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Y Roll_34 Part 10
Regular Session, February 5, 19612 37 David L. Ehlinger 73.33% Thomas P. Richman 72.50% Gene P. Thompson 71.67% Robert J. Kehoe 70.83%, Respectfully submitted, J. A. CAREW. Chairman LOUIS J. I.AGEN A. G. WRIGHT. Commissioners Civil Service Commission Attest: LEO F. FROMMELT. Clerk Subscribed and sworn to before me a Notary Public this 31st day of January 1962. LOIS O'HEA Notary Public Councilman Takos moved that the communication be received and made a matter of record. Second. ed by Councilman Kean. Carried by the following vote: Yeas Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. January 29, 1962 To the Honorable Manor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of December, 1961, as well as a list of claims and payrolls for which warrants were issued for the month of December, 1961. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the reports be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. January 31, 1962 To the Honorable Mayor and City Council Gentlemen: Some weeks ago you gave author- ity for the Mayor to appoint a three man civil defense committee, as an advisory group to our Civil Defense Director. Before the committee was ap- pointed however, a request was received from the Director that a rive man committee be appointed. rherefore, I recommend that you authorize the Mayor to appoint a Civil Defense Advisory Committee consisting of a medical doctor in charge of the medical profession civil defense work, a city councilor, the city engineer, the city manager and a citizen of Dubuque. Thank you for reconsidering this matter. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. February 5, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the annual reports of the City Auditor, City Treasurer and City Health Depart- ment for the fiscal year beginning January 1, 1961 and ending Decem- ber 31, 1961. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February 5, 1962 To The Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and desire to have your app oval the on same for filing, subject aP- proval on same for filing, subject to the approval of the City Solicit- or: PERSONAL Edward M. Tschrigi, American Surety Company (from Decem- ber 31, 1961 to ,January 30, 1962) and Ohio Casualty Insurance Regular Session, February 5, 1962_____ _ Company (from January 30, 1962 to December 31, 1962). Public Employees Blanket Position Bond, American Surety Company (from December 31, 1961 to Jan- uary amuary 30, 1962) and Ohio Casualty Insurance Company (from Jan. uary 30, 1962 to .January 30, 1963). HEATING Dubuque Plumbing & ileating Com- pany, American Ca: ualty Com- pany Respectfully, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the bonds be filed subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February 5, 1962 To The Honorable Mayor and City Council Gentlemen: It is requested that you authorize the City Manager to execute an agreement between th^ City and Victor Gruen & Associ3tcs. The agreement will provide that Victor Gruen & Associate; will: 1. Prepare a program for Com- munity Improvement (Workable Program), and 2. Prepare an Application for a Community R e n e w a l Program Grant. The City will pay a fee of $1100.00 for these services. Respectfully submitted, Gilbert D. Chavenelle City Manager notice of suit by Theodore (Teddy) Roepsch, a minor, by Joseph Roepsch, his father and natural guardian, and as his next friend, filed in the District Court of Du- buque County, Iowa, wherein plain- tiff claims damages in the amount of $25,000.00 for injuries allegedly received by reason of falling on an allegedly defective sidewalk and that he fell in the vicinity of 701 Groveland Place, and suffered in- juries complained of consisting of a fractured pelvis. That plaintiff has made an offer of settlement in the amount of 51,000.00, and that it is the recom- mendation of the City Attorney that said offer be accepted and that the City Auditor be instructed to draw a warrant in the amount of $400.00 payable to Joseph Roepsch and Jeanne Roepsch, as parents and natural guardians of Theodore (Teddy) Roepsch,a minor and that the City Auditor be in- structed to draw a warrant pay- able to Joseph Roepsch and Jeanne Roepsch, parents of Theodore (Ted- dy) Roepsch, a minor, in the amount of $600.00 and transmit the same to the City Attorney for deliv- ery upon receipt of duly executed indemnifying releases and upon re- ceipt of dismissal of said pending law action #35894 with prejudice at plaintiff's cost. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that authorization be granted to the City Manager to execute the agree- ment with Victor Gruen & Associ- ates. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. .January 23, 1962 lion. Mayor & City Council Gentlemen: On December 1, 1958, there was filed in the office of the City Clerk Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to draw proper warrant seconded by Councilman Koan. Carried by the following vole: Yeas- -Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. January 23, 1962 Hun. Mayor & City Council Gentlemen: On January 25, 1960 hirs. Ro>' (Nellie 1.) Kaiser of 747 N:dith St , Dubuque, Iowa filed claim against th,- City of Dubuque for damatze,, resulting from a fall on January 20, 1960 in the cro!,s walk at till' Regular Session, February 5, 1962 39 intersection of 30th & Jackson St. alleging a defective condition therein. As a result of said fall hirs. Kaiser suffered a compound frac- tured wrist and suffers from a permanent disability as a result of said injury. ' That the claimant has made an offer in settlement in the amount of $500.00 and it is the recom- mendation of the City Attorney that said offer be accepted and the City Auditor be instructed to draw a warrant payable to Mrs. Roy (Nellie I.) Kaiser and to trans- mit same to the City Attorney upon receipt of a duly executed release. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Aud- itor instructed to draw proper war- rant. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. January 17, 1962 Hon. Mayor & City Council Gentlemen: On December 14, 1961, Andrew Ohnesorge of 2119 Johnson St., Du- buque, Iowa, filed his claim for damages in the amount of $93.83 suffered as a result of alleged backing up of sewer onto his prem- ises on December 7, 1961. I have made an investigation of this matter and find no action- able negligence on the part of the City of Dubuque and therefor recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N .RUSSO, City Attorney January 17, 1962 Hon. Mayor & City Council Gentlemen: On December 15, 1961, Mrs. Doris M. Conry of 2108 Johnson Ave., Dubuque, Iowa, filed claim for damages in the amount of $150.00 by reason of sewer backing into basement of her home on De. cember 7, 1961. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefor recom. mend denial of said claim. Original claim is returned here. with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller. Council. men Horgan, Kean, Schreiber, Takos. Nays—None. l Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Ormal E. Bennett, in the amount of $610., for personal injuries received in a fall on an ice covered sidewalk at E. 9th Street on December 26, 1961, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, council. men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Herald Walser, in an un -named amount, for personal injuries received in a fall on an ice covered sidewalk at 1101 Washington Street on January 6, 1962, presented and read. Coun- cilman Takos moved that the notice of ed to he City Solicitor ofor invebe stt investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas -Mayor Schaller, C men Horgan, Kean, Schreiber, council- Yeas- Takos. ;Nays—None. Notice of of Mrs. George F. Duscher, in an un -named 40 Regular Session, Febntary 5, 1962 amount, for personal injuries re- ceived in a fall on an ice covered sidewalk, near WashingtonPark and January 13, 1962• presented read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. George (Mary) O'Brien, in the amount of $3000. for personal injuries re- ceived in a fall on a defective side. walk between Main and Iowa Street on 5th, on November 30, 1961, pre- sented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Carl H. Thomas, in the amount of $18.00, for car damage received as the result of striking a manhole cover in the 500 block of Kaufmann Av- enue, on January 22, 1962, present- ed and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Original notice of proposed pend- ing action of a petition praying for damages in the amount of $500. for personal injuries sustained by Marie Vyverberg in a fall on a defective sidewalk at 265 W. 1st Street, presented and read. Coun- cilman Takos moved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schreiber. carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Laveta Thom - an, in an un -named amount, for personal injuries received in a fall in the intersection of Lemon and Stoltz street on January 5, 1962, presented and read. Councilman Takos moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub - lie hearing and notice of Record of Bearing and Certificate to Amend Current Budget, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. ORDINANCE NO. 11-62 An Ordinance Amending Budget as approved by Resolution No. 192- 61 and Ordinance No. 1.62, pre- sented for final adoption. ORDINANCE NO. 11.62 An Ordinance :unending budget as appruved by Resolution No. 142-61 and Ordinance No. 1-62. Ile. It Ordained by the City Council of the City of Dubuque: That the unexpended cash balances on hand at the close of the preceding fiscal year not estimated orappropriated in the original budget approved by Resolution No. 182-61 and Ordinance No. 1-62 ate herehy allocated and appropriated for payment of necessary ex- penditures of City Government, in the folluwing amounts and for the purposee as hereinafter set forth, and to that end the appropria- tlovs and Allocations of funds are hereby authorized to -Nit: STREET FUND RECEIPTS Fund General Fund Street Fund Public Surety Fund Public Safety -Civil Defense Fund Sanilrtion Fund Recreation -Park General Fund Unencumbered Balance Total i 3.600.00 S 8,500.00 33,000.00 33,0()0.00 8,661 00 8,661.00 10, 074.00 10, 074.00 8,31)1.00 3,300.00 10,000.00 10,000.00 $67,436 00 Regular Session, February 5, 1962 EXPENDITURES GENERAL FUND Building Commissioner's Office Item No. 121-I1 Printing (Building Code) Plumbing Inspector's Office item No 122-11 Printing (Ventilation lode) (leneral Fund Total These appropriations shall be paid from the Unencumbered Cash balance over and above amounts antielpated January 1, 1962. Tree Trimming—Dutch Elm Disease 1temNo.130-1 A. Salaries F. Maintenance E. Equipment K Disease Control Street Fund Total These approprlattons shall be paid from the Unencumbered Cash balance over and above amounts anticipated January 1, 1962. PUBLIC SAFETY FUND Fire Department Item No. 119 -J -A Firemen 3 day Holiday Salary Police Department item No. 118 -J -A Policemen 3 day Holiday Salary ......... Ambulance Item No. 148 -E-A Ambulance Drivers 3 day Holiday Salary .. .. Public Safety Fund Total These appropriations shall be paid from the Unencumbered rash balance over and above a,nounts anticipated January 1. 1962. IBLIC SAFETY -CIVIL DEFENSE FUND Civil Defense Ittnt No. 150-A Fire Dept. Captain 3 day Holiday Salary Item No. 150-E Radio Equipment . Public Safety Civil Defense Total These appropriations shall be paid from tine l'n,nwumhered Caah balance over and show amounts anticipated January 1, 1962. SANITATION FUND Munlcipal Improvements Itein No. 162 -J -2-A Salaries Item No. 162 -J -2 -Cl 3taterial and Supplies 41 1,000.00 1,500 0(1 2,600.00 13,500.00 600.00 17,600.00 11500.00 633,00u.00 4.610.00 3,900.00 131.00 6,561.00 74.00 10,000.00 610,074.00 1,600.00 1,800.00 Saultary Fund Total 6 3,600.00 These appropriations shall be paid from the Unencumbered Cash balance over and above amounts anticipated January 1, 1962. RECREATION FUND -PARK GENERAL Park Improvement -Dutch Elm Disease 10,000.00 Item No. 144 -C -E Equipment This appropriation shall be paid from the Unencumbered Yash balance over and above amounts anticipated January 1, 1962. Total additional appropriations for the ex- penditure of City (lovernment of the City of Dubuque, Iowa for the fiscal year be- ginning January 1, 1962 slid ending Decent- 667,436.00 her 31, 1962 Passed upon first reading this 22nd "Y of January 1962. Passed, adopted and approved upon final reading this 6th day of Fthruary 1962. LOUIS SCHALLER Mayor JOHN P. SC:HREIBER PETER J. TAKOS JAMES J. KEAN ItOBERT J. HORGAN Councilmen ATTEST: I.eo F. Frummelt City Clerk Published officially lu the Telegruph-Herald Newspaper thin 9th day of February 1962. l.eo F. Fronunelt City Clerk — 42 Regular Session, February 5, 1962 Mayor Schaller moved the adop- tion of the ordinance. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Schiltz Development Co. requesting that Northview Drive be placed on the 1962 street improvement program in contem- plation of the erection of a sub- stantial building on the east side of the street, presented and read. Councilman Schreiber moved that the petition be referred to the Engineering Department. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of R. J. Egelhof re- questing the grading of Stoltz Street in order to be able to get to their property, presented and read. Councilman Takos moved that the petition be referred to the City Manager, Street Depart- ment and Engineering Department. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Dubuque Civic Thea- tre requesting permission to dis- tribute handbills on Saturday, Feb- ruary 10, 1962, presented and read. Councilmar. Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean Schreiber, Ta- kos. Nays—None. Petition of Harold L. Moldt Jr. Requesting vacation of part of Lew- is Street which runs off Valeria Street, presented and read. Coun- cilman Schreiber moved that the petition be referred to the Plan- ning & Zoning Commission for in- vestigation and report. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Petition of Maurice Reed re- questint! vacation of the dead end of Henion Street at 1500 to 1600 block with intent of possible nur- chw*. presented and read. Coun- ellman Takos moved that the pe- tition be referred to the Planning & 7,oning Commission for investi- gation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horean, Kean, Schreiber, Ta- kos. Nays—None. Petition of Dubuque County So- ciety for Crippled Children & Adults Inc. requesting permission to conduct a lily tag sale on Satur- day. April 14, 1962, presented and read. Councilman Schreiber moved that the petition be granted pro- viding there are no conflicting dates. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Fay Thomas & Calista Ann Stever, requesting rezoning of Lot 2 of 1 of 1 of West Gate from Single Family residence to com- mercial district Classification, pre- sented and read. Councilman Ta- kos moved that the petition be re- ferred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Louis T. Bournias re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 136, as he has discon- tinued business on January 22, 1962, presented and read. Council- man Takos moved that the refund be granted and the. Auditor in- structed to issue a warrant pay- able to Louis T. Bournias, in the amount of $25.00, to cover the amount due on the unexpired por- tion of cigarette license No. 136 Regular Session, February 5, 1982 43 ► Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Louise A. Ley & Dal- las A. Wuelling requesting a re- fund in the amount of $25.00 on the unexpired portion of cigarette license No. 135, as they have dis- continued business on January 31, 1962, presented and read. Council- man Takos moved that the refund be granted and the Auditor in- structed to issue a warrant payable to Louise A. Ley & Dallas A. Wuel- ling, in the amount of $25 to cov- er the amount due on the unex. pired portion of cigarette license No. 135. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Henry Feye, owner of the building housing a tavern at 678 Central Avenue, occupied by Eldon A. Morett who apparent- ly left the City, requesting cancel- lation of the tavern license issued to Eldon A. Morett to make it pos- sible to rent the building to some- one else, presented and read. Coun- cilman Takos moved that a hear- ing at 7:30 o'clock P.M. in the Council Chamber at the City Hall be set for February 19, 1962 and that the Clerk be instructed to publish notice of same and that Mr. Morett be so notified by reg- istered mail at his last known ad- dress. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Iforgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Dubuque Plumbing & Iieating Co. requesting permis- sion to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Nays—None. Petition of Junior Chamber of Commerce requesting permission to use N. Grandview avenue from Clarke Drive to one-half block past the Rosedale turn-off on July 1, 1962, to sponsor a soap box derby race, presented and read. Council- man Takos moved that the peti- tion be granted providing there are no conflicting dates also sub- ject to City Solicitor for liability coverage. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of annexation by Plaza 20 Inc. and George & Addie Jeek- lin covering Lots 1 & 2 Block 1 in Plaza 20; Lot 1 and Lot 2 of the Subdivision of Lot 1 of 1 of 1 of 1 of 1 of 1 of i of George Jecklin Farm; Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of George Jecklin Farm in Dubuque County and partly in the City of Dubuque, Iowa, pre- sented and read. Councilman Schreiber moved that the petition be granted and the annexation ap- proved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION EXTENDING CITY LIMITS NO. 1!162 WHEREAS, the owners of an area approximately 50 acres in size immediately adjoining the western city limits of the City of Dubuque, Iowa, located South of Hi -Way 20 opposite Devon Drive, have made application for annexation of said territory to the City of Dubuque, Iowa, and WHEREAS, said territory is be- ing substantially built up; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is incor- porated within the city limits of 44 Regular Session_ February5_ , 1982 _ the City of Dubuque, Iowa; and I WHEREAS, the inhabitants of said territory will be enabled to secure water, sewer, and other mu- nicipal services if said territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa, 1958, authorizes the ex- tension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and WHEREAS, it is necessary to provide for the orderly and syste- matic growth and development of the territory adjoining the city of Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended westerly in the vicinity South of Hi -way 20, oppo- site Devon Drive, by annexing to the City of Dubuque, Iowa, the territory embraced within the fol- lowing described real estate lots, to -wit: Lots 1 and 2, Block 1, in "Plaza 20" in the City and County of Dubuque, Iowa. Lot 1 and Lot 2 of the Subdivi- sion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, in the County of Dubuque, Iowa; Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, in Du- buque County, Iowa, and partly in the City of Dubuque, Iowa; as shown on the plat attached here- to and by this reference made a part hereof. Passed, adopted and approved the 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition for zoning by Plaza 20 requesting that real estate recent- ly annexed designated as area "A" on a plat attached be rezoned as Local Business B, presented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Ta• kos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Zoning by Plaza 20 requesting that real estate recent- ly annexed designated as area "B" on a plat attached be rezoned as Local Business District B, pre- sented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Iiorgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Braconier Plumbing & Heating Co. requesting permis- sion to excavate in the streets and alleys of the city, presented and read. Councilman Schreiber moved that the request be granted. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Iiorgan, Kean, Schreiber, Ta- kos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications form of contract and cost of improvements for the con- struction of a forty-two inch (42") reinforced concrete pipe storm sewer in Shiras avenue from the existing storm sewer opposite Lot No. 1 of Lot 2 of Cota Subdivision northwesterly to the existing thir- ty-six inch (36") storm sewer oP- Regular Session, February 5, 1962 45 r polite Lot I of Lot 1 of M. L. placed on file with the City Clerk 311, presented and read. Council- this 2nd day of January, 1962. man Schreiber moved that the Approved and placed on file for proof of publication be received final action. and filed. Seconded by Council- Record of Final Adoption man Kean. Carried by the fol- The foregoing resolution was fin- lowing vote: ally passed and adopted, as pro- Yeas—Mayor Schaller, Council- posed, by the City Council this 5th I men Horgan, Kean, Schreiber, Ta- day of February, 1962. kos. LOUIS SCHALLER Nays—None. Mayor (Necessity For Improvement) JOHN P. SCHREIBER PETER J. TAKOS RESOLUTION NO. 7.62 JAMES J. KEAN WHEREAS, proposed plans, spec- ROBERT J. HORGAN ifications, form of contract have Councilmen been duly prepared andapproved Attest: LEO F. FROMMELT by the City Council of the City City Clerk of Dubuque and are now on file in Councilman Kean moved the the office of the City Clerk show- adoption of the resolutionSee- ing among other things the follow- onded by Councilman Schreiber. mg: Carried by the following vote: 1. The size and kind of sewer. Yeas—Mayor Schaller, Council - 2. The plan of such improve- men Horgan, Kean, Schreiber, Ta- ment. kos. 3. An estimate of the cost of Nays—None. the proposed improvement. Proof of Publication, certified to For the construction of a forty- by the Publisher, of notice to con - two inch (42") reinforced concrete tractors of the receipt of propos- pipe storm sewer in Shiras Avenue all for the construction of Shiras from the existing storm sewer op- Avenue Storm Sewer, presented posite Lot No. 1 of Lot 2 of Cota and read. Councilman Schreiber Subdivision northwesterly to the moved that the proof of publica- existing thirty-six inch (38') storm tion be received and filed. Second - sewer opposite Lot I of Lot 1 of ed by Mayor Schaller. Carried by Mineral Lot 311. the following vote: BE IT THEREFORE RESOLVED Yeas—Mayor Schaller, Council - men Horgan, Kean, Schreiber, Ta - that the City Council on its own kos. motion or upon petition of prop- Nays—None. erty owners, deems it advisable and necessary for the public wel- (Ordering Construction) fare to make the herein mentioned RESOLUTION NO. 1962 improvement, and unless property BE IT RESOLVED by the City owners at the time of the final con- Council of the City of Dubuque sideration of this proposed resolu- that pursuant to a resolution of Ne - tion have on file with the City cessity No. 7-62 which was duly Clerk objections to the amount of passed by this Council for the con - the cost of improvement, they shall struction of a forty-two inch (42") be deemed to have waived all ob- reinforced concrete pipe storm jections thereto. sewer in Shiras Avenue from the Said improvement shall be con- existing storm sewer opposite Lot structed and done in accordance No. 1 of Lot 2 of Cota Subdivision with the plans and specifications northwesterly to the existing thir- which have been prepared there- ty-six inch (3811) storm sewer op. for by the City Engineer which posite Lot 1 of Lot 1 of Mineral have been approved by the City Lot 311 be and the same are Council and are now on file with hereby ordered and constructed the City Clerk. That the cost and by this Council upon its own mo. expense of making said improve- tion and with or without the peti- ment will be paid from the Munici- tion of property owners. All the pal Improvements Fund. work shall be constructed in ac - The above resolution was intro- cordance with the plans and speci- ► duced, approved and ordered I fications heretofore adopted and 46 Regular Session, February 5, 1962 now nn file in the omce City Clerk. BE IT FURTRESOLVEDHER that the cost and expense of the said improvement be paid from the Municipal Improvement Fund. 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 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec. onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. February 5, 1962 To the honorable Mayor and City Council Gentlemen: Pursuant to your instruction, sealed bids were received until 10:00 A.M. February 5, 1961, for the forty-two inch storm sewer to be constructed in Shiras Avenue. The lowest bid submitted was en- tered by Saffran Construction Com- pany of Dubuque, Iowa. The bid was 33.1% below the estimate. A total of seven bids were received and a tabulation of these bids is attached. I recommend that the contract be awarded to Saffran Construc- tion Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vole: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber Takos. Naye--None (Awarding Contractl RESOLUTION NO. 20.62 WHEREAS, sealed proposals have been submitted by contract- ors for the construction of a forty- two inch (42") Reinforced Concrete Pipe Storm Sewer in Shiras Ave- nue from the existing storm sewer opposite Lot No. 1 of Lot 2 of Cota Subdivision northwesterly to the existing thirty-six inch (36") Storm Sewer opposite Lot 1 of Lot 1 of Mineral Lot 311 pursuant to Reso- lution No. 19-62 and notice to bid- ders published in a newspaper pub- lished in said City on January 5, 1962 and January 12, 1962; and WHEREAS, said sealed propos- als were opened and read on Feb- ruary 5, 1962, and it has been de- termined that the bid of Saffran Construction Company of Dubuque, Iowa in the amount of $23, 590.00 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffran Construction Com- pany of Dubuque, Iowa, and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Naye- -None. Regular Session, February 5, 1962 47 February 2, 1962 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for y o u r consideration is subdivision plat of Blocks 4 and 8 in River Front Sub, No. 2. This plat indicates lots and elim- inated the long descriptions of lots as previously described. This plat has been approved by the Planning & Zoning Commis- sion. Respe,Afully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Naye—None. RESOLUTION NO. 21.62 RESOLUTION Approving Plat of Block 8 and of the Subdivision of Block 4, "River Front Subdivision No. 2" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Block 4, River Front Subdivision No. 2 and the following: Beginning at the north east corner of Block 4 in River Front Subdivision No. 2 in the City of Dubuque, Iowa, thence North 66 ' 54' West 100 feet to the place of beginning, thence North 23" 06' East 37.4 feet, thence North 51° 24' West 66.81 feet, thence South 5" 15' West 31.05 feet, thence South 68' 05' East 21.95 feet, thence South 51° 04' West 32.86 feet, thence North 80' 16' West 44.23 feet, thence North 74^ 18' West 209.7 feet, thence North 68- 06' West 257.28 feet, thence South 230 06' West 10.0 feet, thence South 66' 54' West 625.0 feet to the place of beginning which is a portion of unplatted former slough, and of Government Lot 1 in Section 19, Township 89 North, Range 3 East of the 5th Principal Meridian in the City of Dubuque, Iowa is platted as Lots 1 through 12 inclusive of Block 4 and Lot 1 through Lot 3 of Block 8 in River Front Sub- division No. 2 in the City of Dubuque, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and has its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 5th day of February, A.D. 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council• men Horgan, Kean, Schreiber, Takos. Naye—None. February 2, 196$ To the Honorable Mayor and City Council, Gentlemen: Herewith submitted for your consideration is final plat of Blocks 4, 5, 6 and 7 in Mettel Brooks Ad- dition. This subdivision is located on Pennsylvania Avenue and is the second part of Mettel Brooks and is composed of thirty-one lots. This plat has been approved by the Planning and Zoning Commis- sion. submitted, Respectfully Dubuque Planning & Zoning Commission By Owen Riley, Secretary 48 Regular Session, Febniary S, 1962 Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 22.62 Resolution Approving the Plat of Blocks 4, 5, 6 and 7 in "Mettel. Brooks Addition" in the City of Dubuque, Dubuque County, Iowa. Whereas there has been filed with the City Clerk a plat in which I.ot 2 of Lot 1 of Lot 1 of Lot 5 of Mineral Lot 260, Section 22, Township 89, North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa is platted as Blocks 4, 5, 6 and 7 in "Mettel- Brooks Addition" in the City of Dubuque, Dubuque County, Iowa by Mettel Realty & Investment Co., and Whereas upon said plat appear streets and easements which the owner upon said plat has dedicated to the public forever: and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and has been approved by said body; and Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances re- lating thereto, but that the grades have not been established or the streets graded, or the sidewalks, surfacing, sewer or water mains installed; Section 1. That the dedication of St. Anne Drive, and Avalon Road together with the easements for public utilities, as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of the subdivision of Lot 2 of Lot 1 of I.ot 1 of Lot 5 of Mineral Lot 260, Sec. tion 22, Township 89, North. Range 2, East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, which shall hereafter be known as Blocks 4, 5, 6 and 7 in "Mettel-Brooks Addition" in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, providing the owner of said prop. erty, hereinbefore named, executes its written acceptance hereto at. tached, agreeing; (a) To reduce St. Anne Drive and Avalon Road to grade as shown by the profile submitted with the plat; (b) To surface St. Anne Drive and Avalon Road, as the same ap. pear upon said plat, for a width of 30 feet from curb face to curb face with 6Y4 inches, concrete sur- facing and with concrete curb and gutter as shown in the City of Du. buque Standard Curb and Gutter Section; (c) To install water mains in accordance with the plans submitt- ed with the plat; (d) To install sanitary sewers in accordance with plans submitted with the plat; (e) To install sanitary sewer and water house laterals for each lot from the main to behind the prop- erty line; (f) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; (g) To maintain the street im- provements for a period of four (4) years from the date of their ac- ceptance and to maintain the san- itary sewer and water mains for a period of four (4) years from the date of its acceptance; (h) To provide the foregoing construction and maintenance all at the expense of Mettel Realty & Investment Co., as owner; (i) To construct said improve- ment prior to February 1, 1963; (j) To install concrete sidewalks on both sides of St. Anne Drive and Avalon Road, in accordance with City of Dubuque Standard Specifications for Permanent Side- walks, at owner's expense, prior to February 15, 1964; and further provided that Mettel Realty & Investment Co., as owner of said subdivision, secure the per- formance of the foregoing condi- Regular Session, Febniary 5, 1962 49 tions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Met - tel Realty & Investment Co. shall fail to execute the acceptance and provide the security provided for in Section 2 hereof, with in forty- five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and ap- proval of the plat shall not be ef- fective. Passed, adopted and approved by unanimous recorded roll call vote this 5th day of February, A.D. 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 22-62 has been provided by the owner. Dated at Dubuque, Iowa, this 23rd day of February, 1962. Gilbert D. Chavenelle, City Manager Councilman Kean moved the ad- option of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Naye—None. ACCEPTANCE OF RESOLUTION NO. 2262 Mettel Realty & Investment Co., being familiar with the terms and conditions of the foregoing Resolu- tion No. 22-62, hereby accepts the same and agrees to perform the conditions required of it therein. Dated this 23rd day of Febru- ary, A.D. 1962. MEITEL REALTY & INVEST- MENT CO. By C. E. Mettel February 5, 1962 To the Honorable Mayor and City Council Gentlemen: The construction of the Storm Water Pumping Unit and all ap- purtenances on the City of Du- buque Flood Control Levee be- tween 12th Street and 16th Street has been completed in accordance with plans and specifications by the Conlon Construction Company of Dubuque, Iowa. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 23.62 WHEREAS, the contract for the Storm Water Pumping Unit and All Appurtenances to be installed and placed in operation at the Existing Pumping Station on the City of Dubuque Flood Control Levee between 12th Street and 16th Street has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $56,152.35. That $56,152.35 of the cost there- of shall be paid from the City of Dubuque 1960 Storm Sewer Proj- ect No. I. Passed, adopted and approved this 5th day of February 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER pETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELC city Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takos. Carried 50 Regular Session, February 5, 1162 _ by the following vote: i Yeas—Mayor Schaller, Council- I men Morgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 2462 WHEREAS, the contract for the Storm Water Pumping Unit and All Appurtenances to be installed and placed in operation at the Existing Pumping Station on the City of Dubuque Flood Control Le- vee between 12th Street and 16th Street, 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 specifi- cations and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation 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 contractor from the City of Du- buque 1960 Storm Sewer Project No. 1 equal to the amount of his contract. Passed, adopted and approved this 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber movad the adoption of the resolution. Sec- onded by Councilman Kean. Car• ried by the following vole: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kos. Nays—None. RESOLUTION NO. 25.62 WHEREAS, the City of Dubuqu( in carrying out street construction and maintenance work, finds i' necessary to secure storage spac4 on a railroad siding; and WHEREAS, the Illinois Central Railroad has available for lease suitable for storage facilities; NOW, THEREFORE BE IT RE- SOLVED that the City Council hereby authorizes the City Man• ager to execute a lease for the City of Dubuque for a period of five years at an annual rental rate of $200.00 per year, it being express- ly understood that the lessor or lessee shall be permitted to termi. nate the lease by giving sixty days notice of such intention. (See arti- cle 24 of lease attached). Passed, adopted and approved this 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 2"2 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes Within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. MY -Cap Vendors Inc., for Wm. J. Tindell, Jr., 1105 University Ave- nue Lime Rock Springs Co., for Holi- day Inn Motel, 1111 Dodge Street Lime Rock Springs Co., for Dodge House Motel, 701 Dodge Street Lime Rock Springs Co., for Pol- fers Milk House, 1875 Univer- sity Avenue My -Cap Vendors Inc., for RaY Fleckenstein, 3275 Central Ave- nue Lime Rock Springs Co., for Kari guns Holiday Grill (John C. & John J. Gantz), 2199 University Avenue t Regular Session, BE IT FURTHER RESOLVED February 5, 1982 51 Passed, adopted and approved that the bonds filed with the ap- this 5th day of February, 1962. plications be approved. LOUIS SCHALLER Passed, adopted and approved Mayor ! this 5th day of February, 1962. JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS Mayor JAMES J. KEAN JOHN P. SCHREIBER ROBERT J. ORGAN PETER J. TAKOS Couuncilmenedme n Attest: LEO F. FROMMELT JAMES J. KEAN City Clerk ROBERT J. HORGAN Councilmen Mayor Schaller moved the adop- Attest: LEO F. FROMMELT tion of the resolution. Seconded City Clerk by Councilman Schreiber. Carried by the following vote: Councilman Schreiber moved the Yeas—Mayor Schaller, Council - adoption of the resolution. Second- men Horgan, K e a n, Schreiber, ed by Mayor Schaller. Carried by 'I'akos. the following vote: Naye—None. Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. RESOLUTION NO. 8-62 kos. WHEREAS, applicationstions for Beer Permits were filed by the Nays—None. within named applicants and they RESOLUTION NO. 27-62 have received the approval of this WHEREAS, application for Beer Council; and WHEREAS, the premises to be Permits have been submitted to occupied by such applicants here this Council for approval and the inspected and found to comply same have been examined: NOW, with the ordinances of this City, THEREFORE, and they have filed proper bonds; BE IT RESOLVED by the City NOW, THEREFORE Council of the City of Dubuque, BE IT RESOLVED by the City Iowa that the following applica- Council of the City of Dubuque, tions be granted and licenses be Iowa that the Manager be and he issued upon the compliance with is hereby directed to issue to the the terms of the ordinances of the following nsmed applicants a beer City. permit. CLASS "B" BEER PERMITS CLASS "B" PERMIT Joseph P. and Bernice Hillard, 431 Joseph P. & Bernice HiUard, 431 Rhomberg Avenue Rhomberg Avenue William J. Tindell, Jr., 1105 Uni- William J. Tindell, Jr., 1105 Uni- versity Avenue versity Avenue Carl E. Nagelmaker, 3203 Jackson Carl E. Nagelmaker, 3203 Jackson Street Street William E. O'Neill, 55 Locust William E. O'Neill, 55 Locust Street Street Airs. Eunice Wright, 2600 Jackson Mrs. Eunice Wright, 2600 Jackson Street Street Maurice H. Mellon, 1027 Mom - Maurice H. Mellon, 1027 Rhomberg berg Avenue Avenue CLASS "B" PERMIT FOR PRIVATE CLUB CLASS "B" PERMIT Dubuque Boat Club Inc., 2856 Lin - FOR PRIVATE CLUB coln Avenue Dubuque Boat Club Inc., 2656 l.in- CLASS "C" BEER PERMIT Coln Avenue National Tea CO., 1313 Dodge CLASS "C" BEER PERMIT Street National Tea Co., 1313 Dodge John J. Heiderscheit, 1278 Central Street John J. Heiderscheit, 1278 Central Avenue BE IT FURTHER RESOLVED Avenue that the bonds filed by such ap- r' 52 Regular Session, February 5, 1962 plicants be and the same are here- by approved. Passed, adopted and approved this 5th day of February, 1962, LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta- kos. Nays—None. There being no further business Councilman Schreiber moved to ad. journ. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. LEO F. FROMMELT City Clerk Approved ... - - - t..20..........1862. Adopted ..... Au .....�.at ...... 20.). ........18bL. .e • ............................................. City Cleek I I i 0 U a Special Session, February 9, 1962 53 CITY COUNCIL receipts for municipal streets and parking as heretofore prepared, be and the same is hereby adopted OFFICIAL and approved as the Street Fi- nance Report for 1961. Special Session, February 9, 1962 passed, adopted and approved Council met at 1:30 P.M. this 9th day of February, 1961, Present—Mayor Schaller, Coun- LOUIS SCHALLER cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Mayor Chavenelle. JOHN P. SCHREIBER Mayor Schaller read the call and PETER J. TAKOS stated that service thereof had JAMES J. KEAN been duly made and that this meet- ROBERT J. HORGAN ing is called for the purpose of act- Councilmen ing upon a resolution approving Attest: LEO F. FROMMELT the City of Dubuque, Iowa, 1961 City Clerk Street Finance Report and acting WILLIAM J. O'BRIEN on any other business as may prop- Deputy City Clerk erly come before a regular meeting Councilman Takos moved the of the City Council. adoption of the resolution. Second- City Engineer White submitting ed by Councilman Schreiber. Car. a report of distribution of receipts ried by the followigg vote: and expenditures of the City of Du- Yeas—Mayor Schaller, Council- buque for Municipal Streets and men Horgan, Kean, Schreiber, Ta - Parking for the fiscal year begin- kos. + ning January 1, 1961 to December Nays—None. 31, 1961, presented and read. Councilman Takos moved that There being no further business the report be received and filed. Councilman Schreiber moved to Seconded by Councilman Schreiber. adjourn. Seconded by Councilman Carried by the following vote: Horgan. Carried by the following Yeas—Mayor Schaller, Council- vote: men Horgan, Kean, Schreiber, Yeas—Mayor Schaller, Council- Takos. men Horgan, K e a n, Schreiber, Nays—None. Takos. Naye—None. RESOLUTION NO. 29-62 LEO F. FROMMELT A Resolution approving the City City Clerk of Dubuque, Iowa 1961 Street WELLLAM J. O'BRIEN Finance Report. Deputy WHEREAS, a distribution of ex- penditures and receipts of the ••••1982. Approved ...AuBt 20 City of Dubuque for Municipal x Streets and Parking for the fis- cal year beginning January 1, August, 20, 1982 1961 and ending December 31, Adopted 1961, has been duly prepared in accordance with Chapter 168, 59th General Assembly Stale of Iowa, .. "' " and submitted to this Council for t approval; and WHEREAS, this Council has i examined the distribution of ex Councilor ....... .. ... . penditures and receipts of the City of Dubuque, Iowa, for mu- nicipal streets and parking, where ............. in the receipts and expenditures r for the fiscal year are shown. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that Att A. ......••••• •• •• distribution of expenditures and City Clark 54 Special Session, Fehn►ary 19. 1962 OTY COUKIL (OFFICIAL) Special Session, February 19, 1962. Council met at 7:30 P. M. Present—Mayor Schaller, Coun- cilmen Horgan. Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering adoption of a Heat- ing, Ventilating, Air -Conditioning & Refrigeration Code and acting on any other business as may prop- erly come before a regular meet- ing of the City Council. February 16, 1962 To the Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is the 1961 An- nual Report of the Carnegie -Stout Free Public Library. Respectfully submitted, Gilbert D. Chaveneae City Manager Councilman Takos moved that the communication and report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. the following vote: Yeas—Mayor Schaller, Council- men Nip= K e a n, Schreiber. Takos. Nays—bb=. Councilman Horgan February 19, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: February 19, 1962 To the Honorable Mayor and City Council Gentlemen: I hereby submit the Dubuque Program for Community Improve- ment (Workable Program). I re- quest that you consider this pro- gram and authorize the Mayor to sign it on behalf of the City of Dubuque. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved ap- proval of the program and author- ized the Mayor to sign same on behalf of the City. Seconded by Councilman Schreiber. Carried by HEATING Dubuque Sheet Metal Company, Western Surety Company Robert G. Steichen, d; b!a Ace Plumbing & heating Company, Western Surety Company Leonard J. Backes, d/b/a Bracon. ier Plumbing & Heating, Ameri- can States Ins. Company Dubuque Plumbing and Heating Company, Bituminous Casualty Corporation Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of January 1962, pre- sented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February 7, 1962 To the Honorable Mayor and City Council Gentlemen: The petition of Westchester Inc. requesting rezoning of parts of their property on old Timers Road to Local Business 11 was withdrawn Special Session, February by Homer Butt at a meeting of the 19, 1962 5.5 the property not needed for the one Planning and Zoning Commission hundred foot right-of-way provided held February 6, 1962. a deed restriction is placed upon Yours very truly, same stating no building shall be i Dubuque Planning & erected upon this property and the Zoning Commission proposed building by Hartig be By OWEN RILEY, Secy. kept at least four feet west of the east line of Lot 1 of 6 of 12 of Councilman Schreiber moved Mineral Lot 172, which is presently that the communication be received owned by Hartig. and made a matter of record. Car. Respectfully submitted, onded by Councilman Takos. Car- Dubuque Planning & ried by the following vote: Zoning Commission Yeas—Mayor Schaller, Council- By OWEN RILEY, Secy. men Horgan, Kean. Schreiber, Mayor Schaller moved that the Takos. Nays—None. recommendation be referred to the City Manager and Traffic Depart - February 7, 1962 ment for investigation and report. To the Honorable Mayor Seconded by Councilman Schreiber. Carried by the following vote: and City Council Yeas—Mayor Schaller, Council - Gentlemen: The Planning & Zoning Commis- men Horgan, Kean, Schreiber, sion has considered the request of Takos. Ta Nays—None. the North End Wrecking Company who desire to purchase City owned February 5, 1962 property and hillside adjacent to Hon. Mayor and the 32nd Street Detaining Basin. City Council The Commission believes that Gentlemen: this property should be retained by On the 25th day of November, the City and left in its present 1960, there was filed notice of state. claim by Bernell Busch, father and Therefore, we recommend denial next friend of David Busch, a of the petition. minor, and thereafter suit was en - Respectfully submitted, tered by said claimants against the Dubuque Planning & City of Dubuque, Iowa, and Under - Zoning Commission ground Constructors, Inc. claiming By OWEN RILEY, Secy. damages against the defendants in the total amount of $20,000.00, Councilman Schreiber moved ap• which damages arose from an alleg- proval of the recommendation. ed fall by David Busch on 755 Seconded by Councilman Kean. Monterest Street on October 16, Carried by the following vote: 1960, while riding his bicycle on Yeas—Mayor Schaller, Council- said roadway, and alleging an ae- men Horgan, Kean, Schreiber, cumulation of dirt and mud and Takos. other materials on said street caus- Nays—None. ed the boy's fall and resulting in - February 14, 1962 juries. To the Honorable Mayor That the City brought in another and City Council as third part defendant, and Gentlemen: tparty the City Attorney has been advised The petition of liartig Drug Co. by the attorneys for the plaintiffs stating their desire to purchase and for the other two defendants City owned property at Grandview that said claim has been settled in Avenue and Delhi Street has been full. considered by the Planning & Zon- That the settlement of the fore- ing Commission. going law suit was at no cost tot e The Commission believes that City. due to the importance of maintain- That the original claim and copy ing sight distance at this inter- section that a restriction should be of petition at law in the above en - is attached hereto. placed with the sale of this proper. titled matter Respectfully submitted, ty. Therefore the Planning & Zoning R. N. RUSSO, City Attorney Commission recommends sale of Special Session, February 19, 1962 Councilman Takos moved that the communication be received owed and filed. Seconded byCouncilman following Kean. Carried by vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of suit by Orlin J. Conlon and Merill Vanderloo plaintiffs vs. the City of Dubuque, defendant for petition in equity and praying that decree be entered quieting title to Lot 38 in Grandview Heights, pre- sented and read. Councilman Schreiber moved that the notice be referred to the City Solicitor. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Mrs. Myrtle I. Dockal objecting to any interfer- ence that may jeopardize entry to her property to the rear of Lot 38 in Grandview Heights, presented and read, Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February 19, 1962 To the Honorable Mayor and City Council Gentlemen: I recommend to the City Council that they request the City Engineer to prepare preliminary plans and specifications for street improve- ments for Lot 38 of Grandview Av- enue Heights Subdivision. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the fallowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of suit by Rosemary Adams, Plaintiff vs. City of Du- buque Defendant in the amount of $16,312.35 for personal injuries re- ceived in a fall on an icy sidewalk at 674-692 Lowell Street on Febru. ary 20, 1960, presented and read. Councilman Takos moved that the notice of suit be referred to the City Solicitor. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Marian Steger, in the amount of $45., for car damage incurred as the result of striking a raised water shut-off at 17th & Elm Street on February 6, 1962, presented and read. Coun- cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. Notice of claim of Stella M. Smith, in the amount of $50., for expenses incurred as the result of a backed -up sewer at 2030 Mullin Road on February 3, 1962, present- ed and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Marilyn Bro- man, in the amount of $90., for per- sonal injuries received as the result of a fall on an icy sidewalk north- east of Fulton School on .January 26, 1962, presented and read. Coum cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan. Kean, Schreiber, Takos. Nays—None. Notice of claim of Cletus P, Close, in the amount of $20., for car damage incurred as the result Special Session, February 19, 1962 57 of striking a defect in the street at Proof of Publication, certified 305 Kaufmann Avenue on Febru• to by the publisher, of Notice of ary 12, 1982, presented and read. public hearing to consider adoption Councilman Takos moved that the of the Heating, Ventilating, Air con- notice of claim be referred to the ditioning and Refrigeration Code, City Solicitor for investigation and presented and read. Mayor Schaller report. Seconded by Mayor Schal- moved that the proof of publication ler. Carried by the following vote: be received and filed. Seconded by Yeas—Mayor Schaller, Council- Councilman Takos. Carried by the following vote: men Horgan, Kean, Schreiber, Takos. Yeas—Mayor Schaller, Council- Nays—None. men Horgan, Kean, Schreiber, ' February 19, 1982 Nays—None. Honorable Mayor and City Council Mayor Schaller moved that the Gentlemen: rules be suspended in, order to let On January 25, 1982 Marie Vyver- anyone present address the Council if they so desire. Seconded berg filed original notice of suit by Councilman Takos. Carried by against City of Dubuque, Iowa the following vote: claiming damages of $500.00 as re- sult of injuries suffered by reason Yeas—Mayor Schaller, Council- Of a fall upon an alleged defective men Horgan, Kean, Schreiber, Takos. sidewalk at or near 285 West First Street, in the City of Dubuque, Nays—None. Iowa. That no petition was on file as Mr. Eldon Pfohl of 2591 Central Avenue objected to the proposed stated in the original notice by ordinance for the following rea- reason of stipulation between at- sons: 1—Objected to the home own- torney for plaintiff and the City er's clause. 2—Validity clause is Attorney as the plaintiff made an very restrictive. 3 --Police Power offer of settlement in the amount clause right to enter on private Of $100.00, which the City Attorney property. 4—Official waiver clause, recommends be accepted by the waive all responsibility. City. It is further recommended that Building Commissioner Bandy stated that a home owner can do the City Auditor be instructed to draw a warrant payable to Marie his own work providing he gets Vyverberg and Milton Vyverberg, a permit and has the work inspect• ed. Property owner is different her husband ,in the amount of $100.00 and transmit the same to than a home owner. As to the right the City Attorney for delivery to of entry on property this is usual. ly done by mutual agreement. the plaintiff upon receipt of a ! duly executed release and dismis- Forcible entry is a last resort and sal of the pending action with pre- if it would be invoked the inspect - or have to get a warrant judice. would from the courts. Richard Beaves The original notice of pendency stated that the registration fee of suit is hereto attached. for a business would be $100. A Respectfully submitted, home owner could take out a per - R. N. RUSSO, mit without certificate of compet- r City Attorney envy, whereas a property owner would be obliged to take out a cer- Mayor Schaller moved that the tificate of competency. Mr. W. J. recommendation of the City Attor- Chilton of 1180 W. 5th Street was ney be approved and the Auditor of the opinion that it was discrim- be instructed to draw proper war- inatory to charge one craftsman a rant as recommended. Seconded by Councilman Schreiber. Carried by fee to prove his worth and not others. It was explained to him that the following vote: the work is of a highly specialized Yeas—Mayor Schaller, Council- nature and a code is needed fo.. Clarence Brad, men Horgan, Kean, Schreiber, Takos. safety reasons. Mr. shaw a member of the committee Nays—None. stated that the fees are more rea• 58 S inial Session, February 19, 1962 t t --- --- __ tion Code of Dubuque Iowa of 111113, enCllm sonable than any other city 1 ereafter be referred to as tate "Heat. passing quite an area. He also gave RP�riVentilating, rn fon cg, it gond ti true copy public recognition t0 the committee o f w lch Is attached hereto marked members and praise for the fine Exhibit lher in, and and thenence same lis cooperation and work in drafting, hereby adopted. the code. Section 2. All ordinances or parts of ordinances insofar as conflicting here- ORUINANCE N0. 962 repealals tore ebeywithoutch ejudice eprIt uto An Ordinance establishing a any rights heretofore created, unless Heating, Ventilating, Air Condi filo s tcand without prejudice existing oany tioning and Refrigeration Code, penaftles nwo accrued or any prosecu- tions for past violation of any ordl- nanceb for which prosecutions are Councilman Schreiber moved now pending, or might have been just had be consid Wrought and such rights penalties or the that the reading j prosecutions are hereby expressly ered the first reading of the Ord- Councilman other persons In tnteresty of buquc, or any finance. Seconded by Takos. Carried by the following as section 3. shallat betnpublished ordinance Initbook vote: form. Yeas—Mayor Schaller, Council- Ventilatingion . Alr•Condilloning and this said Heating. Re- men Horgan, Kean, Schreiber, frigeration Code is adoptedd pursuant to Ieggal published notice followed by a Publ Takos. ie hearing or public hearings Nays—None. which have been duly held. That the Council has determined that the pro - Councilman Schreiber moved Iiontn Heating anRefrigeration' c a ondl- at. that the rules be suspended requir tacned and as "Exhibit ^A^ shall Ing an Ordinance to be read on Ventl Ventilating, hereby adopCondfil nln d as a and Heating, three separate days. Seconded by frigeration Code for the c�l of Du - Councilman Takos. Carried by the of gine Iowa, atingndthat an ventilating off Aci� cil CoriR, following vote: tioning and Refrigeration Code,, as Yeas—Mayor Schaller, COUilell by the City lClcrktcasdtoglls adopttonteand tile men Horgan, Kean, Schreiber, effective date is on file at the office Takos. of the City Clerk, where coples of such Nays --None. Heating Ventilatingg AirConditioning y and Refriggeration Code are and shall he avatlable for public fnsppectlons and for sale at cost to the pubic, ea`I that a copy of such Heating, Ar-Conditioning and Refrigeration Code shall be furnished to the State Low libraries, the Municipal Libraries and to all newspapers of general clr- culation published in the City of Du- tionsesituuted In the City commercial of Dubuque Section 5. This Ordinance shall be In full force and effect on and after March 1, 1962. Introduced the 19th day of February, 1962. Rule requiring reading on three sepa- rate days suspended by unanimous vote the 19th day of February, 1962 Passed by recorded roll call vote, adopted and appproved this 19th day of February, I M, - LOUIS SCHALLER Mayor JOHN 11. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HOCu nNlmrn ORDINANCE NO. 9.62 AN ORDINANCE establlshing a Code for the Installing, Servicing, Malntain- 1ng and Using of all heat producing appliances; Heating, Ventilat.111 Air - Conditioning, Refrigeration, Blower and Exhaust Units or Systems; Natural and Liquified Petroleum Gas Appli- ances and Piping; Liquifled Petroleum Gas Storage Tanks or Bottles for UUlizatlon; Nuel Oil Storage Tanks and Oil Burning Equipment; Stokers and Other Solid, Liquid or Gaseous Fuel Burning Equipment and all appurtences for use In connection or conjunction with the installation of any one or any combination of any of the aforesaid for residential, commercial or Indus- trial use in heating, cooking, bakingg, processing or powergenerating, etc.; in or adjacent to any ullding or struc- ture of any class or occupancy within the Jurisdictional limits of the City of Dubuque, Iowa; creatingg the Depart- ment of Heating, Venlilating. Air -Con- ditioning, and Refrigeration within the nuildintt Deoartment. the Office of and Refrigeration Inspector, and the Board of Heating, Ventilating, Air -Con- ditioning and Refrigeration; for the purpose of prescribing, compiling, con- denbin , promulgating and enforcing regulations consistent with nationallyy recognized good pracUces and start ards by requiring businesses to be reg. istered, installers and servicers to be certified as competent, permits to be obtained and inspections to be made, FEES THEREFORE; and providing the penalties for violation of bald Ordi- nance. NOW, THEREFORE. BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA - Section 1. That the Heating, Ventl- luting, Air -Conditioning and Refrigera. Attest: Leo F. Frontmell City Clark Published tile rldayapO Heradnews; perthls 23rd Of February, 1962. Leo F. Froiumelt City Clerk 11. 