Letter and Resolutions on the Downtown Urban Renewal Project_01.11.1977THE CITY OF
DUBUQUE
F LCET
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Honorable Mayor and
Members of the City Council
Dubuque, Iowa
GILBERT U. CHAVENELLE CITY MANAGER
CITY HALL . DUBUQUE, IOWA 52001
January 11, 1977
Gentlemen:
Sealed proposals were solicited from six local public accountants to
provide auditing services covering the Downtown Urban Renewal Project
through the period ending December 31, 1976.
Two proposals were received in response to this solicitation:
O'Connor, Brooks and Company $4,g64
00
Dee, Gosling and Company
The attached resolution will authorize the execution of a contract for
such services with the lowest bidder.
Respectfully submitted,
/� u. AE -
Gent M. Wittenberg'
Assistant City Manager
GMW/jr
Enclosure
RESOLUTION NO.
AUTHORIZING THE EXECUTION OF A CONTRACT FOR AUDIT SERVICES
FOR THE DOWNTOWN URBAN RENEWAL PROJECT, PROJECT NO. IOWA R-15.
d the
WHEREAS, the
aDubuque to procurea an audit bynd Urban vanoIndependentpment has uPublice
yoAccountant
of the accounts and records pertaining to the Downtown Urban Renewal
Project, Project No. Iowa R-15; and
ch
ces in
ance with
WHEREAS, gpropsals were solicitd to provide
accepted auditing standards uand sthe �auditing cand dreporting
requirements of the Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the
directed to enter into
Urban Renewal Project,
Company at a cost not
City Manager be and he is hereby authorized and
a Contract for Audit Services for the Downtown
Project No. Iowa R-15, with O'Connor, Brooks &
to exceed $4,400.00.
Passed, approved and adopted this day of
ayor
ncilmen
ATTEST:
City Clerk
1977.
RESOLUTION NO. 3 -76
AUTHORIZING THE CITY OF DUBUQUE TO RETAIN
AND REDEVELOP CERTAIN LANDS WITHIN THE
DOWNTOWN URBAN RENEWAL PROJECT, PROJECT NO. IOWA R-15
WHEREAS, in accordance with and in furtherance of the objectives of Chap-
ter 403 of the Code of Iowa, as amended to date, the City of Dubuque (hereinafter
called the "Agency") has undertaken an Urban Renewal Project known as the
Downtown Urban Renewal Project, Project No. Iowa R-15, (hereinafter called the
"Project") in an area (hereinafter called "Project Area") located in the City of
Dubuque; and
WHEREAS, as of the date of the adoption of this Resolution, there has been
prepared by the Agency, an Urban Renewal Plan for the Project, approved and adopted
by the City Council of the Agency on May 18, 1967, after a Public Hearing on said
Urban Renewal Plan (which Urban Renewal Plan as it may be hereafter amended from
time to time pursuant to law, and as so constituted from time to time, is, unless
otherwise indicated by the context, hereinafter called "Urban Renewal Plan"),
and a copy of the Urban Renewal Plan, as constituted on the date of this Resolution,
is on file in the Office of the City Clerk and has been recorded in the Office of the
Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235-259; and
WHEREAS, in order to achieve the objectives of the Urban Renewal Plan and
particularly to make land in the Project Area available (after acquisition and clearance
by the Agency) for redevelopment for and in accordance with the uses specified in the
Urban Renewal Plan, both the Federal government and the Agency have undertaken to
provide and have provided substantial aid and assistance to the Agency through a
Contract for Loan and Grant dated July 26, 1967; and
WHEREAS, under date of August 17, 1976, a bond proposition in the amount of
$3,700,000 was duly carried and adopted at a Special Election by the voters of the
Agency to construct and equip and to acquire a site for a Civic Center; and
WHEREAS, the site for the construction of the said Civic Center is situated in
the Project Area and is legally described as Lot 1 of Block 15 excepting therefrom the
southerly 63.6 feet of the easterly 114 feet in Dubuque Downtown Plaza and Lot 2
of Block 15 in Dubuque Downtown Plaza; and
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WHEREAS, under date of September 29, 1975, the City of Dubuque conveyed to.
