1981 July Council ProceedingsRegular Session, July 6,1981 259
CITY COUNCIL
OFFICIAL
Regular Session, July 6, 1981.
Council met at 7:30 P.M. (C.D.T.).
Present--Mayor King, Council
Members Brady, Farrell, Felderman,
Pratt, City Manager W. Kenneth
Gearhart, Corporation Counsel R. N.
Russo.
Mayor King read the call and stated
that service thereof had been duly
made and this meeting is the REGU-
LAR MONTHLY MEETING of the
City Council called for the purpose to
act upon such business which may
come before the Council.
Invocation was given by Rev. Laura
Odegard, Pastor, Wesley United
Methodist Church.
Proof of publication, certified to by
the publisher, of Notice of Public Hear~
ing on Intention to issue not to exceed
$1,700,000 Industrial Development
Revenue Bonds Ilnland Molasses
Company Project), presented and
read.
There were no written objections
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be re-
celved and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO, 172-81
A Resolution Relating to the Holding
of a Public Hearing Regarding the In-
crease from not to exceed $1,000,000 to
not to exceed $1,700,000 in Aggregate
principal Amount of Industrial Devel-
opment Revenue Bonds (Inland
Molasses Company Project) of the
City of Dubuque, Iowa; Approving
Proceeding with the Issuance and Sale
of Said Bonds; and Authorizing Execu-
tion of an Amendment to Memoran-
dum of Agreement.
WHEREAS, the City of Dubuque, a
municipal corporation duly organized
and existing under and by virtue of the
Constitution and laws of the State of
Iowa (the "City"), is authorized by
Chapter 419 of the Iowa Code, as
amended (the "Act"), to issue revenue
bonds for the purpose of defraying all
or a portion of the cost of acquiring,
constructing, improving and equip-
ping land, buildings and improve-
ments suitable for use as a drying
plant for drying, processing, storing
and distributing agricultural, manu-
factured, processed and related pro-
ducts (the "Project"), and to loan the
proceeds from the sale of such revenue
bonds, pursuant to a loan agreement,
to Inland Molasses Company, an Iowa
corporation (hereinafter referred to as
the "Company"), to be used for the
aforesaid purposes; and
WHEREAS, the City has deter-
mined there is a public need in the City
and its surrounding environs for in-
dustrial facilities as proposed by the
Company; and
WHEREAS, the City Council, pur-
suant to its Resolution No. 294-80 duly
adopted and approved on October 6,
1980, entered into a Memorandum of
Agreement with the Company provid-
ing for the processing and issuance of
not to exceed $1,000,000 hi aggregate
principal amount of the City's Indus-
trial Developmout Revenue Bonds to
finance all or a portlon of the cost of
said Project; and
WHEREAS, a public hearing was
held on November 17, 1980 and pursu-
ant to Reeolution No. 332-80, the City
Council approved proceeding with the
issuance and sale of said Bonds in an
amount not to exceed $1,000,000; and
WHEREAS, at the request of the
Company a notice of hearing on the
proposal to increase the authorized ag-
gregate principal amount of the Indus-
trial Development Revenue Bonds (In-
land Molasses Company Project) (the
"Bonds"), of the City of Dubuque,
Iowa, from not to exceed $1,000,000,
as previously authorized by this Coun-
cil, to not to exceed $1,700,000, has
been published as required by law; and
WHEREAS, a public hearing has
been held at the time and place as spe-
cified in said notice of hearing and any
and all objections or other comments
relating to such Bonds have been
heard and it is deemed to be in the best
interests of the City of Dubuque,
Iowa, that said Bonds be issued as pro-
posed; and
NOW, THEREFORE, Be It Re-
solved by the City Council of the City
of Dubuque, Iowa, as follows:
Section 1. That it is hereby deter.
mined that it is necessary and ad-
visable that the City proceed with the
~ssuance o fits Industrial Development
Revenue Bonds (Inland Molasses
Company Project), in an amount not to
exceed $1,700,090, as authorized and
permitted by the Ac~ and to loan the
26O
Regular Session, July 6,1981
proceeds of the sale of the Bonds to the
Company, all upon terms and condi-
tions mutually satisfactory to the City
and the Company.
Section 2. That at the public hearing
conducted by this Counci~ pursuant to
published notice, all persons who ap-
peared were given an opportunity to
express their views for or against the
issuance of said Bonds as proposed
and it is hereby determined that any
and all objections to the issuance of the
said Bonds, are hereby overruled.
Section 3. That this Council shall
proceed with the necessary proceed-
ings relating to the issuance of said
Bonds upon reasonable advance notice
from the Company that satisfactory fi-
nancing terms have been agreed upon
with the proposed purchasers and the
required documentation has been pre.
pared by Bond Counse& and approved
by all other parties, including the City
Attorney of said City.
Section 4. That the City hereby
authorizes the execution of the
Amendment to Memorandum of
Agreement attached hereto as Exhibit
"A".
Section 5. All Resolutions and
Orders or parts thereof, in conflict
herewith are, to the extent of such con.
~cg hereby repealed and this Resola-
tion shall be in full force and effect im-
mediately upon its adoption.
Adopted and approved this 6th day
of July, 1981.
City of Dubuque, Iowa
D. Michael King,
Mayor
(Seal}
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--Council Member Brady.
Proof of publication, certified to by
the Publisher, of Notice of Public
Heating to vacate and dispose of inter-
est ~n rea] estate described as L 2-A
Linehan Park Addn. in the City", pre-
sented and read.
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Felderman moved
that the proOf of publication be re-
ceived and filed. Seconded by Council
Member Pratt. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 38-81
AN ORDINANCE VACATING GAR-
NET AVENUE FROM CENTRAL
AVENUE TO JACKSON STREET,
said Ordinance having been presented
and read at the Council Meeting of
6-15-8~, presented for final adoption.
ORDINANCE NO. 38-81
AN ORDINANCE VACATING GAR-
NET AVENUE FROM CENTRAL
AVENUE TO JACKSON STREET
WHEREAS, Mississippi Valley Milk
Producers Association, Incorporated,
has requested the vacation of Garnet
Avenue from Central Avenue to Jack-
son Street, in the City of Dubuque,
Iowa; and
WHEREAS, Shive-Hattery and
Associates has prepared and submitted
to the City Council a plat showing the
vacated street and assigned a lot num-
bet thereto, and which shall hereafter
be known and described as Lot 2-A in
Linehan park Addition in the City of
Dubuque, Iowa; and
WHEREAS, the City of Dubuque,
Iowa, has determined that this street is
no longer required for public use anti
tbe vacation of said street known as
Lot 2-A in Linehan Park Addition in
the City of Dubuque, Iowa, should be
approved.
NOW, THEREFORE, BE IT
ORDAINED, by the City Council of
the City of Dubuque, Iowa:
Section 1~ That said real estate
described as Lot 2-A in Linehan Park
Addition, in Dubuque, Iowa, be and
the same is hereby vacated.
Section 2. That the City Clerk be
and is hereby authorized and directed
to cause Notice of Intent to dispose
of said real estate in a manner as pre-
scribed by law.
Section 3. That the conveyance of
said lot to Mississippi Valley Milk
Producers Association, Incorporated,
be and the same is hereby approved
upon payment of $6,905.00, and upon
payment of publication and filing
PASSED, APPROVED AND
ADOPTED this 6th day of July, 1981.
ATTEST: D. Michael King
Mary A. Davis MAYOR
CITY CLERK
Published officially in the Tele-
graph-Herald newspaper this 10th day
of July, 198L
Mea'y A. Davis
City Clerk
it 7/10
Regular Session, July 6, 1981
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Pratt
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 178-81
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 Dubuque,
Iowa on June 22, 1981, the City Coun-
cfi of the City of Dubuque, Iowa met
on the 6th day of July, 1981 at 7:30
o'clock P.M. (CDT) in the City Council
Chambers, City Hail, Dubuque Coun-
ty, Iowa to consider tho proposal of
the vacation and sale of real estate
described as:
"Lot 2-A in Linehan Park Addition
ia the City of Dubuque, Iowa" also
known as portion of Garnet Avenue
from Central Avenue to Jackson
Street
to MISSISSIPPI VALLEY MILK
PRODUCERS ASSOCIATION, In-
corporated; and
WHEREAS, the City Council of tho
City of Dubuque, Iowa overruled any
and ail objections, oral or written, to
the proposal to dispose of interest of
the City of Dubuque, Iowa in the here.
inabove real estate to the above-
named Grantee;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of and
interest and sale thereof in the herein,
a&ove described real estate to MISSIS-
SIPPI VALLEY MILK PRODU-
CERS ASSOCIATION, INCORPOR-
ATED be and the same is hereby ap-
proved for the consideration of Six
Thousand Nine Hundred Five and
no~lO0 ($6, B05.00) Dollars, plus pay-
ment of costs of publication and re-
cording fees; that the conveyance shall
be by Quit Claim Deed and the said
conveyance shall be subject to and the
City reserves unto itself a perpetual
easement in and over, and across said
real estate for public utilities, together
witlg and including, the right of
ingress and egress thereto for the pu~
poses of repairing and maintaining ex-
isting sewer and public utilities and
that no abstract of title will be fu~
nished.
Section 2. That the City Clerk be and
she is hereby directed and authorized
to deliver deed of conveyance convey-
lng the above described real estate to
the above named Grantee upon receipt
261
of the purchase price in full
Section 3. That the City Clerk be and
she is hereby authorized and directed
to record a certified copy of this Reso-
lution in the offices of the City Asses-
sor, County Recorder and Dubuque
County Treasurer.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Proof of publication, of Notice of
Hearing on Resolution of Necessity for
construction of Crescent Ridge Sani-
tary Sewer, presented and read.
Council Member Farreil moved that
the proof of publication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow.
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Certificate of City Clerk, certifying
notices of Hearing were mailed to
known property owners on June 18,
1981, presented and read.
Council Member Farreil moved that
the certificate be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Petition of Al Polsean et al (9 sign.
ers~ objecting to cost of installation of
8" sewer pipe on Crescent Ridge and
requesting to speak to the issue, pre-
sented and read.
Council Member Farreli moved that
the petition be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Al Polsean, 3515 Crescent Ridge,
spoke to the petition stressing disap-
pointment with the assessments and
the City, requesting answers to these
specific questions: 1~ The recent Cou-
tral Ave. sewer project cost how much
per foot and who paid for it?; 2} Was
262
the sewer line through the Zalaznik
property paid for by Federal grants?;
3) Why was he not invited to the meet.
lng with the Sterlite Dr. group? and 4)
Crescent Ridge sewer cost original
estimate given to him was between
$32 to $36 per foot, so where is the ad-
ditional cost coming from?
Donald Fondell, 3555 Crescent
Ridge, stated his original estimate
from the Engineering staff was be-
tween $32 to $36 per foot, now it is
over $50, which is still only an eeti-
mate and stated he wished to stop the
entire project if there was any possible
Betty Means, 3545 Crescent Ridge,
stated that as a widow on a salary, she
would not be able to pay the assess-
ment.
Drew Anthony, 3561 Crescent
Ridge, questioned the near 50% figure
over the original estimate and stated
his septic system is not that old and
has no problems with it.
Wayne Petesch, 3483 Crescent
Ridge, stated he had never signed the
easement to go through his property,
also stating that the stated assess-
ment did not include hook up costs. He
couldn't understand why they didn't
go through the middle of the
rather than the backyerds, so that
both sides could be assessed, etc.
John Gerdemann, 3567 Crescent
Ridge, stated he concurred with the
prevlous speakers.
Robert Kruser, 3391 Crescent Ridge,
agrees with his neighbors, and cannot
understand why the last estimate was
more than $1000 higher than prew-
ously given.
Frank Murray and Mike Koch of the
City Engineering Staff, spoke to the
objections, stating that this project
will first go to actual bld on July 23rd,
but estimates, per foot are given at $44
(and can go no higher), rather than the
original $32 to $36 stated, because of
an additional 10% contingency and ad-
ditionel costs of construction. The or-
iginal estimate was given in January,
and that Was just the best guess at
that time, with no guarantees. The
street location for the project would be
preferable, but the cost would be much
greater. The Central Ave. project cos. t
$115 per foot, but this was a repmr
project rather than a new instafiatlon,
and costs were pald for by General
Funds. The Starlite Dr. meeting was
requested by those residents. The
structed along Catfish Creek by feder-
el grant.
Regular Session, July 6, 1981
Mr. Polsean questioned why are cer-
tain places within the City still not
to sanitary sewer, such as
Sunset Ridge, half of Julien Dubuque
Dr., etc.?
Betty Means stated ff federal grants
were available for part of the cost, she
possibly could pay a reasonable
David Foudefi questioned the refer-
ence to a 15 ft. depth rather than the 8
ft. depth, and is going to fight to get
the easement back.
Wayne Peteech stated he wished the
City to leave that street alone, stating
they will take care of themselves.
Mike Koch responded stating that it
would be tremendously expensive to
connect some older areas of the City
with the sanitary sewer, because of the
bedrock and sometimes there is no as-
sessable property in between. At this
time federal grants are nearly nili for
sewer construction. A delay in this
project will just bring additional costs.
Audrey Bergfeld, 3505 Crescent
Ridge, questioned whether an 8" sewer
pipe was large enough?
Mike Koch reSpOnded that this size
was standard for residential areas.
Councit stated that the depth of the
sewer would be 15 it. if done in the
street, whereas 8 ft. deep if done in the
beckyerd.
Council Member Brady stated that
with the 25% over average estimate,
that the City should absorb 10% while
the owners 15%. City Manager Gear-
hart steted the City regretted giving
the wrong figures.
(Necessity for Improvement)
RESOLUTION NO. 138-81
WHEREAS, proposed plans 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
tho City Clerk showing among other
things the plans, specifications, form
of contract, estimated cost and pre-
liminary plat and schedule showing
the amount proposed to be assessed
against each lot and the valuation of
each lot as fixed by the City Council,
for the Crescent Ridge Sanitary
Sewer.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless property
owners at the time of the final coneld-
eration of this proposed resolution
have on file with the City Clerk objec-
tions to the resolution of necessity,
they shall be deemed to have waived
Regular Session, July 6,1981
263
aH objections pertaining to the regu-
larity of the proceeding and the legal-
ity of using the special assessment
procedure.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be as-
sessed partially or totally against pri-
vately owned property lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne by the City will be paid from
the General Fund, and special assess-
ment bonds may be issued in anticipa-
tion of deferred payments of assess-
ments when a contract has been per-
formed and accepted, and the proceeds
thereof used to pay the contractor.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 1st day of
June, 1981.
Approved and placed on file for final
action.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by
the City Council this 6th day of July,
1981.
D. Michael King
Mayor
CERTIFICATE OF CLERK
It is hereby certified that at the time
set for the final consideration of the
above resolution no remonstrance had
been filed with the Clerk signed by
owners subject to seventy-five percent
or more of the amount of the proposed
assessments.
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--Council Member Brady.
Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements.
RESOLUTION NO. 174-81
WHEREAS, proposed plans and
specifications and form of contract for
the Crescent Ridge Sanitary Sewer
have been approved by the City Coun-
cil of the City of Dubuque and public
notice given as provided by the Code
of Iowa pertaining to public contracts
and bonds, and the time and place
fixed for the hearing of all objections
to said plans, specifications or con-
tract for or cost of such improvements,
said time being this 6th day of July,
1981; and
WHEREAS, the City Council met in
regular session this 6th day of July,
1981, at 7:30 p.m. at the City Council
Chambers in the City Hail for the pur-
pose of hearing all interested parties
and considering any and ail objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made; and
WHEREAS, ail interested parties
have been given an opportunity to be
heard and ali objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that ail objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same are hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon ail ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
PASSED, APPROVED AND
ADOPTED THIS 6th day of July,
1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--Council Member Brady.
(Ordering Construction)
RESOLUTION NO. 175-81
BE IT RESOLVED BY THE CITY
~ Regular Session, July6,1981 265
264
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a resolution of
necessity No. 138-81 which was duly
passed by this Council for the Cres-
cent Ridge Sanitary Sewer be and the
same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the peti-
tion 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 making
said improvement will be assessed par-
tialiy or totally against privately
owned property lying within the as-
sessment limits, and in an amount not
to exceed that provided by law, and in
proportion to the special benefits con-
letted. The portion of the cost which
shall be borne by the City will be paid
from the General Fund, and special as-
Sessment bonds may be issued in anti-
cipation of deferred payments of as-
sessments when a contract has been
performed and accepted and the pro-
ceeds thereof used to pay the contrac-
tor.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby di-
rected to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four nor
more than twenty days prior to the re-
ceipt of said proposals at 10:00 a.m. on
the 28rd day of July, 1981. Bids shall
be opened and ready by the City Clerk
at said time and will be submitted to
the Council for final action at a meet-
ing to be held at the City Council
Chambers in City Hail at 7:80 p.m. on
the 3rd day of August, 1981.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shah be in force and effect from and
after its passage and adoption by the
City Council.
Passed, approved and adopted this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
;esston, July 6,1981
Yeas--Mayor King, Council Mem-
bers Farreil, Felderman, Pratt.
Nays--Council Member Brady.
Communication of City Manager
submitting Resolution authorizing
Corporation Counsel to proceed with
Eminent Domain Proceedings to se-
cure Right of Way Acquisition for the
North-West Arterial, Phase I on High-
way 20 (Dodge St. to Pennsylvania
Ave.), presented and read.
Council Member Pratt moved that
the communication be received and
Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 176-81
Acquisition of Properties for North-
West Arterial, Phase I, U.S. 20 to
Pennsylvania Avenue.
WHEREAS, the City of Dubuque,
Iowa, has been negotiating with the
owners of record of those properties in
which the first phase of the North-
West Arterial writ be constructed; and
WHEREAS, the City of Dubuque
has not been able to negotiate a sale
and/or purchase price on ail of the par-
cels necessary for this phase of the
project; and
WHEREAS, the City of Dubuque
finds and determines that Eminent
Proceedings should be insti-
those properties not
h normal negotiation
NOW, THEREFORE, BE IT
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That Eminent Domain
proceedings be instituted forthwith by
the City of Dubuque, lowa, for the ac-
quisition of properties listed in the
City Manager's memorandum to the
City Council (copy attached} dated
June 29, 1981, for the construction of
the North-West Arterial Phase I, from
U.S. 20 W pennsylvania Avenue, and
that the Corporation Counse~ be and is
hereby ordered and directed to insti-
tute said Eminent Domain Proceed-
ings forthwith for and on behalf of the
City of Dubuque,
Section 2. That the Corporation
Council be and is hereby directed and
empowered to do any and all things
necessary and incidental to said Emi-
nent Domain proceedings.
Passed, approved and adopted this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting procedures regarding the
project for the North-West Arterial,
Stage I, Grading and Drainage (Dodge
St. to Penn. Ave.), presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 177-81
BE IT RESOLVED BY the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, etc., in-
cluding all items of work and material
required for the North-West Arterial,
Stage I -- Grading and Drainage, with
the estimated cost of this improve-
ment at $2,500,000.00, be hereby ap-
proved and ordered filed in the Office
of the City Clerk for public inspection.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the renewing vote:
Yeas--Mayor King, Council Mem-
bors Brady, Farrell, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 178-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the North-West Arterial, Stage I --
Grading and Drainage.
BE IT THEREFORE RESOLVED
that the City Council deems it adc/a-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final consldera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shall be deemed to
have waived ali objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making such improvement will be paid
from General Obligation Bonds.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 6th day of
July, 1981.
Approved and placed on file for final
action.
APPROVED:
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved ap-
proval of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
(Fixing Date of Resolution)
RESOLUTION NO. 179-81
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion for the North-West Arterial,
Stage I -- Grading and Drainage, and
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection,
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of July,
1981, a public hearing will be held at
7:30 p.m. in the Council Chambers of
the City of Dubuque at City Hall at
which time interested persons may ap-
pear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said im-
provement, and the City Clerk be and
is hereby directed to cause a notice of
time and place of such hearing to be
266
published in a newspaper having gen-
eral circulation in the City of Dubu-
que, Iowa, which notice shall not be
less than four days nor more than
twenty days prior to the day fixed for
its consideration, and unless inter-
ested persons at the time of the final
consideration of the proposed Resolu-
tion of Necessity have filed objections
with the City Clerk, they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting documents regarding the
bidding procedures for North-West
Arterial, Stage I, Pretensinned-Pre-
stressed Concrete Beam Bridge, pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 180-81
BE IT RESOLVED by the City
Council of tbe City of Dubuque, Iowa,
that the proposed plans, specs, etc., in-
chiding all items of work and material
required for the North-West Arterial
Stage I -- Protensioned-Prestressed
Concrete Beam Bridge -- with the esti-
mated cost of this improvement at
$2 500,000.00, be hereby approved and
ordered filed in the off ce of the City
Clerk for public inspection.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Regular Ses_..__~sion, July 6,1981
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 181-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
flce of the City Clerk showing among
other things the plans, specifications
~nd form of contract for the improve-
ment, and an estimate of the cost for
the North-West Arterial, Stage I --
295'-4" x 43'-2" Pretensinned,
Prestressed Concrete Beam Bridge.
BE IT THEREFORE EESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shall be deemed to
have waived ail objections theret0~
Said improvement shall be con~
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from General Obligation Bonds.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 6th day of
July, 1981.
Approved and placed on file for final
action.
APPROVED:
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
approval of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
beLs Brady, Farrell, Felderman, Pratt.
Nays--None.
(Fixing Date of Hearing)
RESOLUTION NO. 182-81
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
lice of the City Clerk for public inspec-
tion for the North-West Arterial,
Regular Session, July 6, 1981
267
Stage I - 295'-4' x 43'2" Preten-
sloned-Prestressed Concrete Beam
Bridge, and
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of July.
1981, a public hearing will be held at
7:30 p.m. in the Council Chambers of
the City of Dubuque at City Hall at
which time interested persons may ap-
pear and be heard for or against the
proposed plans and specifications
form of contract and cost of said im-
provement, and the City Clerk be and
is hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having gen-
eral circulation in the City of Dubuque,
Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration, and unless interested per-
sons at the time of the final considera-
tion of the proposed Resolution of
Necessity have filed objections with
the City Clerk, they shall be deemed to
have waived all objections thereto.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Felderman moved
adoptlon of the Resolution, setting
Hearing for 7-20-81. Seconded by
Council Member Pratt. Carried by the
renewing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Feldernmn, Pratt.
Nays--None.
Communication of City Manager
submitting bidding process for the
construction of the Radford Industrial
Park Water Storage Facility on Penn.
Ave. just east of Radford Road, pre-
sented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Farroll. Carried by tho following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
(Preliminary Approval of Plans, Etc.)
RESOLUTION NO. 183-81
BE IT RESOLVED by the City
Council of the City of Dubuque. Iowa,
that the proposed plans, specs., etc. in-
eluding all items of work and material
required for the Radford Industrial
Park Water Storage Facility, with the
estimated cost to be $705,800.00, be
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mom-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 184-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Radford Industrlal Park Water
Storage Facility.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shah be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from Water Divlsinn Improvement
Funds.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 6th day of
July, 1981.
Approved and placed on file for final
action. APPROVED:
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
268
Council Member Pratt moved ap-
proval of the Resolution. Seconded by
Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Felderman, Pratt.
Nays--None.
(Fixing Date of Hearing and Author-
izing Advertisement for Proposals)
RESOLUTION NO. 185-81
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion for the Radford Industrial Park
Water Storage Facility, and
WHEREAS, the proposed Resolu-
tion of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of July,
1981, a public hearing will be held at
7:30 p.m. in the Council Chambers of
the City of Dubuque at City Hall at
which time interested persons may ap-
pear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said im-
provement, and the City Clerk be and
is hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having gen-
eral circulation in the City of Dubuque,
Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration, and unless interested per-
sons at the time of the final considera-
tion of the proposed Resolution of
Necessity have filed objections with
the City Clerk, they shall be deemed to
have waived all objections thereto.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt o£ said proposals at 10:00 a.m.
the 10th day of August, 1981, Bids
shall be opened and read by the City
Clerk at said time and will be sub-
mitted to the Council for final action at
a meeting to be held at the City Coun-
cil Chambers in the City Hall at 7:30
p.m. on the 17th day of August, 1981.
Passed, adopted and approved this
6th day of July, 1981,
Regular Session, July 6,1981
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution, setting Hearing
for 7-20-8L Seconded by Council Mem-
ber Farrell. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting procedures regarding con-
struction of Dubuque Industrial Cen-
ter and Associate Sewer/Water Ser-
vice Facilities, presented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
, the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
IPreliminary Approval of Plans, Etc.)
RESOLUTION NO. 186-81
BE IT RESOLVED by the City
Council of the City of Dubuque, Iowa,
that the proposed plans, specs, etc. in-
cluding all items of work and material
for the Dubuque Industrial Center and
Associate Sewer/Water Service Facili-
ties, with the estimated cost to be
$1,962.561.84, be hereby approved and
flied in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
(Necessity 1or Improvement)
RESOLUTION NO. 187-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Dubuque Industrial Center and
Associated Sewer/Water Service Facli-
ities.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public
welfare to make the herein mentioned
improvement, and unless interested
persons at the time of the final consid-
eration of this proposed resolution
Regular Session, July 6, 1981
269
have flied objections with the City
Clerk to the proposed plans, specifica-
tions, contract or estimated cost of the
improvement, they shall be deemed to
have waived ail objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 6th day of
Jniy, 1961.
Approved and placed on file for final
action.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved ap-
proval of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Fixing Date oI Hearing and Author-
izing Advertisement for Proposals)
RESOLUTION NO. 188-81
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the of-
fice of the City Clerk for public inspec-
tion for the Dubuque Industrial Cen-
ter and Associated Sewer/Water Ser-
vice Facilities, and
WHEREAS, the proposed Resoin-
tlon of Necessity for said improvement
has been introduced and is now on file
in the City Clerk's office for public in-
spection.
NOW, THEREFORE, BE IT RE-
SOLVED that on the 20th day of July,
1981, a public hearing will be held at
7:30 p.m. in the Council Chambers of
the City of Dubuque at City Hall at
which time interested persons may ap-
pear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said ira-
provement, and the City Clerk be and
is hereby directed to cause a notice of
time and place of such hearing to be
published in a newspaper having gen-
eral circulation in the City of Dubuque,
Iowa, which notice shall not be less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration, and unless interested per-
sons at the time of the final considera-
tion of the proposed Resolution of
Necessity have flied objections with
the City Clerk, they shall be deemed to
have waived all objections thereto.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a,m.
the 10th day of August, 1981. Bids
shall be opened and read by the City
Clerk at said time and will be sub-
mitted to the Council for final action at
a meeting to be held at the City Coun-
cil Chambers in the City Hall at 7:30
p.m. on the 17th day of August, 1981.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution, setting
Hearing for 7-20-81. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Ordinance providing for a
Public Hearing to be held regarding re-
quest for tax exemption as requested
by Frommelt Industries for property
on Radford Road, presented and read.
Council Member Felderman moved
that the communication be received
and flied. Seconded by Council Mem-
ber Pratt. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Community De-
vehipment Director certifying that
preliminary plans submitted by From-
melt Industries, Inc. conform to re-
quirements of the Planned Industrial
District, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Pratt. Carried by the follow-
270
Regular Session, July 6, 1981
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
An Ordinance Providing for the Pub-
lic IIearlng for prior approval of tax
exemption for new construction filed
by applicant, Frommelt Industries,
Inc., presented and read.
Council Member Felderman moved
that the reading just had be consid-
ered the first reading of the Ordinance.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that a public hearing be held on the Or-
dinance on 7-20-81. Seconded by Coun-
cji Member Pratt. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bars Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition submitted by John Waltz et
al (153 signers), requesting a second
Public Hearing be held regarding es-
tablishing Washington Street Urban
Revitalization Area, as provided by
Iowa House File 81, presented and
read.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition of Maximo C. Damasco et al
(5 signers) requesting the area located
hi the block bounded by an alley on the
east, and Elm St. on the West, 13th St.
on the North and 12th St. on the South
be included in the proposed Washing-
ton Street Revitalization Area, pre-
sented and read.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting clarification on the pro-
ceedings regarding the request for se-
cond public hearing on the proposed
Washington Street Revitalization
Area, presented and read.
Council Member Felderman moved
that the communication be received
and filed and Hearing set for 7-20-81.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition from Central Engineering
Co. requesting reconsideration of ac-
tion taken at Council Meeting on June
10, 1981, regarding the leasing of pro-
party on 16th Street on City Island.
presented and read.
Council Member Pratt moved that
the petition be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Attorney Wm. Fuerste, representing
Central Engineering, requested Court-
cll reconsider original rejection of re-
quest, stressing that this location
would expedite project, bring in addi-
tional income etc.
Mr. Dan Schmidt, Paving Supr.
stated that the requested site is the
Mr. Milton Marty, 1438 Garfield, ob-
to the possible location of this
company on Kerper Blvd. and hoped
the City would allow it to relocate to
the requested area.
Ed Rolle, Mgr. of Ready-Mix Con-
crete of Dubuque, objected to the firm
coming in.
Council Member Pratt moved to re-
consider their action taken June 10,
1981 relative to the granting of the pa-
tition by Central Engineering Co.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Council Members Farrell,
Felderman, Pratt.
Nays--Mayor King, Council Mem-
bar Brady.
Council Member Felderman moved
that the request by Central Engineer-
lng Co. be approved, limiting time of
duration to Nov. 30, 1981, the cost of
the lease to be $12,000, and Staff to
undertake necessary paperwork.
Seconded by Council Member Farrell.
Regular Session, July 6,~1981
Carrled by the following vote:
Yeas--Council Members Brady, Far-
rail, Felderman, Pratt.
Nays--Mayor King.
Petition of John Klauer requesting
to address the Council to present a pe-
tition requesting the rescinding the
15% sewer charge and asking consid-
eration for issuance of Industrial
Reven!~.e Bonds, presented and read.
Council Member Felderman moved
to receive and file the petition. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
John Klkuer, 1927 University, spoke
to the petition stressing that if the
bonds are issued, the Pack will receive
lower interest rates and buyers of
bonds will benefit, and it is necessary
that the Pack continue in the City.
Council Member Brady commended
Mr. Klkuer for his efforts and wants to
go on record as being in favor of Indus~
trial Revenue Bond relative to Dubu-
que Packing Co.
Council Member Brady moved that
the City Manager be directed to offer a
formal letter to the Pack for issuance
of Ind. Revenue Bonds. Seconded by
Mayor King. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Pratt.
Nays--Council Members Farrell,
Felderman.
Petition of Louis It. Pfohl and Les-
tar IIflby requestlng to address the
Council regarding the authorizing of
Eminent Domain Proceedings for the
extension of the Resurrection Church.
Burbach Sanitary Sewer through their
properties as approved at Council
Meeting on June 1, 1981, presented
and read.
Council Member Felderman moved
to receive and file the Petition and
bring back at next meeting. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Attorney Leo McCarthy requested
that Council reconsider the condemns-
tion motion of June 1st, strossing that
both the Hilby and Pfohl properties
are agricultural and therefore it would
be in their best interest if they did not
have to pay until the actual time of
hookup.
271
Bob Frommelt, Trustee for Resur-
rection Church, stated that this sewer
connection is necessary for the future
of the Resurrection church and school,
as there are problems with the present
septic tank system.
Petition of residents of Orchard Dr.
area relating to condition of sidewalks
in their district, presented and read.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Mr. George Steuer, 2159 Orchard
Dr., stated that this has been a prob-
lem of about 10 years, and feels that
there is need for a catch basin at the
top of the hill.
Ed Frick, 2144 Orchard, stated there
is evidence of sidewalks leaning
wards street and feels it is no good to
fix his property until the ones above
are fixed.