2-23 Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: 0 Special Session, February 19, 1962 59 Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 1242 An Ordinance accepting convey- ance of certain parcels of real estate and establishing and mak- ing a public street thereon, presented and read. Councilman Schreiber moved t that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. ` Nays—None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 12.62 An Ordinance accepting conveyance of certain parcels of real estate and establishing and naming a public street thereon. NOW TIIEREFORF. BE iT OR- DAINE6 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyances of the following described real estate sit- uated in the City of Dubuque, Dubuque County, Iowa described as: Lot 2 ole of 1 of Lot 156 L. H. Langworthy', Ad - f I of ilnof Lot Dubuque, L H. Langand Lot 2 ofworthy e Addition to Dubuque In the Clty of Du- buque, Iowa be and the same are here by accepted by the City of Dubuque and a gubuc street established thereon to be known hereafter as Kane St. Section 2. That the City Clerk be and he Is hereby authorized and directed to file a certified copy of this Ordi- nance In the office of the County Re. corder of Dubuque County, Iowa. Section 3. This Ordinance shall be In full force and effect from and after Its final passage, adoption and publica- tion as by law provided. Introduced the 19th day of February, 1962. Rule requiring reading on three separate days suspended by unanimous vote the 19th day of February, 1962. Passed by recorded roll call vota adopted and approved this 19th day 601 February, 1962. LOUIS SCHALLER Mayyo��r JOHN P. SCIMIBER PETER TAROS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph - Herald newspaper this 23rd day of Feb- ruary, 1962. Leo F. Frommelt, It 2.23 City Clerk Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February 7, 1882 To Honorable Mayor and City Council Gentlemen: The petition of Francis E. Kelly and Wm. J. Byrne requesting re- zoning of Lots 1 and 2 Kelly - Byrne Place from Local Business District "A" Classification to Local Business District "B" Classifica- tion has been considered by the Planning and Zoning Commission. The petition states that previous request for Local Business "A" was confined because the Motel was not a certainty. The Motel is now erected and is a very fine addition to our City and the Planning & Zoning Com- mission recommends granting the request. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN Rn EY, Sec'y. Mayor Schaller moved that the recommendation of the Commis- sion be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 13-62 An Ordinance Amending the Zon- ing Map and Zoning Ordinance of the City of Dubuque, as provided by Ordinance No. 3.34, designated the Zoninz Ordinance so as to change Lots 1 & 2 of Kelly -Byrne Place in the City of Dubuque from Local Business District "A" to Local Business District "B" Class. ifciation, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Special Session, February 19_190? 60 Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that a public hearing be held on the Ordinance on March 19, 1962 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February 14. 1962 To the Honorable Mayor and City Council Gentlemen: the petition provided they could have their property included in the rezoning and considered with the Plaza "20" petition. If they could not be included then they would object. The chairman stated he would accept an oral petition for rezoning of the property adjacent to Dodge Street owned by Al Weber, Ted Bowman, Robert Zehentner and Plaza "20". Mr. Reilly of Plaza '20" joined in this petition. After a thorough discussion of the whole area the Planning & Zon- ing Commission recommends that the petition of Plaza "20", Wm. J. Reilly and George and Addie Jeck- lin be granted and the oral peti- tion of Al Weber, Ted Bowman and Plaza "20" by Wm. Reilly request- ing rezoning of Lots 4, 5, 6, 7 and it of Burkarts Sub. to Local Busi- ness District "B" be granted. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN REILLY, Sec. The petition of Plaza "20" by Wm. Reilly and George and Addie Jecklin requesting zoning of part of recently annexed property and rezoning of property now zoned as single family residence district all to be zoned as Local Business Dis- trict "B" Classification has been considered by the Planning & Zon- ing Commission. Mr. Reilly explained the propos- ed use and layout of the plan of Plaza 1120" and when questioned about the size of proposed area he stated that the area to be zoned (re- cently annexed area) totaled 12.7 acres the area to be rezoned which is indicated on plat as area "A" include a portion parallel to Dodge Street and behind the motel. Total area of Area "A" 13.2 acres. This makes a total of 25.9 acres. The total area of Plaza "20" and Jecklin is 70 acres. The tenants of the area require extensive parking spaces. The proposed use antici- pates four square feet of parking for one square foot of business. There were no written objection to the petition and when the chair- man asked if there were any oral objections Mr. Al Weber, 2560 Dodge and Mr. Ted Bowman, 2880 Dodge who are adjacent owners slated that they had no objection to Councilman Schreiber moved that the recommendation of the Planning & Zoning Commsision be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 14-62 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque as provided by Ordinance No. 3.34 so as to change Lots 4, 5, 6, 7 & 8 of Burkart's Subdivision from Single Family Residence District Classifi- cation to Local Business District "B" Classification, presented and read. Councilman Schreiber moved that the reading just had be consid- ered the first reading of the Ord. inance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded Special Session, February 19, 1962 61 by Councliman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takes. Nays—None. Councilman Schreiber moved that a public hearing be held on the Ordinance on March 19, 1962 at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 15.62 Ali Ordinance Amending and Changing the Zoning Map and Zon- ing Ordinance as provided by Ord- inance No. 3-34 so as to change t lots 1 & 2 of the Subdivision of Lot Iof1ofIof Iof1of1ofI of George Jecklin Farm and Lot 2 of 1 of 1 of 1 of 1 of 1 of l of George Jecklin Farm in the County and partly in the City of Dubuque from Single Family Dis- trict Classification to Local Busi- ness District "B" classification, pre- sented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Iforgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that a public hearing be held on the Ordinance on March 19, 1962, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 16.62 An Ordinance Amending Ordin- ance No. 33.49 known as the Traffic Code of Dubuque, Iowa, by Repeal- ing Schedule IV thereof and by enacting a new schedule IV in Lieu thereof, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ord- inance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 1"2 AN ORDINANCE AMENDING AN OR- DINANCE NO. 33.49 KNOWN AS THE TRAFFIC CODE OF DUBUQUE IOWA BY REPEALING SCHEDULE IV THEREOF AND BY ENACTING A NEW SCHEDULE IV IN LIEU THEREOF. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQL% IOWA - Section 1 That ScAedule IV of Or- dinance No. 33-49 be and the same is hereby repealed and the following new Schedule IV enacted in lieu thereof: "SCHEDULE IV "In accordance with Section 16.5 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than here- inafter indicated between the hours of 9 A.M. to 6 P.M. on any day except Sundays and public holidays uupp�on the streets or parts of streets Y lollorovs: "A. The following streets or portions are designated as two hour time zones: I Streettdnotth to Street point 360 nes it ouch of West let Street. 2. est Main Street from Jones Stdreetoto Shields Street. 3. osefretMlnrte from DodgStetoChar Street. 4 Jones Street to Main Street - 3. from 5. Both sides of Bluff Street from West let Street to West 4th Street. 6. Moth sides of Central Avenue from East 15th Street to East 24th Strcet 7. toner Street tolWstt4thrStreet m 62 Special Session, Febmary 19, 1J62 8. Both sides of West 1st Street from Locust Street to Bluff Street. 9. Both sides of West Ind Street from Iowa Street to Locust Street. 10. Both sides of West 3rd Street from IowaStreet to Locust Street. 11. Both sides of West 4th Street from Bluff Street to a point 50 ft. east of the west end of West 4th Street. 12. The north aide of West Sth Street from Bluff Street to a point 196 ft. west thereof, 13 Both sides of East 5th Street from Central Avenue to White Street. 14. Both sides of East 6th Street from Central Avenue to white Street 15. Both sides of East "th Street from Central Avenue to White Streets, and the north side mih from White Street to Jackson Street. 16. Both sides of Fast 9th Street from Central Avenue to White Street, and the south side only from Jack- son Street to Washington Street, 17. The west side of Jackson Street between East 10th Street and East 12th Street. 18. On the west side of Locust Street between Loras Boulevard and 15th Street. 19. On both sides of Fast 16th Street between Central Avenue and White Street. 20. Both sides of White Street from East 9th Street 21. Both sdesOf WhiitegtStreetStfrom East 14th Street to East 18th Street. 22. North side of Clarke Drive from North Grandview Avenue to a t thereof. 23. Point uth side Of s University Avenue from Irving street to Asbury Street. 24. The south side of Univeralty Ave- nue from Alpine Street to Nevada Street. 25. Both sides of Univcr,!iv Avenue from Nevada Street to a point 100 26. ft- west Of ooth - On both sidesoof Ff r• ,e t1Gth Street From Pine Street Street. t Sycamore 27. The North side of Dodge Street from Bluff Street to a point 80o ft 28. Onnorth westerly the ufsideof Street. t University Avenue from Loras Boule%ard to Algona Street." Passed, adopted and approved this 19th day of February A.D., 1964, by unanimous roll call vote. LOUIS SCHALLER JOHN P, SCHREIBER PETER J. TAKOS JAMES KEAN ROBERTJJ. HORGAN Attest:Leo F. Frommelt uncilmrn City Clerk Published officiary In the Telegraph. Herald newspaper this 23rd day of Feb. ruary 1962 LEO M. FROM -MELT It. 2-23 City Clerk Councilman Schreiber moved the adoption Of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition Of Nome Builders Asso. ciation of Dubuque requesting con- sideration be given to an active builder or journeyman carpenter to replace a vacancy on the Plan ! ning K Zoning Commission, pre. sented and read. Councilman Schreiber moved that the petition be referred to the Council. Sec- onded by Councilman Kean. Car. ried by the following vote: I Yeas—Mayor Schaller, Council. I men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Council recessed at 10:05 P.M Council reconvened at 10:10 P.M. Petition of Ryder Realty Co. re- questing release of a sidewalk construction bond issued to Wil- liam I.yons, presented and read. Councilman Takos moved that the Petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta kos. Nays—None. Petition of the American Insur- ance Group requesting release of the sidewalk construction bond is- sued to John G. Schiltz d/b/a Schiltz Construction Co., presented and read. Councilman Takos moved that the petition be grant- ed. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Petition of V.F.W. requesting permission to hold a buddy poppy sale on May 11th and 12th, pre sented and read. Councilman Ta- kos moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Schreiber. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Petition of Andrew D. Karigan requesting a refund of $25 on the unexpired portion of cigarette li- cense No. 163, presented and read. Councilman Takos moved that the refund he granted and the Auditor lrstructod to issue a warrant pay able to Andrew D Karigan, in the amounl of $25, to cover the amount dui• on the unexpired por u Special Session, February 19, 1962 tion of cigarette license No. 163. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Daughters of the Civ- il War D. U. V. requesting per- mission to hold a tag day sale on June 15th and June 16, 1962, pre- sented and read. Councilman Ta- kos moved that the petition be granted providing there are no conflicting dates. Seconded by Ma- yor Schaller. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Wilson Conlan re- questing reconsideration in the opening and improving of the al- ley running north and south be- tween Delaware and Green Streets and also offering to stand half the cost of the improvement, pre- sented and read. Councilman Schreiber moved that the petition be referred to the City Solicitor and City Manager and also that the City Manager be instructed to alert his staff as to seeking out alleys. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Attorney Robert Bertsch ad- dressed the Council in behalf of Wilson Conlan by stating that the alley was dedicated in January 1891 and was accepted by the City. There are no improvements in the alley by other property owners. Mr. Conlan has approximately $35,000 invested in the new homes abutting the alley which should be opened as a matter of right. Not as a privilege but definitely as a matter of legal right. The physical condition of the area needs some work and improving. Mr. Emil Althaus stated that he owns two lots on the north end of the alley and stands to lose the most. He was somewhat concerned that if the alley was opened and a drain- age sewer constructed it may dam - :12 age the walls of the foundation of his home. Mr. Dan Miller stated that the grade of the alley was not taken into consideration at the time the houses were constructed. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider revocation of Class B Beer License No. 96 issued to Eldon A. Morett because of abandonment of said license, presented and read. Mayor Schal- ler moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote- Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. The City Clerk read the follow- ing letter sent to Eldon A. Mored: by Registered U. S. Mail, return re- ceipt requested: February 13, 1962 Mr. Eldon A. Morett, 678 Central Avenue, Dubuque, Iowa Dear Sir: You are hereby notified that on the 19th day of February 1962, at 7:30 P.M. the City Council of the City of Dubuque, Iowa, will hold a hearing in the Council Chamber, in the City Hall, in the City of Dubuque, Iowa, to consider revocation of Class "B" Beer Per- mit No. 96, issued by the City Council to Eldon A. Morett for the reason that the said Eldon A. Morett has abandoned said Class "B" Beer permit No. 96 and the premises wherein said Class "B" beer permit No. 96 has been lo- cated. You are hereby further notified that unless you appear at said time and place and object to the pro- posed action of the Council, said Class "B" Beer Permit No. 96 is- sued to Eldon A. Morett will be revoked by the City Council. liy order of the City Council dated this 9th day of February 1962. Respectfully, Leo F. Frommelt, City Clerk By William J. O'Brien, Deputy City Clerk Councilman Takos moved that the communication or notice be i r 1 gq Special Session, February 19, 1962 made a matter of record. Seconded by Councilman Schreiber. carried by the following vole: j Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. For the benefit of the record the City Clerk informed the Coun- cil that the registered mail notice sent to Eldon A. Morett was re turned by the postal department unopened as not being claimed at. the address of 678 Central Avenue. Mayor Schaller swore in Mr. Henry Feye of 163 Bradley Street preliminary to his testimony at the hearing. The hearing was con- ducted by City Solicitor Russo. Mr. Henry Feye stated he was the owner of the building at 678 Cen- tral Avenue and same was rented to Al Morett and was operated un- der the name of Al's Tap. Said building was rented by the month and the rent was paid to take care of the month of February. As far back as the 6th of January it seemed as though the building was empty and all the doors were un- der lock and key. Mr. Eldon A. Morett's brother entered the build- ing with the sheriff after it seemed that Eldon A. Morett had abandoned the property. Mr. Mor- ett has not been operating the tavern and no one seems to know where he is. Eldon Morett's broth- er was seeking to operate the tav- ern for himself evidently until El- don could be located. No one ap- peared in behalf of Mr. Eldon A. Morett. upon the proposed action of the City Council and caused notice of its proposed action to revoke the Class B Beer Permit No. 96 issued to Eldon A. Morett for the reason that same has been abandoned by said permittee, to be published in the Telegraph -Herald, a newspa. per of general publication, pub. lished in the City of Dubuque, Iowa, and caused notice of the time and place of hearing upon its proposed action to be served upon Eldon A. Morett by U.S. Reg- istered Mail at his last known ad- dress; and WHEREAS, the City Council on this 19th day of February 1962 met in the City Council Chamber, in the City Hall, City of Dubuque, Iowa at 7:30 o'clock P.M. and Eldon A. Morett not appearing nor anyone appearing for him, heard the testimony of witnesses under oath finds and determines that Eldon A. Morett, doing busi- ness as Al's Tap at 678 Central Avenue, in the City of Dubuque, Iowa has abandoned said premis- es and has abandoned Class B Beer Permit No. 96 issued to said per- mit. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Class B Beer Permit No. 96 issued to El- don A. Morett doing business as Al's Tap at 678 Central Avenue in the City of Dubuque, Iowa, be and the same is hereby revoked for the reason that said permittee has abandoned said Beer Permit RESOLUTION NO. 30-62 and has abandoned the premises wherein said Class B Beer Permit WHEREAS, the City Council of No. 96 has been located. Dubuque, Iowa has heretofore is- $ection 2. That the Chief of Po - sued Class B Beer Permit No. 96 lice is hereby directed to take to Eldon A. Morett, doing business up such Permit No. 96 forthwith as Al's Tap at 678 Central Avenue, and return the same for cancel* Dubuque, Iowa; and lation. WHEREAS, it appearing to the Passed, adopted and approved City Council that the said Eldon this 19th day of February, A.D. A. Morett has abandoned said Class B Beer Permit and the prem 1962 by unanimous roll call vote. ises wherein said Class B Beer LOUIS SCHALLER Permit No. 96 has been located; Mayor and JOHN P. SCHREIBER WHEREAS, the City Council of PETER J. TAKOS Dubuque, Iowa fixed the 19th day JAMES J. KEAN of February, 1962 at 7:30 o'clock ROBERT J. HORGAN P.M. in the City Council Chamber, Councilmen City Hall, City of Dubuque, Iowa, I Attest: LF0 F. FROMMELT as the time and place of hearing ('ity Clerk r Special Session, February 19, 1962 85 Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. August 31, 1961 To the Honorable Mayor and City Council, Gentlemen: Herewith submitted for your consideration is subdivision plat of Pearls Subdivision. This subdivision is located at Grandview Ave. and Kane Street and is owned by Otto Spechtenhau- ser and has been approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 31-61 A Resolution Approving the Plat of Pearl's Subdivision. Where there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 30 and Lot 1 of Lot 2 of Lot 1 of Lot 31 of Burton's Addition and Lot 1 of Vacated Bauer Street in the City of Dubuque, Iowa, are platted as "Pearl's Subdivision," consisting of 3 lots by Otto Spechtenhauser as owner thereof; and Whereas said plat has been ex- amined by the Dubuque Planning & Zoning Commission and ap- proved by it; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto; and no new street is involved therein; Now Therefore Be it Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the aforesaid lots, which will be here- after known as Pearl's Subdivision, is hereby approved and the Ma- yor and City Clerk are hereby au. thorized and directed to endorse the approval of the City of Du. buque upon said plat. Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAROS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 32-0 ..Resolution for Transfer of Dead Funds. WHEREAS, there is now in the hands of the treasurer the sum of $264.99, credited to the Ceme- tery -Municipal Enterprise fund, and WHEREAS, said sum of money was raised for the purpose of Cemetery Decorations, and WHEREAS, the purpose for which said sum of money was raised has ceased to exist, NOW, THEREFORE, be it re- solved by the City Council of Dubuque, Iowa of Dubuque Coun- ty, Iowa, that the said sum of $264.99 be and the same is hereby transferred from the Cemetery. Municipal Enterprise fund to the General fund and the City Auditor is directed to correct his books accordingly and to notify the treas- urer of this transfer, accompany- ing the notification with a copy of this resolution and the record of its adoption. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk The above and foregoing resolu- tion was adopted by the City Coua- cil of the City of Dubuque, Du- buque County, Iowa, at a apecial meeting of the same on the 19th 66 Special Session, February 19, 1962 day of February A.D. 1962. The vote thereon being as follows: Ayes—Louis Schaller, John P. Schreiber, Peter J. Takos, James J. Kean, Roberti. Horgan. Nays—None. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. f. Kean, Robert J. Horgan. Nays—None. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 33-62 Resolution for Transfer of Dead Funds. WHEREAS, there is now in the hands of the treasurer the sum of $278.81, credited to the City As- sessment Expense fund and WHEREAS, said sum of money was raised for the purpose of Pay- ing Operation and Maintenance Ex- pense of the City Assessor's Office, and WHEREAS, the purpose for which said sum of money was raised has ceased to exist, NOW, THEREFORE, be it re- solved by the City Council of Du- buque, Iowa of Dubuque County, Iowa, that the said sum of $278.81 be and the same is hereby trans- ferred from the City Assessment Expense fund to the General fund and the City Auditor is directed to correct his books accordingly and to notify the treasurer of this transfer, accompanying the noti- fication with a copy of this resolu- tion and the record of its adoption. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk The above and foregoing reso- lution was adopted by the City Council of the City of Dubuque, Dubuque County, Iowa, at a special meeting of the same on the 19th day of February, A.D., 1962. The vote thereon being as follows: Ayes—Louis Schaller, John P. Schreiber, Peter J. Takos, James RESOLUTION NO. 34-62 Resolution Accepting an eight inch Sanitary Sewer constructed inSamuel Street and Bush Street. WHEREAS, under the provisions of Ordinance No. 14 61, Eldon T. Herrig has constructed a sanitary sewer, and WHEREAS, the City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, the permittee under said ordinance has filed with the City Council a certified statement showing all the amounts paid in connection with the construction of said sewer, including engineer- ing and inspection fees amounting to $9,579.94. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That said sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque. Section 2. That the acceptance of said sewer by the City of Du. buque and the establishment of said sewer as a public sewer shall not be construed to relieve Eldon T. Herrig, or his contractor, or his bondsmen from their obliga- tion, or the obligation of any one of them to keep said sewer in good repair for a period of not less than four years from the date of this resolution as provided in or. dinance No. 14-61. Special Session, February 19, 1962 87 Section 3. That hereafter any person or persons desiring to con- nect with said sewer, shall first apply to the City Manager for permission to do so and such per- mission shall be granted upon con- dition that the applicant shall pay to the City Treasurer for the ac- count of Eldon T. Herrig, a con- nection charge of $5.97 per front foot of land to be served by said connection. However, nothing in this resolution shall be construed to exact any charge for any ex- tension of said sewer made by the City of Dubuque or its permittees. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the Office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 35-62 WHEREAS, at the regular mu- nicipal election held in the City of Dubuque, Iowa, on November 7, 1961 there was submitted to the qualified electors of the City of Dubuque, to be by them voted upon, the proposition of whether Daylight Saving Time should be observed annually in the City of Dubuque during the year 1962 and the year 1963. WHEREAS, the majority of the qualified electors of the City of Dubuque voted in favor of such proposition. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. City of Dubuque, Iowa shall observe Daylight Saving Time of one hour per day from the 3rd day of June, 1962 to the 2nd day of September, 1962, be. ginning with the 3rd day of June of 1962, at 2 A.M. and ending Sep. tember 2, 1962, at 2 A.M. Passed, adopted and approved this 19th day of February, A.D. 1962 by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. February 7, 1962 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for your consideration is subdivision plat of Johansen Sub. This property is located on the Old Timers Road north of Asbury Road and is being subdivided in this manner to provide space for future extension of Kaufmann Ave- nue in connection with a subdivi- sion to the west. This plat has been approved by the Planning & Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Ma- yor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 36-61 Resolution Approving Plat of Johansen Subdivision in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which gg Special Session, February 19, 1962 Lot 2 of I.ot 2 of John P. Mettel's Subdivision Number 2 in the City of Dubuque, Iowa is platted as Lot 1, Lot 2 and Lot 3 of Johansen Subdivision in the City of Du- buque, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en. dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 19th day of February A.D., 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 19th day of February, 1962. f.OUIS SCHALLER Mayor JOHN P. SCHREIBER PETER .l. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 37-62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Lime Rock Springs Co. (for Thomp- son's Tavern), 210 West 1st Street Lime Rock Springs Co. (for Elaine Portwine), 1040 University Ave- nue BE IT FURTHER RESOLVED RESOLUTION NO, 38-62 WHEREAS, applications for Beer Permits have been submitted to this Council approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions be granted and licenses be issued upon the compliance with the ordinances of the City. Kenneth J. Love, 37 Eighth Ave- nue Mathias A. Schneller, 132 Eighth Avenue Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec onded by Mayor Schaller. Carried by the following vote: Yea,—Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION No. 39-64 WHEREAS, applications for + Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Special Session, Febniary 19, 1962 69 WHEREAS, the premises to be Approved All 8t 20 ..... 8 ................,....1982. occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Kenneth J. Love, 37 Eighth Ave- nue Mathias A. Schneller, 132 Eighth Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Mayor Schaller announced the appointment of the following citi- zens to the Civil Defense Advisory Board; City Manager Gilbert D. Chavenelle, Councilman Robert J. Horgan, Dr. Paul Laube, Rev. Don- ald R. Hutchinson, City Engineer John L. White, Arthur Roth, Cap- tain Francis lienkels, Fire Chief Thos. C. Hickson. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays --None. LEO F. FROMMELT City Clerk August 20, Adopted ......................................1962. Councilm ......... ......... ......................... City Clerk Regular Session, March 5, 1962 71 CITY COUNCIL (Official) Regular Session, March 5, 1962. Council met at 7:30 P. M. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Takos. City Manager Gilbert D. Chavenelle. Absent —Councilman Schreiber at roll call. Mayor Schaller read the call and stated that service thereof had been duly made and that this is the regular monthly meeting of the City Council for the purpose of acting on any business, that may properly come before the meet- ing. CORRECTED CERTIFICATION February 19, 1962 To the Honorable Mayor and City Council Gentlemen: Attached herewith is the certifi- cation of cost for the Samuel and Bush Street Sanitary Sewer con- structed according to Ordinance No. 14-61. This sewer will serve 1604.25 feet of frontage along Bush and Samuel Street. 1370.8 lin.Ft. 8" sanitary . sewer @ $3.00 ..............$4,122.40 630 lin. ft. manhole side. wall Cu 20.00 .................. 1,260.00 7 manholes — bases @ 25.00 ................................ 175.00 7 manholes—rings & cov- ers C', 50.00 .................... 350.Oa 40 lin. ft. Y branches @ 4.50 .................................. 180.00 173.33 cu. yds. rock exca- vation @ 15.00 .............. 2,599.9.' Inspection Charge (City) 150.0( Engineering Cost .............. 752.51 $9,579.9. Respectfully submitted, Eldon T. Herrig Subscribed and sworn to before me this 20 day of Feb. 1962. Margaret Hughes Notary Public in and fo Dubuque County, Iowa Councilman Takos moved this the communication be receive and made a matter of record. Se( onded by Councilman Kean. Cai ried by the following vote: Yeas—Mayor Schaller, Counci men Horgan, Kean, Takos. Nays—None. Absent—Councilman Schreiber. revious Cost Filed- 1/22/62 iled- 1/22/62 ............................ $8,428.54 February 28, 1962 lonorable Mayor and [embers of the City Council ientlemen: In accordance with the provi- ions of the 1958 Code of Iowa, the :ivil Service Commission ronduct- A an entrance examination on )ecember 12, 1961, for those seek - ng positions on the Fire Depart- nent. Mr. Frederick Nagel passed a vritten examination with an av- �rage of 80.83%. His name did iot appear on the original certi- Ied list submitted to your hon- )rable body at the Council meet- ing of February 5, 1962, due to a !ontinued delay in completing his physical examination. The exam- ination has now been completed to the satisfaction of all concerned and we have been instructed by the Fire Pension & Retirement Board under date of February 28, 1962 to certify Mr. Nagel's name to the Council for appointment. Respectfully submitted, J. A. CAREW Chairman LOUIS J. LAGEN A. G. WRIGHT Commissioners Civil Service Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me a Notary Public this 5th day of March 1962. (Notarial Seal) CHARLES J. JENAMAN Notary Public Councilman Takos moved that the communication be received and made a matter of record. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Takos. Nays—None. Absent—Councilman Schreiber. Councilman Takos moved that the rules be, suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, council- Yeas--Mayor Horgan, Kean, Takos. Nays—None. Absent—Councilman Schreiber. 72 Regular Session, Lurch 5, 1962 Mr. Frederick Nagel of 1432 Gar- field Ave. addressed the Council relative to his physical examina. tion for a position on the Fire de- partment. He expressed dissatis- faction with his first examination by one of the doctors. He claimed the doctor's office was noisy which made it difficult to conduct a proper hearing examination. Councilman Takos moved that the Pension and Retirement Board be asked to submit a report for the April 2nd meeting concerning this particular case. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Takos. Nays—None. Absent—Councilman Schreiber. COUNCILMAN SCHREIBER en. tered the Council Chamber at 8:15 P.M. and took his place at the Council Table. February 14, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er, City Health Department and City Water Works for the month of January, as well as a list of claims and payrolls for which war- rants were issued for the month of January, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. February 26, 1962 To the Honorable Mayor and City Council Gentlemen: I submit for your consideration, the audit report of the Water De- partment for the year 1961. The audit was conducted by O'Connor, Brooks, Ahrendt and Brooks, certified public account- ants. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. March 5, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same, subject to the approval of the City Solicitor: PUBLIC OFFICIAL BOND Romolo N. Russo, City Solicitor, Ohio Farmers Insurance Co. SIDEWALK BONDS Raphael H. Strub, Western Surety Company Richard and Louis Huseman, American Surety Co. of N.Y. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the bonds be filed subject to the approval of the City Solicitor. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. March 5, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred the matter of the purchase of city property at the northwest corner of Delhi Street and Grandview Avenue to the Traffic Division for review. Attached is a report written by Traffic Sergeant Jenaman. The re- port has been reviewed and ap- proved by the Traffic Committee. It is our recommendation that the traffic requirements set out in the report be included as a condi- tion of the proposed sale of the property. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the Manager negotiate the sale of the property. Seconded by Councilman Horgan. Carried by the following vote: Regular Session, March 5, 1962 73 yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. February 23, 1982 Hon. Mayor & City Council Gentlemen: On October 23, 1961 there was filed the claim of Margaret Specht in the amount of $2,750.00 and on the same date there was filed the claim of John M. Specht in the amount of $3,150.00. The alleged grounds of negli- gence were not caused by the City of Dubuque but said street where at the alleged injuries occurred was under construction by an in- dependent contractor. The City Attorney's office has been advised that the claimants have settled their claim with the contractor at no cost to the City. Original respective claims at- tached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. March 5, 1962 Hon. Mayor & City Council Gentlemen: On November 20, 1961, J. A. Pye of 2485 Pearl St., Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $1,000.00 for damages allegedly resulting from the backing up of a sewer on November 3, 1961. I have made an investigation of this matter, have conferred with Mr. Cletus Allen and with Mr. Donald Bandy, and have conferred with the claimant, who has made an offer of settlement in the amount of $375.00. It is the recommendation of the City Attorney, without any admis- sion of liability on the part of the City of Dubuque, that said offer of settlement by Mr. J. A. Pye be accepted on condition that he fur- nish proof of the installation of a back water valve in the sewer line entering his home and that he City Auditor be instructed to craw a warrant payable to Mr. J. k. Pye and Elsie Pye, his wife, in he amount of $375.00 and to de- liver the same upon receipt of proof of installation of back water valve and upon receipt by the au- ditor of a duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Schaller moved that the recommendation of the City At- torney be approved and the Audi- tor instructed to issue a warrant payable to J. A. Pye & Elsie Pye his wife in the amount of $375 and deliver the same upon receipt of proof of installation of a back water valve and a duly executed release. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. March 5, 1962 Honorable Mayor and City Council Gentlemen: On January 5, 1962, Mr. and Mrs. Eldon Kleinschrodt of 332 Kauf- mann aufmann Ave., Dubuque, Iowa, filed claim for damages to their vehicle in the amount of $52.63 as a result of striking an alleged defect in the roadway at the intesection of 22nd St. and Kaufmann Ave. in the City of Dubuque on January 4, 1962. I have made an investigation of this matter and it is the opinion of the City Attorney that said claim should be paid. It is therefore recommended that the City Auditor be instructed to draw a warrant payable to Eldon Kleinschrodt and Helen Klein. schrodt, his wife ,in the amount of $52.63 and to deliver the same upon receipt of a duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Schaller moved that the recommendation of the City Attor- ney be approved and the Auditor instructed to issue a warrant pay- 74 R� t slur Session, )`larch 5, 1962 able to Eldon & Helen Kleinschrodt in the amount of $52.63 and deliver the same upon receipt of a duly executed release. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Helen Arens. dorf, in an un -named amount, for damage to her car a lt struck by asnowplowu of being at W. 6th Street on February 18, 1962, presented and read. Council- man Kean moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Emma Berg- man, in an un -named amount, for personal injuries received in a fall in the crosswalk of the alley on the south side of W. 6th Street be- tween Main and Locust on Febru- ary 2, 1962, presented and read. Councilman Kean moved that the noitee of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Clara B. Dubmeyer, in the amount of $6000., for personal injuries received in a fall on an icy sidewalk at 405 Rhomberg Avenue on December 27, 1961, presented and read. Coun. cilman Kean moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of Suit of Antonio Bogas, in the amount of $2500., for per- sonal injuries received in a fall on an icy sidewalk at 1428 Locus St. on March 1, 1960, presented and read. Councilman Kean move that the notice be referred to th City Solicitor for investigation an report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Iiorgan, Kean, Schreiber, Takos. Nays --None. February 27, 1962 Honorable Mayor and City Council Gentlemen: On March 7, 1960, Antonia Bogas of 1132 Locust St., in the City of Dubuque filed claim against the City c: Dubuque claiming damages as a result of a fall at or near 1428 Locust Street on March 1, 1960. I have made an investigation of this matter and conferred with claimant's attorney, C. J. May, Jr., and claimant through her attorney has made an offer of settlement in the amount of S1,000.00. It is the recommendation of the City Attorney's office that said of. fer of settlement be accepted in view of the fact that claimant has suffered special damages to date in the amount of $559.45. The abutting property owner has agreed to contribute the amount of $300.00 toward said settlement and that the City Auditor should be instructed to draw a warrant payable to Antonia Bogas and Thomas Bogas, her husband, and C. J. May, Jr., their attorney, in the amount of $700.00 and to trans- mit same to the City Attorney for delivery to the claimants upon receipt of duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Schaller moved that the recommendation of the City Attor- ney be approved and the Auditor instructed to draw a warrant pay- able to Antonia and Thomas Bogas, and C. J. May Jr. in the amount of $700. and transmit the same to the City Attorney. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Locust Takos. Nays—None. d Notice of claim of Mrs. Robert e Howes, in an un -named amount, for d personal injuries received in a fall Regular Session, March 5, 1962 75 on an ice covered sidewalk at 525 Rhomberg Ave. on February 19, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Sectlon 2. The Secretary is hereby directed to cause a certified copy of this Ordinance to be transmitted to the City Clerk and to keep copy of same posted In a conspicuous place In the office of the Dock Board. Passed and adopted this 26th day of January, 1962. John J. Waltz Chairman Irvin A. Oclh Don Mueller Commissioners Attest: Irvin A. Oeth Na; NcNO. 17-68 Schlpany. In some cases for bance is made in a to the community may be limited, as pro. vided in or sidewalk, rather fallrea cut, the compan> Section IIIb above. Whenever the distribution m s),steis extended, service linea Cer%tipulated by the city to the abutting lots will be stubbed to the lot line. and exception hereto vent shall exceed the 19Ged. may be made upon application to the city engineer where Scir the city, shall pave sound engineering practice Indicates such exception. shall change the grade ClBl,ttblic Section IV. RATES. place or shall it0•t any conduit, water The company shall supply gas to consumers within connection, sewer or Se works or utility, it the city at reasonable rates. It is recognized that under the statutes of the C�he company, when so State of Iowa. the State Commerce Commis- sion Is vested with legal change Its mains, ser- rty In the authority to supper - vise, fix or change rates and charges author- streets or m is own expense so as blished grade or line ized to be charged by the company to consumers of gas. It shall also bec recognized by both T. e place and so as not the company and the city that matters involving rate changes and charges are local conduits, sewers and eted or reconstructed. In their application and effect and that the city, through Its city shall not be required fins and appurtenances council, shall be within Its privileges and municipal responsibilities in making Inquiries, expressing interest or or public grounds, In adopting position in matters of rate changes C -is vacated for the con- Oaperty owners and not or charges by thecompany. Slmullayeously_ with the filing by the comp ICImprovement, unless . Lich relocation and the any of an app1 cation or petition or request In any form ung therefrom is first with the Mate Commerce Commission, or other regulatory body, vested by law with the abutting property . public improvements, authority and Jurisdiction to authorize change f projects, the city of rates or charges, for an Increase in or authority to increase rates or charges, or avny to relocate pipes, for any revision or change which would have appurtenances in the the effect of increasing the rates and prices ocpense. '.'ublie to be paid to the company by consumers of Streets. %%'here fitly or in the future gas In the city, the company shall file with the city council the •orporalelimits of the d or hereafter of city a written notice stating that it intends to make such a plica - t tion for as ex- .c• street and a street rate Increase. The notice shal� state In a clear and definite way the amount of ted or dedicated so as such increase rate to be requested as applied hin the right-of-way of to each class of consumer use. lint' shall be required maintained under the1. Section V. RECORDS, REPORTS, PLATS a. Reports. The company shall file with the city council a tru • f lh • 1 I may at its discretion of the comp spe•c•tlon of excavation or conduct o fix performed by the this franchi ompany fall or refuse same as the to things provided In for such ye ma>, after reasonable conduct of t cork and charge the filed with t he company and the mission. > pay said charges. h Service R NO. 1-ai AN ORDINANCE AMENDING DOCK BOARD ORDINANCE NO. 1-57 BY ADDING A NEW SECTION 5 TIIEKE- BE OIT ORDAINED BY THE DOCK BOARD OF THE CITY OF DUBUQUE, IOWA: Section 1. That Dock Board Ordinance No. 157 be and the same Is hereby amended by adding a new Section 5 thereto as follows: "Section 5. Mooring permits may be obtained from the Duck Board by mak- ing ap4tllcatlon therefor on fortes pro- vided y the Dock Board Manager and F aying an annual permit fee as fol - ow a: a. Rental for boat space at the Pleasure Craft Harbor located at 16th Street shall be ;3.00 per linear foot." e copy u e annus rel an), pertaining to the operation f business of the company under se. The repport may be the company sttall have prepared yea In the ordinary course of the he business of the company and he Iowa State Commerce Com- ule s and Regulations. The com. Nays—None. Petition of illy -Cap Vendors Inc., Dorothy Heinen account, reqInst ing a refund of $25.00 on the unex- pired portion of cigarette License No. 307, presented and read. Due to the fact that the original license was not returned with the refund request Mayor Schaller moved that the petition be referred to the City Manager andCounty cilmen Itor. SLe- Horgan, onded by ncilmen Kean, Schreiber, Takos. Nuys—None. 1 ReQ11 ar_Session. March 5, 1962 able to Eldon & Helen Kleinschrodt in the amount of $52.63 and deliver the same upon receipt of a duly executed release. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. a srpin., Arens. report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February 27, 1962 Honorable Mayor and City Council Gentlemen_ avu��wa a port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of Suit of Antonio Bogas, in the amount of $2500., for per- sonal injuries received in a fall on an icy sidewalk at 1428 Locust St. on March 1, 1960, presented and read. Councilman Kean moved that the notice be referred to the City Solicitor for investigation and instructeu w u,uw 4 .•�• able to Antonia and Thomas Bogas, and C. J. May Jr. in the amount of $700. and transmit the same to the City Attorney. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Robert Howes, in an un -named amount, for personal injuries received in a fall Repilar Session, March 5, 1962 75 on an ice covered sidewalk at 525 Rhomberg Ave. on February 19, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Albert P. Schuster, in an un -named amount, for personal injuries received in a fall on an icy curb at 13th do Central Avenue on February 28, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Merlin L. ' Doerr, in the amount of $35. for car damage incurred as the result I of striking a rock at the foot of i Sullivan Street on February 30, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men, Horgan, Kean, Schreiber, Takos. Nays—None. DOCK BOARD ORDINANCE NO. 1.62 An Ordinance Amending Dock Board Ordinance No. 1-57 by add ing a new Section 5 thereto, pre seated and read. DOCK BOARD ORDINANCE O. 142 AN ORDINANCE AMENDING DOCP BOARD ORDINANCE NO. 1-57 B5 ADDING A NEW SECTION 5 THERE BE IT ORDAINED BY THE DOCI BOARD OF THE CITY OF DUBUQUE IOWA: Section 1. That Dock Board Ordinanc4 No. 117 be and the same is herek amended by adding a new Section thereto as follows: "Section 5. Mooring permits may b obtained from the Dock Board by mak !ng appplication therefor on forms prc vi ed by the Duck Board Manager an. p•Ying an annual permit fee as fo ows: a. Rental for boat space at the Pleasure Craft Harbor located at 18th Street shall be $3.00 per linear foot." Section 2. The Secretary to hereby Irected to cause a certified copy of ris Ordinance to be transmitted to the Ity Clerk and to keep copy of same Dated In a conspicuous place in the rfice of the Dock Board. Passed and adopted this 28th day of anuary, 1982. John J. Waits Chairman Irvin A. Oeth Don Mueller Commissioners ,ttest: Irvin A. Oeth Secretary Published officially in the Telegraph- lerald newspaper this 9th day of larch, 1982. Leo F. Frommelt City Clerk t. 3.9 CERTIFICATE I, Irvin Oeth, Secretary of the '-ity of Dubuque Board of Dock ,ommissioners; the undersigned, she President and Secretary, re- spectively of the City of Dubuque Board of Dock Commissioners, do hereby certify that the foregoing ordinance was duly passed, adopted and approved by members of said Board at a meeting held on Janu- ary 26th, 1962. You are therefore requested to cause said Ordinance to be published in a newspaper of general circulation in the City of Dubuque at least once, and there- after record said Ordinance in a book kept in your office for that purpose. After said Ordinance has been published we will have filed with this Board a certified copy of the publisher containing proof of publishing. Dated this 22nd day of February, 1962. JOHN J. WALTZ, Chairman IRVIN A. OETH, Sec'Y. Councilman Takos moved that the Ordinance be received and filed after proper publication. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of My -Cap Vendors Inc., Dorothy Heinen account, request- ing a refund of $25.00 on the unex- pired portion of cigarette License No. 307, presented and read. Due to the fact that the original license was not returned with the refund request Mayor Schaller moved that the petition be referred to the City Manager and CoCituncilmen Solicitor. Horgan, onded by Kean, Schreiber, Takos. Nays—None. 76 Regular Session, Mareb 5, 1962 Petition of My -Cap Vendors Inc. Al's Tap Account, requesting a re- fund of $25.00 on the unexpired portion of cigarette license No. 214, presented and read. council- man Schreiber moved that the re- fund be granted and the Auditor instructed to issue warrant Pay- able to My -Cap Vendors in the amount of $25.00 to cover the amount due on the unexpired por- tion of cigarette '.icense No. 214. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of My -Cap Vendors Inc., Clarence E. Thompson account, re- questing a refund in the amount of $25.00 on the unexpired portion of cigarette license No. 220, present- ed and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to is- sue a warrant payable to My -Cap Vendors Inc. in the amount of $25.00 to cover the amount due on the unexpired portion of cigarette license No. 220. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. parties had any idea where to put the tower. Mr. Neumann also reg• istered a complaint on placing the proposed tower on the present playground property. Councilman Schreiber moved that the petition be referred to the City Manager and Water Superintendent for in. vestigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Margaret McMahon et al requesting rezoning of the area between Dodge and Jones and Bluff and Bissell Lane to Business Dis- trict, except that part north of Dodge presently zoned as Indus- trial, presented and read. Council- man Schreiber moved that the pe- tition be referred to the Planning & Zoning Commission. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Petition of George Theis et al objecting to the erection of a water tower at the intersection of Gay and Muscatine Street as it may have a tendency to lower the val- ues of their properties, presented and read. Mr. Richard Neumann of 2636 Fulton Street addressed the Coun- cil by inquiring if the objecting RESOLUTION NO. 40.62 WHEREAS, on the 2nd of Octo- ber, 1961, the City Council of Du- buque, Iowa, passed, adopted and approved Resolution No. 235-61, ap- proving the Plat of Block 2 of Hamblin Subdivision, subject to certain conditions set forth in said Resolution; and WHEREAS, Section 3 of said Resolution provided that Charles L. Hamblin provide security as re- quired in Section 2 of said Resolu- tion within 45 days from the date of said Resolution; and WHEREAS, the said Charles L. Hamblin, has posted the required security, but due to conditions be- yond the control of the City, said security was not posted within the required 45 days from date of Resolution No. 235-61. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section 1. That the security Post- ed by Charles L. Hamblin to secure performance of provisions of Sec- tion 2 of Resolution No. 235-61 be and the same is hereby approved, and the failure of Charles L. Ham- blin to post the required security within 45 days of October 2nd, 1961, be and the same is hereby waived. Section 2. That the terms and provisions set forth in Resolution No. 235 61 be and the same remain in force and effect as though the required security had been posted within the 45 day period as set out in said Resolution. Section 3. That the said Charles L. Hamblinexecute the acceptance hereto attached accepting the terms and provisions of Resolution No. 235-61 and the terms and pro. visions of Resolution No. 40.62. Regular Session, March 5, 1962 77 passed, adopted and approved this 5th day of March, A.D., 1962, by unanimous call vote. LOUIS I SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE OF RESOLUTION NO. 235.61 AND RESOLUTION NO. 40.62 I, the undersigned, Charles L. Hamblin, having read the terms and conditions of Resolution No. 235-61 and Resolution No. 40.62, and being familiar with the con- tents thereof hereby accept the same and agree to perform the conditions required therein. CHARLES L. HAMBLIN Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 41.62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. My -Cap Vendors, Inc. for Phyllis Kass, 673 Central Avenue My -Cap Vendors, Inc. for Dale Rit- ter, 530 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 5th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 42.62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Herbert E. and Emil F. Althaus, 1575 Central Avenue Sylvester A. Weiner, 201 East 22nd Street Marionette Tindell, 558 Eighth Avenue Mrs. Phyllis Kass, 678 Central Ave- nue Raymond B. MCLaugblin, 2222 Central Avenue Mrs. Alice H. Erschen, 2620 Uni- versity Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street CLASS "C" BEER PERMIT Tenenboms Super Market, Inc., 200 So. Locust Street Passed, adopted and approved this 5th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. 78 Regular Session, March 5, 1962 RESOLUTION NO. 43.62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil: and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Boer Permit. CLASS "B" BEER PERMIT Name Address Herbert E. and Emil F. Althaus, 1575 Central Avenue Syivester A. Weiner, 201 East 22nd Street Marionette Tindell, 553 Eight Av- enue Mrs. Phyllis Kass, 678 Central Av- enue Raymond B. McLaughlin, 2222 Cen- tral Avenue Mrs. Alice H. Erschen, 2620 Uni- versity Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street Mayor declared a recess in the meeting at 9:30 P.M. Council Re- convened at 10:00 o'clock P.M. Councilman Takos moved that Bert Vogel be appointed to Du- buque's C u l t u r a l Development Commission to fill the unexpired three year term of Roland White and that Mr. Joe Voelker, Dick Henschel and Arthur Miller be appointed to expand the Building Code Committee. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. City Solicitor Russo announced that attorney William 11. Thinnes has been appointed counsel in his son's case to be tried in police court in the near future. Mayor Schaller moved approval of the City Solicitor's action. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. CLASS "C" BEER PERMIT Tenenboms Super Market, Inc., 200 South Locust Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 5th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Mayor Schaller moved to ajourn. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—Nope. LEO F. FROMMELT City Clerk Approved October .... B,.„1962. ..................... Counci ,..T .......... ......... ity Clerk Special Session, March 19, 1962 79 CITY COUNCIL (OFFICIAL) Special Session, March 19, 1962. Council met at 7:30 P.M. Present—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this meeting is called for the purpose of consid- ering ordinances for final adoption for rezoning; also to consider ap- proval of resolutions of Necessity covering the City of Dubuque 1962 Improvement Programs and also acting upon such other business as may properly come before a regu- lar meeting of the City Council. March 16, 1962 To the Honorable Mayor and City Council Gentlemen: According to the authority vest- ed in the office of the City Man- ager by Section 1.7.2 of the Du- buque Heating, Ventilating, Air - Conditioning & Refrigeration Code, I have made the following appoint- ments to the Board of Heating, Ventilating, Air -Conditioning and Refrigeration: William A. Giese One year term Donald J. Kopp One year term Isomer W. Addyman Two year term Richard G. Beaves Two year term Clarence J. Brashaw Three year term Theodore H. Glass Three year term Paul F. McMahan Three year term I request that you confirm these appointments. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved confirmation of the appointments. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 19, 1982 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of February, as well as a list of claims and payrolls for which warrants were issued for the month of February, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. May 19, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, subject to the approval of the City Solicit- or: EXCAVATION Merlin Goerdt, d/b/a Merl Goerdt Excavating, 2955 Jackson Street, Policy No. CL 636.049 American States Insurance Co. John Jones, 2549 Lombard Street, Policy No. CL 42092, Ohio Farm- ers Insurance Co. GENERAL LIABILITY Tri-State Paving Co., P.O. Box 118, Policy No. CGA 61572 U.S. Fidel- ity and Guaranty Co. BLASTING William L., Harold J., Walter P. and Roger V. Becker, d/b/a Wil- liam Becker & Sons Stone Co., 2685 Kaufmann Avenue, Policy No. CGA 19 108 273 Iowa Nation- al Mutual Ins. Co. SIDEWALK John Luber, Bond No. 26214.13.498- 53 Wendelin Rettenberger, d/b/a Ret- tenberger Tree & Landscape Ser- vice, Bond No. 151142, Merchants Mutual Bonding Co. John Fischer and Leonard Witt, American Surety Co. of N.Y. Schiltz Construction Co., Continent- al Casualty Co. 80 Special Session, March 19, 1982 HEATING H. Wolter, d/b/a Wolter Furnace Work, American Surety Co. of N.Y. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the bonds and policies be filethe sub- ject to the approval Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of the advising Anchor the Casualty Company a termination of the blasting bond of the Tri-State Paving Co. (formerly Schueller Black Top Co.) presented and read. Councilman Takos moved that termination of the bond be ap- proved and the Clerk be instructed to advise the insurance company. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. NOTICE OF RENEWAL OF GOVERNMENT LEASE March 5, 1962 CERTIFIED MAIL To The Mayor City of Dubuque Dubuque, Iowa You are hereby notified that un- der the provisions of the Govern- ment Lease described below, the United States of America elect to renew said lease as the same may have been amended, and by these presents does renew, extend, bnd adopt the said lease and all th,! terms, conditions, and general pro- visions thereof for the period be- ginning 1 July 1962 and ending 30 June 1963. Lease NOy (R)40838 with the City of Dubuque, Iowa, Lessor, dated 1/1/47, covering use of a 0.85 acre site, Ham's Addition, Du- buque, Iowa, for a U.S. Naval Re- serve Training Center. United States of America R. C. Jaquess, CDR, CEC USN For Chief Bureau of Yard and Docks. Councilman Schreiber moved that the Notice be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Charlotte M. McInerney expressing interest in the purchase of Lot 9 of Quigley's Sub. of O. L. 711, located on Pierce street, presented and read. Council- man Schreiber moved that the com- munication be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of February 1962, pre- sented and read. Councilman Kean moved that the proof of publica. tion be received and filed. second- ed by Councilman Schreiber. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Vincent A. Conrad in the amount of $112.03 for car damage incurred while driving his car on Valeria Street by striking a hole in the ere taon February 4, 1962, presented nd read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of William A. Schlueter, in an un -named amount, for personal injuries received in a fall on an ice covered sidewalk at 245 Julien Dubuque Drive on March 12, 1962, presented and read. Councilman Schreiber moved s that the notice of claim be referred to the City Solicitor for investiga- Special Session, March 19, 1962 81 tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Melvin L. Coyle, in the amount of $16.81, for car damage incurred as the result of same being struck by a grader blade at the corner of Alpine and Reeder street on March 6, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Viola McDonald, in an unknown amount, for personal injuries received while alighting from a bus on the northeast corner of 16th and Elm Street on March 1, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Takos. Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. David Kluesner, in an un -named amount. for personal injuries received in a fall at 9th Street between Main street and the alley on an ice covered walk on March 7, 1962, Presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Kenneth (Iola) Le hnhardt, in an unknown amout, for personal injuries re- ceived in a fall on the snow packed slippery steps off W. 15th Street and Bluff on February 19, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mary Francois, in an un -named amount, for per- sonal injuries received in a fall on an icy sidewalk at 5th & Main Street on March 4, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. March 19, 1962 lion. Mayor & City Council City Hall Gentlemen: On February 16, 1962 there was filed the petition of Wilson Conlan asking the Council to reconsider the opening of the alley and im- provement thereof which alley runs north and south between Delaware St. and Green St. in the City of Dubuque, Iowa. The petition hereinabove refer- red to was referred to this office and i beg to advise that I have reviewed the pertinent legal au- thorities and find no legal impedi- ment to the opening of said alley in accordance with the terms and provisions of the petition of Wilson Conlan. I further find that should the Council consider vacation of said alley that in all likelihood the said Wilson Conlan would contest the same and would in all likelihood seek damages for denial of access to his property in event said alley were vacated, which would result in a fact question ultimately to be determined by a judge or a jury. I further find that no abutting property owner abutting said alley has made such improvements there- 82 Special Session, March 19, 1962 on as would estop the Cityfrom exercising its right to open improve said alley. Petition of Walter Conlan is attached. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the alley be opened and the matter be opened and the matter referred to the City Manager and City Solicitor for execution of a contract on behalf of the City by the City Manag r Mr. Conlan. elan. Seconded byCouncilman Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber. Nays—Councilman Takos, Councilman Schreiber moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. James Adams, an attorney representing Mr. Wilson Conlan relative to opening of the alley running north and south between Delaware and Green Streets ad. dressed the Council by stating that the abutting property has not created sufficient right to restrain from opening the alley. lie further stated that in his opinion Mr. Alt - haus, the abutter mostly affected, will have a water problem if the situation is not corrected. Notice of claim of Richard Vonk, in the amiunt of $20. for car dam- age incurred as the result of strik- ing a cave-in in the street on Pierce street at Quigley Lane on March 18, 1962, presented and read. Coun- cilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays,—None. Notice of claim of Mary Kauz- lick, in the amount of $36.00, for personal injuries received in a fall on an icy sidewalk at 1038 Bluff Street on March 13, 1962, present- ed and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of (Publication, certified to by the Publisher, of Notice of public hearing to consider rezon- ing of Lots 1 3c 2 Kelly Byrne Subdivision from Local Business District "A" to Local Business Dis. trict "B" classification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Takos moved that the proof of pub.ication be receiv- ed and filed. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 13.62 An Ordinance Amending the Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, deAgnated the Zoning Ordinance, so as to change the herein described area from Local Business District "A" classifi- cation to Local Business District "B" classification, said Ordinance having been previously presented and read at the Council meeting of February 19, 1962, presented for Final Adoption. ORDINANCE NO. 13.82 An ORDINANCE, Amending the Zoning bin and Zoning <)rdl- nanc•e of the• ('it), of Dubuque, Iowa, as 1 rovided by Ordinance No. 8-34, designated the Zoning Ordinance, air as to chunge the c.at Buslness Distrlet ' A nrC1L- s fication to Local Business Dls- erle[ "R" l'lasslfication. 111.7 IT ORDAINNIr by the city c'ouncll of the City of Dubuque, Iowa: Section 1. That the Zoning MaV "f the (,ity of Dubuque. its provid- ed by ordinance No. 8-34, de819- nated the Zonins Ordinance, be and the saute Is heralp amended and changed by c•hang'nK from Its prer+ent Local Business I1 strict A" clahslflcation to Local Dusl- Special Session, March 19, 1982 83 peas District ,It,* classification, the'otg�ellande2�of�fd an tielly-liyrnea: place, In the City of Dubu(lue, Dubuque County, Iowa. Rection 2. This Ordinance shall lie In full force and effect from and after Its final passage. adoll- t on and pui)lication as by law provide.]. introduced the 19th day of Feb- ruary, 1962. Rule requiring reading on three separate days suspended by unani- mous vote the 19th day of Febru- aryy, 1982. Isasaed by recorded roll call vote, adopted and approved this 19th day of March, ,. Schaller dAYOR John 11. Schreiber Peter J. Takes James J. [lean Robert J. florgan COUNCILMEN ATTEST: Leo F. Frommelt CITY CLE11K Pubilshed offielally In the Tete- grai d y ofMarch, neu,spal er this 2'nd Leo F. Frnmmelt City Clerk It. 2/22 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider amend- ing Zoning Ordinance No. 3.34 by changing from its present Single Family Residence District Classifi- cation to Local Business District "B" classification Lots 4, 5, 6, 7 dt 8 of Burkarts Subdivision, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Council man Kean. Carried by the follow ing vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays—None. ORDINANCE NO. 14.62 An Ordinance amending the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change the herein de. scribed area from Single Family Residence District Classification to Local Business District "B" clas. sification, said Ordinance having been previously presented and read, at the Council meeting of February 19, 1962, presented for Final Adoption. ORDINANCE NO. 14.82 An Ordinance Amending t h e Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, ea provided by Ordinance No. 8-84, designated the Zoning Ordinance, so as to change the herein de- scribed area from Single Family Residence District Classification to Local Business District "B' Classl- fication. Be it Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Zoning Map of the City of Dubuque, as pro- vided by Ordinance No. 8-54, desig- nated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Single Family Residence District Classification to L o c a l Business District "B" Classifica- tion the property described as fol- lows: Lots 4, 6, 6, 7 and 8 of Burkarts Subdivision and including an of that property encompassed by the following mete& and bounds de- scription: Commencing at the Southeast Corner of Lot 8 In Burkart Sub- division in the city of Dubuque, Iowa. Thence North 71 15' East a distance of 125 feet, Thence South 82' 45' East a dis- tance of 55 feet, Thence South 7' lb' West a dis. tance of 20 feet, Thence South 82' 46' East a dis. tance of 246 feet, Theme South 7' 15' West a dis. tante of 950 feet, Thence North 82' 45' West a distance of 486.85 feet, Thence North o' 42W East along the Section I.Ine between Sec - I Ions 26 and 27. Township 89 North, Range 2 East of bth Principal Me- cidian a distance of 674.40 feet. Thence North 82' 46' West a distance of 486.30 feet. Thence North 7' 15 East a dis- tance of 175 feet, Thence South 82' 46' East a dis- tance of 300 feet, Thence North 7' 15' East a dis- tance of 125 feet, Thence South 82. 45' East a dis. tance of 60 feet, Thence South 7' lb' West a dis- tance of 125 feet, Thence South 82' 45 Fast a dis- tance of 400 feet to the place of commencement. Section 2.This Orditunoo shall he in full force and etoIts final ffect from &inn and publication sasgeby dluw provided. Introduced the 19th day of Feb. ruary. 1962. Rule requiring reading on three tovintrmousate voteays thesI th day oended f unard- Febru- ary, 1962. 84 Special Session, March 19, 1962 Passed by recorded roll call vote, adopted and approred thin 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: Leo F. FrommOt City Clerk Published officially in the Tele- graph -Herald newspaper this 22nd day of March rLel F. Leo Frommelt City Clerk 1 1. 3-22 Mayor Schaller moved the adop- tiin of the Ordinance. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider amending the Zoning Ordinance so as to pro- vide Zoning Classification for the area recently annexed as per reso- lution No. 18.62 being lots in Plaza 20 and Jecklin Farm to Local Busi- ness District "B" and Single Fam- ily classification, presented and read. No written objections were filed and no objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 15.62 An Ordinance amending and changing the Zoning Map of the City of Dubuque, Iowa, as provided by Ordinance No. 3.34, designated "Zoning Ordinance of the City of Dubuque" so as to provide Zoning Classification for the area recently annexed to the City, said Ordin. ance having been previously pre- sented and read at the Council meeting of February 19, 1962, pre- sented for Final adoption. ORDINANCE NO. 15.62 An Ordinance Amending and Changing the Zoning Mxp of the City of Dubuque, IOwa, us prov`d- ed by Ordinance No. 8-84, Dealgg- nated "Zoning Ordinance of t11e City of Dubuque', no as to provide Zoning classification for the area recently annexed to the City. Be It Ordained by the CIt)- Coun- cil Of the City of Dubuque: Section 1. That the Zl"ning Map and Zoning Ord nance of the City of Dubuque be, and the same is hereby amended and rhanged so an to Include all of the area an. nexed to the City pursuant to Resolution No. 1842 ndotrted 51h day of February. 1962, which area to described as follows: Lots 1 and 2, Block I in Plaza "20" in the City and County of Dubuque, Town; Lot 1 and Lot 2 of the Subdivision of Lot 1 of I.ot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm• in the County of Dubuque. Iowa. Lot 2 of Lot 1 of Lot i of Lot 1 of Lot 1 of Lot l of Lot 1 of George Jecklin Farm, In Dubuque County, Iowa, and partly In the C.ty of Dubuque, Iowa. Section 2. That all of said area, except the portion described in Section 3 hereof, Is hereby clas- sified and designated "Single Fam- Ily Residence District Classifica- tion." Section 8. That the following area described and encompassed by the weten and bounds descrip- tion is hereby classifier) and des- Ignated "Local Business District B' " Classification: Commencing at the South- east Corner of Lot 8 In Burkart Subdivision In the City of Du- buque, Iowa, thence North 82' 45' West a distance of 283.77 feet, thence South 0' 425' West along Section Line be- tween Sections 26 and North, 27� Township 89 Nor, Hance East of 5th Principal Meridian a distance of 176.15 feet to the place of beginning, thence South 0' 42%' Went along said Section Line a distance of 674.40 feet, thence North 82' 45' West a distance of 208.15 feet thence South 7' lb' West a distance of 25o feet, thence North 82' 45' West a distance of 455 feet, thence North 7- 15, East a distance of 600 feet, thence North 26' 26' Went a distance of 180.26 feet, thence North 7' 16' Fast a distance of 145 feet, thence South 92- 46' Hast a distance of 200 feet, thence North 7' 15' Fant a distance of 2fi feet, thence South 82' 45' Fant a distance of 486.30 feet to the place Of beginning. section 4. This Ordinance shall be 1n full fon•e and effect frum and after Its final passage. adop- tion and publication as by law pro- vided. Introduced the 19th day of Feb- ruary, 1962. Itule requiring reading on three separate days suspended by unanl- mous vote the 19th day of Febru- ury, 1962. Paeeed Ly recorded roll call voile• adopted and approved thla 19th day of March, 1962. Louie Schaller MAYOR John I'. Schrelber Peter J. Takos James J. Kean Robert J. Hurean COUNCILa1EN ATTEST: Leo F. Frornmelt CITY CLNItK Published officially in the Tele- graph -Herald newspaper this 22nd day of March, 1962. Leo F Frontntelt City Clerk It. 3/22 Special Session, March 19, 1982 8i Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Lange's Insurance Agency requesting cancellation of the following cigarette license bonds issued to My -Cap Vendors Inc. for The Beverage House (Henry Schmidt), Dubuque Marina (George Weber), The Wheel (Bob Kammerude), Kay's Bakery & Cafe (Mrs. Catherine Lester), Beidler's Mobilgas Station (Robert Beidler), Lorrie's Tap (Lorraine Hentges), Al's Tap (E. A. Morett, presented and read. Councilman Kean moved that the bonds be released. Sec. onded by Councilman Shreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Lange's Insurance Agency requesting cancellation of the cigarette license bond issued to My -Cap Vendors Inc. (Thomp- son Tavern account), presented and read. Councilman Kean moved that the bond be released. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Paul R. Banks re- questing re -zoning of Lots 305 and 306 Davis Farm Addn. from Class "A" to Class "B" District Classifi- cation, presented and read. Coun- cilman Schreiber moved that the petition be referred to the Plan. ning & Zoning Commission. Sec• onded by Councilman Takos, Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays—None. Petition of Holy Trinity Lutheran Church requesting permission to extend the public sewer from Uni- versity Avenue east about 216 feet, presented and read. Councilman Cakos moved that the petition be ,ranted subject to the approval of he City Manager and Engineering )epartment. Seconded by Mayor ichaller. Carried by the following +ote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, rakos. Nays—None. Petition of Jack C. Jones request- ing permission to excavate in the streets and alleys of the City, pre- sented and read. Councilman Schreiber moved that the petition be granted. Seconded by Council- man Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Merl Goerdt Excavat- ing requesting permission to ex- cavate in the streets and alleys of the City, presented and read. Coun- cilman Schreiber moved that the petition be granted. Seconded by Councilman TakOS. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber+ Takos. Nays—None. RESOLUTION NO. 4162 Preliminary Estimate for City of Dubuque 1982 Grading Project No. 1, North Grandview Avenue Exten- sion from the north property line of Kane Street to the south proper- ty line of 32nd Street, at an esti- mated cost of $58,178.37, presented and read. Councilman Kean moved the adoption of the resolution. Sec- onded eo-onded by Councilman Takos. Car- ried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 45-62 WHEREAS, proposed plans, spec- ifications, form of contract, and plat have been duly prepared and approved by the City Council of the laity of Dubuque and are now on file in the office of the City S6 Sheeial Session, March 19, 1962 Clerk showing among other things the following: I. The streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. City of Dubuque 1962 Grading project No. 1 North Grandview Avenue Ex- tension from the north property line of Kane Street to the south property line of 32nd Street. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned im- provement. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Street Road Use Tax Funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the approval of the resolution. Sec- onded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 46b2 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 4462 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the offices of the City Clerk for public inspection, for the City of Dubuque 1962 Grading Project No. 1, North Grandview Avenue Extension from the north property line of Kane Street to the South property line of 32ad Street. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of April 1962, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objections to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement, and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. Passed. adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN p. SCHREIBER JAMES J. KEAN PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Se- Special Session, March 19. 1962 87 conded by Councilman Takos. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men H o r g a n, Kean, Schreiber, Takos. Nays—None. February, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached Sheets No. 1 to 16 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1962 Concrete Curb and Gutter Project No. 1. Submitted March 19, 1962. JOHN L. WHITE City Engineer Councilman Schreiber moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 4762 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: S*ction 1. That t h e attached sheets No. 1 to 16 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1962 Concrete Curb and Gutter Project No. 1 and the valuations set out therein are hereby approved. Adopted this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 4862 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all other documents for the proposed construction of City of Dubuque 1962 Concrete Curb & Gutter Pro- ject No. 1 on the following portions of the following named streets: 1. Davenport Street from West property line of National Street to existing rock curb 95 feet South of the South property line of Primrose Street. 2. Primrose Street from the South property line of Davenport Street to the North property line of Muscatine Street. 3. Cottage Place from the east property line of Abbot Street to the East end of the Street. 4. McClain Street from the South property line of Wooten to the North property line of Bonson Street. 5. Rockdale Road from the South property line of Grandview Av- enue to the South corporation line. 6. North Grandview Avenue—West fork from the South property line of Kaufmann Avenue South- erly 800 feet to the existing curb & gutter. 7. Shiras Avenue from the South property line of Lot 1 of Lot 2 of Cota Sub. to the City Limits. 8. Alpha Avenue from the South property line of Pennslyvania Avenue to the North property line of Illinois Avenue. 9. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter. 10. St. Joseph Street from the east property line of Collins Street to the West property line of Gon- dolfo Street. 11, Prysi Street from the South property line of University Av- enue to the North property line of New Haven Street. 12. Cummins Street from the South property line of Loras Boulevardof to the North property line Block 2 of Hamblin's Sub. 88 Special Session, `larch 19, 1962 13. Samuelgyre of St George t from the Sub. uth prperty to the North property line of Southern Avenue. 14. Carter Road from the North property line of Kane Street to the South property line of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Highland Farm Sub. 15.Northview Drive from the i North property line of Kline Street to the North property of Lot 1 of Lot 9 of Block 5 of Scenic View Heights. at an estimated cost of S84,752.95, presented and read. Councilman Kean moved the adoption of the resolution. Sec. onded by Mayor Schaller. Carried i by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. I 1 ays—None. (Necessity for Imprevement) RESOLUTION NO. 4962 South of the South Property line of Primrose Street. 2. Primrose Street from the South property line of Davenport Street to the North property line of Muscatine Street. 3. Cottage Place from tae East property line of Abbot Street to the East end of the Street. 4, McClain Street from the South property line of Wooten to the North property line of Bonson Street. WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Concrete Curb do Gutter Project No. 1. 1. Davenport Street from West property line of National Street to existing rock curb 95 feet 5. Rockdale Road from the South property line of Grandview Av- enue to the South corporation line. 6. North Grandview Avenue—West fork from the South property line of Kaufmann Avenue south- erly 800 feet to the existing curb and gutter. 7. Shiras Avenue from the South property line of Lot 1 of Lot 2 of Cota Sub. to the City limits. 8 Alpha Avenue from the South property line of Pennsylvania Avenue to the North property line of Illinois Avenue. 9. Lindale Street from the West property line of Carter Road westerly to the existing curb and gutter. 10. St. Joseph Street from the East property line of Collins Street to the West property line of Gon. dolfo Street. 11. Prysi Street from the South property line of University Av- enue to the North property line of New Haven Street. 12. Cummins Street from the South property line of loran Boulevard of to the North propert" line Block 2 of Hamblin's Sub. 13. Samuel Street from the South property line of St. George Sub to the '.worth property line of Southern Avenue. 14. Carter Road from the North property line of K ne Street of to the South property of Lot 1 of Lot 2 of Lot 1 of Highland Farm Sub. 15. %orthview Drive from the North property line of Kane Special Session, March 19, 196? 89 Street to the North property line of Lot 1 of Lot 9 of Block 5 of , Scenic View Heights. BE IT THEREFORE RESOLVED that the City Council on its own motion upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall 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 prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferrf,J thereby, and any deficiency shall be paid out of the street fund, bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract hal been performed and accepted •ind the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SC:HREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the ap- proval of the resolution. Seconded by Councilman Horgan. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 50.62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 48-62 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Concrete Curb do Gutter Project No. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of April, 1962, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. W Special Session, March 19, 1962 Passed, adopted and approved this 19th day of March. 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays—None. February, 1962 To the Honorable Mayor and Members of the City Council Gentlemen: I herewith submit the attached sheet showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1962 Concrete Curb and Gutter Project No. 2, being an unnamed street between Lots 2 of 36 and 37 and 39 of Grandview Heights from the W.P.L. of Victoria Street to E.P.L. of Lot 1-1 of Faldorf Place. Submitted March 19, 1962. JOHN L. WHITE, City Engineer Councilman Schreiber moved that the City of Dubuque 1962 Curb & Gutter Project No. 2 be Postponed until legal status of this street is made. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. February, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets No. 1 to 48 inclusive show- ing a schedule of the proposed val- uations and assessments for the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 1. Submitted March 19, 1962' JOHN L. WRITE, City Engineer Councilman Schreiber moved the communication be received and made a matter of record. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 51.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 48 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1962 Bitumin- ous Concrete Surfacing Project No. 1, and the valuations set out there- in are hereby approved. Adopted this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 52.62 Preliminary Estimate and ap- proval of proposed plans, specifica• tions, form on contract, plat and all other documents for the construc. tion of the CITY OF DUBUQUE 1962 BITUMINOUS CONCRETE PAVING PROJECT NO. 1, on the following portions of the follow- ing named streets; 1. Caledonia Street from the west property line of Hill Street to the south property line of West 8th Street. 2. West Fifth Street from the east property line of Hill Street to the west property line of Gil- more Street. 3. Alta Place from the north proo- f erty line of Delaware Street to the south property line of Green Street. Special Session, March 19, 1962 91 4. Adair Street from the north property line of Loras Boule- vard to the south property line of Rosedale Avenue. 5. Irving Street from the south property line of Decorah Street to the north property line of University Avenue. 6. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 7. Davenport Street from the north property line of West 28th Street to the south proper- ty line of National Street. 8. Cottage Place from the east property line of Abbott Street to the east end of the street. 9. Sabula Street from the south property line of Davenport Street to the north property line of Muscatine Street. 10. Lowell Street from the east property line of Harold Street to the west property line of Ab- bott Street. 11. Van Buren Street from the west property line of University to the west property line of Drexel Avenue. 12. Brown Avenue from the west property line of University to the south property line of Van Buren Street. 13. Beverly Street from the south property line of Van Buren Street to the west end of the street. 14. McPoland Avenue f r o m the north property 1 in e of Van Buren Street to the south prop- erty line of Pennsylvania Ave- nue. 15. Nebraska Avenue f r o m the east property line of Mepoland Avenue to the north property line of Van Buren Street. 16. Mineral Street from the west property line of McCormick Street to the west property line of Lot 1 of Block 12 of Steger Heights. 17. Douglas Street from the east property line of Walsh Street to the west property line of College Street. 18. Cornell Street from the south Street to the south property property line of West 16th line of May Place. 19. Catherine Street from the south property line of West 17th Street to the north property line of West 16th Street. 20. Prysi Street from the south property line of University Avenue to the south property line of New Haven Street. 21. Shelby Street from the north property line of Clarke Drive to the north end of the street. 22. Cummins Street from the south property line of Loras Boule- vard to the north property line of Block 2 of Hamblin Sub. 23. St. Joseph Street from the east property line of Collins Street to the west property line of S. Algona Street. 24. Balke Street from the north property line of Link Street to the south property line of Groveland Place. 25. Rush Street from the east prop- erty line of Bryant Street to the west property 1 i n e of Villa Street. 26. Cannon Street from the west property line of Mt. Carmel Road to the east property line of Laurel Street. 27. Laurel Street from the north property 1 i n e of Grandview Avenue to the north end of the street. 28. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 29. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 30. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter at the east property line of Lot 1 of 2 of 30 High- land Park Road. 31. McClain Street from the south property line of Wooten Street to the north property line of Bonson Street. at an estimated cost of $207,972.26, presented and read. 92 Special Session, Nfarch 19, 1982 Councilman Kean moved the adoption of the resolution. Se- conded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 53.62 WHEREAS, proposed plans, speci- fications, form of contract. plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits of each street to be improved. 2. The Streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different tpye of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 1. 1. Caledonia Street from the west property line of Hill Street to the south property line of West 8th Street. 2. West Fifth Street from the east property line of Hill Street to the west property line of Gilmore Street. 3. Alta Place from the north prop. erty line of Delaware Street to the south property line of Green Street. 4. Adair Street from the north property line of Loras Boule- vard to the south property line of Rosedale Avenue. S. Irving Street from the south property line of Decorah Street to the north property line of University Avenue, 6. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 7. Davenport Street from the north property line of West 28th Street to the south property line of National Street. 8. Cottage Place from the east property line of Abbott Street to the east end of the street. 9.Sabula Street from the south property line of Davenport Street to the north property line of Muscatine Street. 10. Lowell Street from the east property line of Harold Street to the west property line of Abbott Street. 11. Van Buren Street from the west property line of University to the west property line of Drexel Avenue. 12. Brown Avenue from the west property line of University to Van Buren Street. 13. Beverly Street from the south property line of Van Buren Street to the west end of the street. 14. McPoland Avenue f r o in the north property 1 i n e of Van Buren Street to the south prop- erty line of Pennsylvania Ave- nue. 15, Nebraska Avenue f r o m the east property line of McPoland Avenue to the north property line of Van Buren Street. 16. Mineral Street from the west property line of McCormick Street to the west property line of Lot 1 of Block 12 of Steger Heights. 17. Douglas Street from the east property line of Walsh Street to the west property line of College Street. 18. Cornell Street from the south property line of West 16th Street to the south property line of May Place. 19. Catherine Street from the south property line of West 17th Street to the north property line of West 16th Street. Special Session, March 19, 1962 S)3 20.Prysi Street from the south property line of University Avenue to the south property line of New Haven Street. 21. Shelby Street from the north property line of Clarke Drive to the north end of the street. 22. Cummins Street from the south property line of I.oras Boule- vard to the north property line of Block 2 of Hamblin Sub. 23. St. Joseph Street from the east property line of Collins Street to the west property line of S. Algona Street. 24. Balke Street from the north property line of Link Street to the south property line of Groveland Place. 25. Rush Street from the east prop- erty line of Bryant Street to the west property 1 i n e of Villa Street. 26. Cannon Street from the west property line of Mt. Carmel Road to the cast property line of Laurel Street. 27. Laurel Street from the north property 1 i n e of Grandview Avenue to the north end of the street. 28. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 29. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 30. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter at the east property line of Lot 1 of 2 of 30 High- land Park Road. 31. McClain Street from the south property line of Wooten Street to the north property line of Bonson Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall 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 prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop - trey lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the ap- proval of the resolution. Seconded by Councilman Horgan. Carried by the following vote: yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. 91 Snecial Session, March 19, 1962 (Fixing date of hearing) RESOLUTION NO. 5462 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 52.62 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Bituminous Con- crete Surfacing Project No. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of April, 1962, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro- posed to be asessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper Published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless proper- ty owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed as- sessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: YeasMayorSchaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. February, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheet showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 2 on an unnamed street between Lots 2 of 36 and 37 and 39 of Grandview Heights from the W. P. L. of Victoria Street to the E. P. L. of Lot 1.1 of Faldorf Place. Submitted March 19, 1962. JOHN L. WHITE, City Engineer Mayor Schaller moved that the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 2 be posponed until the legal status of this street is made. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Nays—None. February, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached Sheets No. 1 to 9 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1962 Hot Mix -Hot laid Asphaltic Concrete Surfacing Pro- ject No. 1—Sections I and II. Submitted March 19, 1962. JOHN L. WHITE, City Engineer Mayor Schaller moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. Special Session. Mareb 19, 1982 95 RESOLUTION NO. 5542 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 9 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1962 Hot Mix - Hot Laid Asphaltic Concrete Sur- facing Project No. 1 --Sections I and II, and the valuations set out therein are hereby approved. Adopted this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 5662 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for the construction of CITY OF DUBUQUE 1962 HOT MIX -HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO. 1, SECTIONS I & II at an estimated cost of $131,235.41, on the follow- ing portions of the following named streets: Section 1: I. Kaufmann Avenue from the west property line of Lot 154 of L. H. Langworthy's Addition to a point 13 feet east of the west property line of Weidenbacher Sub. 2. Grandview Avenue—west fork from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Second Street from the west Property line of Iowa Street to the east property line of Locust Street. 4. Carter Road from the north Property line of Kane Street northerly to the south property line of Lot 1 of 1 of 2 of 1 of Highland Farm. 5. Northview from the north prop- erty line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. Section II: 1. Kaufmann Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Langworthy's Addi- tion. 2. Grandview Avenue — east fork from the south property line of Kaufmann Avenue to a point 480 feet south. presented and read. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 5742 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. Sections 1 4 II. 96 Special Session, March 19, 1962 Section I. 1. Kaufmann Avenue from the west property line of Lot 154 of L. H. Langworthy's Addition to a point 13 feet east of the west property line of Weidenbacher Sub. 2. Grandview Avenue—west fork from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Socond Street from the west property line of Iowa Street to the east property line of Locust Street. 4, Carter Road from the north property line of Kane Street northerly to the south property line of Lot 1 of 1 of 2 of High- land Farm. 5. Northview from the north prop- erty line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. Section II: 1. Kaufmann Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Langworthy's Addition. 2. Grandview Avenue — east fork from the south property line of Kaufmann Avenue to a point 480 feet south. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of the proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall 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 prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be isqued and sold in anticiaation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the ap- proval of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Iforgan, Kean, Schreiber, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 58.62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 56-62 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, Sections 1 and H and, Special Session, March 19, 1962 97 WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of April, 1962, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundar- ies of the proposed district, to the cost of the improvement, to the amount proposed to be as- sessed against any lot and to the passage of the proposed Resolu- tion of Necessity and the City Clerk be and he is hereby direct- ed to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 7 inclusive show. ing a schedule of the proposed valuations and assessments for the City of Dubuque 1962 Concrete Paving and Integral Curb Project No. 1. Submitted March 19, 1962, JOHN L. WHITE, City Engineer Mayor Schaller moved that the communication be received and made a matter of record. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 5942 BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That the attached sheets No. 1 to 7 inclusive are hereby determined to be the sched- ule of proposed assessments for th City of Dubuque 1962 Concrete Paving with Integral Curb Project No. 1, and the valuations set out herein are hereby approved. Adopted this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION N0. 60-62 Preliminary estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for City of Dubuque 1962 Concrete Paving with Integral 98 Special Session, March 19, 1962 Curb Project No. 1 for improving g ththee following portions lowing named streets: 1. Fourteenth Street and Loras Boulevard from W-P•L. of White Street to the W.P.L. of Locust Street. 2. Fourth Street from the W.P.L. of White Street to the E.P.L. of Bluff Street. 3. James Street from the S.P.L. of Third Street to the N.P.L. of Wooten Street at an estimated cost of $103,547.90, presented and read. Councilman Kean moved the adoption of the resolution. See. onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 61.62 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the It Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improvement, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 5. An estimate of the most of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1962 Concrete Paving with Integral Curb, Project No. 1. 1. Fourteenth Street and Loras Boulevard from the W.P.I.. of White Street to the W.Y.L. of Locust Street. 2, Fourth Street from the W.P.L. of White Street to the E.P.L. of Bluff Street. 3, James Street from the S.PL. of Third Street to the N.P.L. of Wooten Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance NArith the plans and specifications which have been prepared therefor by the City Engineer which have been approved by th City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby. and any deficiency shalt be paid out of the Road Use fund. Bonds shall be issued and sold in anticipation of deferred payments of assess' ments when a contract has been performed and accepted and the proceeds thereof used toathe of contractor. The railway portion any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962 Approved and placed on file for final action. Special Session, March 19, 1962 99 APP----- — LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the ap- proval of the resolution. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 62-62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 62-62 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Concrete Paving with Integral Curb, Project No. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerks's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of April, 1962, a public hearing will be held at 7:30 o'clock P. M. in the Coun- cil Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be as- sessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub. lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES .1. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Counc:i- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 63.62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. William M. Kunz, 129 Main Street. BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 19th day of March, -962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FRC MMC` rk 100 Special Session. March 19, 1962 Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 64.62 Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS 'B" BEER PERMIT Name Address William M. Kunz........ 129 Main St. Donald M. Love....250 West 6th St. Mrs. Ione Miller..1322 Central Ave. Robert A. Brillhart.... 336 Main St. CLASS "C" BEER PERMIT Anthony F. Fecker........................ ......................2119 Rhomberg Ave. Passed, adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 65.62 WHEREAS, application for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Name Address William M. Kunz........ 129 Main St. Donald M. Love... 250 West 6th St. Mrs. Ione Miller..1322 Central Ave. Robert A. Brillhart.... 336 Main St. CLASS "C" BEER PERMIT Anthony F. Fecker........................ ......................2119 Rhomberg Ave. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. COUNCIL RECESSED AT 9:00 P.M. —RECONVENED AT 9:20 P.M. Mayor Schaller moved that Ger- ard Noonan be appointed to the Civil Service Commission for a six year term from 3/31/62 to 3/31/68 due to the resignation of Joseph Carew; Dr. Sol Tabak be appointed to the Planning & Zon- ing Commission to fill the unex- pired term of harry Schiltz to 5/24/62; Owen Riley be appointed to the Planning & Zoning Comnus- sion, to succeed himself, for a five year term to 5/24/67; Owen Riley be appointed to the Board Special Session, March 19, 1962 101 of Zoning Adjustment, to succeed himself, for a five year term to 3/5/67.Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Councilman Kean moved to ad- journ. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT City Clerk Approved .......UCt�ber 8x .1962 October 8,...1962 Adopted ............................mss' -. ..................................... City Clerk Regular Sessior Board of Health OFFICIAL Regular Session, 1pril 2, 1962. Board met at 7:25 P. M. Present—Chairman Louis Schal. ler, Messrs. Robert J. Horgan, James J. Kean, John P. Schreiber, Peter J. Takos, Dr. A J. Entringer. IOWA STATE DEPARTMENT OF HEALTH March 13, 1962. Mr. Leo F. Frommelt, City Clerk City Hall. Attention Local Board of Health Re: Hawkeye Trailer Court. Gentlemen: The application for a license to operate the above listed mobile home park during the current li- censing period has been approved. A copy of the letter approving the application, and the yellow copy of the completed applica- tion for a license, are enclosed for your file. Sincerely Division of Public Health Engineering C. L. CAMPBELL Public Health Engineer. Mr. John Schreiber moved that the communication be received and made a matter of record. Second- ed by Mr. James J. Kean. Carried by the following vote: Yeas—Chairman Louis Schaller, Messrs. Robert J. Horgan, James J. Kean, John P. Schreiber, Peter J. Takos. Nays—None. There being no further business Mr. Peter J. Takos moved to ad- journ. Seconded by Mr. John P. Schreiber. Carried by the follow- ing vote: Yeas --Chairman Louis Schaller, Messrs. Robert J. Horgan, James J. Kean, John P. Schreiber, Peter J. Takos. Nays—None , April 2, 1982 103 Leo F. FROMMELT Clerk Board of Health. October 8 Approved............................. ..1962 Adopted ...October 8s 1962 Members Bd. of Board of Health. 104 Regular Session, April 2, 1962 CITY COUNCIL OFFiCIAL Regular Session, April 2, 1962. Council met at 7:30 P. M. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Mayor Schaller read the follow- ing statement: Gentlemen: Three months of my Mayor's term have now lapsed. When I was appointed to this of. fice in January of this year, I clear- ly stated my intentions concerning industrial development. You and I well realize that the backbone of this or any municipality lies with I n d u s t r i a l Development. Thriving Community activity—Ite. tail prosperity—holding down of property taxes — C i v i c improve. ments with the blessing of the Tax- payer—and prideful community spirit, all result from healthy in- dustrial development. Seeking new industry is one of the most competitive efforts a city can engage in. It is vital there- fore that we, in Dubuque, put forth from this night, a first class and all out effort in acquiring new industry. I am well aware of the plant locations within our city in the past several years, and :hey are most welcome additions. I am also aware that these plants do not even come close to balancing the loss we have suffered with the closing of Western Auto, General Dry Batteries, International Har- vester, Glovers, Nurre Gla Loetschers. ss Co., Dubuque Fire and Marine and In losing these plants we nave been hurt in three areas. 1—Sec- ondary income has been lessened; 2 --Job diversification which was traditionally a great asset, is dwind. ling, and 3—Job productivity has also diminished. I believe it is time for the Cou,j- cil to consider it's responsibility to the people of Dubuque. I be. lieve the time has come for the Council to exert leadership to stim. ulate proper and immediate action. A successful program must incor. porate these factors: 1—All citi- zens and all groups must be solid- ly united; 2—Individuals mutt have the confidence of all citizens and groups, and; 3—The program must be singular in purpose with inspired, relentless effort by its leaders. For the past three months Councilman Takos and I have been analyzing Dubuque's condition. We have done extensive research, talked to all citizens of the com. munity seeking information and advice. As a result, we have de. veloped a plan which we now put before the rest of the members of the Council for their consideration. I will ask Councilman Takos to explain the plan in detail. Councilman Takos read the fol. lowing statement. It is the mayor's belief and mine as well that success in Industrial Development for cur City must have, not only a new approach, but new thinking as well. We have talked to the man on the street, to the merchant, to the manufacturer who depends on the Dubuque market, to the profession. al man, and to the clergyman. Our conclusions can be summed up under three points. First, to- day in Dubuque there is a need and an opportunity for industrial development. Second, in the past, no adequate or first class effort has been made. Nor is there any Plan or machinery or organization now ready to bring new industry to Dubuque, which imbues inspira- tion or has the basic support of the citizenry. Third, the plan we present to you tonight is effective and tested. It is so organized as to operate independent of politi- cal and other group pressures. It can be put into effect at once. Let me examine these points in detail. I think we all agree there is a great need for industrial de- velopment. The recent announce- ment of Farley and Loetscher's Regular Session, April 2, 1962 105 only serves to accent our need. One of the great strong points in Du- buque's economy has been diversi- fication in industry. This diversifi- cation is being destroyed now and more and more we depend on few, er industries to handle our work force. This trend must be re- versed. New industries must be found to replace the jobs we have lost and to provide jobs for our young people. There is no question we have much to offer new industry. We have Industrial park and other lo- cations which should be considered in long range planning. The suc- cess of other communities in our area serves to underline the oppor- tunity which is now before us. Past efforts to bring industry to Dubuque while meeting with some success have failed to generate a broad base of community support. While the Chamber of Commerce has done some preliminary work on a new program this effort will also face many difficulties in de- veloping general support in the community. For the same reasons I do not feel an industrial de- velopment program should be oper- ated by the city government. To succeed we must have a plan which can gain the support of the entire city and which is com- pletely free and independent in its actions. I would confidently expect the Chamber of Commerce to extend complete cooperation to sue..t an independent organization. Their records, statistics, and past con- tacts will be most helpful in find- ing industry. Since they have ex- pressed their desire to bring new industry to Dubuque, I am sure they will welcome a plan which will unite the community in press ing for this goal. Certainly no one will want to obstruct a united. in- dependent, community effort to bring industry to Dubuque. Nov. iet me give you some back- ground on the plan and how we propose it can operate in Dubuque. PETER J. TAKOS Councilman Takos laid the fol- lowing plan and diagram before the members of the Council. GREEN STEIN—OSTER—PFOHL—REYNOLDS—WAHLERT—WALLIS —W ALSII—W ISSEL—ZEHENTNER y INDUSTRIAL COORDINATOR y Internal Ad.' Economic I General ministrative Research and Information Finance Statistics and Statistics I,oras College Banking University of Traffic Dubuque City Clarke College Dock Utility Railroad Labor Religion Promotion Employment Housing Culture Education Retail Wholesale Mdnufacturi Finance ibuque In -T. H. dustrial De- W.D.B.Q. velopment K.D.T.H. Commission Dubuque 106 R i� ular Session, April 2, 1962 Councilman Takos was of the opinion that $100.000.00 is needed. The money should be acquired by the issuance of $25.000 stock cer- tificates. Loras College, Univer- sity of Dubuque and Clarke Col- lege could serve as assistants to the coordinator. As to General In- formation and Statistics it shmild be composed of sixteen categories of men who know their field and would give information to the co- ordinator. Utility composed of two men from Electric and Gas; Religion two men—one Catholic and one Protestant; Education two men—one from the public and one from the Parochial school systems. General information and statistics as listed above. External Finance would be the advancing of monies. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second. ed by Councilman Schreiber. Car. ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Attorney Francis O'Connor, Vice President of the Chamber of Com- merce, stated that the Chamber does recognize the possible need for a full time Industrial Consult- ant and he further stated that he is of the opinion that the Chamber has the man -power, finances, etc., to get the job done. He was of the opinion that no City action should be taken without having full knowledge of what the Cham- ber is doing. The Chamber is not making a proposal to appropriate the job of Industrial Expansion but they are a responsible body and the job has been historically one of the Chamber's functions. As to the Clinton plan referred to at various times by Councilman Takos, most cities that have been successful adopted the Chamber Plan and not the Clinton plan. Councilman Schreiber expressed hesitancy in giving either prelimi. nary or final approval to the plan submitted by Councilman Takos. Councilman Kean stated that it is a commendable program but it is imperative that we sit down and work out something between the two groups. Councilman Horgan asked why a vote was needed since the City Government was not involved. After considerable discussion Councilman Takos moved that prc-- liminary approval be given to the plan as submitted, said motion «as amended by Councilman Schreiber that the Mayor's state. ment and Councilman Takos' pre• sentation be made a matter of record. Seconded by Councilman Schreiber. Carried by the follow. ing vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Takos moved that the Council between now and next Tuesday evening sit down with the Chamber in joint sessiov, to discuss this plan. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 30, 1962 To the Honorable Mayor and City Council Gentlemen: The Planning and zoning Commission has examined Preliminary Detailed Outline Du. buque Development Program dated February 24, 1962. The program is a very compre- hensive and complete outline. The Planning and Zoning Com- mission recommends that a Du. buque Development Program study be made. Respectfully yours, DUBUQUE PLANING AND ZONING COMMISSION By: OWEN RILEY Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. t c. Regiilar Session, April 2, 1962 107 RESOLUTION NO. 67-62 RESOLUTION OF CITY COUNCIL OF DUBUQUE, IOWA, APPROV- ING THE PREPARATION OF A COMMUNITY RENEWAL PRO- GRAM FOR CITY OF DU- BUQUE, IOWA AND THE FIL- ING OF AN APPLICATION FOR A FEDERAL GRANT TO AS- SIST IN FINANCING ITS PREPARATION. WHEREAS, under Title I of the Housing Act of 1949, as amended, the Housing and Home Finance Ad- ministrator is authorized to make grants for the preparation or com- pletion of Community Renewal Pro- grams; and WHEREAS, it is desirable and in the Federal contract for a grant to of Dubuque, Iowa prepare a Com- munity Renewal Program for the City of Dubuque, situated in the County of Dubuque, and State of Iowa; and WHEREAS, it is recognized that the Federal contract for a grant to assist in the preparation of the Community Renewal Program will require among other things, that: (1) The City of Dubuque, Iowa, shall prepare the Community Renewal Program with all practicable dispatch; (2) The Community Renewal Program shall conform to the general plan of the City of Dubuque as a whole; (3) The provision of the City of Dubuque's share of the cost of preparation of the Com- munity Renewal Program; and (4) Other local obligations and responsibilities in connec. tion with the preparation of the Community Renewal Pro. gram: NOW THEREFORE BE IT RE SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the preparatiot of the Community Renewal Pro gram referred to above by the Citl of Dubuque, Iowa is hereby ap proved. Section 2. That the financial as sistance under Title I of the Hous ing Act of 1949, as amended, re ferred to above, is required to en able the City of Dubuque, Iowa t finance the preparation of th Community Renewal Program. Section 3. That the City Council s fully cognizant of the obligations nd responsibilities that are im- iosed by a Federal contract for a ;rant to assist in the preparation if a Community Renewal Program, ind it is the sense of this Body that uch obligations can and will be ulfilled. Section 4. That the filing of an application by the City of Du- )uque for a grant under Title I A the Housing Act of 1949, as emended, in an amount not to ex. ;eed $83,513 to assist in financing ;he preparation of a Community Renewal Program for the City of Dubuque is hereby authorized and approved, and the City Manager is authorized to execute said appli- cation. Passed, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. The following statement was read by Councilman Horgan rela- tive to Urban Renewal. I oppose the present Urban Re- newal Planning program of the City Manager for the following reasons: 1. The program outlined by the manager contradicts fundamen. tal principles of government in Dubuque. The Manager states that this program will produce part timeness, cooling enthus- iasm and over the long Pu lack of coordinated effort. 2. The program as outlined by the Manager fails to identify what problems it tends to solve. In fact the program is so vague that it at one and the same time promises to solve all problems whether they exist or not. 108 Regular Session, 3 The program as outlined by the Manager offers no alterna- tives for the Council's consider. ation. 