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City Council Proceedings 07.19.1976_Calling Election on Proposed Bonds for Civic Center 372 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 City Clerk, but such revocation shall not be effective if the holders of two-thirds in aggregate principal amount of the bonds outstanding as In this section defined shall have, prior to the attempt- ed revocation, consented to and ap- proved the amendatory resolution referred to in such revocation. The fact and date of the execution of any instrument under the provisions of this section may be proved by the cer- tificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgements of deeds within such jurisdiction, that the persons sign- ing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a wit- ness to such execution sworn to before such officer. The amount and numbers of the bonds held by any person executing such instrument and the date of his holding the same may be proved by the affidavit of such person or by a cer- tificate executed by any responsible bank or trust company showing that on the date therein mentioned such persons had on deposit with such bank or trust company the bonds described In such certificate. Section 17. If any section, paragraph, clause or provision of this resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this resolution shall become effective immediately upon its passage and approval. Section 18, That all resolutions or orders or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved July 19, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July I9, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption ofthe resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. RESOLUTION NO. 276-76 RESOLUTION directing the adver- tisement 01 $5,700,000 Water Revenue Bonds, 1976 Series, of the City of Dubuque, Iowa. WHEREAS pursuant to proper proceedings tbe City of Dubuque in Dubuque County, Iowa, has heretofore determined it to be necessary and advi- sable to construct Improvements and extensions to tbe municipal waterworks plant and system of said City; and WHEREAS said City contemplates the issuance of $5,700,000 Water Revenue Bonds, 1976 Series, for the purpose of paying the cost of con- structing said improvements and ex- tensions, and it is necessary and for the best interests of said City that said bonds be offered for sale at this time; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Water Revenue Bonds, 1976 Series, of said City in the amount of $5,700,000 be offered for sale pursuant to advertisement, said bonds to be dated July 1, 1976, with interest payable January 1, 1977, and semian- nually thereafter on the first days of July and January of each year, and to mature serially and in numerical order on July 1 of each of the respective years as follows: Year Amount Year Amount 1977 $100,000 1987 $300,000 1978 200,000 1988 300,000 1979 200 000 1989 300,000 1980 200,000 1990 350,000 1981 200,000 1991 350,000 1982 200,000 1992 400,000 1983 200,000 1993 400,000 1984 250,000 1994 400,000 1985 250,000 1995 400,000 1986 250,000 1996 450,000 but with the right reserved to the City to call and redeem the bonds maturing in the year I991 to 1996, inclusive, prior to maturity in whole, or from time to time in part in inverse order of ma- turity and within a maturity by lot, on any Interest payment date on or after July I, 1990, on terms of par and ac- crued interest to the date of redemp- tion plus a premium of three per cent (3%) of tbe principal amount of any of such bonds called for redemption. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sale of said bonds for two or more successive weeks and on the same day of each week in the "Telegraph-Herald", a legal newspaper printed, published and of general cir- culation in Dubuque County, Iowa, such notice to state that bids will be received and acted upon by this Council at a meeting to be held at the Council Chambers in the City Hall, in the City of 17,1976, and has determined that voting machines shall be used at said election; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That a special municipal election is hereby called and ordered to be held in and for the City of Dubuque, Iowa, on Tuesday, the 17th day of AUGUST, 1976, at which there shall be submitted to the voters of said City 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? Section 2. That for said election on said proposition the City shall be divid- ed Into twenty-five precincts, the boun- daries of which shall be delimited by Ordinance No. 28-72 of said City. The polls shall be kept open from seven o'clock AM. until eight o'clock P.M. and the polling places within the respective election precincts shall be as follows: Prec. Code Polling Places 1st 1 Marshall School - 1450 Rhomberg Ave. Dubuque County Court- house - 720 Central Ave. Sacred Heart School - 2211 Queen Street Christensen's Greenhouse - 2635 Windsor Ave. Holy Ghost School- 2901 Central Ave. Fulton School - 2540 Central Ave. Audubon School - 535 Lincoln Fire Station - West 18th & Central Ave. Amalgamated Meat Cut- ters Union Bldg. - 1111 Bluff 10th 10 Mercy Hospital Nurses Home - 252 Peabody 11th 11 Bryant School - 1280 Rush 12th 12 YMCA Dodge & Booth Streets 13th 13 Washington Jr. High School - 51 No. Grandview 14th 14 Fire Station No.4 - University & Atlantic 15th 15 Lincoln School - 1101 West 5th Street 16th 16 Jackson School - 715 West Locust 17th 17 Dubuque Senior High School - 1800 Clark Dr. Dubuque, Iowa, at 1:00 o'clock P.M" on the 5th day of August, 1976. Section 3. That the City Clerk is further authorized to prepare such cir- culars for further advertisement as may be deemed advisable, in order to afford due publicity to the sale of said bonds. Section 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved July 19, 1976. Alvin E. Lundh Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1976. Leo F. Frommelt City Clerk Councilman Stackis moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays - None. Absent - Councilman Brady. RESOLUTION NO. 277.76 RESOLUTION calling an election on the proposition of Issuing bonds for the purpose of con- structing a Civic Center. WHEREAS it is deemed necessary and advisable that the City of Dubuque, in Dubuque County, Iowa, construct and equip a Civic Center and acquire a site therefor in said City, for which purpose it will be necessary to borrow money and issue bonds of said City: and WHEREAS the construction and equipment of this Civic Center and the acquisition of a site therefor constitutes a "city enterprise" and a "general cor- porate purpose" within the meaning of Section 384.24 of the Code of Iowa, 1975, as amended; and WHEREAS the estimated cost of constructing and equipping said Civic Center and of acquiring a site therefor is $3,700,000 and before this project can be carried out and before bonds of said City may be issued to cover the expense thereof, the question must be presented to the voters of said City for their ap- proval as required by Section 384.26 of the Code of Iowa, 1975, as amended; and WHEREAS under the provisions of Section 47.2 of the Code of Iowa, 1975, as amended, the County Commissioner of Elections is charged with the re- sponsibility of conducting all elections and he has approved the submission of this bond proposition at a special City election to be held on Tuesday, August 2nd 3rd 4th 5th 6th 7th 8th 9th 373 374 Adjourned Special Session, July 19, 1976 Adjourned Special Session, July 19, 1976 375 18th 18 Irving School - 2520 Pennsylvania Ave. 19th 19 Kennedy School - 2135 Woodland Drive 20th 20 HempsteadHighSchool- 3715 Pennsylvania Ave. 21st 21 Eisenhower School- 3170 Spring Valley Road 22nd 22 Wahlert High School - 2005 Kane Street 23rd 23 Wahlert High School - 2005 Kane Street 24th 24 No.5 Engine House - 689 So. Grandview 25th 25 SI. Elias The Prophet Greek Orthodox Church 1075 Rockdale Road The polling place for the Absentee Ballot and Special Voters Precinct will be at the Dubuque County Courthouse in the City of Dubuque, Iowa. Section 3. That as required and provided for by Sections 49.53 and 384.26 of the Code of Iowa, 1975, as amended, the County Commissioner of Elections is hereby authorized, em- powered and instructed to issue a pro- clamation and notice of election on said proposition and of the time and places thereof, by publication of such notice in the "Telegraph-Herald", a legal news- paper published in said City of Dubuque, Iowa, and having a general circulation therein. As provided by Sec- tions 49.53 and 384.26 of the Code of Iowa, 1975, as amended, such notice shall be published in said newspaper at least once not less than four (4) nor more than twenty (20) days prior to the day of the election and shall show all public measures, including the bond proposition, to be voted upon at said election, the date of the election, the hours the polls will be open and the precincts and polling places for the election. Said notice shall be in sub- stantially the following form: NOTICE OF SPECIAL ELECTION ON CIVIC CENTER BOND PROPOSITION DUBUQUE,IOWA PUBLIC NOTICE is hereby given that a special city election has been called and ordered to be held in the City of Dubuque, Iowa, on Tuesday, the 17th day of August, 1976, at which there will be submitted to the qualified voters of said City, to be by them voted upon, the proposition of issuing bonds of said City in an amount not exceeding $3,700,000 for the purpose of constructing and equipping a Civic Center and acquiring a site therefor in said City. At said election voting machines will be used for the submission of the afore- said proposition and ballots prepared 21st 21 therefor will have the proposition print- ed thereon in substantially tbe following form: (Form of Ballot) (Notice to Voters: For an affirma- tive vote on any question submit- ted upon this ballot, pull down the lever above the word "Yes". For a negative vote pull down the lever above the word "No".) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO 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? The polls for said election will be open from seven o'clock A.M. until eight o'clock P.M. of said day. For said election the City will be divided into twenty-five election precincts, the boundaries of which shall be as delimited by Ordinance No. 28-72 of said City, and said precincts and the respective polling places therefor will be as follows: Prec. Code Polling Places 1st 1 Marshall School - 1450 Rhomberg Ave. Dubuque County Court- house - 720 Central Ave. Sacred Heart School - 2211 Queen Street Christensen's Greenhouse - 2635 Windsor Ave. Holy Ghost School- 2901 Central Ave. Fulton School - 2540 Central Ave. Audubon School - 535 Lincoln Fire Station - West 18th & Central Ave. Amalgamated Meat Cut- ters Union Bldg. - 1111 Bluff 10th 10 Mercy Hospital Nurses Home - 252 Peabody lith 11 Bryant School - 1280 Rush 12th 12 YMCA Dodge & Bootb Streets 13th 13 Washington Jr. High School - 51 No. Grandview 14th 14 Fire Station No.4 - University & Atlantic 15th 15 Lincoln School - 1101 West 5th Street 16th 16 Jackson School - 715 West Locust 2nd 3rd 4th 5th 6th 7th 8th 8 9th lith 11 17th 17 Dubuque Senior High School- 1800 Clark Dr. 18th 18 Irving School - 2520 Pennsylvania Ave. 19th 19 Kennedy School - 2135 Woodland Drive 20th 20 HempsteadHighSchool- 3715 Pennsylvania Ave. 21st 21 EisenhowerSchool-3170 Spring Valley Road 22nd 22 Wahlert High School - 2005 Kane Street 23rd 23 Wahlert High School - 2005 Kane Street 24th 24 No.5 Engine House - 689 So. Grandview 25th 25 SI. Elias The Prophet Greek Orthodox Church 1075 Rockdale Road The polling place for the Absentee Ballot and Special Voters Precinct will be at the Dubuque County Courthouse in the City of Dubuque, Iowa. All qualified voters of said City are hereby notified to appear at said elec- tion, each to vote at tbe polling place for the election precinct in which such voter resides, or permitted by statute. This notice is given by order of the City Council of the City of Dubuque, Iowa, and the County Commissioner of Elections, pursuant to Chapters 47, 49, 376 and 384 ofthe Code of Iowa, 1975, as amended. DATED at Dubuque, Iowa, this ..... day of ......" 1976. 21st 21 County Commissioner of Elections Section 4. That voting machines shall be used for said election and the County Commissioner of Elections is authorized and directed... to cause ballots for vot- ing on said proposition to be prepared in such size as will permit the same to be inserted in the proper place in each voting machine in substantially the fol- lowing form: (Form of Ballot) (Notice to Voters: For an affirma- tive vote on any question submitted upon this ballot, pull down the lever above the word "Yes". For a nega- tive vote pull down the lever above the word "No".) SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO 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? The County Commissioner of Elec- tions is authorized and directed to have the ballots for absent voters prepared on yellow colored paper in substantially the following form, with his facsimile signature in tbe space provided therefor on the back of the ballot: (Face 01 Ballot) (Notice to Voters: For an affirma- tive vote on any question submitted upon this ballot make a cross (x) mark on check (v) in the square after the word "Yes". For a nega- tive vote make a similar mark in the square following the word "No".) SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? YES NO 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? (Back 01 Ballot) Official Absent Voters Ballot for Bond Proposition Special Election, Dubuque, Iowa August 17, 1976. (Facsimile Signature) County Commissioner of Elections Absentee Ballot and Special Voters Precinct County Courthouse, Dubuque, Iowa Section 5. That for said election the precinct election officials in the respec- tive election precincts shall be appoint- ed by the County Commissioner of Elections as required by Sections 49.12 and 49.13 of the Code of Iowa, 1975, as amended. Section 6. That upon the closing of the polls for said election the precinct election officials therefor shall file reports of the results of the vote on said proposition with the County Commis- sioner of Elections in order that such results may be referred to the County Board of Supervisors at its meeting to be held on the next Monday after said election at the County Courthouse, Dubuque, Iowa, at 9:00 o'clock AM. for the purpose of canvassing and declaring the results of said election, as required and provided for by Section 50.24 of the Code of Iowa, 1975, as amended. Section 7. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 8, That this resolution be in force and effect immediately upon its passage and approval. 376 Adjourned Special Sessjon, July 19, 1976 Passed and approved July 19, 1976. Alvin E. Lundb Mayor ATTEST: Leo F. Frommelt City Clerk Recorded July 19, 1976. Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzbefger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 278-76 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Ciga- rettes and Cigarette Papers within said City. Leonard "Jack" Crane, 2245 J.F.K. Rd. Eska Co" 2400 Kerper Blvd. John P. Mihalakis. 2095 Kerper Blvd. Merchants Hotel, 304 Main St. Milk House (Ed Tegeler). 2850 Burling- ton St. Helen Spielman, 2401 Windsor Ave. Robert Broughton, 205 Locust Street Passed. adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzbergrer Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis. Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Application of Transfer of Beer Per- mit by Dubuque Jaycees from 1023',1 Main Street to McAleece Field for July 29th to August 15th and September 11th & 12th, 1976, presented and read. Coun- cilman Tully moved that the transfer be approved. Seconded by Councilman Wertzberger. CaITied by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 279-76 WHEREAS, applications for Beer Permits have been submitted 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 follow- ing applications be granted and permits issued upon the compliance with the terms of the Ordinances of the City. CLASS "C" BEER PERMIT Earl Tegeler, d/b/a Milk House, 2850 Burlington St. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger EmilStackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- men Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 280-76 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, tbe premises to be oc- cupied by such applicants were inspect- ed and found to comply with the Ordi- nances of this City and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council oftbe City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Earl Tegeler, d/b/a Milk House, 2850 Burlington St. Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Adjourned Special Session, July 19, 1976 Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 281-76 WHEREAS, applications for Liquor Licenses have been submitted 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 approved and licenses issued upon the compliance with the provisions of Chapter 131, Acts of the First Regular Session, 64th General Assembly. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patricia Revelle, d/b/a Choral Club, 2776 Jackson Street Sally Josephine Roy, d/b/a Corner Tavern, 400 Central Avenue Roger R. Piekenbrock, d/b/a The Red- stone, 504 Bluff Street Parochetti Enterprises Inc., d/b/a Dave's Point After, 2600 Dodge Street CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, (Sun- day Sales), 701 Dodge Street Passed, adopted and approved this 19th day of July. 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. RESOLUTION NO. 282-76 WHEREAS, applications for Liquor Licenses were filed by the within named applicants and tbey have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants were inspect- ed and found to comply wltb 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 issued to the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Patricia Revelle, d/b/a Choral Club, 2776 Jackson Street Sally Josephine Roy, d/b/a Corner Tavern, 400 Central Avenue Roger R. Piekenbrock, d/b/a The Red- stone, 504 Bluff Street Parochetti Enterprises, d/b/a Dave's Point After, 2600 Dodge Street CLASS "B" (MOTEL-HOTEL) BEER AND LIQUOR LICENSE Anthony A. and Bette O. Helling, (Sunday Sales), 701 Dodge Street Passed, adopted and approved this 19th day of July, 1976. Alvin E. Lundh Mayor Thomas A. Tully Jr. Richard Wertzberger Emil Stackis Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Tully moved adoption of the resolution. Seconded by Council- man Wertzberger. Carried by the fol- lowing vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Councilman Stackis moved that the Mayor be authorized to communicate with the City Development Board transmitting annexation report and ex- pressing unanimous opinion of Council favoring November 2nd as election date on annexation. Seconded by Council- man Tully. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. At 8:55 P.M. Councilman Wertzberger moved to go into Executive Session to consider appointments to Boards & Commission. Seconded by Councilman Stackis. Carried by the following vote: Yeas - Mayor Lundh, Councilmen Stackis, Tully, Wertzberger. Nays-None. Absent - Councilman Brady. Councii Reconvened in Regular Ses- sion at 9:07 P.M. 377