the Dubuque Five Flags Center Fund land in the Project Area legally described as
Lot 1 of Block 15 in the Dubuque Downtown Plaza subject to the terms, provisions,
covenants, conditions and restrictions contained in a certain Agreement entitled
"Contract for Sale of Land for Private Redevelopment" dated September 17, 1975, which
is on file in the Office of the Recorder of Dubuque County, Iowa, as Instrument
No. 6991-75; and
WHEREAS, under the terms of the Agreement hereinbefore described, the Agency
also agreed to deliver the deed and possession of land in the Project Area legally
described as Lot 2 of Block 15 in Dubuque Downtown Plaza on February 15, 1977, or
on an earlier date as the parties may mutually agree, and the Dubuque Five Flags
Center Fund agreed to accept such conveyance and to pay to the Agency the appropriate
purchase price; and
WHEREAS, the Agency has accepted from the Dubuque Five Flags Center Fund the
reconveyance upon payment of the appropriate unit price, land in the Project Area
legally described as Lot 1 of Block 15 excepting therefrom the southerly 63.6 feet of
the easterly 114 feet in Dubuque Downtown Plaza for the site of the Civic Center; and
WHEREAS, the Agency has returned the good faith deposit and duly released the
Dubuque Five Flags Center Fund from any and all obligation to and in connection with
the purchase of Lot 2 of Block 15 in the Dubuque Downtown Plaza as set forth under the
terms of the Agreement hereinbefore described; and
WHEREAS, the intent of this resolution is to provide for the retention by the Agency
of Lot 2 of Block 15 in Dubuque Downtown Plaza and to provide for certain assurances
relating to the acceptance of the reconveyance by the Agency of Lot 1 of Block 15 in
Dubuque Downtown Plaza excepting therefrom the southerly 63.6 feet of the easterly
114 feet.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, Iowa:
Section 1. That subject to all the terms, covenants, and conditions of this
Resolution and the said Loan and Grant Contract, the Agency will retain land in the
Project Area legally described as Lot 2 of Block 15 in Dubuque Downtown Plaza in
the City of Dubuque, Iowa for use in the construction and equipping of a Civic Center
in accordance with the Urban Renewal Plan.
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Section 2. That the Director of Finance be and he is hereby authorized and
directed to draw his warrant or warrants against the Civic Center Bond Fund in the
amount of $92,085.62 which represents the fair market value of the land, and to
deposit the proceeds from said warrant or warrants in the appropriate Downtown Urban
Renewal Project, Iowa R-15 account.
Section 3. That the term "Property" as hereinafter used in the following sections
of this Resolution refers toandincludes without limitation Lot 1 of Block 15 in Dubuque
Downtown Plaza excepting therefrom the southerly 63.6 feet of the easterly 114 feet
and all of Lot 2 of Block 15 in Dubuque Downtown Plaza, both located in the City of
Dubuque, Iowa.
Section 4. That the Agency will redevelop the Property by constructing thereon a
Civic Center and other related site improvements (hereinafter called the "Improvements")
and all plans and specifications and all work by the Agency with respect to such re-
development of the Property and the construction and making of other improvements
thereon shall be in conformity with the Urban Renewal Plan and all applicable state and
local laws .
Section 5. That the Agency shall not commence to use the Property for the in-
tended purpose or commence any construction thereon until the Purchase Price has been
deposited to the credit of the Downtown Urban Renewal Project, Iowa R-15.
Section 6. That the Agency agrees for itself, its successors and assigns, and
every successor in interest to the Property, or any part thereof, that the Agency shall
begin the redevelopment of the Property through the construction of the Improvements
thereon, within eight months from the date of this Resolution's adoption and diligently
proceed to complete such construction within eighteen months from such date.
Section 7. That the Agency agrees for itself, its successors and assigns;
and every successor in interest to the Property, or any part thereof, that the Agency
and such successors and assigns, shall
(a) Devote the Property to and only to and in accordance
with, the uses specified in the Urban Renewal Plan,
as the same may be hereafter amended from time to time;
and
(b) Not discriminate upon the basis of race, color, religion,
sex, or national origin in the sale, lease or rental or in
the use or occupancy of the Property or any Improvements
erected or to be erected thereon, or any part thereof.
