall be in substantially the following form: Notice of Meeting for Issuance of Fire Department Equipment Bonds PUBLIC NOTICE IS HEREBY GIVEN pursuant to Sections 23.12 and 408A.1 of the Code of Iowa, 1966, tbat the City Council of the City of Dubuque, Iowa, will meet on tbe 29th day of Septem- 409 408 and for the best interests of said City that $100,000 Fire Depart- ment Equipment Bonds contemp- lated to be issued to pay the cost thereof, to that amount, be offered for sale in the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of tbe City of Dubuque, Iowa, as follows: Section 1. That Fire Department Equipment Bonds of said City in the amount of $100,000 be adver- tised for sale, such bonds to be dated October 1, 1969, bearing interest payable January 1, 1970, and semiannually thereafter, and maturing in numerical order $25,000 on January 1 of each of the years 1972 to 1975, inclusive, and that bids be requested for action thereon at the Council Chambers in the City Hall in said City at 12:00 o'clock Noon, Central Daylight Saving Time, on Septem- ber 29, 1969, and that the City Clerk be and he is hereby auth- orized and directed to publish notice of such sale once each week for at ieast two consecutive weeks in the "Telegraph - Herald," a newspaper published and of gen- eral circulation in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved September 9, 1969. Chambers in the City Hallin said City. Open bidding will be con- cluded not later tban 1:00 o'clock P.M. and, after the best open bid has been determined, the sealed bids wHi be publicly open- ed and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protect- ed. Said bonds will be dated Octo- ber 1, 1969, in the denomination of $5,000, bear interest at a rate or rates not exceeding Six per cent (6%) per annum, payable January 1, 1970, and semi-annuallY thereafter, registrable as to prin- cipal only, and will mature in numerical order $25,000 on Janu- ary 1 of each of the years 1972 to 1975, inclusive. None of said bonds will be optional for red- emption prior to maturity. Both principal and interest will be payable at the office of the City Treasurer, Dubnque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify tbe interest rate or rates for the honds in a multiple of one-quarter or one-tenth of one per cent provided that only one- rate shall be specified for a single maturity and not more than tbree rates may be named for tbe issue. Repeating a previously mentioned rate will not constitute an addi- tional interest rate. Each install- ment of interest will be repre- sented by a single coupon on each bond. The bonds will be awarded to the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from Octo- ber 1, 1969, to the respective final maturity dates, after deducting any premium. In the opinion of bond counsel interest on these bonds is exempt as of the date of this notice from Federal Income Taxes under pre- sently existing laws, regulations. decisions and interpretations. The purchaser will not be re- quired to take up and pay for the bonds if at the time of deli- very there has been any federal legislation, decision or regulation which would affect the tax ex- emption of all or any part of tbe interest on these bonds and tbe deposit of the successful hidder will he returned. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 9, 1969 Leo F. Frommelt City Cierk Councilman McCauley moved adoption of tbe resolution. Seconded by Councilman Mey- ers. Carried by tbe following vote: Yeas - Mayor Pregier, Council- man Couchman, Meyers, Me - Cauley. Nays - None. Absent - Councilman Schultz. RESOLUTION NO. 299.69 RESOLUTION providing for the advertisement of $100,000 Fire Department Equipment Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore lawfully ordered the acquisition of certain equipment for the fire department in and for said City and it is necessary Walter A. Pregler Attest: Mayor Leo F. Frommelt City Clerk Recorded. September 9, 1969. Leo F. Frommelt City Clerk Notice of Sale of Fire Department Equipment Bonds, Dubuque, Iowa Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 29th day of September, 1969, at the office of the City Clerk in the City Hall, Dubuque, Iowa, for the purchase of $100,000 Fire Depart- ment Equipment Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then at tbe Council 410 Special Session, September 9, 1969 Special Session, September 9, 1969 411 A separate opinion of bond' counsel concerning such tax ex- emption will be furnished as of the date of delivery to the pur- chaser if requested. These bonds will constitute general obligations of the City payable from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within tbirty (30) days after the sale at any mutu- ally agreeable bank or trnst com- pany in the City of Chicago, lllinois, Dubuque, Iowa, or Des Moines, Iowa, without expense to tbe purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason except failure of performance by the purchaser, the City may cancel the award or the purchaser may witbdraw his check and there- after his interest in and liability for the bonds will ce.,e. The city will furnish the printed bonds and tbe approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, lllinois, togetber with the transcript and usual closing papers, including non-litigation certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cashier's check drawn on a solvent state or national bank or trust company for $2000 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending full performance by the success- ful bidder and to be forfeited to the City as agreed liquidated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form, The City Council reserves the right to waive informalities in any bid, to reject any or aU bids and to determine in its sole dis- cretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent relative to the City. For copies of that statement and the Official Bid Form, or for any additional information, any prospective pur- chaser is referred to the under- signed at the City Hall, Dnbuque, Iowa, or tbe Municipal Finance Consultants to tbe City, Paul D. Speer & Associates, Inc., 20 Nortb Wacker Drive, Chicago, lllinois 60606- Telephone: Area 312-FInan- cial 6-0858. By order of the City Council of the City of Dubuque, Iowa. Leo F. Frommelt City Clerk Dated: September 9, 1969. Councilman McCauley moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- man Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. DUBUQUE PARK BOARD RESOLUTION NO.--69 WHEREAS, the Dubuque Park Board of the City of Dubuque, Iowa has determined tbe necessity for the removal of numerous trees infected with Dutch Elm disease in the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE PARK BOARD OF THE CITY OF DUBUQUE, IOWA: Section 1. That there are num- erous trees infected with Dutch Elm disease in the City of Dubu- que, Iowa and that same should be removed. Section 2. That the Park Board of the City of Dubuque, Iowa herewith requests that the City Council of tbe City of Dubuque, Iowa proceed with the sale and issuance of $200,000 General Obligation Bonds to pay for the cost of said removal of trees in- fected with Dutch Elm disease in the City of Dubuque, Iowa. Passed, approved and adpoted this 8tb day of September, 1969. Frederick R. Appel Chairman Allan R. Kingsley The Dubuque Park Board mat In special session on Monday, September eight, 1969, at 12:00 Noon. Present: - Commissioners Ap- pol, Goodman and Kingsley pius Superintendent Kramer. Motion by Mr. Appel that the Park Board present a Resolution to the City Council of the City of Dubuque requesting them to proceed with tbe sale and issuance of $200,000.00 General Obligation Bonds to pay for the cost of re- moval of numerous trees infected with Dutch Elm disease in the City of Dubuque, Iowa. Motion was seconded by Mr. Allan Kingsley and Mr. Dominic Goodman. All approved. Motion carried. Motion by Mr. Goodman that meeting adjourn. Seconded by Mr. Kingsley. Meeting adjourned. Dominic W. Goodman Secretary, Dubuque Park Board Attest: Dominic W. Goodman Secretary Mayor Pregier moved that the resolution be received and filed and made a matter of record. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregelr, Council- men Couchman, Meyers, Mc- Cauley. Nays-None. Absent - Councilman Schultz. Attest: Fredrick R. Appel Chairman Date: 9/8/69 RESOLUTION NO. 300.69 September 8, 1969, at 12:00 RESOLUTION to a fix a date of mooting at which it is proposed to take action for the issuance of $200,000 Tree Removal Bonds. WHEREAS, pursuant to a duly enacted ordinance, tbe City of Dubnque, Iowa, has heretofore assumed charge, custody and con- trol of all trees and shrubbery upon the public streets of said City, and the planting, pruning, care, removal and maintenance of all trees and shrnbbery upon the public streets of said City has not been cooferred upon the Board of Park Commissioners of said City but is supervised by the City Council, all as permitted and provided for by Section 368.32 of the Code of Iowa, 1966, as amend- ed; and WHEREAS the City of Dubuque, Iowa, bears the cost of the re- moval and replacement of trees on public property in said City and, as a result of the rapid spread of dutch elm disease, an emer- gency exists making it necessary. and for the best interests of said I City that a large number of diseased elm trees be removed from public property and replaced with healthy trees; and WHEREAS it is necessary that the cost of the removal and re- placement of diseased elm trees on public property in said City, to the amount of $200,000, be now provided for by the issuance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and permitted by Section 368.32 of the Code of Iowa, 1966, as a- mended by House File 183 of the Acts of the Sixty.third General Assembly of the State of Iowa, but it is necessary to first provide for notice and hearing in the manner and form required by Sections 23.12 and 408A.l of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 29th day of September, 1969, at 12.:00 Noon., Central Daylight Saving Time, at which time and place proceedings will be institut- ed and action taken for the is- suance of $200,000 Tree Removal Bonds for tbe purpose of paying the cost, to that amount, of tbe removal and replacement of diseas- ed elm trees on public property in said City, as referred to in the preamble hereof. Section 2. The City Clerk is hereby dIrected to give notice of proposed action for the issuance of said bonds, setting forth the amount and purpose thereof, tbe maximum rate of interest which said bonds are to bear, and tbe time when and place where said meeting will be held, by publica- tion at least once not less than fifteen (15) days before said meet- ing, in the "Telegraph-Herald," a newspaper published and having a general circulation within said City. Said notice shall be in sub. stantially the following form: NOTICE OF MEETING FOR ISSUANCE OF TREE REMOVAL BONDS PUBLIC NOTICE IS HEREBY GIVEN pursuant to Section 23.12 and 408A.1 of the Code of Iowa, 1966, that the City Council of tbe 412 City of Dubuque, in Dubuque I County, Iowa, will meet on the 29th day of Septembers, 1969, at the Council Chambers in the City Hal!, Dubuque, Iowa, at 12:00 Noon. central Daylight Saving Time, for the purpose of institut- ing proceedings and taking action for the issuance of $200,000 Tree Removal Bonds of said City, bear- ing interest at a rate or rates not exceeding six per cent (6%) per annum, for the purpose of de- fraying the cost, to that amount, of the removal and replacement of diseased elm trees on public property in said City. At any time before the date of said meeting a petition or peti- tions objecting to the issuance of said bonds or asking that the proposition of issuing said bonds be submitted to the voters of said City may be filed in the office of the City Clerk pursuant to the provisions of Sections 23.13 or 408A.2 of the Code of Iowa, 1966. By order of the City Council September 9, 1969. Leo F. Frommelt City Clerk Section 3. That ail resolutions or parts thereof in conflict here- with be and the same are hereby replealed, and this resolution shail be effective forthwith upon its passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: , Leo F. Frommelt City Clerk Recorded September 9, 1969. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the foilowing vote: Yeas - Mayor Pregler, Council- man Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. RESOLUTION NO. 301-69 RESOLUTION providing for the advertisement of $200,000 Tree Removal Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore determined it to be advisable and necessary that diseas. Special Session, September 9, 1969 ed elm trees be removed from public property in said City and replaced with healthy trees, and it is necessary and for the best interests of said City that $200,000 Tree Removal Bonds contemplated to be issued to pay the cost thereof, to that amount, he offered for sale in the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of tbe City of Dubuque, Iowa, as foilows: Section 1. That Tree Removal Bonds of said City in the amount of $200,000 be advertised for sale, such bonds to be dated October 1, 1969, bearing interest payable January 1, 1970, and semi- annuaily tbereafter, and maturing in numerical order $75,000 on January 1 of each of tbe years 1972 and 1973, and $50,000 on January 1, 1974, and that bids be requested for action thereon at the Council Chambers in the City Hail in said City at 12:00 o'clock Noon, central Daylight Saving Ttime, on Sept. 29, 1969, and that the City Clerk be and he is hereby auth- orized and directed to publish notice of such sale once each week for at least two consecutive weeks in the "Telegraph-Herald," a news- paper published and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in conflict herewith be and the same are hereby repealed. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 9, 1969. Leo F. Frommelt City Clerk NOTICE OF SALE OF TREE REMOVAL BONDS DUBUQUE, IOWA Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 29tb day of September, 1969, at the of- fice of the City Clerk in tbe City Hall, Dubuque, Iowa, for the pur- Special Session, September 9, 1969 413 chase of $200,000 Tree Removal Bonds of tbe City of Dubuque, Iowa, at which time such bids will be referred to the city Council of said City at its meeting to be then held at tbe Council Chambers in tbe City Hall in said City. Open bidding will be concluded not later 1 o'clock p.m. and, after tbe best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to tbe highest bidder for cash. Sealed bids will be fuily protected. Said bonds will be dated October 1, 1969, in the denomina- tion of $5,000, bear interest at a rate or rates not exceeding Six per cent (6%) per annum, payable January 1, 1970, and semiannually thereafter, registrable as to prin- cipal oniy, and will mature in numerical order $75,000 on Janu- ary 1 of each of the years 1972 and 1973, and $50,000 on Janu- ary 1, 1974. None of said bonds will be optional for redemption prior to maturity. Both principal and interest will be payable at the office of the City Treasurer, Dnbuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify the interest rate or rates for the bonds in a multiple of one-quarter or one-tenth of one per cent provided that only one rate shall be speci- fied for a singie maturity and not more tban three rates may be named for the issue. Repeating a previously mentioned rate will not constitute an additional in- terest rate. Each installment of interest will be represented by a single coupon on each bond. The bonds will be awarded to the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from October 1, 1969, to the respective final maturity dates, after deducting any premium. In the opinion of bond counsel interest on the bonds is exempt as of the date of this notice from Federal Income Taxes under pre- sently existing laws, regulations, decisions and interpretations. The purchaser will not be re- quired to take up and pay for the bonds if at the time of delivery there has been any federal legis- lation, decision or regulation which would effect the tax exemp. tion of all or any part of tbe interest on these bonds and the deposit of the successful bidder will be returned. A separate opinion of bond counsel concerning such tax ex- emption will be fnruished as of the date of delivery to the pur- chaser if requested. These bonds will constitute general obligations of the City payable from taxes levied upon the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within tbirty (30) days after the sale at any mutu- aily agreeable Bank or Trust Com- pany in the City of Chicago, mi- nois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reasons except failure of performance by the purchaser, the City may cancel the award or the purch.,er may withdraw his check and thereafter his interest in and liability for the bonds will cease. The City will furnish the printed bonds and the approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, lllnois, together with the transcript and usual closing papers, including non-litigation certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cashier's check drawn on a solvent state or National Bank or Trust Company for $4000 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending full performance by the success- ful bidder and to be forfeited to the City as agreed liquidated damages upon failure to take up and pay for the bonds when ready in accordance with his hid, which m u s t be reduced to writing on the Official Bid Form. The City Council reserves tbe right to waive informalities in any bid, to reject any or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent information relative to the City. For copies of that statement and the Official Bid Form, or for any additional information, any pro- 414 Special Session, September 9, 1969 spective purchaser is referred to the undersigned at the City Hall, Dubuque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606. Telephone: Area 312-FInancial 6-0858. By Order of the City Council of the City of Duhuque, Iowa. Leo F. Frommelt City Clerk Dated: September 9, 1969. Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Mc- Canley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays-None. Absence - Councilman Schultz. RESOLUTION NO. 302.69 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $200,000 Sewer Bonds. WHEREAS it is necessary and for the best interests of the City of Dubuque, Iowa, and its inhabi- tants to build and construct certain sewers in and for said City, and it is necessary that the cost thereof, to the amount of $200,000 be now provided for by the is- suance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and permitted by Sec. t~;6,3~~;2itO~s t~~c~~~~ o~o I~~=¡ I provide for notice and hearing in the manner and form required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 29th day of September at 12 .0 0 o'clock Noon, Central Daylight Sav- ing Time, at which time and place action taken for the issuance of $200,000 Sewer Bonds for the purpose of paying the cost, to that amount, of building and construct- ing sewers in said City. Section 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said bonds, setting forth tbe amount and purpose tbereof, tbe time when and place where said meeting will be held, by publica- tion at least once not less than fifteen (15) days before said meet- ing, in the "Telegraph-Herald," a newspaper published and having a general circulation witbin said City. Said notice shall be in sub- stantially the following form: NOTICE OF MEETING FOR ISSUANCE OF SEWER BONDS The City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 29tb day of September, 1969, at the Council Chambers in the City Hall, Dubu- que, Iowa, at 12 o'clock Noon, Central Daylight Saving Time, for the purpose of instituting proceed- ings and taking action for tbe is- suance of $200,000 Sewer Bonds of said City, bearing interest at a rate or rates not exceeding six per cent (6%) per annum, for tbe purpose of defraying the cost, to that amount, of building and construct- ing sewers in and for said City. At any time before the date of said meeting a petition or petitions setting forth objections thereto may be filed in the office of the City Clerk as permitted by law. By order of the City Council September 9, 1969. Leo F. Frommelt City Clerk Section 3. That all resolutions or parts thereof in conflict here- with he and the same are hereby repealed, and this resolution shall be effective forthwitb upon its passage and approval. Passed and approved September 9, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded: September 9, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays-None. Absent - Councilman Schultz. Special Session, September 9, 1969 415 RESOLUTION NO. 303-69 light Saving Time, on the 29th day RESOLUTION providing for the of September, 1969, at the office of advertisement of $200,000 Sewer the City Clerk in the City Hall, Bondi. Dubuque, Iowa, for the purchase WHEREAS tbe City Council of of $200,000 Sewer Bonds of the tbe City of Dubuque, Iowa, has City of Dubuque, Iowa, at which heretofore determined it to be time such bids will be referred advisable and necessary to build to the City Council of said City and construct certain sewers in at its meeting to be then held and for said City and it is neces- at the Council Chambers in tbe sary and for the best interests of City Hall in said City. Open bid- said City that $200,000 Sewer ding will be concluded not later Bonds contemplated to be issued than 1 o'clock p.m. and, after the to pay tbe cost tbereof, to that best open bid has been determined, amount, be offered for sale in the the sealed bids will be publicly manner required by Chapter 75 of opened and the bonds will be sold tbe Code of Iowa; to the highest bidder for cash. NOW, THEREFORE, Be It and Sealed bids will be fully protected. It Is Hereby Resolved by tbe City Said bonds will be dated October Council of the City of Dubuque, 1, 1969, in the denomination of Iowa, as follows: $5000, bear interest at a rate or Section 1. That Sewer Bonds of rates not exceeding Six per cent said City in the amount of $200,000 (6%) per annum, payable Janu- be advertised for saie, such bonds ary 1, 1970, and semi-annually to be dated October 1, 1969, bear- thereafter, registrable as to prin- ing interest payable January 1 cipal only and will mature in 1970, and semiannually tbereafter: numerical order $50,000 on Janu- and maturing serially and in ary 1, 1975 and $75,000 on Janu- numerical order $50,000 on Janu- ary 1 of each of the years 1976 ary 1, 1975 and $75,000 on January and 1977. None of said bonds will 1 of each of the years 1976 and be optional for redemption prior 1977, and tbat bids be requested to maturity. Both principal and for action tbereon at the Council interest will be payable at the Chambers in the City Hall in said office of the City Treasurer, City at 12 o'clock Noon, Central Dubuque, Iowa. Each bid must be Daylight Saving Time, on Septem- for all of said bonds upon terms ber 29, 1969, and that the City of not less than par and accured Clerk be and he is hereby auth- mterest and shall specify tbe orized and directed to publish interest rate or rates for tbe bonds notice of such sale once each week in a multiple of one-quarter or for at least two consecutive weeks one-tenth of one per cent provided in the "Telegraph-Herald" a news- that only one rate shall be speci. paper publisbed and of general fied for a single maturity and not circulation in Dubuque County, more than three rates may be Iowa such advertisement to be in named for the Issue. Repeating a the form customarily employed for previously mentioned rate will not tbat purpose. constitute an additional interest Section 2. That all resolutions or rate. Each installment of interest orders insofar as same may be in wl1l be represented by a smgle conflict herewitb be and the same c~upon on each bond.The bonds are hereby repealed. WIll be awarded to the be~t bIdder Passed and approved September determmed u~on the basIs of the 9 1969 lowest total mterest cost at the , . Walter A Pregler rate or rates designated in his Mayo~ bid from October 1, 1969, to the respective final maturity dates, after deducting any premium. In the opinion of bond counsel interest on these bonds is exempt as of the date of this notice from Federal Income Taxes under pre- sently existing laws, regulations, decisions and interpretations. The purchaser will not be reo quired to take up and pay for the Attest: Leo F. Frommelt City Clerk Recorded: September 9, 1969. Leo F. Frommelt City Clerk Notice of Sale of Sewer Bondi DUBUQUE, IOWA Sealed bids will be received until 12 o'clock Noon, Central Day- 416 Special Session, September 9, 1969 formation relative to the City. For copies of that statement and the Official Bid Form, or for any addi- tional information, any prospective purchaser is referred to the under- signed at the City Hall, Dubuque Iowa, or tbe Municipal Financ~ Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, lliinois 60606. Telephone: Area 312-Fln- anciai 6-0858. By order of the City Council of the City of Dubuque, Iowa. Dated: September 9, 1969. Leo F. Frommelt City Cierk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays-None. Absent - Councilman Schultz. RESOLUTION NO. 304-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinance of the City. CLASS "C" BEER PERMIT Madeline Papin, 2635 University Avenue. Passed, adopted and approved this 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Special Session, September 9, 1969 417 RESOLUTION NO. 305-69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applications were inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of tbe City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT M~:~~;e. Papin, 2635 University I BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 9th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen bonds if at the time of delivery there has been any federal legis- I lation, decision or regulation which would affect the tax exemption of all or any part of the interest on these bonds and the deposit of the successful bidder will be returned. A separate opinion of bond counsel concerning such tax ex- emption will be furnished as of the date delivery to the purchaser if requested. These bonds will constitute general obligations of the City payable from taxes ievied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within thirty (30) I days after the sale at any mutu- ally agreeable Bank or Trust Com- pany in tbe City of Chicago, llii. nois, Dubuque, Iowa, or Des Moiues, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason except failure of performance by the purchaser, tbe City may can- cel the award or the purchaser may withdraw his check and there- after his interest in and liability for the bonds will cease. The City will furnish the printed bonds and the approving opinion of Messrs. g~f¿,:"g~~ ll1:~s, ~o~~~~~r ~~~;~~~ I transcript and usual closing paper~ including non-litigation certificate, and all bids may be so condition- ed. Each bidder must furnish a certified or cashier's check drawn on a soivent State or National Bank or Trust Company for $4000 payable to the order of the City Treasurer of said City as a guar- antee of good faitb, this amount to be retained pending fnll per- formance by the successfui bidder and to be forfeited to the City as agreed liquidated damages upon failure to take up and pay for Attest. tbe bonds when ready in accord- Leo'F Frommelt anCe with his bid, which must be City' Clerk ~uced to writing on the Official Mayor Pregler moved adoption Bid Form. of the resolution. The City Council reserves the Seconded by Councilman Mc- right to waive informalities in any Cauley. bid, to reject any or all bids and Carried by the following vote: to determine in its sole discretion Yeas - Mayor Pregler, Council- the best bid. men Couchman, Meyers, M c- The City Council has authorized \ Cauley. the preparation of an Official Nays - None. Statement containing pertinent in- Absent - Councilman Schultz. ----- Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley. Nays - None. Absent - Councilman Schultz. KNOW ALL MEN BY THESE PRESENTS: That City of Dubuque, Iowa of the County of Dubuque and State of Iowa for and in consideration of the sum of Ten and 00/100 dollars ($10.00), receipt of which I is hereby acknowledged, and the further consideration of the per- formance of tbe covenants and agreements by grantee as herein- after set out and expressed, do hereby GRANT, REMISE, and RELINQUiSH unto NORTHERN NATURAL GAS COMPANY the right, privilege, and easement, to construct, erect, maintain, and operate a measuring station, and appurtenances thereto, which shall occupy an area not exceeding FIFTEEN feet by FIFTEEN feet upon the following described lands situated in the County of Dubuque and State of Iowa to wit: A 15'x15' square area being located in the N.¥. of Section 27 T 88 N.R. 2E. of the 5th P.M. The center of said area being located by commencing from a point on the South West corner of said lot tbence East a distance of 612.45' thence North 00-45' East a distance of 2520.89 feet thence South 880054' East a distance of 454.08' to the center of tbe 15'x15' area. See attached Exhibit "An. TO HAVE AND TO HOLD unto said NORTHERN NATURAL GAS CO. its successors and assigns, so long as such measuring station and appurtenances thereto, shall be maintained, together with the right of ingress to and egress from said premises, for the purpose of con- structing, inspecting, repairing, maintaining and replacing the property of the grantee located thereon, or the removal thereof, in whole or in part, at the will of the grantee. It is agreed that the meter, valves, buildings, and appurten- ances thereto to be constructed upon the above described lands shall not become affixed to the realty in the sense of permanent fixtures forming part of the free- hold, but that they shall remain personal property, with the right of removal by tbe grantee as here- in provided, subject however, to restoring premises to its original condition by grantee. As a further consideration for this grant, the grantee herein agrees that it will pay to grantors any damages whicb may arise to growing crops, trees, shruberry, fences, or buildings from the con- struction, maintenance or opera- tion of said measuring station, provided however, that the gran- tee shall not be liable for damages, either recurrent or otherwise, which shall arise solely from tbe deprivation of grantor's use of the area of said real estate upon which said measuring station may be erected. Grantee agrees to indemnify and hold Grantor harmless from any and all claims actions, rights of i actions and demands rising out 418 Special Session, September 9, 1969 Leo F. Frommelt City Cierk of injury to persons or property by reason of the location, opera- tion and maintenance of said facility. This instrument and the coven- \ Approved ants and agreements herein con- tained, shall inure to the benefit Adopted of and be binding and obligatory upon the heirs, executors, admini- strators and assigns of the respec- tive parties. IN WITNESS WHEREOF, we have hereunto set our hands this 9th day of September, 1969. Signed, Sealed, and Delivered in the Presence of Walter A. Pregler Mayor Lester M. Harney Airport Comm. Chairman: I F. R;::;;'\;?Odward Attest: """"ciiÿ"ci~~k:""""""""""" Leo F. Frommelt City Clerk ! BEFORE ME, the undersigued authority, on this day personally appeared Walter A. Pregler, Lester M. Harney, F. Robert Woodward, Leo F. Frommelt known to me to be the persons whose names sub- scribed to the foregoing instru- ment and acknowledged to me tbat tbey executed the same for the purposes and consideration there- in expressed. Given under my hand and seal office, on this 9th day of Septem- ber, 1969. Notary Public in and for Dubu- que County. Eugene J. Berens Councilman Couchman moved approval of the grant. I Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - None. Absent - Councilman Schultz. ............................................................ Councilmen 1970 1970 Special Session, September 22, 1969 419 CITY COUNCIL OFFICIAL Special Session, September 22, 1969. Council met at 7:30 p.m. (D.S.T.) ....Pra..nt - May 0 r Pregler, Councilmen Couchman, Meyers, McCauley, Schultz. Absent - City Manager Gilbert D. Chavenene. Mayor Pregler read the call and stated tbat service thereof had been duly made and this meeting is called for the pnrpose of con. sidering award of contracts for the construction of 1969 Concrete Curb & Gutter and Bituminous and Hot Mix Paving Projects and also acting upon a resolution authorizi- ing the sale, issuance and delivery of project notes in the principal amount of $4,183,000. and execu- tion of requisition agreement in connection with Urban Renewal Project Iowa R-1S, and acting upon such other business as may properly come before a regular meeting of the City Council. Copy of communication ,addres- sed to Civil Defense Director O'- Leary, submitting a review of personnel operations from 7-1.68 to 6-30-69, showing tbat the Agency is operated in conformity with present standards, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Conchman, Meyers Mc- Cauley, Schultz. Nays-None. Communication of Berwanger Boiler Shop objecting to an em- ployee of the Fire Department bidding against them as a general contractor and being awarded a contract for burners in the School District, presented and read. Mayor Pregler moved that the communication be referred to the City Manager for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, S<hultz. Nays - None. Communication of Dubuque Ad- visory Commission recommending the Council for action taken re- lative to annexation with the end result that the greater good of all in the commnnity will be best served by the proposed annexation, presented and read. Councilman Meyers moved tbat the communication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c Cauley, Schultz. Nays-None. September 22, 1969 Honorable Mayor aud Members of the City Council. Gentlemen: Attached hereto is a list of Judges and Clerks selected to serve and be in charge of Election Registers at the Special Annexa- tion Election to be held on October 7, 1969. Approval of the lists are here- by respectfully requested. Respectfnlly submitted, Leo F. Frommelt City Clerk Councilman Couchman moved approval of the list. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays-None. September 17, 1969 To The Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds, policy and certificate, and desire to have your approval on same. Bond Continuation Certificate H & B American Corporation, United States Fidelity and Guaranty Co. COMPREHENSIVE LIABILITY Louis Buechel, United States Fide- lity and Guaranty Co. SIDEWALK William L. Phillips, Western Surety Company Ralph A. Reisen, American States Insurance Company 420 Special Session, September 22, 1969 Mark Strub, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the bonds and policies be filed subject to approval of the City Attorney. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. September 19, 1969 Honorable Mayor and Members of the City Council Gentlemen: I herewith submit the monthly reports of the City Auditor, City Treasurer and Water Department together with a list of claims for which warrants were issued during tbe month of August 1969. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schuitz. Nays-None. September 18, 1969 To the Honorable Mayor and City Council RE: Terminal Street Sanitary Sewer Repair Gentlemen: During the 1969 Mississippi Flood the Terminal Street sanitary sewer was damaged in the area between First Street and Jones Street; due to high ground water the repair of the sewer has been delayed untll the present time. The estimated cost of the project is $10,710.70. This is a request to allow in- formal bids to be received for the repair of this sewer. The rea- son for this request is to be abie to complete the repair before cold weather sets in and also to com. plete the repair in the time allowed for by the State Civil Defense Office. Sincerely, John L. White City Engineer Mayor Pregler approved the re- quest. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. September 16, 1969 Hon. Mayor & City Council Gentlemen: On January, 1969, Lawrence Decker of Sherrill, Iowa filed claim against the City of Dubuque for damages in an unspecified amount to his motor vehicle as the result of being side-swiped hy a City owned vehicle on January 7, 1969. This matter was referred to tbe appropriate City Agency who made an investigation thereof and reported by letter to this office of no liability and in view of the foregoing it is the recommenda- tion of the City Attorney that the claim of Lawrence Decker be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. September 16, 1969 Hon. Mayor & City Council Gentlemen: On June 9, 1969, Frank W. Reihle of 650 Wilson, this City, filed claim against the City of Dubuque, Iowa, for damages to the roof, gutter and siding of his home at said address in an unspecified amount suffered on June 4, 1969 as the result of a falling tree limb. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on September 9, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Frank W. Reihle be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Special Session, September 22, 1969 421 Mayor Pregler moved approval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers M c - Cauley, Schnltz. Nays None. Notice of Appeal from District Court by Violet Butt Wells and Garry B. Wells from the award of damages by Urban Renewal on the Easterly Half of City Lot 254, in the City of Dubuque, presented and read. Councilman Meyers moved that the notice be referred to the City Solicitor. Seconded by Mayor Pregler. Carried hy the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. Motion for court order directing notice for hearing on dismissal of complaint of price fixing by Union Asphalt and Roadoils, Inc., from September 19, 1963 thru July 27, 1967 in U.s. District Court Southern District of Iowa, pre- sently and read. Councilman Meyers moved that notice be referred to the City Solicitor. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend Zoning Ordinance No. 3-34 so as to change Block A Oak Brook Subdivision from Single Family Resideuce to Multiple Family Residence District Classification. Mayor Pregler moved that the proof of publication be received and filed. and filed, and the rules be sus- pended to allow anyone present to address the Council. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Petition of C. George Biasi of 1611 Butterfield Road objecting to the rezoning of Block A Oak Brook Subdivision being of the opinion that this particular re- commendation of the Planning & Zoning Commission co u i d be classified as spot zoning and detering the value of nineteen single family properties in Oak Brook Subdivision. William Kenyon of 1675 Earl Drive, Mr. Richard Conzett of 1695 Earl Drive, Mrs. Marvin Meyer of 1590 Earl Drive all objected to the proposed re- zoning of Oak Brook Subdivision. Laura Cosgrove of 3265 Kensington Place objected to the traffic that would be generated on the narrow streets and also that they have only one exit off the street. Mr. Hal Reynolds representing the petitioners for rezoning of Lot A Oak Brook Sub. stated that other than Mr. Biasi, the objectors live from one to two blocks away and would hardly be affected by the proposed rezoning. The property lies to the east of Kennedy Road and has a steep drop off. No one would develop the property for single family clasification. The area is isolated from the east and west. This would be a buffer zone area and could not be considered spot zoning. The land abuts com- merical and light industry zoning clasification. If the area is not used for this purpose (Multiple Family) it will never be used. Mayor Pregler moved that the hearing be recessed until Septem- ber 29th, 1969 at 7:30 p.m. in the Council Chamber at the City Hall and that the Council view the grounds with the Planning & Zon- ing Commission prior to that time. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. Petition of Harold Griebel re- questing permIssion to excavate at 1470 S. Grandview to install water service, presented and read. Mayor Pregler moved that the petition be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schnltz. Nays-None. 422 Special Session, September 22, 1969 Petition of West Dental Court requesting permission to excavate at 988 W- Third Street for sewer, water and gas services, presented and read. Councilman Couchman moved approval of the petition. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. Petition of K & K Heating Co. Inc., requesting a refund of $3.00 on air conditioning permit No. 18589 issued August 21, 1969, at 1935 Kennedy Road but was sub- sequently cancelled, presented and read. Councilman McCauley moved approval of the refund and direct- ed the City Auditor to issue proper warrant. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Petition of Hillcrest Investment, Inc., requesting permission to in- stall three boulevard type lights on Kennedy Circle, presented and read. Councilman Meyers moved that the petition be referred to the City Manager and Electrical in- spector for investigation and re- port. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Petition of Hugh Dalton request- ing installation of a street light midway in the 1800 block of Mt. Loretta Avenue, presented and read. Councilman Schultz moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays-None. Petition of Knights of Columbns, J. F. K. Council, requesting per- mission to solicit Christmas Candle Sales from door to door starting September 27, presented and read. Mayor Pregler moved that the request be approved contingent upon approval of the City Manager to set a time limit and justifica- tion tbat the proceeds be used for charitable purposes. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. Petition of Y.W.C.A. requesting permission to wash windshields which would involve placing of leaflets under windshield wipers on October 3 and 4 from 4tb Street to 10th Street including Locust and Main to publicize the 1970 United Fund Campaigu, pre- sented and read. Councilman Couchman moved that the petition be referred to the Mayor. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Petition of N. W. Bell Tele- phone Co. requesting permission to cut Bryant Street at Cleveland to install underground cabie as numerous attempts to bore under the street have failed, presented and read. Mayor Pregler moved approval of thc petition subject to approval of the City Engineer. Seconded by Councilman Mc- Canley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley, Schnltz. Nays-None. Petition of Dubuque Ass'n of the Blind reqnesting permission to conduct a cane candy sale from October 15 to December, 1969, presented and read. Mayor Pregler moved approval of the request subject to approval of the City Manager and tbat time limitation be considered. Special Session, September 22, 1969 423 Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays - None. Petition of Farah Ammari re- qnesting rezoning of Lots 8 and 9 in J. S. Brunskill's Addn. from Single Family to Multiple Family Zoning Classification, presented and read. Mayor Pregler moved tbat the petition be referred to the Plan- ning & Zoning Commission for investigation and report. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays - None. Petition of Maryel M. Birkett requesting a refund of $75. on the unexpired portion of cigarette license No. 247, as she has dis- continued business on September 10, 1969, presented and read. Mayor Pregler moved that the refund be granted and the Audi- tor instructed to issue proper warrant. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, S<hultz. Nays - None. Petition of Maryel M. Birkett requesting a refund of $100. on the unexpired portion of beer license No. 28, as she has discon- tinued business on September 10, 1969, presented and read. Mayor Pregler moved that the refund be granted and tbe Audi- tor instructed to issue proper warrant. Seconded by Conncilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Petition of Donna Rezac re- questing a refund of $150. on tbe unexpired portion of Class B Permit No. 73, as she has discon- tinued business on September 12, 1~69, presented and read. Mayor Pregler moved tbat the refund be granted and the Audi- tor instructed to issne proper warrant. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Petition of Donna Rezac re- questing a refund of $75. on tbe unexpired portion of cigarette license No. 55, as she has discon- tinued business on September 12, 1969, presented and read. Mayor Pregler moved that tbe refund be granted and the Audi- tor instructed to issue proper warrant. Seconded by Councilman Mc- Cauley. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Conchman, Meyers, Mc- Cauley, Schultz. Nays - None. Petition of Mrs. Dolores Weiner requesting a refund of $75. on the unexpired portion of cigarette lic- ense No. 166, as she has discon- tinued business on September 12, 1969, presented and read. Mayor Pregler moved that the refnnd be granted and the Audi- tor instrncted to issue proper warrant. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley, Schultz. Nays - None. RESOLUTION NO. 306-69 WHEREA~ FROMMELT BUllr DING CORPORATION, has re- quested from the City of Dubuque, Iowa that it be permitted to lease a small parcel of real estate abut- ting tbe parcel of real estate leased from the City of Dubuque under and by virtue of Lease dated the 2nd day of August, 1965, and WHEREAS, the City of Dubuque, Iowa deems it in tbe best public interest that said portion of real estate be ieased to Frommelt Building Corporation; 424 Special Session, September 22, 1969 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Lease Agree- ment heretofore entered on the 2nd day of August, 1965 be and the same is hereby amended to provide the leasing by the City of Dubuque, Iowa to Frommelt Building Corporation an additional parcel of real estate as shown on the attached plat. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Lease for and on bebalf of tbe City of Dubuque, Iowa. Passed, approved and adopted ibis 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Cierk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Amendment to Lease Agreement WHEREAS, Lease Agreement made and entered into on the 2nd day of August, 1965 by and be- tween CITY OF DUBUQUE, a Municipal corporation, c a i led "Lessor" and FROMMELT BUILD- ING CORPORATION, and Iowa corporation, called "Lessee" provi- ding for the Lessee to lease certain real estate owned by the City of Dubuque, Iowa and described as follows: Sears Roebuck & Co. Subdivi sion No.2 in the City of Dubu- que, Iowa, containing approxi- mately 1.03 acres. and, WHEREAS, tbe parties hereto desire to amend said Lease to provide for a leasing of an addi- tional parcel of real estate shown in red on tbe attached plat. WITNESSETH: 1. Lessor and Lessee do hereby agree that the Lease herein- above referred to be and tbe same is herehy amended by including an additional parcel of real estate as shown in red on tbe attached plat. and de- scribed as: Lot 2 of the Sub- division of Lot 1 of Sears-Roe- buck & Co. Sub. No.2 in the City of Dubuque, Iowa. 2. Leasee agrees to pay Lessor therefore an additional rental in the amount of 5.50 during the term of this Lease or any renewal thereof. 3. That the Lease Agreement hereinabove referred to be and tbe same in all other respects is hereby confirmed and ratified. IN WITNESS WHEREOF, the parties hereto have caused the due executive of this Agreement in duplicate on the 22nd day of September, 1969. CITY OF DUBUQUE, IOWA by: Walter A. Pregler Mayor by: Leo F. Frommelt Clerk FROMMELT BUILDING CORP. by: C. P. Frommelt Sec. Trea. by: S. J. Frommelt Pres. RESOLUTION NO. 307-69 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, compos- ed of Walter A. Pregler, Mayor, Vincent Kaiser, Chairman of Dock Board, and Robert E. Dorothy, Manager of Dubuqne Industrial Bureau, have recommended to the City Conncil of Dubuque, Iowa, that the application to purchase certain real estate by tbe Art Pape Transfer Co. of Dubuque, Iowa for tbe purpose of the construction of a building to expand its business. WHEREAS, tbe City Council of Dubuque, Iowa has examined said application and said recommenda- tion by the MAYOR'S INDUST. RIAL COMMITTEE and find that the sale of said estate should be approved, and WHEREAS, said real estate sought to be purchased by tbe Art Pape Transfer Co. of Dubuque, Iowa is described and known as: Lot 1 of Lot 1 of Block 3, "River- front Subdivision No.2" in the City of Dubuque, Iowa, accord- ing to the recorded plats thereof, subject to easements of record. Special Session, September 22, 1969 425 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of the Art Pape Transfer Co. of Dubuque, Iowa to purchase a parcel of real estate in the City of Dubuque, Iowa which real estate is described and known as follows: Lot 1 of Lot 1 of Block 3. "River- front Subdivision No.2" in the City of Dubuque, Iowa, accord- ing to the recorded plats there- of, subject to easements of record be and the same is hereby ap- proved upon tbe following terms and conditions: A. That said real estate be sold to the Art Pape Transfer Co. of Dubuque, Iowa for the con- struction of a building to ex- pand its business all of which real estate contains approxi- mately 42,200 square feet. B. That the sale price for said real estate shall be twenty cents ($.20) per square foot, for a total price of $8,448.00, ten percent whereof is paid down, and receipt thereof is acknow- ledged. C. That Art Pape Transfer Co. agrees to become a part-owner in the private sewer company formed by tbe other lot owners on East 12th Street and that Art Pape Transfer agrees to abide by tbe decision of the majority of tbese lot owners, and that Art Pape pay a re- presentative and equitable share of installation of said sewer which serves the property being sold. D. That the Art Pape Transfer Co. shall take the real estate sub- ject to existing easements and easements of record. E. That construction of buildings and other facilities be com- menced within one year of date of purchase, and completed within two years of same date, otherwise ownership of said land shall revert to the City of Dnbuque, Iowa and the purchase price, less damages, shall be refunded to the buyer. F. That construction of plant and ancillary improvements shal1 be in conformity with existing codes and easements of the City of Duhuque, Iowa. G. That Art Pape Transfer work out a private agreement willi Interstate Power Company re- lative to tbat firm's utility easement in the area. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by required. Passed, approved and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by tbe fol1owing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. September 18, 1969 To the Honorable Mayor and City Council Gentlemen: The Traffic Signals at tbe inter- section of 32nd Street and Central Avenue have been completed in accordance with plans and speci- fications by Tschiggfrie Excavating Company of Dubuque, Iowa. I recommend tbat the improve. ment be accepted. Respectfully submitted, Gilbert D. Chavenel1e City Manager Conncilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the fol1owing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, S<hultz. Nays - None. FINAL ESTIMATE RESOLUTION NO. 308-69 WHEREAS, the contract for the 32nd & Central Traffic Signal Insten.tion has been completed and the City Engineer has submitted his final estimate showing tbe cost there- of including the cost of estimates, Special Session, September 22, 1969 ment, they shan be seemed to have waived aU objections there- to. Said improvements shan be con- structed and done in accordance willi the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with tbe City Clerk. That the cost and expense of making said improve- ment will be paid from the Utiii- ties Fund The above resolution was in- troduced, approved, and ordered piaced on file with the City Clerk this 2nd day of September, 1969. Approved and placed on file for final action. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester M. McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 426 Special Session, September 22, 1969 notices, inspection, and preparing the assement and plat, noW there- fore, BÉ IT RESOLVED, by the City! Council of the City Dubuque, ' That the cost of said improve- ment is hereby determined to be $2,559.79. That $ -0- of tbe cost thereof shan be assessable upon private property and $2,559.79 shall be paid from the Utility Fund of the City of Dubuque. Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gayiord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers m 0 v e d adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me- Cauiey, Schultz. Nays - None. RESOLUTION NO. 309-69 WHEREAS, tbe contract for the 32nd & Central Traffic Signal Instanation has been completed and the City Manager has examined tbe work and filed his certificate stating that the same has been completed according to the terms of tbe contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that tbe recommendation of tbe City Manager be approved and that said improvement be and the same is hereby accepted. Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Syivester McCauley Merlin F. Schultz. Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the foUowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Proof of publication, certified to by the publisher of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for con- struction of 1969 Traffic Sigual Project No.1 at John F. Kennedy and Pennsylvania Avenue; Loras and Grandview; Dodge and Bryant Streets, presented and read. No Written objections were filed and no oral objectors were present in the Council Chamber at tbe time set for the public hearing. Councilman Couchman moved tbat the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the foUowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. (Necessity for Improvement) RESOLUTION NO. 277-69 WHEREAS, proposed p I a n s , specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other tbings tbe following: 1. An estimate of tbe cost of the proposed improvement. for the construction of 1969 Traffic Signal Project No. 1, at the following intersection: John F. Kennedy" Pennsyl- vania, Loras & Grandview, Dodge " Bryant BE IT THEREFORE RESOLV- ED tbat tbe City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make tbe herein men- tioned improvement, and unless property owners at the time of the final consdieration of this pro- posed resolution have on file willi tbe City Clerk objections to the amount of the cost of improve- Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the foUowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Proof of Publication, certified to by the Publisher, of Notice to contractors of receipt of pro- posals for the construction of 1969 Traffic Sigual Project No.1, pre- sented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. September 22, 1969 To tbe Honorable Mayor and City Council Gentlemen: Pursuant to your instructions sealed. bids were received until 427 10:00 a.m. Wednesday, September 1, 1969, for the improvement of the 1969 Traffic Signal Project No.1. The low bid was submitted by Tschiggfrie Excavating of Dnbu- que, Iowa. Their bid was 1.25% under the Engineers estimate. I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating Com- pany. RespectfnUy submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the foUowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. (Awarding Contract) RESOLUTION NO. 310.69 WHEREAS, sealed proposals have been submitted by contrac- tors for the 1969 Traffic Signal Project No.1 pursuant to Resolution No. 279-69 and notice to bidders published in a newspaper published in said City on September 4, 1969 and Sept- ember 11, 1969; and WHEREAS, said sealed propo- sals were opened and read on September 17, 1969, and it has been determined that the bid of Tschiggfrie Excavating of Dubu- que, Iowa in the amount of $15,- 863.83 was the lowest bid for the furnishing of all labor and mat- erials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque tbat the contract for the above mentioned improvement be award- ed to Tschiggfrie Excavating and the Manager be and he is hereby directed to execute a contract on behalf of tbe City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approvai of the contractors bond the City Trea- surer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Special Session, September 22, 1969 429 428 Special Session, September 22, 1969 Passed and adopted this 22nd No.1, and the valuations set out day of September, 1969. therein are hereby approved. Walter A. Pregler Walter A. Pregler Mayor Mayor Sylvester McCauley Sylvester McCauley Merlin F. Schultz Merlin F. Schultz Donald R. Meyers Donald R. Meyers Gaylord M. Couchman . Gaylord M. Couchman Councilmen Attest. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. RESOLUTION NO. 312-69 PRELIMINARY ESTIMATE and approval of plans, specifications, form of contract plat, and all other documents for the constrnc- tion of John F. Kennedy Road Sanitary Sewer 1969, from Kauf- mann Ave. northerly to Old Timers Athletic & Supper Club Place, Project No.1, at an estimated cost of $7,885.00, presented and read. Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Mc- Cauiey. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. (Necessity for Improvement) RESOLUTION NO. 313-69 WHEREAS, proposed p I a n s , specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubu- que and are now on file in the office of the City Clerk showing among other tbings the following: 1. The size and kind of sewers. 2. Each lot proposed to be asses- sed together with a valuation fixed by the council. 3. An estimate of tbe cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be assessed against each lot, for the construction' of the: JOHN F. KENNEDY ROAD - SANITARY SEWER, 1969 from Kaufmann Ave. northerly to Old Timers Athletic & Supper Club Place Project No.1 BE IT THEREFORE RESOLVED that tbe City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the herein mention- ed improvement, and unless pro- perty owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the a- mount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvement shall be constructed and done in accord- ance with tbe plans and specifica- tions which have been prepared therefor by tbe City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the a- mount provided by law, properly will be assessed whether the same abuts tbereon or is adjacent there- to according to area and in pro- portion to the special benefits conferred tbereby, and any defi- ciency shall be paid out of sewer funds, Sewer Bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk ibis 22nd day of September, 1969. Approved and placed on file for final action. Attest: Leo F. Frommelt City Clerk Councilman McCauley moved approval of tbe resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. (Fixing date of hearing) RESOLUTION NO. 314-69 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 312-69 given its pre- liminary approval on the proposed plans, specifications and form of contract and piaced same on file in the office of the City Clerk for public inspection, for the con- struction of the: JOHN F. KENNEDY ROAD- SANITARY SEWER, 1969 from Kaufmann Ave. northerly to Old Timers Athietic & Supper Place - Project No.1. and, WHEREAS, the proposed Re- solution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion, BE IT THEREFORE RESOLVED that on the 3rd day of November, 1969, a public hearing will be held at 7:30 p.m. C.S.T. in tbe Council Chamber in the City of Dubuque at which time the owners of pro- perty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to tbe amount proposed to be assess- ed against any lot and to the passage of tbe proposed Resolu- tion of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper publish- ed in the City of Dubuque, the last of which shall he not less than two (2) nor more tban (4) weeks prior to the day fixed for its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with tbe Clerk objec- tions to the amount of the pro- Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried hy the following vote: Yeas - Mayor Pregler, council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. September 4,1969 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheet No.1 inclusive showing a schedule of the proposed valua- tions and assessments for the con- struction of the John F. Kennedy ---Sanitary Sewer, 1969 from Kau- fmann Ave. northerly to Old Timers Athletic & Supper Ciub Place Project No.1 Submitted September 18, 1969. Respectfully Suhmitted, John L. White City Engineer By: H. J. D. Councilman Meyers moved tbat the communication he received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. RESOLUTION NO. 311-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Sheet No.1 inclusive is hereby determined to be the schedule of proposed assessments for the John F. Kennedy Road - Sani- tary Sewer, 1969 from Kaufmann Ave. northerly to Old Timers Ath- letic & Supper Club Place Project Approved: WalterA. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 430 Special Session, September 22, 1969 posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Proof of publication, certified to by tbe publisher, of notice to contractors of tbe receipt of pro- posals for the construction of City of Dubuque 1969 Concrete Curb and Gutter Project No.1 on the following streets: Pennsylvania Avenue from W.P. I L. of Key Knolls Sub. to W.P.L. of lot 2-1 of the E'h of SW'I. of Section 21 T. 89 N.R. 2E. Perry Street from the alley west Grandview Avenue to the E.P.L. of Rider Street, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregier, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. September 22, 1969 To the Honorable Mayor and City Council Gentlemen: pursuant to your instructions, sealed bids were received until 10 a.m., Thursday, September 18, 1969, for tbe City of Dubuque 1969 Concrete Curb and Gutter Project No.1. The lowest bid entered was by Tri-State Paving Company of Dubuque, Iowa. Their bid was 6.26%' over the estimate. I recommend that tbe contract for the improvement be awarded to the Tri-State Paving Company. Very truly yours Gilbert D. Chavenell~ City Manager Mayor Pregler moved approval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. (Awarding Contract) RESOLUTION NO. 31S.69 WHEREAS, sea led proposals have been submitted by contractors for the CITY OF DUBUQUE - 1969 CONCRETE CURB AND GUTTER PROJECT NO.1 pursuant to Resolution No. 269-69 and notice to bidders published in a newspaper published in said City on August 29, 1969 and September 5, 1969; and WHEREAS, said sealed proposals were opened and read on Septem- ber 18, 1969, and it has been deteroùned that the bid of Tri- State Paving Company of Dubu. que, Iowa in the amount of $44,- 568.20 was the lowest bid for the furnishing of all labor and materi. als and perforoùng the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for tbe above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- bnque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approvai of the contractors bond the City Trea- surer is authorized and instructed to return tbe bid deposits of the unsuccessful bidders. Passed and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Special Session, September 22, 1969 431 Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, S<hultz. Nays - None. Proof of Publication, certified to by the Publisher, of Notice to contractors of receipt of proposals for tbe construction of City of Dubuque 1969 Bituoùnous Con- crete Paving Project No.1, on the following named streets: I. AVALON STREET - from tbe soutb property line of Asbury Road to the south property line of Dirksen's Addition. 2. FLORA PARK - Ice Skating Rink 3. HIGH BLUFF STREET - from the nortb property line of Farley to the south property line of Fengler Street. 4. JEFFERSON PARK - Play area 5. WMBARD STREET - from the north property line of Dodge Street to the east pro- perty line of Lot 2-1-1-1-1-1-2 of Lot 1 and 2 of Sister's Addition. 6. NOWATASTREET-fromthe north property line of Uni- versity Avenue to the soutb property line of Loras Boule- vard. 7. SUNNYVlEW DRIVE - from the west property line of North Grandview Avenue to the west property line of St. Ambrose Street. 8. MESA DRIVE - from the south property line of Kane Street to tbe SQutb end of the street. 9. ALTURA DRIVE - from the east property line of Mesa Drive to tbe west property line of North Grandview Avenue. 10. CERRO DRIVE - from the east property line of Mesa Drive to tbe west property line of North Grandview Drive. l!. CORTO DRIVE - from tbe south property line of Cerro Drive to tbe south end of the street. 12. PERRY STREET - from the west property line of Grand- view Avenue to the east pro- perty line of Rider Street. 13. AUBURN STREET - from the soutb property line of Dex- ter Street to the north property line of Lot 179 of Woodlawn Park Addition. 14. BERKLEY PLACE - from the west property line of Primrose Street to the east property line of Oakcrest Drive. 15. Montgomery Ward - Parking Lot patching presented and read. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. September 22, 1969 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 a.m. Thursday, September 18, 1969, for the City of Dubuque 1969 Bituminous Concrete Paving Pro- ject No.1 The lowest bid was en- tered by tbe Mulgrew Blacktop, Inc., Company of Dubuque, Iowa. Their bid was 7.06% over the En- gineer's estimate. I recommend that the contract for tbe improvement be awarded to tbe Mulgrew Blacktop, Inc., Company. Very truly yours, Gilbert D. Chavenelle City Manager Councilman McCauley moved approval of the recommendation. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. (Awarding Controct) RESOLUTION NO. 316-69 WHEREAS, sea led proposals have been submitted by contrac- tors for tbe CITY OF DUBUQUE 1969- Bltmlnous Concrete Paving Proiect No.1 pursuant to Resolution No. 273-69 and notice to bidders published in a newspaper published in said City 432 Special Session, September 22, 1969 on August 29, 1969 and September 2. WACKER DRIVE - patching 5, 1969; and between John F. Kennedy WHEREAS, said sealed proposals Road and U.S. 20. were opened and read on Septem- 3. JOHN F. KENNEDY ROAD - ber 18, 1969, and it has been patching between Pennsyl- determmed tbat the bid of Mul- vama Avenue and University grew Blacktop, Inc. of Dubuque, Avenue. Iowa in the amount $94,633.57 4. CENTRAL AVENUE - from was the lowest bid for the fur- tbe south property line of nishing of all labor and materials Fulton s<hool to a point 100' and performing tbe work as pro- north of West 32nd Street. vided for in the plans and speci- presented and read. fications; now therefore, Mayor Pregler moved that tbe BE IT RESOLVED by the City proof. of publication be received Council of the City of Dubuque and flied. tbat the contract for the above Seconded by Co u n c i I man mentioned improvement be award- Meyers. ed to Mulgrew Blacktop, Inc. Carried by the following vote: and the Manager be and he is Yeas - Mayor Pregler, Councii- hereby directed to execute a men Couchman, Meyers, Me - contract on behalf of the City of Cauley, Schultz. Dubuque for the complete per- Nays - None. formance of said work. September 22, 1969 BE IT FURTHER RESOLVED, To th~ Honorab~e Mayor that upon tbe signing of said and CIty Counctl contract and tbe approval of the Gentlemen: contractors bond the City Trea- Pursuant to your in.structions, surer is authorized and instructed sealed bIds were receIved untIl to return tbe bid deposits of the 10:00 a.m.,Thursday, September unsuccessful bidders. 18, 1969, for the CIty of Dubuque Passed and adopted this 22nd 1969 Hot Mix-Hot ~id Asphaltic day of September 1969. Concrete Pavmg !"ro]ect No.1 The Walt';' A Pregle Lowest bId receIved was entered a o~ r by the Mulgrew Blacktop Incorp- M y orated, Company of Dubuque, Iowa. Sylv~ster McCauley Tbeir bid was 9.15%' over the Merhn F. Schultz estimate. Donald R. Meyers 1 recommend that tbe contract Gaylord M: Couchman for tbe improvement be awarded CouncIlmen to the Mulgrew Blacktop incor- porated, Company. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of tbe recommendation. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. (Awarding Contract) RESOLUTION NO. 317-69 WHEREAS, sealed proposals have been submitted by contrac- tors for tbe CITY OF DUBUQUE - 1969 Hot Mix-Hot Laid Asphaltic Concrete Peving Project Me. 1 pursuant to Resolution No. 271-69 and notice to bidders published in a newspaper published in said City Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. Proof of publication, certified to by the Publisher, of Notice to contractors of receipt of proposals for the construction of City of Dubuque 1969 Hot Mix-Hot Laid Asphaltic Paving Project No.1 on the following named streets: 1. PENNSYLVANIA AVENUE- from tbe west property line of Key KnGlls Subdivision to tbe west property line of Lot 2-1 of tbe E.'k of tbe SW'I. of SectiGn 21 T. 89N. R. 21';. Special Session, September 22, 1969 433 on August 29, 1969 and September 18, 1969, and WHEREAS, said sealed pro- posals were opened and read on September 18, 1969, and it has been determined that the bid of Mulgrew Blacktop, Inc. of Dubu- que, Iowa in the amount of $68,- 123.40 was the lowest bid for the furnishing of all labor and mat- erials and performing the work as provided for in tbe plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubnque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn tbe bid desposits of the unsuccessful bidders. Passed and adopted this 22nd of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas =- Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. Proof of Publication, certified tG by the Publisher, of Notice of Sale of Project Notes in tbe amount Gf $4,183,000., Second Series 1969, maturity February 13, 1970, Urban Renewal Project Iowa R-15, presented and read. No Gbjections were filed and no Gral GbjectGrs were present at tbe public hearing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays -Councilman Schultz. RESOLUTION NO. 318-69 Authorizing the sale, Issuance and delivery 01 project notes in the aggregate principal amount 01 $4,183,000.00 and the execution 01 requisition agreement No.2 in connection with the Downtown Urban Renewal Project, Project No. Iowa R-15 WHEREAS, City of Dubuque (herein called the "Local Issuing Agency") has entered into one or more contracts (which, together with any supplements thereto or amendments or waivers Gf any prGvisions thereof, are herein call- ed tbe "Contract") with the United States of America (herein called tbe "Government") providing for a loan by the Government to the Local Issuing Agency for financ- ing tbe urban renewal, low-rent housing Gr redevelopment project (s) described in the Contract and herein called tbe "Project"; and WHEREAS, pursuant to adver- tisement for the receipt of prG- posals for the purchase of the Second Series 1969 Gf Project Notes (herein sometimes called "New Project Notes") of the Local Issuing Agency aggregating $4,183,- 000.00, which appeared in a Notice of Sale published on September 3 and 10, 1969( in tbe Telegraph- Herald in tbe City of Dubuque, Iowa and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of tbe New Project Notes in the form approved by the Local issu- ing Agency were received, opened, and canvassed at the time and place mentioned in said advertise- ment, to wit: at Council Cham- bers, City Hall, 13th and Iowa in the City of Dubuque, Iowa 52001 at 1 o'clock p.m., E.D.S.T., on September 16th 1969, wbich pro- posais are a. folio...s: Name of Blddor Special Session, September 22, 1969 Special Session, September 22, 1969 435 Northern Trust Company and A. G. Becker Morgan Guaranty Trust Company of 5.90 % $4,183,000.00 $ 34.00 New York and Salomon Brothers and Hutzler Bank of.America, N. T. & S. A. First Nationai City Bank, Continental lllinois National Bank and Trust Company of Chicago, First Boston Corp. and Mellon National Bank Pittsburgh National Bank NOW THEREFORE: BE IT RESOLVED by the City City Council of tbe City of Du- buque, Iowa: Section 1. The aforesaid publi- cation of the Notice of Sale and the form and contents thereof as so published are hereby, in aH respects, approved, ratified and confirmed. Soctlon 2. In order to provide funds to pay expense incurred or to be incurred in tbe develoP' D tl ment of the Project, or to refund, enomlna on renew or extend its outstanding Notes issued in connection there- I willi, the Local Issuing Agency hereby determines to borrow tbe sum Four Miilion One Hundred Eighty Three Thousand DoHars ($4,183,000.00) and issue its negoti- able Project Notes tberefor. Section 3. The Locai Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purcbase of the desiguated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is therefore accepted, and said Notes are hereby awarded to the purchaser, as foHows: PrincIpal Amount Intere.t Roto $4,183,000.00 5.82% Purchaser Northern Trust Company and A. G. Becker 50 Soutb LaSalle Chicago, ll1inois 60690 Section 4. Each Note shaH be dated October 15th 1969, shall be payable as to both principal and interest to bearer, on February 13, 1970, and pursuant to each pro- posalfor the purchase of said Notes hereinabove accepted, shaH bear the rate of interest per an- num, payabie at maturity; shaH bear the nUmbers and be in the 434 Interest Principal Rato Amount Premium 5.82 % $4,183,000.00 $ 6.00 Section 6. The Requisition Agree- ment shall be executed in the name of the Local Issuing Agency by the mannal or facsimile signa- ture of the Mayor of the Local Issning Agency and shaH have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by tbe City Clerk, and said offi- cers are hereby authorized and directed to cause the Requisition Agreement to be properly execut- ed. Section 7. For the punctual pay- ment of tbe principal of and interest on the New Project Notes, tbe Local Issuing Agency hereby expressly and irrevocably promises to pay any sums which may be received from the Government pursuant to the Requisition Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Govern- ment, is hereby declared to be and is hereby assigned by the Local Issuing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contribntions, funds and a- mounts authorized or required by tbe Contract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Temporary Loan Obliga- tion," "Advance Notes" or Per- manent Notes") as issued in con- nection with the Project are here- by irrevocably pledged to secure the payment of the principal of and interest to maturity on the New Project Notes. Such pledge and the lien created thereby shaH cease and terminate when monies or Invesment securities convertible into cash not later than tbe maturity date of the New Project Notes, sufficient and for the pur- pose of paying the principal and Interest to maturity on such Notes are desposited with the paying agent or agents for such Notes. Section 8. The proceeds derived from the sale of the New Project Notes, togetber willi such amount of other funds of the Local Issu- ing Agency as may he necessary shall be applied, simultaneously willi the receipt of said proceeds, In accordance willi the provisions of tbe Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each 5.92 % $4,183,000.00 $ 71.00 5.94 % $2,000,000.00 $ 20.00 denominations; and be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust com- pany, as follows: Purchaser Northern Trust Co. and A. G. Becker 50 South LaSaHe, St. Chicago, lll. 60690 Numbers 1 - 32 33 - 43 44-54 55 - 64 65 .. 75 76 - 78 Rate Payable At Interest Northern $100,000 5.82% Trust Co. 50,000 50 S. LaSal. 25,000 Ie Street, 10,000 Chicago. 