Council Member Felderman moved
that the City and the Neighborhood
coordinate their program(s) and go
ahead with reconstruction when 100%
cooperation or satisfactorily citizens
agree. Seconded by Council Member
Farrell. Carried by the fonowlng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil. Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Resolution providing the
authorization to sign a maintenance
agreement with the Iowa D.O.T. for
certain primary roads within the City
in FY '82, presented and read.
Council Member Brady moved that
the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 189-81
Authorizing the City Manager to Exe-
cute a Maintenance Agreement wlth
the Iowa Department of Transports-
tion.
WHEREAS, the Iowa Department
of Transportation reimburses the City
of Dubuque annually, for the main-
tenance of certain segments of pri-
mary roads within the city limits; and
WHEREAS, the Iowa Department
of Transportation has submitted a
maintenance agreement to the City to
Regular Session, July 6, 1981 273
272
be effective from July 1, 1981, to June
30, 1982, with the agreed upon reim-
bursement of $7,682.40; and
WHEREAS, this represents a twen-
ty percent increase over FY81, when
the City received $6,402.00.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
Section 1. That the City Manager be
authorized to execute an agreement for
the repair and maintenance of certain
elements of primary roads within the
City of Dubuque for FY82.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager
submitting Resolutions accepting the
improvements and final estimates for
contracts covering miscellaneous fur-
niture supplied to the Carnegie Stout
Library, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Farreli. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
(A Resolution
Accepting Improvement)
RESOLUTION NO. 190-81
WHEREAS, the contract for the
Identifying Devices at Carnegie-Stout
Public Library Extension with Frank
Hardie Advertising, Incorporated,
Dubuque, Iowa has been completed
and the City Manager has examined
the work and filed his certificate stat-
lng that the same has been completed
according to the terms of the contract,
plans and specifications and recom-
mends its acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City Man-
ager be approved and that said im-
proveanent be and the same is hereby
accepted.
BE IT FURTHER RESOLVED
Regular Session, July 6, 1981
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tot from the funds to be realized from
the sale of General Obligation bonds
issued upon the above described im-
provement in amount equal to the
amount of his contract, less any re-
rained percentage provided for there-
In,
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farreli. Carried by
the following vote:
Yeas--Mayor King~ Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Final Estimate
RESOLUTION NO. 191-81
WHEREAS, the contract for the
Identifying Devices at Carnegie-Stout
Public Library Expansion with Frank
Hardie Advertising, Incorporated,
Dubuque, Iowa has been completed
and the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of estimates,
notices, inspection, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the cost of said improvement is hereby
determined to be $7,237.41.
That $7,237.41 oI the cost thereof
shall be paid from the General Obliga-
tion Bond Sale Fund of the City of Du-
buque.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the followmg vote
Yeas--Mayor King, Council Mem-
bets Brady, Farrefi, Felderman, Pratt.
Nays--None.
(A Resolution
Accepting Improvementl
RESOLUTION NO. 192-81
WHEREAS, the contract for the
Furniture and Equipment at Carnegie-
Stout Public Library Expansion with
the Blackhawk Company, Jefferson,
Wisconsin has been completed and the
City Manager has examined the work
and filed his certificate stating that
the same has been completed accord-
lng to the terms of the contract, plans
and specifications and recommends its
acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City Man-
ager be approved and that said im-
provement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tot from the funds to be realized from
the sale of General Obligation bonds
issued upon the above described im-
provement in amount equal to the
amount of his contract, less any re-
tained percentage provided for there-
in.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Final Estimate
RESOLUTION NO. 193-81
WHEREAS, the contract for the
furniture and equipment at Carnegie-
Stout Public Library expansion with
Blackhawk Company, Jefferson,
Wisconsin has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof in-
ciuding the cost of estimates, notices,
inspection, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
$17,589.00 of the cost thereof shall be
paid from the General Obligation
Bond Sale Fund of the City of Dubu-
que.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
(A Resolution
Accepting Improvement)
RESOLUTION NO. 194~81
WHEREAS, the contract for the in-
terior furnishings, equipment and re-
finishing existing furniture at Carne-
gie-Stout Public Library expansion
with Fandrei, Inc., Des Moines, Iowa
has been completed and the City
,Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City Man-
ager be approved and that said im-
provement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the funds to be realized from
the sale of General Obligation bonds
issued upon the above described im-
provement in amount equal to the
amount of his contract, less any re-
tahied percentage provided for there-
in.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farroll, Felderman, Pratt.
Nays--None.
Final Estimate
RESOLUTION NO. 195-81
WHEREAS, the contract for the in-
terior furnishings, equipment and re-
finishing existing furniture at Carne-
gie-Stout Public Library expansion
with Fandrei, Inc., Des Moines, Iowa
has been completed and the City Engi-
neer has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices, inspection,
now therefore,
BE IT RESOLVED, by the City
Council 6f the City of Dubuque, That
the cost of said improvement is hereby
determined to be $76,100.00.
That $76,100.00 of the cost thereof
274
Regular Session, July 6, 1981
shall be paid from the General Obliga-
tion Bond Sale Fund of the City of Du-
buque.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
(A Resolution
Accepting Improvement)
RESOLUTION NO. 196-81
WHEREAS, the contract for the
drapes in the Carnegie-Stout Public
Library expansion with Kahle Carpet
Company, Dubuque, Iowa has been
completed and the City Manager has
examined the work and filed his cer till-
cate stating that the same has been
completed according to the terms of
the contract, plans and specifications
and recommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City Man-
ager be approved and that said im-
provement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he is
hereby directed to pay to the contrac-
ter from the funds to be realized from
the sale of General Obligation bonds
issued upon the above described im-
provement in amount equal to the
amount of his contract, less any re-
tained percentage provided for there-
in.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded·
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Final Estimate
RESOLUTION NO. 197-81
WHEREAS, the contract for the
drapes in the Carnegie-Stout Public
Library expansion with Kahle Carpet
Company, Dubuque. Iowa has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices, inspection, now
BE IT RESOLVED, by the City
Council of the City of Dubuque, That
the cost of said improvement is hereby
determined to be $9,825.00.
That $9,825.00 of the cost thereof
shall be paid from the General Obliga-
tion Bond Sale Fund of the City of Du-
buque.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
(A Resolution
Accepting Improvement)
RESOLUTION NO. 198-81
WHEREAS, the contract for the
furniture and equipment for Carnegie-
Stout Public Library expansion with
the Kirk-Gross Company, Waterloo,
Iowa has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City Man-
ager be approved and that said im-
provement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the funds to be realized from
the sale of General Obligation bonds
issued upon the above described im-
provement in amount equal to the
amount of his contract.
Passed, adopted and approved this
6th day of July, 1981.
Regular Session, July 6, 1981
275
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City C~erk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
ber~ Brady, Farreil, Felderman, Pratt.
Nays--None.
Final Estimate
RESOLUTION NO. 199-81
WHEREAS, the contract for the
furniture and equipment for Carnegie-
Stout Public Library expansion with
the Kirk-Gross Company, Waterloo,
Iowa has been completed and the City
Engineer has submitted his final esti-
mate showing the cost thereof includ-
ing the cost of estimates, notices, in-
spection, and preparing the assess-
merit and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, That
the cost of said improvement is hereby
determined to be $27,105.42.
That $27,105.42 of the cost thereof
shall be paid from the General Obliga-
tion Bond Sale Fund of the City of Du-
buque.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(A Resolution
Accepting Improvement)
RESOLUTION NO. 200-81
WHEREAS, the contract for the
furniture and equipment for Carnegie-
Stout public library expansion with
the Kirk-Gross Company, Waterloo,
Iowa has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that
the recommendation of the City Man-
ager be approved and that said im-
provement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the funds to be realized from
the sale of General Obligation bonds
issued upon the above described im-
provement in amount equal to the
amount of his contract, less any re-
tained percentage provided for there-
in.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Final Estimate
RESOLUTION NO. 201-81
WHEREAS, the contract for the
furniture and equipment for Carnegie-
Stout Public Library expansion with
the Kirk-Gross Company, Waterloo,
Iowa has been completed and the City
Engineer has submitted his final esti-
mate showing the cost thereof inchid-
hig the cost of estimates, notices, in-
spection, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, That
the cost of said improvement is hereby
determined to be $36,245.42.
That $36,245.42 of the cost thereof
shall be paid from the General Obliga-
tion Bond Sale Fund of the City of Du-
buque.
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Mgr. sub-
mittlng Resolution providing for the
adoption of Supplement No. 8 to the
276
Code of Ordinances, presented and
read.
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 202-81
Resolution Adopting Supplement No.
8 to the Code of Ordinances of the City
of Dubuque, Iowa.
WHEREAS, under date of Novem~
bet 1, 1976, the City Council of the
City of Dubuque, Iowa, pursuant to
Ordinances 55-76, and after a public
hearing, adopted a Code of Ordinances
of the City of Dubuque, Iowa, for or-
dinances adopted up to and including
September 15, 1975; and
WHEREAS, since September 15,
1975, the City Council of the City of
Dubuque, Iowa, has adopted certain
ordinanCes amending the Code of
dinancee and said amendments have
been printed from time to time as sup-
plements to the Code of Ordinances;
and
WHEREAS, Section 380.8 of the
1979 Code of Iowa provides that the
supplements, by resolution, become
part of the Code of Ordinances;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Supplement No.
8 to the Code of Ordinances of the City
of Dubuque, Iowa, covering ordlnane-
es adopted by the City Council of the
City of Dubuque, Iowa, up to and
through December22, 1980, printed by
the Municipal Code Corporation~ Talla-
haseee, Florida, hereto filed in the of-
rice of the City Clerk of the City of Du-
buque, be and it is hereby adopted and
becomes part of the Code of Ordinanc-
es of the City.of Dubuque, Ioww
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farreil. Carried by
the following vote:
Regular Session, July 6, 1981
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition from Colts Drum and Bugle
Corps advising of sponsoring a circus
on July 18, 1981 and requesting that
be waived, presented and read.
Council Member Farrell moved that
the petition be received and filed and
waiving oI the fee be approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farre]l, Felderman, Pratt.
Nays--None.
Consideration of An Ordinance Pro-
viding that the Code oI Ordinances, be
amended by instituting a New Article
in Chapter 26, said Article to be num-
bered Article VIII, Drug Parapher-
nalia or the advertisement of Drug
paraphernalia, presented and read.
Corporation Counsel Rusee stated
he hoped to receive advance notice
relative to the decision of the Eighth
Circuit Court in St. Louis so as to
make recommendation on whether or
not to adopt Ordinance, in the near
future.
Council Member Pratt moved that
this item be brought to the meeting of
July 20th. Seconded by Council Mem-
ber Felderman. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
BOARDS AND COMMISSIONS:
Communication of Richard E. Riedl
submitting resignation from Human
Bights Comm. effective immediately;
communication of Chairman of Recrea-
tion Comm. advising of resignation of
Steven B. Elbing as Commissioner
from Recreation Commission, pre-
eented and read.
Council Member Felderman moved
that the communications be received
and filed and resignations accepted
with regret. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 203-81
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that the following, having complied
with the provisions of law relating to
the sale of Cigarettes within tlie City
of Dubuque, Iowa, be granted a permit
to sell Cigarettes and Cigarette Papers
Regular Session, July 6, 1981 277
within said City.
A & W Restaurants 2260 J.F.K. Rd.
Beecher Co., Inc. 2399 White
Beecher Co., Inc. 1691 Asbury
Beidler "66" 1122 Dodge
Corbett's Cash Grocery 408 W. Locust
Dick & Jean's Food Service
RR 1 Zwingle
Iowa Inn 125 West 9th
52 Tap Tavern 3670 Central
Finale Lounge 1701 Central
Ken's Union "76" 2480 University
Kuhles Shell Service 3201 Central
Mulligan's Ten Pin Tap
601 Rhomberg
Morett's "76" Service 3198 Central
O'Hara's Texaco Service 70 S. Locust
T F M Co. Oky Doky -6 1250 Iowa
T FM Co. Oky Doky-9 51 W. 32nd
T F M Co. Oky Doky -5
1545 S. Grandview
Will-Co., Inc. Oky Doky Foods -10
805 West 5th
The Olde German Bank 342 Main
Puppet Inn 1097 Jackson
Pusaterl Bros. Inc. 2400 Central
Vendors Unlimited Regal 8 Inn
2680 Dodge
Shot Tower Inn 4th & Locust
Vendors Unlimited Sunny Crest
Manor 2375 Roosevelt
Vendors Unlimited University of
Dubuque Student Union
2050 University
Walgreen Co. 555 J.F.K. Rd.
A. Y. McDonald Mfg. Co. 12th & Pine
William C. Brown Co. 2460 Kerper
Dubuque Municipal Airport RR 3
Dubuque Packing Co. 713 I6th St.
Flexsteel Industries, Inc. 3200 Jackson
Baum Shelter 500 Rhomberg
Dale's Standard 1450 Loras
Happy Hour Tavern 55 Locust
SCotties 2327 Central
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Dubuque Jaycees requesting to
transfer Class "B" Beer Permit from
1023~/2 Main St. to McA]eece Field on
July 15th and The Bistro requesting
to transfer Liquor License from 951
Main Street to Town Clock Plaza 7th
Street on July 10th and 11th, pre-
sented and read.
Council Member Pratt moved that
the request(s) be approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 204-81
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council Ior approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named appli-
cants a Beer Permit.
CLASS "B" BEER PERMIT
Long John Silver's 1500 J.F.K.
(Also Sunday Sales)
Church of the Nativity 1225 Alta Vista
Pusateri Bros., Inc. 2400 Central
CLASS "C" BEER PERMIT
Vivian Heinz 3301 Pennsylvania
(Also Sunday Sales)
Dennis Albert Althaus 25 Ruby
(Also Sunday Sales)
Revco Discount Drug Centers of
Iowa, Inc. Warren Plaza
(Also Sunday Sales)
J. D. Streett & Company, Inc.
55 J.F.K. Rd.
(Also Sunday Sales)
John George Miller, Sr. Riverview Pk.
(Also Sunday Sales)
Harriet J. Ginter and Nancy E.
Ginter 1545 S. Grandview
(Also Sunday Sales)
Passed, adopted and approved this
6th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
278
Regular Session, July 6, 1981
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 205-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected 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 the
City of Dubuque, Iowa, that the Man-
nger be authorized to cause to be is-
sued to the following named appll-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
James J. Birkett 55 Locust
Fischer & Company, Inc. 880 Locust
(Also Sunday Sales)
Parochetti Enterprises, Inc.
2600 Dodge Street
Passed, adopted and approved tins
6th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem~
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
MINUTES SUBMITTED: Airport
Commission of 6-9; Cable TV Commis-
sion of 6-9; Civil Service Commission
of 5-6; Five Flags Comm. of 6-15;
Housing Comm. Review Committee of
6-8 and 6-16; Human Rights Comm. of
4-30, 5-2, 5-14, and 6-4; Park Board of
5-8 and 6-11; Transit Bd. of 5-21 (2);
Earnings Statement for month of
May, 1981; P & Z submitting amend-
ments to Zoning Ordinance; Recrea-
tion Comm. of 6-8; presented and read.
Council Member Felderman moved
that the minutes be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
NOTICES OF CLAIMS: Jason
Donath, in undetermined amt. for per-
sonal injuries; Kevin W. Kisting,
$1260.65 for boat damages at Schmitt
Harbor; Darcie H. Weber, in est. amt.
of $546.33 for car damages; Terry
Thacker, in amt. of $368 for car dam-
ages while entering Locust St. Parking
Ramp; Tom Schmitt, in est. amt. of
$200 for windshield damages, pre-
sented and read.
Council Member Felderman moved
that the claims be referred to the cor-
poration counsel. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Feinerman, Pratt.
Nays--None.
Notice of Writ Of Certiorari from
Area Residential Care, Inc. vs. City of
Dubuque and City's Bd. of Adjust-
ment concerning denial of a condition-
al use permit on May 21, 1981, pre-
sented and read.
Council Member Felderman moved
that the Notice be referred to the Cor-
poration Counsel for investigation.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel recommending settlement of
personal injury claim of Isadore Mar-
tin, in amt. of $1,500, presented and
read.
Council Member Felderman moved
that settlement be approved and
Finance Director to issue proper
check. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel recommending denial of per-
sonal injury claim of Bernadine
Schmid, presented and read.
Council Member Felderwan moved
that the denial be approved. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Counsel for
KDUB-TV submitting copy of "Mo-
tion for Expedited Action" before the
F,C.C. in matter of KDUB-TV, Inc.
and "Petition for Special Relief" for
same, presented and read.
Regular Session, July 6, 1981
279
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
bet Pratt. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communications of HUD advising
of approval of Community Develop-
ment Block Grant Program for Dubu-
que, in amt. of $1,160,000 for period of
July 1, 1981 to June 30, 1982; HUD
notifying of approval of application for
Section 8 Moderate Rehabilitation
Housing Program for 25 Units for non-
elderly and notification of approval of
application for 22 units of existing ex-
clusive of recently completed housing,
presented and read.
Council Member Felderman moved
that the communication(s) be received
and filed and referred to the City
Manager. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Civil Aeronautics
Bd. submitting Notices of Intent of
Mississippi Valley Airlines, Inc., pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Northwestern
Bell Telephone Co. advising of rate in-
creases for certain special service tele-
phone circuits, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of DEQ submitting
supplement to construction permit for
Sanitary Sewer Extension for Arbor
Oaks, Block 8, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Mgr. sub-
mitting reports for month of May,
1981; Proof of publication, certified to
by the Publisher, of List of Receipts
and Expenditures for month of May,
1981, presented and read.
Council Member Felderman moved
that the communication and proof of
publication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
REFUNDS REQUESTED: Evening
Optimist requesting refund of $225 on
unexpired portion of Class "B" Beer
Permit; John David $50 on unexpired
Beer Permit, presented and read.
Council Member Felderman moved
that the request be approved and
Finance Director to issue proper
check. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of Attorney Robert
M. Bertsch, on behalf of Continental
Grain Co. and Conti~Carriers and Ter-
minals, Inc., requesting the termina-
tion of easement granted to CNW for
the location and maintenance of its
track serving City Island, and grant-
ing a new easement to Hodge and Con*
ti, presented and read.
Council Member Felderman moved
that the communication be received
and filed and referred to City Mgr.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Orville E.
Madsen & Son, Inc. requesting exten-
sion of Option Agreement for purchase
of real estate in Dubuque In Futuro
Housing Site to March 18, 1982, pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed and referred to City Mgr.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Attorney Michael
Melloy, on behalf of Alan H. Israel,
28O
Regular Session, July 6,1981
requesting extension of Option Agree-
ment for purchase of real estate in
Dubuque-In-Future housing site to
December 31, 1981, presented and
read.
Council Member Felderman moved
that the communication be received
and filed and referred to City Manag-
er. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
There being no further business,
Council Member Pratt moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreli, Feiderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved -- 1981
Adopted _ __ 1981
Council Members
ATTEST:
City Clerk
Special Session, July 14, 1981
281
CITY COUNCIL
OFFICIAL
Special Session, July 14, 1981.
Council met at 4:00 P.M. (C.D.T.)
Present--Mayor King, Council
Members Brady, Pratt, City Manager
W. Kenneth Gearhart, Corporation
Counsel R. N. Russo.
Absent--Council Members Farrell,
Feldecman.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to discuss the proposals for
Cable TV Franchise and acting upon
such other business which may proper-
ly come before the Council.
Communication from City Manager
submitting the highlights of the agree-
ment reached with Teleprompter for a
New Cable TV Franchise, presented
and read.
City Manager Gearhart elaborated
on the highlights of the agreement.
Council Member Pratt moved to sus-
pend the rules to let anyone address
the Council ff they so desire. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Pratt. Nays--None.
Absent--Council Members Farrell,
Felderman.
Mr. Ron Larson, member of Dubu-
que Full Gospel Businessmen's Assn.,
stated that they were happy to see
that this proposal included two chan-
nels for Christian Broadcasting but
that implementation was 18 mos. in
the future and questioned the possibil-
ity of a Christian channel before that
length of time.
Mr. Tom Graham, owner of
Graham's and STampfer's, reiterated
Mr. Larson's statement and stated
that a religious programming channel
holds great importance for the elderly,
and would like to see earlier implemen-
ration.
Council Member Pratt moved to
receive and file the communication and
authorized the City Manager to pro-
ceed with action steps necessary to
finalize the proposal and bring back to
the Council Briefing Meeting of July
29th. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Pratt. Nays--None.
Absent--Council Members Farreli,
Felderman.
There being no further business,
Council Member Pratt moved to ad-
journ. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
hers Brady, Pratt. Nays--None.
Absent--Council Members Farreli,
Felderman.
Mary A. Davis
City Clerk
By: Karen M. Chesterman
Deputy City Clerk
Approved 1981
Adopted __ 1981
Council Members
ATTEST:
City Clerk
282
CITY COUNCIL
OFFICIAL
Special Session, July 20, 1981.
Council met at 7:30 P.M. (C.D.T.).
Present--Mayor King, Council
Members Brady, Farrell, Felderman,
Pratt, City Manager W. Kenneth
Gearhart, Corporation Counsel R. N.
Russo.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to conduct a Public Hearing
providing for the establishment of the
Washington Street Urban Revitallza-
tion Area, and acting upon such other
business which may properly come
before the Council.
PROCLAMATIONS: July 20th thru
July 251h as "Fighting Saints Booster
Club Week" received by Dan Smith;
Aug. 2nd thru Aug. 8th as "World
Hunger and Poverty Relief Week" re-
ceived by Jerry De Boer.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing to grant prior approval of tax
exemption for new construction as
filed by Frommelt Industries, Inc.,
presented and read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing. Council
Member Pratt moved that the proof of
publication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas--Mayor King, Council M~m-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 39-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
FOR PRIOR APPROVAL OF TAX
EXEMPTION FOR NEW CON-
STRUCTION FILED BY APPLI-
CANT, FROMMELT INDUSTRIES
INC., said Ordinance having been pre-
sented and read at the Meeting of July
6, 1981, presented for final adoption.
ORDINANCE NO. 39-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
FOR PRIOR APPROVAL OF TAX
EXEMPTION FOR NEW CON-
STRUCTION FILED BY APPLI-
CANT, FROMMELT INDUSTRIES,
INC.
Special Session, July 20, 1981
WHEREAS, Frommelt Industries,
Inc. an Iowa corporation with princi-
?al place of business in the City of
Dubuque, Iowa, has heretofore enter-
ed an agrement, dated May 4, 1981,
with Dubuque-In-Future, Inc. and the
City of Dubuque, Iowa relating to the
purchase of the following described
real estate:
Lot 1 of Dubuque Industrial Cen-
ter, First Addition to the City of Du-
buque, Iowa;
and
WHEREAS, Frommelt Industries,
Inc. proposes to construct, under the
terms of said agrement, new manufac-
turing facilities on said real estate; and
WHEREAS, Frommelt Industries,
Inc. desires to secure prior approval of
tax exemption in relation to the said
Dubuque Industrial Center property;
and
WHEREAS, the application by
Frommelt Industries, Inc. is filed pur-
suant to and in accordance with Ordi-
nance No. 70-79 known as Sec. 35-12,
Code of Ordinances, of the City of Du-
buque, Iowa.
NOW THEREFORE BE IT OR-
)AINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the application of
the Frommelt Industries, Inc. to se-
cure tax exemption for said industry in
relation to the Dubuque Industrial
Center real estate for the erection and
construction of new manufacturing fa-
cilities therein and new machinery and
equipment to be situated therein has
been filed with the City Council.
Section 2. That the City Council has
examined said Application and being
fully advised in the premises finds that
said Application should be approved.
PASSED, APPROVED AND
ADOPTED this 20th day of July,
1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 271h day of Ju-
ly, 1981.
Mary A. Davis
City Clerk
it 7~27
SpecialSession, July20,1981
283
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Public
Hearing providing for the establishing
of the Washington Street Urban Re-
vitalization Area, presented and read.
Council Member Feidernmn moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Msgr. Sigwarth
submitting comments regarding
blocks within the Washington St.
Urban Revitalization Area, presented
and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council
Member Farrell. Carried by the follow-
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Pratt moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Felder-
man. Carried by the renewing vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Msgr. Anthony Sigwarth, now of
1235 Mt. Loretta and former Pastor of
St. Mary's, requested that the addi-
tiona15¼ block area be included in the
area covered by the proposed Wash-
ington Street Urban Revitalization
Area.
Rev. Andrew Oppedahl, Pastor of
St. John's Lutheran Church, 1276
White St. expressed concern with the
zoning in this area and stated that
rather than moving their congregation
they wished to stay in this area and
hoped for everything positive.
Bob Sawvell, 1253 Washington,
stated that by not including the re-
quested 5~ block area, that it is not
fair to those residents.
John D. Waltz, 1552 Maple St., as
Pres. of the Washington Street Area,
requested that they include a full 7
blocks, rather than the originally re-
quested 5¼ blocks, into the area cov-
ered by the pending Ordinance,
stating that this neighborhood did not
want any division; also stating that
perhaps the entire City of Dubuque
could use the benefits and perhaps
should be included in a revitalization
Earl Bock, 1320 Rhomberg, stated
support of Msgr. Sigwarth's recom-
mendation and requested that the
Council drive past 13th & Elm and
other areas and see what these resi-
dents have done for repairs, etc.
Maxime C. Damaso, 3449 Crest-
wood Dr., stated he owns and has
greatly improved property in the dis-
cussed area, and ff this revitalization
includes his area, it would help.
Ann Hansen, 1493 Washington,
stated she believes the Council should
take advantage of this Act, and also
include either the requested 5¼ or 7
block area and that this area certainly
fits the description included in the
Act.
ORDINANCE NO. 40-81
AN ORDINANCE ESTABLISHING
THE WASHINGTON STREET UR-
BAN REVITALIZATION AREA
CONTAINING THE PROPERTIES
HEREINAFTER DESCRIBED,
PURSUANT TO THE REQUIRE-
MENTS OF HOUSE FILE 81, EN-
ACTED BY THE 68TH GENERAL
ASSEMBLY OF THE STATE OF
IOWA, said Ordinance having been
presented and read at the Council
Meetings of June 1st and June 15th,
presented for final adoption.
ORDINANCE NO. 40-81
AN ORDINANCE ESTABLISHING
THE WASHINGTON STREET UR-
BAN REVITALIZATION AREA
CONTAINING THE PROPERTIES
HEREINAFTER DESCRIBED,
PURSUANT TO THE REQUIRE-
MENTS OF HOUSE FILE 81, EN-
ACTED BY THE 68TH GENERAL
ASSEMBLY OF THE STATE OF
IOWA.
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
284
Special Session, July 20, 1981
Section 1. That the properties here-
inafter described shall hereafter be
designated an urban revitalization
area pursuant to House Pile 81, as en-
acted by the 68th General Assembly of
the State of Iowa, 1979, to wit:
Beginning at the center Hne of East
14th Street and the center llne of the
alley between Central Avenue and
Iowa Street; proceed northerly along
the center line of the alley between
Central Avenue and Iowa Street and
continue northerly along the center
line of Heeb Street to the intersec-
tion with the center line of the plat-
ted alley west of Central Avenue;
thence northerly along the center
llne along the platted alley west of
Central Avenue to the northwest
corner of Lot Sub. C.L. 438, 39 and
part of 676 SV~ Lot 1; thence easter-
ly along the northerly lot line of Lot 1
Sub. C.L. 438,439 and part of 676 SV2
Lot 1; extended easterly along the
center llne of East 20th Street to the
intersection with the center line of
Elm Street; thence southerly along
the center line of Ell Street to the
intersection with the center line of
East 14th Street; thence westerly
along the center line of East 14th
Street to the intersection with tlie
center line of the alley between Cen-
tral Avenue and Iowa Street, which
is the point of beginning.
Section 2. That the Washington
Street Urban Revitalization Plan is
hereby passed, approved and adopted
and the properties within said de-
scribed area shah be subject to the
provisions of said Plan.
Section 3. That said Washin~on
Street Urban Revitalization Plan shah
hereafter be on file in the City Clerk's
office, City HaH.
PASSED, APPROVED AND
ADOPTED, this 20th day of July,
1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 27th day of
July, 1981.
Mary A. Davis
City Clark
It 7/27
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Farreli.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Felderman, Pratt.
Nays--Council Members Brady,
Farrell.
Proof of publication, certified to by
the Publisher, of Notice of Pendency
on Resolution of Necessity for the con-
struction of North-West Arterial,
Stage I, Grading and Drainage (Dodge
St. to Penn. Ave.), presented and read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Felderman moved
that the proof of publication be re-
ceived and filed. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady. Farrell, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 178-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the North-West Arterial, Stage I --
Grading and Drainage.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shah be deemed to
have waived all objections thereto.
Said improvement shah be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and a~e now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from General Obligation Bonds.
The above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 6th day of
July, 1981.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 20th day of July,
1981.
D. Michael King
Mayor
Special Session, July 20, 1981
285
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Resolution.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 206-81
WHEREAS, proposed plans and
specifications and form of contract for
the North-West Arterial, Stage I --
Grading and Drainage have been ap-
proved by the City Council of the City
of Dubuque and public notice given as
provided by the Code of Iowa pertain-
ing to public contracts and bonds, and
the time and place fixed for the hear-
ing of ali objections to said plans, spe-
cifications or contract for or cost of
such improvements, said time being
this 20th day of July, 1981; and
WHEREAS, the City Council met in
Special session this 20th day of July,
1981, at 7:30 p.m. at the City Council
Chambers in the City Hall for the pur-
pose of hearing aH interested parties
and considering any and aH objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and aH objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that all objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon aH ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, FarreH, Felderman, Pratt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 207-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 178-81 which was duly
passed by this Council for the North-
West Arterial, Stage I -- Grading and
Drainage be and the same are hereby
ordered and constructed by this Coun-
cil upon its own motion and with or
without the petition of property own-
ers. All the work shall be constructed
in accordance with the plans and speci-
fications heretofore adopted and now
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from General
Obligation Bonds.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby
directed to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shah not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 30th day of July, 1981. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to
the Council for final action at a meet-
lng to be held at the City Council
Chambers in City HaH at 7:30 p.m. on
the 17th day of August, 1981.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
286
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Fciderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrcil, Felderman, Pratt.
Nays--None.
Special Session, July 20, 1981
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
From General Obligation Bonds.
The above resolution was intro-
duced, approved and ordered placed on
with the City Clerk this 6th day of
July, 1981.
Proof of publication, certified to by
the Publisher, of Notice of Pendency of
Resolution of Necessity for the con-
struction of North-West Arterial,
Stage I Pretensioned-Prestressed Con-
crete Beam Bridge, presented and
read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Pratt moved that
the proof of publication be received
and filed. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Fciderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 181-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the North-West Arterial, Stage I --
295'.4" x 43'-2" Pretension-Prestress-
ed Concrete Beam Bridge.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 20th day of July,
1981.
D. Michaci King
Mayor
Mary A. Davis
City Clerk
Council Member Pratt moved that
:he Resolution be adopted. Seconded
by Council Member Felderman. Car-
tied by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Decision of Councfi Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 208-81
WHEREAS, proposed plans and
specifications and form of contract for
the North-West Arterial, Stage I --
295'-4" x 43'-2" Pretension-Prestress'
ed Concrete Beam Bridge have been
approved by the City Council of the
City of Dubuque and public notice
~ the Code of Iowa
to public contracts and
bonds, and the time and place fixed for
the hearing of all objections to said
plans, specifications or contract for or
cost of such improvements, said time
being this 20th day of July, 1981; and
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned ira-
provement, and unless interested par-
ties at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
WHEREAS, the City Council met in
Special session tins 20th day of July,
1981, at 7:30 p.m. at the City Council
Chambers in the City Hall for the pur-
er hearing interested parties
· and all objections
which have been flied to the proposed
plans, specifications or contract for or
cost of the impruvement herein de-
scribed and proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
Special Session, July 20, 1981
287
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that aH objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon all ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved final
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Ordering Construction)
RESOLUTION NO. 209-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 181-81 which was duly
passed by this Council for the North-
West Arterial, Stage I -- 295'-4" x
43'-2" Pretonsioned-Prestressed Con-
crete Beam Bridge be and the same are
hereby ordered and constructed by
this Council upon its own motion and
with or without the petition of proper-
ty owners. Ali the work shah be con-
structed 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 the said
improvement be paid from General
Obligation Bonds.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby df-
rected to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 4th day of August, 1981. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to
the Council for final action at a meet-
lng to be held at the City Council
Chambers in City Hall at 7:30 p.m. on
the 8th day of September, 1981.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shah be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Fciderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Pendency
on Resolution of Necessity for the con-
struction of Radford Industrial Park
Water Storage Facility, presented and
read.
