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