-4-
Section 8. That it is intended and resolved that the conditions and covenants
provided in Section 7 shall be covenants running with the land and that they shall, in
any event, and without regard to technical classification or designation, legal or
otherwise, and except only as otherwise specifically provided in this Resolution, be,
to the fullest possible extent permitted by law and equity, binding for the benefit and
in favor of, and enforceable by, the Agency, its successors and assigns, and the
United States (in the case of the covenant provided in subsection (b) of Section, 7),
against the Agency, its successors and assigns, and every successor in interest to
the Property or any part thereof or any interest therein, and any party in possession
or occupancy of the Oroperty or any part thereof. It is further intended and agreed that
the condition and covenant provided (a) in subsection (a:, of Section 7 shall remain in
effect for twenty (20) years (at which time such condition and covenant shall terminate),
and (b) in subsection (b) of Section 7 shall remain in effect without limitation as to
time.
Section 9. That in amplification, and not in restriction, of the provisions of
the preceding Sectioa, it is intended and agreed that the Agency shall be deenir�d a
beneficiary of the conditions and covenants provided in Section 7 herein, and the United
States shall be deemed a beneficiary of the covenant in subsection (b) of Section 7,
both for and in their or its own right and also for the purposes of protecting the interest
of the community and the other parties, public or private, in whose favor or for whose
benefit such conditions and covenants have been provided. Such conditions and
covenants shall run in favor of the Agency and the United States for the entire period
during which such conditions and covenants shall be in force, without regard to whether
the Agency or the United States is or has been an owner of any lard or interest th?rcin
to, or in favor of, w'iich such conditions and coven3 nts relate. The Agency steal: have
the right, in the event of any breach of any such condition or covenant, and the United
States shall have the right in the event of any breach of the covenant provided in
subsection (b) of Section 7 to exercise all the rights and remedies, and to maintain
any actions or suits at law or in equity or other pro ')or proceedings to enforce the curing
of such breach of condition or covenant, to which i, or any other beneficiaries of such
condition or covenant may be entitled.
Section 10. That no member, official or employee of the Agency shall_ have
any personal interest, direct or indirect, in any construction contract awarded
pursuant to this Resolution, nor shall any such member, official, or employee par-
ticipate in anv contract relating to this Resolution which affects his personal interests
or the interests of any corporation, partnership, or association in which he is,
directly or indirectly interested.
Section II. That the Agency, for itself, and its successors and assigns,
agrees that it will include the following provisions of this Section llin every contract
or purchase order which may hereafter be entered into between the Agency and any
party- (herein in this Section called "Contractor") for or in connection with the con-
struction of the Improvements, or any part thereof, provided for in this Resolution
unless such contract or purchase order is exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965 as amended by Executive Order 11375 dated October 13, 1967.
-s-
Equal Emolovment 0000r� tllnity=the performance of this contract, the Con-
tractor agrees with the. Agency as follow
(a) The Contractor will not discrimislate against any employee or applicant for e r
ployment because of race, religion, Sux, C3101, or national origin, anc artar
applicants are employed,
October 13, 1968, because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure lt, that without regard co their race,
and that employees are treated during e �P nd of*zr October 13 , 1968, without re -
religion, sex, color, or national origin, or national origin. Such action
r o[fon,
gard to. their race, color, religion, sex, inert, uagrading,
layoff or termination; rates
include, but not be limited to, the following: e, °y'
or transfer; recruitment or ra2nsanion- aent ndeselecttion for training, including
of pay or other forms of comp
apprenticeship. The Contractor agrees to Posnotices tolbeoprovided by thailable
to employees and applicants for employment,
Agency setting forth the provisions of this nondiscrimination clause.