There were no written objections re-
ceived and no oral objectors present at
the time set for the Hearing.
Council Member Brady moved that
the proof of publication be received
and filed. Seconded by Council Mem-
ber Pratt. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
(Necessity for Improvement)
RESOLUTION NO. 184-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
fice of the City Clerk showing among
other things the plans, specifications
288
Special Session, July 20, 1981
and form of contract for the improve-
ment, and an estimate of the cost for
the Radford Industrial Park Water
Storage Facility.
BE IT THEREFORE RESOLVED
that the City Council deems it edvis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the im-
provement, they shali be deemed to
have waived ali objections thereto.
Said improvement shali be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from Water Division Improvement
Funds.
The above resolution was introduc-
ed, approved and ordered placed on file
with the City Clerk this 6th day of
July, 1981.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed by
the City Council this 20th day of July,
1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Brady moved final
adoption of the Ordinance. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost oI Improvements
RESOLUTION NO. 210-81
WHEREAS, proposed plans and
specifications and form of contract for
the Dubuque Industrial Center and
Associated Sewer/Water Service Facfl-
ities have been approved by the City
Council of the City of Dubuque and
public notice given as provided by the
Code of Iowa pertaining to public con-
tracts and bonds, and the time and
place fixed for the hearing of ali objec-
tions to said plans, specifications or
contract for or cost of such improve-
ments, said time being this 20th day of
July, 1981; and
WHEREAS, the City Council met in
Special session this 20th day of July,
1981, at 7:30 p.m. at the City Council
Chambers in the City Hall for the pur-
pose of hearing ali interested parties
and considering any and all objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made; and
WHEREAS, ali interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that all objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon all ob-
jections which have been filed to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Brady moved final
adoption of the Reeolutinn. Seconded
by Council Member Pratt.. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Ordering Construction
RESOLUTION NO. 211-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 184-81 which was duly
passed by this Council for the Dubu-
que Industrial Center and Associated
Sewer/Water Service Facilities be and
Special Session, July 20, 1981
289
the same are hereby ordered and con-
structed by this Council upon its own
motion and with or without the peti-
tion of property owners. Ail the work
shall be constructed in accordance
with the plans and specifications here-
tofore adopted and now on file in the
office of the City Clerkl
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from EDA, G. O.
Bonds and Water Improvement
Funds.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby dj-
rected to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 10th day of August, 1981. Bids
shall be opened and read by the City
Clerk at said time and will be submit-
ted to the Council for final action at a
meeting to be held at the City Council
Chambers in City Hail at 7:30 p.m. on
the 17th day of August, 1981.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Proof of publication, certified to by
the Publisher, of Notice of Pendency
on Resolution of Necessity for the con-
stxuction of Dubuque Industrial Cen-
ter and Associated Sewer/Water Ser-
vice Facilities, presented and read.
There were no written objections re-
ccived.
Council Member Farreli moved that
the proof of publication be received
and filed. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Ed Tschiggfrie, 400 Jullen Dubuque
Dr., requested that the Council consid-
er alternative bidding so that he can
bid on certain projects, not limiting it
to concrete bidders only, as he is one
local asphalt contractor who is inter-
ested.
John Flynn, of Flynn Ready-Mix,
stated that the City has never offered
an alternative bid (concrete or asphalt)
and that if it goes that way now, it will
have to in the future, and he doesn't
think it's necessary. He is a local con-
crete contractor and he intends to bid
these City jobs.
Ed Rolle, rural Peosta, stated that
there is no need to change now, as
maintenance, durability ete. should ail
be considered, as well as IDOT's specs.
(Necessity for Improvement)
RESOLUTION NO. 187-81
WHEREAS, proposed plans have
been duly prepared and approved by
the City Council of the City of Dubu-
que, Iowa, and are now on file in the of-
lice of the City Clerk showing among
other things the plans, specifications
and form of contract for the improve-
ment, and an estimate of the cost for
the Dubuque Industrial Center and
Associated Sewer/Water Service
Facilities.
BE IT THEREFORE RESOLVED
that the City Council deems it advis-
able and necessary for the public wel-
fare to make the herein mentioned im-
provement, and unless interested per-
sons at the time of the final considera-
tion of this proposed resolution have
filed objections with the City Clerk to
the proposed plans, specifications,
contract or estimated cost of the ira-
provement, they shall be deemed to
have waived ali objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which
have been approved by the City Coun-
cil and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be paid
from Water Division Improvement
Funds.
The above resolution was introduc-
ed, approved and ordered placed on file
with tho City Clerk this 6th day of
July, 1981.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
tossed and adopted, as proposed by
the City Council this 20th day of July,
1981.
290
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Decision of Council Upon Objections
to Plans, Specifications, Form of
Contract and Cost of Improvements
RESOLUTION NO. 212-81
WHEREAS, proposed plans and
specifications and form of contract for
the Dubuque Industrial Center and
Associated Sewer/Water Service Facil-
ities have been approved by the City
CoUncil of the City of Dubuque and
public notice given as provided by the
Code of Iowa pertaining to public con-
tracts and bonds, and the time and
place fixed for the hearing of ail objec-
tions to said plans, specifications or
contract for or cost of such improve-
manta, said time being this 20th day of
July, 1981; and
WHEREAS, the City Council met in
Special session this 20th day of July,
1981, at 7:30 p.m. at the City Council
Chambers in the City Hall for the pur-
pose of hearing ail interested parties
and considering any and ail objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made; and
WHEREAS, ail interested parties
have been given an opportunity to be
heard and all objections which have
been duly weighed and considered;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, that ail objections
which have been made and filed to the
plans, specifications, contract for or
cost of said improvement herein de-
scribed and proposed to be made, be
and the same hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
BE IT FURTHER RESOLVED
that this resolution containing the de-
cision of this City Council upon ail ob-
jections which have been fried to the
plans, specifications and form of cost
said improvement be made a matter of
permanent record in connection with
said improvement.
Special Session, July 20,1981
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
kTTEST: Mayor
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the foilowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(Ordering Construetinn)
RESOLUTION NO. 213-81
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 187-81 which was duly
passed by this Council for the Dubu-
qua Industrial Center and Associated
Sewer/Water Service Facilities be and
the same are hereby ordered and con-
structed by this Council upon its own
notion and with or without the peti-
tion of property owners. Ail the work
~hail be constructed in accordance
with the plans and specifications here-
tofore adopted and now on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvement be paid from EDA, G. O.
Bonds and Water Improvement
Funds.
BE IT FURTHER RESOLVED
that the City Clerk be and is hereby dj-
rected to advertise for proposals for
the construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said proposals at 10:00 a.m.
the 10th day of August, 1981. Bids
shall be opened and read by the City
Clerk at said time and will be submit-
ted to the Council for final action at a
meeting to be held at the City Council
Chambers in City Hall at 7:30 p.m. on
the 17th day of August, 1981.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by the
City Council.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
City Clerk
Spedal Session, July 20,1981
291
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of P & Z submitting
amendments to Zoning Ordinance to
provide for housing.for elderly re-de.
fined, allowing nursing homes in PUD
Districts, PUD Standards - Floor Area
Ratio, presented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
AN ORDINANCE Amending Code
of. Ordinanees to enact new sections in
~lau thereof providing for new defini-
tion of Housing for the Elderly, to al-
low principal or conditional uses in un-
derlying districts as principal permit-
ted uses in the corresponding PUD
designation, to clarify accessory uses
permitted within the PUD District
and to develop a maximum permitted
floor area ratio standard not presently
covered by existing standards, pre-
sented and read.
Council Member Farreil moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and fried at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Farrell moved that
the Ordinance be set for Public Hear-
lng on 8-17-81. Seconded by Council
Member Pratt. Carried by the follow-
ing vote:
Ycas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of P & Z recom-
mending rezoding request of Luther
Manor from R-2 Single Family Resi-
dential to R-4 Planned Unit Develop-
ment designation, and preliminary de-
velopment plan on their property lo-
cated at 3131 Hiilcrest Road, pre-
eented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
AN ORDINANCE Providing that
the Code of Ordinances be amended by
reclassifying property described as
Lot 2-1 and Lot 2-1-1-1 of Power's
Farm, located at 3131 Hillcrest Rd.,
from R-2 Single Family Residential to
R-4 Planned Unit Development desig-
nation, presented and read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Falderman.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the Ordinance be set for Public Hear-
ing on Aug. 17, 1981. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition of Wayne Petesch request-
ing to address the Council to ask for
reconsideration of their action relative
to the Crescent Ridge Sanitary Sewer
Extension construction, presented and
read.
Mr. Petesch not being present,
Council Member Pratt moved to re-
calve and file the petition. Seconded by
Council Member Farrell. Carried by
the fei/owing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farts/l, Felderman, Pratt.
Nays--None.
Communication of P & Z racom-
mending denial of rezoning request of
Dennis & Catherine Bm'de for prope~
ty located at 405 Lincoln from P~4
292
Special Session, July 20, 1981
Multi-Family Residential to C-2 Local
Service Commercial District, pre-
sented and read.
Catherine Burds, Rt. -1, Sageville,
as owner of that property requested
that Council not affirm denial of the P
& Z Commission, as they wished the
zoning changed so as to build a busi-
ness there, as it was too small for
multi-family etc.
Council Member Felderman moved
that the communication be received
and filed and denial by P & Z Commis-
sion be approved. Seconded by Council
Member Farreil. Carried by the follow-
ing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of P & Z approving
final plat of "Coventry Park" located
south of Kaufmann Ave. on west side
of Chancy Rd. owned by John F.
Steger, et al, presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
voto~
Yeas--Mayor King, Council Mem-
bets Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 214-81
A Resolution Approving the Plat of
the Subdivision of Lot 2-1-2 Coventry
Park in the City of Dubuque, lows.
WHEREAS, there has been filed
with the City Clerk a plat of the Subdi-
vision of Lot 2-1-2 Coventry Park in
the City of Dubuque, Iowa; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council, and the
City Council finds that the same con-
forms to statutes and ordinances relat-
lng thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat of the Subdi-
vision of Lot 2.1-2 Coventry Park in
the City of Dubuque, Iowa, be and the
same is hereby approved, and the
Mayor and City Clerk are hereby au-
thorlzed and directed ~o endorse the
approval of the City of Dubuque, lows,
upon said plat
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Petition of Para Jocham, WRK
Board Member, requesting City re-
erect signs along City's right-of-way
along Cedar Cross Road concerning di-
rections to Women's Recreation Asso-
ciation lacated, presented and read.
Council Member Felderman moved
that the petition be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bets Brady, Ferrell, Feiderman, Pratt.
Nays--None.
Elaine Kelly, Pres. of the WRA,
spoke to the petition~ requesting the
Council approve the location of signs
already purchased on City's right-of-
way, as all efforts to lecate these signs
on private property have not met with
great success and the WRA brings in
many tourists to the City, and needs
further direction to its premises.
Council Member Brady moved that
City Staff be instructed to install two
authorized signs not to exceed 18" x
18" on City property giving direction
to WRA. Seconded by Council Mem-
bet Farrell. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of David S. Hartig
advising of placing City of notice con-
cerning Inland Molasses Co., pre-
sented and read.
Council Member Felderman moved
that the communication be received
and filed and referred to Corp. Counsel
and staff to see ff action is being taken
to alleviate the odor problem. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Mgr. recom-
mending the entering into of a Memor-
andum of Agreement with Dubuque-
Special Session, July 20, 1981
293
In-Futuro, Inc. for issuance of Indus-
trial Revenue Bonds, presented and
read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 215-81
A Resolution Authorizing the Execu-
tion of a Memorandum of Agreement
by and Between the City of Dubuque,
Iowa and Dubuque-In-Futuro, Inc.,
Regarding the Dubuque Industrial
Center.
WHEREAS, the City of Dubuque,
Iowa (the "City"), an incorporated mu-
nicipality, has heretofore obtained a
grant of $932,000 (the "HUD Grant")
from the Department of Housing and
Urban Development ("HUD") for the
acquisition of certain land located
within the corporate boundaries of the
City as the site for an industrial park
known and referred to as the Dubuque
Industrial Center (the "Project"l; and
WHEREAS, the City and Dubuque-
In-Futuro, Inc., an Iowa non-profit
corporation (the "Corporation"), have
heretofore obtained a grant of
$1,500,000 (the "EDA Grant") from
the Economic Development Adminis-
tration, U.S. Department of Com-
merce ("EDA"), for the construction
of certain improvements constituting
a part of the Project (the HUD Grant
and the EDA Grant being hereinafter
referred to as the "Federal Grants");
and
WHEREAS, the HUD Grant has
been heretofore used for the purpose of
acquiring said site for the Project and
no other funds of the City have been
used for such purpose, and the EDA
Grant has been or will be used solely
for the purpose for which obtained;
and
WHEREAS, the City is authorized
by the laws of the State of Iowa, and
specifically Chapter 419 of the Code of
Iowa, 1981, as amended (the "Act"), to
issue revenue bonds for the purpose of
defraying the cost of any land, build-
ings or improvements suitable for cer-
tain specified purposes, including the
use of any industry for the manufac-
turing, processing or assembling of
any agricultural or manufactured pro-
ducts, or of any commercial enterprise
engaged in storing, warehousing or
distributing products of agriculture,
mining or industry; and
WHEREAS, so as to accomplish the
purposes of the Act, the City proposes
to issue one or more issues of industrl-
al development revenue bonds pursu-
ant to the provisions of the Act as
then in effect to finance the cost of cer-
tain other improvements constituting
a part of the Project, and to sell or
lease its interest in the Project to the
Corporation, to be used by the Corpor-
ation for sale, lease or sublease to
others solely and only for purposes
which are authorized by the Act and in
accordance with the terms and condi-
tions of the Federal Grants; and
WHEREAS, it is deemed necessary
and advisable, to accomplish the pur-
poses of the Act, that the Project be
undertaken at the earliest practicable
date, and the Corporation has re-
quested satisfactory assurances from
the City that the proceeds of the sale
of one or more issues of industrial de-
velopment revenue bonds of the City
in an aggregate amount not to exceed
$1,000,000 will be made available pur-
suant to the Act to finance costs of the
Project not paid or to be paid from the
Federal Grants; and
WHEREAS, the City deems it ne~
essary and advisable that it take such
actions as may be required under the
Act as then in effect to authorize and
issue one or more issues of industrial
development revenue bonds in an ag-
gregate amount not to exceod
$1,000,000 to finance such costs of the
Project; and
WHEREAS, no portion of the Pro-
ject was acquired by the City by con-
demnation through eminent domain,
and all of the land constituting the site
for the Project was specifically ac-
quired by the City for the development
of the Project; and
WHEREAS, a form of agreement
designated as a "Memorandum of
Agreement," has been prepared under
which the Corporation has stated its
willingness to undertake the acqnisi-
tion, construction and improvement of
the Project and to enter into a lease,
sale contract or loan agreement with
the City with respect to the Project,
under which the Corporation will be
obligated (directly or through its
notes, debentures, bonds or other se-
cured or unsecured debt obligations
executed and delivered to evidence or
secure its obligations thereunder) to
294
Special Session, July 20, 1981
make periodic payments sufficient to
pay the principal of, interest on and re-
demption premium, if any, on the
bonds as and when the same shall ha-
come due and payable, and, if neces-
sary to vest title to the Project in the
Corporation, the Corporation shall be
obligated and entitled to purchase the
interest, if any, of the City in the Pro-
ject for an additional nominal amount,
and such lease, contract or agreement
shall contain such other provisions as
may be required by the Act a.s.then in
effect and such other prowsions as
shall be mutually acceptable to the
City and the Corporation;
NOW, THEREFORE, Be It Re-
solved by the City of Dubuque, Iowa
as follows:
Section 1. That in order to insure the
acquisitio~ construction and improve-
ment of the project in the City with the
resulting public benefits which will
flow therefrom, it is deemed necessary
and advisable that industrial develop-
ment revenue bonds be issued in an ag-
gregato amount not to exceed
$1,000,000 to finance costs of the pro-
jee~ as referred to in the preamble
hereof, and that the Memorandum Of
Agreement hereinafter referred W be
approved and executed for and on
behalf of the City.
Section 2. That the Memorandum of
Agreement by and between the Corpom
etlon and the City, substantially in the
form and with the contents set forth in
Exhibit A attached hereto, be and the
same is hereby approved and author~
ized.
Section 3. That the Mayor is hereby
authorized and directed to execute,
and the City Clerk is hereby authorized
to attest and to affix the seal of the
City to, the Memorandum of Agree-
ment substantially in the form and
with the contents set forth in Exhibit
A attached hereto.
Section 4. That the City will issue
and sell industrial development rev~
hue bonds in an aggregate amount not
to exceed $1,000,000 to finance costs of
the Projeeg as referred to in the pre-
amble hereof, subject to the execuHon
of the Memorandum of Agreement
herein authorized and upon the eondi,
tlons specified in the Memorandum of
Agreement.
Section 5. That all resolutions and
parts thereof in conflict herewith are
l~reby repealed to the extent of such
eonfliet.
Adopted July 20, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
EXHIBIT A
Memorandum of Agreement
THIS MEMORANDUM OF
AGREEMENT is between the City of
Dubuque, Iowa, an incorporated muni-
cipality, party of the first part (here-
inafter referred to as the "City"), and
Dubuque~In-Futuro, Inc., an Iowa
non-profit corporation (the "Corpora-
tion"), party of the second part;
1. Preliminary Statement. Among
the matters of mutual inducement
which have resulted in the execution of
this agreement are the following:
(a) The City has heretofore obtained
a grant of $932,000 [the "HUD
Grant") from the Department of Hous-
ing and Urban Development ("HUD")
for the acquisition of certain land lo.
cated within the corporate boundaries
of the City as the site for an industrial
park known and referred to as the Du-
buque Industrial Center (the "Pro-
jeet").
(b) The City and the Corporation
have heretofore obtained a grant of
$1,500,000 (the "EDA Grant") from
the Economic Development Adminis-
tration, U. S. Department of Com-
merce I"EDA'), for the construction
of certain improvements constituting
a part of the Project Ithe HUD Grant
and the EDA Grant being hereinafter
referred to as the "Federal Grants").
lc) The HUD Grant has been hereto-
fore used for the purpose of acquiring
said site for the Project and no other
funds of the City have been used for
such purpose, and the EDA Grant has
been or will be used solely for the pur-
pose for which obtained.
Id) The City is authorized by the
laws of the State of Iowa, and specifi-
cally Chapter 419 of the Code of Iowa,
1981, as amended (the "Act"), to issue
revenue bonds for the purpose of de-
fraying the cost of eny l~nd, buildings
or improvements suitable for certain
specified purposes, includifig the use
of any industry for the manufacturing,
processing or assembling of any agri-
cultural or manufactured products, or
of any commercial enterprise engaged
in storing, warehousing or distributing
products of agriculture, mining or in-
dustry.
(e) So as to accomplish the purpose
of the Act, the City prq~osee to issue
one or more issues of industrial devel-
opment revenue bonds in en aggregate
Special Session, July 20, 1981
295
amount not to exceed $1,000,000 pur-
suant to the provisions of the Act as
then in effect to finance the cost of cer-
tain improvements constituting a part
of the Project and to sell or lease its in-
terest in the Project to the Corpor-
ation, to be used by the Corporation
for sale, lease or sublease to others
solely and only for purposes which ar~
authorized by the Act and in accor-
dance with the terms and conditions of
the Federal Grants.
(f) The City will enter into a lease
sale agreement or loan agreement with
the Corporation with respect to the
Project pursuant to the provisions of
the Act as then in effect (any of the
foregoing being referred to herein as
an "Agreement").
(g) It is deemed necessary and ad-
visable, to accomplish the purposes of
the Act, that the Project be under-
taken at the earliest practicable date
and the Corporation has requested sat-
isfactory assurances from the City
that the proceeds of the sale of one or
more issues of industrial development
revenue bonds of the City in an aggre-
gate amount not to exceed $1,000,000
will be made available pursuant to the
Act to finance costs of the Project not
paid or to be paid from the Federal
Grants.
(h) Representatives of the City have
indicated the willingness of the City to
proceed with and effect such financing
and have advised the Corporation
that, subject to due compliance with
all requirements of law and the obtain-
ing of ali necessary consents and ap-
provals and to the happening of all
acts, conditions and things required
precedent to such financing, the City
by virtue of the Act or such other sta-
tutory authority as may now or here-
after be conferred, will issue and sell
one or more issues of its industrial de-
vohipment revenue bonds in an aggre-
gate amount not to exceed $1,000,000
to finance such costs of the Project.
2. Undertakings on the P~rt of the
City. Subject to the conditions above
stated, the City agrees as follows:
(a) That it will authorize, or cause to
be authorized, the issuance and sale of
one or more issues of its industrial
velopment revenue bonds in an aggre-
gate principal amount not to exceed
$1,000,000 to finance costs of the Pro-
ject.
(b) That it will adopt, or cause to be
adopted, such proceedings and author-
ize and direct the execution of such
documents and take, or cause to be
taken, such actions as may be neces-
sary or advisable to effect the authori-
zation, issuance and sale of the bonds
and the sale or lease of the Project to
the Corporation, as aforesaid, and the
entering into and performance of an
Agreement with the Company with
respect to the Project, all as then shall
be authorized by law and mutually sat-
isfactory to the City and the Corpora-
tion.
(c) That the aggregate periodic pay-
ments to be used to pay the principal
of, and interest and premium, if any,
on the bonds payable under the Agree-
ment by the Corporation (directly or
through notes, debentures, bonds or
other secured or unsecured debt obit-
gations of the Corporation executed
and delivered to evidence or secure its
obligations thereunder), shall be such
sums as shall be sufficient to pay the
principal of and interest and redemp-
tion premium, if any, on the bonds as
and when the same shall become due
and payable, and such Agreement
shall contain such other provisions as
shall be mutually acceptable to the
City and the Corporation and such
other provisions as are required by the
Act.
(b) That it will use, or cause to be
used, the funds provided by the EDA
Grant for the purpose of constructing
improvements constituting a part of
the Project in accordance with the
EDA Grant.
(c) That it will take or cause to be
taken such other acts and adopt such
further proceedings as may be re-
quired to implement the aforesaid
undertakings or as it may deem appro-
priate in pursuance thereof.
3. Undertakings on the Pa~t of the
Corporation. Subject to the conditions
above stated, the Corporation agrees
as follows:
(a) That it will use ell reasonable ef-
forts to find one or more purchasers
for the Bonds,
(b) That it will enter into a contract
or contracts for the acquisition, con-
struction and improvement of the Pro-
J~i~"~ That contemporaneously with the
delivery of the bonds it will enter an
Agreement with the City, under the
terms of which the C~rpecation will
obligate itself to pay (directly or
through its notes, debentures, bonds
or other secured or unsecured debt ob-
ligatlons'executed and delivered to evi-
dence or secure its obligations there-
under) sums sufficient in the aggre-
gate to pay the principal of and inter-
est and redemption premium, if any,
on the bonds as and when the same
shall become due and payable, and
Special Session, Jnly 20, 1981
such Agreement shall contain such
other provisions as shall be mutually
acceptable to the City and the Corpor-
atlon and such other provisions as are
required by the Act.
(d) That each and every sale, lease or
sublease of any portion of the Project
by the Corporation to others will be
upon terms which ensure use for a pur-
pose or purposes authorized by the
Act and will comply with the appli-
cable terms and provisions, if any, of
the Federal Grants.
(e) That it will use, or cause to be
used, the funds made available
through the EDA Grant for the pur-
pose of constructing improvements
constituting a part of the Project in ac-
cordance with the EDA Grant.
If) That it will take such further ac-
tion and adopt such further proceed-
ings as may be required to implement
its aforesaid undertakings or as it may
deem appropriate in pursuance there-
of.
4. General Provisions.
(a) AH commitments of the City
under paragraph 2 hereof and of the
Corporation under paragraph 3 hereof
are subject to the conditions that on or
before one year from the date hereof
(or such other date as shall be mutual~
ly satisfactory to the City and the Cor-
poration) (i) the City and the Corpora-
tion shah have agreed to mutually ac-
ceptable terms for the bonds and of
the sale and delivery thereof and mu-
tually acceptable terms and conditions
of the Agreement referred to in para-
graph 3, (ii) the City's interest in the
Project shall have been sold or leased
to the Corporation upon mutually
agreeable terms and conditions, (ill)
the proceedings referred to in para-
graphs 2 and 3 hereof shall have been
taken, and (iv) all regulatory or other
governmental approvals requisite to
the execution of such documents and
the issuance and sale of the bonds and
the sale or lease of the City's interest
in the Project to the Corporation, shah
have been obtained.
(b) If the events set forth in (a) of
this paragraph do not take place with-
in the time set forth or any extensions
thereof and the bonds are not sold
within such time the Corporation will
reimburse the City for aH reasonable
and necessary direct out-of~pocket ex-
penses which the City may incur at the
Corporation's request arising from the
execution of this Memorandum of
Agreement and the performance by
the City of its obligations hereunder,
and this Memorandum of Agreement
shall thereupon terminate.
(c) This Memorandum of Agreement,
the documents providing for the sale
or lease of the City's interest in the
Project to the Corporation, and the
documents providing for the sale, lease
or sublease by the Corporation to
others of all or any part of the Project
shall be presented to HUD and/or
~DA for its or their approval, if re-
quired.
Id) The City and the Corporation
shall be entitled to rely upon an opi-
nlon of Messrs. Chapman and Cutler of
Chicago, Illinois, Bond Counsel, t~ the
effect that the proposed use by a
lessee, sublessee or purchaser of any
part of the Project from the Corpora-
tion will be for a purpose or purposes
authorized by the Act and that all con-
sente and approvals from HUD and
EDA whicli are required in connection
therewith, if any, have been obtained.
IN WITNESS WHEREOF, the par-
ties hexete have entered into this
Memorandum of Agreement by their
officers thereunto duly authorized as
of the 20th day of July, 1981.
City of Dubuque, Iowa
By D. Michael King
Mayor
(Seal)
ATTEST:
Mary A. Davis
City Clerk
Dubuque-In-Futuro, Inc.
By John L. Felderman
(Seal) President
(none)
ATTEST:
Robert W. Runde, V.P.
Secretary
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of Corporation
Counsel advising of outcome of the ap-
peal to the 8th Circuit Court relative
to the pending Model Drug Parapher-
nalia, presented and read.
Council Member Feideeman moved
, that the communication be received
and filed. Seconded by Council Mem-
ber Farreii. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 41-81
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
Special Session, July 20, 1981
THAT THE CODE OF ORDINANC-
ES, CITY OF DUBUQUE, IOWA, BE
AMENDED BY INSTITUTING A
NEW ARTICLE IN CHAPTER 26,
SAID ARTICLE TO BE NUM-
BERED ARTICLE VIII-DRUG PAR-
APHERNALIA, PROHIBITING
THE USE, DELIVERY, OR POSSES-
SION WITH INTENT TO USE OR
DELIVER DRUG PARAPHER.
NALIA OR ADVERTISEMENT OF
DRUG PARAPHERNALIA, said Or-
dinance having been presented and
read at the Council Meetings of Nov.
17, 1980, Dec. 8, 1980. Dec. 22, 1980
February 2, 198I, presented for final
adoption.
ORDINANCE NO. 41-81
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, PROVID-
ING THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY INSTI-
TUTING A NEW ARTICLE IN
CHAPTER 26, SAID ARTICLE TO
BE NUMBERED ARTICLE VIII-
DRUG PARAPHERNALIA, PRO-
HIBITING THE USE, DELIVERY,
OR POSSESSION WITH INTENT
TO USE OR DELIVER DRUG
PARAPHERNALIA OR THE
ADVERTISEMENT OF DRUG
PARAPHERNALIA.
Section 1. That Chapter 26 of the
Cede of Ordinances of the City of
Dubuque, Iowa, be amended by adding
a new article as Article VIII-Drug
Paraphernalia, to read as follows:
Chapter 26
Article VIII. Drug Paraphernalia
Section 26-164. Definitions.
The term "drug paraphernalia"
means all equipment, products and
materials of any kind which are used,
intended for use, or designed for use, in
planting, propagating, cultivating,
growing, harvesting, manufacturing,
compounding, converting, producing,
processing, preparing, testing, analyz-
lng, packaging, repackaging, storing,
containing, concealing, injecting,
ingesting, inhaling, or otherwise intro-
ducing into the human body a con-
trolled substance in violation of the
Uniform Controlled Substances Act. It
includes, but is not lhnited to:
(1) Kits used, intended for use, or
designed for use in planting, propa-
gating, cultivating, growing or hat-
vesting of any species of plant which
is a controlled substance or from
which a controlled substance can be
derived.
(2) Kits used, intended for use, or
designed for use in manufacturing,
compounding, converting, producing,
processing, or preparing controlled
297
substances;
(3) Isomerization devices used,
intended for use, or designed for use
in increasing tlie potency of any spe-
cies of plant which is a controlled
substance;
(4) Testing equipment used, intended
tbr use, or designed for use in identi-
lying or in analyzing the strength,
eftbctiveness or purity of controlled
substances;
(5) Scales and balances used,
intended for use, or designed for use
in weighing or measuring controlled
substances;
(6) Diluents and adulterants, such as
quinine hydrochinride, mannitol,
mannite, dextrose or lactose, used,
intended for use, or designed for use
in cutting controlled substances;
(7) Separating gins and sifters used,
intended for use, or designed for use
in removing twigs and seeds from, or
in otherwise cleaning or relining mar-
ijuana;
(8) Blenders, bowls, containers,
spoons and mixing devices used,
intended for use, or designed for use
in compounding controlled sub-
stances;
(9) Capsules, balloons, envelopes and
otlier containers used, or designed for
use in packaging small quantities of
controlled substances;
(10) Containers and other objects
used, intended for use, or designed for
use in storing or concealing con-
trolled substances;
(11) Hypodermic syringes, needles
and other objects used, intended for
use, or designed for use in paren-
teraiiy injected controlled substances
into ti~e human body;
(12) Objects used, intended for use, or
designed for use in ingesting, inhal-
ing, or otherwise introducing marl-
juana, cocaine, hashish, or hashish oil
into the human body, such as:
(a) metal, wooden, acrylic, glass,
stone, plastic, or ceramic pipes with
or without screens, permanent
screens, hashish heads, or punctured
metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion
masks;
(e) Roach clips; meaning objects
used to hold burning materials. Such
as a marijuana cigarette, that has
become too small or too short to be
held in the hand;
(f) Miniature cocaine spoons and
cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
298
Special Session, July 20,1~81
(j) Ah'-driven pipes;
(k) Cbillums;
(1) Bongs;
(m) Ice pipes or chillers;
In determining whether an object is
drng paraphernalia for the purpose of
enforcing this article, the following
factors should be considered in addi-
tion to all logically relevant factors:
(1) Statements by an owner or by
anyone in coni~ol of the object con-
c~rning its use;
(2) Prior convictions, if any, of an
owner, or of anyone in control of the
object under any State or Federal
law relating to any controlled sub-
stance;
(3) The proximity of the object, in
time and space, to a direct violation
of the Uniform Controlled Sub-
stances Act;
(4) The proximity of the object to
controlled substances;
(5) The existence of any residue of
controlled substances on the object;
(8) Direct or circumstantial evidence
of the intent of an owner or of any-
one in control of the object, to
deliver it to persons whom he knows,
or should reasonably know, intend to
use the object to facilitate a violation
of the Uniform Controlled Sub-
stances Act; the innocence of an
owner, or of anyone in control of the
object, as to a direct violation of the
Uniformed Controlled Substances
Act should not prevent a finding that
the object is intended for use, or
designed for use as drug parapherna-
lia;
(7) Instructions, oral or written, pro-
vided with the object concerning its
use;
{8) Descriptive materials accompan-
ying the object which explain or
depict its use;
(9) National and local advertising
concerning its use;
(10) The manner in which the object
is displayed for sale;
(11) Whether the owner, or anyone in
control of the object, is a legitimate
supplier of Ilks or related items to the
community, such as a licensed dis-
tributor or dealer of tobacco pro-
ducts;
(12) Direct or circumstential evidence
of the ratio of sales of the object(s)
to the total sales of the business
enterprises.;
(13) The existence and scope of legiti-
mate uses for the object in the com-
munity;
(14) Exper~ testimony concerning its
Section 28-165. Prohibited Acts.