4. The program and the terms which are vaguesas toobeescribe it meaning - are so vague less examples and thus useless for assisting in the making of a sound policy decision. For these principles and numer- ous minor reasons I cannot indorse this plan. f would like to add that I am not against the improvement of our City. However I would like to see a plan which can function within the limits of our system of government, a plan which can and has been explained to the taxpayers who are going to foot the bill, a plan which is supported by all segments of the City. Mr. Eldon A. Pfohl addressed the Council by stating that it looks like a misconception of Govern. ment. If we are not going into Urban Renewal just what kind of a program is going to be settled for and what is it going to cost. He further stated that the Council is making a mistake. Mr. Sam Pusateri, a local real - tor, stated that there is a more important factor than finances, which is satisfaction. We will get the whole train and not just the engine. The City should get a pro- gram they can support themselves thereby building up Dubuque for Dubuquers. Urban Renewal is a law that forces people to sell their property;— with "A" the owner selling to "B" who gets it at a re- duced price, the theory being that "B" has the credit to get the prop- erty improved. He definitely stated that the City is buying the whole package of Urban Renewal and not merely the initial planning. Mr. Tom Loosbrock a member of the Urban Renewal Consultant Committee said that the newest concept of Urban Renewal is to discuss our own program. Mr. R. F. Sefzik stated that we are not getting all the facts about Urban Renewal. The Federal Gov- ernment does not give you some- thing for nothing. Mrs. Robert McCabe objected to the plan because of a possible increase in the tax rate. The main 1 2, 1982 question in the mind of the ob- jectors seemed to be "Will the pro- gram lead to an Urban Renewal project?" City Manager Chavenelle said that nobody stated that it would not lead to that but it does not necessarily have to lead to a com- plete urban renewal project. The City Manager explained the cost as follows; City -41,000.—Fed- eral $81,000.—Beyond this $15,000 for traffic. —Additional $28,000 plus approximately $6500. in the future. The City will be asked for $70,000. tax money and $20,000 from the parking meter fund. April 2, 1962 To the Honorable Mayor and City Council Gentlemen: A proposal has been made to the City by Victor Gruen Associates whereby they will make a traffic and parking survey and program in the downtown area of the City of Dubuque for a fee of $15000.00. I recommend that you accept this proposal and authorize the City Manager to negotiate a con- tract for this service. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Schaller moved that the recommendation of the City Mana- ger be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. COUNCHL RECESSED AT 10:30 P.M. RECONVENED AT 10:35 P.M. Petition of W. L. Hauth et al, containing 5460 signatures, request- ing the Council to take the necess- ary steps to reduce gas rates in Dubuque to bring them in line with other cities in this area of com- parable size, presented and read. Mr. W. L. Hauth of 815 Euclid Avenue stated that Dubuque has been a goat when it comes to gas rate charges. The Council should adopt an Ordinance and lower the rates. Regular Session, April 2, 1962 lel') Mrs. W. Humke and Clarence Kipper also voiced objections to the present gas rates. Councilman Horgan moved that the petitions be received and filed, and the Mayor be directed to send a letter to the Gas Company ask- ing for full explanation for dis- crepancy in rates in the following cities; Muscatine, Cedar Rapids, Waterloo, Dyersville, all in Iowa, and Rochester, Minnesota. Second. ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Horgan further moved that it is requested that this be an official statement of the company. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of League of Iowa Municipalities submitting a list of items in the budgeting of the City Street Fund in order to protect future urban interests in the State Highway program and the use of increased road use tax funds, presented and read. Councilman Schreiber m o v e d that the communication be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of U. S. Confer- ence of Mayors submitting a list of highlights of the program to be held at the annual conference of Mayors in Miami Beach May 13th to 16th, presented and read. Mayor Schaller moved that the communication be received and filed. Seconded by Councilman Schrieiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Mrs. Robert Hird of Waterloo, Iowa, stating that .he use of D.D.T. in spraying elm trees will kill robins, presented and read. Mayor Schaller moved that that the communication be refer- red to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Charles and Doris Davis signifying their inter- est in the purchase of Lot. 1 of 2 of Lot 163 and Lot 1 of the Sub. of Lot 163 of L. H. Langworthy's Addition situated on Kane Street, presented and read. Councilman Schreiber moved that the com- munication be referred to the Plan- ning and Zoning Commission. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Sol Tabak dated March 20, 1962 expressing his appreciation for being selected to serve on the Planning and Zon- ing Commission, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by May- or Schaller. Carried by the fol. lowing vote: Yeas—Mayor Schaller, Council- men Iiorgan, Kean, Schreiber, Takos. Nays—None. Communication of Sol Tabak, dated March 23, 1962, submitting his resignation as a member of the Planning and Zoning Commis- sion due to time conflict when meetings are normally held, pre- sented and read. Councilman Schreiber moved that the resigna. tion be accepted with regret and the Mayor instructed to send a letter. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. I (1 Regular Session, April 2, 1962 April 2, 1962 To the Honorable Mayor and City Council Gentlemen: Re:—Frederick Nagel Applicant to Fire Department On December 26, 1961 the Sec- retary of the Fire Pension and Re - of ement applicants Board s who suet given sfully pa Pass- edapP ed the written examinations con- ducted by the Civil Service Com- mission. After consulting with the Chief of the department the appli- cants were notified by telephone to present themselves to the Medi- cal Board for examination. Freder- ick Nagel was a successful appli- cant and was notified to be exam- ined. Each applicant was given the name of the Doctors together with instructions to make their own ap- pointments and were further in- structed to contact the Secretary of the Pension Board three or four days after they received their last examination to find out the result of the examinations. The examinations of Frederick Nagel were received by the Secre- tary as follows: Dr. A. J. Entringer—dated De- cember 26, 1961 and passed Dr. H. M. Pahlas—dated Decem- ber 19, 1961 and passed Dr. J. A. Thorson—dated Janu- ary 2, 1962 and rejected due to hearing When all the examinations of the applicants were completed they were given to the Chief of the Fire Department for his examination. On January 30, 1962 the regular monthly meeting of the Fire Pen- sion Board was held. At this meet. ing all examination papers of the applicants were inspected by the full board. Since the examination of Frederick Nagel was rejected by Dr. Thorson, the name of Fred. erick Nagel was not certified to the City Council for appointment. On or about February 19, 1962 the Secretary received a second examination from Dr. Thorson in which he approved Frederick Nagel as an applicant to the department. At the regular monthly meeting of the Fire Pension and Retirement Board held un February 27, 1962 the second examination of Freder- ick Nagel was presented and dis. sussed. Frederick Nagel and his brother were present at the Febru- ary meeting and were permitted to address the Board. After some fur. ther discussion the Board author- ized the Secretary to submit the name of Frederick Nagel to the Civil Service Commission as hav- ing passed the Medical Board and asked the Civil Service Commis- sion to submit his name to the City Council. Another applicant of this same group of applicants was re -jetted on his first examination made Jan- uary 3, 1962 but was accepted on his second examination dated Jan- uary 10, 1962. At no time has the Secretary of the Fire Pension and Retirement Board ever authorized any appli- cant to be re-examined by the Medical examiners. Respectfully submitted, EDWARD M. TSCHIRGI, Secretary Fire Pension and Retirement Board P.S. We understand that effective February 16, 1962 appointments have been made to the Fire De- partment from the first list sub- mitted to the City Council. E. M. T. Mayor Schaller moved that the communication be received and fil- ed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 20, 1962 To the Honorable Mayor and City Council Gentlemen: This is in regard to Mr. R. V. Hansel's letter dated March 10th about snow work in the area of the Key Knolls Subdivision. I should like to point out to the Council that the streets in the Key Knolls Subdivision are on our regular snow plow route X17, and snow plowing in the area has been carried out throughout the winter. Although the subdivision is at the extreme end of the plowing route and although we have not been able to serve the area as promptly as Mr. Hansel desires, we have on the occasion of every storm, plowed the area as soon as it was possible. Regular Session, April 2, M2 111 I do not see any reason for a planned plowing system to be dis- rupted by the desires for any one location in the city. Such disrup- tion would of course be at the expense of more congested heavier traffic and locations that are on hills. I most certainly do not recom- mend that the City pay the bill sub- mitted by Mr. Hansel. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 28, 1962 To the Honorable Mayor and City Council Gentlemen: I recommend the installation of ten (10) 4000 lumen incondescent lights on Grandview Avenue be- tween Fairway and Cerro Drives. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 26, 1962 To the Honorable Mayor and City Council Gentlemen: It is recommended that eighteen (18) street lights be installed on Kerper Boulevard from Fengler Street to East 16th Street. These lights will be 175 watt mercury vapor lights mounted on poles erected just outside the driving space on both sides of the boule- vard. It is also recommended that a street light be erected at the inter- section of Algona and Custer Streets. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—:None. April 2, 1962 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policy and desire to have your ap- proval on same for filing, subject to the approval of the City Solicit- or: SIDEWALK Richard Anthony, Bond No. 28214- 13-336.57, U.S. Fidelity & Guaran- ty Co. M. P. Kluck and Son, d/b/a Merlin P. Kluck, Bond No. 28214.13-624.53, U.S. Fidelity & Guaranty Co. Cyril Hanten, Bond No. 630908-62, Western Surety Co. Robert Shireman, Merchants Mu- tual Bonding Co. HEATING Loras Beadle, Bond No. 854567-62, Western Surety Co. Alex Kollar, Bond No. 656446.62, Western Surety Co. EXCAVATING Curtis -Straub Company, Policy No. CL 636.067, American States In- surance Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 23, 1962 To the Honorable Mayor and City Council Gentlemen: The petition of Fred C. Kueper, 492 Kaufmann Ave., requesting va- cation of dead end alley located in 112 Regular Session, April 2, 1962 Mechanics Add, and parallel to Hempstead Street has been cZoning ered by the Planning e Commission- rves This is aeCiort ownedanbYSe Mr. only prop Y Kueper. Com- mission Planning & Zoning mission recommends alley be va- cated. submitted, Respectfully & Dubuque Planning Zoning Commission By OWEN RILEY, Sec'y Councilman Takos moved that the recommendation of the Com- mission be approved and the com- munication referred t the hedi ngs Seconded by City Solicitor for proper councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 23, 1962 To the Honorable Mayor and City Council Gentlemen: Petition of Harold Moldt Jr., 1809 Rhomberg requesting vaca- tion of a portion of Lewis Street has been considered by the Plan- ning & Zoning Commission. This street on the bed of the quarry serves no public purpose. The quarry bluff is about eighty foot high and the portion of Lewis Street on the higher level may be of some future use. The Planning & Zoning Commis- sion recommends vacation of that part of Lewis Street in the aban- doned quarry on the lower level. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secy March 30, 1962 To the Honorable Mayor and City Council Gentlemen: The petition of Orlin Conlon and Merrill Vanderloo requesting vaca- tion of strip of property known as Lot 38 in Grandview Heights has been considered by the Planning and Zoning Commission. Attached thereto is a letter of protest by a Mrs. James A. Dockal and an opinion given the Commis- sion by the City Solicitor. We respectfully recommend that petition for vacation be denied. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secy Councilman Takos moved that the recommendation of the Com- mission be approved. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 27, 1962 Honorable Mayor and City Council City Hall Councilman Schreiber moved that the recommendation of the Commission be approved and the communication be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Gentlemen: On May 19, 1961, Rosemary Tut- hill filed her claim against the City of Dubuque, Iowa, claiming damages by reason of a fall on May 8, 1961 at or near 1651 White St. as a result of stepping in a defective area between the side- walk and curh at such point. I have made an investigation of this matter and have conferred with the attorney for claimant, which claimant has suffered spec- ial damages in the amount of $742.00, and that said claimant has made an offer of settlement in the amount of $500.00. It is the recommendation of the City Attorney that said offer be accepted and that the City Aud- itor be instructed to draw a war• rant in the amount of $500.00 pay- able to Rosemary Tuthill and El- wood Tuthill, her husband, and to transmit the same to the City At- torney for delivery to claimant up- on receipt of a duly executed re- lease. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO Regular Session, April 2, 1982 113 Councilman Takos moved that Notice of claim of Lulu M. Dil- the recommendation of the City lard, in an un -named amount, for Solicitor be approved and the personal injuries received in a Auditor instructed to issue a war- fall on an icy sidewalk on the rant in the amount of $500. payable corner of 17th & Central Avenue to Rosemary & Elwood Tuthill and on March 8, 1962, presented and transmit the same to the City Solic- read. Mayor Schaller moved that itor. Seconded by Mayor Schaller. the notice of claim be referred to Carried by the following vote: the City Solicitor for investigation Yeas—Mayor Schaller, Council- and report. Seconded by Council. men Horgan, Kean, Schreiber, Carried by the n Schreiber.vote: Takos. following Nays—None. Yeas—Mayor Schaller, Council. Notice of claim of Patrick D. men Horgan, Kean, Schreiber, Takos. TaNays—None. McDermott, in the amount of incurred $16.09, for car damage the result of striking a manhole Notice of claim of Charles A. as cover in the alley between 8th & Block, in the amount of $9.95, for 9th between Main and Iowa on car damages incurred as the result March 28, 1962, presented and of striking a loose manhole cover read. Mayor Schaller moved that at Lemon & Stoltz street on Janu. the notice of claim be referred to ary 19, 1962, presented and read. the City Solicitor for investigation Mayor Schaller moved that the and report. Seconded by Council- notice of clam be referred to the man Schreiber. Carried by the fol- City Solicitor for investigation and lowing vote: report. Seconded by Councilman Yeas—Mayor Schaller, Council- Schreiber. Carried by the following men Horgan, Kean, Schreiber, vote: Takos. Yeas—Mayor Schaller, Council- Nays—None. men Horgan, Kean, Schreiber, Notice of claim of Mrs. Bertha Takos. Nays—None. Feller, in an un -known amount, for personal injuries received in a fall Notice of claim of Anna M. Cum - on a defective sidewalk at 1523 mer, in an un -named amount, for Rhomberg Avenue on February 7, personal injuries received in a fall 1962, presented and read. Mayor on an icy sidewalk at 2401 Windsor Schaller moved that the notice Avenue, on March 4, 1962, pre - of claim be referred to the City rented and read. Mayor Schaller Solicitor for investigation and re- moved that the notice of claim be port. Seconded by Councilman referred to the City Solicitor for Schreiber. Carried by the follow- investigation and report. Seconded ing vote: by Councilman Schreiber. Carried Yeas—Mayor Schaller, Council- by the following vote: Schaller, Council- men Horgan, Kean, Schreiber, Yeas—Mayor men Horgan, Kean, Schreiber, Takos. ' Nays—None. Takos. Nays—None. Notice of claim of Palmer J. Dillard, in an un -named amount, Notice of claim of Mrs. Sammie for personal injuries received in a G. Owens, in an unnamed amount, fall on an icy sidewalk on the for personal injuries received in a fall an icy sidewalk at 59 Hill corner of 17th & Central Avenue on March 8, 1962, presented and on Street on March 29, 1962, presented read. Mayor Schaller moved that and read. Mayor Schaller moved that the of claim be referred the notice of claim be referred to the City Solicitor for investigation notice to the City Solicitor for investiga- and report. Seconded by Council- tion and report. Seconded by Coun• Carried by the man Schreiber. Carried by the fol- Gilman Schreiber. lowing vote: Yeas—Mayor Schaller, Council. following vote: I Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, II men Horgan, Kean, Schreiber, Takos. i Takos. Nays—None. I Nays—None. 114 Regular Session, April 2, 1962 Notice of claim of Ludwina G. Flick, in an un -named amount, for personal injuries received in a fall on an icy sidewalk at 1081 N. Booth Street on March 13, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. March 30, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Margaret McMa- hon et al, 36 Bluff Street request- ing rezoning of certain portion of block between Dodge and Jones Street and Bluff to Bissell Lane has been considered by the Plan- ning & Zoning Commission. The Commission believes this area if rezoned would develop into a good business area and recom- mends the area requested be re- zoned to Business Zone. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secy Mayor Schaller moved that the recommendation of the Commis- sion be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None, ORDINANCE NO. 17-62 An Ordinance Amending Ordin- ance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque by changing the Zoning Classification of City Lots 587, 588, 589, 590 from Multiple Family Residence District classifi- cation to Business District Classifi- cation, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that a hearing be held on the Ordinance on May 7, 1962, at 7:30 o'clock P.M. in the Council Cham- ber at the City Ball and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 18-62 An Ordinance Accepting the con- veyance of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm in the City of Dubuque, Iowa, and establish- ing same as a public street, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas ---Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended requir. ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. I8-62 AN ORDINANCE: ACCEPTIII0 THE CONVEYANCE OF LOT 2 OF LOT 1 OF LOT l OF Li M 1 OF IAT I OF LOT 1 OF LOT 2 OF LOT 1 OF LOT 2 OF LOT 1 OF HIGHLAND FARM IN THE Regular Session, April 2, 1982 115 CITY OF DUBUQUE IOWA AND ESTABLISHING riAM1h AS A PITBI.IC STREET. WHEREAS. the City of Dubuque needs the following described property* Lot 2 of Lot I of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm in the City of Dubuque, Iowa, according to plat dated March 21, 1962 pre- pared by Bartels. McMahan & LeMay Engineering Co. for the purpose of extending Carter Road; and; WHEREAS. Nicholas J. Kopp and Esther F. Kopp have conveyed estate ei the ove vCity described Dubuque) to Iowa by Warranty Deed dntea March NOW2T1962 for street purposes. BE SIT OR- DAINED BY THE CITY COUNCIL OF I) BITQtTF.. IOWA: Section 1. Conveyance by Nicho- las J. Kopp and Father F. h.opp to the ofWarrantytyDeedD ubudated a Ma chi 29 1962 of the following described real estate: Lot 2 of Lot 1 of Lot 1 of Lot 1 of IAL I of Lot I of Lot 2 of Lot Farm In of Lot 2the C.ityl off Dubuque Iowa, according to plat dated March 21, 1962 prepared bir repar dby Bartels. McMahanet Engineering Co. be and the same is hereby ac- cepted by the City of Dubuque. Section 2. That said real estate described as follows: Lot 2 of Lot 1 of Lot 1 of Lot 1 Of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm in the City of Dubuque, Iowa, according to preddated yd BartelH, 2McM ha1962 pre - pa& LeMay Engineering Co. be and the same Is hereby estab- lished as a public street and same Is hereby dedicated to the public for street purpposes, hereafter to be known and designated as Carter Road. Section S. That the City Clerk be and he Is hereby authorised and directed to record said Warranty Deed and plat Of said property dated March 21, 1962 prepared by Bartels, McMahan & LeMay Engi- neering Co and a certified copy of this Ordinance in the office of the County recorder, in and for Dubuque County, Iowa. Section 4. This Ordinance shall be in full force and effect from and after Its final passage adop- tion and publication as 6y law provided. Introduced the 2nd day of April, 1962. Rule requiring reading on three separate days suspended by unanimous vote the 2nd day of April, 1962. Passed by recorded roll call vote adopted and approved this 2na day of April, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Tele- Rraph-lierald newspaper this 6th day of Apprll 1962. LF.O F. FROMMELT, It 4-6 City Clerk Councilman Schreiber moved the doption of the Ordinance. Second - d by Councilman Takos. Carried y the following vote: Yeas—Mayor Schaller, Council- men, Horgan, Kean, Schreiber, 'akos. Nays—None. Petition of Mrs. A. H. Eilers re- luesting widening of the alley ietween Groveland and Lawther; :rection of a street sign on Bruns- vick Street; Surface the alley with )ermanent material; Clean up fire Lazard on the side of the hill in he 29th street area; Erect street ights on the 29th street hill off 3urden, presented and read. Coun- :ilman Takos moved that the peti- :ion be referred to the City Man- ager, Electrical Inspector, and En- gineering Department. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Curtis -Straub Co. re- questing permission to excavate in the streets and alleys of the City, presented bnd read. Councilman Takos moved the petition be grant- ed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Robert Roussel re- questing city benefits as to sewer, water, etc. at 3425 Pennsylvania Avenue, agreeing to annex as goon as possible, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Councilman Takos. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. Robert Roussel addressed the Council relative to his petition. Petition of Hamblin Construc- tion Co. requesting permission to excavate in Cox Street to provide for two homes on lots 7 and 8 in Block 2 Hamblin Subdivision, pre- sented and read. 116 Regular Session, Councilman Kean moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the folowing vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of E. Marshall Thomas, attorney, in behalf of Fay Thomas and Calista Ann Steger, request- ing rezoning of Lot 2 of 1 of West Gate; Lot 2 of 1 of prysi Farm; Lot 2 of 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of the Correction plat of Prysi Farm and M. L. 166; Lot 1 of 2 o 1 of 1 of 1 of 1 of 1 of 1 of 1 of I of the Correction Plat of Prysi Farm and M. L. 166 to Local Business District "A" clas- sification, presented and read. Councilman Schreiber m o v e d that the petition be referred to the Planning and Zoning Commis- sion. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of My -Cap Vendors, Inc., Marcella McCarty account, request- ing a refund of $25.00 on the un- expired portion of cigarette li- cense No. 286, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant payable to My -Cap Vendors, Inc., in the amount of $25.00, to cover the amount due on the un- expired portion of cigarette license No. 286. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Nays—None. Petition of Frank Breitbaeh re- questing a refund of $50.00 on the unexpired portion of Class B Beer Permit No. 93, as he has discon. tinued business on March 31, 1962, presented and read. Councilman Takos moved that the refund be granted and the. Auditor instructed to issue a war. rant payable to Frank l3reitbach in the amount of $50.00 to cover the amount due on the unexpired portion of Class B Beer Permit No. 1 °, 196? 93. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Diamond's Grill re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 2, as they have discon- tinued business on March 31, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Diamond's Grill in the amount of $25.00 to cover the amount due on the unexpired portion of cigarette license No. 2. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Arnold Gartner re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 165, as he has discon- tinued business on March 24, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Arnold Gartner in the amount of $25.00 to cover the amount due on the unexpired por- tion of cigarette license No. 165. Seconded by Councilman Schrei- bed. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schrieber, Takos. Nays—None. Petition of Mrs. Mildred H. Ryan requesting a refund in the amount of $100.00 on the unexpired por- tion of beer license No. 149, issued to Walter Ryan recently deceased, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant to Mrs. Mildred Ryan in the amount of $100.00 upon receipt of a release agreeing to hold the City free from any future claims, to cover the amount due on the unexpired portion of Class B beer Regular Session, April 2, 1962 117 permit No. 149. Seconded by Coun- Petition of Earl J. Maury re. Schreiber. Carried by the questing a refund of $25 on the cilman following vote: unexpired portion of cigarette li. Yeas—Mayor Schaller, Council-cense No. 30, as he has discon. men Horgan, Kean, Schreiber, tinued business on March 31, 1962, Takos. presented and read. Councilman Nays—None. Takos moved that the refund be Petition of Walter Sitterly re- granted and the Auditor instructed questing a refund of $25 on the to issue a warrant payable to Earl unexpired portion of cigarette li- J. Maury, in the amount of $25, cense No. 23, as he has discontin. to cover the amount due on the ued business an March 31, 1962, unexpired portion of cigarette li- presented and read. Councilman cense No. 30. Seconded by Coun- Takos moved that the refund be cilman Schreiber. Carried by the granted and the Auditor instruct- following vote: to issue a warrant payable to Yeas—Mayor Schaller, Council - ed Walter Sitterly, in the amount of men Horgan, Kean, Schreiber, Ta - $25, to cover the amount due on kos. the unexpired portion of cigarette Nays—None. license No. 23. Seconded by Coun Schreiber. Carried by the petition of Marcella McCarty re- questing a refund of $50 on the questing following vote: Yeas—Mayor Schaller, Council- unexpired portion of Class "B" men Horgan, Kean, Schreiber, Ta beerlicenseNo. 98, as she has discontinued business on March kos. 31, 1962, presented and read. Nays—None. Councilman Takos moved that the Petition Walter Sitterly re- refund be granted and the Auditor questing a refund of $100 on the r instructed to issue a refund pay - unexpired portion of Class B beer able to Marcella McCarty, in the license No. 144, as he has discon- amount of $50, to cover the tinued business on March 31, 1962, e or. amount due on the unexpired poon presented and read. Councilman tiof Class B beer license t93. i Takos moved that the refund be cilman by Councilman granted and the Auditor instruct- Schreiber. Carried by the foUow- ed to issue a warrant payable to ing vote: Walter Sitterly, in the amount of yeas—Mayor Schaller, Council - to cover the amount due on li- men Horgan, Kean, Schreiber, la- the unexpired portion of beer the cense No. 144. Seconded by Coun- kos. Nays --None. cilman Schreiber. Carried by the March 28, 1962 following vote: Yeas—Mayor Schaller, Council- To the Honorable Mayor men Horgan, Kean, Schreiber, Ta- and City Council kos. Nays—None. Gentlemen: On March 22, 1962, Mrs. Patricia Petition of Lester Foell request- Ann Donath, 400 Iowa Street, was ing a refund of $50 on the unex- charged with having liquor for pired portion of Class B beer per- beverage purposes of alcoholic con- mit No. 71, as he has discontinued tent greater than 4% by weight business on March 31, 1962, pre- in violation of Section 26 of Ordi- sented and read. Councilman Takos nance 9-35. moved that the refund be granted On March 26, 1962, Mrs. Patricia and the Auditor instructed to issue Ann Donath entered a plea of guil- a warrant payable to Lester Foell, ty in police court of the City of in the amount of $50, to cover Dubuque and was fined $50.00 for the amount due on the unexpired of this ordinance. Portion of Class B beer permit violation I therefore recommend that the No. 71. Seconded by Councilman Class "B" Beer Permit No. 107 Schreiber. Carried by the following issued in the name of Patricia Ann vote: Donath be revoked. Yeas—Mayor Schaller, Council- Respectfully submitted, men Horgan, Kean, Schreiber, Ta- Gilbert D. Chavenelle kos. Nays—None. City Manager 113 Regular Session, April 2. 1962 Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kcs. Nays—None. RESOLUTION NO. 66—x2 WHEREAS. March 22, 1962 Pa- tricia Donath of 1550 Fairfax Ave- nue, Dubuque, Iowa, was charged with having liquor on premises in violation of Section 26 of Ordi- nance No. 9.35, which information was filed in the court of Alfred E. Hughes, Police Judge, City of Du- buque, Iowa, and that on March 26, 1962 the said Patricia Donath entered a plea of guilty to said charge and a fine of $50.00 was imposed by the court; and WHEREAS, Patricia Donath was the holder of Beer Permit No. 107 and conducted her business at 400 Iowa Street in the City of Du- buque under the trade name of IOWA TAP at the time of said violation; and WHEREAS, the City Manager of Dubuque, Iowa, has recommended to the City Council of Dubuque, Iowa, that the Class B Beer Per- mit No. 107 issued to Patricia Donath be revoked by reason of said violation. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Class B Beer Permit No. 107 issued to Patricia Donath be and the same is hereby revoked. Section 2. That the Chief of Po- lice of the City of Dubuque is ordered to pick up Class B Beer Permit No. 107 issued to Patricia Donath forthwith and return same to the City Manager's Office for cancellation. Passed, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. MORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop. tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kes. Nays—None. RESOLUTION NO. 68.62 WHEREAS, on the 18th of De- cember, 1961, the City Council of Dubuque, Iowa, passed, adopted and approved Resolution No. 290- 61, approving the Plat of Lot 1 of Lot 2 of Lot I of Lot of Lot 2 of Lot 1 of Faldorf's Place, subject to certain conditions set forth in said Resolution; and WHEREAS, Section 4 of said Resolution provided that J. Allen Wallis Jr. and Marijane S. Wallis provide security as required in Section 2 of said Resolution within 60 days from the date of said Reso- lution; and WHEREAS, the said J. Allen Wallis Jr. and Marijane S. Wallis has posted the required security, but due to conditions beyond the control of the City, said security was not posted within the required 60 days from date of Resolution No. 290-61. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the security post- ed by J. Allen Wallis, Jr. and Mari- jane S. Wallis to secure perform- ance of provisions of Section 2 of Resolution No. 290.61 be and the same is hereby approved, and the failure of J. Allen Wallis, Jr. and Marijane S. Wallis to post the re- quired security within 60 days of December 18, 1961, be and the same is hereby waived. Section 2. That the terms and provisions set forth in Resolution No. 290-61 be and the same remain in force and effect as though the required security had been posted within the 60 day period as set out in said Resolution. Section 3. That the said J. Allen Wallis, Jr. and Marijane S. Wallis execute the acceptance hereto at- tached accepting the terms and pro- visions of Resolution No. 290-61 and the terms and provisions of Resolution No. 68-62. Regular Session, April 2, 1962 119 Passed, adopted and approvee. this 2nd day of April, A.D., 1962, by unanimous 1 LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Attest: LEO F. FROMMELT, City Clerk ACCEPTANCE OF RESOLUTION NO. 290.61 AND RESOLUTION NO. 68.62 I, the undersigned, J. Allen Wal- lis, Jr. and Marijane S. Wallis, having read the terms and condi- tions of Resolution No. 290-61 and Resolution No. 68-62, and being familiar with the contents there of hereby accept the same and agree to perform the conditions required therein. J. ALLEN WALLIS, Jr. MARIJANE S. WALLIS Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Council proceedings for the months of October, November, De- cember 1961 presented for ap- proval. Mayor Schaller moved that the council proceedings for the months of October, November, De- cember 1961 be approved as print- ed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 69.62 BE IT RESOLVED by the City Council of Dubuque that the fol- lowing, having complied with the provisions of law relating to the sale of cigarettes within the Cita of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Addres, Louis J. Schaller and Heinz Fail mezger, 351 Dodge Street Thos. H., Richard J. & Robt. E Hantelmann, 902 Main Street Gordon Cunningham, Bunker Hil Golf Course mime Rock Springs Co., Inc. for Francis J. Kelly, 1075 Dodge Street John F. Hall, 3050 Asbury Street Vey -Cap Vendors Inc. for Quick Clean Self Service Laundry, 1300 Iowa Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 7062 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica. tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Stuart F. De Moss, 2412 Central Avenue Frank J. Fitzpatrick, 75 East 4th Street Holiday Inn Restaurant (Hubert B. Dukes, Mgr.), 1111 Dodge Street John F. Hall (Transfer from 2205 Carter Road), 3050 Asbury Street Mrs. Maryel M. Birkett, 1064 Uni- versity Avenue Mrs. Alma Henkel, 241 Main Street Florance Deutsch, 1298 Main Street Dorance E. Cox, 2613 University Avenue Philip Krepfle, 1399 Jackson Street Merlyn L. Weber, 1904 Central Avenue Mrs. Josephine A. Burke, Fischel' Bldg. -215 West 9th St. 120 Regular Session, April 2, 1962 — CLASS "C" BEER PERMIT Raymond H. Kratz, 1501 Rhomberg Avenue William J. White, 1993 Asbury Street Donald D. Schroeder, 2890 Central Avenue Passed, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 71.62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; WHEREAS, the premises to be occupies: by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Stuart F. DeMoss, 2412 Central Avenue Frank P. FitzPatrick, 75 East 4th Street Holiday Inn Restaurant (Hubert B. Dukes, Manager), 1111 Dodge Street John F. Hall (Transfer from 2205 Carter Road), 3050 Asbury Street Mrs. Maryel M. Birkett, 1064 Uni- versity Avenue Mrs. Alma Henkel, 241 Main Street Florance Deutsch, 1298 Main Street Dorance E. Cox, 2613 University Avenue Philip Krepfle, 1399 Jackson Street Merlyn L. Weber, 1904 Central Av- enue Mrs. Josephine A. Burke, Fischer Bldg., 215 West 9th St. CLASS "C" BEER PERMIT Raymond 11. Kratz, 1501 Rhomberg Avenue William J. White, 1993 Asbury Street Donald D. Schroeder, 2890 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. LEO F. FRORMMELT, City Clerk Approved (..etober..8,.... 1962. ................. October 81962 Adopted............A ................. ...... ..... .......... Councilmed� ..!�–) At !7y esu............. City Clerk Special Session, April 16, 1962 121 C � ITY COUNCIL I Gilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. OFFICIAL Carried by the following vote: Yeas—Mayor Schaller, Council. Special Session, April 16, 1962. men Horgan, Kean, Schreiber, Council met at 7:30 P.M. Takos. Nays—:None. Present—Mayor Schaller, Council- Horgan, Kean, Schreiber, petition of Eugene L. Douglas men Takos. City Manager, Gilbert D. objecting to the proposed resur- facing of Lowell Street, Chavenelle. presented and read. Councilman Schreiber Mayor Schaller read the call moved that the petition be received and stated that service thereof and filed. Seconded by Councilman had been duly made and this meet- Kean. Carried by the following ing if called for the purpose of vote: conducting a public hearing on pro- Yeas—Mayor Schaller, Council. posed plans, specifications, form men Horgan, Kean, Schreiber, of contracts and costs of improve. Takos. ments for City of Dubuquue 1962 Nays—None. Grading Project No. 1; City of Du- Petition of Hank Prutch et al buque 1962 Concrete Curb & Gut- (53 signers) objecting to proposed ter Project No. 1; City of Dubuque curb & gutter and surfacing of 1962 Bituminous Concrete Surfac- Rockdale Road from Grandview to ing Project No. 1; City of Dubuque the south line of the Cit Y, pre 1962 Hot Mix-Hot Laid Asphalt Surfacing Project No. 1, Section I erei and read. Councilman and II: City of Dubuque 1962 Con- chsen S Schreiber moved that the petition be crete Paving with Integral Curb received and filed. Seconded Councilman Kean. Carried by Project No. 1, and acting on any t h the following vote: other business as may properly �' Mayor Schaller, Council- come before a regular meeting of men Horgan, Kean, Schreiber, H the Cit Council. Y Takos. Communication of Paul F. McMa- Nays—None. han as being in favor of paving for Laurel Street, presented and Petition of Mr. and Mrs. Ralph read. Councilman Schreiber moved Wright Jr., objecting to the pro- that the communication be re- posed surfacing of Caledonia ceived and filed. Seconded by street, presented and read. Council- Councilman Kean. Carried by the man Schreiber moved that the following vote: petition be received and filed. Sec- Yeas—Mayor Schaller, Council- onded by Councilman Kean. Car- men Horgan, K e a n, Schreiber, ried by the following vote: Takos. Yeas—Mayor Schaller, Council- Nays—None. men Horgan, Kean, Schreiber, Petition of Joseph D. Gribben et Takos. Nays—None. al 12 signers) as being in favor of improving McClain Street and Petition of Mrs. Edith M. Wright urging the lowering of the grade objecting to the proposed surfac- at the corner of Wooten & McClain, ing of Caledonia street, presented presented and read. Councilman and read. Councilman Schreiber Schreiber moved that the petition moved that the petition be re- be received and filed. Seconded by ceived and filed. Seconded by Councilman Kean. Carried by the Councilman Kean. Carried by the following vote: following vote: Yeas—Mayor Schaller, Council- Yeas—Mayor Schaller, Councii- men Horgan, Kean, Schreiber, men Horgan, Kean, Schreiber, Takos. Takos. Nays—None. Nays—None. Petition of Lorie Parker et al (4 signers) objecting to the pro- Petition of Eugene L. Douglas Posed surfacing of Catherine et al (30 signers) objecting to the Street, presented and read. Coun- proposed surfacing of Lowell 123 Special Session, April 16, 1962 Street from Harold to Abbott streets, presented and read. Coun- cilman Schreiber moved that the petition be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Co bel, men Horgan, Kean, Takos. Nays—None. Petition of Vincent P. Jestice et al (10 signers) objecting to the proposed surfacing of McPoland Street, presented and read. Coun- cilman Schreiber moved that the petition be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Byron VanVleck et al (54 signers) objecting to the proposed surfacing of Rush Street, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of James Woods and R. J. Lepsch stating that they are not desirous of selling property for the purpose of extending Lin - dale Street through to Carter Road, presented and read. Councilman Schreiber moved that the com- munication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Clem Aird et al (26 signers) objecting to the proposed surfacing of Mineral street, pre- sented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Robert H. Schultz et al (21 signers) objecting to the proposed surfacing of VanBuren street, presented and read. Council- man Schreiber moved that petition be received and filed, onded by Councilman Kean. I ried by the following vote: Yeas—Mayor Schaller, Coui men Horgan, Kean, Schrei Takos. Nays—None. Petition of Wm. R. Martin e (11 signers) objecting to the posed surfacing of Nebraska sti presented and read. Council Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Alvin Anderson et al (8 signers) objecting to the pro- posed surfacing of Beverly street, presented and read. Councilman Schreiber moved that the peti- tion be received and filed. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Stampfer Building Co. et al (22 signers) objecting to the proposed improvement of 4th Street with concrete paving pre- sented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hearing upon proposed plans and specifications form of contract and cost of improvements for con- struction of City of Dubuque 1962 Grading Project No. 1, presented and read. Councilman Schreiber moved that the proof of publica- tion be received and filed. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. r Special Session, April 16, 1962 123 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 72.62 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1962 Grad- ing Project No. 1, North Grand- view Avenue Extension from the north property line of Kane street to the south property line of 32nd street have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining 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 16th day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for at cost of the improve. ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED 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 ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. (Necessity for Improvement) RESOLUTION NO. 4562 WHEREAS, proposed plans, specifications, form of contract, plat have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec. essary for the public welfare to make the herein mentioned im- provement. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the street Road Use Tax funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Special Session, April 16, 1962 1.:..�2 Street from Harold to Abbott man Schreiber moved that the petition be received and filed. Sec streets, presented and read. Coun moved that the onded by Councilman Kean. Car - Gilman Schreiber and filed. Sec tied by the following vote: petition be received KeanCar . Yeas—Mayor Schaller, Council- onded by Councilman following vote: men Horgan, Kean, Schreiber, rigid by the Yeas—Mayor Schaller, Council- Schreiber, Takos. Nays—None. men Horgan, Kean, Takos. Nays—None. Petition of Vincent P. Jestice et al (lo signers) objecting tothe the proposed surfacing of and Street, presented and read. Coun- cilman Schreiber moved that the petition be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Byron VanVleck et al (54 signers) objecting to the proposed surfacing of Rush Street, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of James Woods and R. J. Lepsch stating that they are not desirous of selling property for the purpose of extending Lin - dale Street through to Carter Road, presented and read. Councilman Schreiber moved that the com- munication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Clem Aird et al (26 signers) objecting to the proposed surfacing of Mineral street, pre- sented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Robert H. Schultz et al (21 signers) objecting to the proposed surfacing of VanBure street, presented and read. Council Petition of Wm. R. Martin et al (11 signers) objecting to the pro- posed surfacing of Nebraska street, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Alvin Anderson et al (8 signers) objecting to the pro- posed surfacing of Beverly street, presented and read. Councilman Schreiber moved that the peti- tion be received and filed. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Stampfer Building Co. et al (22 signers) objecting to the proposed improvement of 4th Street with concrete paving pre- sented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hearing upon proposed plans and specifications form of contract and cost of improvements for con- struction of City of Dubuque 1962 Grading Project No. i, presented and read. Councilman Schreiber moved that the proof of publica- tion be received and filed. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- n kos. Nays—None. Special Session, April 16, 1962 123 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 72.62 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1962 Grad- ing Project No. 1, North Grand- view Avenue Extension from the north property line of Kane street to the south property line of 32nd street have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining 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 16th day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for at cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED 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 ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec. ord in connection with said im• provement. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 45.62 WHEREAS, proposed plans, specifications, form of contract, plat have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec. essary for the public welfare to make the herein mentioned im- provement. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be paid from the street Road Use Tax funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. 124 Special Session, April 16, 1962 RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Cauncil this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. (Ordering Construction) RESOLUTION NO. 73.62 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 45.62 which was duly passed by this Council, for the City of Dubuque 1962 Grading Project No. 1 be and the same are hereby ordered and constructed by this Council upon its own mo- tion and with or without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that payment will be made to the contractor out of Street Road Use Tax Funds. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 calendar days after notice to proceed is issued. 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, Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for CITY OF DUBUQUE 1962 CONCRETE CURB & GUTTER PROJECT NO. 1, pre- sented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Takos moved that Rockdale Road from the south property line of Grandview Ave- nue to the south corporation line be deleted from the City of Du- buque 1962 Concrete Curb & Gut- ter project No. 1. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Special Session, April 16, 1962 l _' Councilman Schreiber moved that Lindale Street from the west property line of Carter Road west- erly to the existing curb and gut- ter be deleted from the City of Dubuque 1962 Concrete Curb & Gutter project No. 1. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that part of Cottage Place from the east property line of Lot 77 Pleasant View Add, to east of end of street be deleted from the City of Dubuque 1962 Concrete Curb & Gutter project No. 1, due to the rough terrain. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Mr. Wm. Reelfs addressed the Council by stating that he is not against improving Davenport street with curb & gutter but was some- what concerned as to drainage from his property. The Engineer- ing Department assured him they would do all they can to improve his situation. RESOLUTION NO. 74-62 Resolution Amending Resolution No. 49-62 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa.- Section owa:Section 1. That Resolution No. 4962 being the Resolution of Ne- cessity for the City of Dubuque 1962 Concrete Curb and Gutter Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: I. Cottage Place from E.P.L. of Lot 77 Pleasant View Add. to ' east end of street. (Stop at east property line of Lot 77) 2. Rockdale Road from the S.P.L. of Grandview Avenue to the south corporation line. 3. Lindale street from the west property line of Carter Road westerly to the existing curb and gutter. Pased, adopted and approved this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Decision of Council upon obiec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 75.62 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1962 Con- crete Curb & Gutter Project No. 1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 16th day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur. pose of hearing all interested par- ties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS. all interested par. ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Dubuque, Council of the City of that all objections which have been made and filed to the plans, speci. 10 Special Session, April 16, 1962 iications. wntract fbr Oc cost of ai:i .mprnrement hereM described ,no '"Pnsed to he q=&. be and • he ;ame hereby overruled and ,ach plans, specifications and form of 'nntaact heretofore approved Ir"" hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections 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 improve- ment. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 49-62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve. ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma. terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Concrete Curb & Gutter Project No. 1 1. Davenport Street from West Property Line of National Street to existing rock curb 95 feet South of the South Property Line of Prim- rose Street. 2. Primrose Street from the South Property Line of Davenport Street to the North Property Line of Muscatine Street. 3. Cottage Place from the East Property Line of Abbott Street to the East end of the street. 4. McClain S t r e e t from the South Property Line of Wooten to the North Property Line of Bonson Street. 5. North Grandview Avenue— West fork from the South Proper- ty Line of Kaufmann Avenue Southerly 800 feet to the existing curb & gutter. 6. Shiras Avenue from the South Property Line of Lot 1 of Lot 2 of Cota Sub. to the City Limits. 7. Alpha Avenue from the South Property Line of Pennsylvania Avenue to the North Property Line of Illinois Avenue. 8. St. Joseph Street from the East Property Line of Collins Street to the West Property Line of Gondolfo Street. 9. Prysi Street from the South Property Line of University Ave- nue to the North Property Line of New Haven Street. 10. Cummins Street from the South Property Line of Loras Boulevard to the North Property Line of Block 2 of Hamblin's Sub. 11. Samuel Street from the South Property Line of St. George Sub. to the North Property Line of Southern Avenue. 12. Carter Road from the North Property Line of Kane Street to the South Property Line of Lot 1 of Lot 1 of Lot 2 of Lot 1 of High- land Farm Sub. 13. Northview Drive from the North Property Line of Kane Street to the North Property Line of Lot 1 of Lot 9 of Block 5 of Scenic View Heights. Special Session, April 16, 1962 127 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement. and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to 'he special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved a n d ordered placed on file with the City Clerk this 19th day of March, 1962. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 7662 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 49.62 which was duly passed by this Council, for the construction of City of Du- buque 1962 Concrete Curb & Gutter Project No. 1 be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of property owners. All the work shall 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 improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will be paid out of the Street funds of the city. Payment will be made to the contractor out of funds real. ized from the sale of bonds. Street Improvement bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con. struction of the various improve. ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 40 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from 128 Special Session, April 16, 1962 and after its passage and adoption by the City Council. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- edby Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for Public Improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of City of Dubuque 1962 Bituminous Concrete Surfacing project No. 1, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. nary. Mr. Wm. Cox of 2645 Nebras- ka stated there was no reason to pave Nebraska as same seems to be in good shape. Wm. Farnum, Don Oliver, Milton Powers, Mrs. Wm. Bastian and Earl Schumacher all addressed the Council objecting to the proposed surfacing of Rush Street. Councilman Takos moved that the following streets or portions of streets be deleted from the City of Dubuque 1962 Bituminous Con. crete Surfacing Project No. 1; Balke Street from Lawther to Link Street; St. Joseph Street from Gandolfa to Algona Street; Cottage Place from E.P.L. of Lot 77 Pleas. ant View Addn. to east end of street; Lowell Street from E.P.L. of Harold Street to the W.P.L. of Abbott Street; Nebraska Avenue from the E.P.L. of McPoland Ave. nue to the N.P.L. of VanBuren Street; Rush Street from the E.P.L. of Bryant Street to the W.P.L. of Villa street; Lindale Street from the W.P.L. of Carter Road westerly to the existing curb and gutter at the E.P.L. of Lot 1 of 2 of 30 Highland Park Road. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. Robert Schultz stated that he was not objecting to the pro- gram but felt as though the ser- vices should be put in first on Van Buren street. Mr. Vincent Jestice objected to paving of Me - Poland as same is not graded prop- erly. Gene Douglas objected to the surfacing of Lowell Street and further stated that it is being used as a truck route. V. Vance of 2301 Hempstead stated that the City should complete the job of filling the chuckholes. M. Steve of 704 Lowell found objection to the posi- tion of the catch basin at Hemp- stead & Lowell and also that the corner at Hempstead and Lowell should be rounded out. Ralph Wright Jr. objected to the pro- posed surfacing of Caledonia and felt that the expense is not neces- RESOLUTION NO. 77.62 RESOLUTION AMENDING RESOLUTION NO. S3.62 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That Resolution No. 53.62, being the resolution of Necessity for CITY OF DUBUQUE 1962 BITUMINOUS CONCRETE SURFACING PROJECT NO. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom. 1. Balke Street from Lawther Street to Link Street. 2. St. Joseph Street from Gandolfa Street to Algona Street. 3. Cottage Place from E.P.L. of Lot 77 Pleasant View Addn. to east end of street. (stop at E.P.L. of Lot 77) Special Session, April 16, 1962 129 4. Lowell Street from the east prop- erty line of Harold Street to the west property line of Abbott Street. 5. Nebraska Avenue from the east property line of McPoland Ave- nue to the north property line of Van Buren Street. 6. Rush street from the east prop- erty line of Bryant street to the west property line of Villa Street. 7. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter at the east property line of Lot 1 of 2 of 30 Highland Park Road. Passed, Adopted and Approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 78.62 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1962 Bi- tuminous Concrete S u r f a c i n g Project No. 1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining 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 16th day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED 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 ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections 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 improve- ment. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 53.62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. ll Special Session, April 16, 1962 4, &W -n � FEW— d to be as 4mu ,ug,dhm „� a valuation twa to Me . _ ._.. j. ..4a .,sr. -.ae of the cost of tilt.,;mprovement. stating $20W for each different type if construction and kind of ma- te-ral to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 1 1. Caledonia Street from the west property line ofHill ofStreet t to the south property line 8th Street. 2. West Fifth Street from the east property line of Hill Street to the west property line of Gil- more Street. 3. Alta Place from the n o r t h property line of Delaware Street to the south property line of Green Street. 4. Adair Street from the north property line of Loras Boulevard to the south property line of Rose- dale Avenue. 5. Irving Street from the south property line of Decorah Street to the north property line of Univer- sity Avenue. 6. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 7, Davenport Street from the north property line of West 28th Street to the south property line of National Street. 8. Cottage Place from the east property line of Abbott Street tc the east end of the street. 9. Sabula Street from the south property line of Davenport Street to the north property line of Mus catine Street. 10. Van Buren Street from th( west property line of University to the west property line of Drexe Avenue. 11. Brown Avenue from the wes property line of University to thi south property line of Van Buret Street. Street to the west end of the Itreet. 13. McPoland Avenue from the forth property line of Van Buren Street to the south property line )f Pennsylvania Avenue. 14. Mineral Street from the west property line of McCormick Street to the west property line of Lot 1 Elf Block 12 of Steger Heights. 15. Douglas Street from the east property line of Walsh Street to the west property line of College Street. 16. Cornell Street from the south property line of West 16th Street to the south property line of May Place. 17. Catherine Street from the south property line of West 17th Street to the north property line of West 16th Street. 18. Prysi Street from the south property line of University Ave- nue to the north property line of New Haven Street. 19. Shelby Street from the north property line of Clarke Drive to the north end of the street. 