's laced
state that all qualified applicants will receive
(b) The Contractor will, in all solicitations or advertisements for employees
by or on behalf of the Contractor, color or
vaithout regard to race,
regard o race, Color, religicn,
consideration for employment
national. origin, and after October 13, .968, wi_
sex or nation'_ origin.
(c) The Contractor c✓ill send to each labor union (jr representative of wo;-'=ers v:it..
the labor union or worker's
understanding, it notice, to be Provided, advising
which the Contractor has a collective bargaining agreement or other cor, _�� o
f Executive
nder Section 202 o
representative coas amended'
of the Contractor's order Executive
der 11375 dated
Order 11246 of September 24, 1965, conspicuous place's
October 13, 1967, and shall post copie�oInotice'in consp'
available to employees and applicants
v with all provisions of Executive Order 1124.6eOf13,
(d) The Contractor will compl, r Execut_ve Order 11375 dated Oc`
�, to nlbci 44, 19�)5, as amends^.,- G`�
Scp ulations and relevant orders of the Secretary Of
1967, and of the rules, re4
Labor.
(e) I9for as amended by Executive order 11375
The Contractor will furnish all information and reports required by Executive
Order 11246 of Septembers by the rules, regulations and orders of the Secretary
dated October 13, 1967, and Urban Development pursuant thereto,
Of Labor or of the Secretary of Housing oa'i books, records, and accounts by the
and will permit access to the C with such rules,
Agency, the Secretary of He and Urban Development, and the Secretary of
Labor for purposes of investigation to ascertain compliance
regulations and orders.
-6-
urination this
Ondiscror orders,
than and
NSf hr29 ulatiOns , Or in par�Ots Or i
noncomnliarlule vuhc contr 0.1 l
(fl In the aVent of the Contract -with any °f Sac h5\-, th r GOvzrnh PrOOsdur EXs101111 t
clausalea
�ntract or ternrinatad, 1 for fur rdancs °yrt ended by 2 imp s i
ay
corl
thetContraa to Gna eL nb21d duc ion °OnU r-ts 2AcO10 othz sang �6 of S phb or �Y uavr •
fed tr
i22?rally assisted C°2r 1134b 0196p ana sr Cc Ozd2z 1'ber 13, 11ovided by
Or lh Exacuti`'sd p°tobsr l3 I d in EXOO1 5 dated pc therWise P f this
r 11375 date provide Order 1137 or as Other
(9) o regu"
1 65 .was am2 04
dad by £ the S2Cr Ora of b°r'aragraphs 2xemPt d b2 tier) z p Af r
order°f ° ris °Or unlss If zit to E ut)`
re18
ation, or vfsi° Or der sua XSC up°n ct
fig) cluds the pro ur , ale r issu4a P ended by binding it spa
The t Will in ntract or P of LabO s � as am Will bs ctll vr- ncy °r
Se eontrac2Jery subc° e S2cretarYer 2A 1g6 zovisiOns such a the A92 s of en-
1 coon in of the ten b cb r take r as mean ovl2ije
ations , or ord�I 112A6 °f 1g67 s° th Contract Urchase oddir ct as provla- , /
�kactitiv2 Ords 2r 13, The t, or P may ancz: ° r
1137 dated CO`ob or vendor ubCOntra°velopmsnt ncOmPir thr2at2l1sn )D tie
5 tractor act. 5 nD2 r n° is Ctio• actor
t carLyu °n �t of uOu IL lads cas°meslinsoo oa 1t Of 5 rn2na r otz o
tha D2Partn� ProvisrOn�ontractOr sv2ndor as a an DsyslOPOr to P'r
what in hs 2`2r-� subs antractor� o ir,92 nntorsu°t' lit i9a o rare g thOn 0i
litic atio with �r 2nt Staten t en e fin r enti
Ag Jn°� Oy .,t the UnrLedfor the purP°O'Jal of tIQWa , up°O� with
may req pzstne states,n is adopted sue his sPf VI-1 2nents r entity nl Glso
United
tee-Sts Resoiutioo Snsnt to
is
City ° the °o Same, titled OOPy
t thisev el P Za in ating the certr ntY
'e°tion 12. r 9 and LrbuWntoNrn Purpose °f a�comPl1Co the Oause of the G°u
i�Cxetary 1oC ols in OPblq�2and$ rand i Z a ana dire na t'2 Cfflce
��eztt of t`ne setjo th in2 es her byo 9 the land recOr
get
�h2 1anAge Cy be a be he
urity , I° Na
Oh15e< e Oln and for Dubuque C
\ �OC
-7-
Passed, approved and adopted this
day of
1976.