Scrod- tion (A) (Possession of Drug
Paraphernalia)
No person shall use or possess with
intent to use drug paraphernalia to
pliant, propagate, cultivate, grow, har-
vest, manufacture, compound, convert,
produce, process, prepare, test, analyze,
pack, repack, stere, contain, conceal,
inject, ingest, inhale, or otherwise
introduce into the human body a con-
trolled substance in violation of the
Uniform Controlled Substances Act.
Any person who violates this section is
guilty of a misdemeanor and upon
conviction may be imprisoned for not
more titan thirty days (30) or fined not
more than one hundred dollars
($100.00).
Section (B) (Manufacture or Deli-
very of Drug Paraphernalia)
No person shall deliver, possess with
intent to deliver, or manufacture with
intent to deliver, drug paraphernalia,
knowing, or under circumstances where
one reasonably should know, that it
will be used to plant, propagate, cul-
tivate, grow, harvest, manufacture,
compound, convert, produce, process,
prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the
human body a controlled substance in
violation of the Uniform Controlled
Substances Act. Any person who vio-
lates this section is guilty of a misde-
meanor and upon conviction may be
imptisoned for not more than thirty
days (30) or fined not more than one
hundred dollars ($100.00).
Section (C) (Advertisement of Drug
Paraphenaba)
No person shall place or accept for
placemment in any newspaper, maga-
zine, handbill, or other publication,
any advertisement, knowing, or under
circumstances where one reasonably
should know, that the purpose of the
advertisement, in whole or hi part, is
to promote the sale of objects designed
or intended for use as drug parapher-
nalia. Any person who violates this
section is guilty of a misdemeanor and
upon conviction may be imprisoned for
not more than thirty days (30) or fined
not more than one hundred dollars
(SI00.00).
Passed, approved, and adopted this
20th day of July, 1981.
MAYOR D. Michael King
ATTEST:
Mary A. Davis CITY CLERK
Published officially in the Telegraph
Herald newspaper this 24th day of
July, 1981.
Mary A. Davis
City Clerk
It 7/24
Special Session, July 20, 1981
299
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Communication of City Manager ad-
vising of completion of construction of
Public Library, presented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
(A Resolution
Accepting Improvement)
RESOLUTION NO. 216-81
WHEREAS, the contract for the
Library Facility Expansion, Carnegie-
Stout Library has been completed and
the City Manager has examined the
work and filed his certificate stating
that the same has been completed ac-
cording to the terms of the contract,
plans and specifications and recom-
mends its acceptance;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the re-
commendation of the City Manager be
approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED
that the City Treasurer be and he is
hereby directed to pay to the contrac-
tor from the funds to be realized from
the sale of General Obligation Bonds
issued upon tho above described im-
provement in amount equal to the
amount of his contract, less any re-
tained percentage provided for there-
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt,
Nays--None.
Final Estimate
RESOLUTION NO. 217-81
WHEREAS, the contract for the Li-
brary Facility Expansion, Carnegie-
Stout Library has been completed and
the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices
and inspection;
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Dubuque, Iowa:
Section L That the cost of said im-
provement is hereby determined to be
$2,395,038.00 and that $2,395,038.00 of
the cost thereof shall be paid from the
sale of General Obligation Bonds of the
C~ty of Dubuque, Iowa.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Farrell moved
adoption of the Resolution. Seconded
by Council Member Felderman. Car-
ried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Communication of City Mgr. re-
questing Mayor be authorized to exe-
cute a Purchase of Service Agreement
with Phone-A-Friend for FY beginning
7-1-81 covering Information and Refer-
ral Service, presented and read.
Council Member Farrell moved that
the communication be received and
filed and authorization approved.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Farrell, Felderman, Pratt.
Nays--Council Member Brady.
Communication of City Mgr. sub-
mitring Resolution confirming that
Eska Co. has complied with terms and
conditions imposed upon them in the
purchase of certain land from the City,
presented and read.
Council Member Pratt moved that
the communication be received and
filed. Seconded by Council Member
Farreli. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 218-81
WHEREAS, the City Council of the
City of Dubuque, Iowa adopted Reso-
lution No, 142-71 on May 24, 1971
(which Resolution was later filed with
the Dubuque County Recorder on May
25, 1971 in Book 25 at Pages 590 and
591) authorizing the use of the follow-
ing described real property by The
3OO
Eska Company for its expansion on or
before March 2, 1975:
Lot Three (3) of Lot One Il) of Block
Five 15) in River Front Subdivision
No. 3 in the City of Dubuque, Iowa,
according to the recorded plats
thereof, subject to easements of
record
on condition that such expansion com-
mence and be completed as set forth in
such Resolution; and
WHEREAS, The Esha Company
has complied with all of the texms and
conditions contained in the aforesaid
Besolultion No. 142-71 adopted by the
City Council of the City of Dubuque,
Iowa; and
WHEREAS, confirmation of compli-
ance with the aforesaid terms and con-
ditions is necessary in order to remove
any cloud on the title to the aforesaid
described real property,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City Council of the
City of Dubuque, Iowa finds that The
Eska Company has complied with all
of the terms and conditions contained
in Resolution No. 142-71 approved and
adopted by the City Council of the City
of Dubuque, Iowa on May 24, 1971 and
that the City Clerk be and she is here-
by authorized and directed to record a
certified copy of this Resolution in the
office of the Dubuque County Re-
corder.
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carrled by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Mgr. re-
questing authorization for Mayor to
execute a Purchase of Services Agree-
ment with Chamber of Commerce for
FY '82 beginning July 1, 1981 cover-
ing the City s financial participation in
the Chamber's Convention and Visitor
Council, presented and read.
Council Member Pratt moved that
the communication be received and
filed and authorized the expendi-
Special Session, July 20, 1981
ture. Seconded by Council Member
Felderman. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bets Brady, Farreil, Felderman, Pratt.
Nays--None.
BOARDS AND COMMISSIONS:
Board of Appeals IBuilding Code):
Council Member Felderman moved to
reappoint Gerald Guy and Donald
Schroeder for a three year term to ex~
pire 12-31-82, and Lesley Stephens to
an unexpired term to expire 12-31-82.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Civic Center Commission: Council
Member Pratt nominate~ Francis
Henkels. Seconded by Couficfl Mem-
ber Farrell.
Council Member Pratt nominated
David Bounett, Seconded by Council
Member Farreil.
Council Member Pratt nominated
Louise Wailer. Seconded by Council
Member Farreil.
Council Member Felderman nomi-
nated R. II. Wahlert. Seconded by
Council Member Farrell.
Council Member Brady nominated
David Fyten. Seconded by Council
Member Farroil.
Council Member Brady nominated
Rhonda Kronfeldt. SecOnded by Court-
cil Member Pratt.
Vote on the nominations was as fol-
lows:
Francis Henkels: Yeas--Mayor
King, Council Members Felderman,
Pratt. Nays--Council Members Brady,
Farreil.
David Bennett: Yeas--Mayor King,
Council Members Brady, Farrell, FCI-
derman, Pratt.
Louise Wailer: Yeas--Mayor King,
Council Members Farrell, Felderman,
Pratt. Nays--Council Member Brady.
R.H. Wahlert: Yeas--Mayor King,
Council Members King, Felderman,
Pratt. Nays--Council Members Brady,
Farreil.
Therefore, Francis Henkeiz, David
Bennett and Louise Waller appointed
to a two-year term on the Civic Center
Commission which will expire 6-29-83,
and R. H. Wahlert appointed to an un-
expired term which will expire 6-29-82.
Community Development Commis-
Council Member Farreil nominated
MelRa A. Smith. Seconded by Council
Special Session, July 20, 1981
301
Member Pratt.
Council Member Farreil nominated
Stan Hinke. Seconded by Council
Member Felderman.
Vote on the nomination was as fol-
lows:
Mellta A. Smith: Yeas--Mayor
King, Council Members Brady, Far-
tell, Fciderman, Pratt. Nays--None.
MelJta A. Smith therefore appointed
to the Community Development Com-
mission for an unexpired term to ex-
pire 11-8-82.
Historic Preservation Commission:
Council Member Pratt nominated
Paul Rossiter. Seconded by Council
Member Farrell.
Council Member Brady nominated
Rhonda Kronfeldt. Seconded by Coun-
cll Member Felderman.
Council Member Felderman nomi-
nated Rick Beecher. Seconded by
Council Member Felderman.
Council Member Farreil nominate~
Maxine Griep. Seconded by Council
Member Felderman.
Council Member Pratt nominated
Janice Zenner. Seconded by Council
Member Felderman.
Council Member Pratt nominated
George Biasi. Seconded by Council
Member Pratt.
Vote on the nominations was as fol-
lows:
Paul Rossiter: Yeas--Mayor King,
Council Members Brady, Farreil, Fel-
derman, Pratt.
Rhonda Kronfeldt: Yeas--Council
Member Brady, Nays--Mayor King,
Council Members Farreil, Felderman,
Pratt. MOTION FAILED.
Rick Beecher: Yeas--Mayor King,
Council Members Farrell, Pratt.
Nays--Council Members Brady, Fel-
derman.
Maxine Griep: Yeas--Council Mem-
bet Farreil. Nays--Mayor King, Coun-
cfi Members Brady, Pratt, Felderman.
Janice Zenner: Yeas--Mayor King,
Council Members Farreil, Felderman,
Pratt. Nays--Council Member Brady.
Therefore Paul Rossiter, Rick Beech-
er and Janice Zenner reappointed to
three year terms to expire 6-29-84.
Human Rights Commission:
Council Member Brady nominated
Marianne Kessler. Seconded by Coun-
cil Member Felderman.
Vote on the motion was as follows:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Therefore, Marianne Kessler ap-
pointed to an unexpired term which
will expire 1-1,84. Library Board:
Council Member Felderman nomi-
nated Dolores Kent. Seconded by
Council Member Farrell.
Council Member Farreil nominated
Joan Higley. Seconded by Council
Member Pratt.
Council Member Pratt nominated
Robert Mattox. Seconded by Council
Member Felderman.
Council Member Brady nominated
Catherine Seitz. Seconded by Council
Member Farren.
Council Member Farreil nominated
Marilyn McDonald. Seconded by
Council Member Pratt.
Vote on the nominations was as fol-
lows:
Dolores Kent: Yeas--Mayor King,
Council Members Farreil, Fciderman,
Pratt. Nays--Council Member Brady.
Joan Higley: Yeas--Mayor King,
Council Members Farreil, Felderman,
Pratt. Nays--Council Member Brady.
Robert Martex: Yeas--Mayor King,
Council Members Felderman, Pratt.
Nays--Council Members Brady, Far-
Therefore, Dolores Kent, Joan Hig-
ley and Robert Martex appointed to
six year terms to expire 7-1-87.
Playground & Recreation Commla-
Council Member Farreil nominated
Patricia Kucera. Seconded by Council
Member Felderman.
Council Member Pratt nominated
Chip Murray. Seconded by Council
Member Felderman.
Council Member Brady nominated
Harry Bemls. Seconded by Council
Member Pratt.
Council Member Felderman nomi-
nated Mike Buelow. Seconded by
Council Member Pratt.
Council Member Farreil nominated
Phil Wagner. Seconded by Council
Member Pratt.
Council Member Pratt nominated
Floyd Berendes. Seconded by Council
Member Felderman.
Vote on the nominations was as fol-
lows:
Patricia Kucera: Yeas--Council
Members Farreil, Felderman, Pratt.
Nays--Mayor King, Council Member
Brady.
F. Chip Murray: Yeas--Mayor King,
Council Members Brady, Farrell, Fel-
derman, Pratt. Nays--Noue.
Harry Bemis: Yeas--Council Mem-
302
Special Session, July 20,1981
bet Brady. Nays--Mayor King, Coun-
cil Members Farrell, Felderman, Pratt.
Michael Buelow: Yeas--Mayor King,
Council Members Brady, Felderwan,
Pratt. Nays--Council Member Farrell.
philip Wagner: Yeas--Mayor King,
Council Members Farrell, Felderman,
Pratt. Nays--Council Member Brady.
Therefore, Patricia Kucera and F.
Chip Murray appointed to three year
terms to expire 7-5-84 and Michael J.
Buelow and philip Wagner appointed
to unexpired terms expiring 7-5-82.
Planning and Zoning Commission:
Council Member Pratt nominated
Katie Krieg. Seconded by Council
Member Farrell.
Council Member Brady nominated
Kerin Moldenhauer. Seconded by
Council Member Felderman.
Vote on the motions was as follows:
Katie Krieg: Yeas--Mayor King,
Council Members Farreli, Pratt.
Nays--Council Members Brady, Fel-
derman.
Katie Krieg therefore nominated to
the Planning and Zoning Commission
for a three year term to expire 5-24-84.
Plumbing Board:
Council Member Farrell nominated
Hugh Clark. Seconded by Council
Member Pratt. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Therefore, Hugh Clark appointed to
the Plumbing Board for an unexpired
term to expire 11-2-82.
Transit Board of Trustees:
Council Member Felderman nomi-
nated Walter Pregler. Seconded by
Council Member Pratt.
Council Member Farrell nominated
R. Thomas Quick. Seconded by Coun-
cil Member Pratt. Vote on the motions
was as follows:
Pregler: Yeas--Mayor King, Council
Members Brady, Farreil, Felderman,
Pratt. Nays--None.
Quick: Yeas--Mayor King, Council
Members Brady, Farreli, Felderman,
Pratt. Nays--None.
Therefore Walter Pregier appointed
to the Transit Board for a three year
term to expire 7-30-84 and R. Thomas
Quick appointed to an unexpired term
to expire 7-30-82.
TV Cable Commission:
Council Member Farrell nominated
Rex Reynolds. Seconded by Council
Member Pratt.
Council Member Pratt nominated
Gary Emenitove. Seconded by Council
Member Felderman.
Council Member Brady nominated
Jim Renier. Seconded by Council
Member Farrell.
Member Pratt nominated
Charles Ellis. Seconded by Council
Member Felderman.
Council Member Farrell nominated
Rhea Sandven. Seconded by Council
Member Brady.
Council Member Pratt nominated
Mark Willging. Seconded by Council
Member Felderman.
Council Member Brady nominated
Doug Hilby. Seconded by Council
Member Pratt.
Vote on the nominations was as fol-
lows:
Reynolds: Yeas--Mayor King, Coun-
cil Members Brady, Farrell, Felder-
man, Pratt. Nays--None.
Emenitove: Yeas--Mayor King,
Council Members Brady, Farrell, Fel-
derman, Pratt. Nays--None.
Renier: Yeas--Council Member
Brady. Nays--Mayor King, Council
Members Farrell Felderman, Pratt.
Ellis: Yeas--Mayor King, Council
Members Brady, Farrell, Felderman,
Pratt. Nays--None.
Sandven: Yeas--Mayor King, Coun-
cil Members Brady, Farreli, Felder-
man, Pratt~ Nays--None.
Willging: Yeas--Mayor King, Coun-
cil Members Brady, Farrell, Felder-
man, Pratt. Nays--None.
Therefore, Rex Reynolds, Gary
Emenitove, Charles Ellis, Rhea Sand-
ven, and Mark Willging appointed to a
three year term to the TV Cable Com-
mission which will expire 6-29-84.
RESOLUTION NO. 219-81
BE IT RESOLVED, By the City
Council 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 Cigarettes and Cigarette Papers
within said City.
Idle Hour 1555 Central
Noonan's Tap 1618 Central
Central Tap 1046 Central
passed, adopted and approved this
20th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion oI the Resolution. Seconded by
Special Session, July 20, 1981
303
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 220-81
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be is-
sued to the renewing named appli-
cants a Beer Permit.
CLASS "C" BEER PERMIT
Randali's International, Inc.
2013 Central
(Also Sunday Sales)
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
ATTEST: Mayor
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Feldarman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 221-81
WHEREAS, Applications for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved;
and
WHEREAS, The promises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rel-
evant thereto and they have filed pro-
per bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be is-
sued to the following named appli-
cants a Liquor License.
CLASS "B" (HOTEL MOTEL) BEER
AND LIQUOR LICENSE
Hoffman House Restaurants, Inc.
3100 Dodge St,
(Also Sunday Sales)
Passed, adopted and approved this
20th day of July, 1981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adop-
tion of the Resolution. Seconded by
Council Member Felderman. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
MINUTES SUBMITTED: Civil Ser-
vice Comm. of 6-24; Transit Bd. of
6-16; P & Z of 7-1; Bd. of Zoning Ad-
justment of 6-18 and 7-6; Cable TV of
7-7; Library Bd. of 6-16; presented and
read.
Council Member Felderman moved
that the Minutes be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
NOTICES OF CLAIMS, SUITS:
George R. Ibeling et ux, in amt. of
$247.78 for auto damages occurring on
May 17, 1981; Timothy G. Abresch, in
amt. of $46.00 for personal belongings
loss; Donna J. Hines, in amt. of $800
for car damages; Lloyd J. Pinemer, in
amt. of $250 for backed-up sewer dam-
ages; Wm. Gartner in undetermined
amt. for personal injuries received at
Dubuque Sanitary Landfill; Notice of
Mechanic's Lien No. 3363 Dennis M.
Flynn vs. City of Dubuque & Carnegie
Stout Public Library; Notice of Expir-
ation of Right of Redemption for tax
sale, presented and read.
Council Member Felderman moved
that the claims and suits etc. bo re-
ferred to the Corporation Counsel for
investigation and report. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
REFUNDS REQUESTED: Resur-
rection Men's Service Club, $225 on
unexpired Beer Permit, presented and
read.
Council Member Felderman moved
that the request be approved. Second-
ed by Council Member Pratt. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
304 Special Session, July 20, 1981
Communication of Terry Van Dyke,
Coordinator o£ Mayor's Summer
Youth Employment Program, submit,
ting report on Summer Placement
through July 14, 1981, presented and
read.
Council Member Felderman moved
that the communication be received
and riled. Seconded by Council Mem-
ber Pratt. Carried by the following
votoi
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt. Nays--None.
Mr. A1 Polsean, 3515 Crescent
Ridge, seated objections to the pro-
posed Crescent Ridge Sanitary Sewer
and also commented on the handi-
capped steps/landing on the Iowa St.
side of City Hail.
At 10:40 p.m. Council Member Pratt
moved to go into Closed Session to dis-
cuss pending litigatlon relative to the
Ambulance Suit. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt. Nays--None.
At 10:46 p.m. Council reconvened
regular Session.
Mayor King stated Corporation
Counsel had been given further direc-
tion regarding pending litigation in
the Ambulance Case.
There being no further business,
Council Member Felderman moved to
adjourn. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved . 1981
Adopted _ 1981
Council Members
ATTEST:
City Clerk
Special Session, July 29, 1981
305
CITY COUNCIL
OFFICIAL
Special Session, July 29, 1981.
Council met at 4:30 P.M. (C.D.T.)
Present--Mayor King, Council
Members Brady, Farrell, Felderman
Pratt. City Manager W. Kenneth
Gearhart, Corporation Counsel R. N.
Rusee.
Mayor King read the call and stated
that service thereof had been duly
made and this Meeting is called for the
purpose to consider AN ORDINANCE
GRANTING TELEPROMPTER INC.
A NON-EXCLUSIVE FRANCHISE
TO ERECT, MAINTAIN AND
OPERATE PLANTS AND SYS-
TEMS FOR A CABLE TELEVISION
WITHIN THE CITY OF DUBUQUE
FOR A TERM OF 20 YEARS and act-
ing upon such other business which
may properly come before the Council.
Proof of Publication, certified to by
the Publisher, of Notice of Public In-
formation Meeting held on July 25,
1981, pertaining to TV-FM Cable
Franchise, Petition of Tri-State Elec-
tronic Association requesting exact
contents of the proposed cable Iran-
chise before making any comments,
Teleprompter Corporation submitting
response to City's RFP dated 4-27-81,
received 4-29-81, Teleprompter Cor-
poration submitting draft franchise
sections dated 5-18-81 and received
5-19-81, City Manager requesting ad-
ditional information dated 5-22-81,
Teleprompter Corporation submitting
response to Manager's request for ad-
ditional information dated 6-15-18,
Teleprompter Corporation's revised
draft of franchise sections dated
7-9-81, Teleprompter's letter accepting
draft application and negotiated ordi-
nance and agreeing to September 8,
1981, election, presented and read.
Council Member Pratt moved that
the proof of publication, communica-
tions, petitions and responses be re-
ceived and filed. Seconded by Council
Member Farreil. Carried by the follow.
lng vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Mr. Rex Reynolds, negotiator for
City of Dubuque and Mr. Dan
Delaney, manager of Teleprompter in
Dubuque spoke to the Council and ad-
vised they were available to any quos-
tions anyone may have. Mr. Reynolds
gave his unqualified recommendation
for approval. Mr. Delaney was of opi-
nion this was a better franchise than if
competitive bidding had been allowed.
Mayor King expressed "Thanks"
and Appreciation to Mr. Gearhart, Mr.
Wittenberg, Cable Commission, Mr.
Reynolds and Mr. Delaney for fine job
done and work and effort put into the
project.
Mr. Reynolds thanked the Council
and Staff for the support given during
the negotiations.
ORDINANCE NO. 42-81
AN ORDINANCE GRANTING A
NON-EXCLUSIVE, REVOCABLE
FRANCHISE TO TELEPROMPTER
CORPORATION OF NEW YORK
FOR THE OPERATION OF A
CABLE SERVICES DELIVERY
SYSTEM IN THE CITY OF DUBU-
QUE, IOWA; PERMITTING THE
GRANTEE TO MAKE USE OF THE
PUBLIC STREETS AND WAYS,
SETTING THE DURATION OF
FRANCHISE TO BE TWENTY
YEARS, PROVIDING PROVISIONS
RELATING TO THE FOLLOWING:
GRANT OF FRANCHISE, SERVICE
AREA, SYSTEM DESIGN, STAN-
DARDS, LOCAL REGULATION,
SUBSCRIBER PROTECTIONS
AND MISCELLANEOUS PROVI-
SIGNS AND SETTING FORTH DE-
TAILS IN RELATION THERETO,
~resented and read.
Council Member Pratt moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Farreil. Carried
by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreli, Felderman, Pratt.
Nays--None.
Council Member Pratt moved that
the rule requiring an Ordinance to be
received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Farreli. Carried by
the following vote:
306
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Special Session, July 29, 1981
chise ordinance for pablic approval at
an election to be hq!d September 8,
1981;
ORDINANCE NO. 42-81
AN ORDINANCE GRANTING A
NON-EXCLUSIVE, REVOCABLE
FRANCHISE TO TELEPROMP-
TER CORPORATION OF NEW
YORK FOR THE OPERATION OF
A CABLE SERVICES DELIVERY
SYSTEM IN THE CITY OF
DUBUQUE, IOWA: PERMITTING
THE GRANTEE TO MAKE USE
OF THE PUBLIC STREETS AND
WAYS: SETTING THE DURA-
TION OF FRANCHISE TO BE
TWENTY (20) YEARS: PROVID-
ING PROVISIONS RELATING TO
THE FOLLOWING: GRANT OF
FRANCHISE, SERVICE AREA,
SYSTEM DESIGN, STANDARDS,
LOCAL REGULATION, SUB-
SCRIBER PROTECTIONS AND
MISCELLANEOUS PROVISIONS;
AND SETTING FORTH DETAILS
IN RELATION THERETO.
WHEREAS, Section 364.2.4 of the
CoVe of Iowa provides that a city may
grant a non-exclusive franchise to
erect, maintain and operate plants and
systems for cable television within the
city for a term of not more than
twenty-five years; and
WHEREAS, such franchise ~nay be
granted, amended, extended or ren-
ewed only by an ordinance, but no
exclusive franchise shall be granted,
amended, extendov or renewed; and
WHEREAS, no such ordinance shall
be effecU~ve unless approved at an elec-
tion requiring that a mojotity of those
voting must approve the proposal
before the City may proceed as pro-
posed; and
WHEREAS, the City of Dubuque
and Teleprompter Corporation of New
York have agreed to the terms of a
twenty (20) year, non-exclusive fran-
chise to be effective October 1, 1981, to
provide the City with a cable services
delivery system; and
WHEREAS, the City of Dubuque
and Teleprompter Corporation of New
York have agreed to submit this fran-
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa, after hav-
ing held public meetings and receiving
the favorable recommendation of the
City Manager and of the City Man-
ager's negotiating team, finds that the
ordinance as herain set forth should be
approved and should be adopted as it
erves the best interests of the inhabi-
ants of the City of Dubuque, Iowa.
TABLE OF CONTENTS
SECTION TITLE
I SHORT TITLE
2 INTENT
3.1 Definitions
3.2 Basic Subscriber Selwice
3.3 Cable Services Delivery
System
3.4 Channel
3.5 City
3.6 City Council
3.7 City Manager
3.8 Class I Television Channel
3.9 Class I (II, III, or IV)
Television Signal
3.10 Class II Television Channel
3.11 Class III Television Channel
3.12 Class IV Television Channel
3.13 Community programming
3.14 Community Programming
Agent
3.15 Connection or Recom~ectlon
3.16 Dedicated Channel or Loop
3.17 Disconnection
3.18 Dual Plant
3.19 FCC
3.20 Fee
3.21 Grantee
3.22 Grantor
3.23 Gross Revenues
3.24 Insta fiafion, Subscriber
3.25 Interconnection
3.26 Leased Channel
3.27 Local Origination
3.28 Loop
3.29 Monitoring
3.30 Outage
3.31 Pay Television Service
3.32 Rate
3.33 Regulatory Agent
3.34 State of the Art
3.35 Street
Special Session, July 29, 1981
307
3.36 Subcommunity
3.37 Subscriber
3.38 Subscriber, Commercial
3.39 Subscriber, Educatinnal
3.40 Subscriber, Institutional
3.41 Subscriber, Residential,
Multiple
3.42 Subscriber, Residential, Single
3.43 Tapping
FRANCHISE GRANT
4.1 Grant of Franchise
4.2 Accord
4.3 Assurance of Service
4.4 Non-transferability of
Franchise
4.5 Change in Control
4.6 Duration of Franchise
4.7 Extension or Renewal
4.8 Amendment
4.9 Waivers
4.10 RescisSion
4.11 Revocation
4.12 Grantor's Regulatory
ResponSibility
4.13 Protection of Grantee's
Property
4.14 Disposition Upon Termination
4.15 Removal of System
4.16 Time of the Essence
4.17 Deregulation
4.18 Right of Intervention
4.19 Jurisdiction
4.20 No Contest of Validity
SERVICE AREA
5.1 City Coverage
5.2 Annexed Areas
5.3 Extension of System
SYSTEM DESIGN
6.1 System Design
6.2 Interactive Two-Way Services
6.3 FM Radio Services
6.4 Televiaion Services
6.5 Interconnection Services
6.6 Subcommunity Services
6.7 Narrowcasting Services
6.8 Basic Services
6.9 Local Community
Programming Services
6.10 Local Origination Services
6.11 Leased Services
6.12 Pay Television Services
6.13 E~nergency Power and
Overide
6.14 Incorporation of AppficaU~on
6.15 Updating
STANDARDS
7.1 Performance Standards
7.2 ModificaU~on of Standards
7.3 Performance Measurements
7.4 Additional Tests and
Measurements
7.5 General Performance
Requirements
7.6 Class I and II Channel
Performance Requirements
7.7 Measurement Procedures
7.8 Method of Installation
7.9 Subscriber Installation
Standards
7.10 Use of Poles
7.11 Undergrounding
7.12 Public Property Rights
7.13 Private Property Rights
7.14 Prior Property Uses
7.15 Compliance with Codes
7.16 Construction Conditions
7.17 Construction Schedule
LOCAL REGULATION
8.1 Records, Reports and Filing
8.2 Annual Reports
8.3 Sigual Carriage
8.4 Rates for Services
8.5 Franchise Fee
8.6 Payment of Fee
8.7 Rights of Recomputation
8.8 Subscriber Payments
8.9 Refunds for Terminations
8.10 Subscriber Usage
8.11 Subscriber Terminal
Equipment
8.12 Subscriber's Antenna
8.13 Outages
8.14 Program Guide
8.15 Channel Guide
8.16 InstituU~onal Services
8.17 Sales and Services Prolfibited
8.18 Respondeat Superior
SUBSCRIBER PROTECTIONS
9.1 Availability and Continuity
of Service
9.2 Rental Properties
9.3 Subscriber Agreements
9.4 Local Office Services
9.5 Subscriber Hothne Services
9.6 Subscriber Complaint
Procedures
9.7 Subscriber Privacy
MISCELLANEOUS PROVISIONS
10.1 Failure to Enforce
10.2 Security Deposit
10.3 Faithful Performance Bond
10.4 Liability and Indemnification
10.5 No Recourse
10.6 Severability
308
DUBUQUE CABLE SERVICES
DELIVERY FRANCHISE
SHORT TITLE
INTENT
Sec. 1. Short Title.
This ordinance shall be known as the
Dubuque Cable Services Franchise,
and may be so cited.
Sec. 2 Intent.
The purpose of the Dubuque City
Council in this ordinance is to grant to
the cable corporation hereafter identi-
fied, this franchise to operate a cable
services delivery system in the public
interest, to define the terms of the
contractual relationship between that
corporation and the Council, and to
provide day-to-day regulation of the
cable services delivery system by the
Council or its designated agents,
throughout the period of this contract
DEFINITIONS
Sec. 3.1 Definitions.
For the purpose of this franchise, the
following words, terms, phrases, and
their derivatives shall have the mean-
ing given herein. When not inconsistent
with the context, words used in the
present tense include the future tense,
words in the plural number inchide the
singular number, words in the singular
number include the plural number, and
words in the masculine gender include
the feminine gender. The word "shall"
is always mandatory and not merely
directory. The word "may" is permis-
sive.
3.2 BASIC SUBSCRIBER SER-
VICE means the aggregate of the fol-
lowing:
a. The retransmission of all broad-
cast television signals viewed off the
air within the City as provided for
herein,
b. the retransmlssion of any distant
broadcast television signal provided for
c. the transmission of all community
programming, local origination, and
leased channels.
d. the retransmission of cultural-
educational television signals as pro-
vlded for herein,
e. the transmission of syndicated and
satellite programming as provided for
herein,
f. the retransmlssion of a full spec-
trum of FM radin signals as provided
g. the transmission of digital signals
as provided for herein, and
Special Session, July 29, 1981
h. any other programming or services
)rovided for herein or agreed upon by
the Grantor and Grantee.
3.3 CABLE SERVICES DELI-
VERY SYSTEM, CABLE SYSTEM,
means a separate and distinct, non-
broadcast system of antennas, cables,
amplifiers, towers, microwave links,
waveguides, laser beams, satellites! or
any other transmission paths and asso-
ciated signal generation, reception and
control equipment, and conductors,
ducts, conduits, converters, terminals,
valuts, nmnholes, facilities, appliances,
attachments, desigued and constructed
and necessary for the purpose of pro-
ducing, receiving, amplifying storing,
processing and distributing audio,
video, digital, or other forms of elec-
tronic or electrical signals to subscrib-
ers within the City of Dubuque.
