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repealed to the extent of such conflict.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