Mayor
Councilmen
ATTEST:
City Clerk
Resolution No. ?i -76
AUTHORIZING THE RELEASE OF DUBUQUE FIVE FLAGS CENTER FUND
FROM THE PURCHASE OF CERTAIN LAND IN THE DOWNTOWN URBAN
RENEWAL PROJECT, IOWA R-15.
WHEREAS, under date of September 17, 1975, the City of Dubuque and the
Dubuque Five Flags Center Fund entered into a certain Agreement entitled "Contract
for the Sale of Land for Private Redevelopment" in connection with the Downtown
Urban Renewal Project, Iowa R-15; and
WHEREAS, under the terms of the Agreement, among other things, the City of
Dubuque agreed to deliever the deed and possession of land in the said Urban Re-
newal Project area, legally described as Lot 2 of Block 15 in Dubuque Downtown
Plaza in the City of Dubuque, Iowa, to the Dubuque Five Flags Center Fund on
February 15, 1977, or on an earlier date as the parties may mutually agree, and the
Dubuque Five Flags Center agreed to accept such conveyance and to pay to the City
of Dubuque the appropriate purchase price; and
WHEREAS, under date of August 17, 1976, a bond proposition in the amount
of $3,700,000 was duly carried and adopted at a Special Election by the voters of the
Agency to construct and equip and to acquire a site for a Civic Center; and
WHEREAS, the site for the construction of the said Civic Center includes Lot 2
of Block 15 in Dubuque Downtown Plaza; and
WHEREAS, the Dubuque Five Flags Center Fund, organized for the purpose of
developing a Five Flags Center, has consented and agreed to the voluntary relinquish-
ment of their right and interest in the Agreement as such Agreement pertained to Lot 2
of Block 15 in Dubuque Downtown Plaza; and
WHEREAS, the intent of this Resoltuion is to provide for the retention by the City
of Dubuque of Lot 2 of Block 15 in Dubuque Downtown Plaza for the Civic Center and
to return the good faith deposit to and to release the Dubuque Five Flags Center Fund
from their obligation to purchase the said land in accordance with the terms of the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
-2-
Section 1. That it is hereby found and determined necessary for the purpose
of of Dubuque, Iowa.
ivic
proiding a site for the
construction
2 of Block 15 in DubuqueDown owgnuPlazaginftheCCity Center thereon o
Section 2. That the terms, provisions, covenants, conditions and restrictions
the Sale of Land for Private
City of Dubuque
contained in a certain Agreement entitled "Contract for
Redevelopment executed on September 29, 1975, by and between the
and the Dubuque Five Flags Center Fund, and which Agreement is recorded in the
Office of the Recorder of Dubuque County, Iowa, as Instr as ntpertNLot s of Block 91-75, e in
hereby declared null and void and of tIowa
Dubuque Downtown Plaza in the City of Dubuque,
Section 3. That the Director of Finance be and he is hereby authorized and
warrant or warrants against the Project Expenditures Account;
directed to draw his 6 in favor of Dubuque Five Flags
Project No. Iowa R-15, in the amount of $9,
208.5
d in
un
ceived from the DubuqueaFive Flags CentersFundf to assure lltheir purchase of deposit of a good faith re -
Center
Lot 2 of
Block 15 at the appropriate time and at the agreed upon price.
rovisions
Section 4. That in order
authoredlish the various and directed to Pause a certifies c pyfofe set
forth, the City Clerk re hereby
this Resolution to be recorded among the land records in the Office of the CountyRe-
corder in and for Dubuque County, Iowa.
Passed, approved and adopted this
day of '
1976.
Mayor
Councilmen
ATTEST:
City Clerk