3.4 CHANNEL means a frequency
band within which a video, audio or
digital signal or some combination of
such is delivered by cable to and from
a subscriber terminal.
3.5 CITY means the municipal cor-
mrition of Dubuque, Iowa, its officers
and employees, and ali the territory
within its present future corporate
limits.
3.6 CITY COUNCIL means the
~rincipal governmental body of the
City of Dubuque, Iowa, its officers, or
a representative person or entity as
may be designated to act on its
behaff.
3.7 CITY MANAGER means the
chief administrative officer of the City
of Dubuque, Iowa, or a designated rep-
resentative.
3.8 CLASS I TELEVISION CHAN-
NEL means a signaling path provided
by the Grantee in its cable system to
relay to the subscriber terminal a tele-
vision broadcast signal or program
which is broadcast by a licensed televi-
sion station, whether received from
such station off the air, by microwave,
by satellite, by direct connection, or by
other means.
3.9 CLASS I (II, III, OR IV) TELE-
VISION SIGNAL means the signal
passed along the channel of such class,
other than community programming or
local origination.
3.10 CLASS II TELEVISION
CHANNEL means a signaling path
provided by the Grantee in its cable
system to deliver to the subscriber ter-
minal a television-like signal or pro-
gram which is not involved in a
broadcast transmission path, which is
Special Session, July 29, 1981
3O9
intended for reception by a television
receiver, and which does not require
the use of m~ auxiliary decoding device
other than a channel selection device.
3.11 CLASS III TELEVISION
CHANNEL means a signaling path
provided by the Grantee in its cable
system to deliver to the subscriber ter-
minal a signal or .program which
requires the use of an auxiliary decod-
ing device, other than a channel selec-
tion device, or which is intended for
reception by equipment other han a
telsvision receiver.
3.12 CLASS IV TELEVISION
CHANNEL means a signaling path
authorized or provided by the Grantee
to transmit a signal of any kind
upstream from a subscriber terminal to
another point in the cable system.
3.13 COMMUNITY PROGRAM-
MING means programming
a. which is cablecast on a dedicated
channel under the sole authority of the
Grantor or its agents, and
b. over which the Grantee neither
has nor exercises content control, and
c. which a designated local subcom-
munity determines content copeistent
with or in furtherance of its profes-
sional goals, or
d. which is originated or produced by
members of the local general public or
a local subcommunity.
3.14 COMMUNITY PROGRAM-
MING AGENT means the person or
entity designated by the City Council
to act on local community program-
ming matters.
3.15 CONNECTION or RECON-
NECTION means the aggregate of and
nothing less than the following:
a. prior notice to the subscriber in
clear and understandable language of
all available, applicable connection,
reconnectinn and cost options,
b. the Grantee's internal business
procedures relating to all the sub-
scriber's accounts,
c. the activation of drop cable(s)
already installed to the subscriber's
premises, for all services being sub-
scribed to, and
d. the delivery and attachment by
the Grantee of the appropriate sub-
scriber equipment.
3.16 DEDICATED CHANNEL OR
LOOP means a channel or loop con-
structed and reserved solely for the use
of the assigned user.
3.17 DISCONNECTION meolm one
(1) or two (2) or all of the following:
a. the Grantee's internal business
procedures relating to all the sub-
scriber's accounts.
b. the deactivation, but not removal,
of dro/p(s) to the subscriber's premises,
c. the removal by the Grantee of
Grantee owned subscriber terminal
equipment.
3.18 DUAL PLANT means a plant
compesed of two ~runk cables through-
out the system. One cable is referred to
as the "A" cable, and the other is
referred to as the "B' cable.
3.19 FCC means the Federal Com-
munications Commission, or a desig-
nated representative, or a Con-
gressionally designated successor agen-
cy or entity in cable communication
matters.
3.20 FEE means the charge fixed
pursuant to the provisions of tiris fran-
chise for the use of the public streets
and ways for a cable system, and for
the Granter's ~gulating such a cable
system in the public interest, but
excinding any tax or fee required by
any other law or regulation.
3.21 GRANTEE means the parent
corporation and its local subsidiary
corporation to which a franchise is
granted for the construction, operation,
maintenance, updating and reconstruc-
tion of a cable services delivery system
in the City of Dubuque, Iowa.
3.22 GRANTOR Means the City
Council of the City of Dubuque, Iowa,
which grants this franchise, or its duly
authorized agunt, with respect to all
aspects of the cable services delivery
system operated by the Grantee within
the territory of this franchise.
3.23 GROSS REVENUES means
any and all compensation, in whatever
form, exchange, or otherwise, derived
from all cable services within the ser-
vice area of this franchise, hicinding,
but not limited to, revenues from sub-
scriber ratas, pay services, leased chan-
nels, advertising, installations, con-
nection charges; provided however, it
does not include any tax or service
furnished by the Grantee imposed
directly on any subscriber or user by a
local, state or federal governmental
milt and collected by the Grantor for
such entity.
3.24 INSTALLATION, SUB-
SCRIBER, means the aggregate of the
following:
a. prior notice to the subscriber in
clear and understandable language of
all available, applicable installation,
connection, reconnection and cost
options,
b. the laying or hanging of drop(s)
from the feeder cable to the sub-
scriber's premises for all services being
subscribed to,
c, the installation and attachment of
outlets within the subscriber's premises
with up to twenty feet (20') of exten-
sion cable from each outlet, and
d. connection.
310
Special Session, July 29, 1981
The maintenance, repair, or updat-
ing of any of the equipment referred to
in this subsection shall not constitute
installation.
3.25 INTERCONNECTION means
any llnk between the cable services
delivery system within the City and
any cable system or part thereof
located outside the corporate limits of
the City, whether for one or more
channels or services, whether by direct
link, microwave, sitellite, or other
means, or whether coming into or
going out from the Dubuque system.
3.26 LEASED CHANNEL means
any dedicated channel, or portion
thereof, which the Grantee makes
available for lease on fair and non-dis-
criminatory basis to any member of
the general public.
3.27 LOCAL ORIGINATION means
local programming originated or pro-
duced by the local cable operator, or
for the production of which the local
cable operator is primarily responsible,
utilizing local events and concerns
more than fifty percent (50%) of the
time, which includes showing local
events, programs of high, intense local
interest, or repoxts dealing with current
local events, weather, and business
affairs.
3.28 LOOP means a smaller cable
system within the system serving the
entire service area, which permits
selective distribution of specialized
communications channels.
3.29 MONITORING means observ-
lng, whether by visual or electronic
hal, or the absence of a signal, where
the observer is neither the subscriber
whatsoever.
3.30 OUTAGE means any failure of
a signal or service, due or promised, to
be transmitted to a subscriber's termi-
3.31 PAY TELEVISON SERVICE
means the delivery to subscribers will-
ing to receive and pay for such, over
the cable services delivery system, of
television signals at a separate rate or
a per view, per channel, per tier, or
other subscription basis.
3.32 RATE meagre the charge to a
subscriber for a service available on the
cable services delivery system, includ-
ing all charges of whatever nature
related to such a service, whether a
deposit, installation, delivery, equip-
ment related, interest, disconnect, pen-
alty, repair, maintenance, or other
charges.
3.33 REGULATORY AGENT
LOCAL means the official, employee,
board, commission, person, entity, or
any combination thereof, authorized
by the Grantor herein or hereafter to
act for the Granter, entrusted with the
authority) and responsibility to
interpret the terms of this franchise
and thsh' applicability, to govern, con-
tro], promote, protect, foster, prohibit,
restrain, hinit, odmonish the Grantee,
to protect the interests of the public
and the City, and to adopt measures
related thereto.
3.34 STATE OF THE ART means a
product, component, capacity, or capa-
bility representing the latest technolog-
ical advances for that product,
component, capacity, or capability in
the cable services industry, and reach-
ing the highest quality and perfor-
mance levels as measured by the best
such product, component, capacity or
capability then in production and
available for use in cable services or
telecommunication.
3.35 STREET means the surface of
and the space above and below any
street, road, highway, freeway,
land, path, public way or place, a]ley,
court, sidewalk, boulevard, parkway,
drive or' other easement now or hereaf-
ter held by the City for the purpose of
travel, and includes such other
easements or tights-of-way as shall be
now or hereafter held by the City
which, within their proper use and
meaning, entitle the City to use thereof
for a utility.
3.36 SUBCOMMUNITY means a
group of representative, professionally
qualified pemons within the City, but
not necessarily in spatial proximity,
who share a basic professional interest
which services a public need.
3.37 SUBSCRIBER means any per-
son, corporation, or entity who agrees
to receive a service provided by the
Grantee by means of or in connection
with the cable services delivery sys-
3.38 SUBSCRIBER, COMMER-
CIAL, means a subscriber who agrees
to receive a cable service in a place of
business, where the service may be
used in connection with a business,
trade or profession.
3.39 SUBSCRIBER, EDUCA-
TIONAL, means a subscriber who
agrees to receive a cable service in a
public school, non-public school, or
college for use consistent with the edu-
cational mission of the institution, but
excluding service to residential quar-
3.40 SUBSCRIBER, INSTITU-
TIONAL, means a subscriber who
agrees to receive a cable service in a
facility with multiple residential quar-
tera, who receives a single periodic
Special Session, July 29, 1981
311
statement from the grantee and who,
in turn, may charge individual resi-
dents or users for the cable services in
their individual areas.
3.41 SUBSCRIBER, RESIDEN-
TIAL, MULTIPLE means a subscriber
who agrees to receive a cable service in
a dwelling unit which shares a common
roof and wall with another dwelling
3.42 SUBSCRIBER, RESIDEN-
TIAL, SINGLE, means a subscriber
who agrees to receive a cable service in
an individual dwelling unit standing
alone and designed for a single family.
3.43 SYNDICATED PROGRAM
means any program sold, leased,
licensed, distributed, or offered to a
television station licensee or cable
operator in more than one community
within the United States for non-inter-
connected (i.e., non-network) broadcast
or cablecast exhibition.
3.44 TAPPING means observing,
whether by visual or electronic means,
a two-way communications signal
exchange, where the observer is neither
of the communicating parties, for any
purpose whatsoever.
3.45 TERMINATE means to end,
and includes expiration, rescission, and
3.46 UPDATE, a step beyond opera-
tion and mnintenance, means making
the cable rystem, its component parts,
and the equipment used therewith con-
form with the most recent technologi-
cai advances commercially available
for cable system, incorporate the most
recent methods employed in telecom-
municatinns, and offer the most
recently developed services for deli-
very.
FRANCHISE GRANT
Sec. 4.1 Grant of Franchise.
In consideration of the mutual
agreements contained herein, the City
of Dubuque, Iowa, hereafter referred
to as the Grantor, hereby grants to
Teleprompter Corporation, orgru~ized
in the state of New York, hereafter
referred to as the Grantee, and the
Grantee hereby accepts, a non-exclu-
sive, revocable franchise to construct,
operate, maintain, update, and recon-
struct a cable services delivery system
in, on, upon, along, across, over and
under the streets and ways within the
City of Dubuque, Iowa, and all annex-
ations thereto, and agrees that it shall
continually operate its cable system in
compliance with all provisions herein.
The Grantee scknowledges that the
Grantor may at any time as it deems
appropriate, without prior notice to,
consult~tlon with, or compensation for
the Grantee, grant such additional
cable franchises or any other telecom-
munications permit to any other per-
The Grantee and the Grantor mutu-
ally acknowledge that the City has
already made and may in the future
make grants for other utility purposes,
and that the Grantor does not have
the unqualified tight to authorize the
Grantee unencumbered use of the
streets and easements. The Grantor
does not warrant or represent as to
any particular street or way that it has
the right to authorize the Grantee to
install and operate portions of its cable
system within the City, and in each
case, the burdens and responsibility for
making such determinations and com-
pliance with any limitations, shall rest
on the Grantee.
Access to any private property,
dwel6ng, or establishment without the
express consent of any private owner is
not granted to the Grantee under this
franchise.
Prior to the effective date of this
franchise the Grantee shall secure the
necessary authorization to do business
in the State of Iowa as a foreign cor-
potation, and shall provide proof of
such to the City Manager.
This franchise shall be granted,
amended, extended, or renewed only
by ordinance. No such ordinance shall
become effective unless a public hear-
lng shall be held on the proposed ordi-
nance, and the ordinance shall be
approved at an election. The proposed
ordinance shall be submitted to the
vote of the people within a reasonable
time, either at the next regular City
election or at a special election called
for that purpose. If a majority of those
voting approved the proposal, the
Grantor may proceed as proposed. If
the Grantee requested the grant,
amendment, extension, or renewal, it
shall pay the cost incurred in holding
the election, including the costs of the
notice, and the grant, amendment,
extension or renewal shall not be
finally effective until an acceptance in
writing has been filed with the City
Manager and payment of all costs has
been made, provided such shall occur
within thirty (30) days after the elec-
tinn.
The Grantor and Grantee acknowl-
edge and agree that no one is a third
party beneficiary of this contract.
The grant of this franchise to Tele-
prompter Corporation shall include a
change in control, merger with, and
transfer of the franchise to a subsidiary
of Westinghouse Broadcasting Cor-
poration, as submitted for approval to
the Federal Communications Commis-
312
Special Session, July 29, 1981
sion by Teleprompter Corporation as
Exhibit B-6 to FCC Form 327, dated 7
November, 1980, provided such trans-
actions are approved by the FCC and
are completed by I April 1983. Public
trading of the stock of Westinghouse
Electric Corporation shall not be
deemed to be subject to provisions of
this franchise.
Sec. 4.2. Accord.
The fi-anshise granted herein shall be
the entire agreement between the
Grantor and Grantee, and shall be in
lieu of any and all other grants, rights,
privileges, powers, claims, immunities,
and authorities owned, possessed, con-
trolled, or exercisable by the Grantee
or any parent, affiliate, or successor
pertaining to the construction, opera-
tion, maintenance, updating, or recon-
struction of a cable system within the
City. The acceptance of this franchise
shall operate, as between the Grantee
and the Grantor, as a release and
abandonment of any and all such
grants, rights, privileges, powers,
claims, immunities, and authorities
within the City.
Sec. 4.3. Assurance of Service.
By acceptance of this contract, the
Grantee shall assume all legal, dele-
gated, contracted and unreserved
responsibility
a. for construction, mointenance,
operating, and updating of a cable set-
vices delivery system,
b. for continuous and uhinterrupted
delivery of cable services,
c. for compliance with all standards,
regulations, and procedures, and
d. for all liabilities, penalties, and
sanctions, as may be required herein or
by the laws and regulations of federal,
state, and local govemmente.
Sec. 4.4. Non-transferability of Fran-
chlse
This franchise shall be a privilege to
be held for the benefit of the public by
the Grantee. This franchise shall not in
any event be transferred, assigned,
sold, leased, or disposed of in whole or
po~t, either by forced or voluntary sale,
merger, acquisition, consolidation
mortgage, trust, receivership, or any
other means, nor shall title thereto
either legal or equitable, or any right,
interest, or property therein, pass to or
vest in any person except the Grantee
without the prior approval at an elec-
tion and the prior consent of the
Grantor expressed by a Council resolu-
tion and then only under such condi-
tions as the Grantor may establish.
Every such transfer shah make this
franchise subject to revocation unless
and until the Grantor shall elect to
consent thereto. The approval of one
transfer shall not render unnecessa~
the approval of any subsequent trans-
fer.
A mortgage or pledge of the cable
systsm equipment or any part thereof,
or a leasing by the Grantee from
another person of equipment or parts
for the cshle services delivery system,
for financing purposes or otherwise
shall be made only with psfor approval
of the Grantor and shall be subject
and subordinate to the rights of the
Grantor under this ordinanee as appli-
cable by law. The Grantor shall not
unreasonably withhold approval.
Notwithstanding the foregoing, the
Grantee may ~nortgage, pledge, and
lease portions of its Dubuque cable
system provided that the aggregate
amount of the value of such indentures
shall not at any time exceed the lesser
of one hundred thousand dollars
($100,000.00) in constant dollars as
measured in October 1981.
The Graffter reserves the rigbt to
review the purchase price of any trans-
fer or assignment of tbe cable system,
and any transferee or assignee to this
franctfise expressly agrees that any
negotiated sale value which the
Grantor deems unreasonable shall not
be considered in the rate base for any
subsequent request for rate increase.
Sec. 4.5. Change in Control.
The Grantor shah grant this fran-
shise to Teleprompter Corporation
only as organized, owned, operated,
and controlled on the effective date of
this franchise and herein acknow-
ledged. Prior notice to and consent of
the Grantor shall be required for any
change in the interest or control of the
Grantee. The Grantee shaft notify the
Grantor with full identifying particu-
lam of any actual or proposed change
in, transfer of, or acquisition by any
other party of ovmership, operation, or
control of Grantee. Every such change
shall make this franchise subject to
revocation unless and until the
Grantar shall have consented thereto.
The Grantor may inquire into the
qualifications, policies, or any other
material concerns of any party seeking
ownership, operation, or control of the
Grantee, and the Grantee shall assist
the Grantor in any reasonable inquiry
by promptly responding with the
requeSted information. If the Grantor
does not act by resolution to deny or
to investigate a proposed change
within ninety (90) days after receiving
notice thereof and the filing of a peti-
tion requesting the Grantor's consent,
the Grantor shal~ be deemed to have
consented. If the Grantor adopts a res-
olution denying its consent and any
change with respect to which the con-
sent of the Grantor is required has
Special Session, July 29, 1981
313
been affected, the Grantor may revoke
this franchise unless control of the
Grantee is immediately restored to its
status prior to the change.
Bankruptcy proceeding, including
proceedings under Chapter 11 of the
Bankruptcy Code (P.L. 95-958; 11
U.S.C. 11), foreclosure, judicial sale, or
a judicially ordered change in interest
in or control of the Grantee shall be
treated as a change, and the provisions
of this section shall apply.
For the purpose of this subsection,
tbe term "control" is not limited to
majority stock ownership, but includes
actual working control in whatever
manner exerciseable, or the acquisition
or accumulation by any person or
group of persons of ten percent (10%)
of the vothig shares of the Grantee.
Sec. 4.6. Duration of Franchise.
The term of this franchise, and all
rights, privileges, obligations, and
restrictions pertaining thereto, shall be
twenty (20) years from the effective
date of the franchise, unless by prior
revocation or termination. The effec-
tire date shall be 1 October 1981, and
the term shall run until 30 September
2001.
Section 4.7. Extension or Renewal.
The Grantee and the Grantor agree
that this franchise shall not entail any
extension or renewal thereof. Nothing
in this franchise, or arising as a result
of any relations or dealing thereof,
shall be construed to require an exten-
sion or renewal, nor shall anything in
this franchise, nor any right, privilege,
interest, or claim arising therefrom be
construed to give the Grantee any
claim, interest, or right to expect,
demand, or sue for an extension or
renewal. If tbe Grantor elects to con-
sider an extension or renewal, such
shall be on the terms and conditions
which she Grantor deems in the best
interest of the community of Dubuque,
and the Grantor may require such
showings or proceedings as it deems
appropriate.
If the Grantor elects to consider an
extension or renewal, the Grantee shall
file an application for a definite term,
and such filing shall be made no sooner
than thirty (30) months, and no later
than twelve (12) months, before the
expiration date of this franchise. After
giving notice, the Grantor shall review
the Grantee's performance of its obli-
gations under this franchise, including,
but not limited to, technological devel-
opments, maintenance, updating pro-
tramming, services, rates, charges, fees,
profits, outages, the number and
nature of subscriber complaints, and
the pattern of the Grantee's responses
to outages and complaints. The
Grantor shall evaluate the Grantee's
renewal proposals for new construc-
tion, activations and services, updating,
fees, rates, and any relevant matter.
Tbe Grantor shall weigh the advan-
rages of a new Request for Proposals
and of rejecting any application for
exteneion or renewal.
Section 4.8. Amendment.
Tbe Grantor or the Grantee lnay
request an amendment to this fram
chise
a. to take advantage of advance-
ments in telecommunication technol-
ogy or methods which shall result in
serving Dubuque subscribers more
effectively, efficiently, and economic-
ally, or
b. to serve the public interest, or
e. to incorporate or reverse a waiver
granted or denied by the Grantor, or
d. to change a provision for the bet-
ter by removing or correcting a fault,
or
e. to conform with changed federal
or s~ate law or regulation.
The period of this franchise shall be
extended or renewed only in an exten-
sion or renewal, subject to such provi-
sions as are provided elsewhere herein.
Nothing in this franchise, or arising as
a result of any relations or dealings
thereof, shall be eanstrued to require
an amendment be grantsd by the
Grantor, nor shall anything in this
franchise, nor any right, privilege,
interest, or claim arising therefrom be
construed to give the Grantee any
clakn, interest, or right to expect,
demand, or sue for an amendment.
Sec. 4.9. Waivers
On petition by the Grantee, tbe
Grantor or its agent, a subscriber, or
any interested party, the Grantor may
waive any provision of this franchise,
impose reasonably justifiable addi-
tional or different requirements, or
issue a ruling on a complaint or dis-
puted question arising out of this fram
cbise, or issue a directive requirhig the
Grantee to show cause why it should
not cease and desist from violating a
provision of this franchise or from con-
duct adverse to tile public interest, or
initiate a revocation proceeding against
the Grantee for violations of tbis fram
chise.
The petition shall
a. be submitted in writing to the
Grantor at a scheduled public meeting
of the City Council,
b. state the relief sought,
c. state fully and precisely all perti-
nent facts and considerations relied on
to demonstrate the need for the relief
sougbt,
314
Special Session, July 29,1981
d. demonstrate that the relief would
serve the public interest,
e. support all factual allegations by
affidavit of a person or persons with
actual knowledge of the facts,
f. have exhibits verified by the per-
son who prepared them,
g. be accompanied by a certificate of
service on the Grantee, any other party
residing in the City, other than sub-
scribers, who may be directly affected
by the relief requested should the peti-
tion be granted,
h. within ten (10) days after the fil-
ing, be published by the petitioner at
least twice in a newspaper published
and having general circulation in the
City.
A petition tbr a ruling on a com-
plaint or disputed question arising out
of tbis franchise shall set forth all steps
taken by the parties to resolve the
problem, except where the only relief
sougbt is a clarification or interpreta-
tion of this ft anchise.
Co~nments or oppositions to a peti-
tion may be filed by any interested
party. Tbe comments or oppositions
shall
a. be filed with the City Clerk within
tlikty (30) days after the petition has
been filed,
b. contain a detailed full showing,
supported by affidavit, of any facts or
considerations relied on, and
c. be accompanied by a certificate of
service on the petitioner and on all
listed in the petitioner's certificate of
service.
The petitinner may submit a reply to
the comments or oppositions within
twenty (20) days after their submis-
sion. The petitioner's reply shall con-
rain a detailed full showing, supported
by affidavits of any additional facts or
considerations relied on, and shall be
served on aH persons who have filed
pleadings.
The Grantor, after consideration of
the pleadings, may specify other proce-
dttres, as it deems appropriate, to aid
in its deliberatinns of the petitinn.
Without undue delay, the Grantor
shall determine whether the public
interest would be served by the grant,
in whole or in pa~, or denial of the
request.
Sec. 4.10. Rescission
The contractual duties arising from
this franchise may be discharged by a
mutual agreement between the
Grantor and Grantee. Such rescission
shall include the surrender of all rights,
interests, or claims granted to the
Grantee herein or arising therefrom,
the payment of such consideration to
the Grantor by the Grantee as the
Grantor deems appropriate for the
resulting loss of services and public
tnconvenience, and shall be condi-
tioned on the Grantee's temporary
continuation of cable services as deter-
mined by the Grantor.
Sec. 4.11. Revocation.
In addition to all other rights and
powers reserved or pernritted to the
City, the Grantor reserves as a sepa-
rate and distinct remedy the right, to
revoke this franchise and all rights and
privileges hereunder, in the event
that:
a. the Grantee, by act or omission,
violated any material term or condl-
tion of this contract, or
b. the Grantee violates a provisinn of
this contract for which revocation is
provided as a sanction, or
c. the Grantee fails to begin or com-
plete constructinn as provided bereun-
let or as incorporated herein, or
d. the Grantee becomes insolvent,
unable or unwilling to pay its debts,
including those owed to the City; or
invokes proceedings under Chapter 11
of the Ba~kruptcy Code (P.L. 95-958;
11 U.S.C. 11), is adjudged a bankrupt,
or all or part of the Grantee's facilities
should be sold under an instrument to
secure a debt and are not redeemed by
the Grantee within thirty (30) days
from such sale, or
e. the Grantee fails to restore service
folinwing forty-eight (48) consecutive
hours of interrupted service, except
when prior approval of such interrup-
tions is obtained from the Grantor, or
f. the Grantee attempts to or does
practice any fraud or deceit in its con-
duct or relations with the Grantor or
subscribers in relation to or under this
contract.
The Grantor may, but shall not be
required to, issue or cause to be issued,
an injunction to procure compliance,
especially for repealed violatinns or
non-compliance. Failure of the Grantee
to comply with such injunction or to
act contrary to such, shall also be
gxounds for revocation.
The Grantee shall promptly reim-
burse the Grantor for all expenses
incurred for revocation notices, pro-
ceedings, and legal fees.
Prior to revocation, the Grantor
sliall give the Grantee sixty (60) days
notice of the particular grounds upon
wliich the Grantor relies. If, at the end
of the sixty (60) day period, the Gran-
tee has not cured the defect com-
plalned of and met all adjustments,
rebates, or penaltieq applicable, the
Grantor may enact an ordinance
repealing and revoking this franchise.
Such ordinance shall not require voter
approval.
Special Session, July 29, 1981
Since revocation is based on non-
performance by the Grantee, the
Grantor shall not be held liable for any
remedy in favor of the Grantee as a
result of or arising from a proper revo-
cation.
In lieu of revocation, the Grantee
may, at the sole option of the Grantor,
elect to sell its cable system to the
City at a price acceptable to the
Grantor and in accordance with other
provisions herein for sale due to
breach.
The Grantor and Grantee agree that
an act occasioned exclusively by vio-
lence of nature without the interfer-
ence of any human agency shall not
result in revocation to the extent that
the Grantee had, prior to the act,
implemented all reasonable measures
to protect and minimize its system
from such damage, and further pro-
vided that after the act, the Grantee
sball promptly repah' and restore the
system to the operation and quality
required by this franchise.
Sec. 4.12. Grantor's Regulatory
Responsibility.
In order to assure compliance with
this franchise, to interpret the terms
and applicability of this franchise, to
promote quality cable services in the
City of Dubuque, and to protect the
public interest, the Grantor acknowl-
edges and agrees to its obligation to
provide the necessary, qualified staff or
agent, and support se~wices, as may be
required by 47 C.F.R. 76.31.
Sec, 4.13. Protection of Grantee's
Property.
The Grantor acknowledges that
property, real and personal, owned or
under the control of the Grantee, is
entitled to all protection provided for
by law for the protection of private
property even if located on public land,
unless otherwise specified herein. Pro-
tection extended to the Grantee's prop-
erty in, on, over, or under private
property depends on applicable law
and any affreement between the Gran-
tee and the private property owner.
Nothing in this franchise shall be con-
strued to assign property rights or
interest hi any transmission or signal
passing through the air. Nothing in this
ordinance shall be construed to desig-
nate "theft of service," a crime. The
Grantor shall never have the obligation
to test for "thaft of service," nor to
prosecute such.
Sec. 4.14. Disposition Upon Termina-
Upon termination of this franchise
by virtue of expiration, or lack of
extension or renewal, the Grantee:
a. shall temporarily continue to
315
operate the system so that no inter-
ruption of service shall occur, and
b. may sell its system to another
Grantee, ff any, who has been granted
a franchise to operate a cable system
within the service area of the City,
provided the new Grantee is willing to
purchase the system, and the City is
willing to allow the system to be used
in performance of a new franchise, or
c. may sell its system to the City,
provided the City is willing to purchase
the system, or
di shall remove, at its own expense,
its system from the streets and ways of
the City and the private property of
subscribers, within one hundred eighty
(180) days after the turn-on of a new,
from the City Manager.
Upon termination because of the
Grantee's breach of this franchise, or
because of revocation for breach, the
Grantee:
a. shall temporarily continue to
operate the system so that no inter-
rupfion of service shall occur, and
b. may sell its system to another
Grantee, if any, who has been granted
a franchise to operate a cable system
within the service area of the City,
provided the new Grantee is willing to
purchase the system, and the City is
willing to allow the system to be used
in performance of a new franchise, or
c. shall sell its system to the
Grantor, provided the Grantor is will-
ing to purchase tbe system, and further
provided that the purchase price shall
be no more than ninety percent (90%)
of the fair market value of the system,
or such lessor amount as the parties
d. shall remove, at its own expense,
its system from the streets and ways of
the City and the private property of
subscribers within one hundred eighty
(180) days after the effective date of
the revocation or termination, and
shah forfeit the full value of its faith-
ful performance bond, provided the
Grantor is willing to allow re~noval and
accept forfeiture of the performance
bond.
Sec. 4.15. Re~noval of System.
In addition to requirements for
removal of the cable system provided
herein upon termination or revocation,
the Grantee shall promptly, within one
hundred eighty (180) days, remove its
system from public and subscriber pri-
vate property if the Grantee fails or
ceases to operate its system for a con-
tinuous period of afnety (90) days. No
notice or revocation proceedings shall
be required for this provision to
become effective.
316
If the Grantee fails to remove all its
properties from public and subscriber
private property within the one hun-
dred eighty (180) days removal period,
the Grantee shall forfeit its faithful
performance bond, and the City Man-
ager may declare all such property of
the Grantee abandoned, and nil such
property shall become the property of
the City, and the Grantee further
agrees to execute and deliver an
instrument in writing transferring its
ownership interest in any such prop-
erty to the City.
Sec. 4.16. Time of the Essence.
Whenever this contract shall set
forth any time for any action to be
performed by or in behaff of the Gran-
tee, such time shall be deemed of the
essence, and any failure of the Grantee
to perform within the time allotted,
unless otherwise agreed to by the
Grantor or provkted for herein, shall be
sufficient grounds for the Grantor to
proceed to the revocation procedure of
this contsact.
Sec. 4.17. Deregulation.
If any federal or state power,
authority, or jurisdiction over the cable
services delivery system is deregulated,
withdrawn, or reduced, the Grantor
shall have the option to exercise such
power, authority, or jurisdiction over
the Grantee to the extent such was
exercisable at the time this franchise
became effective.
If, at any time, the powers, rights, or
duties of the Grantor or any agent or
official of the City are transferred by
law to any other board, authority,
agent or official, then such other entity
shall have the powers, rights, and
duties previously vested under this
franchise in the Grantor.
Sec. 4.18. Right of Interventinn.
The Grantor shall have the right of
intervention in any suit or judicial or
regulatory proceeding to which the
Grantee is a party and which may
affect the rights of the Grantor. The
Grantee shall not oppose such inter-
vention by the Grantor.
Sec. 4.19. Jurisdiction.
In the case of any dispute between
the Grantee and Grantor arising from
this contract, the Grantee and the
Grantor agree that the laws of the
State of Iowa shall apply in construing
this contract, and to thgt end the fed-
eral courts of Iowa and the state
courts of Iowa shah have exclusive
jurisdiction.
In the event of any litigation by the
Grantee against the Grantor, its offi-
cers, agents, or employees, the Grantee
agrees that it shall pay the City rea-
sonable attorney fees and administra-
rive costs in the event the Grantee
Special Session, July 29,1981
does not prevail in such litigation.
Sec. 4.20~ Contract Validity.