5,000 IllInois 1,000 60690 None of such Notes shaH be valid until after the Bank or Trust Company at which it is payable shali have sigued tbe agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the same of the Local Issuing Agency by the manual or facsimile signature of the Mayor & City Treasurer of tbe Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced tbereon and attested by the City Clerk, and said officers are hereby auth- orized and directed to cause said Notes to be properly executed. Section S. Each such Note shaH be in substantially the form of HUD-9010, which is Incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No.2" (herein called the "Requisition Agreement"), in substantiaHy the form of HUD-9003, which is in- corporated herein by reference, to be entered into between the Local IIsSUing Agency and the Govern- ment. . paying agent for the New Project Notes in substantially the form of HUD-9004, which is incorporat- ed herein by reference, and to transmit therewith (a) the New Project Notes for which the ad- dressee is the paying agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of said letter, and to take such otber actions as may be required to complete the delivery transaction in accordance with the terms of the letter to the paying agent. Passed, approved, and adopted this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman City Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley. Nays - Councilman S<hultz. RESOLUTION NO. 319.69 BE IT RESOLVED hy the City Council of the City of Dubuque, Iowa, that the foHowing having complied with the provisions of law relating to the sale of Cigaret- tes within the City of Dubuque, Iowa, be granted a permit to seH Cigarettes and Cigarette Papers within said City. James Kachevas, 665 Dodge Street (Tranfer from 493 Main Street) Dennis Burns, 2613 University Avenue Cyril John Fries, 201 East 22nd BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 436 Special Session, September 22, 1969 Councilman Meyers moved adopted of tbe resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, MC-¡ Cauley, Schultz. Nays - None. RESOLUTION NO. 32~9 WHEREAS, applications for Beer Permits have been submitted to this Council for approvai and the same have been examined: NOW THEREFORE, BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Theodore Ferring, 385 East 13th Street William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd Street Passed, adopted and approved ibis 22nd day of September, 1969. Walter A. Pregler Mayor Syivester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, S<hultz. Nays None. RESOLUTION NO. 321-69 WHEREAS, applications for beer Permits were filed by the within named applicants and they have received the approval of this Coun- cl1; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and tbey have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to tbe following named applicants a Beer Permit. CLASS "B" BEER PERMIT Theodore Ferring, 385 East 13th Street William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd Street BE IT FURTHER RESOLVED that the bonds filed by such ap. plicants be and the same are here- by approved. Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pegler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommeit City Clerk Councilman Meyers moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. RESOLUTION NO. 322.69 WHEREAS, applications for li- quor Permits have been submitted to this Council for approval and the same have been examined NOW THEREFORE BE IT RE- SOLVED, by tbe City Council of the City of Dubuque, Iowa, that the followng applications be grant- ed and licenses issued upon tbe compliance with the terms of tbe IOWA LIQUOR CONTROL ACT- CHAPTER 123 - as amended by the 60th General Assembly, 1963. Cia.. "C" Commarcial Establish. ment William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd Street Passed, adopted and approved ibis 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk -~~---~- Special Session, September 22, 1969 437 Councilman Couchman moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. RESOLUTION NO. 323-69 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received tbe approval of this Council, and WHEREAS, tbe premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issu- ed to the following named applþ cants a Liquor Permit. Class "C" Commerical Establish. ment William H. Baker, 1064 University Avenue Cyril John Fries, 201 East 22nd Street . Passed, adopted and approved this 22nd day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. There being no further business Mayor Pregler moved that this meeting be adjourned to Monday evening, September 29, 1969, in the Council Chamber at 7:30 p.m. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Leo F. Frommelt City Clerk Approved 1970 Adopted 1970 ........................................................... Councilmen Attest: ... "'ëiïÿ"'ëï~~k""""""""""" - 438 Special Session, September 29, 1969 CITY COUNCIL OFFICIAL Special Session, September 29, 1969. Council met at 12:00 o'clock noon (D.S.S.) Present - Mayor Pregler, Coun. cilmen Couchman, Meyers, Mc- Cauley, Schultz. City Manager Gilbert D. Chave- nene. Mayor Pregler read the cal1 and stated that service thereof had been duiy made and this meeting is called for the purpose of con. sidering proposals for the pur. tha.. of $200,000 sewer bonds - $100,000 Airport Bonds - $100,000 Fire Department Equipment Bonds -$200,000 Tree Removal Bonds and acting upon such other busi- ness as may properly come before I a regular meeting the City Coun- cil. Mayor Pregler issued a cal1 for receipt of any oral bids. There being none Mayor Pregler moved that receipt of orai bids be ciosed. Seconded by Councilman M c - Cauley. Carried by the fol1owing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauiey, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of meeting for issuance of sewer bonds. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by tbe fol1owing vote: Yeas - Mayor Pregler, Council- me~ Couchman, Meyers, M c- Cauley, Schultz. Nays-None. Proof of Publication, certified to by the publisher, of Notice of Sale of Sewer bonds in the amount of $200,000 presented and read. No oral objections were filed and no oral objectors were present in the Council Chambers at the time set for tbe public hearing. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the fol1owing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. September 29, 1969 Gentlemen: The Honorable Mayor .~d City Council City Hall Dubuque, Iowa 52001 Paul D. Speer President Bids were received today cover- ing $600,000 City of Dubuqne, Iowa, Generai Obligation Bonds of four issues. The sealed bids re- ceived are listed on the attached tabulation in accordance with the attached si~ned bids. There were no oral bids. Upon examination, it is our opinion that the bids respectively shown as best in tbe attached tabulation are the best bids re- ceived for each respective issue, and it is further our opinion that they are favorable to the City and should be accepted. We therefore recommend that the bonds be a- warded per said bids. Respectfully submitted, Paul D. Speer and Associates, Inc. Mayor Pregler moved that tbe communication be received and filed and made a matter of record. Seconded by Councilman Meyers. Carried by the fol1owing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. 439 Special Session, September 29, 1969 Investment Rating: Moody's Investors Service, Inc. - Aaa $200,000 CITY OF DUBUQUE, IOWA General Obligation Sewer Bonds Data of Sale: September 29, 1969 BIdden Price A. S. Hart & Co. - Awarded 100.0050 Memphis The First National Bank 100.1405 of Chicago - Manager The First National Bank - Dubuque Harris Trust and Savings Bank - 100.0491 Chicago Weeden & co., Inc. - San Francisco - Manager The Heitner Corporation - St. Louls United California Bank - Los Angeles The Northern Trust Company - 100.0460 Chicago - Manager Dain, Kalman & Quail, Inc. Minneapolis Shaw McDermott & Co. - Des Moines Central National Bank and Trust Co. - Des Moines LaSal1e National Bank - Mercantile Trust Co., N.A. - Carleton D. Beh Company - St. Louis and Des Moines - Jointly Shearson, Hammill & Co., Inc. 100.1405 100.0270 100.0000 100.0362 100.0038 100.1550 Investment Rating: Moody's Investors Service, Inc. - Aaa Net Interest Coupon Rates Rate 1975-77 5.40% 5.3992 % 1975-77 5", % 5.47796% 1975-77 5", % 5.4923 % 1975-77 5", % 5.49576% 1975 5% %" 5.4978 % 1976-77 5.40% 1975 5.60% 5.51337% 1976-77 5", % 1975 5.80% 5.556 % 1976-77 5", % 1975-77 5.60% 5.5994 % 1975-76 5% % 5.619 % 1977 5", % $100,000 CITY OF DUBUQUE, IOWA General Obligation Airport Bonds Date of Sale: September 29, 1969 Net Interest Price Coupon Rates Rate 100.0100 1974-77 5.40% 5.39826% 100.2210 1974-77 5", % 5.46156% BIdden A. S. Hart & Co. - Awarded The First National Bank of Chicago - Manager The First National Bank - Dubuque Harris Trust and Savings Bank - 100.0956 Chicago United CalIfornia Bank - Los Angeles Weeden & Co., Inc. - SanFrancisco - Manager The Heitner Corporation - St. Louis 1974-77 5", % 5.4833 % 100.0000 1974 6.00% 5.4858 % 1975-76 5.35%" 1977 5.40% 100.0270 1974-77 5", % 5.4953 % 440 Special Session, September 29, 1969 Bidders The Northern Trust Company - Chicago-Manager Dain, Kalman & Quail, Inc. - Minneapolis Shaw, McDermott & Co. - Des Moines Central National Bank and Trust Co. - Des Moines LaSalle National Bank - Net Intere.t Price Coupon Rate. Rate 100.0160 1974-77 5'h % 5.49726% 100.0675 1974 5.90% 5.539 % 1975 5.40% 1976-77 5'h % 100.0200 1974-77 5.60% 5.5965 % Mercantile Trust Co., N.A. - St. Louis and Carleton D. Beh Company - Des Moines - Jointly Investment Rating: Moody's Investors Service, Inc. - Aaa $100,000 CITY OF DUBUQUE, IOWA General Obligation Fire Department Equipment Bonds Date of Sale: September 29, 1969 A. H. Hart & Co. - Awarded 100.1000 1972-75 5.40% 5.3733 % Memphis The First National Bank - of Chicago - Manager The First National Bank - Duhuque United California Bank - 100.0000 1972 5.%. % 5.4525 % Los Angeles 1973-75 5.40% % The Nortbern Trust Company- 100.0960 1972 5.40% 5.4594 % Chicago - Manager Dain, Kalman & Quail, Inc. - Minneapolis 1973-75 5'h% % Shaw, McDermott & Co. - Des Moines Central National Bank and Trust Co. - Des Moines Harris Trust and Savings Bank - 100.1250 1972-75 5'h% 5.4665 % LaSalle National Bank - 100.0000 1972 5.90% 5.475 % Chicago 1973-75 5.40% % 100.0270 1972-75 5'h% 5.4928 % Weeden & Co., Inc. - San Francisco - Manager The Heitner Corporation - St. Louis Mercantile Trust Co., N. A. - St. Louis and Carleton B. Beh Co. - Des Moines - Jointly Investment Rating: Moody's Investors Service, Inc. - Aaa 100.1000 1972-75 5.60% 5.5733 % Special Session, September 29, 1969 441 $200,000 CITY OF DUBUQUE, IOWA General Obligation Tree Removal Bonds Date of Sale: September 29, 1969 Net Interest Bidders Price Coupon Rates Rate A. H. Hart & Co. - Awarded 100.1000 1972-74 5.40% 5.368 ~ '" Memphis The National Bank 100.2505 1972-74 5'h% 5.41984% of Chicago - Manager The First National Bank - Duhuque United California Bank - 100.0000 1972 5%.% 5.4215 % 1973-74 5.30% Los Angeies LaSalle National Bank - 100.0100 1972 5.60% 5.45086% Chicago TheNorthern Trust Company - 100.0660 Dain, Kalman & Quail, Inc. - Minneapolis Shaw, McDermott & Co. - Des Moines Central National Bank and Trust Co. - Des Moines Harris Trust and Savings Bank - 100.1115 Chicago Weeden & Co., Inc. - San Francisco - Manager The Heitner Corporation - St. Louis Mercantile Trust Co., N. A. - St. Louis and Carleton D. Beh Co. - Des Moines - Jointly Shearson, Hammill & Co., Inc. - 100.0000 1972 New York RESOLUTION NO. 324-69 RESOLUTION providing for the sale and award of $200,000 Sewer Bonds and approving and authoriz. ing the agreement of such sale and award. WHEREAS notice of sale of $200,000 Sewer Bonds of the City of Duhuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the pro- visions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper pnblished and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by None and' tbereafter such sealed 100.0270 1973-74 5.40% 1972 5.40% 5.45188% 1973-74 5'h% 1972-74 5'h% 5.4642 % 1972-74 5'h% 5.49136% 100.1110 1972-74 5.60% 5.5644 % 5 %.% 5.5675 % 1973-74 5'h% bids were opened, the substance of the best sealed bid being as follows: the bid submitted by A. S. Hart & Company, Inc. consist- ing of par and accured interest plus a premium of $10.00 with the bonds maturing in the years 1975 to lY77, inclusive, bearing interest at the rate of Five & Forty Hund- red- per cent (5.40%) per annum, NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of A. H. Hart & Company, Inc. for the pur- chase of $200,000 Sewer Bonds, as advertised, bearing interest at the rates specified in the preamable hereof, is the highest and best bid received and the said bonds be and the same are hereby awarded to said A. S. Hart & Company, Inc. 442 Special Session, September 29, 1969 Section 2. That tbe form of I agreement of saie of said bonds to A. S. Hart & Company, Inc. be and tbe same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to execute said agreement for and on behalf of tbe City of Dubuque, Iowa, and to affix the corporate seal of said City tbereto. Section 3. That all resolutions or parts of resoiutions in conflict herewith be and the same are hereby repealed. Passed and approved September 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. Leo F. Frommelt City Clerk Counc!iman Couchman moved adoption of the resolution. Seconded by Councilman Schu- ltz. Carried by the following vote: Yeas - MayorPregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. ORDINANCE NO. 36-ð9 An ordlnanca authorizing the lsouance of $200,000 Sewer Bond. end providing for the levy of taxe. to pay the same, presented and read. Councilman Meyers moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Counc!iman Schu- ltz. Carried by the foilowing vote: Yeas - Mayor Pregler, Council- I men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Counc!iman Meyers moved that the rules requiring an Ordinance to be read on tbree separate days be waived. Seconded by Counc!iman Schu- ltz. Carried by tbe following vote: Yeas - Mayor Pregler Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. NOW, THEREFORE, .e It 0"'01.... by the CIIY Co,ne" 0' the CIIY of D'- buo"" IOWa, e' fo"""" eac' , and '0 bw the "" .. fo"Ow", Sond Ro" of VH' Amo,n' ",mbe" Int""" 1975 SSO,OOO 1-10 5.8>" 1976 75.000 11-25 5.- 1971 75,000 2""'" 5-"" Section 2. roo' each of ,old bond' be "blee' '0 ,oo"","on .. fo ,,;ael,ol In the nome of the I>old" on the boOk' of the CilY T"o""" '"" ,ool,""'on belno no'" "",.., and men' 0' tho modo only AnY bond 0"" In , ..no"y 0' ",n""'" ",.. 0' '0 ony bond '0 boo'"~ Section 3. roo' ..,d bond', ~, ::;g,,"n'II;I~o~e fofo".:r~~tro:,'1::., be In Special Session, September 29, 1969 443 (Fo,m 0' Sond) UNITED STATES OF AMERICA STATE OF IOWA COUNTV OF DUBUQUE CITV OF nUBUQUE SEWER BOND $5000 no... ALL MEN BV THESE PRESENTS, T'o' tho CIIY 0' D,b,o", In the Co,,1Y of D,b,o"' "d Sto'o of Iowa, fo' vol", '8<"vod, ..oml.., fo OOV '0 bo"", 0' If 'hi, bond bo '001"".. " '0 "'nc1,,I, '0 tho "'- ""," 'old" ""of, tho "m of FIYO Tho",nd Do"o" ($5000) on tho fl'" day of J""",. 19 , wIth In""" o. "Id "m "om '" dato ",eof A' tho "" of P8' cen' ( %) ", o"vm, "yoblo Jon"", 1, 1970, "d ..mi- o",atlV th"eoft" on 'ho ti", dm of J,IV "d Jon"", ,. "" YO" "'" ,,'d ..Iaelool "m " "Id, a" "ch No.- Mom of tho CIIY of Dv,"""" IOwa Aft"" 5!,t.~J::",~O~o CIIY of (Fo,m 0' eo"o.) No. - $-- O. -, 19-, tho T'""", of tho ellV of Dvb,o"" In Dob,o"' eo"lY, Iowa. will ,ov '0 b"m- Do"'" ($-) at 'ho oftice of "0 ellY T"""", Ovb,o"" Iowa, fo, i.""" doe tho' do'o o. '" SOW" Bo.d, do'od Octob" 1 ,1969, No.-. Aft"" Movo, CIty el"k (Fo,m fo, Rooi""'io. of Ow.",",,) 00'0 of R"""o"o. Nomoo' R"i""... Ow." 5Ig..fv" 0' eltv T"""" O. tho bock 01 "ch bo.d th"o "'" bo endo",d a mtitieat, of '" City T"""" ,. tho fo"owl.. fo,m, City T""vm', eo,;itico" T" ",", 0' fhl, bend ", b... d,lv "d ,,0"'" "gl,'"od In mv otilce " of "0 ",,'dov 010ctob",1969. T"",," of tho City of Dvb,o"" Iowa. s,ctlo. 4. T'" "Id bood, bo "","d " 'mi. ..ovldod " ,oon at'" '" odo,ti" of 'hi. o,di...ce " may be . .... doli""" w'o ''a" ,o",mo cpo" "d tho ",- eo,aell. 444 Special Session, September 29, 1969 Fo' "', YO" "74 , tox ""'ol,,,t to pCO- d,,' th' "m of "',100.00 foe "in"pal and In"",t, Foe th, v,", 1975 a fax ,u"'ol,nt fo ,,0- du" 1h' ,um of $79,OSO.OO foe p,ino;pal and In1""t. All -.".. .-.-,.'".. ,.k,n foe tho I,yy and- on'lv {oe tho pavm,n"'- oÍup,lnoip,' and in"",i of iho bond' h",bv au- "'oel"d and to, no oth" pU,"'" w"'t- "~~\. ih' oeln"pal 0' in""" ",mlno d,' ai anv lim' when """ '" In"f- flolont fond' on ",nd fo pav "', "m, be p"mptlv paid when doe f"m ,"",nt fond, on ",nd, and "Imb,mm,nt b, mad, to "oh o"",nt fond' In !h, "m, th" advan"d wh,n ih' fax" ho"ln p"vld'" ,",II h'" boon ",I1""d. Soc"oo 6. That all oedinanm, "","- "on'oepa,t'th"'ofln"'nfl"th"~ wI'" b, and th' "m, '" ho"bv ,,- poal,d to tho oxt,ni of ,coh "nfli". p""d and "''O"" "pt,m"" 29, "". Walt" A. p"ol" Mom Af",i' L'" F. "mm,1t CiIY R,wd'" , 29. "". p,bn,h,d 30,1969. L'" F. omm,lt CIIY k Councilman Meyers moved ad- option of the Ordinance. Seconded by Councilman S<hu- ltz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Proof of Publication, certified to by tbe Publisher, of Notice of meeting for issuance of Airport Bonds, presented and read. Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley, Schultz. Nays - None. Proof of publication, certified to by the publisher, of Notice of Sale of $100,000 Airport Bonds, pre- sented and read. No written of objections were filed and no oral objectors were present in the Council Chambers at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be receiv- .ed and filed, Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men, Couchman, Meyers, Me. Cauley, Schultz. Nays-None. RESOLUTION NO. 32S-69 RESOLUTION providing for the sale and award of $100,000 Air- port Bonds and approving and authorizing the agreement of such sale and award. seal of said City thereto. WHEREAS notice of sale of $100,000 Airport Bonds of tbe City of Dubuqne, in Dubuque County, Iowa, has heretofore been given in strict compliance with the pro- visions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were call- ed for and received, the highest of which open bids was as follows: the bid was submitted by None and thereafier such sealed bids were opened, the snbstance of tbe best sealed bid being as follows: the bid submitted by A. S. Hart & Company, Inc. consisting of par accrued interest plus a premium of $10.00, with the bonds maturing in the years 1974 to 1977, inclu- sive, bearing interest at the rate of Five & Forty Hundreths per cent (5.40%) per annum. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dnbuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of A. S. Hart & Company, Inc. for tbe purchase of $100,000 Airport Bonds, as advertised, bearing interest at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to saidA. S. Hart & Company, Inc. Section 2. That the form of agreement of sale of said bonds to A. H. Hart & Company, Inc. be and the same is hereby approved, and the Mayor, City Clerk and City Special Session, September 29, 1969 445 Treasurer are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 29, 1969. the provisions of either Section 330.16 or Section 408A.2 of the Code of Iowa, 1966, asking that the question of issuing said bonds be submitted to the voters of said city; NOW, THEREFORE, Be It Re- solved by the City Conncil of the City of Dubuque, Iowa, as follows: Section I. That pursuant to and as authorized by Section 330.16 of the Code of Iowa, 1966, there shall be and there is hereby ordered issued the negotiable Airport Bonds of said City of Dubuque in the principal amount of $100,000, said bonds to be twenty (20) in number, numbered consecutively from 1 to 20, inclusive, of the denomination of $5000 each, and dated October 1, 1969. That the bonds of said issue shall bear interest from the date thereof at the rates hereinafter specified, such interest being payable Janu- ary 1, 1970, and semiannually thereafier on the first days of July and January in each year until tbe principal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and the seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed thereon. Interest on said honds shall be evidenced by cou- pons thereto attached and matur- ing on the several days when such interest matures, which coupons shall be executed with the facsi- mile signatures of said officials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their pro- per signatures their respective facsimile signatures appearing on said coupons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and pay- able In their numerical order on January 1 of each of the respective years and shall bear interest at the rates as follows: Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Couch- man. , Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. RESOLUTION NO. 326.69 A RESOLUTION providing for the Issuance of $100,000 Airport Bonds and providing for the levy of taxes to pay the same. WHEREAS the City of Dubu- que, Iowa, has heretofore estab- lished a municipal airport pursu- ant to the law as now contained in Chapter 330 of the Code of Iowa, 1966, and said airport is now owned by said City under management and control of its Airport Commission; and WHEREAS under the provisions of Section 330.16 of the Code of Iowa, 1966, the City of Dubuque, Iowa, is authorized to issue its airport bonds for the purpose of improving said airport and in ac- cordance with request of the Air- port Commission and as ordered by this City Council, notice of a meeting of the City Council for the purpose of instituting proceed- ings and taking action for the issuance of $100,000 Airport Bonds of said City to pay the cost of improving said airport has here- tofore been given in the manner, time and form as required by law; and WHEREAS no petitions or Ob-I Year jections have been filed or made 1974 protesting the issuance of said 1975 bonds and no petition has been 1976 filed with tbe City Clerk under I 1977 Amount Numbers $25,000 1- 5 25,000 6-10 25,000 11.15 25,000 16-20 Rate of Interest 5.40% 5.40% 5.40% 5.40% 446 Special Session, September 29, 1969 Section 2. That each of said ~~~~s P~ci~~~j~~\~~ :.~~t~;t~~~ I holder on the books of the City Treasurer, such registration being noted upon each bond so register- ed, and after such registration payment of the principal thereof shall be made only to the regis- tered holder. Any bond so regis- tered, upon the request in writing of such holder personallY or by attorney-in-fact, may be transfer- red either to a designated trans- feree or to bearer, and the princi- pal of any bond so transferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been regis- tered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons the r e t 0 attached by delivery merely. Section 3. That said bonds, cou- pons and provisions for registra- tion be in substantially the follow- ing form: (Form of Bond) United States of America State of Iowa County of Dubuque City of Dubuque Airport Bond No. - $5000 KNOW ALl. MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque and State of Iowa, for vaine re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to the registered holder hereof, the sum of Five Thousand Dollars ($5000) on the first day of January, 19...., with interest on said sum from the date hereof until paid at the rate of - per cent (-%) per annum, payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each year, such interest as may accrue on and prior to the maturity here- of to be payable only on presenta- tion and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are pay- able in lawful money of the United States of America at the office of the CIty Treasurer in and of the City of Dubuque, Iowa. This bond is one of an authoriz- ed series of bonds numbered from 1 to 20, inclusive, issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions of Section 330.16 and Chapter 76 of the Code of Iowa 1966, and all laws amendatorý thereof and supplementary tbere- to, and in conformity with a re- solution of the City Council of said City duly passed, approved and recorded, for the purpose of improving the Municipal Airport in and for said City. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly exis- tent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable pro. perty within said City for the pay- ment of the principal and interest of this bond as the same will respectively become due; tbat tbe faith, credit, revenues and re- sources and all the real and per. sonal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of said City, includ- ing this bond, does not exceed any constitutional or statutory limita- tions. This bond is subject to registra- tion as to principal in tbe name of the holder on the books of tbe City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such regis- tration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration here- of shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be sigued by its Mayor and attested by its City Clrek, with tbe seal of said City affixed and the coupons hereto attached to be executed with the facsimile signatures of said Mayor Special Session, September 29, 1969 447 and City Cierk, which officials by the execution of ibis bond do adopt as and for their proper signatnres their respective facsi- mile signatures appearing on said coupons, all the first day of Octo- ber, 1969. Mayor of the City of Dubuque, Iowa Attest: City Clerk of tbe City of Dubuque, Iowa (Form of Coupon) No. - $ - On ..00.....00....................., 19...., tbe Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer """00"""""""""""'..."""00.. Dollars ($..............00) at the office of tbe City Treasurer, Dubuque, Iowa, for interest due tbat date on its Airport Bond, dated October 1, 1969. No. ..................... Attest: -........................... Mayor ....................... City Clerk (Form for Registration of Ownership) Date of Registration Name of Registered Owner Signature of City Treasurar """"""""""""""'-""""""'-"""'00"""'... On tbe back of each bond there shall be endorsed a certificate of the City Treasurer in tbe follow- ing form: City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of October, 1969. '",,""""'..00.00................................... Treasurer of tbe City of Dubuque, Iowa Section 4. That said bonds be executed as herein provided as soon after tbe adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shall register tbe fact of the is- suance of same in a book provided for that purpose and shall deliver said bonds to the purchaser, as determined by this Council, upon Receipt of the purchase price, the same to be not less than tbe par value of said bonds with accrued interest thereon. All action and proceedings heretofore taken in connection willi the sale and a- ward of said bonds are hereby ratified and confirmed in all reo spects. Section S. That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ord- ered levied on all the taxable property in said City in each of tbe years while said bonds or any of them are outstanding, a tax suf- ficient for tbat purpose, and in furtherance of this provision, but not in limitation thereof, tbere be and there is hereby levied on all the taxable property in said City the following direct annual tax, to wit: For the year 1969 a tax sufficient to produce the sum of $6,750.00 for interest; For tbe year 1970 a tax sufficient to produce the sum of $S,400.oo for interest; For the year 1971 . tax sufficient to produce tbe sum of $S,4oo.oo for interest; For the year 1972 a tax sufficient to produce tbe sum of $30,400.00 for principal and interest; For tbe year 1973 a tax sufficient to produce tbe sum of $29,OSO.OO for principal and interest; For the year 1974 a tax sufficient to produce the sum of $27,700.00 for principal and interest; For the year 1975 a tax sufficient to produce the sum of $26,3S0.oo for principal and interest. All action heretofore taken for the levy of tbe taxes hereiofore provided to be levied in the year 1969 for collection in 1970 is here- 448 Special Session, September 29, 1969 by ratified and confirmed in all respects. That tbe principal or interest coming due at any time when there are insufficient funds on hand to pay tbe same be promptly paid when due from current funds on hand, and reimbursement be made to such curent funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution he filed with tbe County Auditor of Dubuque Coun- ty and that said Auditor be and he is hereby instructed in and for each of the years 1969 to 1975, inclusive, to enter for collection and assess the tax hereby auth- orized, When annually entering said taxes for collection, the Coun- ty Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of prin. cipai and interest of the bonds hereby authorized and for no other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed to tbe extent of such conflict. Passed and approved Septemher 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, S<hultz. Nays - None. Proof of publication, certified to by the publisher, of Notice of meeting issuance of Fire Depart- ment Equipment Bonds, presented and read. - -'- Councilman Meyers moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Proof of Publication certified to by the Publisher, of Notice of Sale of Fire Department Equipment Bonds in the amount of $100,000 presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be receiv. ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley, Schultz. Nays-None. ReSOLUTION NO. 327-69 RESOLUTION providing for the sale and award of $100,000 Fire Department Equipment Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $100,000 Fire Department Equip- ment Bonds of the City of Dubu- que, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of tbe Code of Iowa, by publication of notice for two or more successive weeks in a news- paper published in Dubuque Coun- ty; and WHEREAS all sealed bids have been received and placed on file, after which open hids were called for and received, the highest of which open bids was as follows: the bid submitted by None. and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by A. S. Hart & Company, Inc., consisting of par and accrued interest plus a premi- um of $100.00, with the bonds maturing in the years 1972 to 1975, inclusive, bearing interest at the rate of Five & Forty Hundreths per cent (5.40%) per annum. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being duly Special Session, September 29, 1969 449 advised in the premises it is here- by determined tbat the bid of A. S. Hart & Company, Inc. for the purchase of $100,000 Fire Depart- ment Equipment Bonds of said City, dated. October 1, 1969, as advertised, bearing interest at tbe rates specified in the premable hereof, is the highest and best bid received and that said bonds be and tbe same are hereby awarded to said A. S. Hart & Company, Ine. Section 2. That the form of agreement of sale of said bonds be and the same is hereby approv. ed, and the Mayor, City Clerk and City Treasurer are hereby auth- orized to accept and execnte the same for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. RESOLUTION NO. 328.69 RESOLUTION authorizing the Issuance of $100,000 Fire De- partment Equipment Bonds and providing for the levy of taxes to pay the same. WHEREAS the City of Dubu- que, in tbe County of Dubuque and State of Iowa, heretofore, pur- suant to and in strict compliance .with all laws applicable, lawfully ordered and provided for the acquisition of certain equipment for the fire department in and for said City, tbe cost whereof, to the amount of $100,000, is to be paid by said City as a whole by !be issuance of bonds; and WHEREAS it is necessary and advisable tbat provisions be made for the issuance of such bonds at ibis time and notice and hearing on the initation of proceedings for such issuance has heretofore been given in manner and form required by Sections 23.12 and 4O8A.l of the Code of Iowa and no petition nor protest has been filed, and no petition has been filed asking tbat the proposition of issuing said bonds be submitted to the voters of said City; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to and as authorized by Section 368.16 of the Code of Iowa, 1966, there shan be and tbere is hereby ordered issued the negotiable Fire Depart- ment Equipment Bonds of said City of Dubuque in tbe principal amount of $100,000, said bonds to be twenty (20) in number, number- ed consecutively from 1 to 20, inclusive, of tbe denomination of $5000 each, and to be dated Octo- ber 1, 1969. That the honds of said issue shall bear interest from the date tbereof at the rates herein- after specified, such interest being payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each year until the principal thereof is paid. Said bonds shall be signed by the Mayor and attested by the City Clerk and tbe seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registra- tion endorsed thereon. Interest on said bonds shall be evidenced by coupons tbereto attached and maturing on the several days when such interest matures, which coupons shall be executed with the facsimile signatures of said officials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their proper siguatures tbeir respective facsimile signatures appearing on said coupons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of tbe City of Dubuque, Iowa. Said bonds shall become due and paybale in their numberical order on January 1 of each tbe respec- 450 Special Session, September 29, 1969 ~;et;.e~:te~n~s s~~No~~~r interest I YEAR AMOUNT 1972 $25,000 1973 25,000 1974 25,000 1975 25,000 BOND RATE OF NUMBERS INTEREST 1- 5 5.40% 6-10 5.40% 11.15 5.40% 16-20 5.40% Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on tbe books of the City Treasurer, such registration being noted upon eacb bond so register. ed, and after such registration payment of the principal tbereof shail be made only to the regis- tered holder. And bond so regis- tered, upon the request in writing I of such holder personally or by attorney-in-fact, may be transfer- red either to a desiguated trans- feree or to bearer, and the princi- pal of any bond so transferred and registered to bearer shail there- upon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shail not restrain tbe negotiability of the coupons there- to attached by delivery merely. Section 3. That said bonds, coupons and provisions for regis- tration be in substantiaily the following form: (Form of Bond) United Stetes of America State of Iowa County of Dubuque City of Dubuque Fire Department Equipment Bond No. - $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principai, to the registered holder hereof, the sum of Five Thousand Doilars ($5000) on the first day of January, 19-, willi interest on said sum from the date hereof until paid at tbe rate of per cent (-%) per annum, payable January 1, 1970, and semiannually thereafter on the first days of Julycand 'Janu- - ary in each year, interest to matu. rity being payable on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are pay- able in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubu- que pursuant to and in strict com- pliance with tbe provisions of Section 368.16 and Chapter 76 of tbe Code of Iowa, 1966, and ail laws amendatory thereof and sup- plementary thereto, and in con- formity with a resolution of tbe City Council of said City duiy passed, approved and recorded for the purpose of acquiring equip- ment for the fire department in and for said City. This bond is subject to regis- tration as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such regis- tration no transfer hereof, except upon books and similarly noted hereon, shail be valid unless the last registration shall have been to bearer. Registration hereof shail not effect the negotiability of tbe coupons hereto attached, which shail continue negotiable by deli- very merely. And it is hereby certified and recited that all acts, conditions and tbings required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed prece- dent to and in tbe issue of this bond, were and have been properly existent, had, done performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all tbe taxable pro- perty within said City for the pay- ment of the interest on and prin- cipal of this bond as tbe same ..ul respectively become due; that tbe faith, credit, revenues and re- sources and all tbe real and per. sonal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and tbat the total indebtedness of said City, includ- ing tbis bond,.dòeSnot exceed anY Special Session, September 29, 1969 451 constitutional or statutory limita- tions. IN TESTIMONY WHEREOF, said City, by its City Council, has caus- ed this bond to be signed by its Mayor and attested by its City Clerk, with tbe seal of said City affixed and the coupons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper siguatures their respective facsi- mile siguatures appearing on said coupons, ail the first day of Octo- ber, 1969. Mayor of the City of Dubuque Attest: City Clerk of the City of Dubuque, Iowa. (Form of Coupon) No. .00......00. $............ On h""""""""""""'" 19......, the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer ............................................ .....00......... Doilars ($....................) at the office of tbe City Treasurer, Dubuque, Iowa, for interest due that date on its Fire Department Equipment Bond, dated October 1, 1969, No.....h.......h.. Mayor Attest: City Clerk (Form for Registration of Ownership) Date of Registration Name of Registered Owner Signature of City Treasurer On the back of each bond there shall be endorsed a certificate of the City Treasurer in the foilow- ing form: City Treasurer's Certificate The issue of this bond has been 'duly and properly registered in my office as of the first day of October, 1969. Treasurer of the City of Dubuque, Iowa Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shail register the fact of the is- suance of same in a book provided for that purpose and shall deliver said bonds to the purchaser as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon, and ail action heretofore taken in connection with the sale and award of said bonds is hereby ratified and con- firmed in ail respects. Section S. That as reqnired by law, including Chapter 76 of the Code of Iowa, 1966. and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby levied upon all of the taxable prop.rty in said City in each of the years while said bonds or anv of them are outstanding a tax sufficient for t"at purpose. and in furtherance of this provision. but not in limita- tion thereof. there be and there is hereby levied on all the taxable property in said City the following direct annual tax, to-wit: For the year 1969 a tax suffi- cient to produce the sum of $6,750.00 for interest; For the year 1970 a tax suffi- cient to produce the sum of $30,4DO.00 for prin- cipal and interest; For the year 1971 a tax suffi- cient to produce the sum of $29,050.00 for prin- cipal and interest; For tbe year 1972 a tax suffi- cient to produce the sum of $27,700.00 for prin- cipal and interest: For the year 1973 a tax suffi- cient to produce the sum of $26,3S0.00 for prin- cipal and interest; That ail action heretofore taken for tbe levy of the taxes herein- 452 Special Session, September 29, 1969 before provided to be levied in the year 1969 for collection in 1970 is hereby ratified and con- I firmed. A certified copy of this resolu- tion shaH be filed with the County Auditor of Dubuque County and said Auditor shaH be and he is hereby instructed in and for each of the years 1969 to 1973, inclu- sive, to enter for coHection and assess the tax hereby authorized. When annuaHy entering said taxes for coHection, the County Auditor shaH include the same as part of the tax levy for debt service fund purposes of said City, and when coHected, the proceeds of said taxes shaH be converted into tbe debt service fund of said City and set aside therein as a special ac- count to be used solely and only for the payment of principal and interest of the bonds hereby auth. orized and for no other purpose whatsoever. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on funds on hand, and reimbursement be made to sucb current funds in the sums thus advanced when the taxes herein provided shaH have been coHected. Section 6. That aU resolutions or parts thereof in conflict here- with be and the same are hereby repealed to the extent of such conflict. Passed and approved September 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. Leo. F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Proof of Publication, certified to by the publisher, of Notice of meeting for issnance of tree Re- moval bonds, presented and read. Councilman Meyers moved that the proof of puhlication be receiv- ed and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays - None. Proof of Publication, certified to by the Publisher of Notice of Sale of Tree Removal Bonds in the a- mount of $200,000, presented and read. No written objections were filed and no oral objectors were present in the Council Chambers at the time set for the public hearing. Councilman Meyers moved that the proof of publications be re- ceived and filed. Seconded by Mayor Pregler. Carried by the foUowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c . Canley, Schultz. Nays - None. RESOLUTION NO. 329-69 RESOLUTION providing for the sale and award of $200,000 Tree Removal Bonds and approving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $200,000 Tree Removal Bonds of the City of Dnbuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more succes- sive weeks in a newspaper pub- lished in Dubuque County; and WHEREAS aH sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as foHows: the bid submitted by None. and thereafter such sealed bids were opened, the substance of tbe best sealed bid being as follows: the bid submitted by A. S. Hart & Company, Inc., consisting of par and accrued interest plus a pre- mium of $200.00, with the bonds maturing in the years 1972 to 1974, inclusive, bearing interest at tbe rate of Five & Forty Hundreths per cent (S.40%) per annum. NOW, THEREFORE, Be It Re- Special Session, September 29, 1969 453 solved by the City Council of the City of Dubuque, Iowa, as foHows: Section 1. That upon being duly advised in the premises it is here- by determined that the bid of A. S. Hart & Company, Inc, for the purchase of $200,000 Tree Removal Bonds of said City, dated October 1, 1969, as advertised, bearing in- terest at the rates specified in the preamble hereof, is the highest and best bid received and that bonds be and the same are here- by awarded to said A. S .Hart & Company, Inc. Section 2. That the form of agreement of sale of said bonds be and the same is hereby approv- ed, and tbe Mayor, City Cierk and City Treasurer are hereby auth- orized to accept and execute the same for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 29, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29th, 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Conch- man. Carried by the fonowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. RESOLUTION NO. 330-69 A RESOLUTION providing for the Issuance of $200,000 Tree Re- moval Bonds and providing for the levy of taxes to pay tbe same. WHEREAS, pursuant to a duly enacted ordinance, the City of Dubuque, Iowa, has heretofore assumed charge, custody and con- trol of an trees and shrubbery up- on the public streets of said City, and the planting, pruning, care, re- moval and maintenance of an trees and shrubbery upon the public streets of said City has not been I' conferred upon tbe Board of Park Commissioners of said City but is supervised by the City Council, an as permitted and pro- vided for by Section 368.32 of the Code of Iowa, 1966, as amended; and WHEREAS the City of Dubuque, Iowa, bears the cost of the removal and replacement of trees on public property in said City and, as a result of the rapid spread of dutch elm disease, an emergency exists making it necessary and for the best interests of said City that a large number of diseased elm trees be removed from public property and replaced with healthy trees; and WHEREAS it is necessary that the cost of the removal and re- placement of diseased elm trees on public property in said City, to the amount of $200,000 be now provided for by the issuance of bonds payable from the proceeds of taxes levied on an the taxable property in said City as authorized and permitted by Section 368.32 of the Code of Iowa, 1966, as a- mended by House File 183 of the Acts of the Sixty-third General Assembly of the State of Iowa, and notice and hearing on tbe initiation of proceedings for the issuance of said bonds has here- tofore been given in manner and form reqnired by Section 23.12 of the Code of Iowa and Chapter 408A of the Code of Iowa and no petition nor protest has been filed, and no petition has been filed asking that the question of issuing such bonds be submitted to the voters of the City; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as fonows: Section 1. That pursuant to and as authorized by Section 368.32 of the Code of Iowa, 1966, as amend- ed, and particularly as amended hy House File 183 of the Acts of the Sixty-third General Assembly of the State of Iowa, there shall be and there is hereby ordered issued the negotiable Tree Remov- al Bonds of said City of Dubuque in the principal amount of Two Hundred Thousand Dollars ($200,- 000), said bonds to be forty (40) in number, in the denomination of $5000 each, numbered from 1 to 40, both numbers included, aH of said bonds to be dated October 454 Special Session, September 29, 1969 1, 1969. That the bonds of said issue shall bear interest from the date thereof at the rates herein- after specified, such interest being payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each year until the principal thereof is paid. Said bonds shall be signed by tbe Mayor and attested by the City Clerk and the seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registra- tion endorsed thereon. Interest on said bonds shall be evidenced by coupons thereto attached and matnring on the several days when such interest matures, which cou- pons shall be executed with the facsimile signatures of said offi- cials, and said Mayor and City Cierk, by the execution of said bonds, shall adopt as and for their proper signatures their facsimile signatures appearing on said cou- pons. Both principal and interest I of said bonds shall be payable in lawful money of the United States' of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. Said bonds shall become due and payable in their numerical order on January 1 of each of the respective years and shall bear interest at the rates as follows: Year Amount 1972 $75,000 1973 75,000 1974 50,000 Bond Role of Numbers Interest 1 - 15 5.40% 16 - 30 5.40% 31 - 40 5.40% Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bonds so regis- tered, and after such registration payment of the principal thereof shall be made only to the regis- tered holder. Any bond so regis- tered, upon the request in writing of such holder personally or by attorney-in-fact, may be transfer- red either to a designated trans- feree or to bearer, and the princi- pal of any bond so transferred and registered to bearer shall there- upon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain tbe negotiability of the coupons there- to attached by delivery merely. Section 3. That said bonds, cou- pons and provisions for registra- tion be in substantially the follow- ing form: (Form of Bond) United States of America State of Iowa County of Dubuque City of Dubuque Tree Removal Bond No. ................ $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to tbe registered holder hereof, the sum of Five Thousand Dollars ($5000) on tbe first day of January, 19...., willi interest on said sum from tbe date hereof at the rate of """""",,"'00"'" per cent (........%) per annum, payable January 1, 1970, and semi- annually thereafter on the first days of July and January in each year until said principal sum is paid, all such interest as may ac. crue on and prior to the maturity of this bond to be paid on pre- sentation and surrender of tbe interest coupons hereto attached as tbey severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds issued by tbe City of Dn- buque pursuant to and in strict compliance with the provisions of Section 368.32 and Chapter 76 of the Code of Iowa, 1966, and all laws amendatory thereof and sup. plementary thereto, including House File 183 of tbe Acts of tbe Sixty-third General Assembly of the State of Iowa, and in con- formity with a resolution of the City Council of said City duly passed, approved and recorded, for the purpose of defraying the cost of the removal and replacement of diseased elm trees on public property in said City. And It Is Hereby Certified and Special Session, September 29, 1969 455 Recited tbat all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly ex- istent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable pro- perty within said City for the pay. ment hereof, both principal and of ibis bond as tbe same will respectively become due; that the faitb, credit, revenues and resour- ces and all the real and personal property of said City are irrevoca- bly pledged for the prompt pay- ment hereto, both principal and interest; and tbat tbe total in. debtedness of said City, including this bond, does not exceed any constitutional or statutory limita- tions. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such regis- tration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless tbe last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTiMONY WHEREOF, said City, by its City Council, has caus- ed ibis bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed and tbe coupons hereto attached to be executed willi the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for tbeir proper signatures their respective facsimile signa. tures appearing on said coupons, all the first day of October, 1969. Mayor of the City of Dubuque, Iowa Attest: ..............00................................ City Clerk of tbe City of Dubuque, Iowa (Form of Coupon) No. ............ $ ............ On ..............0000.............., 19...., the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer """"""......00................ ............ Dollars ($..........00....) at the office of the CIty Treasurer, Du- buque, Iowa, for interest due that date on its Tree Removal Bond, dated October 1, 1969, No. ........... Attest: ................................... Mayor """"""""'....00............. City Clerk (Form for Registration of Owner- ship) Date of Registration Name of Registered Owner Signature of City Treasurer ...........""'00"""""""""""""""00" On the back of each bond tbere shall be endorsed a certificate of the City Treasurer in the follow- ing form: City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of October, 1969. ....0000................00.......00".00 Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to tbe Treasurer of said City, who shall register the fact of tbe is- suance of same in a book provided for that purpose and shall deliver said bonds to the purchaser, as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon, all action here- tofore taken in connection with the sale and award of said bonds being hereby ratified and confirm- ed in all respects. 456 Special Session, September 29, 1969 Section S. That as required by Chapter 76 of the Code of Iowa, and for tbe purpose of providing for the levy and coilection of a .direct annual tax sufficient to pay the interest on said bonds as it fails due, and also to pay and discharge the principal there. of at maturity, there be and there is hereby ordered levied on ail the taxable property in said City in each of the years while said bonds or any of them are outstand- ing, a tax sufficient for that pur- pose, and in furtberance of this provision, but not in limitation thereof, there be and there is hereby levied on all the taxable property in said City the fol1ow- ing direct annual tax, to-wit: For the year 1969 a tax suffi- cient to produce tbe sum of $13,500.00 for in- terest; For the year 1970 a tax suffi- cient to produce the sum of $8S,800.oo for prin- cipal and interest; For the year 1971 a tax suffi- cient to produce tbe sum of $Bl,7S0.00 for prin- cipal and interest; For the year 1972 a tax suffi- cient to produce tbe sum of $S2,7oo.oo for prin- cipal and interest. Tbat all action heretofore taken for tbe ievy of the taxes herein. before provided to be levied in the year 1969 for collection in 1970 is hereby ratified and con- firmed. Tbat the principal or interest coming due to any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums tbus advanced when tbe taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of tbe years 1969 to 1972, inclusive, to enter for collec- tion and assess the tax bereby authorized. When annually enter- ing said taxes for collection, the County Auditor shail include tbe same as a part of the tax levy for debt service fund purposes of .- _.-- said City, and when collected, the proceeds of said taxes shall be converted into the debt service fnnd of said City and set aside therein as a special account to be used soleiy and only for tbe pay- ment of principal and interest of the bonds hereby authorized and for no other purpose whatsoever. Section 7. That all resolutions or parts thereof in couflict herewith be and the same are hereby re- pealed to the extent of such con. flict. Passed and approved September 29. 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded September 29tb 1969. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the foilowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Conncil- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Leo F. Frommelt City Clerk Approved ......00............................1970 Adopted ......................................1970 ............................................................ Councilmen Attest: """"'ciï;"ëi~~k"""""""""'" Adjourned Special Session, September 29, 1969 457 CITY COUNCIL OFFICIAL Adjourned Special S e os ion, September 29, 1969. Council met at 7:30 p.m. (D.S.T.) Present - Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. City Manager Gilbert D. Chav- enelle. Mayor Pregler read the call and stated tbat service tbereof had been duly made and this meeting is an Adjourned meeting of the special meeting of September 22, 1969, called for the purpose of Reconsidering Rezoning of Block "A" Oak Brook Subdivision, and acting upon such other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of notice of pub. lic hearing to rezone Block "A" Oak Brook Subdivision, from Single Family to Multiple Family District Classification, presented and read. Mayor Pregler moved that the proof of puhlication be recieved and filed. Seconded hy Councilman Mc- Cauley. Carried by the foilowing vote: Yeas - Mayor Pregler, Conncil. men Couchman, Meyers, M c - Cauiey, Schultz. Nays - None. Councilman Couchman moved that the rules be suspended in order to let anyone present ad- dress tbe Council if they so de- sire. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Some question arose as to the extension of the present storm sewer in tbe area in the light of the proposed expansion. Attorney Hal Reynolds stated that the Developers commit themselves to construction of the storm sewer. Mr. Wm. Stockel of 1501 Earl Drive made inquiry as to cost of curb' '" gutter fronting his pro- perty which evidently had no bearing on the rezoning of Oak Brook subdivision. ORDINANCE NO. 3S.69 An ordinance amending and changing Ordinance No.3. 3 4 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa so as to change certain property hereinafter de- scribed from "Single Family Resl. dence District" Classification to "Multiple Family Residence Dis- trict" Classification, said Ordinance having been previ- ously presented and read at the Council meeting of August 25, 1969, presented for final adoption. 'Co<> F. Fmmmol' City CI.,.. Mayor Pregler moved fin a I adoption of the Ordinance. Seconded by Councilman Couch- man. Caried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, S<hultz. Nays-None. Notice of Claim of Farah Am- mari, in the amount of $500. for damage incurred as the result of a backed-up sewer at 2766 Univer- sity Ave. September 28, 1969, pre- sented and read. Mayor Pregler moved that tbe notice of claim be referred to tbe City Solicitor for investigation and report. 