Tbe Grantor and Grantee acknowl-
edge and agree that this fi-anchise is
both a grant to operate a cable system
in the City of Dubuque, Iowa, as
required by statute and a mutually
bargained and negotiated contract
acceptable to both parties. The
Grantor and Grantee further agree
that in tbe event the City's obligation
or right to regulate under its sta~totory
franchising authority is demiuished or
curtailed, the provisions of this con-
tract shall remain in full force and
binding on both parties.
City of Dubuque Teleprompter Cor-
SERVICE AREA
Sec. 5.1. City Coverage.
The Grantee shall design, construct,
operate, maintain, update, and recon-
struct its cah]e se~ices delivery system
in such a manneh as to pass by and
~rovide adequate tap-off facilities to
deliver quality services for every sin-
,je-family dwelling, multiple-family
dwelling, institution, agency, school,
government facility, and business
estahfishment within the corporate
limits of the City of Dubuque, Iowa.
At its option, the Grantor reserves
the right to require the Grantee to
extend its cable system to every resi-
dence, building, or location within the
City or an annexed area, which
receives or will receive a utility service
or a service considered essential to the
public interest.
The Grantee shall use the term
"Dubuque" in the title of its system
operated iii the City, and shall not use
nor permit the use of the term
"Dubuque" in respect to any other
cable system, cable coverage grea,
report, or accounting, except as pro-
vided for herein. Any prior use of the
term "Dubuque" inconsistent with this
)rovlsion shall be curtailed and cor-
rected by the Grantee prior to the
effective date of this franchise. Sec. 5.2. Annexed Area.
In any area subsequently annexed
by the City within one (1) year after
the effective date of such annexation,
the Grantee shall extend its cable set-
vices delivery system in such a manner
as to pass by and provide adequate
tap-off facilities to deliver quality set-
vices for every school and government
facility located ui the area, for every
residential and institutional subscriber
where the average potential subscriber
density is at least thrity (30) potential
subscribers per linear mile of feeder
cable, and for every residential dwell-
lng unit within two hundred feet (200')
Special Session, July 29, 1981
317
of any existing portion of the cable
system.
Within three (3) years after the
effective date of such annexation, the
Grantee shall extend its cable services
delivezw system so as to provide service
to all units in the annexed area in the
same manner as similarly classed units
are being served within the original set-
vice area. Nothing in this section shall
be construed to prohibit the Grantee
from extending service to all units in
an mmexed area at an earlier date.
Sec. 5.3. Extension of System.
The Grantee shall not extend any
portion of the Dubuque cable services
delivery system to any area outside the
corporate limits of the City without
the prior, express approval of the
Grantor. Before the Grantor may
approve a request for such an exten-
sion, the Grantee ahall demonstrate
that the proposed extension:
a. shall not at any time interfere
with or degrade any service, degrade
any quality, nor reduce any coverage
within the Dubuque cable services sys-
b. shuil reduce the costs attributable
to the Dubuque system, and
c. shall not jeopardize or violate sub-
scriber security.
SYSTEM DESIGN
Sec. 6.1. System Design.
The Grantee shall construct within
the corporate limits of the City, a sep-
arate and distinct stand-alone, cable
services delivery system with a capac-
ity of at least seven hundred (700)
megahertz totally capable of passing
downstream and upstream video,
audio, and digital signals. The system
shall be designed and operated to
deliver highest quality cable signals
and services to all subscribers wherever
situated in the service area.
The particular service capacities to
be included in the design, the schedule
for activations, and the standards for
construction and performance are
described hereafter, except that such
provisions do not state the entire
requirement.
The Grantee shall operate its system
so that the video channeis are trans-
mitted in stm~dard six (6) megahertz
television channel assignments, within
plus or minus ten (+/-10) kilohertz,
so that teleuision receivers in general
use with built-in converters are able to
receive the Grantee's siguais without
using additional converters, provided
however that the Grantee may use
other standard assignments which ren-
der such built-in converters inopera-
tives ~f the Grantee provides without
charge regular converters for such
affected receivers.
Sec. 6.2. Interactive Two-way Ser-
vices.
Tbe Grantee shall design and oper-
ate the cable se~wices delivery system
to provide operational interactive two-
way services as an integral part of the
system. Two-way se~wices ahali consist
of, but are not limited to:
a. home services, such as fire detec-
tion, intrusion alarm, medica! alert,
and others,
b. community services, such as uti]-
ity meter reading, energy conservation,
traffic contrui, and others,
c. video return from educational,
governmental, cultural, and recrea-
tionui facilities, and others,
d. subscriber response to video,
audio, or digital downstream inquiries,
e. addressable data, programming,
services, and others, and
f. emergency override and alert
w~ruing system.
The Grantor reserves the right, as an
update function, to require the Grantee
to make available specific two-way set-
vices at reasonable rates if the Grantor
believes such would be in the public
interest.
If the Grantor elects, at one or more
times, to enter into a two-way service
with residents of the City, the Grantee
shall allow such and shall cooperate
with the City to initiate such service.
If a third party proposes to deliver a
two-way service to cable subscribers
via the cable system, and has the
approval of the local regulatory agent,
the Grantee shall cooperate to initiate
and deliver such service. In such event,
the third party and the Grantee shall
provide such subscriber protection as
this franchise and local regulatory
agent shall require.
As a conditinn for initiating, offering,
delivering, maintaining, or updating
two-way service, the Grantee shall not
require the Grantor or a subscriber to
purchase any cable equipment or
device other than that approved by the
local regulatory agent.
The Grantee shall not require that a
computer or other equipment required
for the operation of a two-way service
be located on its property.
The Grantee or any third party shall
not construct, operate, or repair any
fire or intrusion alarm system, nor
employ automatic dialers in relaying
emergency calls to police or fire
departments unless the Grantor shall
have specifically and previously
approved such operation and devices
and the false ala~n safeguards. The
Grantor reserves the right to minimize
false alarms and to levy fines, not to
exceed one hundred dollars ($100.00)
per false alarm.
318
INSTITUTIONAL SECURITY
DUBUQUE CITY AND
COUNTY FACILITIES
Dubuque City Hall
13th and Central Avenue
Dubuque Law Enforcement Center
8th and Central Avenue
Carnegie-Stout Public Library
11th and Bluff Street
Dubuque County Court House
720 Central Avenue
DUBUQUE AREAS OF HIGHER
EDUCATION
Loras College
1450 Alta Vista Street
Clarke College
1550 Clarke Drive
Um~ersit y of Dubuque
2050 University Avenue
Wartburg Seminary
333 Wartburg Place
HUMAN SERVICES
AND RESOURCES
Mercy Hospital
Mercy Drive
Finley Hospital
350 North Grandview Avenue
Xavier Hospital
Davis and Windsor
DUBUQUE pUBLIC SCHOOLS
Dubuque Community School
Administration Building
2300 Chaney Road
Senior High School
1800 Clarke Drive
Hempstead High School
Pennsylvania Avenue
Audubon School
605 Lincoln Street
Bryant School
1280 Rush Street
Eisenhower School
3170 Spring Valley Road
Franklin School
39 Bluff Street
Fulton School
2450 Central Avenue
At ali times the Grantor reserves the
right to adopt and improve whatever
credit billing, fund transfer, marketing,
advertising, privacy, or customer pro-
tection ordinance or regulation it
deems appropriate to electronic fund
transfer or marketing service. Sucix
ordinance or regulation shall be bind-
ing on the Grantoe and any third party
offering or using such service.
The Grantee shall provide security
services without cimrge to any of the
follewing identified institutions if any
such institutions shall install, at its
expense, security equipment compati-
ble with Grantee's interactive security
system. However, the Grantee shah not
be held liable for false alarms due to
equipment not serviced nor maintained
by the Grantee in such institutions.
Special Session, July 29, 1981
High School Extension Program
1500 Locust Street
Hoover School
3259 St. Anne Drive
Irving School
2520 Pennsylvania Avenue
Jackson School
715 West Locust Street
Jefferson Juinor High School
1105 Althauser Street
Jones Junior High School
1090 Alta Vista Street
Kennedy School
2135 Woodland
Lincoln School
1101 West Fifth Street
Vtarshafi School
1450 Rhomberg Avenue
Prescott School
1249 White Street
Table Mound School
100 Tower Drive
Washington Junior High School
51 North Grandview Avenue
DUBUQUE PRIVATE /
PAROCHIAL SCHOOLS
Wahlert High School
2005 Kane Street
Holy Ghost School
2981 Central Avenue
Holy Trinity School
1703 Hhomberg Avenue
Nativity School
1001 Alta Vista Street
Sacred Heart School
2222 Queen Street
St. Anthony School
2190 Rosedale
St. Columbkdle s Schoo
1198 Rush Street
St. Joseph's School
2105 St. Joseph
St. Mary's School
1600 White Street
St. Patrick's School
180 West 15th Street
Resurrection School
4300 Asbury Road
Sec. 6.3. FM Radio Services.
The Grantee shall design and oper-
ate the cable services delivery system
to provide the spectram of FM radio
signals as specified herein and in the
Grantee's incorporated application.
Within the spectrum range of eighty-
eight (88) to one hundred eight (108)
megahertz, the Grantee:
a. shall retransmit a minimum of
twenty-four (24) FM radio broadcast
sigqmis which are clear, quality signals
in the same or improved mode (mono,
stereo) and fidelity as the originating
broadcast signals, including, but not
limited to:
1. all FM radio broadcast signals
within fifteen (15) miles of Dubuque
City Hall, and
Special Session, July 29, 1981
319
2. all FM radio broadcast signals
within one hundred (100) miles of
Dubuque City Hall with public (educa-
tionaD programming formats, and
3. to the extent such shall be avail-
able in Dubuque by direct link, off the
air at the height of two hundred feet
(200') on either of the Grantee's two
(2) towers located in or within twelve
(12) miles of the City of Dubuque with
reasonable quality, or from a satellite
which then provides any audio/vlsuai
programming to the Dubuque system,
at least one (1) FM radio station with
each of the following programming for-
mats: beautiful music, classical, coun-
try and western, golden oldie, jazz,
middle of the road, all news, progres-
sive, talk, top-40, religious, and spe-
cialty programming, and
4. at least one access radio channel.
b. may retransmit, to the extent FM
radio broadcasting is not available
twenty-four (24) hours per day,
between FM sign-offs and sign-ohs,
such available AM stereo signals as
recommended by the local regulatory
agent.
c. may retransmit television audio
simulcasts,
d. may transmit non-broadcast audio
signals, and
e. may retransmit AM radio signals,
as approved by the local regulatory
agent, provided such do not preempt
any FM radio signal retransmission.
Any new, modified, substituted,
added, or deleted programming on the
FM band, shall be made only with the
consent of the local regulatory agent.
Sec. 6.4. Television Services.
The Grantee shall design and oper-
ate the cable services delivery system
to provide Class I, II, III, and IV tele-
vision channels and signals from sepa-
rate sources to be delivered simulten-
eously upstream and downstream to all
subscribers.
Sec. 6.5. Interconnectinn Services.
The Grantee may provide intercon-
nection facilities to interconnect the
Dubuque cable services delivery system
with another cable services system
only with the express prior approval of
the Grantor. Before the Grantor may
approve a request for an interconnec-
tion, th& Grantree shall:
a. demonstrate that the proposed
int~rconnection shall not at any time
interfere with or degrade any service or
quality within the Dubuque cable ser-
vices system;
b. demonstrate that the proposed
interconnection shall add to the set-
vices or quality within the Dubuque
cable system, or shall reduce the costs
attributable to the Dnbuque system,
c. assure that the proposed intercon-
nection shall not jeopawlize or violate
subscriber security, and
d. present to the Grantor detailed
cost and cost sharing projections for
the interconnection.
Tha Grantor may direct the Grantee
to effect an interconnection, ff in the
opinion of the Grantor such is techni-
cally and economically feasible after
reviewing pertinent data. If the
Grantor directs the Grantee to inter-
connect, the Grantee stroll not hinder
the progress of such interconnection.
The Grantee shall retransmit on its
cable system one (1) channel of audio-
visual programming originating from
the University of Iowa, provided such
programmhig is made available at the
capital expense of a person or entity
other than she Grantee, at the Gran-
tee's headend or at the height of two
hundred feet (200') at either of the
Grantee's two (2) towers located in or
within twelve (12) miles of the City of
Dubuque, and further provided the
local regulatory agent requests the
Grantee to carry such programming. If
such programming is cablecast in the
preceeding manner, the Grantee shall
thereafter be financially responsible for
the cost of maintaining the means of
delivering such programming.
Sec. 6.6 Subcommunity Services.
The Grantee shall design and oper-
ate the cable services delivery syste~n
to provide the isolation of interest sub-
commmdties, on discrete channels or
loops, minimally the educational,
human services, and local government
subcommunities. The Grantor may
db'ect, and the Grantee may propose,
that additional subcommunities be iso-
lated at later dates.
The equipment necessary to provide
such discrete channels or loops and to
pass upstream signals, including, but
not limited to, modulators and demo-
dulaters at each location, shall be the
responsibility of the Grantee.
The Grantee shall design and oper-
ate the cable services delivery system
with the facilities and capacities for
remote origination from selected points
throughout the system, particularly
points which serve the identified sub-
communities and as shall be approved
by the local regulatory agent.
Sec. 6.7. Narrowcasting Services
While commercial and public broad-
casting and pay television are usually
designed to appeal to the mass or
broad based audiences, narrowcasting
uniquely serves the public interest by
appealing to a small or narrow sec-
ment of the subscriber population· The
Grantee shall operate the cable services
320
delivery system to provide, exclusive of
any local community programming, at
least twenty percent (20%) of its active
television programming in the narrow-
casting category.
Sec. 6.8. Basic Services.
The Grantee shall design and oper-
ate the cable services delivery system
to provide basic subscriber services as
hereafter specified. Basic services ini-
tially shall provide, unless otherwise
provided for herein, no less than fl~irty
(30) activated video channels and the
specified spectrum of FM radio ser-
vices. Exclusive of the community pro-
gramming channels, the basic services
shall have at least four (4) video chan-
nels with twenty-four (24) hours daily
of non-repeated programming, and an
additional minimum of sixteen (16)
channels with no less than eighteen
(18) hours daily of progratnming each.
If the programming required for basic
channels is insufficient to meet the
number of daily hours requirement,
first preference for filler programming
should be for programming similar to
that required for the channel, second
priority for a classification of program-
ming not included in the required
channels, and third priority for spe-
cialty programming. Basic services
shall offer the following:
a. all Class I television signals from
stations located within the service area
of this franchise,
b. the Iowa state educational-cul-
tural broadcast signal,
c. the local government community
programming channel,
d. the specified spectrum of FM
radio signals, as described in "FM
Radio Services" of this fr ancbise,
e. any other non-encoded television
broadcast signal originating from
wittim the service area of this fran-
chise, as the local regulatory agent
may request commensurate with avail-
able unprogrammed capacity,
f. all television broadcast signals sig-
nificantly viewed in the service area of
this franchise, and not otherwise
deleted by the local regulatory agent,
g. all educational-cultural television
signals from stations within one hun-
dred (100) miles of Dubuque City Hall,
subject to available unprogrammed
capacity, signal strength no less than
minus twenty (-20) dbmv at the
height of two hundred feet (200') on
one of Grantee's towers located in or
within twelve (12) miles of the City of
Dubuque, and the request of the local
regulatory agent,
h. a composite channel for each
market area within one hundred (100)
miles of Dubuque City Hall, of broad-
cast telvision signals not otherwise
Special Session, July 29, 1981
required in basic services,
i. at least four (4) independent tele-
vision broadcast signals when avail-
able, delivered by satellite, in their
entirety, from diverse regions of the
United States,
j. at least one (1) channel of national
government programming, and when
available, two (2) such channels,
k. at least two (2) channels of ~syndi-
cared cultural programimng,
1. at least one (1) shannel of syndi-
cated children's programming,
m. at least one (1) shannel of syndi-
cated senior citizens' programming,
n. at least two (2) channels of syndi-
cated sports programming,
o. at least two (2) channels of syndi-
cated news programming,
p. at least one (1) channel of finan-
cial and business news programming,
q. at least one (1) channel of local
news and weather,
r. at least two (2) channels, or com-
posite shammls, of syndicated religious
programming reflecting the interest of
the local community,
s. at least one (1) channel of
t. all other community programming
cbannels activated,
n. all local origination channels acti-
vated,
v. all leased channels activated,
unless exempt by the local regulatory
agent,
w. when available, at least one (1)
x. additional channels, with first
preference for programming not signifi-
cantly included in other basic chan-
nels, second priority for programnring
on the locality of the service area of
this franchise, and third priority for
progrmnming newly available.
Each program requirement listed in
subparagraphs a. through x. of this
subsection, shall be separate and dis-
tinct channel requirements and shall
not be combined or composi~;ed into
fewer channels, and at least four (4) of
such channels shall be in the alphanu-
meric format. In the event any pro-
basic services, or at any time offered in
basic services, shall become unavilable,
the Grzaxtee, ~t its expense and with
the prior approval of the local regula-
tory agent, shall provide an acceptable
replacement as part of basic services.
The total number of activated chan-
nets of programming offered in basic
services shall be increased throughout
the life of this contract to reach at
least the following minimums:
a. during years one (1) to five (5),
Special Session, July 29, 1981
321
October 1981 through Septe~nber 1986,
thirty (30) channels ofprogranmring;
b. during years six (6) to ten (10),
October 1986 through September 1991,
forty-seven (47) channels of program-
ming, and
c. from yearn eleven (11), and there-
after, commencing October 1991, at
least sixty (60) channels of program-
mlag. If a federal regulatory agency
shall require that specific frequencies
not be used for the transmission of
cable signals, and such shall be man-
datory for the Dubuque cable system,
and such shall effectively displace the
audio/visual use of a 6 MHz band,
then (a) the first, third and fifth bands
of six (6) MHz bands so displaced shall
be deducted from basic service require-
ments of tins paragraph provided that
such are needed for pay television set-
vices, and (b) the second, fourth and
sixth bands of six (6) MHz bands so
displaced shall be deducted from mhan-
nel capacities used for pay television
services. If more than six (6) such
bands are displaced, then the same
alternating sequence shall be used for
distribution of such additional lost
capacity.
Nothing in this subsection shall be
construed to limit the Grantee's offer-
lng more than the mininmm number
of channels in basic service. The local
regulatory agent may request addi-
tional activated channels or specific
programming as part of basic services.
The growth of basic serviceh mandated
herein shall not at any time, directly
or indirectly be used as justification for
an increase in the rate charged for
basic services.
Any new, modified, substituted,
added or deleted programming or set-
vices in basic services shall be ~nade
with the approval of the local regula-
tory agent, except in an emergency and
then the change shall be temporary for
maximum period of ninety (90) days.
Except as prohibited by governmen-
tal laws and regulations, the Grantee
shafi provide network non-duplication
protection on a simufianeous basis for
a local Class I television broadcast
television station located within the
City Corporate limits, provided such
local signal is of broadcast quality, and
further provided that the Grantor
requests such protection.
Sec. 6.9. Local Community Program-
ming.
The Grantee shall design and opor-
ate the cable services delivery system
to provide dedicated channels, fixed
and mobile studios, and full studio and
portable equipment for local commu-
nity use at the location(s) as specified
by the Grantor or its community pro-
gramming agent. The purpose of local
community progran~ming is to afford
subcommunities and individuals of
Dubuque, Iowa the opportunity to
express opinions m~d provide informa-
tion and advice via the medimn of
cable at minin~al, if any, cost to the
user. All local community program-
ming, studios, and equipment, whether
titled to the City or to the Grantee,
shall be under the sole authority of the
Grantor, and the Grantor assures tbat
programming conforms to applicable
law and commmdty standards.
Notwithstanding the foregoing, the
Grantee reserves the right to establish
and enforce rules regarding the presen-
tation in a community programming
channel of obscenity, revolting rio-
lence, egregious profanity, and patently
libelous words, writings or pictures.
Separate and distinct from the
leased channel requirement provided
for elsewhere herein, the Grantee shall
lease to the Grantor, as may be
rquested by the Granter's local com-
munity programming agent, for not
more thim one dollar ($1.00) per year
per channel, at least six (6) channels
for local community programming.
Additional channels for local commu-
nity programming shall be leased to
the Grantor on the same terms, upon
the Granter's or its local community
programming agent's request, provided
that the channels already so leased to
the Grantor are being used, at the time
the request is tendered, at lest eighty
percent (80%) of the weekday hours
between 8:00 AM and 10:00 PM local
time.
The dedicated channels shall
include:
a. one (1) channel for the use of
local government,
b two (2) channels for the use of the
educational subcommunity,
c. one (1) channel for the use of the
hmnan services subcommunity,
d. one (1) channel for the use of
lacal religious programming reflecting
local religious establishments, and
e. one (1) channel for the use of the
general public,
except that one or more uses, as the
Grantor's local conm~unity program-
ming agent deems appropriate, may be
combined on a lesser number of chan-
nels. In order to avoid needless hours
of unused channels, local community
channels shall be activaated as use
demands, according to the directive of
the Grantor's local community pro-
gramming agent.
The Grantor acknowledges its com-
mirment to local community program-
322
Special Session, July 29,1981
ming, and agrees to continue its
support and encouragement of such,
except that facilities for religious pro-
gramming shall be limited to making
time and transmission services avail-
able in accordance with policies
adopted for such· Unless provided for
by operation of law, nothing in this
franchise shall be construed to give the
Granter control over or responsiblity
for programming content, except in
respect to local government program-
ming.
The local regulatory agent, within
policies recommended by the commu-
nity programming agent, may allow on
the community programming channel,
fund raising or sponsorship revenues
for the furtherance and support of
community programmfug, or for chari-
table, educational or public projects·
Sec. 6·10. Local Origination Services.
The Grantee shall design and oper-
ate the cable services delivery system
to provide dedicated channele and fully
equipped fixed and mobfie production
studios for local origination program-
ming. The purposes of local origination
programming are:
a. to provide subscribem with pro-
grmnmfug not otherwise available via
cable, tailored to the particular inter-
ests and needs of the local community
and subcommunities,
b. to encourage the Grantee to gen-
ergre additional revenue.
While location origination program-
reing is under the jurisdiction of the
Grantee, the programming interests
and needs of subscribers shall be peri-
odicaliy and systematically solicited,
surveyed, and considered by the Gran-
tee in program selection. The Grantee
may transmit commercial, political,
and public service messages on the
local origination channel and may
charge rates for the commercial and
political messages. Initially, the Gran-
tee shall activate at least one (1) fully
programmed local origination channel
and shall activate additional such
channele at a minimum ratio of one to
three (1:3) to active access channels.
The rates charged and the revenues
generated for local oigination shall be
subject to regulation designated else-
where herein.
Sec. 6.11. Leased Services.
The Grantee shall design and oper-
ate the cable services delivery system
to make leased channels availale to
subscribers who are willing and able to
pay the fair and reasonable charges
approved by the local regulatory agent
for such. The leased channele shall be
offered to lessees on a nondiscrimfua-
tory basis; the Grantee shall not refuse
to lease, nor offer any legal excuse for
refusal to lease, an available channel if
the lessee accepts the reasonable
administrative terms, the approved
rates, applicable law, and community
standards for programming· No less
than three (3) channels shall be made
available for lease. Additional channele
may be made available for lease, no
less than tl~ree (3) at a time. All leased
channels, unless otherwise excepted by
the local regulatory agent, the total
number of activated leased channels,
other than those used by the Grantor
for community programmfug, which
shall be offbred as part of basic ser-
vices, shall be limited to the maximum
°fa. six (6) megahertz during years one
(1) to five (5), October 1981 through
September 1986,
b. twelve (12) megahertz during
· (6) to ten (10), October 1986
through September 1991, and .
c. eighteen (18) megahertz thereafter,
commencing October 1991
shall be offered as part of basic ser-
vices, but no leased channel shall be
counted toward the nfinimum number
of choxmele or programming required
to be offered in basic services.
Sec. 6.12. Pay Television Services.
[ offer to subscrib-
ers at least two (2) television services
for additional per vlew, per channel, or
per tier rates. Each pay television ser-
vice shall offer substantially different
programming choices than those avail-
able on basic or other pay television
sezvlees. The policy of the Grantor is
to encourage the availability of diverse
pay television services, and that the
rates for such services shall be applied
to reduce the rates charged for basic
services.
Upon subscriber request, the Grantee
shall provide and install, at no cost to
subscriber a lackfug device which
the subscriber can use at will to pre-
vent viewing of the pay television set-
vices. If any subscriber complains to
the Grantee or to the Grantor's regula-
tory agent that an audio, video, or dig-
ital signal of a pay television service
which he neither desires nor agrees to
receive is in fact being received on his
television terminal, or that a pay tale-
v~sion service interferes with a sub-
scriber service, then, within forty-eight
(48) hours of notice, the Grantee
shall:
a. correct the leakage or interference
v~thout injury to any other subscriber
b. discontinue the pay television ser-
vice until the leakage or interference
c. conclude an adjustment agreement
Special Session, July 29, 1981
satisfactory to the complaining sub-
Any new, modifed, substituted
added or deleted pay services shall be
made only with the consent of the
local regulatory agent.
The local regulatory agent may
request the addition or deletion of a
pay television service.
The rates charged for a pay televi-
sion service shall not exceed those
approved by the Grantor.
Sec. 6.13. Emergency Power and
Override.
Tbe Grantee shall design, construc~
and maintein the cable services deli-
very system to provide;
a. an emergency power source at the
headend in the City sufficient to oper-
ate the entire system,
b. an audio override of all channels
and
c. a channel which shafi be used for
emergency broadcasts of both audio
and video.
The Grantee shall provide, in a loca-
tion designated by the Grantor, all
equipment for use of the emergency
override and emergency channel. In
the event of an emergency or disaster,
upon the request of the City Manager,
the Grantee shall make its override
facilities available to the Grantor for
emergency use. The Grantee shall not
use the emergency override except
according to regulations approved by
the local regulatory agent. The Gran-
tee shall indemnify and save the
Grantor harmless ffom and against any
and all claims arising from the
Grantor's use of the emergency chan-
nel.
Sec. 6.14. Incorporation of AppHca-
The Grantee shall peform all services
specifically set forth in its application
to deliver cable services within the City
of Dubuque, and by its acceptance of
this franchise. The Grantee specifically
grants and agrees that its application
of 23 July 1981 is thereby incorporated
by reference and made a part of this
franchise, contract and ordinance. In
the event of a conflict between such
proposals and the provisions herein,
that provision which in the opinion of
the Grantor provides the greatest ben-
efit to the Grantor or subscribers shall
prevail. Failure of the Grantee to
deliver cable services as promised shall
be deemed a material breach and sub-
ject this contract to the revocation
procedure of this franchise. Sec. 6.15. Updating.
No later than each October first
(1st) of each year 1986 through 1995,
the Grantee shall provide for updat-
lng, two hundred thousand dollars
($200,000.00), up to a total of two mil-
lion dollars ($2,000,000.00 during the
twenty (20)-year term of this franchise.
The Grantor and Grantee shall jointly
determine how to most appropriately
expend such monies for updating the
Dubuque cable services delivery sys-
tern. Updating monies may be
expended as such become available,
may be advanced on account for
expenditure, or may be invested for
later expenditure along with all inter-
est earned thereon. Such monies shall
not be used in lieu of operational,
repair, maintenance, or replacement
funds or obligations.
If any updating funds remain unex-
pended as of 1 April 1997, such shall be
distributed equally among the then
basic subscribers on their statements
for that month.
STANDARDS
Sec. 7.1. Performance Sinndards.
The Grantee shall design, construct,
operate, maintain and update, the
cable services delivery system in accor-
dance with the most recently adopted
technical performance standards of the
Federal Communica6ons Commission
or the local regulatory agent, which-
ever are the more stringent. Because of
the rapid technological advances
occurring in telecommunications, any
set of standards is quickly outdated,
and because this living franchise seeks
a continually updated cable system
with highest quality technical perfor-
mances and delivered services, the per-
formance standards shall be regularly
reviewed and updated. Annually the
local regulatory agent shah review the
technical performance standards, tests
and measurements, and complaints
pertaining to the Grantee's system.
Every five (5) years the local regula-
tory agent shall update such standards
to reflect the quality of performance
being delivered in the best cable sys-
tenm then operating in the United
States. The updated performance stan-
darlls enacted by the City Council
shall be binding on the Grantee when
adopted and until succeeded by yet
another set of updated standards.
If updated performance standards
result in costs aignificantly greater
than those projected in the incor-
porated application, such excessive
costs should be favorably considered
by the Grantor in evaluating a rate
increase requested by the Grantee or in
adding services to generate additional
Sec. 7.2. Modification of Standards.
Notwithstanding that the cable sys-
tem may be in compliance with all
324
Special Session, July 29, 1981
applicable standards to resolve isolated
or persistent problems of service deli-
very, signal quality, interference or
other such problems, the Grantor may
require a reasonably higher level of
performance in any section of the ser-
vice area or for any service. The Gran-
tee shall comply with such a require-
ment.
Sec. 7.3. Performance Measure-
ments.
Annually the Grantee shall conduct
tests and measurements as specified
herein on the performance of the cable
services delivery system, and shall file
one (1) copy of such reports with the
Dubuque City Clerk and one (1) copy
with the Grantor's regulatory agent no
later than the last day of the Grantor's
fiscal year.
Test procedures used in verification
of the performance standards shall be
in accordance with current telecommu-
nications practice and such procedures
as may be adopted by the Grantor.
Any such procedures adopted by the
Grantor shall be designed to reflect
system performance during normal
operations, shall be updated from time
to thne, and shall be binding on the
Grantee.
To the extent that reports of tests
and measurements as required by the
Grantor may be combined with reports
of measurements required by the Fed-
eral Communications Commission, the
Grantor shall accept such combined
reports, provided that all standards or
measurements herein or hereafter
established by the Grantor are fully
satisfied.
Sec. 7.4. Additional Tests and Mca-
The Grantor reserves the right to:
a. require additional tests at specific
terminal locations at the expense of
the Grantee if such tests, in the opin-
ion of the Grantor's regulatory agent,
is needed to verify questioned perfor-
b. conduct its own inspections of the
cable system perledically and at any
time.
The Grantor, its agent, or an individ-
ual may perform tests ona subscriber's
premises, provided the subscriber con-
sents and the Grantee's property is not
damaged.
Sec. 7.5. General Performance
Requirements.
The cable services delivery system
must be so designed, constructed
operated, maintained, and updated as
to meet the following general require-
ments:
a. capable of continuous twenty-four
(24) hour daily operation,
b. capable of operating over an out-
door temperature range of -40 degrees
Fahrenheit to +140 degrees Fahrenheit
without catastrophic failure or irrevers-
ible performance changes over vacia-
tions in supply voltages from 105 to
130 volts AC,
c. capable of meetlag all specifica-
tions set forth herein over an out~toor
temperature range of -10 degrees
Fahrenbeit to +100 deg?ees Fahrenheit
over variations in supply voltages from
105 to 130 volts AC,
d. avoiding interference with recep-
tion of off the ah' signals by non-sub-
;cribers to the cable system,
e. complying with all applicable rules
and regulations promulgated by the
Federal Communications Commission,
f. assuring the delivery of all sub-
scribers of standard color and mono-
chrome signals on the Class I and
Class II cable television channels with-
out noticeable picture degradation or
visibile evidence of color distortion or
other forms of interference directly
attributable to the performance of the
cable system.
g..preclading entry or interference of
any undesirable radiation or signal into
the cable system which is detectable in
a subscriber's monitor.
Sec. 7.6. Class I and II Channel Per-
formance Requirements.
The follewlag requir6mente apply to
system performance on the Class I and
Class II cable television channels as
measured at any subscriber terminal
with a matched termination:
a. The signal level as measured at
the visual carrier frequency for each
cable television channel shall not be
less than 1,000 microvolte across at 75
ohm terminating h~pedance. The aural
carrier level shall be maintained
between 13 and 17 decibels below its
associated visual carrier level,
b. The visual carrier signal lsvel on
each television channel shall be main-
t ained within:
1. Twelve (12) decibels above its
minimum value; and
2. Three (3) decibels of the signal
level of any visual carrier within six (6)
megahertz nominal frequency separa-
tion; and
3. Twelve (12) decibels of the visual
cander signal level on any other cable
television channel,
c. The cable system frequency
respolme as measured at any subscriber
terminal shall not vary by more than
plus or minus two (+/--2) decibels
over the six (6) megahertz bandwidth
of any VHF television channel or cor-
responding portion of the FM or mid-
band frequency spectrums,
Special Session, July 29, 1981
325
d. The corrected ratio of visual sig-
nal level to system noise shall not be
less than forty-two (42) decibels.
e. Cross-xnodulation as measured at
any visual carrier frequency from the
cable system input to any subscriber
terminal shall not exceed minus forty
eight (-48) decibels (as defined by
NCTA Standard 002.0267) measured at
approximately plus seventy (+ 70)
degrees Fahrenheit,
f. The ratio of visual carrier signal
level to the RMS amplitude of any
coherent disturbances such as inter-
modulation products, system generated
or induced cochannel signals or dis-
crete frequency interferrlng signals
shall not be less than forty-six (46)
decibels except for officially assigned
offset carries for which it shall not be
less than tl~rty-six (36) decibels,
g. The terminal isolation between
subscribers shall not be less than
twenty (20) decibels except that the
isolation between multiterminals of
one subscriber shall not be less than
eighteen (18) decibels,
h. The hum modulation as measured
over the usable frequency bandwidth
from cable system input to any sub-
scriber terminal shall not exceed three
percent (3%). The percent of a hum
modulation is defined as the ratio
expressed in percent of the average
level of the detected signal to one-haft
(1/~) the indicated peak AC hum, and
i. Radiation from a cable television
system shall be in accordance with the
limits set forth in 47 C.F.R. 76.605 (a)
(~2).
Sec. 7.7. Measurements Procedures.
All measurements shall be made
from the head end of the cable services
dellvery system to at least three (3)
subscriber locations in each local dis-
tribution system, at least two (2) of
which shall be worse case locations
(system extremities). Measurements
shall be made at seventy-five (75)
ohms with the loss of the set trans-
former indicated where applicable for
each test location. The measurements
shall be made as follows:
a. Network frequency response mea-
surements may be made with a call-
brated signal generator, variable
attenuator and frequency selective
voltmeter (if an accurately calibrated
field strength meter is used for the
measurements, its date of calibration
shall be indicated on the technical
measurement certificate filed with the
Grantor). All television signals except
for ALC, ACC, or ASC pilot carrier
may be disconnected during this test.
With all automatic gain control ampli-
fiem in the section under test set to
their normal operating mode, the sig-
nal generator shall be connected to the
input of the cable system and set for a
CW signal at the desired frequency and
location. With the metsr and variable
attenuator connected in series to the
subscriber tsrminal under test, the sig-
ual level be measured and recorded.
Measurement shall then be made in
the similar manner for all video carrier
frequencies on the network at the
levels normally carried on the net-
work,
b, Network signal-te-naise measure-
merits nmy be made in accordance
with NCTA Standard 005.0669 or with
a calibrated signal generator and fre-
quency selective voltmeter connected
as described in subsection (a) above.
Tbe signal generator simll be turned, in
turn, to the visual carrier frequency of
each FCC-designated Class I cable
television channel and the signal level
at the subscriber terminal recorded.
The meter should then be tuned to a
fi'equency two point five (2.5) mega-
hertz above the visual carrier fre-
quency of each channel described
above and with the signal generator
disabled, the indicated noise level
recorded and corrected by an appropri-
ate factor representing the ratio four
(4) megahertz to the noise bandwidth
of the frequency selective voltmeter,
c. The network cross-modulation
measurement shall be performed in
accordance wih NCTA Standard
002.0267,
d. The amplitude of the discrete fre-
quency interference within a cable tele-
vision channel may be determined with
a frequency selective voltmeter, cali-
brated for adequate accuracy,
e. The terminal isolation between
any two subscriber terminals may be
meosured by applying a signal of pre-
determined amplitude from a signal
generator to one terminal in the
reverse direction and measuring the
amplitude of that signal at the other
terminal with a frequency-selective
f. The system hum modulation may
be measured at each visual carrier fre-
quency on the system using a call-
brated signal generator, a detector and
an oscilloscope. Tbe signal generator
shall be connected, and the level and
frequency set at a predetermined mode
with all other channels set at their
normal levels. With the detector and
oscilloscope connected to the sub-
scriber terminal, the average level of
the detected signal and the peak-to-
peak AC hum will be indicated on the
oscilloscope. The percent of hum mod-
ulation for this purpose is defined as
326
Speci~lSession, July29, 1981
the ratio, expressed in percent, of the
average level of the detected signal to
one-haft of the indicated peak-to-peak
AC hum, and
g. Radintion measurements shall be
mede in accordance with the proce-
dures established in 47 C.F.R.
70.609(b)( t )-(b)(5).
Unless otherwise required herein or
by applicable regulations, the video
terminal used in testing, particularly
when the subscriber's viewing is
involved, shall be comparable to the
terminal usually used by subscribers in
this system.
Sec. 7.8. Method of Installation.
All wires, cables, amplifiers and
other property shall be constructed
and installed in an orderly manner
consistent with the best practices in
telecommunications. All cables and
wires shall be installed parallel with
existing electric and telephone wires
whenever possible. Multiple cable con-
figurations shall be arranged in parallel
and bundled, with due respect for
engineering and safety considerations.
Sec. 7.9. Subscriber Installation
Standards.
The Grantee shall design, construct,
upgrade, update, and maintain any
part of its system which is installed
on or within the subscriber's premises
in accordance with the subscriber
installation standards adopted by the
local regulatory agent. From time to
time the local regulatory agent shall
update and adopt subscriber instnila*
tion standards to reflect the highest
and most current quality of telecom-
munication installations on or within
subscriber premises; such standards
shall be binding on the Grantee.
Subscriber installation standards
shall apply to new as well as existing
installations. If a large number of sub-
standard installations come to light as
existing prior to the effective date of
this franchise, the Grantor's regulatory
agent shall permit the Grantee a rea*
sonable time to correct the prior exist-
lng substandard installations provided:
a. such substandard conditions are
made known within the first two (2)
years of this franchise, and
b. the Grantee shall make significant
progress in correcting such installa-
tions, and
c. correction of prior existing sub-
standard installations shall not inter-
fete with new construction, instaiin-
tion, maintenance, and
d. all such corrections are completed
within the first thirty (30) months of
this franchise.
Failure by the Grantee, its employ-
ecs, or agents to install according to
the subscriber installation standards
adopted by the local regulatory agent,
or to correct a substandard instalin-
tion, shall subject the Grantee up to a
full rebate for all cable services deli-
vered to the affected subscriber while
the i~nproper or substandard instalin-
fion remains. In all questions relating
to subscriber installations, standards,
corrections and rebates, the determina-
tions of the local regulatory agent are
final and binding.
Any builder, developer, owner, or
subscriber may pre-wire a building for
cable, or may contract the Grantee to
pre-wire a building for cable. If the
Grantee pre-wires a building, the
charges for such, if any, shall not
exceed those approved by the Grantor
or its agent, and shall be to the
builder, developer, owner, or subscriber
authorizing the installation. Sec. 7.10. Use of Poles.
In areas where electric utility facili-
ties are aboveground at the'time of
cable installation, the Grantee may
install its wires and cables and ampli-
tiers aboveground provided that the
Grantee;
a. shall negotiate the appropriate
pole attachment agreements with
owners of the poles, and
b. shall place its service underground
as hereafter specified.
The Grantee shah not erect, for any
reason, any pole on or along any street
or public way of the City, except as
may be reasonably required or neces-
sary to ifil small gaps in the existing
aerial utility systems, and then only
with the advance written approval of
the City Manager.
In the event that neither a federal or
state agency shall regulate pole
attachment agreements, the Grantor
shall have the option for regulating
proper charges for attachment to util-
ity poles, and such ordinances and reg-
ulations shall be binding on the
Grantee.
Sec. 7.11. Undergrounding.
The Grantee shall place all its trans-
mission and distribution lines under-
ground where all or any portion of the
lines of the electric facilities are under-
ground, or where such may hereafter
be placed or required by the Grantor
to be placed underground. In cases
where adequate space exists, either in
existing or new facilities, to permit the
Grantee to feasibly share underground
facilities with the utility companies,
such companies and the Grantee shall
negotiate to share such facilities at
reasonable cost. The Grantor may
assist the Grantee to conclude suc-
cesstul negotiations with the electric
Special Session, July 29, 1981
327
and telephone companies for the shar-
ing of underground facilities. Failure to
negotiate sharing of underground faci-
lities or failure to xneet construction
or installation schedules shall not
excuse the Grantee's obligation to
deliver services or to install under-
ground lines.
Sec. 7.12. Public Property Rights.
Nothing in this franchise shall grant
to the Grantee any right of property in
any street or way or other City-owned
property, nor shall the City be com-
pelled to maintain any of its streets or
property any longer than, or in any
fashion other than in the Grantor's
judgrnent, its own needs may require.
In the event continued use of a
street is denied to the Grantee by the
Grantor for any reason, the Grantee
shall make every reasonable effort to
provide service over alternate routes.
Sec. 7.13. Private Property Rights.
No trunk or feeder cable, feeder
amplifier, or other feeder equipment
owned or used by the Grantee shall be
installed on private property without
first securing a written easement
recorded at the Dubuque County
Recorder's office. No drop cable or
associated equipment owned by the
Grantee shall be installed on private
property without first securing the
informed oral or written permissi!,n of
the owner of any property involved. If
such permission is later withdrawn,
whether by the original or subsequent
owner, the Grantee shall remove forth-
with any of its equipment which is
movable and promptly restore the
property to its original condition.
All written permissions and assign-
merits for use of private property shall
be indexed and maintained in the
Grantee's local office, and shall be
available for inspection during business
hours by the local regulatory agent.
Sec. 7.14. Prior Property Uses.
All agreements, grants, permits, ease-
ments, uses, whether expressed,
implied, or assumed, existing between
the Grantor, a utility company, prop*
erty owner, or leaseholder prior to the
effective date of this franchise and per-
raining to the use of real property for
the use, installation or extension of the
Grantee's cable services system, shall
not be valid for the exercise of any
right or privilege granted by this fran-
clfise, unless such shall conform in all
respects with the provisions of this
franchise, and shall have been
approved by the local regulatory
agent.
Sec. 7.15. Compliance with Codes.
a. All construction practices of the
Grantee shah be in accordance with all
applicable standards of the Occupa-
tional Safety and Health Act of 1970
and any amendments thereto as well
as all applicable state and local codes.
b. All installations of electronic
equipment by or for the Grantee shall
be of a permanent nature, durable and
installed in accordance with the appli-
cable sections of the municipal ordi-
nances and all state and local codes
where applicable, and to the extent it
is consistent with such laws, the most
recent edition of the National Electri-
cai Safety Code.
c. The Grantee's antenna supporting
structures (towers) shall be designed
for the proper loading zone as specified
in Electronics Industry Association's
R.S.-222-A Specifications, or as speci-
fled by the City Manager.
d. The Grantee's antenna supporting
structures (towers) shall be painted,
lighted, erected and maintained in
accordance with all applicable rules
and regulations of the Federal Aviation
Administration, the State Aeronautic's
Board governing the erection and oper-
ation of supporting structures or televi-
sion towers, and all other applicable
localor state codes and regulations.
e. The Grantee shall first obtain the
approval of the City Manager, ff such
shall be required, prior to commencing
any construction beneath, on, or above
the streets, alleys, public grounds or
places of the City or any area within
the City limits. Applications for
approval of construction shqll be in a
form provided by the Grantor.
f. The Grantee shall not open or dis-
turb the surface of any street, side-
wa]k, driveway, or public place for any
purpose without first having obtained
a permit to do so in the manner pro-
vlded by ordinance.
g. The Grantee simll construct, oper-
ate, maintain, reeonstrtlct, and update
its cable services delivery system sub-
ject to the supervision of all of the
authorities of the City who have juris-
diction in such matters and in strict
compliance with all laws, ordinances,
and departmental rules and regulations
affecting the system.
h. Any earth station, antenna, tower,
or equipment for receiving signals from
or txansmitting signals to a point out-
side the corporate limits of the City
shall be registered, certified, and
licensed by the Federal Communica-
tions Commission, except to the extent
the Federal Communications Commis*
sion does not in any event regulate
such equipment or use.
i. Any antenna stwucture of the
Grantee shall comply with applicable
zoning ordinances and with construc-
328
tion, marking and lighting of antenna~
structure, 47 C.F.R. 17. et. seq., Sep-
tember 1967, or such standards as may
be adopted by the Grm~tor.
j. The Grantee shall at all times use
special care and shall use commonly
acceped methods and devices for pre-
venting failures and accidents which
are likely to cause damage, injuries, or
nuisances to the public.
Sec. 7.16. Construction Conditions.
a. All wires, conduits, cables and
other property and facilities of the
Grantee shall be so located, con-
structed, installed and maintained as
not to endanger or unnecessarily inter-
fere with the usual and customary
trade, traffic and travel upon the
streets and public places of the City or
with the rights or reasonable conve-
nience of adjoining property ownerS, or
with any gas, electric, or telephone fix-
ture, or with any water hydrants,
mains, or sewers. In the event of any
such hazard or interference as deter-
mined by the Grantor, the Grantor
may require the removal of the Gran-
tee's poles, Hnes, cables, and appurte-
nances from she property in question.
The Grantee shall keep accurate maps
and records of ali its facilities and fur-
nish copies of such maps and records
as requested by the Grantor, and shall
keep and maintain all its property in
good condition, order and repair. The
Grantor reserves the right hereunder to
inspect and examine at any reasonable
time and upon reasonable notice the
property owned or used, in part or in
whole by the Grantee.
b. Any and all streets or public
places which are disturbed or damaged
by the Grantee during the construc-
tion, operation, maintenance, updating
or reconstruction of its cable system or
facilities, shall be promptly repaired by
the Grantee, at its expense, in a man-
ner approved by the Grantor, or at the
option of the Grantor, shall be repaired
by she Grantor and paid for by the
Grantee. Any private property which is
disturbed or damaged by the Grantee
during the construction, operation,
maintenance, updating or reconstruc-
tion of its cable system or facilities,
shall be promptly repaired as in good a
condition as before the damage
occurred by the Grantee, at its
expense, in a manner approved by the
owner. In the event the Grantee, upon
receipt of written notice, fails to per-
form such repair, the owner shall have
the right to do so at the expense of the
Grantee. payment for such repair shall
be in, mediate, upon demand by the
c. With explicit, prior written notifi-
cation and approval of the Grantor,
Special Session, July 29,1981
the Grantee shall have authority to
.rim trees that are oveshanging streets,
alleys, sidewalks, and other public
places of the Grantor so as to prevent
the branches or such trees from coming
in contact with the wires and cables of
she Grantee. All trimming is to be done
under the supervision of the Grantor
and at the expense of the Grantee.
d. The Grantee shall, at ite'expense,
protect, support, temperacily discon-
nect, relocate te other public place,
any property of the Grantee when
required by the Grantor by reason of
traffic conditions, public safety, street
vacation, street construction, shange or
establishment of street grade, installa-
tion of sewers, drains, water pipes,
street lights, city-owned power or sig-
nai lines, and tracks or any other type
of structure or improvement bY public
agencies.
e. The Grantor shall give the Gran-
tee reasonable notice of pla~s for street
improvements where paving, resurfac-
lng, or curbing of a permanent nature
is involved. The notice shall give the
Grantee sufficient time to make rea-
alterations or repairs to its
facilities in advance of the actual eom-
meneement of the work, so as to per-
mit the Grantee to maintain continuity
of service,
f. If, at any time, in case of fire or
disaster in the City, it shall become
necessary in the reasonable judgment
: Grantor's agents to cut or secure
any of the wires, cables, amplifiers,
appliances, or appurtenances theret~ of
the Grantee, such cutting or remowng
may be done and any repairs rendered
necessary shereby shall be made by the
Grantee, at its safe expense provided
such repairs are not necessitated by the
negligent act of the GrantOr, in which
case, costs for repairs shall be borne by
she Grantor.
g. The Grantee shafi, at the request
of any person holding a building mov-
ing permlt, temporarily remove, raise,
or lower its wire to permit the moving
of said building, provided the Grantee
h~s been given not less than ten (10)
working days notice of such move. The
reasonable cost of such tqmporary
removal, raising, or lowering ~of wires
shall be paid by she person requesting
the same, and the Grantee shall have
she authority to require such payment
in advance.
h. Before the Grantee shall select,
purchase, lease or use any equipment
in its cable system, it shall seek the
concurrence of the local regulatory
agent. The failure of such agent te
concur with the Grantee's judgement
shall be deemed as notice tO the Gran-
tee that any failure in the operation of
Special Session, July 29, 1981
329
its system, or any reduced or lacking
capacity, in relation to such equipment
shah be knowing and negligent.
Sec. 7.17. Construction Schedule.
Unless otherwise specified herein, the
construction of the cable services sys-
tern shall be completed as scheduled in
the Grantee's application. At least
once every sixty (60) days during the
construction period the Grantee shall
deliver to the local regulatory agent
detailed plans and an updated detailed
construction schedule. Failure to meet
this construction schedule shall result
in the Grantee's forfeiture of its con-
straction bond.
In any event, all initial construction
and the activation of aH services shall
be completed within seventy-two (72)
months after the effective date of this
franchise. Failure of the Grantee to
perform completely its promised con-
strution and to activate all its pro-
raised services within the seventy-two
(72) month period shall result in revo-
cation of this franchise.
The Grantee acknowledges its com-
mitment to obtain aH necessary per-
mits, to arrange all necessary agree-
ments, and to complete all
construction and activations, and
e~grees to abide by any sanction
allowed and imposed for its failure to
meet its commitments.
The Grantor shall not require full
forfeiture of the Grantee's construction
bond if a delay is due to an act occa-
sioned exclusively by violence of
nature without the interference of any
human agency, provided that prior to
the act the Grantee shah have imple-
mented all reasonable measures to pre-
vent such delay, and after the act shall
promptly proceed without delay to
construct its system.
LOCAL REGULATION
Sec. 8.1. Records, Reports and Fil-
ings
The Grantee shall keep in its local
Dubuque offices, separate books
reflecting the total financial status and
operation of the Dubuque System.
Such books shah be accurate and shall
be supplied with true documentation
sufficient to sal:isfy standards for certi-
fled audits. The Grm~tee shall
promptly submit to the Grantor copies
of such books or reports as required
herein or requested by the Grantor.
The Grantee shah manage all of its
operations in the service area in accor-
dance with a policy of open books and
records. The Granter shah have the
right to inspect at any time during
ordinary business hours, aH books, rec-
ords, maps, plans, income tax returns,
financial statements, and other like
materials of the Grantee wifich relate
to its operations te the City and ser-
vice area. Access to such information
shall not be denied by the Grantee on
the basis that such records contain
proprietary information. Further, the
City Managr or Iris agent shall have
the right to ascertain the accuracy of
any and all reports, records and such,
and shall be given access, at the Gran-
tee's expense, to all supporting docu-
mentation. Any false entry in the
books of account of records of the
Grantee or false statements in the
reports to the Grantor or its agent as
to a material fact shall constitute
breach of a material provision of this
ordinance and franchise.
Copies of all petitions, applications,
and communications submitted by the
Grm~tee to the Federal Communica-
tions Commission, Securities and
Exchange Commission, or any other
federal or state regulatory commission
or agency having jurisdiction in respect
to any matters affecting cable services
or operations authorized pursuant to
this franchise shall be submitted simul-
taneously with the City Manager.
If the original records, reports, ffi-
ings, supporting documentation and
such are not kept within the local
office, the Grantee shall transmit as
requested by the Granter true and cer-
tiffed copies of such to the Grantee's
local offices, and the Grantee shall,
upon request by the City Mmmger, at
its expense, provide reasonable trans-
portation for the City Manger and bis
agents to the office where such original
records are kept.
Sec. 8.2. Annual reports.
The Grantee shall file annually with
the Dubuque City Clerk, no later than
March 31 of each year, two copies of:
a. the Grantee's report to its stock-
holders,
b. an expense and income statement
identifying all revenues, expenditures,
and income applicable to its Dubuque
operations under this franchise,
c. a listing of all properties related to
the Dubuque cable operations together
with an itemization of its investment
to each such properties on the basis of
original cost, less depreciation, includ-
lng a balance sheet, listing of ~iabifities
and financial arrangements, and such
other information as the GrantOr may
request, and shall be certified by a
Certified Public Accountant licensed to
offer professional financiaf services in
the State of Iow~
d. a total facilities report for the
Dubuque system setting forth the total
physical miles of plant installed or in
operation during the fiscal year, and a
880
Special Session, July 29, 1981
map, the scale of winch shall be no less
than one inch (1") equals four hundred
feet (400') and no larger than one inch
(1") equals one hundred feet (100'),
showing the location of such,
e. for the Dubuque System, a sum-
mary of complainte communicated to
the Grantee, outages experienced dur-
ing the year, including complaint dis-
position, response time, and repairs
made,
f. a report on Dubuque cable services
delivery system's annual technical
g. a list of all corporate shareholders
and bendholders both of record,
h. a current list of all Grantee's cor-
porate officers and directors including
addresses and telephone numbers,
i. except for contracts required by a
party other than the Grantee to be
held confidentially, all agreements or
contracts entered into by the Grantee
during the fiscal year which pertain to
or affect the Dubuque system.
j. the names and both business and
residential addresses and telephone
numbers of the local cable system
manager and engineer,
k. all types of Dubuque cable sub-
scriber agreemente,
1. all rules and regulations which
relate to Dubuque cable subscriber set-
vices and relatlonsinps, and
m. all reports required to be filled by
any other agency winch relate directly
or indirectly to the Dubuque system.
The Grantor reserves the right to
view all confidential agreements and
contracts winch pertain to or affect the
Dubuque system, provided reasonable
o~surance~ are given that such infor-
mation will remain confidential.
Sec. 8.3. Local Regulation of Signal
Carriage.
In the event the United States Con-
gress or the Federal Communications
Commission or any court of competent
jurisdiction deregulates signal cm~riage
or allows any greater degree of local
regulation of signal carriage, the sig-
nals carried at that time and any sub-
sequent changes in such shall be
subject to the approval of the local
regulatory agent. The Grantor may
direct the Grantee to carry or cease
carriage of a signal.
In order to operate its system in the
public interest and retain desired local
flavor, the Grantee agrees that all pro-
gramming and signal carriage shall be
subject to the prior approval of the
local regulatory agent.
Sec. 8.4 Rates and Services.
Every rate or charge requested of or
billed to a subscriber, and every agree-
ment, service, or anything of value
offered or delivered to a subscriber, by
the Grantee, its employees or agents,
or by any entity in relation to the
operation of the cable service defivery
system shall be subject to the prior,
specific approval of the Grantor. No
such rate shall exceed that specifically
approved by the Grantor. No charge
shall be levied except for a service spe-
cffically allowed by the Grantor. The
Grantor's right to regulate all agree-
ments, services, rates, and transactions
in relation to the cable system shall
incinde, but is not limited to: any con-
tract, easement, or permit; any rental
or sale of equipment, device, stock,
share, or interest; any free or special
offer, compensation, refund, rebate,
discount, interest, or penalty; any rate
tion, outlet, basic or pay service, FM
any outage or failure to deliver an
approved or promised signal quality,
cable service, or perform hny test and
or file any required report or informa-
tion, or obtain any required permit,
approval or certification.
In the event the United States Con-
gress or the Federal Communication
jurisdiction deregulates rates generally
or specifically or allows any greater
degree of local regulation of rates, the
rates for all services offered on the
cable system in effect at that time and
all subsequent modification of or new
rates shall be subject to the approval
of the Grantor.
All rates shall be those approved and
adopted by the Grantor in a separate
ordinance not subject to the amend-
ment or voter referendum procedures
of tins franchise. Both the Grantor and
Grantee may initiate a recommenda-
tion for a change in rates. When such a
change is recommended, the Grantee
shall provide all financial and technical
data related to the Dubuque system to
the Grantor in Dubuque. The Grantor
shah not decrease the rates without
the concurrence of the Grantee.
The Grantee shall offer current
holders of contracts a special rate pro-
vided the holder of such contract
annually identifies him/herself to the
Grantee. Such special rate shall not be
transferaine, shall not be extended
beyond the term of this franshise, and
shall not be aggregated with any other
special rate.
The Grantee shall offer a special
rate for a senior citizen provided that
such citizen demonstrates to the Gran-
tee that he/she is sixty-five (65) years
of age or older and head of the house-
hold where the service is delivered.
Special Session, July 29, 1981
331
Sec. 8.5. Franshise Fee.
The Grantee shall pay annual fees to
the Granter
a. for regulating the Grantee to
assure compliance with all provisions
of this franchise,
b. for promoting knowledge and deli-
very of se~rlces via cable,
c. for the operations of the cable
related entities of the Grantor,
d. for the use of streets of the City,
and
e. for the franchise granted herein.
The amount of the fee to be paid
annually shall be paid out of the rates
approved by the Grantor, and shall be
equal to five per cent (5%) of total
Unless otherwise prohibited by law,
the Grantor may adjust any fees listed
herein after approval at an election.
The removal of federal limitations on
the fees collectable shall not be consid-
ered an increase by the Grantor.
The franchise fee shall not be listed
as a separate item or portion in any
statement or billing to a subscriber,
nor listed or referred to as a tax. Sec. 8.6~ Payment of Fee.
For each year whole or part that this
contract or any renewal or extension
thereof is in effect, the fees due the
Grantor shall be calculated on an
annual basis corresponding to the
City's fiscal year, and the Grantor
shall make its payment of fees on the
first day of the fiscal year for which
the fees are calculated and due.
The amount due on the first day of
the fiscal year shall be no less than
ninety percent (90%) of the total fees
anticipated to be due for that year, as
determined by the local regulatory
agent ninety (90) days prior to the
begimting of the applicable fiscal year
and communicated to the Grantee.
No later than the twentieth (20th)
day after the end of each fiscal quar-
ter, the Grantee shall report to the
Grantor in such detail as the Granter's
regulatory agent may require, its gross
revenues for the immediately preeeed-
lng fiscal quarter, and shall remit
therewith the amount by which any
fee due for that quarter exceeds
twenty-five percent (25%) of the
amount due on account on the first
day of that fiscal year. In the event
the amounts paid the Grantor during
the year exceed the total amount due
for that year, the excess shall be
refunded to the Grantee within twenty
(20) days after its filing of its fourth
quarterly report and its giving the City
notice that a refund is due.
All payments due the Grantor shall
be made and delivered to the Office of
the City Manager no later than noon
local thne of the date due, or if the
City Manager's offices are closed on
that day, no later than noon local time
the next day such offices are open for
business.
In the event that any payment due
the Grantor is not made on or before
the applcaine due date and hour fixed
in any section of this contract, the
payment shall be considered delinquent
and in violation of this franchise. Each
twenty-four (24) hour period or part
thereof that a payment is delinquent
shall be considered a separate viola-
tion. Each vinlation automatically
shall be assessed one hundred dollars
($100.00) due and payable with the
payment winch is delinquent. An alter-
native sanction shall be revocation.
Payment of fees uxlder this section of
this franchise shall not be considered in
the nature of a tax, but shall be in
addition to any and all taxes or other
fees which are now or hereafter
required to be paid by any law.
Within tinrty (30) days from the
effective date of this fi'anchise, the
Grantee shall pay the Grantor all
monies due and owing to the Grantor
under the provisions of tins and any
previously enacted statute, ordinance,
franchise, or agreement, including the
first annual payment, prorated for any
part of the first year if that year is a
partial fiscal year.
In the event this franshise should be
terminated, transferred, sold, forfeited,
or revoked before its expiration date,
the Grantee shall immediately submit
to the City Manager a financial state-
ment showing the gross revenue of the
Grantee for the time elapsed since the
last quarter reported and winch the
Grantee has paid in full to the Grantor
the required percentage of gross annual
revenue. The Grantee shall pay to the
Grantor not later than thirty (30) days
following such termination, but prior
to the expiration or lapse of its faithful
performance bond, ali fees due.
Sec. 8.7. Rights of Recomputation.
No acceptance of any payment or
fee by the Grantor shall be construed
as a release or as an accord and sat-
isfaction of any claim the Granter may
have for further or additional sums
payable as a franchise fee under this
ordinance or for the performance of
any other obligation of the Grantee.
All amounts paid by the Grantee shall
be subject to audit and recomputation
by the Grantor or its agents.
Sec. 8.8. Subscriber Payments.
Unless expressly approved by the
local regulatory agent after a public
hearing, every cable delivered service
332
shall be billed using the calendar two
months as the chargeable period. The
subscriber's account shall be due and
payable on the last day of the charge-
able period. The subscriber shall have
at least ten (10) days after the end of
the chargeable period or the receipt of
his current statement, whichever is
later, in which to pay his account
without penalty.
Basic and pay television subscribers
shall be offered an annual rate which
shall be eleven (11) times the monthly
rats for twelve (12) months of service.
The Grantee may require an
advance payment only for an installa-
tion, connection, or reconnection
charge, and then no earlier than
twenty (20) days before the scheduled
se~ice. If a schsduled service for which
all advance payment was due and
tinxely paid, is delayed, the advance
payment shall be discounted one per-
cent (1%) for each fourteen (14) days,
or part thereof, the scheduled service is
delayed. A deposit equivalent to one
(1) month's service rate may be
charged only for a subscriber seeking
cable service for the first time in this
system, or for a subscriber who has
been disconnected for non-payment.
The deposit shall be applied to the
third (3rd) month's billing or refunded
earlier. No other advance payment or
deposit of any kind shall be required.
Every statsment, in clear and under-
standabla language, citing the actual
dollars amounts applicable, shall
inform the subscriber of any possible
delinquent charge or available dis-
count.
Sec. 8.9. Refunds for Cancellations.
If any subscriber cancels any
monthly service during the first twelve
(12) months of said service because of
the failure of the Grantse to render the
service in accordance with the stan-
dards set forth in this franchise or
advertised by the Grantee, on applica-
tinn of the subscriber and, if requested,
approval of the local regulatory agent,
the Grantee shall refund the subscriber
an amount equal to the installation
connection, or reconnection charge
paid by the subscriber multiplied by
the fractinn of the twelve (12) month
period for which the subscriber will not
be receiving service. A similar portion
of any advance payment shall be
refunded.
If a subscriber cancels, for personal
reasons, any monthly service prior to
the end of a prepaid period, a prorata
portion of the prepaid rate, using the
number of days as a basis, shall be
refunded to the subscriber by the
Grantee,
Special Session, July 29, 1981
Sec. 8.10. Subscriber Usage.
The Grantee shall not limit the
mmber of outlets a subscriber may
have installed or are within the charge-
able unit, no shall the Grantse charge
any additional monthly rate for the
second outlet itself.
Sec. 8.11. Subscriber ~Terminal
Equipment.
Any convertsr, remote control unit,
amplifier, switching device, computer,
or any sort of subscriber terminal
equipment required or available for use
by the subscriber for reception or
el~hanced reception bf a cable delivered
service shall be made available at com-
petitive prices for the subscriber to
~urchase should he so elect. If compa-
table and compatible equipment is
available from different manufacturers
or sellers, the Grantee shall not restrict
or impede, directly or indirectly, the
use or purchase of such equipment
unless the local regulatory agent agrees
that alternative equipment would
unduly interfere with the transmission
and reception of a cable delivered ser-
vice. Tile Grantee shall not require the
subscriber to purchase any such equip-
ment as a condition for a cable deb-
vered service unless the local reg-
ulatory agent has determined that sub-
scriber ownership of a particular
equipment is an appropriate and just
requisite for reception of a given cable
service.