458 Adjourned Special Session, September 29, 1969 Adjourned Special Session, September 29, 1969 459 damage incurred as the result of said car being strnck by fallen dead tree limbs while parked at tbe corner of Dock & Lincoln streets on July 24, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauiey, Schultz. Nays-None. Notice of Claim of Thomas John Stanton of 3061 Kaufmann Ave., in tbe amount of $44.97 for motor- cycle and personal property dam- age 'incurred as the result of striking sewage in the street, while riding said motorcycle, in tbe 400 block of West 8th Street on September 27, 1969, presented and read. Mayor Pregler moved that the notice of ciaim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays-None. September 29, 1969 To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on July 15, 1969 for applicants to the Fire Department. The following named persons passed both tbe written and physi- cal examination and are hereby certified for appointment to tbe Fire Department. Rudolph A. Vera 77.5% Paul F. Behr 75 % Richard C. Hanson 73.3% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Com. Notice of Claim of Mrs. Richard Vyverberg of 3160 Ideal Lane, in an esilmated amount of $15.76 for car damage incurred as the result of striking a defective curb at 2403 Stafford Avenue on Septem- ber 13, 1969, presented and read. Mayor Pregler moved that tbe notice of claim be referred to tbe City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Notice of Suit of W. T. Grant Company vs. Board of Supervisors and City of Dubuque in the a- mount of $300,000 for items of storage damaged in the Hodge Warehouse in the Brunswick In- dustrial Block as the result of an overflowed drainage ditch on June 25, 26, 27, 1969, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mey- ers. Carried by tbe foliowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Notice of Suit of Irene Ann Brown Administratrix of William George Brown estate in the a- mount of $300,000 vs. Gilbert D. Chavenelle City Manager and Percy N. Lucas Police Chief as the result of negligence on their part on various counts which re- sulted in William George Brown's death by banging in the City jail on June 28, 1969, presented and read. Mayor Pregler moved that the notice of suit be referred to tbe City Solicitor for investigation and report. Seconded by Counciiman Meyers. Carried by the foliowing vote: Yeas - Mayor Pregler, Councii- men Couchman, Meyers, Me. Cauley, Schultz. Nays - None. Notice of Claim of Marvin Ken- nicker of 1402 Lincoln Ave., in tbe amount of $43.78, for ear Seconded by Councilman Mey-! ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays-None. Notice of Claim of William J. Miller of 2835 Burlington Street in the amount of $50. for damage incurred as the result of a backed- up sauitary sewer into his home on September 24, 1969, presented and read. Mayor Pregler moved that tbe notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the foliowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Notice of Claim of N. A. Patter- son of 920 Center Place in the amount of 59.75, for trees destroy- ed at Westridge and Daniels Street during the process of cut- ting weeds by tbe City crews in August of 1968 and 1969, present- ed and read. Mayor Pregler moved that the notice of claim be referred to tbe City Solicitor for investigation and report. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. Notice of Ciaim of R. J. Kuef- ler of 1560 Ruan Drive in the esti- mated amount of $238.17 for car damage incurred as the result of said car being struck by dead elm tree limbs at 195 S. Grandview on September 15, 1969, presented and read. Mayor Pregier moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Counciiman Mey- ers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me. Cauley, Schultz. NayS - None. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29th day of September 1969. Eugene J. Berens Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. September 29, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission condncted entrance examinations on Julv 15. 1969 for applicants to the POLICE Depart- ment. The following named person passed both the written and physi- cal examinations and is herehy certified for appointment to the Police Department. Donald J. Thilmany 74% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Serivec Com. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 29 dav of September, 1969. Eugene J. Berens Notary Public Councilman Meyers moved that the commnnlcation be received and made a matter of record. Seconded by Mayor Pregler. Carried bv the following vote: Yeas - Mayor Pre~ler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. Petition of Peoples Natural Gas requesting permission to exavate at 80,879,923.988 West Third Street to remove service from torn down buildings, presented and read. Mayor Pregler moved that the petition be granted subject to ap- proval of the City Engineer. Seconded by Councilman Mey- ers. Carried by the foliowing vote: 460 Adjourned Special Session, September 29, 1969 Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. Proof of Publication, certified to by the Publisher, of Invitation for proposals for the purchase and re- development of Downtown Urban Renewal area between Iowa and Central from 9th to 4th and on the northeast corner of 8th & Locust Street, presented and read. No written objections were filed at the time set for the public hearing. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c - Cauley, Schultz. Nays - None. At 7:55 P.M. - Mayor Pregler moved that the Council go into executive session to consider pro- posals of property purchases in the Urban Renewal area. Seconded by Conncilman Couchman. Carried hy the following vote: Yeas - Mayor Pregler, Council- emn Couchman, Meyers, McCauley, Schultz. Nays-None. The Council reconvened in re- I gular session at 10:15 p.m. RESOLUTION NO. 331-69 Authorizing the chargeoff of ac- crued delinquent rents in connec- tion with the Downtown Urban Renewal Project, Iowa R-IS WHEREAS, in the administra- tion of the Property Management Program, rentals are accrued and collected from occupants of pro- perty purchased by the City of Dubuque in the carrying out of the Downtown Urhan Renewal Project, Iowa R-15; and WHEREAS, there has accrued certain delinquent rentals which in the best interest of the project should be charged-off; now there- fore BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That based upon re- cords maintained by the Depart- ment of Urban Renewal there is hereby found and determined in connection with the accrued delin- quent rental accounts hereinafter Itsted, that there is no reasonable .- -- -~ - -. prospect of collection, that tbe probable costs of further efforts to collect would not be warranted or that collection would impos~ undue hardship on the tenant. Account Number Amount 11 $13.69 36 29.36 101 8.20 131 37.50 Section 2. That the Director of Urban Renewal be and he is here- by authorized and directed to chargeoff in the appropriate ac- counting records for the Downtown Urban Renewal Project, Iowa R- 15, the aforementioned delinquent accrued rentals. Passed, approved and adopted this 29tb day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resoiution. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, Schultz. Nays - None. RESOLUTION NO. 332-69 Declaring intent to sen a por. tion of the Downtown Urban R.. newal Project, Iowa R.1S, to An- drew D. Karigan and Gust Kari- gan WHEHEAS, under date of Au- gust 4, 1969, the Council of tbe City of Dubuque approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15, and WHEREAS, under date of Sept- ember 15, 1969, in response to a public offering a proposal for the purchase and redevelopment of a portion of the project land was received from Andrew D. Karigan and Gust Karigan, and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development, certain docu- Adjourned Special Session, September 29, 1969 461 ments must be made available for public inspection and a public hearing condncted; now therefor, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of tbe South 65 feet of the East- erly 94 feet of Parcell of Block 1 in the Downtown Urban Re- newal Project, Iowa R-15, to An- drew D. Karigan and Gust Karigan in accordance with the terms of the Disposition Documents govern. ing such sale on file in tbe office of the Department of Urban Re. newal. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of pub- lic hearing to be held on Novem- ber 3, 1969, and to make certain documents available for public in- spection. Such notice shall be substantially in the form of Exhi- bit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted tbis 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Legal Notice of Hearing Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, tbe City Council of the City of Dubuque wili hold a public hear- ing for the purpose of considering the authorization of the execution of proposed agreements by and between the City of Duhuque and the developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real estate located in the Downtown Urban Renewal Project, Iowa R- 15, which projects includes the area bounded by Fourth Street on the south, Central Avenue on the east, Nintb Street on the north, and Locust Street on tbe west. Name of Developer Address Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 p.m. on the 3rd day of November 1969, and any person or organization desiring to be heard wili be given an opport- unity to he heard on the question of the proposed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form prescribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said developers are on file and avail- able for inspection at the office of the City Clerk, City Hall, Du- buque, Iowa between 8:00 a.m. and 5:00 p.m. except Saturdays, Sun- days, and holidays. Said docu- ments shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of tbe resolution. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, M c- Cauley, Schultz. Nays - None. RESOLUTION NO. 333.69 Declaring intent to sell a por- tion of the Downtown Urban Re- newal Project, Iowa R-IS, to Can- field Hotel, Inc. WHEREAS, under date of Au- gust 4, 1969, the Council of the City of Dubuque approved and authorized the receiving of pro- posals for the sale aod redevelop- ment of certain parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15, and WHEREAS, under date of Sept- ember 15, 1969, in response to a public offering a proposal for the purchase and redevelopment of a portion of the project laod was received from Canfield Hotel, Inc., and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development, certain docu- ments must be made available for public inspection and a puhlic hearing conducted; now therefore, ,162 Adjourned Special Session, September 29, 1969 BE IT RESOLVED BY THE COUNCiL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Du- buque hereby declares its intent, after a public hearing, to dispose of Parcel 3 of Block 1 and the West 65 feet of the South 130 feet of Parcell of Block 1, in the Downtown Urban Renewal Project, Iowa R-15, to Canfield Hotel, Inc., in accordance willi the terms of the Disposition Documents govern- ing such sale on file in the office of the Department Urban Renew- al. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing to be held on November 3, 1969, and to make certain documents available for public inspection. Such notice shall be substantially in the form of Exhi- bit "A" attached hereto and made a part hereof, and such notIce may cover one or more proposals. Passed, approved, and adopted this 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord 1\1. Couchman Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Legal Notice of Hearing Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Council of the City of Dubuque will hold a public hear- ing for the purpose of considering tbe authorization of the execution of proposed agreements by and between the City of Dubuque and the developers hereinafter listed for the purchase and redevelpment of certain parcels of real estate located in the Downtown Urban Renewal Project, Iowa R-15, which project includes the area bounded by Fourth Street on the south, Central Avenue on the east, Ninth th Street on the north, and Locust Street on the west. Name of Developer Address Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 p.m. on the 3rd day of November 1969, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the proposed dispositions. A "Redeveloper's Statement for Public Disclosure" in the form prescribed by the Department of Housing and Urban Development and the proposed "Disposition Agreement" for each of said developers are on file and avail- able for inspection at tbe office of tbe City Clerk, City Hall, Dubu- que, Iowa between 8:00 a.m. and 5:00 p.m. except Saturdays, Sun- days, and holidays. Said docu- ments shaH also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Couchmao moved adoption of tbe resolution. Seconded by Councilman Mey- ers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Me - Cauley, Schultz. Nays - None. RESOLUTION NO 334-69 Declaring intent to sene por. tion of the Downtown Urben Re- newal Project, Iowa R.1S, to Fischer end Company, Inc. WHEREAS, under date of Au- gust 4, 1969, the Council of tbe City of Dubuque approved and authorized the receiving of pro- posals for the sale and redevelop- ment of certain parcels of real estate in the Downtown Urbao Renewal Project, Iowa R-15, and WHEREAS, under date of Sept- ember 15, 1969, in response to a public offering a proposal for the purchase and redevelopment of a portion of the project iand was received from Fischer and Com- pany, Inc., aod WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Developemnt, certain docu. ments must be made available for public inspection and a public hearing conducted; now tberefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Du. buque hereby declares its intent, after a public hearing, to dispose of Parcel 10 of Block 10 in the Adjourned Special Session, September 29, 1969 463 Downtown Urban Renewal Project, Iowa R-15, to Fischer and Com- pany, Inc. in accordance with the terms of tbe Disposition Docu- ment of Urban Renewal. Section 2. That tbe City Clerk be aod is hereby authorized and directed to publish notice of pub- lic hearing to be held on Novem- ber 3, 1969, and to make certain documents available for public in- spection. Such notice shall be substantially in the form of Exhi- bit "A" attached hereto and made a part hereof, and such notice may cover one or more proposals. Passed, approved, and adopted this 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCanley Merlin F. Schultz Donaid R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Legal Nollca of Heerlng Pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, the City Council of the City of Dubuque will hold a public hear- ing for tbe purpose of considering tbe authorization of tbe execution of proposed agreements by and between the City of Dubuque and tbe developers hereinafter listed for the purchase and redevelop- ment of certain parcels of real estate located in the Downtown .Urban Renewal Project, Iowa R- 15; which project includes the area bounded by Fourth Street on the south, Central Avenue on tbe east, Ninth Street on the nortb, and Locust Street on the west. Name of Devaloper Address Said hearing will be held in Council Chambers, City Hall, 13th and Iowa Streets, Dubuque, Iowa, at 7:30 p.m. on the 3rd day of November 1969, and any person or organization desiring to be heard will be given an opportunity to be heard on the question of the propsed dispositions. A "Redeveloper's Statement for Puhlic Disclosure" in the form prescribed by tbe Department of Housing and Urban Development and tbe proposed "Disposition Agreement" for each of said deveiopers are on file and avail- abie for inspection at the office of the City Clerk, City Hall, Du- buque, Iowa between 8:00 a.m. and 5:00 p.m. except Saturdays, Sundays, and holidays. Said docu- ments shall also be available at the time of the public hearing. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Seconded by Councilman Mey- ers. Carried by the foHowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Mc- Cauley, S<hultz. Nays-None. RESOLUTION NO. 33$-69 Declaring intent to ..11 a por- tion of the Downtown Urban Re- newal Project, Iowa R.15, to Abeln Abstract Company WHEREAS, under date of Au. gust 4, 1969, the Council of the City of Dubuque approved and authorized the receiving of pro- posals for tbe sale and redevelop- ment of certain parcels of real estate in tbe Downtown Urban Re- newal Project, Iowa R-15, and WHEREAS, under date of Sept- ember 15, 1969, in response to a public offering a proposal for the purchase and redeveiopment of a portion of the project land was received from Abeln Abstract Company, and WHEREAS, pursuant to Chapter 403 of the 1966 Code of Iowa, as amended, and certain regulations of the Department of Housing and Urban Development, certain docu- ments must be made available for public inspection and a public hearing conducted; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Du- bzuque hereby declares its intent, after a public hearing, to dispose of the West 74 feet of the South 79 feet of Parcell of Block 3 in tbe Downtown Urban Renewal Project, Iowa R-15, to Abeln Ab- stract Company in accordance willi tbe terms of the Disposition Document governing such sale on file in the office of tbe Depart- ment of Urban Renewal. Section 2. That tbe City Clerk be and is hereby authorized and dinittèd to publish notice of pub- lic hearing tó be heid on Novem- APproved 464 Adjoul1led Special Sessiol1, Septtmlbef 29, 1969 ber 3, 1969, and to mal<e certain doouments available for Pllblic inspection. Such notice shali be slIbatantiaily in the form of Ex. hibit "A" attached hereto and made a part hereof, and such notiee may cover one or more proposals. Passed, approved, and adopted tbl. 29th day of September, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schuita Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk EXHIBIT "A" Le." Notl.. of HHrl"g pursuant to Chapter 403 of the 1966 Code of Iowa, a. amended, the City Council of the City of Dubullue will hold a public hear. ing for the purpose of considering tbe authorization of the execution of proposed agreements by and between tbe City of Dubuque and tbe developers hereinafter listed for the purchase and redevelop. ment of certain parcels of real IIState locatad in the Downtown Urban Renewal Project, Iowa R-15, wblch project incllldes the area bounded by Fourtb Street on the south, Central Avenue on the out, Nintb Street on the north, and Locust Street on the west. Namo of Devoloper Addr... Said hearing will be held in Council Chambers, City Hall, 13tb and Iowa Streets, Dubuque, Iowa, at 7:30 p.m. on the 3rd clay of November 1969, and any person or organÎZlltion desiring to be heard on tbe question of the ques- tion of tbe proposed dispositions. A "Redeveloper's Statement for public Disclosure" in tbe form pre- IICrihed by the Department of Housing and Urban Development and the proposed "Disposition A þ'ee l\ent" for each of said d'IVelopm are on file and av¡lil- able for inspeetlon at tbe offi~ of tbe City Clerk, City Rali, Dubuq\le, Iowa between 8:00 a.m. anò 5:00 p.m. except Satllrdays, Sundays. and holida,s, said dOCllments shall also be avJilable at the time of the PUblic iltII'ins. Leo P', FrolDllielt CIty Clerk Councilman Couehmall -eel adoption of the I'tsolutioa. Seeondeò b, ÇQunçilDWI Me,. us. Carried ii, tbe folieWÌqg veta: Yeas - Meyor Pregler, Co\lllCÌ1- men Couchman, Meyers, M " . Calliey, Schllita. Nays - None. There being no furtber busing Councilman COII"lIma" moved to adjourn. Seconded by Cc¡uneilman Me- Ceuley. Carried by tbe followiug vote: Yees - Mayor Pregler, Collneil. men Couehman, Meyers, Mc- Cauley, Schulta. Ney. - None. [,eo F. Frommelt City Clerk 1970 Adopted 1970 ..........................................................., ........................................................-. """"'00"""""""""00""""""'.....""""'" ..........................................................00 .....00."""""""""""""""""""""""""" CouneUmen Attest: """"CU;'C¡;;;t"h""'h"""""h