The Grantee, either on its own or in
cooperation with any person or entity,
shall not prohibit, interfere with,
impede, discourage, charge for, prose-
cuts, or file charges against any sub-
scriber's recording or' subsequent pse of
any program or signal transmission in
the cable service system unless other-
wise provided for herein.
The Grantee shall not use or requlre
any equipment in its system which
would preclude the use of a remote
control channel selector or which
woukt impak a signal or devise espe-
cially designed to improve reception for
the physically handicapped.
Sec. 8.12. Subscriber's Antenna.
The Grantse shall not require the
removal, or offer to remove or provide
an inducement for removal of any
potential or existing subscriber's
antsnna as a condition for cable set-
The Grantee, upon request from a
subscriber, shall install at a reasonable
charge therefor, as approved by the
Grantor, a switching device to permit
the subscriber to use his own antenna
at will.
Sec. 8.13. Outages.
Since the delivery of diverse and
quality services is a significant concern
Special Session
in the granting of this franchise and a
major basis for ratss charged subscrib-
ers, each and every outage shall be
subject to adjustment, rebate, and
sanction, except that evanescent
glitches which are not persistent and
fleeting automatic switching breaks
shall not be considered outages. For an
outage, the Grantce may offer to pro-
vide a subscriber an adjustment in a
service acceptable to the subscriber.
The local regulatory agent may
approve an adjustment as sufficient
compensation for a cable service fail-
ure. For an outage, the Grantee may
offer a monetary or credit rebate to a
subscriber. The local regulatory agent
may approve a rebate as sufficient
compensation for a cable service fail-
ure. The local regulatory agent may
direct the Grantee to offer a reason-
able rebate, when in its judgement
such is warranted and equitable under
the circumstances. The Grantee shall
offer such a rebate when so directed.
In unusual circumstances the Grantor
may bnpose a sanction on the Grantee
for an extended, continuing, or reoc-
curring outage. Failure of the Grantse
to offer a rebats when directed or pay
a santion when imposed shall subject
the Grantee to revocation procedures.
Factors to be considered in offering,
approving, and requiring an adjust-
ment, rebats, and sanction for an out-
age shall include'.
a. the quality and muintsnance of
services delivered,
b. the quantity, state, and availabil-
ity of back-up equipment,
c. the past occurrences of outages,
d. the Grantse's past responses to
~utagns,
e. the length of the outage under
consideration,
f. the number of subscribers affected
by the outage,
g. the significance of the outage to
the subscriber, and
h. altsrnafive services or program-
ndng offered by the Grantee in lieu of
the defaulted service.
The cause of the outage shall not be
relevant in considering, approving, or
requiring an adjustment, rebate, or
sanction.
Sec. 8.14. Program Guide.
For each subscriber of basic and any
pay television service, the Grantee
shall provide a printed program and
channel guide which is updated elec-
tronically no less than each twenty-
foyer hours. Preference should be given
to an addressable guide as an intsgral
component of basic and pay television
July 29, 1981 333
Sec. 8.15. Channel Guide.
The Grantee shall prepare and make
available at no charge to the sub-
scriber, an accurate and up-to-date
channel and radio frequency guide gst-
lng the cable frequencies and channels
of all FM, radio, televisinn, signals, a~d
service available over the cable system.
The channel guide shall be distributed
to every subscriber, at least once each
year, and within forty-five (45) days
aftsr a changn or addition in channels
or frequency uses or services offered.
Sec. 8.16. Institutional Services.
The Grantee shall provide free of
charge to each public and non-public
school building and facility, each col-
lege, and each public building of the
institutional network, one cable and
connection and cable service per every
one hundred fifty (150) students and
employees therein. The administrator
of any such facility, without cost to
the Grantse, may extend the cable set-
vice within such facility for use consis-
tent with its institutional purpose.
Sec. 8.17. Sales and Services Prohi-
bited.
The Grantse, any and all of its offi-
cers, employees, and agents, shall not
engage, directly or indirectly, in the
selling, servicing, installing of, leasing
of tslavision or radio receivers, parts,
or accessories, anywhere within the
service area of this franchise without
the specific authorization of the local
regulatory agent, expressed after a
public hearing which shall be an-
nounced by writtsn notice published
at the Grantee's expense in a newspa-
per of general circulation at least ten
(10) days before the date of the hear-
lng. Each and every infraction of this
section shall be subject to the Gran-
tee's paying to the Grantor one hun-
dred dollars ($100.00) as agreed or
liquidated damages.
If a shop-at-home or buying service
delivered by the cable systsm results in
any amounts received by or credited to
the Grantee based on sales or as a pot-
tion of the profits generated from put-
chases made by a subscriber, such
amounts shall be included in calculat-
lng gross revenues.
Sec. 8.I8. Respondent Superior.
Any contractor or subcontractor
performing for the Grantee in the set-
vice area of this franchise, shall be
deemed to be an agent of the Grantee,
and the Grantee shall be responsible
and liable for the acts of the contrac-
tot, sub-contractoL and their employ-
ecs while so performing for the
Grantee.
SUBSCRIBER PROTECTIONS
Sec. 9.1. Availability and Continuity
334
Special Session, July 29, 1981
of Services.
All services offered by the Grantee
shall be available to every subscriber
insofar as the subscriber honors his
financial and other obligations to the
Grantee, except that the local regnla-
tory agent may designate that a partic-
ular service may or shall be restricted
to a certain class of subscribers.
If the Grantee elects to overbuild,
rebuild, modify, expand, sell or transfer
the system, or if the Grantor revokes
or declines to renew this franchise, the
Grantee shall do everything in its cot-
perate power to ensure that all sub-
scribers receive continuous, uninter-
rupted services regardless of the cir-
cumstances. In the event of a change
of Grantee, the then current Grantee
shall co-operate with the City to
oprate the system for a temporary
period, as determined by the local reg-
ulatory agent, in maintaning continu-
ity of services to all subscribers.
Without the approval of the Grantor
expressed by resolution, no Grantee or
its successor, assignee, transferee, shall
turn off the cable services delivery sys-
tsm nor allow the system to be turned
off by any other person. Any unap-
proved turnoff extending to forty-eight
(48) hours shall subject this franchise
to immediate revocation without any
notice from the Grantor.
For any turnoff of a portion of the
cable system, or any failure to deliver
services to a significant number of sub-
scribers not otherwise specifically
authorized by the local regulatory
agent, nor otherwise designated by the
said agent as an outage subject to
adjustment or rebate, the Grantee
shall be subject to a penalty in money,
payable to the Grantor, of one hun-
dred dollars ($100.09) per day for each
whole or part day that the services are
not delivered.
The Grantee shall be liable for full
rebates, as determined by the local reg-
ulatory agent, to all subscribers sub-
jected to the non-delivery of services.
An alternative sanction shall be revo-
cation. Nothing in tkis section shall
require the local regulatory agent of
the Grantor to impose such penalties if
in its judgement the non-delivery of
services is such a rare and unusual
nature that the Grantee shoukt not be
held liable in penalties other than
adjustments and rebates.
Every television or syndicated pro-
gram for which delivery shall have
begun in the cable services delivery
system shall be carried to its comple-
tion, except that a live presentation or
an isolated, rare and unusual program
carrying an announcement at the
beginning of such progra~n that it will
be curtailed before completion, may be
curtailed to allow another regularly
scheduled program to begin on time.
This provision shall not apply to a
program curtailed by a broadcast net-
work or station. A violation of this
provision shall be treated as afl out-
age.
Switching, whether automatic or
otherwise, to and from signals, pro-
grams, and services shall be accom-
plished in such a manner that no
signal, program, or service transmission
shall be discontinued for more than
five (5) seconds. Such switching in
compliance with this provision shall
not be considered an outa~.
Sec. 9.2. Rental Properties.
No landlord shall unreasonably
interfere with iris tenant subscriber's
right to pm'chase and receive a cable
service if the lawful tenant shall
request the installation of cable facili-
ties to his rented premises, except that
a landlord may require:
a. that the cable installation con-
form to such reasonable conditions as
are necessary to protect the safety,
functioning, and appearance of the
premise, and the convenience and well-
being of other tenants, if any,
b. that the tenant sa~d Grantee agree
that the landlord shall not be finan-
cially liable for any charge for a cable
installation requested by a tenant and
c. that the tenant and Grantee agree
to indemnify the landlord for any
property damage caused by installa-
tion, operation, or removal of the cable
facilities.
Sec. 9.3. Subscriber Agreements.
The form of any agreement which
the Grantee proposes to use or has
used with a subscriber shall be sub-
ject to the approval of the local regula-
tory agent. Any type of agreement
used by the Grantee and not approved
by the Grantor shall be void ab initio.
Two (2) copies of all types of agree-
ments with a subscriber used by the
Grantee shall be filed and maintained,
one (1) copy with the City Clerk, one
(1) copy with the local regulatory
agent.
No agreement, contract, or arrange-
ment pertaining to any cable matter
related to the cable services delivery
system of this franchise shall be valid
if entered into by the Grantee, whether
with a subscriber, programmer, user,
advertiser, contractor, supplier, or any
other entity, except as shall be subject
to, conditioned upon, and subordinate
to this franchise.
Sec. 9.4. Local Office Services.
The Grantee throughout the dura-
Special Session, July 29, 1981
335
tion of this franshise, shall maintain a
business office
a. wlfich shall be located within the
corporate limits of the City, and
b. which shall have a publicly listed
telephone number, and
c. which shall be reasonably access-
ible to the public, and
d. which shall be open for business
during normal business hours, and
e. which shall be managed by a per-
son who has full responsibility and
authority to deal with and resolve
local problems, and who is routinely
available to handle subscriber com-
plaints, and
f. whi~h shall maintain for inspection
all reports and data required elsewhere
herein, and
g. which shall be so operated that
written, telephonic, and personal
inquiries and complaints about types
of services, personnel, connections and
disconnections, and charges and bill-
ings, may be received and respended to
promptly during all business hours.
Sec. 9.5 Subscriber Hotline Services.
The Grantee, throughout the dura-
tion of this franchise, shall maintain on
a sixteen (16)-hour, seven-days-per-
week basis, a subscriber service hotline
(emergency services telephone line)
which shall be staffed by a repair and
troubleshooting force capable of
responding to subscriber complaints
about the delivery and non-delivery of
subscribed for services, including espe-
aially signal quality and technical set-
vices. If, between eight o'clock in the
morning and midnight, the Grantee's
personnel are not able to resolve any
such problem pomptly over the tele-
phone, then within two (2) hours, the
Grantee shall dispatch adequately
trained personnel to effect field inspec-
tions and necessary adjustments or
repairs which are designed to restore
delivery of quality services to the sub-
scriber.
During other hours, midnight til
eight (8) o'clock in the morning, the
Grantee shall provide an answering
service for its subscriber hotline and
shall respond to complaints communi-
cated during such hours no later than
10:00 AM of that day. The Grantee
shall respond to all major outages
between those hours.
If the Grantee is unable to restore
the delivery of quality services to the
subscriber within five (5) hours not
counting the ho~rs between midnight
and eight (8) o'clock in the morning,
after the comp!aining subscriber first
contacted the Grantee, then rebate
shall be made as provided elsewhere
herehi.
Sec. 9.6. Subscriber Complaint Pro-
cedures.
The Grantee shall adopt, publish,
and implement subscriber complaint
procedures which are designed to:
a. detect and correct defects and fail-
ures in the delivery of cable services,
b. speedily and satisfactorily resolve
subscriber complaints,
c. deveinp the local manager's sensi-
tivity and positive response to sub-
scriber needs,
d. improve the quality and delivery
of cable services,
e. produce an accurate record of all
subscriber comploJnts received at the
local office and actions taken to cor-
rect such,
f. provide a basis for evaluating the
Grantee's performance.
The local regulatory agent shall
adopt, publish, and implement sub-
scriber complaint procedures which
au~nent those adopted by the Grantee
and which provide an appeal forum for
subscribers.
The Grantee shall be obligated to
speedily, positively, and satisfactorily
resolve reasonable subscriber com-
plaints. Failure to do so shall be a
material violation of this franchise and
may subject the Grantee to revocation
procedures.
The video terminal used by Grantor
to test reception at a subscriber's out-
let shall be comparable to the equip-
ment ordinarily used by subscribers in
this system.
Technical or manpower limitations
shall not be an excuse for failure or
lateness to correct a complained-of
problem.
If, in response to a subscriber com-
plaint, any employee or agent of the
Grantee shall recommend that the
complained of problem could be
resolved by repairs to subscriber owned
equipment, and if a qualified and
licensed television or electronic repair-
nmn in the City shall certify in writing
that such recommended repairs are or
were not necessary to resolve the com-
plaint, the Grantee shall reimbruse the
subscriber for any and all expenses
incurred seeking such repairs, no later
than the next billing date for that sub-
scriber.
The Grantee, at its expense, shall
prepare and distribute a notice, to each
subseriber each year between the first
and seventy-fifth day of the calendar
year, and to each new subscriber
within fifteen (I5) days of his initial
payment to the Grantee, containing
full disclosure in clear and understand-
able lm~guage of all the procedures for
filing, referring, or appealing any com-
Special Session, July 29, 1981
plaint about cable services or matters,
incinding the procedures adopted by
the local regulatory agent, and the
Grantee's procedure for responding to
complalnts~
Sec. 9.7. Subscriber Privacy·
Neither the Grantee, nor any other
person, agency, or entity shall arrange
for or permit the tapping of any sub-
scriber tap, cable, line, signal output
device, subscriber outlet or receiver for
any purpose whatsoever·
Neither the Grantor, nor any other
person, agency, or entity shall monitor,
or arrange for or permit the monitoring
of emy subscriber tap, cable, line, signal
input device, or subscriber outlet or
receiver without prior written afid
authorization from each subscriber so
aftbcted, except that the Grantee may
scan all and only all subscribers for
unauthorized reception of service or for
the total number of unidentified sub-
scribers using a service at a given time·
Any request for authorization to moni-
tor shall be made available to the
authorizing subscriber in understand-
able fashion, and shall never be a con-
dition, nor even have the appearance
of being a condition, for the reception
of any cable service. Before the Gran-
tee monitors or allows any monitoving
of a cable delivered service, at its own
expense, it shall provide the affected
subscriber a signalling device which
infornaq the subscriber when his use of
a cable service is being monitored.
Nothing in this subsection shall be
construed to prohibit the subscriber's
voluntarily sending, and the Grantor's
receiving, upstream signals as part of a
cable service specifically designed, and
so understood by the subscriber, for
tbe purpose of the subscriber's volun-
tarily and knowingly sending upstream
messages or signals.
The Grantee simll not sell or other-
wise make available any list, in whole
or part, of cable subscribers, past or
current, to any person, agency, or
entity, unless each such subscription
list and distribution shall have been
specqfisally authorized by the local reg-
ulatory agent expressed by resolution
after a public heaving which shall be
announced by written notice published
at the Grantee's expense, not less than
on three (3) separate dates in a news-
paper of general circulation in the
community at least ten (10) days
before the date of the hearing. Any
such subscriber list shall be limited to
names and addresses only, and shall
not indicate any specific type of service
received by any individual, nor shall
any subscviber's viewing habits, nor
any specific amount of monies paid by
individual subscriber, nor any
classification or characterization of an
individual subscriber, nor any personal
data supplied to the Grantee by the
subscriber, be so revealed. Any revenue
generated by the rental or sale' of a
subscriber list shall be used to reduce
the rate tbr basic services.
If the Grantee, either directly or
indirectly, shall conmtit or allow an
activity prohibited in this section, the
Grantee shall pay immediately, upon
~ of tbe local regulatory agent,
to each subscriber violated not less
ten dollars ($10.0% for each
twenty-four (24) houx period, beginning
at minight, during wi~ich the prohibited
activity shall have occurred.
Repeated violations after a warning
from the local regulatory agent shall
constitute grounds for revocation of
this franchise.
The sanctions herain provided for
shall not be dec,ned to be waived or be
in lieu of any civil or criminal action
which may be otherwise authorized by
law.
MISCELLANEOUS PROVISIONS
Sec. t0.1. Failure to Enforce.
The Grantor's failure to enforce any
· ' of this fi-anchise or to exer-
cme any lawfully held right or priv-
ilege shall not operate against the City
nor diminish its powers, rights, or
duties, nor shall such excuse or relieve
.he Grantee's non-compliance. Sec. 10.2. Security Deposit.
Upon the effective date of this per-
mit, the Grantee shall, at its option,
a. deposit in a local banking or
financial institution acceptable to the
City Manager, the amount of one hun-
tired thousand dollars ($100,000.00) in
b. deliver to the City Manager, a
properly executed letter of credit in a
form and with the content acceptable
to the City Manager, in the amount
of one hundred thousand dollars
Said cash or letters of credit or
replacements shah remain on deposit
throughout the construction period as
defined by the Grantor and until
released by the Grantor upon comple-
tion of all proposed construction, and
shall be used to pay any sanction, lien,
or tax levied by the Grantor for the
Grantee's failure to perform by all the
provisions of this franchise or to com-
ply with all orders, permits, and direct-
ions of any agent of the Grantor
having jurisdiction over the acts or
defaults of the Grantee under this con-
tract, which arise by reason of the
of the system. Amounts
sufficient to pay charges against this
Special Session, July 29, 1981
337
Security Deposit shall be withdrawn
by the Grantor from the account
established for the Security Deposit.
Within tlfirty (30) days after nptice to
it that any amount has been with-
drawn from the Security Deposit or
drawn' the letter of credit, the Grantee
shall show proof to the Grantor that
an amount equal to the amount of this
withdrawal has been deposited into the
account eastablished for that purpose,
or that the letter of credit has been
amended so that the withdrawn bal-
emce simll be no less than one hundred
thousand dollars ($100,000.00). The
interest on this account will accrue to
the benefit of the Grantee. No costs
associated ~;ith this deposit shall be
passed on to the subscriber.
Sec. 10.3. Faithful Performance
Bond.
Upon the effective date of·this fran-
chise, the Grantee shall post, furnish
proof of the posting to the City Man-
ger, and maintain throughout ~he term
of this franchise~ and any extension or
renewal thereof, and any period there-
after while any portion of the Gran-
tee's systom shall remain in place, a
faithful performance bond running to
the City, with sureties or guarantees
approved by the City Manager, in the
penal sum of five hundred thousand
dollars ($500,000.00) conditioned that
the Grantee shall well and truly
observe, fulfill, and perform each term
and condition of this franchise and all
regulations thereof lawfully authorized
and adopted by the Grantor or its
agent, and upon the further condition
that in the event the Grantee shall fail
to comply with any law, ordinance, or
regulation governing this franchise, and
that in case of any breach of condition
of the bond, there shall be recoverable
jointly and severally from the principal
and surety of the bond, by the Grantor
for any damages or loss suffered by the
City resulting from the failure of the
Grantee to well and truly observe and
perform any provision of this franchise
including the full mnount of any com-
pensation, indemnification, or cost of
removal or abandonment of any prop-
erty of the Grantee, plus a reasonable
allowance for attorney's fees and costs,
and shall include the reasonable costs
and expenses of any services rendered
by the Grantor's attorneys, and their
assistante, or any employee or agent of
the Grantor, up to the full amount of
the bond.
Sec. 10.4. Liability and Indemnifica-
The Grantee shall indemnify and
save the Grantor harmless from and
against any and all claims, suits,
actions, penalties, damages, and causes
of action arising during the ter~n of
this franchise, and any extension or
renewal thereof, and any period while
any portion of the Grantee's system is
in place within the service area, even
though the Grantor may be found to
have been guilty of ordinary negli-
gence, for any bodily injury, loss of
life, or damage to property, sustained
by any person, firm, corporation, other
business entity, or the City:
a. as a result of the construction,
operation, maintenance, updating, or
reconstruction of the cable services
delivery system by the Grantee, and
b. a~ising out of copyright infringe-
ments or defamation,
c. for the failure by the Grantee to
keep, maintain, and abide by each and
eveW covenant of this contract on its
part to be kept and performed, and
d. as a result of any negligence, act
error, or omission of the Grantee, its
employees, or agents, and
e. imposed or claimed against the
Grantor by virtue of the execution of
this franchise, and
f. for the costs, attorney fees,
expenses, and liabilities incurred by tbe
Grantor in and about such claim, suit,
action, penalty, damage, or cause of
action, the investigation thereof, or the
defense of any action or proceeding
brought thereon, and from and against
any orders, judgments, or decrees
wifich may be imposed therein or as a
result thereof.
The Grantee shall specifically defend
or suhrogate, at the Grantor's option,
any action or proceeding brought
against the City as a result of any of
the matters enamerated in this fran-
chise, at the Grantee's sole cost and
The Grantee shall maintain through-
out the term of this franchise, any
extension or renewal thereof, and while
any portion of the Grantee's system is
in place within the service area, liabil-
ity insurance insuring both the Grantee
and the Grantor with regard to all
damages mentioned in this section, in
the minimum amounts of:
a. five hundred thousand dollars
($500,090.00) for bodily injury or death
b. one million five hundred thousand
dollars ($1,500,000.00) for bodily injury
or death resulting from any one acci-
dent, and
c. five hundred thousand dollars
($500,000.00) for property damage
resulting from any one accident.
Upon the effective date of this fran-
chise, the Grantee shall furnish proof
to the City Manager that a satisfac-
338
Special Sessi~on, July 29, 1981
tory insurance policy has been issued
by a company acceptable to the City
Manager, authorized and quabfied to
do business in the State of Iowa.
Such insurance policy:
a. shall be subject to approval of the
City Manager,
b. shall name the City as an addi-
tionalinsured,
c. shall contain a provision that a
written notice of cancellation or
material change in the policy shall be
delivered to the City Manager thirty
(30) days in advance of the effective
date thereof, and
d. shall be filed with the City Man-
ager within ninety (90) days after the
execution of this franchise.
A cancellation or lapee of such pol-
icy without immediate approved
replacement, shall be a material viola-
tion of this contract and shall be
immediate grounds for revocation of
this franchise without further notice,
other revocation provisions of this
franchise notwithstanding. Sec. 10.5. No Recourse.
The Grantee shall have no recourse
whatsoever against the Grantor for
any loss, cost, expense, or damage aris-
ing out of any provision or requirement
of this ordinance or its regulation, or
any other ordinance authorized herein,
or from the Grantor's exercise of its
authority to grant any additional fran*
chises. This shall not hichide negligent
acts of the City, its agents or employ-
ecs which are performed outside the
regulatory or franchise awarding
authority hereunder.
Sec. 10.6. Severability
If any provision of this contract or
any application thereaf to any person
or circumstance is held invalid, the
invalidity does not affect other provi-
sions or applications of this contract
which can be given effect without the
invalid provision or application, except
that the invalidity may invoke the
provision herein for loss of benefit, and
to this end and extent the provisions
of this contract are severable.
If any provision of this contract
becomes invalid and results in signifi-
cant loss of benefit to the Grantor or
Grantee or both, as determined by
either party, the party claiming the
loss may demand renegotiation.
Such a demand for renegotiation
must be made and delivered to the
other party within one (1) year after
the date both Grantor and Grantee
have received notice of the invalidity.
Within fifteen (15) days of receipt of
such a demand, both Grantor and
Grantee must meet in Dubuque, Iowa
and begin the ranegotiations. The rene-
gotiations shall be limited to reforming
the franchise and restoring the party
suffering the loss to its fomner position
with equivalent benefit.
The reformed franchise shall be
effective from the date the debilitating
invalidity took place, even if such ref-
ormation is retroactive and involves a
settlement for loss of past services.
The purpose of this section is to
maintain the continuity of the contract
in conformity with the expressed
intentions of the parties when the con-
tract was formed and later amended.
Sec. 10.7 Notices.
Notices to the Grantee and Grantor
shall be sent by registered mail as fol-
lows:
If to the Grantee:
Teleprompter Corporation
888 7th Avenue
New York, New York 10106
Attn: Vice President and General
Counsel
with copy to:
Teleprompter of Dubuque
P.O. Box 119
980 Main Street
Dubuque, Iowa 52001
Attn: System Manager
If to the Grantor:
City of Dubuque
Dubuque City Hall
Dubuque, Iowa 52001
Attn: City Manager
or other such address as the addressee
shall by due notice request.
Section 2. That by resolution of
even date the City of Dubuque has
requested the Commissioner of Elec-
tions in and for Dubuque County to
place the proposition of adopting the
ordinance on the ballot in the election
to be held September 8, 1981, and the
cost and expense of said election shah
be paid by Teleprompter Corporation
of New York.
Section 3. That this ordinance shall
take effect as provided in the ordi-
nance, and be in full force, from and
after its acceptance by the City Coun-
cil, its approval and ratification by the
legal voters of the City of Dubuque,
the acceptance of its terms by Tele-
prompter Corporation of New York
and its publication in the Telegraph
Herald, the official newspaper of the
City of Dubuque.
Section 4. That Ordinance No. 25-
63, published November 11, 1963, be
and is hereby repealed and of no effect
or force after the effective date of this
ordinance.
PASSED, APPROVED AND
ADOPTED this 29th day of July,
1981.
D. MichaelKing, MAYOR
Special Session, July 29, 1981
339
ATTEST:
Mary A. Davis, CITY CLERK
Published officially in the Telegraph
Herald newspaper this 24 day of
August, 1981.
Mary A. Davis, City Clerk
It 8/24
Council Member Pratt moved final
adoption of the Ordinance. Seconded
by Council Member Farreil. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
RESOLUTION NO. 222-81
WHEREAS, the City of Dubuque,
Iowa has passed, adopted and ap-
proved Ordinance No. 42-81, being an
ordinance to grant a non-exclusive
franchise to Teleprompter, Inc. of New
York to erect, maintain and operate
plante and systems for cable television
within the City of Dubuque for a term
of twenty (20) years; and
WHEREAS, Section 364.2 of the
1981 Code of Iowa provides that such
an ordinance must be approved by the
electorate of the City of Dubuque,
Iowa at any City election;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the ordinance no.
42.81 granting Teleprompter, Inc. of
New York a non, exclusive franchise to
eree$ maintain and operate plants and
systems for cable television within the
City of Dubuque, Iowa for a term of
twenty (20) years be submitted to the
electorate of the City of Dubuque,
Iowa at an eleeffon to be held on Sep-
tember 8, 1981.
Section 2. That the Commissioner of
Elections in and for Dubuque County,
Iowa is requested to plaee on the ballot
in the el~ct~on to be held on September
8) 1981, the following proposition, to-
wit:
"Shall the City of Dubuque, Iowa
adopt Ordinance No. 42-81 granting
a twenty (20) year non. exclusive
franchise to Teleprompter Inc. of
New York to eree$ maintain and
operate plants and systems for cable
television within the City of Dubu-
que, Iowa according to the terms
and provisions of said ordinance."
Section 3. That copies of Ordinance
No. 42-81 m~y be obtained at the office
of the City Cizrk, City Hal~ 13th and
Central Avenue, Dubuque, Iowv~
Passec~ approved and adopted this
29th day of July, ~981.
D. Michael King
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded
by Council Member Pratt. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Communication of City Manager sub-
mitring Ordinances (2) pertaining to
City Hail Municipal Metered Parking
Lot, presented and read.
Council Member Felderman moved
that the communication be received
and filed. Seconded by Council Mem-
ber Brady. Carried by the following
vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 43-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
lNG SUBSECTION (5) OF SECTION
25-304 UNDER DIVISION 3, MUNI-
CIPAL PARKING LOTS AND EN-
ACTING A NEW SUBSECTION (5)
OF SECTION 25304 UNDER DIVI-
SION 3, MUNICIPAL PARKING
LOTS, TO CLARIFY THE DESIG-
NATION OF PARKING LOT NO. 5,
AS SITUATED AT THE NORTH-
WEST CORNER OF 12TH & CEN-
TRAL AVENUE, presented and read.
Council Member Felderman moved
that the reading just had be con-
sidered the first reading of the Ordi-
nance. Seconded by Council Member
Brady. Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be received and fried at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO.43-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
ING SUBSECTION (5) OF SEC-
TION 25-304 UNDER DIVISION 3,
MUNICIPAL PARKING LOTS AND
Special Session, July 29, 1981
ENACTING A NEW SUBSECTION
(5) OF SECTION 25-304 UNDER
DIVISION 3, MUNICIPAL PARK-
ING LOTS, TO CLARIFY THE
DESIGNATION OF PARKING LOT
NO. 5, AS SITUATED AT THE
NORTHWEST CORNER OF 12TH
AND CENTRAL AVENUE.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Subsection (5) of
Section 25-304 of the Code of Ordl-
nances of the City of Dubuque, Iowa,
be repealed, and a new Subsection (5)
of Section 25-304 of the Code of Ordi-
nances of the City of Dubuque, Iowa,
be enacted in lieu thereof as follows:
Sec. 25-304. Designated
(5) Lot No. 5: Ti~e lot situated at the
northwest corner of Twelfth Street
and Central Avenue.
PASSED, ADOPTED AND
APPROVED this 29th day of July,
1981.
D. Michael King
MAYOR
ATTEST:
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 3rd day of
August, 1981.
Mary A. Davis
City Clerk
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Brady.
Carried by the following vote:
Yeae--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--Noue.
ORDINANCE NO. 44-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
lNG SUBSECTION (1) OF SECTION
25-307, SAME-TIME AND FEE
SCHEDULE FOR SPECIFIC LOTS
UNDER DIVISION 3, MUNICIPAL
PARKING LOTS, AND ENACTING
A NEW SUBSECTION I1) OF SEC-
TION ~307, SAME-TIME AND FEE
SCHEDULE FOR SPECIFIC LOTS
UNDER DIVISION 3, MUNICIPAL
PARKING LOTS, presented and read.
Council Member Felderman moved
that the reading juet had be consider-
ed the first reading of the Ordinance.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
Council Member Felderman moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action
is taken, be dispensed with. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
ORDINANCE NO. 44-81
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEAL-
ING SUBSECTION (1) OF SEC-
TION 25-307. SAME-T~ME AND
FEE SCHEDULE FOR SPECIFIC
LOTS UNDER DIVISION 3.
MUNICIPAL PARKING LOTS,
AND ENACTING A NEW SUBSEC-
TION (1) OF SECTION 25-3O7.
SAME-TIME AND FEE SCHED-
ULE FOR SPECIFIC LOTS UNDER
DIVISION 3, MUNICIPAL PARK-
ING LOTS.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That tt~e Code of Ordi-
nances of the City of Dubuque, Iowa,
be amended by repealing Subsection
(1) of Section 25-307. Same-Time and
Fee Schedule for Specific Lots, Under
Division 3. Municipal Pm. king Lots,
and adopting a new Subsection (1) of
Section 25-307. Stone-Time and Fee
Schedule for Specific Lots, Under
Division 3. Municipal Parking Lots,
in lieu thereof as follows:
Sec. 25-307. Same-Time and Fee
Schedule for Specific Lots
(1) On parking lots Nos. 1, 2, 3, 4, 5,
6, 7 and 8, the amount of fee shall be
displayed on each parking meter and
shall indicate the period of time
allowed for the particular United
States coin deposited after meter has
been placed in operation. The maxi-
mum park/rig time allowed shall be
indicated on the parking meter
assignable to the meter space to
which it applies.
PASSED, APPROVED AND
ADOPTED this 29th day of July,
1981.
D. Michael King
ATTEST: MAYOR
Mary A. Davis
CITY CLERK
Published officially in the Telegraph
Herald newspaper this 3rd day of
August, 1981.
Mary A. Davis
City Clerk
lt8/3
Special Session, July 29, 1981
Council Member Felderman moved
final adoption of the Ordinance.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas--Mayor King, Council Mem-
bers Brady, Farreil, Felderman, Pratt.
Nays--None.
There being no further business,
Council Member Farreil moved to ad-
journ. Seconded by Council Member
Felderman. Carried by the following
Yeas--Mayor King, Council Mem-
bers Brady, Farrell, Felderman, Pratt.
Nays--None.
Mary A. Davis
City Clerk
Approved __ 1981
Adopted __ 1981
Council Members
ATTEST:
City Clerk
341