20. Cummins Street from the south property line of Loras Boulevard to the north property line of Block 2 of Hamblin Sub. 21. St. Joseph Street from the east property line of Collins Street to the west property line of Gon- dolfo Street. 22. Balke Street from the north property line of Lawther Street to the south property line of Groveland Place. 23. Cannon Street from the west property line of Mt. Carmel Road to the east property line of Laurel Street. 24. Laurel Street from the north property line of Grandview Avenue to the north end of the street. 25. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 26. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 12. Beverly Street from the 1 27. McClain Street from the south property line of Van Buren I south property line of Wooten Special Session, April 16, 1962 131 Street to the north property line of Bonson Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 79-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CJTY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 53-62 which was duly passed by this Council, for the City of Dubuque 1962 Bi- tuminous Concrete Surfacing Project No. 1 be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition 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 the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will be paid out of the street funds of the city. Payment will be made to the contractor out of funds real- ized from the sale of bonds, or Street Improvement bonds to be issued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 calendar days after notice to proceed is issued. 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. 132 Special Session, April 16, 1962 Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JmMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan. Kean. Schreiber. Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications form of contract and cost of improvements for the con- struction of City of Dubuque 1962 Hot Mix -Hot Laid Asphalt Surfac- ing Project No. 1, Sections I & Il, presented and read. Councilman Schreiber m o v e d that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Morgan, Kean. Schreiber, Takos. Nays—None. RESOLUTION NO. 80.62 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1962 Hot Mix -Hot Laid Asphalt Concrete Pay. ing Project No. 1 Sections 1 & 11 have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of such improvements, said time be- ing this 16th day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.ai, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consid- ering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered: now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described 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 decision of this Council upon all objections 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 improve- ment. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. F'RO!1iMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—!liayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 57.62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the folloµ ing: 1. The Assessment limits of each street to be improved. Special Session, April 16, 1962 133 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma. terial to be used. 6. In each case . the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Hot Mix - Hot Laid Asphaltic Concrete Sur- facing Project No. 1. Section 1 1. Kaufmann Avenue from the west property line of Lot 154 of L. H. Langworthy's Addition to a point 13 feet east of the west property line of Weidenbacher Sub. 2. Grandview Avenue — west fork from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Second Street from the west property line of Iowa Street to the east property line of Locust Street. 4. Carter Road from the north property line of Kane Street northerly to the south property line of Lot 1 of 1 of 2 of 1 of Highland Farm. 5. Northview from the north prop- erty line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. Section II 1. Kaufmann Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Langworthy's Ad- dition. 2. Grandview Avenue — east fork from the south property line of Kaufmann Avenue to a point 480 feet south. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement, and unless property owners at the time of the final :onsideration of this proposed reso- ution have on file with the City 'lerk objections to the amount of he proposed assessments, they ;hall be deemed to have waived all )bjections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there - [ore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was Intra duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as Pro- posed, by the City Council this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Council- yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. 134 Special Session, April 16, 1962 (Ordering Construction) RESOLUTION NO. 81.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 57-62 which was duly passed by this Council, for the construction of City of Du- buque 1962 Hot Mix -Hot Laid As- phalt Surfacing Project No. 1, Section I and II be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of property owners. All the work shall 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 improvements be paid for by levying special assessments against the privately owner property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Street Funds of the city. Pay- ment will be made to the con- tractor out of funds realized from the sale of bonds. Street Improve- ment bonds to be issued in antici. pation of deferred payments of as. sessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com. pleted on or before 30 days after notice to proceed is issued. 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 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for Public Improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of City of Dubuque 1962 Concrete Paving with Integral Curb Project No. 1, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. Charles Scherrer owner of the Canfield Hotel addressed the Council by stating that in his opinion the street could be re- surfaced with asphalt at a consider- able lower cost. He also thought that 4th street being a highway the State could be asked for participa- tion of cost similar to Dodge Street. RESOLUTION NO. 8262 WHEREAS, proposed plans and specifications and form of contract for the construction of City of Dubuque 1962 Concrete Paving with Intregal Curb, Project No. 1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all 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 Special Session, April 16, 1962 135 described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED 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 ao- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted, and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 61-62 WHEREAS, proposed plans, spec. ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Concrete Paving with Integral Curb Project No. 1. 1. Fourteenth Street and Loras Boulevard from the west prop- erty line of White street to the west property line of Locust St. 2. Fourth Street from the west property line of White street to the east property line of Bluff street. 3. James Street from the south property line of Third street to the north property line of Woot- en street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use fund. Bonds shall be issued and sold in I ;f- Special Session, April 16, 1962 anttrmattnr of drferred payments j w astessmentF when a contract has neer perto^nted and acrrpted and thf prnrtee& thereof used to pay tht rnntrartor The railway portion of ani street or assessment district %bah be assessed to and paid by :bf railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vole: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 83.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 61.62 which was duly passed by this Council, for the construction of City of Dubuque 1962 Concrete Paving with Integral Curb, Project No. 1 be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition 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 the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the sante or are adjacent thereto, according to the area thereof and in proportion to I the special benefits conferred, and any deficiency will be paid out of the Road Use funds of the city. Payment will be made to the con- tractor out of funds realized from the sale of bonds or Street Im- provement bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its pay,sage and adoption by the City Council. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Council recessed at 10:30 p.m. Council reconvened at 10:40 p.m. ORDINANCE NO. 19.62 An Ordinance accepting the Con- veyance of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of High- land Farm in the City of Du- buque, Iowa and establishing the same as a public street, pre- sented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Coun- Special Session, April 16, 1962 137 Gilman Horgan. Carried by the following Vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas 1layor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 19.62 An Ordinance Accepting the Conveyance of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot I of Highland Farm In the City of Dubuque, Iowa and Establishing the Same as a Public Street. WHEREAS, the City of Du- buque needs the following de- scribed property: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm In the City of Dubuque. Iowa, according to plat dated March 21, 1962 prepared by City Engineer, City of Dubuque, Iowa for the purpose of extending Carter Road and; WHEREAS Cletus M. Nauman and Carolyn E. Nauman have con- veyed the hereinafter described real estate to the City of Dubuque, Iowa by Warranty Deed dated April 12, 1962 for Street Purposes: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF DUBUQUE, IOWA: Section 1. Conveyance by Cletus M. Nauman and Carolyn E. Nau- man to the City of Dubuque, Iowa, by warranty Deed dated April 12, 1962 of the following de- scribed real estate: I.ot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm In the City of Dubuque. Iowa, ac- cording to plat dated March 21, •1962 prepared by City Engineer of Dubuque, Iowa, be and the same is hereby accepted by the City of Dubuque. Iowa. Section 2. That said real estate described as follows: Lot 2 of I.ot 2 of I.ot 1 of I.ot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm to the City of Dubuque, Iowa, according to plat dated March 21, 1962, prepared by City Engineer of Dubuque. Iowa be and the same to hereby established as a public street and the same Is hereby dedicated to the public for street purpose, hereafter to be known and designated as Carter Hoad. Section 3. That the City Clerk be and he to hereby authorized and directed to record said Warranty Deed dated April 12, 1962, and Plat of said property dated March 21, 1962 prepared by City Engineer Of Dubuque. Iowa, and a certified COPY of this Ordinance In the of- fice of the County Recorder In and for Dubuque County, Iowa. Section 4. This Ordinance shall be 1n full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced this 16th day of April, 1962. Rule requiring reading on three separate days suspended by unanimous vote the Ifilh day of April, 1962. Passed by recorded roll call vote, adopted and approved this 16th (TRY of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT C1ty Clerk Published officially In the Tele- graph Herald newspaper this 20th day of April 1962. LEO F. FRO;,ibiELT City Clerk 1t. 4-20 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. ORDINANCE NO. 20.62 An Ordinance establishing the Voting Precinct for Certain An- nexed Territory to the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 20.62 AN THE VOTING PRECINCT FOR CERTAIN ANNEXED TERRITORY To THE CITY OF DUBUQUE.IOWA: WHEREAS, the City Council of etition Dubuque. Iowa, ulIppOn the George Jeckllln PlazaNo.Addiec Jecklin, ane nexed certain territory to the City of Dubuque, lows; and N%,IIEREAS. a Voting Precinct should be provided for certain anuWeed terrltory 133 Special Session, April 16, 1962 NOW THEREFbRE BE iT OR- DANED CITY COUNCIL OFT THE BCITY EOF DUBUQUE, IOWA: Section 1. That said certain an- nexed territory be and the same Is hereby established as part of the 2nd Voting Precinct of the City of Dubuque and said territory Is described as follows, to -wit: Lots 1 and 2, Block 1 In "Plaza 20" in the City of Dubuque, Iowa. Lot 1 and Lot 2 of the Subdi- vision of Lot I of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot I of George Jecklin Farm, In the County of Dubuque, Iowa: Lot 2 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot I of Lot 1 of George Jecklin Farm In Dubuque County, Iowa, and partly in the City of Dubuque, Iowa. Passed, adopted and approved this 16th day of April, 1962. LOUTS SCHALLER, Mayor JOHN P. SCTTRF.TBER, PFTT,-R J. TAKOS, JAMES J. KEAN ROBERT J. HORGAN, Councilmen Attest: Leo F. Frommelt, City Clerk Published officially In the Tele- graph -Herald Newspaper this 20th day of Anrll 1962. LEO F. FROMMELT It 4-20 City Clerk Councilman Schreiber moved the adoption of the Ordinance. Sec. onded by Councilman Horgan. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kes. Nays—None. ORDINANCE NO. 21.62 An Ordinance Establishing the Voting Precinct for Certain An- nexed Territory to the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kos. Nays—None. ORDINANCE NO. 21.62 AN ORDINANCE ESTABLISH- ING THF VOTING PRECINCT FOR CERTAIN ANNEXED TERRITORY TO THE CITY OF DTTBTTOTTF„ IOWA: WHEREAS, the City Council of Dubuque. Iowa, upon the pe- tition of Westchester, Inc. and Iowa District East of The Luth. eran Church -Missouri Synod, an- nexed certain territory to the City of Dubuque, Iowa, and, WHEREAS, a Voting Precinct should be provided for certain an- nexed territory. NOW THF.RFFORR BE IT OR- DATNED BY THE CiTY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That said certain an- nexed territory be and the same In hereby established as part of the 16th Voting Precinct of the City of Dubuque and said ter- ritory is described as follows, to - wit: Lots 1, E, S. 4 and 6 of Block 6, Lots 1, 2 and 2 of Block 4, Block E, Foothill Road and Key Way, all In Westchester. Passed, adopted and approved this 16th day of April, 1962. Louie Schaller, Mayor John P. Schreiber Peter J. Takos James J. Kean Robert J. Horgan Councilmen Attest: Leo F. Frommelt, City Clerk Published officially In the Tele- graph Herald newspaper this 20tt day of April, 1962. Leo F. Frommelt, It. 4-20 City Clark Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 22.62 An Ordinance Establishing the Voting Precinct for Certain An- nexed Territory to the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded Spacial Session, April 16, 1962 139 by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 22-62 AN ORDiNANCE ESTABLiSH- 1NG THE VOTING PRECINCT FOR CERTAIN ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA: WHEREAS, the City Council of Dubuque. Iowa, upon the peti- tion of Seven -Up Bottling Com- pany of Dubuque and E. M. Tisch- hauser and Mabel E. Tlschhaus- er, annexed certain territory to the City of Dubuque, Iowa; and, WHEREAS, a Voting Precinct should be provided for certain an- nexed territory. NOW THEREFORE BE iT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That said certain an- nexed territory be and the same is hereby established as part of the 16th Voting Precinct of the City of Dubuque and said ter- ritory is described as follows, to - wit: Lot 1 of 1 of 2 of "Bonson Farm Subdivision" in Section 27, Twp. 89 N. Range 2 East of 6th P.M. Lot 1 of Subdivision of C o r - rection Plat of Lot 2 of Lot 1 of Let 2 of Bonaon Farm Sub- division; and Lot 2 of Subdivision of Correc- tion Plat of Mineral Lot 248: each In Section 27, Twp. 89 N. Range 2 East of bth P.M. Passed, adopted and approved this 16th day of April, 1962. Louis Schaller, Mayor John P. Schreiber, Peter J. Takos James J. Kean Robert J. Morgan Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Tele- graph Herald newspaper this 20th day of April, 1962. Leo F. Frommelt, City Clerk Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Iiorgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 23.62 Ali Ordinance Establishing the Voting Precinct for Certain An- nexed Territory to the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol. lowing vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. ORDINANCE NO. 23.62 AN ORDINANCE ESTABLISH- ING THE VOTING PRECINCT FOR CERTAIN ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA: WHEREAS, the City Council of Dubuque, Iowa, upon the petition of Clarence J. Arlen, Dolores M. Arlen, Louisa Brown, Raymond J. Idndecker and Eleanor Lindecker and Paul D. Johansen and Elfrida M. Johansen, annexed certain ter- ritory to the City of Dubuque, Iowa; and, WHEREAS, a Voting Precinct should be provided for certain an- nexed territory. NOW THEREFORE BE IT OR- DAiNED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said certain an- nexed territory be and the same is hereby established as part of the 16th Voting Precinct of the City of Dubuque and said terri- tory Is described as follows, to - wit: Beginning at the N. W. Cor- poration line 33.0 feet East and 1320.0 feet North of the S. W. corner of Section 15, Twp. 89 N. Range 2 East of the 5th P.M. thence west 1300.0 feet to the east right of way line of Ronson Road, thence south 6 degrees 15 min- utes west to the north line of the Asbury Road, thence south 69 degrees 16 ininutes east along the north right of way line of Asbury Road to the east line of Lot 3, John P. Mettels Sub. No. 2, thence N. 24 degrees 55 minutes east 20.0 feet, thence east 378.0 feet, thence north 575.0 feet, thence west 223.72 feet, thence north feet,3 thence lln north 600,nce Wesl 0 feet, thence east 468.6 feet, thence of north 225 f re tpartci moint ularly beginning, described as: Lot 2 tt lof f sof M.L. 45' Lond t I 451 f 1 of 1 of 1 of hI.I.. 452 all in Section 16, Dubuque Twp.; Lot 2 of Lot 2 of W% of NE and Lot 1 of Lot 1 of NEI of NEb6 in Section t ion and Du- buque Twp; Johnthe Westerly P. threeacres rSub. Not 1. 2; Lot 2 of Lot 2, John P. Met - tel -a Sub. No. 2; and Lot 4 of ! of 1, Highland Farm, the 5th PW+r',. 89 N, R. 2 E. of 140 Special Session, April 16, 1962 Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HOROAN Councilmen Attest: LEO F. FROMMELT City Clerk Published officially In the Tele- graph Herald newspaper this 20th day of ApNI 1962. NO F. FROMMELT City Clerk It. 4-20 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 2462 An Ordinance Vacating Portion of Lewis Street, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos, Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kes. Nays—None. ORDINANCE NO, 24.62 AN ORDINANCE VACATING PORTION OF LEWIS STREET WHEREAS, Harold L. Moldt, Jr. has petitioned the City Council of Dubuque, Iowa, to vacatea por- tion of Lewis Street which shall hereinafter be described as Lot 16 Schaffner's Lot 6 "A" In Brewery Addition, I both in the City of Dubuque, Iowa; and WHEREAS, Dubuque Planning and Zoning Commission has recom- mended to the City Council of Du- buque, Iowa, the vacation of that tob rtion of e known and Street designateditas hereinabove net forth, and Lewis StreetSrequested to be vthat the iacaon t- ed Is not detrimental to the ublle and same should be vacated to the Public Interest. FORE 13H IT OR- D INHD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, I0WA1 Section 1. That the portion of Lewis Street hereinafter to be des- I�nated and described as Lot 16 A" In Schaffner's Subdivision and Lot 6 "A" In Brewery Addition, each In the City of Dubuque, Iowa, be and the same Is hereby vacated. Section 2. That the Mayor and City Clerk be and they are hereby authorised and directed to execute the plat of the hereinabove describ- ed real estate, which plat has been prepared by Bartels, McMahan & LeMny Engineeringg Co, dated April 16, 1962, and the My Clerk be and he is hereby authorised and direct- ed to file said plat and a certified copy of this Ordinance In the office of the County Recorder In and for Dubuque County, Iowa. Section S. This nrdinnnce shall be In full force and effect from and after Its final passage, adop- tion and publication as by Iaw pro- vided. Introduced the 16th day of April, 1962. Rule requiring reading on three separate days suspended by unani- mous vote the 16th day of April, 1962. Passed by recorded roll call vete, adopted and a82proved this 16th day of April, 19. LOUISSCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HOROAN Councilmen Attest: LEO F. FROMMELT, City Clerk Published officially in The Tele- graph -Herald newspaper this 20th day of April 1962. LEO F. FROMMELT, it. 4/20 City Clerk Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 84-62 WHEREAS, Harold L. Moldt, Jr. has made a written offer to the City of Dubuque, Iowa, to purchase Lot 16 "A" in Schaffner's Subdi- vision and Lot 6 "A" in Brewery Addition, both in the City of Du- buque, Iowa, for the sum of One Hundred ($100.00) Dollars, and in addition to pay the costs of pub- lication; and WHEREAS, the City of Du- buque, Iowa, proposes to sell said real estate to Harold L. Moldt, Jr. for the sum of $100.00 plus costs of publication and that no abstract of title will be furnished the said Harold L. Moldt, Jr. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of the interest of the City of Du- Special Session, April 16, 1962 141 buque, Iowa, in and to Lot 16 "A" in Schaffner's Subdivision and Lot 6 "A" in Brewery Addition, both in the City of Dubuque, Iowa, be and the same is hereby approved. Section 2. That the 14th day of May, 1962, at 7:30 o'clock P.M. in the City Council Chamber, in the City Hall, in the City of Dubuque, Iowa, be and the same is hereby fixed as the time and place of hearing upon the proposal to con- vey the real estate hereinabove de- scribed to Harold L. Moldt, Jr. Section 3. That the City Clerk be and he is hereby directed to publish notice of the time and place of hearing to consider the proposal to dispose of the here- inabove described real estate as is by law provided. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution sub- ject to receipt of written offer of $100. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Mayor Schaller left the Council Chamber at 11 P.M. Councilman Kean moved that Councilman Ta- kos be appointed Presiding officer Pro Tem for the remainder of the meeting. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas — Councilman Horgan, Kean, Schreiber. Councilman Ta- kos not voting. Absent—Mayor Schaller. Iowa Natural Resources Council April 2, 1962 The Honorable Louis Schaller, Mayor City of Dubuque Dear Mayor Schaller: Enclosed is a letter containing the comments of the Iowa Natural Resources Council on Behalf of the State of Iowa, concerning a Corps of Engineers Review Report for Flood Control at Urban Areas along the Mississippi River from Hampton, Illinois, to Cassville, Wisconsin. It is anticipated that this letter will be included in the report which will be submitted to the Congress for their considera- tion. Very truly yours, Othie R. McMurry Director Aprll 3, 1962 Walter K. Wilson, Jr. Lieutenant General, USA Chief of Engineers Department of the Army Washington 25, D.C. Dear General Wilson: The Iowa Natural Resources Council acting under the authority of Chapter 455A, Code of Iowa 1958, as amended, and by designa- tion of the Govtrnor of Iowa, sub- mits the following comments for the State of Iowa on your report on Interim Review Report for Flood Control at Urban Areas along the Mississippi River from Hampton, Illinois, to Cassville, Wisconsin, dated December 1, 1960, and sub- mitted to the Council on January 22, 1962, in accordance with Sec- tion I of Public Law 534, 78th Con- gress, and Public Law 35824. The following comments are based on the knowledge of the Iowa Natural Resources Council, review of the subject report, a public hearing held on March 30, 1962, contacts with interested Fed- eral agencies, state departments, and local agencies, and investiga- tion of the affected areas. 1. The Iowa Natural Resources Council concurs in the view ex- pressed in the report that a serious flood problem exists on the Missis- sippi River at Dubuque, Iowa; 2. The Resources Council finds that the project recommended for construction at Dubuque, Iowa, is adequately designed and will pro- vide a desirable degree of flood protection for the City of Dubuque. 3. The Iowa State Department of Public Health has stated that at the City of Dubuque the proposed di. version of the Dodge Street storm sewer into Moore's mill slough will cause an industrial waste now discharging directly into the river to be discharged into the slough 142 Special Session, April 16, 1962 and that the discharge of this ma- terial might cause a nuisance con- dition to develop in Moore's mill slough. It is recommended that during the preparation of final plans for the Dubuque project, that final plans be coordinated with the City of Dubuque so that this waste material can be discharged through or over the flood control levee if such measures are found to be necessary or advisable; 4. The State Conservation Com- mission has stated that it has no objection to the proposed project the project is that it will increase at Dubuque and in general favors flood protection to recreation facil- ities; 5. The State Highway Commis- sion has stated that it has no objec- tion to the proposed project at Du- buque. The Commission further states that any expenditures in- curred incident to the levee con- struction through the approach span of the Julien Dubuque high- way bridge should be assumed by the sponsors of the project at no cost to the primary highway fund. In conclusion the Iowa Natural Resources Council concurs in your recommendations contained in the subject report and recommends the construction of the proposed flood protection works for Dubuque, Iowa, and submits the foregoing views on behalf of the State of Iowa and recommends that the re- port be favorably submitted to Con- gress for authorization. FOR THE IOWA NATURAL RESOURCES COUNCIL Very truly yours, Othie R. McMurry Director Councilman Schreiber m o v e d that the communication be made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Communication of S. Tabak com. plimenting the Council in approv. ing the preliminary program for redevelopment in urban renewal, presented and read. Presiding Of- ficer Pro Tem Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote. Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Communication of Haight Davis & Haight Inc., Consulting Actu- aries, submitting the actuarial and financial analysis of the Police & Fire Retirement Systems as of December 31, 1961, presented and read. Councilman Schreiber moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Communication of Home Build- ers Assn. of Dubuque stating that they have an active builder in their organization who has offered his services to serve on the Plan- ning & Zoning Commission, to fill the existing vacancy, presented and read. Councilman Schreiber moved that the communication be referred to the Council for con- sideration. Seconded by Presiding Officer Pro Tem Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of George and Agnes Theis and thirteen other property holders objecting to the erection Of a water stand pipe on the prop- erty at the intersection of Gay and Muscatine Streets. In order to make a recommenda- tion in regard to the petition, the engineering firm, Consoer, Town- send & Associates, was commis- sioned to investigate, layout, cal- culate requirements, make pre- liminary estimates for three sites and recommend the most suitable site. Special Session, April 16, 1982 143 The sites investigated were: 1. Water Department property at Gay and Muscatine Streets. 2. The southeasterly corner of the Recreation Playground abutting Putnam Street. 3. The north easterly corner of the Recreation Playground abutting Putnam Street. Consoer, Townsend & Associates recommended the selection of the Water Department property be- cause construction of a tank at this site would be approximately $23,- 000 less expensive than either of the locations on the recreation property. If it is found necessary to install an ornamented tank on the Water Department site, as opposed to an unornamented tank proposed for the recreation area sites, the saving in cost of construction on the Water Department property would s t i 11 be the substantial amount of $13,000. Further, the proposal for the use of recreation land was brought before the Recreation Commission. On April 10th five commissioners viewed the sites. After study they went on record as being opposed to the location of a water tank on the Gay playground. Mr. Sut- ton's letter of April 13th stating the commission's position is at- tached. On October 24, 1938, a portion of Charles Street was vacated and conveyed to the City for Water Department purposes. By 1940 the City had accumulated and pur- chased all the property that con- stitutes the present site. This loca- tion was selected for water storage purposes because of its high ele- vation and it has held since the 1940 date for that purpose. It is intended to construct on the site an attractive water tank and Pumping station, and after consi- dering all the factors involved, your staff has instructed the en- gineers to proceed with the design for this location. We request your concurrence in this decision. Respectfully, Gilbert D. Chavenelle City Manager Councilman Kean moved con- currence in the City Manager's decision. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean. Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policy and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor. SIDEWALK John W. Byrne, American Surety Co. of N.Y. Hillcrest Builders, Inc., U.S. Fidel- ity & Guaranty Co. EXCAVATION Fondell & Sons, Inc., Policy No. ML 255024, U.S. Fidelity & Guar- anty Co. Respectfully submitted, Gilbert D. Chavenelle City Manager. Councilman Schreiber moved that filing of the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 13, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Paul R. Banks, 515 Strauss Street requesting re- zoning of Lots 305 and 306 Davis Farm Addition to Local Business District "B" has been read by the Planning and Zoning Commission. This property is located at 30th & Central and the present classifi- cation was set some years ago after long deliberation. The Planning and Zoning Com- mission recommends denial of this petition. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary 1 } Special Session, April 16, 1962 Councilman Schreiber m o v e d that the recommendation of the Planning and Zoning Commission be approved. Seconded by Presid- ing Officer Pro Tem Takos. Carried by the following vole: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 13, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Charlotte M. Mc- Inerney, 1915 Pierce Street regard- ing sale of property on Pierce Street has been considered by the Planning & Zoning Commission. The Commission examined the area and find no public need for this property and does not object to the sale of same. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber m o v e d that the communication be referred to the City Solicitor for proper proceedings. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 13, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Charles Davis regarding sale of city owned prop- erty on Kane Street has been con- sidered by the Planning & Zoning Commission. The Commission examined the area and find no public need for this property and does not object to the sale of same. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be referred to the City Solicitor for proper proceedings. Seconded by Council- man Horgan. Carried by the follow. ing vote: Yeas—Presiding Officer Pro Tem Takos, Councilme^ Schreiber. Nays—None. Absent—Mayor Horgan, Kean, Schaller. April 13, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Fay & Calista Steger requesting rezoning of cer- tain areas to Local Business Dis- trict "A" has been considered by the Planning and Zoning Commis- sion. This area is adjacent on the cast to a very desirable residential area, to the west is a used auto parts business of considerable size, to the south the area is already zoned for business use along Dodge Street. The zoning to Local Business Dis- trict "A" would confine the uses and would be a buffer against the residential section. The Planning & Zoning Commis- sion recommends granting the peti- tion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved approval of the recommendation and that same be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Hor- gan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Notice of claim of Mrs. Stella Banfield, in an unnamed amount, for personal injuries received in a fall on an icy sidewalk at 331 W. 4th Street on March 14, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Hor- gan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Notice of suit of Dorothy C. Brown, in the amount of $15,000., for personal injuries received in a fall on a sidewalk at 36 Locust Street on May 24, 196, presented Special Session, April 16, 1962 145 and read. Councilman Schreiber moved that the Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Notice of Suit of Ann C. Duscher vs. City of Dubuque for $2500. and Park Board for $2500. for personal injuries received in a fall on a side- walk at Washington Park on Janu. ary 13, 1962, presented and read. Councilman Schreiber moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 Hon. Mayor & City Council Gentlemen: On February 13, 1962, Marilyn Broman, a minor child filed a claim against the City of Dubuque by and through her mother, Joan Broman, claiming damages as a result of a fall on a public walk, whereupon an accumulation of ice and snow was situated on the north east side of Fulton School, which alleged accident occurred on January 26, 1962. I have conferred with Mrs. Joan Broman who has made an offer of settlement in the amount of $90.00, and I recommend acceptance of said offer, and I recommend that the City Auditor be instructed to draw a warrant in the amount of $90.00 payable to Joan Broman, mother and natural guardian of Marilyn Broman, minor, and Joan Broman individually and to deliver the same upon receipt of a duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber m o v e d that the recommendation of the City Attorney be approved and the Auditor instructed to issue a warrant in the amount of $90.00, payable to Joan Broman, mother and natural guardian of Marilyn Broman, minor, and Joan Broman individually and deliver the same upon receipt of a duly executed re- lease. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 Hon. Mayor & City Council Gentlemen: On March 5, 1962, Merlin L. Doerr of 630 Lorimer St., Dubuque. Iowa, filed claim for damages to his vehicle as a result of striking a rock on a public street at the foot of Sullivan Street on Febru- ary 30, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque, and therefore recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 Hon. Mayor & City Council Gentlemen: On January 30, 1962, Carl H. Thomas, 446 Kaufmann Ave., Du. buque, Iowa. filed claim in the amount of $18.00 as a result of striking an alleged prArtially open- ed manhole cover in the 500 block on Kaufmann Avenue, which inci- dent allegedly occurred on Janu. ary 22, 1962. 1 have made an investigation of this matter and find no action- able negligence on the part of the City and therefore recommend denial of said claim. 146 Special Session, April 16, 1962 Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 Hon. Mayor & City Council Gentlemen: On March 26, 1962, Charles A. Block, Route #2, Middle Road, Du- buque, Iowa, filed claim of dam- ages to his vehicle against the City of Dubuque allegedly suffered as a result of striking a manhole cover at Lemon & Stoltz Sts. on January 19, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 Hon. Mayor & City Council Gentlemen: On March 19, 1962, Richard Vonk of 501 First Ave., East, Newton, Iowa, filed claim against the City of Dubuque, claiming damages to his vehicle as a result of alleged defective street near manhole cov. er on Pierce St. at Quigley Lane in the City of Dubuque, which ac- cident allegedly occurred on March 18, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote. Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 Hon. Mayor & City Council Gentlemen: On February 16, 1962, Cletus P. Close of 357h Kaufmann Ave., Dubuque, Iowa, filed claim for $20.00 for damages against the City of Dubuque, allegedly suffer- ed to his car by reason of striking an alleged defect in the street at 305 Kaufmann Avenue on Febru- ary 12, 1962. 1 have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. April 16, 1962 Hon. Mayor & City Council Gentlemen: On March 29, 1962, Mr. Patrick Donald McDermott, 20 West 18th St., Dubuque, Iowa, filed claim for damages against the City of Du- buque in the amount of $16.09 for damages allegedly suffered to his vehicle in the alley between 8th and 9th St., between Main and Iowa Sts., as a result of striking a man- hole cover on March 28, 1962. 1 have made an investigation of this matter and find that if any negligence exists with respects to Special Session, April 16, 1962 147 said manhole cover, said negli- gence is chargeable to Mr. James Yiannias, owner of the abutting property, which said manhole serves and any claim is assertable against said abutting property owner by the claimant herein. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the report of the City Attorney be approved. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Petition of Peoples Natural Gas requesting permission to excavate in Cox (10 year) street, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Presiding Officer Pro Tem Takos. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Petition of Roshek's requesting Permission to erect banners from their building across Locust Street and across 8th Avenue in connec- tion with their 68th anniversary sale, presented and read. Council- man Schreiber moved that the peti- tion be denied. Seconded by Pre- siding Officer Pro Tem Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Petition of D. L. Kelleher et al (2903 signers) requesting that the following proposition be submitted at a general, municipal or special election "Shall the proposition tc establish a Municipal Court in the City of Dubuque, Iowa, be adopt ed?" presented and read. Presiding Officer Pro Tem moved that the petition be referred to the City Solicitor for investigation and prop er proceedings. Seconded by Coun Gilman Schreiber. Carried by tht following vote: Yeas — Presiding Officer Pro rem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Petition of National Tea Com- pany requesting vacation of Heeb street in the area abutting the Company's property at 20th & Cen- tral Avenue, presented and read. Presiding Officer Pro Tem Takos moved that the petition be referre8 to the Planning & Zoning Commis- sion. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Petition of Loras Beadle Plumb- ing & Heating Co. requesting per- mission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Presiding Officer Pro Tem Takos. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Petition of Schlueter Insurance Agency requesting release of a sidewalk construction bond issued in behalf of J. J. Ward, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Petition of Walter A. Pregler requesting consideration in cor- recting the speeding problem on Shiras Avenue, presented and read. Presiding Officer Pro Tem moved that the petition be referred to the City Manager and Traffic De- partment for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. 148 Slx,cial Seainn, April 16, 1982 April 13, 1962 To the Honorable Mayor and City Council Gentlemen: con- sideration submitted for your rof sideration is subdivision Plat Blocks 3 & 4 Carter Ridge Addi- tion. This subdivision is located at Carter and Kane and is the sec- ond section of Carter Ridge. This plat has been approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secy. Councilman Schreiber moved that the communication be receiv- ed and filed. Seconded by Presid- ing Officer Pro Tem Takos. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Communication of attorney Rob- ert M. Bertsch submitting a reso. lution for the approval of Blocks 3 & 4 in Carter Ridge Addn. re- questing adoption of same, pre- sented and read. Presiding Officer Pro Tem Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan. Kean, Schreiber. Nays—None. Absent—Mayor Schaller. RESOLUTION NO. 85.62 RESOLUTION APPROVING THE PLAT OF THE SUBDIVISION OF BLOCK 3 AND BLOCK 4 IN "CARTER RIDGE ADDITION" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Block 3 and Block 4 in "Carter Ridge Addition' in the City of Dubuque, Iowa, by NICHOLAS J. KOPP and ESTHER F. KOPP; and, WHEREAS, upon said plat ap- pear casements which the owners upon said plat have dedicated to the public forever; and, WHEREAS, said plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances re- lating thereto, and that the grades have not been established or the street graded, or the surfacing, sewer and water mains installed; AND WHEREAS, KANE STREET, as the same appears upon said plat, is being dedicated to the public forever; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of KANE STREET, together with easements as the same appear for public utilities upon said plat, be and the same is hereby accepted; Section 2. That the plat of the Subdivision of Block 3 and Block 4 in "Carter Ridge Addition" in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, pro- vided the owners of said property, hereinafter named, execute their he written acceptance reto attached, agreeing: (a) To reduce KANE STREET to grade as shown by the profile submitted with the plat; (b) To surface KANE STREET as the same appears on said plat for a width of thirty (30) feet from curb to curb with six -and. one-quarter (6%) inch thick con- crete pavement with integral curb, all in accordance with the City of Dubuque standard spec- ifications for concrete streets; (c) To install water mains in ac- cordance with the plans sub- mitted with said plat; (d) To install sanitary sewers in accordance with the plans sub. mitted with said plat; (e) To install sanitary sewer and water house laterals for each lot from the main to the street property line; (f) To construct sidewalks; (g) To construct the foregoing im- provements in accordance with the plans and specifications ap- proved by the City Manager under the inspection of the City Engineer and in the man- ner approved by the City Man- ager; (h) To maintain said street, curb and sidewalk improvements for Special Session, April 16, 1962 IT a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer and water main for a period of four (4) years from the date of their acceptance; (i) That NICHOLAS J. KOPP and ESTHER F. KOPP, as owners of said Subdivision, secure the performance of the foregoing terms and conditions by provid- ing security in an amount not less than ten (10h0 per cent of the costs of said pavement, curb and sidewalk, with such sureties as may be acceptable to the City Manager, and said security shall be for a period of not less than four (4) years from the date of acceptance of said improvements by the City Council; (j) That upon completion of the pavement and curb, and the ac- ceptance of the same by the City Council, said pavement and curb shall become public pave- ment and curb under the exclu- sive charge and control of the City of Dubuque and its free use as such shall not be inter. fered with by the grantees or their successors, or assigns; (k) To construct said improve- ments on or before April 1, 1963. (1) To construct sidewalks on or before April 1, 1964. Section 3. That the authority granted herein shall terminate on May 15, 1962, unless the terms and conditions are accepted in writing by the grantees prior to that date. PASSED, ADOPTED and AP- PROVED by unanimous recorded roll call this 16th day of April, A.D., 1962. PETER J. TAKOS Presiding Officer Pro Tem JOHN P. SCHREIBER JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk This is to certify that the recur ity provided by the foregoint RESOLUTION NO. 85-62 has beer provided by the owners. Dated at Dubuque, Iowa, thi 15th day of May, A.D., 1962. Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 85-62 NICHOLAS J. KOPP and EST - HER F. KOPP, being familiar with the terms and conditions of the foregoing RESOLUTION NO. 85-62, hereby accept the same and agree to perform the conditions required of them therein. Dated at Dubuque, Iowa, this 3rd day of May, A.D., 1962. NICHOLAS J. KOPP ESTHF.R F. KOPP Councilman Schreiber moved the adoption of the resolution. Second- ed by Presiding Officer Pro Tem Takos. Carried by the following vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. RESOLUTION NO. 86-62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Herbert F. Bisping, 1401 Elm Street Carl N. Brant, 2600 Central Avenue Richard D. Lonergan, 500 Rhom- berg Avenue William J. Baum, 521 East 22nd Street Dubuque Baseball, Inc., East 4th Street CLASS "C" BEER PERMIT Earl J. McNamara, 1046 University Avenue William J. Lynn, 424 West Locust Street Passed, adopted roved this 16th day of April, 1962. PETER J. TAKOS Presiding Officer Pro Tem JOHN P. SCHREIBER JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. F OMMIELT, Spacial Session, April 16. 1962 Presiding Officer Pro Tem Takos moved the adoption of the resolu- tion. Seconded by Councilman Schreiber. Carried by the following vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. RESOLUTION NO. 87.62 WHEREAS, applications for Beer Permits were filed by the with in named applicants and they have received the approval of this Council; WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Name Address Herbert F. Bisping, 1401 Elm Street Carl N. Brant, 2600 Central Avenue Richard D. Lonergan, 500 Rhom- berg Avenue William J. Baum, 521 East 22nd Street Dubuque Baseball, Inc., East 4th Street CLASS "C "BEER PERMIT Earl J. McNamara, 1046 University Avenue William J. Lynn, 424 West Locust Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 16th day of April, 1962. PETER J. TAKOS Presiding Officer Pro Tem JOHN P. SCHREIBER JAMES J. KEAN ROBERT J. IiORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Presiding Officer Pro Tem Takos moved the adoption of the reso- lution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. Presiding Officer Pro Tem Takos moved that N. J. Greteman be reap. pointed to the Police & Fire Re- tirement Board for a four year term from 4-1-62 to 4-1-66. Second- ed by Councilman Horgan. Carried by the following vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Abstnt—Mayor Schaller. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas — Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays—None. Absent—Mayor Schaller. LEO F. FROMMELT, City Clerk Approved .... UCtOb� r . ?.....1962. Adopted ......00tObeT`...8)...�11962. �z city Clerk Regular Session. 'May 7, 1962 151 CITY COUNCIL', OFFICIAL Regular Session, May 7, 1962. Council met at 7:30 p.m. Present — Councilmen Horgan, Kean, Schreiber, Takos. City Man- ager Gilbert D. Chavenelle. Absent—Mayor Schaller. Councilman Takos moved that Councilman Schreiber be appointed Presiding Officer Pro Tem during the absence of Mayor Schaller. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Councilmen Horgan, Kean, Takos. Nays—None. Councilman Schreiber not voting. Presiding O f f i c e r Pro Tem Schreiber read the call and stated that this is the regular monthly meeting of the City Council for tht purpose of acting upon such business as may properly come before the council. A proclamation on Armed Forces Day proclaiming Thursday May 17, 1962 as Armed Forces Day in the community and requesting the sup- port of all citizens, presented and read. Councilman Takos moved that the proclamation be received and filed. Seconded by Presiding Of- ficer Pro Tem Schreiber. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schreiber, Councilmen H o r g a n, Kean, Takos. Nays—None. Absent—Mayor Schaller. A proclamation of National Po- lice Week proclaiming the week of May 13th through May 19th, 1962 as National Police Week recog- nizing the responsibility of the law enforcement officers and pay- ing tribute to the men and women in our police service, presented and read. Councilman Takos moved that the proclamation be received and filed. Seconded by Presiding Officer Pro Tem Schreiber. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Schreiber, Councilmen H o r g a n, Kean, Takos. Nays—None. Absent—Mayor Schaller. PROCLAMATION WHEREAS, Citizens of Dubuque have been hurt, maimed or killed in auto accidents, and WHEREAS, it is known that con- certed citizen action can reduce this needless loss of life, and WHEREAS, The American Vet- erans of World War 11, in National Convention in 1961, did adopt a Resolution calling for effective highway safety, and since conven- tion, all levels of their organization have carried forward a continuing program toward the following ob- jectives: 1. To encourage all states to adopt and maintain a statewide motor vehicle inspection code conforming with recommended national uniform standards. 2. To encourage all states to con- sider the necessity of main- taining m i n i m u m physical standards for drivers through periodic physical examinations, and 3. To encourage greater public acceptance and utilization of automobile safety belts as a life saving device, and WHEREAS, the National Com- mander of the AMVETS, Edwin P. Fifielski, did, during the week of March 26th, bring to the attention of Dubuque citizens and officials, their safety campaign and its ob- jectives. Therefore, the City Coun- cil of the City of Dubuque, Iowa, on this 7th day of May, does pro- claim its whole -hearted support of the safety objectives sought by the American Veterans of World War 11 Organization. Presiding Officer Pro Tem JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Councilman Takos moved that the proclamation be received and made a matter of record. Seconded by Presiding Officer Pro Tem Schreiber. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schreiber, Councilmen H o r g a n, Kean, Takos. Nays—None. Absent—Mayor Schaller. Communication of American Surety Company of New York re- voking Power of Attorney for M. 152 11vai lar Session, May 7, 1962 P. Hogan, dated August 11, 1960 and in lieu thereof issuing Power of Attorney for M. P. Hogan and Gertrude Wersinger to execute bonds not to exceed $300,000.00 presented and re Of- ficer Pro Tem Schreiber lng O movd that the power of Attorney be re- ceived and filed. Seconded by Coun- cilman Kean. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Schreiber, Councilmen H o r g a n, Kean, Takos. Nays—None. Absent—Mayor Schaller. MAYOR SCHALLER ENTERED THE COUNCIL CHAMBER AND TOOK HIS PLACE AT THE COUNCIL TABLE AT 7:40 P.M. Communication of Iowa Munici. pal Finance Officers Association extending an invitation to attend a Finance Officer's meeting in Des Moines on May 17th and 18th, pre- sented and r e a d. Councilman Schreiber moved that the commun- ication be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horian, K e a n, Schreiber, Takos. Nays—None. May 7, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and bonds and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: EXCAVATION Clemens -Smith Construction, Inc., Policy No. CL 862345, Bitumin- ous Casualty Corporation. R.R. #1, Peosta, Iowa. HEATING Herbert F. Hanselmann, Roger F. Hanselmann and Harry Williams d/b/a Hanselmann Brothers and Company, American Casualty Company. Curtis -Straub Company, Central Surety and Ins. Co. SIDEWALK Thos. Flynn Coal Company, Fed. eral Insurance Company. John P. Welter Sons, Western Surety Company. Oliver Kringle, Western Surety Company. Clark E. Manahl, Western Surety Company. Willy Construction Company, The Fidelity and Casualty Co. Andrew J. Richard d/b/a Richard Construction co, Hawkeye-Se- curity Ins. Co. Respectfully submitted, Gilbert D. Chavenelle City Manager. Councilman Schreiber moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. To the Honorable Mayor and City Council Gentlemen: You have referred to your staff, a petition of Mrs. A. H. Eilers which requested, in part, street lighting in the 29th Street—Law- ther area. This area has been investigated and it is recommended that street lights be placed at: Lawther and 29th Street inter- section. Mid -block location on Lawther Street. Balke and Lawther Streets in- tersection. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. April 23, 1962 To the Honorable Mayor and City Council Gentlemen: It is recommended that a street light be placed at the intersection of Burlington and Putnam Streets. This location is adjacent to a playground and the lighting is needed. Respectfully submitted, Gilbert D. Chavenelle City Manager Regiilar Session, May 7, 1962 153 Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. April 14, 1982 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department and City Water Works for the month of March, as well as a list of claims and payrolls for which war- rants were issued for the month of March, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the reports be received and filed. Secended by Councilman Ta- kas. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Proof of Publication, certified, to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dur- ing the month of March 1962, pre- sented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. February 16, 1962 To the Honorable Mayor and City Council Gentlemen: I hereby submit a plat of Rigi Subdivision and Mineral Lot 172 and recommend that Lots 2 of 1 of Rigi Sub. and Lot 2 of 6 of 12 Of Mineral Lot 172, as shown on the plat, be sold to the Hartig Drug Company. I further suggest that the matter be referred to the City Solicitor for proper proceedings. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Schaller moved approval ?f the plat. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. May 3, 1962 To the Honorable Mayor and City Council Gentlemen: On March 7th you referred to the City Manager the proposed purchase of the sale of city land at the corner of Delhi Street and Grandview Avenue by the Hartig Drug Company f,:r the purpose of negotiating the terms of the sale. I recommend that the offer of Mr. David Hartig of the Hartig Drug Company be accepted and that title of Lots 2 of 1 of Rigi Subdivision and Lot 2 of Lot 6 of l,ot 12 of Mineral Lot 172 be trans- ferred to the Hartig Drug Com- pany. I recommend that the sale be subject to the following condi- ,ions which the purchaser has agreed to: 1. That no building will be erected upon the property to be conveyed and that any building on Lot 1 of 6 of 12 of Mineral Lot 172 be kept at least four feet west of the cast line of this lot. 2. That any erection of a building on Lot 1 of 6 of 12 of Mineral Lot 172 zi)AI be kept fifteen feet north of the north property line of Delhi Street. 3. That no vehicles will be allowed t) park in a fifteen foot strip from the west line of North Grand- ,,eVI Avenue to the west line of l.ot i of 6 of 12 of Mineral Lot 172. 4. That any exit from the parking tot on Grandview Avenue should he kept far enough north of Delhi Strut so as not to interfere in any way with the intersection. Further, the purchaser has agreed to close the present drive- way off Delhi Street to Lot 1 of 6.12 of Mineral Lot 172 and to a no parking restriction on the north Ade of Delhi Street from North Grandview Avenue west to the rest property line of Lot 1 of 6 ,•f 12 of Mineral Lot 172. Although the purchaser has agreed to these latter conditions, these conditions should be not 154 Regular Session, May 7, 1962 binding on the City for all future ' time, but rather should be made subject to change by the City as the corner is developed and traf- fic requirements changed. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved and that proper proceedings be drawn. Sec- onded by Councilman Kean. Car- ried by the following vote: yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. May 3, 1962 To the Honorable Mayor and City Council Gentlemen: At your meeting on March 7th, you referred to the City Solicitor and myself, the petition of My -Cap Vendors, Inc. requesting a refund on the unexpired balance of the cigarette license issued in behalf of Dorothy Heinen. The petition stated that Dorothy Heinen had left town and they were unable to find the cigarette license in order to turn it in for the refund. Since Cigarette License #307 issued on November 7th, 1961, to My -Cap Vendors, Inc. for Dorothy Heinen, 2730 Dodge Street, and My -Cap Vendors paid the fee of $75.00 and same is evidenced by a City Treasurer's Cigarette Receipt #5030, My -Cap Vendors would be entitled to the refund of $25.00. f recommend that you approve the refund requested by the petitioner. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Schreiber in ov e d that the recommendation of the City Manager be approved and the Auditor instructed to issue a war- rant in the amount of $25. payable to My -Cap Vendors, Inc, to cover the amount due on the unexpired portion of cigarette License No. 307. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. personal injuries received in a fall on an icy sidewalk at 22nd & Jack- son Street on January 23, 1961, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Cather. ine Burns, in an un -named amount, for personal injuries received in a fall on an icy sidewalk at 855 Main Street on February 25, 1962, presented and read. Councilman Schreiber moved the the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Norman J. Kormann, in the amount of $85.00, for car damage incurred as the result of striking a fire hydrant at the corner of Grandview and Southern Avenue, on April 2, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mary L. Whyte, in the amount of $5000.. for personal injuries received in a fall on an icy sidewalk at 998 Kirkwood on March 14, 1962, pre. sented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schalle?, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. I Notice of chel, in the Notice of claim of Ervin Auderer, car damage in the amount of $10,000, for of striking claim of Larry Whel- amount of $30.56, for incurred as the result holes in the railroad Regtllar Session, May 7, 1962_ 155 20th & Rhomberg Ave- I ORDINANCE NO. 17.62 crossing at nue on March 30, 1962, presented An Ordinance Amending Ordin- and read. Councilman Schreiber ance No. 3-34 known as the Zoning that the notice of claim Map and Zoning Ordinance of the moved be referred to the City Solicitor City of Dubuque by Changing the for investigation and report. Se- Zoning Classification of City Lots by Mayor Schaller. Car- 587, 588, 589 and 590, from Multi. conded rigid by the following vote: ple Family Residence District Yeas—Mayor Schaller, Council Classfication to Business District Horgan, K e a n, Schreiber, Classification, said Ordinance hav- men ing been previously presented and Takos. read at the Council meeting of Nays—None. April 2, 1962, presented for final Notice of claim of Mrs. Earl Adoption. (Mildred) Kaufman, in the amount 4 ORDINANCE NO. 17-84 of $135. for personal injuries re- rdn- diE n knAmending Ordinance ceived in a fall while crossing nsn a ing Map and Zoning Ordinance of Booth and University on March the City of Dubu�fi�e by changtng the Zoning Classtflcation of City 5. 1962, presented and read. Coun- the Lots 687, 688. 689 and 690, from Gilman Schreiber moved that Multiple Family Residenon District Classification Business District notice of claim be referred to the City Solicitor for investigation and to Clasetficaton. Be It Ordained by the City Coun- report. Seconded by Mayor Schal- cil of the City of Dubuque; Section 1. That the Zoning Map ler. Carried by the following vote: and the Zoning Ordinance of the Yeas—Mayor Schaller. Council- nan a Nou3-34ebknown a d the same men Horgan, K e a n, Schreiber, is hereby amended and changed by changing the zoning Classification Takos. of City Lots 687. 688, lin and 690 Nays—None. from Multiple Residence District Classification to Business District Notice of claim of Eugene K. Sand, in the amount of $15.00, for Classification. 2. This Ordinance shall be in nal force and effect from car damage incurred as the result and after its final passage. adop- of stiking holes in Dodge Street tion and publication as by law Provided. on April 25, 1962, presented and Introduced the 2nd day of April, read. Councilman Schreiber moved that the notice of claim be referred 1962. Rule requiring reading on three separate days, suspended by unant- to the City Solicitor for investiga- , mous vote te 2nd day of April, tion and report. Seconded by Mayor Passed by recorded roll call vote, adopted and approved this 7th day Schaller. Carried by the following of May, 1962. vote: LOUIS SCHALLER Mayor Yeas—Mayor Schaller, Council- JOHN P. SCHREIBER men Horgan, Kean, Schreiber, PETER J. TAKOS JAMES J. KEAN Takos. Robert J. Horgan Conncllmen Nays—None. Proof of Publication, certified to Attest: Leo F. Frommelt b the Publisher, of Notice of Y city Clerk Published officially in The Tele - public hearing to consider rezon- graph -Herald newspaper this loth ing of City Lots 587, 588, 589 and day of May 1962.. F. Frommelt 590 from Multiple Family to Busi- city clerk ness District Classification, pre- 1 t. 6/lo 1tincilman Schreiber moved rented and read. the adoption of the Ordinance. Se - No written objections were filed conded by Mayor Schaller. Carried and no objectors were present in by the following vote: the Council Chamber at the time yeas—Mayor Schaller, Council - set for the public hearing. men Horgan, Kean, Schreiber, Councilman Schreiber moved Takos. that the proof of publication be Nays—None. received and filed. Seconded by ORDINANCE NO. 25-62 t Councilman Kean. Carried by the An Ordinance Granting Holy following vote: Trinity Lutheran Church the Yeas—Mayor Schaller, Council- Right rust a Sanitary tin north of men Horgan, Kean, Schreiber, Sewer the all Delhi Street from Grandview Takos. Avenue to University Avenue Nays—None. 156 =liar Session, May i. 16163 _ --,-- and providing the terms and conditions thereof, presented and read. Councilman Schreiber in o that the reading just had con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow ing vote: Yeas—Mayor Schaller, Council- men challerCouncil- men Horgan, K e a n, Takos. Nays—None. Councilman Schreiber m o v e d that the rules be suspended re- quiring an Ordinance tobe read on three separate days. by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. -ORDINANCE NO. 25.62 An Ordinance granting Holy Trinity Lutheran Church the riht to seconstruct Sanitary wer 1n the alley ,4orth of Delhi street from Grandview Avenue to University Avenue and pro- viding the terms and conditions thereof. BCITY COUNCIL OF THE CITIT ORDAINED BY Y OF DUBUQUE, IOWA: section 1. That the Holy Trin- ity Lutheran Church is hereby granted the right to construct an eight Inch (s") vitrified tile pipe sanitary sewer to the alley North of Delhi street from Grandview Avenue to the existing sanitary, sewer in University Avenue upon the following terms and conditions:) (A) That grantee agrees to con struct said sewer within one: year from the date of the adoption of this Ordinance and DDay the entire cost thereofl lncluding the coat of restoring. tlae surface of the street. i (B) That said newer shall be con= structed in accordance witht� Elan approved by the State Department of Health and the City Manager under the super-, vision and direction of the'. City Manager and City Engl-, neer. (C) That grantee will enter Into a contract for the eonstructioul of said sewer with a qualified'. contractor which contractor' among other things will con-' taln a clause requiring the contractor to obtain all neces- sary peemits required by the! City of Dubuque or any other governmental agency, a clause, obligating the contractorand his bondsmen to keep Bald' sewer In good repair for a period of not lees than four yeare from the date of the, acceptance of the work, an a clause requiring the con tractor to furnish a auret bond with the City of Du buqqus named as one of thel obllgees, guaranteeing t In e' faithful performance of said, oontraot, (D) That upon completion of said, sewer and the acceptance of the same by the City Council said sewer shall l,ncome a' public sewer under the exclu- sive charge and control of the City of hnbuque and its free use as such shall not be inter - tarred with by grantee or his succossors or assigns. Section 2. That the authority granted herein shall terminate on eptember 5, 1962 unless the terms and conditions of this Ordinance are accepted in writing by the grantee prior to that date. Section 8. After said sewer has been completed and the total cost thereof has been paid by grantee, thegrantee herein shall file with the City Council a certified state. ment showing In detall all amounts paid out by him In connection with the constructi,m of said sewer, In- cluding engineering fees and the cost of restoring the surface of the street. Thereafter, any person or persons desiring to connect with, lsaid sewer except the grantee herein, shall first apply to the City Manager for permission to to Ido and such permisalon shall bei granted upon condition that the' applicant pay to the City Treasur- er, for the account of tlae grantee herein, a connection charge In an atnount which will be fixed by Resolution of the City Cotmcn at the time of the acceptance of the said sewer. However, such con- neetton charge shall not be exacted for any extension of Bald sewer by the City of Dubuque or its per- mittees. Se, -tion 4. This Ordinance shall be In full force and effect from and after Its final passage, adop- tion and publication as provided by law. Passed, adopted and approved this 7th day of May 1962. LOUIS SCHALI.ER Mayor. :OHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen ATTEST: I.eo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCI[ NO. 25 - 62 Holy Trinity Inatheran Church, having full knowledge and under- standing of all the terms and con- ditions of Ordinance No. 25 - 68 hereby accept the same as passed and agree to comply with all the terms and conditions thereof. Accepted this 21st day of May 1962. 1DLDHN J. WILKIDR President Published officially in The Tele- graph -Herald newspaper this 24th day of May 1962. LEO F. FROMM>dVlerk• it. 5/'24 Councilman Schreiber m o v e d the adoption of the Ordinance. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Scllallel., Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Regular Session, May 7, 1962 157 ORDINANCE NO. 4661 An Ordinance Amending the Zoning Map and Zoning Ordi- nance No. 3-34 by Changing Lot 2 of 1 of Prysi Farm; Lot 2 of 2 ofIofIof 1 o 1 o 1 o 1of 1 of 1 of the Correction Plat of Frysi Farm and Mineral I.ot 166; Lot 1 of 2 of 1 of 1 of 1 Of 1 of 1 of 1 of 1 of 1 of the Correc- tion Plat of Prysi Farm and Mineral Lot 166 to Local Busi- ness District "A" classification and Lot 2 of Sub. of Lot 1 of 1 of West Gate to Local Busi- ness District "A" classification except that part of said Lot 2 of Lot 1 of 1 of West Gate ad- jacent to Dodge street and pres- ently zoned as Business District, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the fol- lowing vote: Yeas-3layor Schaller, Cuuncil- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that a public hearing be held on the Ordinance on June 4, 1962, at 7:30 o'clock P.M., Daylight Sav- ing Time, in the Council Chamber at the City Hall and the Clerk be instructed to publish notice of same as required by law. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 27-62 An Ordinance establishing a grade on Alpha Avenue from Illi nois Avenue to the south property line of Pennsylvania Avenue, pre- sented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- nien Horgan, Kean, Schreiber, Ta- kn<. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring n Ordinance to be read on three :separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. :Nays—None. ORDINANCE NO. 27-62 An Ordinance establishing a grade on Alpha Avenue from Ini- nols Avenue to the south property line of Pennsylvania Avenue. BE IT ORDAINED BY T H E CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Al - Avenue to the south propertyha Avenue fromiinois line of Penn- sylvania Avenue Is hereby estab- lished and adopted as shown on Profile No. 1686. Bench mark: point of arrow on fire hydrant at north- west corner of Alpha and Illinois Avenue. Elevation 818.28. Said grade begins at the existing curb' on Illinois Avenue which Is sta- tion 0-47.86 with east curb ele- vation 816.87 and station 0}48.16 with west curb elevation 816.99: thence to station 0 -76 which is P.V.C.1 6with west curb elevation evation 818.26; thence to station 1}00 elevatiohich n 919.26 and west curb eleb vatton 819.46: thence to station 1}26 which is P.V.T. with east and west curb elevation 820.64; thence to Is P.V.C. with t etast ion and 0westiccurb elevation 821.88; thence to station and 0 west curb elevation 822.70: Lestn0tccPOT witheaad westu b elevation easthence cbels 808.90 and west curb elevation 809.61 which is the south property line of Pennsylvania Avenue. Section 2. This Ordinance shall be in medlstely11Upon itsfinalfect Im- ps""e and adoption and publication as provided by law. and approved Passed, adopted, this 7t dayofSCLU f LL LouisEVt mor JOHN P. SCHREIBER PETER J. TAKOS JAMBES J. KEAN ROBERT J. HOC OAN u icn ilmen ATTEST: Leo F. Frommelt City Clerk Published officially ihe 10th Tels- graph-Herald newspaper day of May, Lso F. Frommelt City Clerk It 6/10 Regular Session, May 7, 1962n 158 Councilman Schreiber moved ' Sec- this day of May, as82.approved the adoption of the ordinance. I Louse Schaller onded by Councilman Takos. Car. MAYOR John P. Schreiber by the following vote: Peter J. Takos ried Yeas—Mayor Schaller, Council- James J . Kean Robert J. Horgan men Horgan, Kean, Schreiber, Ta COUNCILMEN kos. Attest: Leo F. Frommelt Nays—None. NO. 28.62 City Clerk Published officially In the Tele - this 10th ORDINANCE establishing a ph -Herald newspaper May,2622. An Ordinance grade on Carter Road from the sy of Frommelt City Clerk property line of Kane Street it 6/10 north to a point 600 feet north, present- Councilman Schreiber moved ed and read. Schreiber moved Itic adoption of the Ordinance. Councilman the reading just had be con- Seconded by Councilman Takos. that the first reading of the Carried by the following vote: sidered Ordinance.Seconded by Council- Ycas—Mayor Schaller, Council- man Takos. Carried by the follow- men Horgan, Kean, Schreiber, Ta. ing vote: kos. Yeas—Mayor Schaller, Council- Nays—None. men Horgan, Kean, Schreiber, Ta- ORDINANCE NO. 29.62 kos. An Ordinance establishing a Nays—None. grade on Cottage Place from the Councilman Schreiber moved east property line of Abbott Street that the rules be suspended to the east property line of Lot adre- thg an Ordinance read 77 of Pleasant View Addition, pre - . ec on separate days. Seconded seated and read. bythree by Councilman Takos. Carried by Councilman Schreiber moved the following vote: Yeas—Mayor Schaller, Council. that the reading just had be con- men Horgan, Kean, Schreiber, Ta- sidered the first reading of the kos. Ordinance. Seconded by Council. Nays—None. man Takos. Carried by the follow - ORDINANCE NO. 28.62 in-, vote: An Ordinance establishing a Yeas—Mayor Schaller, Council - grade on Carter Road from the property line of Kane Street Schreiber Ta - men Horan,, Kean, to a point 600 feet north. to BE IT ORDAINED BY THE CITY k05. COUNCIL OF THE CITY OF Nays—None. DUBUQUE, IOWA: Section 1. That a grade on Car- ter Road from the north property line of Kane Street to a point 600 that the rules be suspended re - feet north 1s hereby established Ull'ln an Ol'dlnanCC to be read Q g and adopted as shown on Profile No. 1676: Bench mark: point of ar- Onth `ee separate days. Seconded row on fire hydrant at the south- ;,y Councilman Takos. Carried by east corner of Kane Street and Carter Road. Elevation 862.36. the following vote: Said grade begins at the north property line of Kane Yeas—Mayor Schaller, Council - street which Is station 0+09 men Horgan, Kean. Schreiber, Ta - with east and West curb ele- vation 866.90: thence to ata- kos. tion 04-50 which Is Y.V.C. with east and west curb elevation Nays—None. 852.65: thence to station 1+00 which is P.V,f, with east and west curb elevation 849.24 ORDINANCE NO. 29-62 ORDINANCEa thence to station 1+60 which InP.V.T. and P.V.C. with east An estab29-6 grade on Cottage Place from the Abbott and went curb elevation 844.90: thence to station 2+00 which east property line of Street to the east property line of in P.V.I, with east and west curb elevation 840.81: thence to Lot 77 of Pleasant View Addition. I BE IT ORDAINED BY T H E station 2+50 which is P.V.T. CITY COUNCIL OF THE CITY with east and west curb eleva• I OF DUBUQUE, IOWA: tion 887.80: thence to station Section 1. That a grade on of - 6+00 with east and west curb tags Place from the east property elevation 819.80 which Is the line of Abbott street to the east point 600 feet north of the property tine of Lot 77 of Pies -ant north property line of Kane street. View Addition is hereby estab- as shown on Section 2. This Ordinance shall be in full force and effect Imme- Ilehed and adopted Profile No. 1664. Bench mark: point Of arrow on fire hydrant at north- dlstely upon Its final t,assage and adoption and publication as east corner of Abbott street and 793.26. pro. vlded by lar Cottage Placa. ?dlevation ilegi lar Session. May 7, 1962 159 Said grade begins at the east prop- ich tet station 0+00 with Street line f Abbott nnrth land south curb elevation of 790.68: thence to station 04-40 which is with north and soutti ele -atl nof 798. 8:thence to sta- tion 0465 which is P.V.I. with north anti south 794.30:thence to relevation station 0490 which is P.V.T. with north a n d Lott station 1{ -on 60 1 whi 9h ] is tP V.I. with north and south curb eleva- tion 76 owith2 northhence and s0u 2}thtation curb elevation of 788.25: thence to sta- tion w�Ol with Woodworth estradlnorth curb elevation of 787.64 and south curb elevation of 785.66: commencing ich isfrom sraadii or Woodwation 3+65.32 orth theeast Street with north curb elevation of 786.98 and south curb elevation of 784.88: thence to station 4+00 with north 788.25: and thence to to r ti on Of station6+00 which is P.V.C. with north an d south curb elevation of 786.76: thence to station 64-50 which is P.V.I. with north and mouth curb elevation of 786.68: thence to sta- tion 6}o0 which is P.V.T. with north and south curb elevation of 786.00: thence to station 6+80 with north and south curb elevation of 784.40 which to the east property line of Lot 77 of Pleasant View Addition. Section 2. This Ordinance shall be in full force and effect im- mediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 7th day of May 1962. LOUIS SCIULER Mayor JOHN P. SCHREiBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HOROAN Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially to The Tele- graph -Herald Newspaper this 10th day of May, 1962. Leo F. Frommelt City Clerk 1 t. 5/10 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vole: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 30.62 An Ordinance establishing a grade on Cummins Street from the south property line of Loras Bou- levard to a point 1137 feet south, Presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Tdkos. Carried by the follow - in^ vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. :Nays --hone. Councilman Schreiber moved that the rules be suspended re- quiring a:l Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nay:;--. None. ORDINANCE NO. 30.62 An Ordinance establishing a grade on Cummins Street from the south property line of Loran Boule- vard to a point 197 feet south. BE IT ORDAINED BY T H E CiTY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Cum- mins Street from the south prop- erty line of Loras Boulevard to a point 187 feet south is hereby es- tablished and adopted as shown on Profile No. 1678. Bench mark: Point of arrow on fire hydrant north side of Loran Blvd. Oppo- site Cummins Street Intersection. I.levation 816.16. Said grade be- gins at station 0-00, the mouth property line of Loran Boulevard, which is P.V.C. with east curb elevation of 806.48 and west curb elevation of 808.44; thence to sta- tion 0+50 which is P.V.I. with east curb elevation of 808.16 and west curb elevation of 808.88: thence to station 1+00 which Is P.V.T. with east and west curb elevation of 808.88; thence to sta- tion 1+00 which Is P.V.T. with east and west curb elevation of 809.33: thence to station 1+36 which is P.V.C. with east and west curb elevation of 809.64: thence to station 14-85 which Is Y.V.I. with east curb elevation of 811.24 and west curb elevation of 811.14: thence to station 1+87 with east curb elevation of 811A8 and west curb elevation of 811.84 which 1s a point 187 feet south of t h a south property line of Loras Boulevard. Section 2. This Ordinance shall be in full force and effect Im- mediately upon Its final passage and adoption and publication as provided by law. Passed, adopted, and approved this 7th day of Mayy 1962. LOUIS SCHALLER Mayor JOHN P. SCHItEIBER PETER TAKOS JAMES J. KEAN ROBERT J. HOR4cU Councilmen nmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Talc - graph -Herald 962 newspaper this 10th day of May. 1 Leo F. Frommelt City Clerk 1 t. 5/10 t'uuncilman Schreiber moved the ;:doplioll t,i III,, ordinance. Sec 160 Regular Session, May 7, 1982 onded by Councilman Takos. Car. ried by the following vote: year -Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE N0. 3162 An Ordinance establishing a trade on Davenport Street from National Street to existing curb 95 feet south of the west property line of Primrose Street, presenter) and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 31.62 An Ordinance establishing a grade on Davenport street from National Street to existing curb 95 feet south of the west property Zine of Primrose Street. BE IT COUNCIL OF THE BY THE DUBUQUE, IOR'A: Section 1 That a grade on Dav- enport Street from National Street to the existing curl, 96 feet w,uth of the west property line of Prim- rose Street Is hereby established and adopted as shown on Profile No. 1667. Bench mark: point of ar- row on fire hydrant on the south west corner of Primrose and Dav- enport Street. Elevation 758.02. Said grade begins at station 0-23 with north curb elevation 753.63: thence to station 0+76 which Is P.V.I. with north curb elevation 768.98: thence to sta- tion 1+60 which is P.V.I with north elevation 756.82. South curb begins at station 0+00 which Is the east property line of National Street with south curb elevation 766.92: thence to station 04-60 which Is Y.V.I. with south curb elevation 764.48: thence to station 1+60 which Is P.V.I. with south ele- vatlon 765.82: thence to eta - Lion 4+42 which isexxsting curb 95 feet south of the west property I I n e of Primrose S4oet with north and south curb elevation 766.76. Section 2. This Ordinance shall be In fullforce and effect Imme- diately upon Its final ppassage and adoption and yublicatlon as pro- VIA.by law. �1 PeeM+d, ae"ted, sed approved this 7th dap of MRy, 1952, Louis Schaller MAYOR John P.8chretber Peter J. Takes James J. Kean Robert J. Horgan COUNCILMEN Attest: Leo F. Frommelt City Clerk Published officlRtly In the Tele. graph -Herald newspaper this 10th day of May, 11162. Lso F. Frommelt City Clerk 6/10 Councilman Schaller moved the :fdoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 32.62 An Ordinance establishing a grade on Grandview Extension from the north property line of Kane Street to the south property iine of West 32nd Street, presented and read. Councilman Schreiber moved that the reading just had he con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 32.62 Art Ordinance establishing a grade on Grandview Extensionof from the north property line Kane Street to the south propertY line of West 82nd Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOwA: section 1. That a grade on Grandview Extension from the north property line of Kane street to the south property line of west 82nd street 1■ hereby established turd adopted as shown on Proflle No. 1570. Bench mark: ppoint of arrow an fire hydrant at No. 1080 Kaue St. Elevation: 862.18. field Regular Session, May 7, 1962 161 grade begins at the north property Itne of bane Street which In qta- tlon 0+00 with east and went curb elevation 860.62: thence to station 0+60 which is P.V.C. with east and west curb elevation 861.6: thence to station 1+00 which is P.V.I. with east and west curb elevation 861.96: thence to station 1+6o which is P.1r.T. with east and west curb elevation 860.6: thence to station 2+87.6 which is P.V.C. with east and west curb elevation 864.60; thence to station 34-26 which Is P.V.I. with east and went curb elevation 852.26: thence to station 3+62.60 which Is P.V.T. with east and west curb 11+00 which Is Y.V.C. with east and west curb elevation 754.60: thence to station 12+00 which Is elevation 848.36; thence to station P.V.I. with east and west curb elevation 748.67; thence to station 13+00 which is P.V.T. with east and west curb elevation 737.00: :u -uce to station 21+50 which Is P.V.V. with east and west curb elevation 696.00: thence to station 23+00 which is P.V.I. with east and went curb elevation 691.67: thence to station 24+50 which Is II.V.T. with said and west curb elevation 693.00: thence to station 26+06.96 which is the south prop- erty line of West 82nd Street with east and west curb elevation 694.68. Section 2. Thin Ordinance shall he In full force and effect im- nlediately upon Its final passage and adoption and publication as provided by law. Passed, adopted and approved this 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HOROAN Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Tele- Kraph-Herald Newspaper this 10th day of May, 1962. Leo F. Frommelt City Clerk I t. 5/10 Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 33.62 An Ordinance establishing a Grade on Met- 'lain Street from the I outh property line of Wooten Street to a point 400 feet south- erly, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—'Mayor Schaller, Council. men lior an, Kean, Schreiber, Ta- kos. Nab & --None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos, Carried by the following vote: Yeas—;.Mayor Schaller, Council- men Horan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 33-62 An Ordinance establishing a grade on McClain Street from the south property line of Wooten Street to rr point 400 feet southerly. HE IT ORhAINED BY THE CITY COUNCIL OF THE CITY OF DI?BUQUE, IOWA: Section 1. That a grade on Mc- Clain Street from the south prop- erty line of Wooten Street to a point 400 feet southerly Is here- by established and adopted as shown on Profile No. 1571. Bench mark: point of arrow on fire hydrant southwest corner of Wooten and McClain Streets. Elevation 842.63. Said grade begins at the south property line of Wooten Street which In station 0+00 with east and west curb elevation of 839.40: thence to sta- tion 1+00 which Is P.V.I. with east and west curb elevation of 826.90; thence to station 1+50 which In P.V.C. with east and west curb elevation of 821.95: thence to sta- tion 14-75 which Is P.V.i. with east and west curb elevation 818.97: thence to station 2+00 which Is P V.T. with east and west curb elevatlou of 815.10: thence to sta- tion 3+40 which In P.V.C. with east and west curb elevation of 791.35; thence to station 3+65 which is P.V.I. with east and west curb elevation of 788.16: thence to station 3+90 which Is P.V.T. with east and west curb elevation of 787.10: thenceto station 4+00 with east and wont curb elevation of 787.10 which is the point 400 feet southerly from the south proper- ty line of Wooten Street. Section 2. This Ordinance shall be in full force and effect Imme- dlatelyy upon Its final ppassage and adopt ("i and publlcatlon as pro- vided by law. Passed, adopted, and approved this 7th day of May, 1962. Louis Schaller MAYOR John P. Schreiber Peter J. Talton James J. Kean Robert J. Horgan COUNCILMEN Attest: Leo F. Frommelt City Clerk Published officially In the Tele - dap 1962. -Hera d newspaper this lith r Leo F. Frommelt city Clerk it. 5/11 1610 Regular Session, May 7, 1962 onded by Councilman Takos. Car- ried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 31-62 An Ordinance establishing a trade on Davenport Street from National Street to existing curb 95 feet south of the west property line of Primrose Street, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 31.62 An Ordinance establishing a grade on Davenport Street from National Street to existing curb M feet south of the west property line of Primrose Street. BE IT ORDAINED BY THE CITY COUNCIL OE CITY OF DUBUQUE, IOWA Section 1. That a grade on Dav- enport Street from National Street to the existing curb 96 feet south of the west property line of Prim- rose Street is hereby established and adopted as shown on Profile No. 1667. Bench mark: point of ar- row on fire hydrant on the south west corner of Primrose and Dav- enport Street. Elevation 758.02. Said grade begins at station 0-23 with north curb elevation 763.68: thence to station 0+76 which Is P.V.I. with north curb elevation 768.98: thence to sta- tion 1+50 which to P.V.I with north elevation 765.82. South curb begins at station 0+00 which is the east property line of National Street with south curb elevation 7b6.92: thence to station 0+60 which is P.V.I. with south e u r b elevatloat 764.48: thence to statlon 1+60 which Is P.V.L with south ele- vation 765.32: thence to ata - thin 4+42 which in existing curb 96 feet south of the west property 1 I It It of Primrose Street with north and auuth curb elevatiun 766.76. Section 2. This Ordinance shall be In full force and effect Imme- dlately upon Its final PPaneage and adoption and publics, as pro - OA -d by law. 144ned1 adopted, and approved this 7th day of Louis Schaller MAYOR Jnhn P. Schreiber Peter J. Takos .lames J. Kean Robert J. Horgan COUNCILMEN Attest: Leo F. Frommelt City Clerk Published officially In the Tele - da of roral newwpaper this 10th Leo F. Frommelt City Clerk it. sne Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 32-62 An Ordinance establishing a grade on Grandview Extension from the north property line of K&ne Street to the south property line of West 32nd Street, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re. quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 32-62 An Ordinance establishing a grade on Grandview Extension from the north property line of Kane Street to the south property line of West 22nd Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Grandview Extension front the north property line of Kane Street to the south property line of West 22nd Street is hereby established and adopted as shown on Profile No. 1570. Bench mark: point of arrow on fire hydrant at No. 1080 Kane St. Elevation: 862.18. bald Repllar Session, May i, 1962 161 grade begins at the north property line of Kane Street which U sta- tion 0+00 with east and went curb elevation 860.62: thence to station 0+611 which is P.V.C. with east and west curb elevation 861.6: thence to station 1+00 which Is P.V.I, with sant and went curb elevation 861.96: thence to station 1+50 which 1s P.V.T. with east and west curb elevation 860.6: thence to station 2+87.6 which In P.V.C. with east and west curb elevation 664.60; thence to station 3+25 which is P.V.I. with east and west curb elevation 852.26: thence to station 34-62.50 which In P.V.T. with east and west curb 11+00 which is P.V.C. with east and west curb elevation 764.60: thence to station 12+00 which is elevation 848.36; thence to station P.V.I. with east and went curb elevation 743.67; thence to station 13+00 which is P.V.T. with east and went curb elevation 737.00: lueucn to station 21+60 which Is P.V.C. with east and west curb elevation 696.00: thence to station 23+00 which Is P.V.I. with east and west curb elevation 691.67: thence to station 24+60 which is P.V.T. with east and west curb elevation 693.00: thence to station 26+06.95 which Is the mouth prop- erty line of West 32nd Street with east and west curb elevation 694.68. Section 2. This Ordinance shall be in full force and effect Im- medlately upon Its final passage and adoption and publication as provided by law. Passed, adopted and approved this 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HOROAN Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele- graph -Herald Newnpaper this 10th day of May, 1962. Leo F. Frommelt City Clerk I t. 6!10 Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays --None. ORDINANCE NO. 33.62 An Ordinance establishing a Grade on McClain Street from the south property line of Wooten Street to a point 400 feet south- erly, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council man Takos. Carried by the follow- ing vote: Yeas—'Mayor Schaller, Council. men lloroan, Kean, Schreiber, Ta. kos. Na\ s—None. Councilman Schreiber moved that the rules be suspended re- quirin; an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 33-62 An Ordinance establishing a mrade on McClain Street from the south property line of Wooten Street to a point 400 feet southerly. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Mc- Clain Street from the south prop- erty line of Wooten Street to it point 400 feet southerly is here- by established and adopted as shown on Profile No. 1571. Bench mark: point of arrow on fire hydrant southwest corner of Wooten and McClain Streets. Elevation 842.63. Said grade begins at the south property line of Wooten Street which is station 0+00 with east and west curb elevation of 839.40: thence to sta- tion 1+00 which Is P.V.I. with east and west curb elevation of 826.90; thence to station 1+50 which is P.V.C. with east and west curb elevation of 821.95: thence to sta- tion 1+75 which Is P.V.I. with east and west curb elevation 818.97: thence to station 2+-00 which Is P V.T. with east and west curb elevation of 816.10: thence to sta- tion 3+40 which Is P.V.C. with east and went curb elevation of 791.35: thence to station 3.4-65 which Is P.V.I. with east and west curb elevation of 788.16: thence to station 3+90 which is P.V.T. with east and west curb elevation of 787.10: thence to station 4+00 with rant and west curb elevation of 78710 which is the point 400 feet southerly from the south proper- ty line of Wooten Street. Section 2. This Ordinance shall be in full force and effect imme- diately upon its final {passage and adoption and publication as pro- vided by law. Passed, adopted, and approved this 7th day of May, 1962. Louis Schaller MAYOR John P.Schreiber Peter J. Takos James J. Kean Robert J. Horgan COUNCILMEN Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph -Herald newspaper this 11th tiny of May, 1962. Leo F. Frommelt City Clerk it, 6/11 Regular Session, May 7, 1982 182 1 t•d and approved Councilman Schreiber moved the doby Second- ed Takos. Carr ed by ed e by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 3462 An Ordinance establishing a grade on Northview Drive from the north property line of Kane Street to a point 500 feet norther- ly, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 34.62 An Ordinance establishing a grade on Northview Drive from the north property line of Kane Street to a point 500 feet northerly. BE IT ORDAINED BY T H E CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. T h at a grade on Northview Drive from the north property line of Kane Street to a point 500 feet northerly is hereby established and adopted as shown on Profile No. 1568. Bench mark: point of arrow on fire hydrant at southwest corner of Tina Ridge and Kane Street. Elevation 597.58. Said grade begins at the north property line of Kane Street which Is station 0+00 with east and west curb elevation of 891.60: thence to station 2+00 which is 11.V.I. with east and west curb elevation of 887.23: thence to station 8+00 which Is P.V.C. with east and west curb elevation of 883.76: thence to station 4-00 which is Y.V.I. with east and west curb elevation of 877.44 thence to station 5+00, 600 feet north of the north property line of Kane Street, which Is P.V.T. with east and west curb elevation of 866.00. Section 2. This Ordinance shall be in full force and effect Im- mediately upon Its final pussage and adoption and publication as provided by law. I'asoetl, a( np t thio 7th day of \lay. 1962. LOUIS SCHALLER Nfayor JOH\ P. SCHREIBER r'ETER 1. TAKOS JAJfEj T. KEAN R1IBERT J. IiORun Imen ATTEST: Len F. Frommelt City ('IPrk Published officially in The Tele- graph -Herald newspaper this lith day of May. lyL62. eo F. Frommelt City Clerk it. 6/11 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 3562 An Ordinance establishing a grade on Primrose Street from the north property line of Muscatine Street to the south property line of Davenport Street, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kcs. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 35.62 An Ordinance establishing a grade on Primrose Street from the north property line of Muscatine Street to the south property line of Davenport Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That a grade on Primrose Street from the north property line of hluacatine Street to the south property line of Dav- ,nport Street Is hereby establish" and adopted an shown on Profile No. 1668. Bench mark: point of arrow on lire hydrunt southwest reof PrimroseDavenport StetEevatn 758.02I grade begins at the north prop- erty line of Muscatine Street which Regular Session, May 7, 1962 163 is station 0+ On with east and west rltatI"I1 0+1 I" which 785,75: �thence µhich is toe1'.V.l with east and west curb elevatl„n of 784.85: thence to station 04 40 which Is P.V.T, with east and weal curb elevatton 782.63: thence to station 1 4 26 which Is P.V.R. with east and west curb elevation Of 773.25: thence to station 1+50 wt and hichent curb elevatlonh ofas770.13: thence to station 1+75 which In P.V.T. with east and west curb elevatlon of 766.25: thence to sta- tion 2-07.6 which is P.V.C. with east and west curb elevation 760.76: thence to station 2+32.5 which Is P.V.I. with east and west curb eie- ,atlon 756.46: thence to station andeas west lch is p.V Tcurb els stk nit7fi6.38t ch Is thence to stati'+Ins cwif ii av- the south property enport Street with east and west curb elevatlon 756.36. Section 2. This tlydin ince shall be in full force and effect im- mediately upon its final pxs%age andadoption and publication as pr, .vided by law. and approvedPassed, adopted. this 7th LOUof 1IRN.f ISSCHALLER Mayor J TE! J. I NlFS J. KEAN ROBERT J. HORGA.�counc1i1111en ATTEST: Leo F. Frommelt City Clerk Published officiallyin the Tele- graph Herald newspaper this lith day of May 19 I?eo F Frommelt City Clerk it. 5/11 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta kos. Nays—None. ORDINANCE NO. 36.62 An Ordinance establishing a grade on Prysi street from the north property line of New Haven Street to the south property line of University Avenue, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- im� vote: Yeas—Mayor Schaller, Council- inen Horgan, Kean, Schreiber, Ta- ko ,, Nays—None. Councilman Schreiber moved that the rules be suspended re quiring an Ordinance to be read en three separate days. Seconder' by Councilman Takos. Carried W the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 36-62 An Ordinance establishing a grade on Prysi Street from the north property line of New Haven Street to the south property line of University Avenue. RE 1T ORDAINED BY T H E VITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That a grade on Prysl Street from the north prop- erty line of New Haven to t h e south property line of University Avenue is hereby adopted as shown on Profile No. 1666. Bench mark: uolnt of arrow on fire hydrant at No. 2688 New Haven Street. Ele- vation 809.92. Said grade begins at the north property line of N e w Haven Street which in station 0+00 with east curb elevation 808.85 and went curb elevation 808.24: thence to station 1+00 which is P.V.C. with east curb elevation 814.59 and west curb ele- vation 818.98: thence to station 1+50 which Is P.V.I. with east curb elevation 816.59 and weal curb elevation 816.96: thimce to station 2+00 which is P.V.T. with east curb elevation 816.69 and west curb elevation 816.96: thence to station 2+55 with east curb ele- vation 815.79 and west curb ele- vation 815.18which is the south property line of University Avenue. Section 2. This Ordinance shall be in full force and effect im- mediately upon its final passage and adoption and publleatlon sa provided by law. passed, day Of a 1962.nd LOUIS this LOUIS SCHALLER Mayor JOHN P. SCHREiBER ATER J. TAKOS SES J. KEAN ROBERT J. HORGnallmen ATTEST Leo F. Frommelt City Clerk Published officially in The Tele- graph -Herald newspaper this 11th day of May, 1962. Leo F. Frommelt City Clerk it. 5/11 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 9762 An Ordinance establishing a grade on Rockdale Road from the corporation line to the south Prop- erty line of Grandview Avenue, presented and read. Councilman Schreiber be con- sidered the reading just the first reading of the Ordinance. Seconded by ICA Regular Session, May 7, 1962 man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan. Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Iiorgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 37.62 An Ordinance establishing a grade on Rockdale Road from the corpropertyioline 1ne to the s of GrandviewAv ,nue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on hood oad from the corpora- tionline to the south propperty line of Grandview Avenue Is here- by established and adopted as vhown on Profile No. 1669. Bench mark: point of arrow on fire hy- drant at the corporation line. El- evation 768.74. Said grade begins at the corporation line which is station o+00 with east and west curb elevation 763.14: thence to station 1+50 which is P.V.C. with east and west curb elevation 768.4: thence to station 2+0o which is P.V.l. with east and west curb ele- vation 770.00; thence to station 2.1-50 which is P.V.T. with east and west curb elevation 771.5: thence to station 12+00 which Is P.V.I. with east and west curb elevation 797.10: thence to station 21+75 which Is P.V.C. with east ind west curb elevation 826.35- thence to station 23+00 which Is P.V.I. with east and west curb elevation 827.91: thence to sta- tion 23+73 which Is the south property line of Grandview Ave- nue with elevation 826.51. Section 2. This Ordinance shall be in full force and effect Imme- diately upon Its final passage and adoption and publication as pro- vided by law. Passed, adopted and approved this 7th day of May, 1962. Louis Schaller MAYOR John P. Schreiber Peter J. Takos James J. Kean Robert J. Horgan COUNCILMEN Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph -Herald newspaper this 11th day of May, 1962. Leo F. Frommelt City Clerk it. 6/11 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. ORDINANCE NO. 3842 111 Ordinance establishing a gr::cle on Sabula Street from the north property line of Muscatine street to the south property line of Davenport Street, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate clays. Seconded by Councilman Takos, Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 38-62 An Ordinance establishing a grade on Sabula Street from the north property line of Muscatine Street to the south property line of Davenport Street. BE IT ORDAINED BY T H E CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade of Sa- bina Street from the north prop- erty line of Muscatine Street to the south property line of Daven- port Street is hereby established and adopted as shown on Profile No. 1500. Bench mark: point of arrow on fire hydrant at north- east corner of Muscatine Street and Sabula Street. Elevation 774.9. Said grade begins at the north property line of Muscatine Street which is station o+oo with east and west curb elevation of 772.91: thence to station 2+60 with east and west curb elevation of 759.70 which Is the south property line of Davenport Street. Section 2. This Ordinance shall be in full force and effect im- mediately upon Its final passage and adoption and publication ss provided by law. Passed, adopted, and approved this 7th day of May. 1962. LOUIS SCHALLER Mayor JOHN P. S(,HRRIBER PETER J. TA KOS JAMES J. KEAN ROBERT J. HOR AN Councilmen ATTEST: Loo F. Frommelt City Clerk Published officially in The Tele- graph -Herald newspaper this lltb day of May, 19Leo F. Frommelt I it 6/ 11 City Clerk mom 00-001�— I Regular Session, May 7, 1962 185 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 39.62 An Ordinance establishing a grade on Samuel Street from the south property line of St. George Subdivision to the north property line of Southern Avenue, present- ed and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 39.62 An urdlnance establishing a grade on Samuel Street from the south property line of St. George Subdivision to the north property line of Southern Avenue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Sam- uel Street from the south properly line of St. George Subdivision to the north property line of South- ern Avenue Is hereby established and adopted as shown on Profile No. 1672. Bench mark: Point of arrow on fire hydrant at south side of Southern Avenue opposite Samuel Street Intersection. Eleva- ti0n 826.66. Said grade begins at the south property line of St. George Subdivision which Is sta- tion 0+00 and also I'A'A. wfth east and west curb elevation of 734.46: thence to station 0+50 which Is P.V.T. with east and west curt) elevation of 728.0: thence to station 1100 which is P.V.C. with Pant and west curb elevation 720.60: thence to station 1+28 which Is P.v.1. with east and west curb elevation 716.44: thence to station 1+50 which Is P V.T. with east and west curb elevation 711.76: thane to station 8+26 which is P.V.C. with east and west curb elevation of 676.70: thence to sta- tion 8+611 which is 1'.V.1. with east and went curb elevation 870.94: thence to station 3+76 which to P. V.T. with east and west curb elevation 870.00: thence to station 4+64 which to the north property line of Southern Avenue with east and west curb elevation 884.4. Section 2. This Ordinance shall be in full force and effect Im- mediately upon its final passage and adoption and publication as provided by law. Passed, adopted, and approved this 7th day of May, 1962 LOUIS SCHALLER Mayor Juts` P 9CHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LFA F. FROMMELT City Clerk Published officially in the Tele- graph Herald newspaper this 11th day of May 1962. LEO F. FROMMELT City Clerk 1t. 6/11 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 4062 An Ordinance establishing a grade on Shiras Avenue from the end of the existing curb to Eagle Point Park Entrance, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. ORDINANCE NO. 40-62 An Ordinance establishing n grade on Shiras Avenue from the end of existing orb to Eagle Point Park entrance. BE IT ORDAINED BY THE OFDUBUQUE COUNCIL O WA THE CITY Section 1. That a grade on Shiras Avenue from the end of the exist - 166 Regular Session, May 7, 1962 Ing curb to Eagle Point Park en- trance is hereby established and adopted as shown on Profile No. 1574. Bench mark: Point of arrow on fire hydrant at tI 2935 Shirae Avenue: elevation 712.92. Said grade begins at the end of the existing curb which is station t curb elevation n 00 it719.76: thence and �ts ostation 1. with east and which s elevation destcurbtion 814.97: h Is P station 60ic V.C. withea t andwestcurb elevation 761.60: thence to station ls+qt and west it curb elevation 763e2M1: thence to station 16+50 which Is P.V.T. with east and west curb elevation 768.00: thence to station 16+00 which is P.V.(' with east and west curb elevation 768.011: thence to atatlon 16+50 which Is P.V.I. with east and west curb elevation 771.13: thence to station 17+00 which is P.V.T. with east and we at curb elevation 776.60: thence to station 19-1-10.66 which is Eagle Point Park entrance with east and west curb elevation 796.50. Section 2. This Ordinance shall be In full force and effect immed- iately upon Its final passage and adoption and publication as pro- vided by law. Passed, adopted, and approved this 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Tele- graph Herald newspaper this lith day of May 1962. LEO F. FROMMELT City Clerk it. 6/11 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 41-62 Ari Ordinance establishing a garde on Sl. Joseph Street from the west property line of Gandolfo Street to the east property line of Collins Street, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos, Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 41-62 An Ordinance establishing a grade on St. Joseph Street from the West prop- erty line of Gandolfo Street to the east property line of Collins Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CrrY OF DUBUQUE, IOWA: Section 1. That a grade on St. Joseph Street from the west property line of Gandolfo Street to the east property line of Collins Street is hereby estab- lished and adopted as shown on Pro- file No. 1561. Bench mark: point of arrow on fire hydrant on the north- west corner of Gandolfo and St. Jo- seph Street. Elevation 828.51. Said grade begins at the west property line of Gandlofo Street which is station O? -00 ;v'tli east and west curb elevation of 823.75; thence to station 0+75 which is P.V.C. with east and west curb eleva- tion 818.50• thence to statim[ 1+00 which is �.V.I. with cast and west curb elevation 816.33; thence to station 1 f Z5 which is Y.V.T. with east and we t curb elevation 813.15; thence to station 2+15 with east and west curb ^levation 800.40 which is the cast prup- crty line of Collins Street. Section 2. This Ordinance shall be In full force and effect immediately upon Its final passageand adoption and publication as provided by law. P,..ssed, adopted, and approved this 7th day of May, 10 '2. LOUIS SCHALLER Mayor JOfiN P. SCHRFJBER PETER J. TAKOS .JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in The Telegraph - Herald newspaper this 11th day of MaY, 1962. Leo F. Frommelt City Clerk lt. 5'11 Councilman Schreiber moved the adoption of the resolution. Se- ed by Councilman Takos. Carried adoption of the Ordinance. Second - by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Regular Session, May 7, 1982 187 ORDINANCE NO. 42.62 Ali Ordinance Amending Ordi- nance No. 10.53 of City of Dubuque by Repealing Subsection (c) of Sec- tion 5 thereof pertaining to provi- sion thereof that no person shall li convicted thereunder except upon complaint of two or more persons of different households, (Dog Ordinance), presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta - kis. Nays—None. ORDINANCE NO. 42-e2 ORDiNANCp. AMENDING OR- DINANCE NO. 10-63 OF CITY OF I)I'BUtlt'E BY REPEALING SUBSECTION lcl OF SECTION 6 THEREOF PERTAINING TO PROVISION THEREOF THAT NO PERSON SHALL LIE(.'ON- VICTED THEREUNDER EX- CEPT UPON COMPLAINT OF TWO OF MORE PENtSONS OF DIFFERENT HOUSEHOLDS. NOW THEREFORE 13E 1T OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 10-69 of City of Dubuque, Iowa, be and the same is hereby amend- ed by repealing subsection (c) of Section 6 thereof. Passed, adopted and approved this 7th day of May A D., 1902. by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHHEIBI-At PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele- graph -Herald Newspaper this Ilth day of May, 1962. Leo F. Frommelt City Clerk it. G/11 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Disabled American Veterans requesting permission to sell Forget Me Nots on July 27th and 28th, presented and read. Councilman Schreiber moved that the petition be granted providing there are no conflicting dates. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-1liayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of National Multiple Sclerosis Society requesting per- mission to hold a house to house drive for funds during the week of May 20th to 27th, presented and read. Councilman Schreiber moved that the petition be granted. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Petition of Dubuque Dock Com- mission requesting a joint meeting of the Council, Conservation Socie- ty, bock Commission, City Manag- er and other interested persons to instigate a program for develop - Ing Moore's mill site into a recrea- tional area, presented and read. Councilman Horgan moved that tLe petition be referred to the City Manager to make the neces- st ry arrangements. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Takos moved that the roles be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Schreiber. Car- ried by the following vote: yeas—Mayol• Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. 188 Regular Session, May 7, 1962 Mr, Edward Maus addressed the Council relative to the proposed meeting on the Moore's Mill recre- ational site by stating that he was almost positive that a meeting could be arranged almost any. time. Petition of the Military Order of the Purple Heart Service Founda- tion requesting authorization for an eAhibit of antique and modern firearms and war equipment to be on public display for a few days within the next several months, preseuted and read. Mayor Schal- ler moved that the petition be re- ferred to the City Manager. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- ko,. Nays—None. Petition of Fraternal Order of Eagles requesting permission to hold a parade on Saturday A.M. May 12th with the Junior Drum & Bugle Corps, presented and read. Councilman Schreiber moved that the petition be granted and the Police Department notified. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Schlueter Insurance Agency requesting release of a heating contractor's bond issued to Kenneally Fuel & Heating Sheet Metal as they have discontinued business, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men IIorgan, Kean, Schreiber, Ta. kos. Nays—None. Petition of Wilbert H. Lange and Marie Engel requesting vaca- tion of an alley in Broadway Add., said alley runs to the edge of the bluff on the west side of Central Avenue between E. 26th & E. 27th Street, presented and read. Mayor Schaller moved that the petition be referred to the Planning & Zon. ing Commission. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Coates Insurance Agency requesting cancellation of a sidewalk construction bond is- sued to Thomas Flynn Coal Co. by Standard Accident Insurance Co. expiring April 30, 1962, as a new one has been issued by the Federal Insurance Co., presented and read. Councilman Kean moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Guy C. & Evelyn B. Byatt requesting that Lot 1 of 2 in Hyatt Place be rezoned from Single Family Residence to Multi- ple Residence District Classifica- tion, presented and read. Council- man Takos moved that the peti- tion be referred to the Planning & Rezoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 8862 WHEREAS, the City of Dubuque, Iowa, owns Lot 9 of Quigley's Sub- division of Out Lot 711 in the City of Dubuque, Iowa; and WHEREAS, Charlotte M. McIn- erney has made application to the City Council of Dubuque, Iowa, to purchase said real estate; and WHEREAS, the City of Dubuque desires to dispose of the real es- tate hereinabove described by sale to the highest bidder for cash, in- cluding cost of publication and that the bids therefor shall be sealed, with no abstract furnished by the City; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has made no ob. jections to the sale thereof. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, May 7, 1962 169 Section 1. That the City Clerk be and he is hereby ordered to publish notice of proposal to dis- pose of real estate and receipt of sealed bids therefor and that the date of hearing of said disposal of said real estate be and the same is fixed for the 4th day of June, 1962, at 7:30 o'clock P.M. (Day- light Saving Time) at the City Council Chamber in the City Hall in the City of Dubuque, Iowa. Passed, adopted and approved this 7th day of May, A.D. 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 89-62 WHEREAS, the City of Dubuque, Iowa, owns Lot 1 of 2 of Lot 163 in L. H. Langworthy's Addition in the City of Dubuque, Iowa, and also owns Lot 1 of Lot 163 in L. H. Langworthy's Addition in the City of Dubuque, Iowa; and WHEREAS, Charles and Doris Davis have made application to the City Council of Dubuque, Iowa, to purchase said real estate; and WHEREAS, the City of Dubuque desires to dispose of the real es- tate hereinabove described by sale to the highest bidder for cash, in- cluding cost of publication and that the bids therefor shall be sealed, with no abstract furnished by the City; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has made no ob- jections to the sale thereof. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby ordered to publish notice of proposal to dispose of real estate and receipt of sealed bids therefor and that the date of hearing of said disposal of said real estate be and the same is fixed for the 4th day of June, 1962, at 7:30 o'clock P.M. (Daylight Say. ing Time) at the City Council Chamber in the City Hall in the City of Dubuque, Iowa. Passed, adopted and approved this 7th day of May A.D. 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 9062 RESOLUTION REQUIRING ABUT- TING PROPERTY OWNERS TO MAKE SEWER AND WATER AND GAS CONNECTIONS. WHEREAS, the City Council has heretofore adopted Resolution No. 57.62, being the Resolution of Necessity for permanently improv- ing City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Surfacing Project No. 1, Sections I and II. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to May 27, 1962. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Reso- lution; Section 3. That in the event any such property owner shall fail or refuse to make such connection 1"0 Regi lar Session, May 7, 196.3 within the time set out in this Resolution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 91.62 RESOLUTION REQUIRING ABUT- TING PROPERTY OWNERS TO MAKE SEWER AND WATER AND GAS CONNECTIONS. WHEREAS, the City Council has heretofore adopted Resolution No. 53-62, being the Resolution of Necessity for permanently improv- ing City of Dubuque 1962 Bitumin- ous Concrete Surfacing Project No. 1. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to May 27, 1962. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connections with in the time set out in this Resolution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. April 30, 1962 Honorable Mayor and City Council Gentlemen: On April 14, 1962 the petition of qualified electors to submit the question of establishing a Munici- pal Court at a General Municipal Election or Special Election was referred to the City Attorney for investigation and report. Section 602.2 of the 1958 Code of Iowa provides that upon filing of a petition of not less than fifteen percent of the qualified electors, the Mayor shall by proclamation publish once a week for three consecutive weeks in two news- papers of general circulation pub- lished in said municipality, or in one newspaper if two not be pub- lished, submit the question of es- tablishing a municipal court at a general municipal or special elec- tion to be held at a time specified therein, which time shall be with- in two months after said petition is filed. Section 602.5 of the 1958 Code of Iowa provides that in municipal court districts having more than forty thousand inhabitants and lews than sixty thousand inhabitants, there shall be two municipal judges. Regular Session, May 7, 1962 Section 602.49 of the 1958 Code of Iowa, as amended by the Acts of the 59th Gtneral Assembly of Iowa provides that the annual sal- ary of each municipal .fudge shall be 8 statute themaximum ajudges salary of of th set the district district courts: Salaries for District Court Judg- es as established by the Acts of the 59th General Assembly of Iowa are fixed at $14,000.00 per year. Each municipal judge, therefore. would receive a salary of $11,200.00 per year or $22,- 400.00 total. Section 602.50 of the 1958 Code of Iowa provides that the City Council shall provide suitable place for holding court and such other rooms and offices as may be neces- Fary for the transaction of the busi- ness of the court. Section 602.50 of the 1958 Code of Iowa provides that cities having a population of fiftv thousand or over shall have power to erect a municipal court building and to purchase ground therefor, such building when constructed to be used for the housing of the munici- pal court and such other like pur. poses as the Council from time to time may by ordinance direct, in. eluding the housing and retention of persons charged with offenses against the laws of the City and State. Provided that no such grounds shall be purchased nor any building erected thtreon until the question has been submitted to the people at a regular or special elec- tion, and approved by a majority of the votes cast at such election vot- ing on said question. Section 602.53 of the 1958 Code of Iowa provides that such build- ing and grounds shall be financed and paid for in the same manner as jails and station houses. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the City Solicitor's report be made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. 171 RESOLUTION NO. 92.62 RESOLUTION SUBMITTING TO THE VOTERS OF CITY OF DU- BUQUE, IOWA THE PROPOSI- TION OF ESTABLISHING A MUNICIPAL COURT IN THE CITY OF DUBUQUE Whereas, a petition requesting the calling of an election on the proposition of establishing a mu- nicipal court has been filed with this council and has been duly ex- amined and found to be signed by qualified electors of said City in number equal to at least fifteen per cent of those who voted at the last regular municipal election in said City, and said petition has been found to be in all respects sufficient and in compliance with the provisions of Section 602.2 of the Code of Iowa; and Whereas, it is deemed advisable and necessary and for the best in- terests of said City that the pro- position referred to above be sub- mitted to the qualified voters of said City for their approval; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That at the Election to be held in said City of Dubuque on June 4. 1962, from 7:00 o'clock AM. until 8:00 o'clock P.M., Cen- tral Standard Time. or from 8:00 o'clock A.M. to 9:00 o'clock P.M., Daylight Saving Time, there shall be submitted to the qualified elec. tors of said City, to be by them voted upon, the proposition of es- tablishing a municipal court in the City of Dubuque, Iowa. Section 2. That at said election said proposition shall be submitted in the several voting precincts of said City as prescribed for regular elections in said City as delimited by ordinances numbered 7.52, 37- 56, 67-60, 54.61, 55-61, 20-62, 21.62, 22-62 and 23.62 of said City. The rolling places within the respective election precincts shall be as fol- lows: Voting Precincts Polling Places First Precinct—Bryant School, 1280 Rush Street. Second Precinct—Washington Jr. High School, 51 N. Grandview Avenue. 172 Regtilar Session, May 7, 1982 Third Precinct—Franklin School, 39 Bluff Street. Fourth Precinct — County Court House, 7th Street & Central Av. enue. Fifth Precinct — Lincoln School, 1101 West Fifth Street. Sixth Precinct — No. 4 Engine House, 1897 University Avenue. Seventh Precinct—City Hall, 13th Street & Central Avenue. Eighth Precinct--Cbamber of Com- merce, 9th & Locust Streets. Ninth Precinct -18th Street En- gine House. Tenth Precinct — Central School, 1500 Locust Street. Eleventh Precinct—St. Paul's Luth eran School, 2025 Jackson Street. Twelfth Precinct—Fulton School, 2540 Central Avenue. Thirteenth Precinct—Holy Ghost School, 2901 Central Avenue. Fourteenth Precinct — Audubon School, 535 Lincoln Avenue. Fifteenth Precinct —Marshall School, 1450 Rhomberg Avenue. Sixteenth Precinct—Irving School, 2535 Pennsylvania Avenue. Section 3. That voting machines shall be used for voting upon said proposition and that the City Clerk be and he is hereby authorized and instructed to cause ballots for voting on said proposition to be prepared in substantially the fol- lowing form in such size as will permit the same to be inserted in each voting machine: (Notice to Voters: For an affirm- ative vote on the question sub- mitted, pull down the lever above the word "Yes". For a negative vote pull down the lever above the word "No"). SHALL THE FOLLOWING PUBLIC MEASURE RF ADOPTED? Shall the City of Dubuque, Iowa establish a Municipal Court? YES NO Section 4. That the City Clerk shall have ballots for absent voters prepared to be used for voting on the aforesaid proposition on yellow paper in substantially the follow. ing form, with the facsimile signa. ture of the City Clerk on the back thereof: (Face of Ballot) (Notice to voters: For an af. firmative vote on the following proposition make a cross (X) mark in the square after the word "Yes." For n negative vote make a similar mark in the square following the word "No"). SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa establish a Municipal Court? (Back of Ballot) Official Ballot for Municipal Court Proposition Special Election Dubuque, Iowa ........................Precinct ......................... 1962 (Facsimile Signature) City Clerk Section S. That the Mayor Is hereby authorized, empowered and instructed to issue a proclamation and notice of the submission of said proposition at said election and of time and places thereof, by publication thereof once each week for three consecutive week~ in the "Telegraph -Herald," a newspaper of general circulation printed and published in said City, which notice shall be in substantially the follow- ing form. as set out in copy of Mayor's proclamation attached hereto. Section 6. That a certified copy of this resolution and a certified copy of the Proclamation of the Mayor be filed in the office of the County Auditor in and for Dubuque County, Iowa, and that said County Auditor is hereby authorized and directed to enter said Municipal Court Proposition on the Special Election Ballot to be voted on June 4, 1982. Section 7. That this Council meet on the next (secular) day following the day of said election, at the Council Chamber in the City Hall within said City at 7:30 o'clock P.M., to canvass the results of said election. Section 9. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 9. That this resolution be in force and effect immediately Regular Session, May 7, 1982 173 n its passage, adoption and ap- Val. assed, adopted and approved 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen 'ouncilman Takos moved the )ption of the resolution. Sec - led by Councilman Kean. Car- d by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. MAYOR'S PROCLAMATION NOTICE OF ELECTION DUBUQUE, IOWA Public notice is hereby given that at the Special Election to be held on the 4th day of June, 1962, from 7:00 o'clock A.M. to 8:00 o'clock P.M. Central Standard Time, or from 8:00 o'clock A.M. to 9 o'clock P.M. Daylight Saving Time, there will be submitted to the electors of said City, to be by them voted upon, the proposition to establish a municipal court in the City of Dubuque, Iowa. At said election voting machines will be used and ballots prepared therefor will have printed thereon the proposition in substantially the following form: (Notice to voters: For an affirma- tive vote on the question sub- mitted, pull down the lever above the word "Yes." For a negative vote, pull down the lever above the word "No.") SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa Establish a Municipal Court? YES NO The said election on said pro- position will be held in the several election precincts of said City, the boundaries of which shall be as delimited by Ordinances Numbered 7-52, 37-56, 67.60, 54-61, 55.61, 20- 62, 21-62, 22-62 and 23.62 of said City. The polling places within the respective election precincts will be as follows: First Precinct — Bryant School 1280 Rush Street. Second Precinct—Washington Jun- ior High School, 51 N. Grandview Avenue. Third Precinct—Franklin School, 39 Bluff Street. Fourth Precinct — County Court House, 7th Street & Central Av- enue Fifth Precinct — Iincoln School, 1101 West Fifth Street. Sixth Precinct — No. 4 Engine House, 1697 University Avenue Seventh Precinct—City Hall, 13th Street & Central Avenue Eighth Precinct—Chamber of Com- merce, 9th & Locust Streets Ninth Precinct -18th Street Engine House Tenth Precinct — Central School, 1500 Locust Street Eleventh Precinct—St. Paul's Luth- eran School, 2025 Jackson Street Twelfth Precinct — Fulton School, 2540 Central Avenue Thirteenth Precinct — Holy Ghost School, 2901 Central Avenue Fourteenth Precinct — Audubon School, 535 Lincoln Avenue Fifteenth Precinct —Marshall School, 1450 Rhomberg Avenue Sixteenth Precinct—Irving School, 2535 Pennsylvania Avenue All qualified electors of said City are hereby notified to appear at said election; each to vote at the polling place of the election pre- cinct in which such elector resides, or as permitted by statute. This notice is given by order of the City Council of the City of Du- buque, Iowa; pursuant to Chapter 602 of the Code of Iowa, 1958. Dated at Dubuque, Iowa, this 7th day of May, 1962. LOUIS SCHALLER, Mayor of the City of Dubuque, Iowa Attest: LEO F. FROMMELT, City Clerk. Councilman Takos moved the approval of the Proclamation. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller,, Co men Horgan, Kean, Takos. Nays—None. i May 2, 1982 To The Honorable Mayor and Members of the City Council Gentlemen: In accordance with Chapter 48 of the Code of Iowa, 1958, I here. 174 Regular Session, May 7, 1962 by recommend for your approval the appointment of the following named persons to serve as Clerks of Election for each precinct, who shall have charge of the election register for the Primary Election to be held on June 4, 1962. First Precinct: Republican—Louise Rafoth, 964 Mount Loretta Avenue. Democrat — Josephine O'Brien, 850 South Grandview Avenue. Second Precinct: Republican—Suzanne Preitauer, 190 South Grandview Avenue. DemoLrat—Rita Gleason, 3291 Lombard Street. Third Precinct: Republican—Eunice Kilby, 521 West Third Street. Democrat—Vera McAllister, 821 Dodge Street. Fourth Precinct: Republican—Emma Osborn, 495 West Fifth Street. Democrat — Georgina Millius, 468% Locust Street. Fifth Precinct: Republican—Marian Pfaff, 265 Alpine Street. Democrat—Mary Burd, 1030 Mel- rose Terrace. Sixth Precinct: Republican—Millie Cords, 1655 Auburn Street. Democrat—Helen Schadle, 2565 University Avenue. Seventh Precinct: Republican—Alexia Hanley, 911 Central Avenue. Democrat — Bernice Scherrer, 1392 Main Street. Eight Precinct: Republican—Jane Fuhrman, 530 Wilbur Lane. Democrat — Anna Weber, 1025 Locust Street. Ninth Precinct: Republican — Mildred Koehler, 1763 Central Avenue. Democrat—Mary Berg, 1633 Cen- tral Avenue. Tenth Precinct: Republican—Loretta Kammuell- er, 366 West Locust Street. Democrat—Mary Behr, 1491 Main Street. Eleventh Precinct: Republican — Hilda Kempter, 2125 Kline, Democrat—Ida Murray, 348 Kauf- mann Avenue. Twelfth Precinct: Republican—Elsie Bottge, 2421 Division. Democrat—Minnie Recker, 2210 Francis Street. Thirteenth Precinct: Republican — Eleanor Rafoth. 2761 Broadway. Democrat — Freda Foell, 2915 Jackson Street. Fourteenth Precinct: Republican—Gwen Bohn, 2540 Windsor Avenue. Democrat — Loretta McAndrew, 706 Lincoln Avenue. Fifteenth Precinct: Republican — Helen Pape, 917 Rhomberg Avenue. Democrat — Frances Crippes, 1226 Lincoln Avenue. Sixteenth Precinct: Republican — Helen Schetgen, 155 Devon Drive. Democrat — Meretta Donegan, 2105 Ogilby Road. Respectfully submitted, LEO F. FROMMELT, Commissioner of Registration Councilman Schreiber moved ap- proval of the list. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. An Agreement between the Iuwa State Highway Commission and the City of Dubuque, Iowa, covering "County of Dubuque Project No. U-305, which specifies the terms and conditions of the Highway Commission as to the cost of pav ing Dodge Street from Bluff to Grandview including parking re- strictions and access rights, pre- sented and read. Considerable discussion arose a, to the paving and parking of Dodge Street. Mr. Elmer Rummel of the A & W Drive Inn men- tioned that he had permission to cut in 35' driveways across Dodge Street from his place of business. Mr. J. P. McCarthy of 636 Dodge stated that nu semis should be allowed if he had to pay a portion of the paving; cost of the street. Mrs. Viola Savary was in objection because of tho lack of off-street parking near her tavern. Tony Hel• ling was wondering if it would Regular Session, May 7, 1982 175 be 1rise to give up all parking privileges on Dodge Street for $35,000, which would be the ap- proximate amount the State would contribute toward the resurfac- ing. Mr. Dick Huseman of 780 Dodge was in disagreement as to a statement made as to snow re- moval of Dodge Street. Joe Ros. camp of 1405 Dodge stated that his rental property would be worth- less without any parking privi- leges. Merlin Apel asked the ques- tion "Who paid for assessment from Devon to Grandview?" and was of the opinion that the State should pay the whole paving as- sessment. Adolph Raska and F. Fesler made inquiry as to the ap- proximate amount of assessment. Mrs. Roger Luchterhand of 1280 Dodge Street also made inquiry as to the assessable amount. Mr. Frank Kelly was of the opinion that action on the proposed paving should be delayed. Councilman Takos moved that the Agreement from the State be referred back to the Manager for further negotiation with the State, with the viewpoint that we attempt in that negotiation to lessen the hardships of the parking problem on said street. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Takos. Nays—Councilman Schreiber. Councilman Horgan moved that the Manager investigate the pos- sibility of off-street parking on Dodge Street. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. May 3, 1962 To the Honorable Mayor and City Council Gentlemen: I recommend that you authorize the Mayor to negotiate an Agree- ment with the Illinois Central Rail- road dated April 17, 1962, for the Purpose of constructing and main- taining a ten inch cast iron water main under the tracks of the Rail- road Company at Fremont Avenue. If the Agreement is authorized, it should be done so subject to the approval of the City Solicitor. The Agreement presented for your consideration is the result of several weeks of negotiation be- tween Mr. Hail and the Railroad. Although some of the terms of the Agreement seem stringent from the city point of view, the Agree- ment appeared to be the only con- ditions under which the Water De- partment will be permitted to place a pipe under the tracks of the Railroad Company. The pipe crossing at Fremont Avenue is necessary for the exten• sion of the water system. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the agreement be referred to the City Solicitor for investigation and subsequent report. Seconded by Mayor Schaller. Carried by the fol- lov:ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. RESOLUTION NO. 93-62 Preliminary Estimate, approval of plans, specifications, form of contract, plat, and all other docu- ments for the construction of a fifteen inch (15") Storm Sewer Ex- tension beginning at the existing storm sewer at the easterly end of Tressa Street, thence southeast- erly 265 feet; and a twelve inch (12') Storm Sewer draining River Ridge southerly 175 feet; both ex- tensions converging at a common point in Lot 26 of the Subdivision of M. L. 39, at an estimated cost of $3,900.00, presented and read. Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 9462 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk lib Regular Session, May 7, 1962 showing among other things the following: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of a fifteen inch (15") storm sewer extension beginning at the existing storm se" er at the easterly end of Tressa Street thence southeasterly 265 feet; and a twelve inch (12") storm sewer extension from the existing storm sewer draining River Ridge southerly 175 feet: both extensions converging at a common point in Lot No. 26 of the Subdivision of Mineral Lot 39. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Sanitation Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of May, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN I'. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the approval of the resolution. Sec- i onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan. Kean, Schreiber, Ta. kos. Nays --None. (Fixing Date of Hearing) RESOLUTION NO. 95-62 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of a fifteen inch (15") storm sewer extension begin- ning at the existing storm sewer at the easterly end of Tressa Street thence southeasterly 265 feet: and a twelve inch (12") storm sewer extension from the existing storm sewer draining River Ridge southerly 175 feet: both extension converging at a common point in Lot No. 26 of the Subdivision of Mineral Lot 39. BE IT THEREFORE RESOLVED that on the 4th day of June, 1962, a public hearing will be held at 7:30 P.M., Daylight Saving Time in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvements may appear and make objection to the proposed plans and specifications a n d proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the Notice of Pendency for said improvement. Passed, adopted and approved this 7th day of May, 1962 - LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved adoption of the resolution. Regular Session, Seconded by Mayor Schaller. Car. May 7, 1962 177 ROBERT J. HORGAN ried by the following vote: Councilmen Yeas—Mayor Schaller, Council- Attest: LEO F. FROMMELT men Horgan, Kean, Schreiber, Ta- City Clerk t kos. Mayor Schaller moved the adop- Nays—None. tion of the resolution. Seconded by Councilman Kean. Carried by RESOLUTION NO. 96.62 the following vote: WHEREAS, the City Council at Yeas—Mayor Schaller, Council - its meeting of March 19, 1962, men Horgan, Kean, Schreiber. granted and accepted the petition Nays—Councilman Takos. of Wilson E. Conlan for the open- AGREEMENT ing and improvement of alley abut- ting Mr. Conlan's property andThis AGREEMENT made and which runs generally in a north. entered into this 7th day of May, south direction between Green 1962 by and between the CITY Street and Delaware Street in the OF DUBUQUE, IOWA, hereinafter City of Dubuque, Iowa, on condi-called the City, and WILSON E. tion that the said Wilson E. Con. CONLAN, residing at 245 Dillon Ian undertake to pay one-half of Street, Dubuque, Iowa, hereinafter the final costs of improving said called the Contractor, to -wit: alley; and I. That the Contractor petitioned WHEREAS, the Mayor and City the Mayor and Council to re - open and improve a platted al - ► Clerk should be authorized and ley dedicated to, and accepted empowered to execute form of by, the public, the alley abut - agreement attached hereto property ting Contractor's property and r' covering the foregoing conditions covering and running a north-southand for the improvement of said alley. direction between Green Street NOW THEREFORE BE IT RE- and Delaware Street in the City SOLVED by the City Council of of Dubuque, Iowa. the City of Dubuque, Iowa: 2. That the Mayor and Council of Section 1. That the Mayor and the City, during a regular meet - City Clerk be and they are hereby ing of the Council on March 19, authorized and directed to execute 1962, granted and accepted Con - the written Agreement attached tractor's petition. 3. That Contractor has promised hereto on behalf of the City of and agreed to pay one-half (%) Dubuque of the final total cost of im- Section 2. That the cash bond in proving the alley, the improve - the amount of $1,000.00 to insure ment developed and prepared performance on the part of Wilson by the office of the City En - E. Conlan be and the same is here- gineer of the City, which plan by approved and the City Treasur- was developed on or about Oc- er be and he is hereby directed to tober 1, 1961. hold said cash bond and upon the 4, That the Contractor will pay completion of said improvement to over to the City his agreed retain so much of the cash bond as contribution of the final total equals one-half of the final total cost upon completion of the y cost of reopening and improving alley improvement by the City said alley and upon direction of in conformity with the plan of the City Manager, City Treasurer improvement, and as evidence shall remit to Wilson E. Conlan of Contractor's ability to so the balance of said cash bond re- perform, there is attached here- maining over and above the share to, and by this reference made of Wilson E. Conlan of the final a part hereof, a Bond Agree - total costs of said improvement. ment in the sum of One Thou - Passed, adopted and approved sand and No/100 ($1,000.00) } this 7th day of May A.D., 1962, by Dollars, executed by Contractor unanimous roll call vote. and the City, conditioned upon LOUIS SCHALLER full performance of this agree - Mayor ment. 1N TESTIMONY WHEREOF, the JOHN P. SCHREIBER by its Council, has author- JAMES J. KEAN City, 178 Regular Session, May 7, 1962 ized this agreement to be signed by its Mayor and countersigned by its City Clerk. CITY OF DUBUQUE, IOWA LEO F. FROMMELT City Clerk LOUIS SCHALLER Mayor WILSON CONLAN Contractor BOND AGREEMENT KNOW ALL MEN BY THESE PRESENTS. That I, WILSON E. CONLAN, of Dubuque, Iowa, an individual do- ing business as a building con- tractor in the City of Dubuque, State of Iowa, hereinafter called the Contractor, am held and firmly bound unto the CITY OF DU- BUQUE, IOWA, hereinafter called the City, in the penal sum of One Thousand and No/100 ($1,000.00) Dollars, lawful money of the Unit- ed States, for payment of which will truly be made unto said City, I bind myself, my heirs, executors, administrators, successors and as. signs, firmly by these presents as follows: The conditions of this obligation are such that, WHEREAS, on the 7th day of May, 1962, the Contractor entered into a written agreement with said City for the contribution of funds to equal one-half (1/2) of the final total cost of reopening and improv- ing an alley, such improvement to be completed in conformity with the plan developed by the office of the City Engineer, Dubuque, Iowa, on or about October 1, 1961, the north -south alley located be- tween Green Street and Delaware Street in the City of Dubuque, Iowa, as set forth in detail in the above agreement all of which is hereby made a part hereof as if written herein at length, and WHEREAS, contemporaneously with the execution of the above re- ferred to written agreement the Contractor has deposited with the Treasurer of the City a certified check in the amount of One Thou. sand and No/100 ($1,000.00) Dol. lars, lawful money of the United States, and made payable to the City. NOW THEREFORE, the City will hold and retain such certified opening and improving of the al. check until completion of the re - ley at which time the check will be cashed, the City retaining for its own use and purposes so much of the proceeds of the check as equals one-half ('/z) of the final total cost of reopening and im- proving the alley, the City remit- ting to the Contractor all funds remaining over and above the amount necessary to satisfy the Contractor's payment of the final total cost of the improvement. IN TESTIMONY WHEREOF the parties hereto have caused the exe- cution hereof on the 7th day of M, 1962. M F. FROMMELT City Clerk WILSON CONLAN Contractor CITY OF DUBUQUE, IOWA LOUIS SCHALLER Mayor RECEIPT I, EDWARD M. TSCHIRGI, Treasurer of the City of Dubuque, Iowa, do hereby state that I have received from WILSON E. CON - LAN a certified check in the amount of One Thousand and No/ 100 ($1,000.00) Dollars, made pay- able to the City of Dubuque, Iowa, and that I will retain said check pursuant to the terms of a Bond Agreement entered into by the City of Dubuque, Iowa and Wilson E. Conlan on the 8th day of May, 1962. Dated this 8th day of May, 1962. EDWARD M. TSCHIRGI Treasurer RESOLUTION NO. 97.62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address My -Cap Vendors, Inc., For Stuart DeMoss, 2412 Central Avenue. My -cap Vendors, Inc., For Erwin J. Hafeman, 2370 Romberg Ave- nue. Clement Wagner, 15 Loras Blvd. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Regular Session, May 7, 1962 179 'assed, adopted and approved 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen kttest: LEO F. FROMMELT City Clerk 'ouncilman Schreiber moved the option of the resolution. Second - by Mayor Schaller. Carried by following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. "-62 WHEREAS, applications for beer permits have been submitted to this Council for approval, and the some have been examined; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Harry N. Gantert and Lucille Gan- tert, 1301 Rhomberg Avenue Vernon Meyer, 530 East 22nd Street Kenneth L. Meisenburg, 2500 Cen- tral Avenue Dubuque Sports Bowl Corporation, East 16th Street Ralph Warren, 1700 Central Ave- nue Harriet Bush, 700 East 16th Street Richard N. Stecklein, 450 West Lo cust Street Mrs. Fay S. Shaffer, 1080 Univer- sity Avenue Mrs. Coletta S. Rieke, 55 East 7th Street CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades, Council Club, 111 West 6th Street CLASS "C" BEER PERMIT Ernest E. Latham, 1205 Cleveland Avenue Carl Van Duelman, 590 Clarke Drive Carl Chalder, 101 West 5th Street 11. Daniel Winders, 2204 Central Avenue Passed, adopted and approved this 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAROS JAMES J. KEAN ROBERT J. HORCAN Councilmen Attest: LEC F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 9942 WHEREAS, applications for beer permits were filed by the within named applicants and they have received the approval of this Coun- cil; WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit: CLASS "B" BEER PERMIT Barry N. Gantert and Lucille Gan- tert, 1201 Rhomberg Avenue Vernon Meyer, 530 East 22nd Street Kenneth L. Meisenburg, 2500 Cen- tral Avenue Dubuque Sports Bowl Corporation, East 16th Street Ralph Warren, 1700 Central Ave- nue Harriet Bush, 700 East 16th Street Richard N. Stecklein, 450 West Lo- cust Street Mrs. Fay S. Shaffer, 1080 Univer- sity Avenue Mrs. Coletta S. Rieke, 55 East 7th Street CLASS "B" BEER PERMIT FOR PRIVATE CLUB Dubuque Metal Trades, Council Club, 111 West 6th Street CLASS "C" BEER PERMIT Ernest E. Latham, 1205 Cleveland Avenue 180 ReCular Session, May 7, 1962 -UclEobeer -�'Z; -- D lman 590 Clarke Approved .............................. ..... Carl van ue Drive Carl Chalder, 101 West 5th Street R. Daniel Winders, 2204 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 7th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Horgan moved the adoption of the following resolu- tion; The City Council does hereby unanimously endorse the creation of a combined Industrial Expansion Committee in the City for the en- couragement and expansion of in- dustry in our City. Furthermore that the City Council unanimously encourage all citizens to respond to the challenge: that each act in a Positive manner to achieve the continued and greater growth of Dubuque. Finally that the City Council adopt as a matter of policy cooperation with the combined In- dustrial Expansion Committee and all other groups and individuals seeking a better Dubuque. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. There being no further business Councilman Schreiber moved to adjourn. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT, City Clerk Special Session, May 14, 1962 181 (ITY COUNCIL OFFICIAL Special Session, May 14, 1962. Council met at 7:30 P.M. Present—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. City Manager Gilbert. D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this meeting is called to consider sealed propos- als as submitted by contractors for the construction of the City of Du- buque 1962 Improvement Pro- grams, and acting on any other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipts of proposals for the construction of City of Du- buque 1962 Grading Project No. 1, presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. May 14, 1962 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received until 10:00 A.M. Monday, May 14, 1962. for the City of Dubuque 1962 Grad- ing Project No. 1. The lowest bid entered was submitted by the Steger Construction Company of Dubuque, Iowa. Their bid was 24.1% under the estimate. A tabu- lation of bids received is attached. I recommend that the award of this contract be postponed at this time until final negotiations can be completed for the required right of way. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Takos maved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. 2 Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of pro- posals for the construction of City of Dubuque 1962 Concrete Curb do Gutter Project No. 1, presented and read. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. May 14, 1962 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, May 14, 1962 for the City of Dubuque 1962 Con- crete Curb and Gutter Project No. 1. The lowest bid entered was sub. mitted by the Tri-State Paving Company of Dubuque, Iowa; their bid was 2.9% under the estimate. A tabulation of bids received is enclosed. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company. Very truly yours, Gilbert D. Chavenelle, City Manager Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Schreiber,Council- men Horgan, Takos. Nays—None. (Awarding Contract) RESOLUTION NO. 100,62 WHEREAS sealed proposals have been submitted by contractors for the City of Dubuque 1962 Con- crete Curb and Gutter Project No. 1 pursuant to Resolution No. 76.62 and notice to bidders published in a newspaper published in said City on April 23, 1962 and April 30, 1962; and 182 Special Session, May 14, 1962 WHEREAS, said propos' 962, were opened and read on May and it has been determined that the bid of Tri-State Paving Com- pany of Dubuque, Iowa in the amount of $58,435.48 was the low- est bid for the furnishing of all labor and materials and performing the work as provided for in the plans & specifications; now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is here. by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 14th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of pro- posals for the construction of City of Dubuque 1962 Bituminous Con. crete Surfacing Project No. 1, pre- sented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. May 14, 1962 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, May 14, 1962 for the City of Dubuque 1962 Bi- tuminous Concrete Paving Project No. 1. The lowest bid entered was submitted by Mulgrew Blacktop Inc., of Dubuque, Iowa; their bid was 22.5% under the estimate. A tabulation of bids received are attached. I recommend that the contract for the improvement be awarded to the Mulgrew Blacktop, Inc. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. (Awarding Contract) RESOLUTION NO. 101.62 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1962 Bi- tuminous Concrete Paving Project No. I pursuant to Resolution No. 79-62 and notice to bidders pub- lished in said City on April 23, 1962 and April 30, 1962; and WHEREAS, said proposals were opened and read on May 14, 1962, and it has been determined that the bid of Mulgrew Blacktop, Inc. of Dubuque, Iowa in the amount of $102,883.25 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer Special Session, May 14, 1962 183 is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 14th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the Receipt of propos. als for the construction of the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Surfac- ing Project No. 1, Sections I and II, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. May 14, 1962 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, May 14, 1962 for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1—Section 1 and Section 2; the lowest bid en. tered was submitted by Mulgreu Blacktop, Inc. Their bid for Sec. tion 1 was 29.6% below the esti mate and Section 2 was 28.1% below the estimate. A tabulation of the bids received are attached. I recommend that the contract for the improvement be awardec to Mulgrew Blacktop, Inc. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that he recommendation of the City Manager be approved. Seconded by ;ouncilman Kean. Carried by the 'ollowing vote: Yeas—Mayor Schaller, Council - nen Horgan, Kean, Schreiber, Ta- cos. Nays—None. (Awarding Contract) RESOLUTION NO. 10262 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Paving Project No. 1 --Sec- tion – Sec- tion 1 pursuant to Resolution No. 81-62 and notice to bidders pub- lished in a newspaper published in said City on April 23, 1962 and April 30, 1962; and WHEREAS, said sealed propos- als were opened and read on May 14, 1962, and it has been deter- mined that the bid of Mulgrew Blacktop, Inc. of Dubuque, Iowa in the amount of $63,827.40 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop, Inc, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc. cessful bidders. Passed and adopted this 14th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk 184 Special Session, May 14, 1962 Mayor Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Awarding Contract) RESOLUTION NO. 103-62 WHEREAS, s e a l e d proposals have been submitted by contractors for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Paving Project No. 1—Sec- tion 2 pursuant to Resolution No. 81-62 and notice to bidders pub- lished in a newspaper published in said City on April 23, 1962 and April 30, 1962; and WHEREAS, said sealed proposals were opened and read on May 14, 1962, and it has been determined that the bid of Mulgrew Blacktop, Inc. of Dubuque, Iowa in the amount of $22,937.99 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award - to Mulgrew Blacktop, Inc. and and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 14th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT Mayor Schaller moved the adop. tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Pro- posals for the contruction of City of Dubuque 1962 Concrete Paving Project No. 1, with Integral Curb, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. May 14, 1962 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, May 14, 1962 for the City of Dubuque 1962 Con- crete Paving Project No. 1. The lowest bid entered by the Thomas Flynn Coal Company of Dubuque, Iowa; their bid was 1.9% under the estimate. I recommend that the contract for the improvement be awarded to the Thomas Flynn Coal Com- pany. Very Truly Yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Awarding Contract) RESOLUTION NO. 104.62 WHEREAS, s e a l e d proposals have been submitted by contractors for the City of Dubuque 1962 Concrete Paving Project No. 1 pursuant to Resolution No. 83-62 and notice to bidders published in a newspaper published in said City on April 23, 1962 and April 30, 1962; and Special Session, May 14, 1962 185 WHEREAS, said scaled proposals ere opened and read on May 14, ?62, and it has been determined iat the bid of Thomas Flynn Coal o. of Dubuque, Iowa, in the mount. of $92.219.30 was the low- st bid for the furnishing of all abor and materials and perform- ag the work as provided for in he plans and specifications; now herefore, BE IT RESOLVED by the City ,ouncil of the City of Dubuque hat the contract for the above nentioned improvement be award - A to Thomas Flynn Coal Company end the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 14th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Westminster Presby- terian Church requesting that a traffic survey be made at the in- tersection of University and Loras to determine the advisability of installing a traffic signal, present- ed and read. Councilman Schrei- ber moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. May 10, 1962 lion. Mayor & City Council City Hall Gentlemen: On April 2, 1962, Anna M. Cum- mer filed a claim against City of Dubuque, Iowa, claiming a frac- tured wrist suffered as a result of a fall on an ice covered sidewalk at 2401 Windsor Ave. on March 4, 1962. 1 have conferred with Mrs. Cum- mer, who is a widow, and she has made an offer of settlement in the amount of $110.00 and I recom- mend that said offer be accepted and the City Auditor be instructed to draw warrant payable to Anna M. Cummer of 2524% Queen St., Dubuque, Iowa, and to transmit said warrant upon receipt of duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Schaller moved that the recommendation of the City attor- ney be approved and the Auditor instructed to issue a warrant in the amount of $110 payable to Anna M. Cummer and deliver the same upon receipt of a duly exe- cuted release. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Notice of claim of Kenneth P. Apel, in the amount of $27.00, for car damage incurred as the result of striking a protruding steel curb stone cover in the alley off 5th Street between Central and Iowa on May 10, 1962, presented and read. Councilman Schreiber moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Notice of claim of Samuel Scott McCaughey Jr., in the amount of $22.55, for car damage incurred as the result of striking a hole in the street at Mineral and Devon Drive 186 Special Session, May 14, 1962_ on May 3, 1962, presented and read. Councilman Schreiber moved that the notice of claim lalicitb for re- ferred to the City' investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 43.62 An Ordinance Regulating Drive- ways and Entrances to Primary Road No. 20 within the City of Du- buque, Iowa, described as follows: On present route of U. S. Highway No. 20 from Grandview Avenue to the westerly City Limits of Du- buque, Iowa, more specifically de- scribed as from Station 2404+00 to Station 2457+50, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. ORDINANCE NO. 43.62 An Ordinance regulating driveways and entrances to pr many road No. 20 within the City of Dubuque, Iowa, de- scribed as follows: On present route of U.S. Highway No. 20 from Grandview Avenue to the west. erly City Limits of Dubuque, Iowa, more specifically described as from Station 2404}00 to Station 2457 -50. WHEREAS, by Resolution adopted November 7, 190, in connection with the improvement of Primary Road No. 20, the City Council has agreed that upon receipt from the Highway Coin - mission of a list of driveways and en- trances provided -for access under said improvements, the list would be re- corded under a supplement Ordinance, and WHEREAS, the City Manager has submitted to the City Council the list of driveways and entrances referred to in said Resolution. NOW, 'THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the City Clerk be and he is hereby authorized and directed to re. cord said list in the records of his of. fice v'hich list is dated May 3, 1962 made by Iowa State Highway Commis- sion. passed, adopted and approved this 14th day of May. 1962, A.D. LdUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt, Citv Clerk Published officially In the Telegrh ap- Herald Newspaper this 24th day of ay 1962. LEO F. FROMMELT, City Clerk it. 5-24 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 105.62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval, and the same have been examined; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Thomas J. Collins, 53 West 12th Street Michael McMahon, 36 Bluff Street CLASS "C" BEER PERMIT Ralph A. Dupont, 1395 Brown Ave- nue Passed, adopted and approved this 14th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER, PETER J. TAKOS JAMES J. KEAN ROBERT J. 11ORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 106.62 WHEREAS, applications for Beer Permits were filed by the Special Session, May 14, 1962 187 within named applicants and they have received the approval of this Council; WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Thomas J. Collins, 53 West 12th Street CLASS "C" BEER PERMIT Ralph A. Dupont, 1395 Brown Ave- nue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 14th day of May, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Mr. Merlin Apel addressed the Council relative to the paving of Dodge Street from Bluff to Grand- view by stating that if parking is eliminated property values will go down and some businesses on Dodge Street will be obliged to quit. He thought it well to stall the improvement for another year. Paul Birkett of 1593 Dodge Street being an apartment owner stated that he could foresee de- creased income on his property. Mr. J. McCarthy was concerned about safety of children crossing the highway. Mr. Joe Roscamp of 1405 Dodge Street was concerned about loading and unloading in front of his business building. E. C. Frudden of 1657 Dodge Street was of the opinion that all park- ing should not be eliminated. Tony Helling stated that he does not like the proposal submitted by the State and also made inquiry about the water problem. He thought it best to delay the problem for an- other year. State Senator Andrew Frommelt stated that he has been asked by property owners on Dodge Street to see what could be done with the Highway Com- mission relative to parking on Dodge Street. He was of the opin- ion that the idea should be ex- plored. Mr. Adolph Raska was wondering why the Dodge Street residents should be assessed at all. City Manager Chavenelle sub- mitted the following information relative to cars and parking on Dodge Street; there are eighty-six car owners on the street, outside of business; only twelve are with- out driveways. There is a possibil- ity of providing approximately fifteen parking spaces on Peabody Street and west of Savary's Tap there is a possibility of twelve to fifteen more spaces. Mr. Frank Kelly congratulated the City Man- ager on his efforts in their behalf so far. Councilman Takos moved that the Council send a recommenda- tion to Planning & Zoning that they consider a problem of zoning on Dodge Street from Bluff to Grandview. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Schreiber moved that the City Manager, State Sena- tor Andrew Frommelt and a resi- dent of Dodge Street, contact the State Highway Commission on the 188 Special Session, May 14, 1982 Dodge Street problem. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. There being no further business Councilman Horgan moved to ad- journ. Seconded by Councilman Takos, Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. LEO F. FROMMELT City Clerk Approved ... .Qctober... s.1962. Adopted ....,...October.. 22 .1982. WON I WfzA__A' City Clerk Regular Session, June 4, 1962 189 CITY COUNCIL OFFICIAL Regular Session June 4, 1962. Council met at 7:30 P.M. Daylight Saving Time. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. May 16, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports for the month of April of the City Auditor, City Treasurer, City Health Department and City Water Works and the list of claims and payrolls for which warrants were issued for the month of i April, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Schaller moved that the reports be received and filed. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of April, 1962, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. May 28, 1962 To the Honorable Mayor and City Council Gentlemen: I recommend that a street light be placed at the northwest corner of Tower and Commercial Streets. This installation is needed since the area has no lighting at present. Also, I recommend that three lights be installed on 16th Street near the bridge, and four lights installed in the area of the new small boat harbor. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. June 4, 1962 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor: SIDEWALK Robert L. Berger, d/b/a R. L. Berg- er Concrete Contractor, Bond No. 239245, Western Casualty & Surety Co. Carl Blosch, Bond No. 76614, Mer. chants Mutual Bonding Co. Lyle Kopp, U.S. Fidelity & Guar- anty Co. Kenneth Schromen, Bond No. 614989-6, The Ohio Casualty Ins. Co. HEATING Alfred Henschel, d/b/a Henschel Roofing & Sheet Metal Co., Mer- chants Mutual Bonding Co. Geisler Brothers, Standard Acci- dent Ins. Co. Russell L. Rafoth, Bond No. S1366308, The Fidelity and Cas- ualty Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the bonds and policies be filed sub- ject to the approval of the City Solicitor. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller,Council- men Horgan, Kean, Takos. Nays—None. 190 Regular Session, June 4, 1962 May 31, 1962 Hon. Mayor & City Council City Hall Gentlemen: On April 24, 1962 Ervin Auder- er, 3046 Central Ave., Dubuque, Iowa, filed his claim against the City of Dubuque in the amount of $10,000.00 claiming injuries as a result of a fall allegedly occur- ring at 22nd & Jackson St. on Jan- uary 23, 1961, claiming an alleged- ly defective curb thereat by reason of an accumulation of ice. I have made an investigation of this matter and find that there was no negligence on the part of the City of Dubuque as would be a basis for a right to recover by Mr. Auderer, and therefore recommend denial of said claim. Original claim is returned here. with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Council Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. May 24, 1962 Hon. Mayor & City Council City Hall Gentlemen: On March 23, 1962 Mrs. Bertha Feller of 1505 Rhomberg Avenue, Dubuque, Iowa, filed claim for damages as a result of a fall at 1523 Rhomberg Avenue which fall allegedly occurred on February 7, 1962, claiming a defective side- walk existed thereat. The insurance carrier for the abutting property owners, Law- rence Portzen and Lucille Portzen has worked out a settlement in co- operation with the City Attorney's office in the amount of $250.00 with the understanding that City Attorney would recommend contri- bution to said amount by the City in the amount of $125.00. It is therefore recommended by the City Attorney that the sum of $125.00 as contribution of the City's share of said settlement be paid to American States Insur- ance Co. and that the City auditor be instructed to draw a warrant in the amount of $125.00 payable to American States Insurance Co. Original claim is hereto attached as is also release of claimant. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the.. recommendation of the City Attorney be approved and the Aud. itor instructed to draw a warra,it in the amount of $125.00 pajable to American States Insurance Co. Seconded by Councilman Schmi- ber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Gene- rieve Leslein, in an un -named amount, for personal injuries re- ceived in a fall on an icy sidewalk in the alley to the rear of the American Trust & Savings Bank on May 1, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Morgan, Kean, Schreiber, Takos. Nays—None. Communication of Peoples Nat- ural Gas submitting their operat- to the differences between the re- tail gas rates in Dubuque and certain other communities, pre- sented and read. Councilman Takos moved that the report be placed on file with the City Clerk. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Peoples Nat- ural Gas submitting their operat- ing report for the year 1961, pre- sented and read. Councilman Schreiber moved that the report be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Regular Session, June 4, 1962 191 Certification report to be sub- mitted to the Iowa State Highwav Commission showing 58.29 miles in the arterial Street System and 148.82 miles in the Local Street system relative to road use tax, presented and read. Councilman Takos moved that the report be approved and that the Mayor be authorized to sign. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Report submitted by the Inter- state Power Company for the year ending December 31, 1961, being a combined Revenue and Expense Statement for the Electric and Bus Departments, presented and read. Councilman Schreiber moved that the report be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. June 4, 1982 Honorable Mayor and Members of the City 0ouncil Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1958, the Civil Service Commission conduct. ed an entrance examination on April 13, 1962, for those seeking positions on the POLICE DEPART- MENT. The following named gentlemen have passed both the written and physical examinations and their names are hereby certified for ap- pointment to the Police depart- ment. Arnold J. Jaeger Jr. 87.50% Harvey R. Frederick 80.83% Respectfully submitted, LOUIS J. LAGEN Chairman GERARD B. NOONAN A. G. WRIGHT Commissioners Civil Service Commission Attest: LEO F. FROMMELT, City Clerk Subscribed and sworn to before me this 4th day of June, 1962. (Notarial Seal) CHARLES J. JENAMAN Notary Public Councilman Schreiber moved that the communication be receiv- ed and made a matter of record. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. June 4, 1962 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provisions of the Code of Iowa, 1958, the Civil Service Commission conducted an Entrance examination on April 13, 1962, for those seeking positions on the FIRE DEPARTMENT. The following named gentlemen have passed both the written and physical examinations and their names are hereby certified for ap- pointment to the FIRE DEPART- MENT. William T. Miller 81.67% Wayne F. Jochum 80.83% David L. Ehlinger 76.67% Fred W. Schoenthal 72.50% Kenneth J. Link 70.83% Respectfully submitted. LOUIS J. LAGEN Chairman GERARD B. NOONAN A. G. WRIGHT Commissioners Civil Service Commission Attest: LEO F. FROMMELT, City Clerk Subscribed and sworn to before me this 4th day of June, 1962. CHARLES J. JENAMAN Notary Public (Notarial Seal) Councilman Schreiber moved that the communication be receiv- ed and made a matter of record. Councilman Takos. Seconded by Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to amend the zoning map and zon. ing ordinance No. 3.34 by changing Lot 2 f2fl Prysi of 2 of 1of Iof 1 of Farm; of of 1 192 Regular Session, June 4, 1962 of 1 of 1 of the Correction Plat of Prysi Farm and Mineral Lot 166; Lot Iof2of1oflof l oft of 1 of 1 of 1 of 1 of the Correc. tion Plat of Prysi Farm and M. L. 166 to Local Business District "A" Classification and Lot 2 of Sub. of Lot 1 of Lot 1 of West Gate to Local Business District "A" classif- ication except that part of said Lot 2 of 1 of 1 of West Gate which is adjacent to Dodge Street presently zoned as Business District comprising an area 15o' northerly of and parallel to the northerly line of Dodge street, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 26.62 An Ordinance Amending and Changing the Zoning Map and Zon- ing Ordinance of the City of Du- buque, Iowa, as provided by Ord- inance No. 3.34, designated the Zoning Ordinance, so as to change Lot 2 of Lot 1 of Prysi Farm; Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Correction Plat of Prysi Farm and Mineral Lot 166; Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of the Correction Plat of Prysi Farm and Mineral Lot 166 to Local Business District "A" Classification ani Lot 2 of Sub. of Lot 1 of Lot 1 of West Gate to Local Business District "A" Class- ification except that part of said Lot 2 of Lot 1 of Lot 1 of West Gate which is adjacent to Dodge Street and presently Zoned Busi- ness District comprising an area one hundred and fifty feet north- erly of and parallel to the north- erly line of Dodge Street, said Ord- inance having been previously pre- sented and read at the Council meeting of May 7, 1962, presented for Final Adoption. ORDINANCE NO. 26.62 An Ordinance Amending and Changing the Zoning Map and Zon- ing Ordinance of the City of Du- buryue, Iowa, aP provided by Ordi- nance No. 3-84, dealitnated the Zoning Ordinance, so as to change Lot 2 of Lot 1 of Prysi Farm; Lot 2 of lert 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Correction Plat of Pryal Farm and Mineral Lot 166: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot I of Lot 1 of Lot 1 of Lot 1 of the Correction Plat of Pryal Farm and Minerat Lot 166 to Local Business District "A" C laaalfica- tfon and Lot 2 of Pull. of Lot 1 of Lot 1 of Rest Bate to Local Business District "A" Classifies - tion except that part of said Lot 2 of Lot 1 of Lot 1 of West Gate which is adiaoent to Dodge Street and presently Zoned Business Dts- trlc•t comprising an area one hun- dred and fifty feet northerly of and parallel to the northerly line of Dodge Street. Be It Ordained by the City Coun- ell of the City of Dubuque: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque, known as Ordinance No. 3-34, be and the same are hereby Amended and Changed as follows: By changing Lot 2 of Lot 1 of Prysi Farm; Lot 2 of Lot 2 of Lot i of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Correction Plat of Prysi Farm and Mineral Lot 166; Lot 1 of Lot 2 of Lot I of Lot 1, of Lot 1 of Lot 1 of Lot 1 of Lot 1, of Lot 1 of Lot 1 of the Correc- tion Plat of Pryst Farm and Min- eral Lot 166 to Local Business District "A' Classification and Lot 2 of sub. of I.ot 1 of I.ot 1 of west Gate to Local Business District "A" Classificationexcept that part of said Lot 2 of Lot 1 of Lot 1 of West Gate which is adjacent to Dodge Street and presently Zoned as Business District com- png an area one hundred and Aftyrleifeet northerly of and parallel to the northerly line of Dodge Street. Section 2. This Ordinance shall be in full force and effect from and after Its final passube, adop- tion and publication as by taw pro- vided. Introduced the 7th day of May, 1962. Rule requiring reudhig on three separate days suspended by unan- imous vote the 7th day of May, 1862. Passed by recorded roll call vote, adopted and approved thin 401 daY of June, 1862. LOUIS SCIIALLEIt, Mayur• JOHN P. SCIIREIBER PETER J. TAKOS JAMES J. XNAN ROBFRT J. IfORt1AN 1'ounellmen Attest: Leo F. Frommelt City Clerk Published officially to The Tele- gruph-ilearld newspaper this 8th day of June 1862. LEO F. FROM M F.LT It. 6/8 City Clerk Regular Session, June 4, 1982 193 Councilman Schreiber moved Final Adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Dubuque Dock Com- mission requesting vacation of Warren Street from Jones to Dodge Street in the Dubuque Harbor Addn., presented and read. Council- man Schreiber moved that the petition be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. May 25, 1962 To the Honorable Mayor and City Council Gentlemen: The communication of the Du- buque Dock Commission requesting vacation of Warren Street has been considered by the Planning & Zon- ing Commission. The "Commission believes there is no public need for this street and recommends vacation of same provided all adjacent owners agree to same. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RUZY, Secy Councilman Schreiber moved that the recommendation be ap- proved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Howard K. Ward et al objecting to the erection of any two family of multiple dwellings on Pennsylvania Avenue between McPoland and University Avenues, including the Hyatt property, pre- sented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by May- or Schaller. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Michael Remakel et al objecting to odor caused by the operation of an incinerator by the National Tea Store at 1313 Dodge Street, presented and read. Mr. Michael Remakel addressed the Council relative to the petition by stating that it is possible that the terrible odor is caused by the burn- ning of garbage. Councilman Schreiber moved that the petition be referred to the City Manager, building Commissioner and Health Department. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of G. R. Stelehen, re- questing permission to install curb and gutter in Steichen's Subdivi- sion on Roosevelt Street, presented and read. Councilman Takos moved that the petition be referred to the Engineering Department. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Caradco Inc. request- ing approval for the erection of support poles on the north and south sides of E. Ninth Street and cross this street between White and Jackson Streets with steam and condensate piping to connect the Farley & Loetscher power plant to the Caradco power plant, pre- sented and read. Councilman Schreiber moved that the petition be granted subject to the approval of the City Manager, City Engineer and Building Commissioner's in- vestigation. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Falkenheiner Drug Co. requesting permission to erect a canopy in the front and to the side of their building at 1097 Uni- 144 Regular Session, June 4, 1962. versity Avenue. presented and I read. Mayor Schaller moved that The petition be referred to the Building Commissioner. Seconded I by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of William O'Neill re- questing a refund in the amount of $10o. to cover the amount due on the unexpired portion of Class B beer permit No. 14, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue a warrant, payable to William O'Neill, in the amount of $100. to cover the amount due on the un- expired portion of Class B b,,er permit No. 14. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Leroy G. Richman requesting a refund in the amount of $50. on the unexpired portion of Class B beer permit No. 121, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue a warrant, in the amount of $50., to cover the amount due on the unexpired portion of Class B beer permit No. 121. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 107.62 WHEREAS, the Iowa State High- way Commission and the City of Dubuque, Iowa, have been negotiat- ing for the improvement of Dodge Street in the City of Dubuque. Iowa; and WHEREAS, the Iowa State High way Commission and City of Du buque, Iowa are in agreement a: to the resurfacing of the extensior of Primary Road No. U.S. 20 or Dodge Street from Grandview Av enue to Bluff Street in the City o; Dubuque, Iowa with Type "A" As phaltic Concrete, three inches ii thickness and which project is designated as "County of Dubuque Project No. U-305; and WHEREAS, the Iowa State High- way Commission and City of Du- buque, Iowa have reduced said agreement to writing which agree- ment sets out and specifies the terms, provisions and conditions of the Iowa State highway Commis- sion with respects to such improve- ment as to the cost of such im. provement and the payment there- for and including, among other things, parking restrictions to be enacted by the City of Dubuque and the limitations and regulations governing access rights, and that a copy of said agreement is here- to attached and marked Exhibit "A" and by reference incorporated herein as though fully set out here; and WHEREAS, it would serve the best public interest that the City of Dubuque execute said Agree- ment. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the Agreement, copy of which is hereto attached, marked Exhibit "A" by and be- tween the Iowa State Highway Commission and City of Dubuque, Iowa, covering "County of Du- buque, Project No. U-305 be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 4th day of June, 1962 by unani- mous roll call vote. LOUIS SCHALLER Mayor 301IN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. THIS into by Highwa called r City of called WH' sary to Regular Session, June 4, 1962 195 ,,EXHIBIT A" County, Dubuque Project No. U-305 AGREEMENT AGREEMENT is entered and between the Iowa State y Commission, hereinafter the Commission, and the Dubuque, Iowa, hereinafter the City. >;REAS, it is deemed neces• resurface the extension of Primary Road No. U.S. 20 on Dodge Street from Grandview Av- enue venue to Bluff Street with type "A" asphaltic concrete three inches thick. NOW THEREFORE, be it agreed by and between the parties hereto: 1. The City will prepare plans, hold a public letting and supervise construction according to Iowa Highway Commission Specifica- tions, current series. 2. The Commission will design mix, inspect materials and test samples during construction. Re- cord samples will also be taken. Copies of all reports to be sent to the City for their files and use. 3. The City will finance the work 100 percent and the Commission will reimburse the City, at the completion of the project and ac- ceptance by the City Engineer. for one-half the cost of the actual resurfacing items. Total cost of the reimbursement is not to ex- ceed $35,200. 4. Other items such as tree re- moval, curb and gutter replace- ment, widening sidewalk and drive- way construction that the City may elect to do in conjunction with this project will be entirely at City expense. 5. Within 90 days after approving this agreement, the Council agrees to pass and make effective an ordinance prohibiting parking of any nature on the north side of i Dodge Street (US 20) between Gran Lane, Stree The and Janu hibiti the betw point Lane Grand Avenue and Bissell immediately west of Locust t. Council also agrees to pass make effective no later than ary 1, 1964, an ordinance pro- ng parking of any nature on south side of Dodge Street, een Grandview Avenue and a immediately opposite Bissell One lane of parallel parking will be permitted on the south side of Dodge Street until the ef. fective date of the parking ban, but in no event, later than Janu- ary 1, 1964. No loading or unloading of trucks will be permitted on the present 50 foot wide pavement. Parking shall be prohibited on the minor street approaches for a distance of 35 feet in advance of the stop sign. Parking shall be prohibited on the exit sides of the minor streets for a distance of 35 feet back of the crosswalk. In the event the City of Dubuque fails to pass and/or enforce either of the aforesaid ordinances, the City agrees, upon demand by the Commission, reimburse the Iowa State Highway Commission in the amount equal to the sum expended by the Commission on tae Project. 6. Within 90 days after approving this agreement, the Council will by ordinance establish access con- trol under the provisions of Chap. ter 306A, Code of 1958, prohibiting ingress or egress to, from or across said facility to or from abutting lands, except at such designated points at which access may be per- mitted by the Commission, upon such terms and conditions as may be specified from time to time. Access rights will not be destroyed except by purchase or appropriate condemnation proceedings thereof, condemnation proceedings thereof. However, such access rights shall be subject to such regulations in the interest of public welfare and safety as the City and Commission may agree upon, provided that no additional access ways of change of use shall be permitted by the City without the consent and ap- proval of the Commission. The Council will also authorize the Commission to acquire right-of-way and access rights by purchase or condemnation, as shown on the plans for Project Number U-305, and more specifically described as follows: on Dodge Street (US 20) from Grandview Avenue to Bluff Street. The Council authorizes the Com- mission to contruct and preserve, within the limits of the right -of. way, such physical barriers as the 196 Regular Session, June 4, 1962 Commission deems necessary to prohibit or eliminate or unlawful means of access to, of the or highway facility by pedestrian vehicular traffic, or for any purpose. Passed and adopted this 4th day of June, 1962. LOUIS SCHALLER Mayor I, Leo F. Frommelt, Clerk of City of Dubuque, Iowa, hereby certify that the above Agreement e as duly passed and adopted by Y l Dubuque, Iowa, on the 4th day of June, 1962, by the following call of yeas and nays recorded hereon. Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT City Clerk Approved and Agreed to this 20th day of June, 1962. IOWA STATE HIGHWAY COMMISSION Attest: L. M. CLAUSON Chief Engineer ROBERT KEIR Chairman To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets showing a schedule of the proposed valuation and assessments for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Resurfacing Project No. 2. Submitted 4.1, 1962. John L. White City Engineer Councilman Schreiber m o v e d that the communication be re- ceived and filed. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 108.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 7 are hereby de- termined to be the schedule of proposed assessments for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Resurfacing Project No. 2, and the valuations set out therein are hereby ap. proved. Adopted this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 10962 Preliminary Estimate, approval of plans, specifications, form of contract, plat and all other docu- ments for City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Resurfacing Project No. 2, Dodge Street from 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff Street, at an estimated cost of $74,461.65, presented and read. Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 110.62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council. Regular Session, June 4, 1962 19, -- ---- 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Resurfacing Project No. 2 Dodge Street from 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed assessments, they shall 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 prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the fund, bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved ap- proval of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 11161 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 109-62 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed some on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Hot Mix - Hot Laid Asphaltic Concrete Resur- facing Project No. 2 Dodge Street from 64 feet east of the east prop- erty line of Grandview Avenue to the east property line of Bluff Street. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 2nd day of July 1962, a public hearing will be held at 7:30 o'clock P.M. Daylight Saving Time in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and wake objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the im- provement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing 198 Regular Session, June 4, 1962 to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consid- eration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. June 1, 1962 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received on May 14, 1962 for the City of Du- buque 1962 Grading Project No. 1. The lowest bid entered was sub- mitted by the Steger Construction Company of Dubuque, Iowa. The awarding of this contract was postponed on May 14, 1962, until the right-of-way for Grandview Avenue was obtained. All of the required right-of-way has now been deeded to the City of Dubuque for the improvement. I recommend that the contract for the improvement be awarded to the Steger Construction Com- pany of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Mayor Schaller moved the ap- proval of the recommendation of the City Manager. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 112-62 (Awarding Contract) WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1962 Grad- ing Project No. 1 pursuant to Reso. lution No. 73-62 and notice to bid. ders published in a newspaper pub- lished in said City on April 23, 1962 and April 30, 1962; and WHEREAS, said sealed proposals were opened and read on May 14, 1962, and it has been determined that the bid of Steger Construction Company of Dubuque, Iowa in the amount of $47,253.18 was the low. est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Steger Construction Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Approved and placed on file for one week on June 4, 1962. Passed and adopted this 4th day of June, 1962. LOUIS S('HALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop. Jon of the resolution. Seconded by "ounalman Schreiber. Carried by :he following vote: Yeas —Mayor Schaller, Council- men Horgan, K e a n, Schreiber, rakos. Nays—None. Regular Session, June 4, 1962 199 RESOLUTION NO. 11362 WHEREAS, Hartig Drug COm- pany has made an offer to pur- chase I.ot 2 of Lot 1 of Rigi Sub- division and Lot 2 of Lot 6 of Lot 12 of Mineral Lot 172, each in the City of Dubuque, Iowa for the SUM of Fourteen Hundred ($1400.00) Dollars; and WHEREAS, the City Council has made an examination and in- vestigation of the proposed use of the above described property by Hartig Drug Company; and WHEREAS, the City Council of Dubuque, Iowa finds that it would serve the best public interest that said offer of Hartig Drug Company to purchase the hereinabove de- scribed real estate for the sum of $1400.00 be accepted providing, however, that the following provi. sions be incorporated as the terms of grant on the part of Hartig Drug Company to be observed and com- plied with and upon a branch or failure to comply with said provi- sions, said real estate shall revert to the City of Dubuque absolutely, without re-entry, demand or notice of forfeiture, which provisions are as follows, to -wit: 1. No building or structure shall be erected on the property herein conveyed. 2. No building shall be erected on Lot 1 of Lot 6 of Lot 12 of Mineral Lot 172 having any part within four (4) feet of the east property line of Lot 1 of Lot 6 of Lot 12 of Mineral Lot 172. 3. No building shall be erected on Lot 1 of Lot 6 of Lot 12 of Mineral Lot 172 having any part thereof within fifteen (15) feet north of the northerly property line of Delhi Street, and no motor vehicles shall be parked or stored nor be permitted to be parked or stored within fifteen feet north of the northerly property line of Del- hi Street from the west line of North Grandview Avenue to the west property line of Lot 1 of Lot 6 of Lot 12 of Mineral Lot 172 and no improvement shall be made on said strip in excess of three feet in height. 4. No egress for motor vehicles shall be provided, made or per- mitted from Lot 1 of Lot 1 of Rigi Subdivision within one hun• dred feet north of Delhi Street. 5. Driveway located on Delhi Street furnishing access to Lot 1 of Lot 6 of Lot 12 of Mineral Lot 172 shall be eliminated and be permanently closed and no ingress or egress from or to said lot on Delhi Street shall be permitted for motor vehicles. 6. Ingress for motor vehicles to Lot 1 of Lot 6 of Lot 12 of Mineral Lot 172 shall only be permitted at the northerly portion thereof abutting the alley. WHEREAS, it is the expressed intention of the City of Dubuque, Iowa, to consider the grant to be made to the Hartig Drug Company of the property hereinabove de- scribed as a determinable fee; and WHEREAS, the City Council of Dubuque, Iowa, determines that no abstract of title shall be furnished the purchaser and the costs of publication shall be paid by the purchaser. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the City Clerk is hereby directed to publish notice to dispose of real estate to Hartig Drug Company for the sum of $1400.00 together with costs of publication and subject to the provisions set forth in this Resolu- tion, and that the date of hearing of said disposal of said real estate be and the same is fixed for the 2nd day of July, 1962 at 7:30 o'clock P.M. (Daylight Saving Time) at the City Council Chamber In the City Hall in the City of Du- buque, Iowa. Section 2. That the form of Deed (Without Warranty) proposed to be delivered to the purchaser, a copy of which is hereto attached, be and the same is hereby approved. Section 3. That Hartig Drug Com- pany accept the terms and pro- visions of this Resolution and exe- cute its agreement to comply with provisions hereof prior to delivery of deed by the City of Dubuque to said purchaser. 200 Regular Session, June 4, 1962 passed, adopted and approvednewspaper. general ofDubuque, circulaLion ed this 4th day of June, 1962. I, Iowa, the Cit Council of the City Mayor LOUIS SCHALLER Y of Dubuque Iowa, met on the JOHN P. SCHREIBER 4th day of June 1962 at 7:30 PETER J. TAKOS o'clock P.M. (Daylight Saving Time) JAMES J. KEAN in the City Council Chamber in ROBERT J. HORGAN the City Hall to consider the pro - Councilmen posal to dispose of the hereinafter Attest: LEO F. FROMMELT, described real estate, at which City Clerk hearing all interested parties were Mayor Schaller moved the adop- afforded an opportunity to be tion of the resolution. Seconded heard for or against such proposal; by Councilman Kean. Carried by and the following vote:WHEREAS, any and all objec- Yeas—Mayor Schaller, Council- tions thereto were over -ruled by men Horgan, Kean, Schreiber, the City Council; and Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to oposal to dispose of Lot 1 of�2eof. Lott 163 in L. H. Langworthy Addn- and Lot 1 of Lot 163 in L. H. Lang- worthy Addn., presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Two sealed bids were received and opened by the City Clerk on Lot 1 of 2 of Lot 163 and Lot 1 of Lot 163 all in L. H. Langworthy Addn. one from Joseph D. Vogt Jr. in the amount of $2300. and one from Charles & Doris Davis in the amount of $2001.00, together with their certified checks in the amount of $230. and $200.10 res- pectively. Councilman Schreiber moved that the bid of Joseph Vogt Jr. in the amount of $2300. be ac- cepted. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Nays—Councilman Takos. RESOLUTION NO. 114.62 WHEREAS, pursuant to Resolu- tion and Notice, which notice was published on the 14th day of May, 1962, and on the 21st day of May, 1962, in the Telegraph -Herald, a WHEREAS, pursuant to public notice sealed bids for the purchase of said property were taken and were at said time and place pre- sented to the City Council and opened and the highest sealed bid was determined to be that of Jo. seph D. Vogt Jr. of $2300.00, and it was thereupon determined that the bid of Joseph D. Vogt Jr. in the amount of $2300.00 was the best bid and should be accepted by the City. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid of Joseph D. Vogt Jr. in the amount of $2300.00 for the purchase of Lot 1 of 2 of Lot 163 in L. H. Lang - worthy's Addition in the City of Dubuque, Iowa, and Lot 1 of Lot 163 in L. H. Langworthy's Addi- tion in the City of Dubuque, Iowa, is hereby accepted and the Mayor and City Clerk are hereby author. ized and directed to execute the Quit Claim Deed of the City of Dubuque releasing and conveying to Joseph D. Vogt Jr. all of its rights, title and interest in and to the above described real estate and to deliver the same to the said Joseph D. Vogt Jr. upon receipt of $2300.00 in cash plus publica- tion costs in the amount of $27.70, and that no abstract of title be furnished to the buyer. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Regular Session, June 4, 1Jf12 201 Passed, adopted and approved i this 4th day of June A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER JAMES J. KEAN ROBERT J.HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Nays --Councilman Takos. Councilman Schreiber moved that the certified check submitted by Charles & Doris Davis be re- turned to them. Seconded by May- or Schaller. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of proposal to dispose of Lot 9 of Quigley's Subdivision of Out Lot 711 in the City of Dubuque, pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber, Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. One bid was received on the pur- chase of Lot 9 of Quigley's Sub- division of 0. L. 711, from Mrs. Charlotte McInerney. Before the bid was opened the City Clerk in- formed the Council that the bid was not received in the City Hall by four o'clock P.M. to be in con- formity with the published notice. The bid was actually received at 5:12 P.M. Councilman Takos moved that the time element be waived as to the receipt of the bid. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. The sealed bid of Charlotte M. McInerney in the amount of $125.00 was opened and read to- gether with a certified check en- closed in the amount of $12.50. Councilmen Kean moved that the bid of Charlotte M. McInerney in the amount of $125.00 be accepted for the purchase of Lot 9 of Quig- ley's Subdivision of Out Lot 711 in the City of Dubuque, Iowa. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 11542 WHEREAS, pursuant to Resolu- tion and Notice, which notice was published on the 14th day of May, 1962, and on the 21st day of May, 1962, in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa, met on the 4th day of June 1962 at 7:30 o'clock P.M, (Daylight Saving Time) in the City Council Chambers in the City Hall to consider the proposal to dispose of the thereinafter describ- ed real estate, at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal; and WHEREAS, any and all objec- tions thereto were over -ruled by the City Council; and WHEREAS, pursuant to public notice sealed bids for the purchase of said property were taken and were at said time and place pre- sented to the City Council and opened and the highest sealed bid was determined to be that of Char- lotte M. McInerney, of $125.00, and it was thereupon determined that the bid of Charlotte M. McInerney in the amount of $125.00 was the best bid and should be accepted by the City. NOW THEREFORE BE IT RE - OF THECITY E E CITY COUNCEL OF DUBUQUE, IOWA: Section 1. That the bid of Char- lotte M. McInerney in the amount 200 Regular Session, June 4, 1963 Passed, adopted and approved this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMIELT, City Cler Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider proposal to dispose of Lot 1 of 2 of Lot 163 in L. H. Langworthy Addn. and Lot 1 of Lot 163 in L. H. Lang- worthy Addn., presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Two sealed bids were received and opened by the City Clerk on Lot 1 of 2 of Lot 163 and Lot 1 of Lot 163 all in L. H. Langworthy Addn. one from Joseph D. Vogt Jr. in the amount of $2300. and one from Charles & Doris Davis in the amount of $2001.00, together with their certified checks in the amount of $230. and $200.10 res- pectively. Councilman Schreiber moved that the bid of Joseph Vogt Jr. in the amount of $2300. be ac- cepted. Seconded by Mayor Schal- ler. Carried by the following vote Yeas --Mayor Schaller, Council men Horgan, Kean, Schreiber Nays—Councilman Takos. newspaper of general circulation published in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa, met on the 4th day of June 1962 at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chamber in the City Hall to consider the pro- posal to dispose of the hereinafter described real estate, at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal; and WHEREAS, any and all objec- tions thereto were overruled by the City Council; and WHEREAS, pursuant to public notice sealed bids for the purchase of said property were taken and were at said time and place pre- sented to the City Council and opened and the highest sealed bid was determined to be that of Jo- seph D. Vogt Jr. of $2300.00, and it was thereupon determined that the bid of Joseph D. Vogt Jr. in the amount of $2300.00 was the best bid and should be accepted by the City. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid of Joseph D. Vogt Jr. in the amount of $2300.00 for the purchase of Lot 1 of 2 of Lot 163 in L. H. Lang* worthy's Addition in the City of Dubuque, Iowa, and Lot 1 of Lot 163 in L. H. Langworthy's Addi. tion in the City of Dubuque, Iowa, is hereby accepted and the Mayor and City Clerk are hereby author- ized and directed to execute the Quit Claim Deed of the City of Dubuque releasing and conveying to Joseph D. Vogt Jr. all of its rights, title and interest in and to the above described real estate and to deliver the same to the said Joseph D. Vogt Jr. upon receipt of $2300.00 in cash plus publica tioncosts in the amount of $27.70, and that no abstract of title be furnished to the buyer. 1 k RESOLUTION NO. 114.62 Section 2. That the City C er WHEREAS, pursuant to Resolu- be and he is hereby authorized and tion and Notice, which notice was directed to record a certified copy published on the 14th day of May, of this Resolution in the office of 1962, and on the 21st day of May, the County Recorder of Dubuque 1962, in the Telegraph -Herald, a County, Iowa. Regular Sessiim, June 4, 1962 201 Passed, adopted and approved this 4th day of June A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second. ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Nays—Councilman Takos. Councilman Schreiber moved that the certified check submitted by Charles & Doris Davis be re- turned to them. Seconded by May- or Schaller. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of proposal to dispose of Lot 9 of Quigley's Subdivision of Out Lot 711 in the City of Dubuque, pre- sented and read. N and the set M pro and Sch o written objections were filed no objectors were present in Council Chamber at the time for the public hearing. ayor Schaller moved that the of of publication be received filed. Seconded by Councilman reiber. Carried by the following vote: Yeas—Mayor men Horgan, Takos. Nays—None. Schaller, Council - Kean, Schreiber, One bid was received on the pur- chase of Lot 9 of Quigley's Sub- division of O. L. 711, from Mrs. Charlotte McInerney. Before the bid was opened the City Clerk in- formed the Council that the bid was not received in the City Hall by four o'clock P.M. to be in con. formity with the published notice. The bid was actually received at 5:12 P.M. Councilman Takos moved that the time element be waived as to the receipt of the bid. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. The sealed bid of Charlotte M. McInerney in the amount of $125.00 was opened and read to- gether with a certified check en- closed in the amount of $12.50. Councilmen Kean moved that the bid of Charlotte M. McInerney in the amount of $125.00 be accepted for the purchase of Lot 9 of Quig- ley's Subdivision of Out Lot 711 in the City of Dubuque, Iowa. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 115.62 WHEREAS, pursuant to Resolu- tion and Notice, which notice was published on the 14th day of May, 1962, and on the 21st day of May, 1962, in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, the City Council of the City of Dubuque, Iowa, met on the 4th day of June 1962 at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chambers in the City Hall to consider the proposal to dispose of the thereinafter describ- ed real estate, at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal; and WHEREAS, any and all objec- tions thereto were over -ruled by the City Council; and WHEREAS, pursuant to public notice sealed bids for the purchase of said property were taken and were at said time and place pre. sented to the City Council and opened and the highest sealed bid was determined to be that of Char- lotte M. McInerney, of $125.00, and it was thereupon determined that the bid of Charlotte M. McInerney in the amount of $125.00 was the best bid and should be accepted by the City. NOW THEREFORE BE IT RE- SOLVED CITY COUNCIL OF THE CITYE OF DUBUQUE, IOWA: Section 1. That the bid of Char- lotte M. McInerney in the amount '(►_ Regular Session, June 4, 1962 of $125.00 for the purchase of Lo 0 of Quigley's Subdivision of Ou Lot 711 in the City of Dubuque Iowa is hereby accepted and thi llfayor and City Clerk are hereb: authorized and directed to execut, the Quit Claim Deed of the City o; Dubuque releasing and conveyinf to Charlotte M. McInerney all of its rights, title and interest in ane to the above described real estatt and to deliver the same to thf said Charlotte M. McInerney upon receipt of $125.00 in cash plu: publication costs in the amount of $25.67, and that no abstract of title be furnished to the buyer. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 4th day of June A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 116-62 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all other documents for the construction of a thirty six inch (36") and twenty four inch (24") Storm sewer in Avalon Road, Hillcrest Road and Deborah Drive beginning at the existing manhole in Lot 2-2.2-A of Hillcrest Park, thence westerly to Avalon Road, thence north in Ava. lon Road to Hillcrest Road, thence west on Hillcrest Road to Lot 8, Block 1 of Hillcrest Heights, thence northerly to Lot 6 Block I Hillcrest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road, at an esti. mated amount of $34,500.00, p sented and read. Councilman Takos moved t adoption of the resolution. Seeor ed by Councilman Kean. Carri by the following vote: Yeas—Mayor Schaller, Counc men Horgan, Kean, Schreibi Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 117-62 Whereas, proposed plans, spec fications, form of contract hal been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The street to be improved. 2. The plan of such inihrovc- ment. 3. An estimate of the cost of the proposed improvement. For the constuction of a thirty-six inch (36") and twenty-four inch (24") storm sewer in Avalon Road, Hillcrest Road and Deborah Drive beginning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of Lot A of Hillcrest Park, thence west- erly to Avalon Road, thence north in Avalon Road to Hillcrest Road, thence west on Hillcrest Road to Lot 8 Block 1 of Hillcrest Heights, thence northely to Lot 6 Block 1 of Hillcrest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road. BE IT THEREFORE RESOLVED that the City Council on its own oration or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare 'o make the herein mentioned im- provement, and unless property )wners at the time of the final :onsideration of this proposed -esolution have on file with the "'ity Clerk objections to the imount of the cost of improve- nent, they shall be deemed to lave waived all objections thereto. Said improvement shall be con- tructed and done in accordance vith the plans and specifications Mich have been prepared there - or by the City Engineer which lave been approved by the City :ouncil and are now on file with he City Clark. That the cost and xpense of making said improve- Regular Session, June 4, 1962 203 ment will be paid from the Kauf. mann Avenue -East 17th Street Storm Sewer Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved ap- proval of the resolution. Second- ed by Councilman Schreiber. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 11"2 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of a thirty-six inch (3611) and twenty-four inch (24") storm sewer in Avalon Road, Hillcrest Road and Deborah Drive beginning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of A of Hillcrest Park, thence westerly tc Avalon Road, thence north in Ava Ion Road to Hillcrest Road, thence west on Hillcrest Road to Lot f Block 1 of Hillcrest Heights thence northerly to Lot 6 Block ] of Hillcrest Park, thence west V Deborah Drive, thence northerl: in Deborah Drive to Carter Road BE IT THEREFORE RESOLVEI that on the 2nd day of July, 1962 a public hearing will be held a 7:30 P.M., Daylight Saving Time in the Council Chamber of th, City of Dubuque at which time th objectors for the proposed i►r provement may appear and mak objection to the proposed plan and specifications and propose form of contract, to the cost of th mprovement and the City Clerk e and he is hereby directed to ause a notice of the time and dace of such hearing to be pub. ished in some newspaper pub- ished in the City of Dubuque vhich shall be not less than ten 10) days prior to the day fixed or it's consideration, the City ;lerk be and he is hereby directed o have published the Notice of 'endency for said improvement, and the City Clerk is hereby di- •ected to advertise for proposals 'or the construction of the im- ,)rovement. Passed, adopted and approved ,his 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen .Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the construction of a 15' storm sewer extension beginning at the exist- ing storm sewer at the easterly end of Tressa Street, thence south- easterly 265 feet; and a twelve inch (12") storm sewer draining River Ridge southerly 175 feet; both extensions converging at a common point in Lot No. 26 of the Subdivision of Mineral Lot 39, at an estimated cost of $3900.00, pre- sented and read. Councilman Kean moved that the proof of publication be re, ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller' Council• men Horgan, Kean, Schreiber, Takos. Nays—None. 204 Regular Session, June 4, 1962 (Necessity for Improvement) RESOLUTION NO. 94-62 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the prcposed improvement. For the construction of a fifteen inch (15") storm sewer extension beginning at the existing storm sewer at the easterly end of Tressa Street thence southeasterly 265 feet; and a twelve inch (12") storm sewer extension from the exist- ing storm sewer draining River Ridge southerly 175 feet; both ex- tensions converging at a common point in Lot No. 26 of the Subdi- vision of Mineral Lot 39. BE IT FURTHER RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the CIty Clerk objections to the amount of the cost of improve- ment, they shall be seemed to have waived all objections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared there. for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sani- tation Fund. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 7th day of May, 1962. Approved and placed on file for final action. Record of Final Adoption The foregoing resolution was finally adopted, as proposed by the City Council this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car. ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of publication, certified to by the Publisher, of Notice to con. tractors of the receipt of proposals for the construction of the Tressa. Dinsney storm sewer, presented and read. Councilman Kean moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 119-62 (Ordering Construction) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 94- 62 which was duly passed by this Council for the construction of a fifteen inch (15") storm sewer ex- tension beginning at the existing storm sewer at the easterly end of Tressa Street thence southeast- erly 265 feet: and a twelve inch (1211) storm sewer extension from the existing storm sewer draining River Ridge southerly 175 feet: both extensions converging at a common point in Lot No. 26 of the subdivision of Mineral Lot 39. Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of the property owners. All the work shall be constructed in accord- ance with the plans and specifi- cations heretofore adopted and now on file in the office of the City Clerk. Regular Session, June 4, 1962 W5 BE IT FURTHER RESOLVED tha tthe cost and expense of the said improvement be paid from the Sanitation Fund. BE IT FURTHER RESOLVED that this resodlution 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 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas ---Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. June 4, 1962 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 a.m. (D.S.T.) June 4, 1962, for the Tressa-Dinsney Street Storm Sewer. The lowest bid entered was submitted by the Saffran Construc- tion Company of Dubuque, Iowa. A tabulation of the bids submitted is attached. I recommend that the contract for the improvement be awarded to the Saffran Construction Com- pany. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber Takos. Nays—None. (Awarding Contract) RESOLUTION NO. 120.62 WHEREAS, sealed proposal' have been submitted by contractor, he Tressa-Dinsney Street morn fewer pursuant to Resolution No. 119-62 and notice to bidders pub- lished in a newspaper published in said City on May 11, 1962 and May 18, 1962; and WHEREAS, said sealed pro- posals were opened and read on June 4, 1962, and it has been de- termined that the bid of Saffran Construction Company of Dubuque, Iowa in the amount of $3,548.00 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffran Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. June 1, 1962 To the Honorable Mayor and City Council Gentlemen: On May 14, 1962, Earl C. Miller. 543 West 8th Street, was charged with conducting his place of busi- ness in a disorderly manner, in violation of Section 32 of Ordinance 9.35. 206 Regular Session, June 4, 1962 On May 15, 1962, Earl C. Miller was fined $50.00 in the Police Court of the City of Dubuque for violation of this ordinance. I therefore recommend that ClasF "B" Beer Permit #9, issued in the name of Earl C. Miller, be revoked, pursuant to Section 30 and Section 31 of Ordinance No, 9.35. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 121.62 WHEREAS, the City Council of Dubuque, Iowa, on the 29th day of December, 1961, caused to be issued a Class "B" Beer Permit bearing the number #9 to Earl C. Miller of Dubuque, Iowa, oper- ating at 543 West 8th Street, Du- buque, Iowa, and WHEREAS, it has come to the attention of the City Council that the owner of said permit has for. feited a $50.00 bond on charge of violation of Section 32 of Ordi- nance 9-35, same being the Beer Ordinance of the City of Dubuque, Iowa, passed pursuant to Chapter 124 of the Code of Iowa, NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Class 'B" Beer Permit #9, heretofore issued to Earl C. Miller of Dubuque, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return same for cancellation. Passed, adopted and approved this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 122-62 WHEREAS, the City Council of Dubuque, Iowa, finds that there are one or more slum or blighted areas existing in the City of Dubuque, Iowa-, and WHEREAS, the City Council of Dubuque, Iowa, finds that the re- habilitation, conservation, redevel- opment, or a combination thereof of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the City of Du- buque, Iowa, exercise the authority conferred upon City of Dubuque, Iowa by Chapter 403 of the 1958 Code of Iowa. Passed, adopted and approved this 4th day of June, A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the. resolution. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. RESOLUTION NO. 123.62 WHEREAS, the City Council of Dubuque, Iowa, has heretofore filed application for financial as- sistance under Title I of the Hous- ing Act of 1949, as amended, to assist in financing the preparation of a Community Renewal Program for City of Dubuque, Iowa. Regular Session, June 4, 1962 207 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of ap- plication for financial assistance under Title I of the Housing Act of 1949, as amended, to assist in financing the preparation of a Community Renewal Program for City of Dubuque, Iowa, be and the same is hereby approved and ratified. Passed, adopted and approved this 4th day of June A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JAMES P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller. Council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. RESOLUTION NO. 124.62 WHEREAS, the City of Dubuque, Iowa, intends to exercise its urban renewal project powers through the Building Supervisor acting under the City Manager. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the urban renewal project powers shall be exercised through the Building Supervisor acting under the City Manager of Dubuque, Iowa, as provided for in Section 403.14 of the 1958 Code of Iowa. pissed, adopted and approved 4th day of June, A.D., 1962, by limous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen ttest: LEO F. FROMMELT City Clerk layor Schaller moved the a( i of the resolution. Seconde by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. May 25, 1988 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for your consideration is subdivision plat of Blocks 1, 2, 3 and 4 of Sunset Park. This plat has been approved by the Planning & Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission Owen Riley Secretary Mayor Schaller moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 125.62 Resolution Approving the Plat of Blocks 1, 2, 3 and 4 of Sunset Park Subdivision in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat in which: The West three (3) acres of Lot 1 and Lot 2 of Lot 3 in John P. Mettels Subdivision No. 2, Lot 3 Johansen Subdivision, Lot 2 of Lot 2 of the West % of the North East '14 of Section 21, Township 89 North, Range 2 East, Lot 1 of Lot 1 of the North East 34 of the North East Y4 of Section 21, Township 89 North, Range 2 East and the South 450 feet of Lot 1 of Min. eral Lot 451, all in the City of Dubuque, Iowa, is platted as Blocks 1, 2, 3 and 4, Sunset Park Subdivision in the CIty of Du- buque, Dubuque County, Iowa, by Schilts Development Corpora- tion as Owner thereof; and Whereas said plat has been ex- amined by the City Plan Commis- sion ody; and approved by d and • 08 Regi lar Session, June 4, 1962 Whereas upon said plat appears streets to be known as "Kimber- ly Drive," "Kaufmann Avenue," "Tibey Court" and "Waller Street" and also easements for public util- ities which the owner upon said plat has dedicated to the public forever; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto except that the streets have not been reduced to grade or paving, sewer or water services, or sidewalks installed therein; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Kimberly Drive, Kaufmann Ave- nue, Tibey Court and Waller Street, together with the ease- ments for public utilities, all as the same appear upon said plat, be and the same are hereby ac- cepted and that said streets be and they are hereby established as public streets in the City of Dubuque; Section 2. That the plat of the subdivision of the West three (3) acres of Lot 1 and Lot 2 of Lot 3 in John P. Mettels Subdivision No. 2, Lot 3 of Johansen Subdivi- sion, Lot 2 of Lot 2 of the West % of the North East V4 of Section 21, Township 89 North, Range 2 East, Lot 1 of Lot 1 of the North East V4 of the North East V4 of Section 21, Township 89 North, Range 2 East and the South 450 feet of Lot 1 of Mineral Lot 451 all in the City of Dubuque, Iowa, which will hereafter be known as Blocks 1, 2, 3 and 4 of Sunset Park Sub- division in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat, providing the owner of said property, here- inbefore named, executes written acceptance hereto attached, agree- ing: a. To reduce Kimberly Drive, Kaufmann Avenue, Tibey Court and Waller Street to grade, as shown by the pro- files submitted with the plat; b. To surface Kimberly Drive, Tibey Court and Waller Street for a width of 30 feet and Kaufmann Avenue for a width of 36 feet with 8 inch rolled stone base, 2% inch hot mixed, hot laid, Asphaltic Concrete Surfacing and with concrete curb and gutter. All the foregoing shall be con- structed according to the lat- est City of Dubuque Specifi- cations. The cost of improving Kauf- mann Avenue over 30 feet in width will be at the expense of the City of Dubuque. c. To install sidewalks on both sides of Kimberly Drive, Kaufmann Avenue, Tibey Court and Waller Street, in accordance with City of Du- buque Standard Specifica- tions for Permanent Side- walks; d. To install water mains in ac- cordance with plans submit- ted with the plat; e. To install storm and sanitary sewers in accordance with plans submitted with the plat; f. To install sanitary sewers and water house laterals for each lot to behind the pro- perty line; g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Man- ager and under the inspec- tion of the City Engineer; h. To maintain the street im- provements for a period of four (4) years from the date of their acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of its acceptance. i. To provide the foregoing con- struction and maintenance at the expense of the Owner; j. To construct said improve- ments except sidewalks prior to November 30, 1963; k. To construct sidewalks prior to November 30, 1964; and further provided that Schiltz Development Corporation as Own- er of said Subdivision secure the performance of the foregoing con- Regular Session, June 4, 1962 209 ditions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event that said Schiltz Development Corpora- tion shall fail to execute the ac. ceptance and provide security pro- vided for in Section 2 hereof with- in forty-five (45) days from the date of this Resolution the provi- sions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 4th day of June, A.D. 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk. To Leo F. Frommelt, City Clerk: This is to certify that the secur• ity required by the foregoing Reso• lution 125-62 has been provided by the Owner. Dubuque, Iowa, July 5, 1962. GILBERT D. CHAVENELLE ACCEPTANCE OF RESOLUTION NO. 125—b2 Schiltz Development Corporation, having read the terms and con- ditions of the foregoing Resolution No. 125-62, and being familiar with the contents thereof, hereby accepts the same and agrees to per- form the conditions therein re- quired. SCHILTZ DEVELOPMENT CORPORATION J. H. Schiltz, President L. J. Shiltz, Secretary Dated: June 5, 1962. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Morgan, Kean, Schreiber, Takos. Nays—None. May 25, 1962 To the Honorable Mayor and City Council. Gentlemen: Herewith submitted `- your consideration is subdivi. sion plat of Blocks 1, 2 and 3 of Johansen Sub. No. 1. This plat has been approved by the Planning and Zoning Commis. sion. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION By Owen Riley, Secretary Mayor Schaller moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 126--62 Resolution Approving the Plat of Blocks 1, 2 and 3 of "Johansen Subdivision No. 1" in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat in which: Lot i and Lot 2 of "Johansen Subdivision" in the City of Du- buque, Iowa is platted as Blocks 1, 2 and 3 of "Johansen Subdivision No. 1" in the City of Dubuque, Iowa by Paul D. Johansen and Elfrida M. Johansen, husband and wife, as Owners thereof; and Whereas, said plat has been ex- amined by the City Plan Commis- sion and approved by said Body; and Whereas, upon said plat appears street to be known as "Kimberly Drive" and also easement for pub- lic utilities which the owner upon said plat has dedicated to the public forever; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi. nances relating thereto except that the street has not been re- duced to grade, or pavement, sew- er or water services or sidewalks installed therein. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Kimberly Drive together with easements for the public utilities. all as the same appears upon said 210 Replar Session, June 4, 1962 plat, be and the same are hereby accepted and that said street be and it is hereby established as public street in the City of Du- buque; Section 2. That the plat of the Subdivision of Lot 1 and Lot 2 of "Johansen Subdivision" in the City of Dubuque, Iowa, which will hereafter be known as Blocks 1. 2 and 3 "Johansen Subdivision No. 1" in the City of Dubuque, Iowa. is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque upon said plat, providing the own- ers of said property, hereinbefore named, executes his written ac- ceptance hereto attached, agree- ing: a. To reduce Kimberly Drive to grade as shown by the pro- files submitted with the plat; b. To surface Kimberly Drive as the same appears on the plat, for a width of 30 feet from curb face to curb face, with 8 inch rolled stone base, 21/2 inch hot mix, hot laid, Asphaltic Concrete Surfacing, with concrete curb and gut- ter. All the foregoing to be constructed according to the latest City of Dubuque Spe- cifications. c. To install sidewalks on both sides of Kimberly Drive in accordance with the City of Dubuque Standard Specifica- tions for permanent side- walks; d. To install Water Main in ac- cordance with plans submit. ted with the plat; e. To install storm and sani- tary sewers in accordance with the plans submitted with the plat; f. To install sanitary sewer and water house laterals for each lot from the main to behind the property line of Kimber- ly Drive and Kaufmann Ave nue; g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Man- ager and under the inspec- tion of the City Engineer; h. To maintain the street im- provements for a period of four (4) years from the date of their acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of its acceptance; i. To provide the foregoing con. struction and maintenance at the expense of the Owner; j. To construct said improve- ments, except sidewalks, pri- or to November 30, 1963; k. To construct said sidewalks prior to November 30, 1964; and further provided that Paul D. Johansen and Elfrida M. Johansen, husband and wife, as Owners of said subdivision, secure the per- formance of the foregoing condi- tions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Paul D. Johansen and Elfrida M. Johansen should fail to execute the acceptance and provide the se- curity provided in Section 2 here- of within forty-five (45) days from the date of this resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 4th day of June, A.D., 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk. To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Resolution No. 126-62 has been provided by the Owners. Dubuque, Iowa, July 5, 1962. GILBERT D. CHAVENELLE City Manager ACCEPTANCE OF RESOLUTION NO. 126--52 Paul D. Johansen and Elfrida M. Johansen, husband and wife, have read the terms and conditions of the foregoing Resolution No. 126- 62 and being familiar with the Regular Session, June 4, 1962 211 contents thereof hereby accept the same and agree to perform the conditiPns therein required. AUL D. JOHANSEN ELFRIDA D. JOHANSEN June 15, 1962. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. APPLICATION FOR ANNEXATION To: The Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. We, the undersigned, record title owners of the following described real estate, which is contiguous to the City of Dubuque, Iowa, do hereby request and petition that the following described real es- tate be answered to, and made a part of the City of Dubuque, Iowa, to -wit: West 751.5' of Lot 1 of Lot 1 of Lot 1 of Southeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 2 East of the 5th P.M.; in the Coun- ty of Dubuque, Iowa, and East 80 feet of West 130 feet of West 430 feet of Lot 2 of Lot 2 of Southeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 2 East of the 5th P.M.; in the County of Dubuque, Iowa; All of the above according to recording plats thereof. Attached hereto and made a part hereof by this reference, marked Exhibit "A" is a plat showing the above described real estate in relation to the existing limits of the City of Dubuque, Iowa. ROBERT ROUSSEL RITA ROUSSEL JOHN LINK Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Ilorgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 127-42 RESOLUTION EXTENDING CITY LIMITS WHEREAS, the owners of an area approximately 17.62 acres in size immediately adjoining the westerly city limits of the city of Dubuque, Iowa, in the vicinity of Pennsylvania Avenue, have made application for annexation of said territory to the City of Dubuque, Iowa; and WHEREAS, said territory is be. ing substantially built up; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection in said territory if in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, sewer and other municipal services if said territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1958, authorizes the ex- tension of city limits in situations of this character by the adoption of a resolution therefore; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and WHEREAS, it is necessary to provide for the orderly and syste. matic growth and development of the territory adjoining the City of Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended westerly in the vicinity of Pennsylvania Avenue by annexing to the City of Du- buque, Iowa, the territory em- braced within the following de- scribed boundaries, to wit: oint on Beginning ot exist- ing Line ofthe City Corporation 212 Regular Session, June 4,__1962 of Dubuque, Iowa, where the same is intersected by the North- erly Line of Lot 5 of Lange's Subdivision: thence easterly along the Southerly Line of Lot 1 of Lot 1 of Lot 1 of the South- east Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 2 East of the 5th P. M. for 50 feet; thence South 0°56' east for 329.28 feet to the Southerly Line of Section 21, Tgwnship 89 North, Range 2 East of the 5th P. M.; thence easterly along said Southerly Line of Section 21 for 80 feet: thence north 0156' west for 1,306 feet where same is inter- sected by the existing Corpora- tion Line of the City of Dubuque, Iowa. As shown on the plat attached hereto and by this reference made a part hereof, with the boundaries of said area being outlined in red thereon. , Passed, adopted, and approved this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 128-62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Irvin 0. Nachtman, 2595 Rhom- berg Avenue. BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 4th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 129--42 WHEREAS, applications f or Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Fred A. Donath, 400 Iowa Street. Mrs. Gloria Glynn, 655 Central Avenue. Noah McNamer, 216 West lsl Street. Paul Schollmeyer, 176 Locust Street. Irvin 0. Nachtman, 2595 Rhom- berg Avenue. Mrs. Denise M. O'Neill, 55 Lo- cust Street. John D. Best, 1487 Central Ave- nue. Robert J. Friedman, 620 East 16th Street. Thomas P. Richman, 2319 Prince Street. CLASS "B" BEER PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 Locust Street. CLASS "C" BEER PERMIT Hillcrest Eagle, Inc., 3033 Asbury Street. Eagle -Dubuque, Inc., 1800 Elm Street. Leonard A. Hafeman, 785 Grove - land Place. Regular Session, June 4, 1962 213 Passed, adopted and approved this 4th day of June, 1962, LOUIS SCHALLER Mayor. JOHN P. SCHREIBER Mayor. PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen. Attest: LEO F. FROMMELT City Clerk. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Ycas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 130-62 WHEREAS, application for Beer Permits were filed by the within named applicants and they have received the approval of this Coun• cil; WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Name Address Michael McMahon, 45 Bissell Lane. Fred A. Donath, 400 Iowa Street. Airs. Gloria Glynn, 655 Central Avenue. Noah McNamer, 216 West 1st Street. Paul Sehollmeyer, 176 Locust Street. Irvin 0. Nachtman, 2595 Rhom- berg Avenue. Mrs. Denise M. O'Neill, 55 Lo- cust Street. John D. Best, 1487 Central Ave nue. Robert J. Friedman, 620 East 16th Street. Thomas P. Richman, 2319 Prince Street. CLASS "B" BEER PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 1 o st Street. CLASS "C" BEER PERMIT Hillcrest Eagle, Inc., 3033 As- bury Street. Eagle -Dubuque, Inc., 1800 Elm Street. Leonard A. Hafeman, 785 Grove - land Place. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 4th day of June, 1962. LOUIS SCHALLER Mayor. JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen. Attest: LEO F. FROMMELT City Clerk. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller. Council- men Morgan, Kean, Schreiber, Takos. Nays—None. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council• men Horgan. Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT City Clerk. Approved Noyember... 19,f ...1962 Adopted November 19, g 2 ........._..��..........�7 . City Clerk 214 Special Session, june 5, 1962 CITY COUNCIL (OFFICIAL) Special Session, June 5, 1962. Council met at 7:30 P. M. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof that this been duly madeand meeting is called for the purpose of declaring the results of the Spe- cial Election submitted to thethevoters on June 4, follow- ing proposition "Shall the follow- ing public meaadopted? of Dubuque, Iowa, Shall the City Establish a Municipal Court, and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proof of Publication, certified to by the Publisher of Mayors Proclamation of Special Election to be held on June 4, 1962 on the Public measure on the establish- ment of a Municipal Court, pre- sented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- man Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Ballot for Municipal Court Proposition, Ques- tion to be voted on at Special Elec- tion Monday, June 4, 1962, pre- sented and read. Councilman Kean moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. June 5, 1962 To the Members of the City Council, City Hall. Gentlemen: In accordance with the provi- sions of Section 50.21 of the 1958 Code of Iowa, we made a public canvass on June 5, 1962, of the election returns of the Special Election held on June 4, 1962 on the following public measure: SHALL THE CITY OF DU- BUQUE, IOWA, ESTABLISH A MUNICIPAL COURT? and here- with submit the report of the re- sults of said canvass. Total Votes Precinct Yes No. Cast First 141 91 232 Second 177 78 255 Third 119 131 250 Fourth 75 60 135 Fifth 121 27 148 Sixth 207 117 324 Seventh 13 16 29 Eighth 81 37 118 Ninth 41 43 84 Tenth 149 79 228 Eleventh 64 25 89 Twelfth 90 62 152 Thirteenth 135 113 248 Fourteenth 160 98 258 Fifteenth 52 27 79 Sixteenth 180 69 249 TOTALS 1805 1073 2878 We, Louis Schaller, Mayor and Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, hereby certify that we publicly canvassed the election returns of the Special Election held on June 4, 1962. Respectfully submitted, LOUIS SCHALLER Mayor LEO F. FROMMELT City Clerk. Councilman Takos moved that the canvass be received and made a matter of record. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. I Nays—None. Special Session, June 5, 1962 215 RESOLUTION NO. 131-62 WHEREAS the Mayor and City Clerk have heretofore pursuant to the provisions of Section 50.20 1958 Code of Iowa, met and can- vassed the returns of the SPECIAL ACTION held in the City of Dubuque, Iowa, on June 4, 1962 and certified the result of their canvass to the City Council, and WHEREAS the City Council has examined said certificate and finds that the following public measure „SELL THE CITY OF DU- BUQUE, IOWA, ESTABLISH A MUNICIPAL COURT'. was voted upon by the electors of the City showing the following results: YES 1805 VOTES NO 1073 VOTES TOTAL VOTES 2878 NOW THEREFORE BE IT RE- SOLVED �CITY B E CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the majority of the votes cast in favor of the Court proposition would indicate the es- tablishment of a Municipal Court for the City of Dubuque, Iowa. Section 2. That the Mayor is hereby instructed to transmit to the Governor, the Secretary of State and the County Auditor, each a certificate showing that such Court proposition was adopted. Passed, adopted and approved is 5th day of June, 1962. LOUIS SCHALLER Mayor. JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen. Attest: LEO F. FROMMELT City Clerk. Mayor Schaller moved the adop- on of the resolution. Seconded y Councilman Takos. Carried by ale following vote: Yeas—Mayor Schaller, Council - len Horgan, Kean, Schreiber, 'akos. Nays—None. Petition of Dubuque Sports Bowl equesting permission to display ireworks in conjunction with a tock car racing program to be field on July 4, 1962, presented find read. Mayor Schaller moved that the petition be granted subject to pro. per supervision. Seconded by Coun. cilman Kean. Carried by the fol- lowing vote: Years—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of B k G Automotive Parts, Inc., requesting permission to excavate in the alley (10 year) at the rear of their property be- tween Iowa and Central and 10th and 11th Street, presented and read. Councilman Schreiber moved that the petition be granted. Sec- onded by Councilman Kean. Car. ried by the following vote: Years—Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business, Councilman Schreiber moved to adjourn. Seconded by Councilman Takos. .Carried by the following vote: Years—Mayor Schauer, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMXMT City Clerk November 19, .1962. Approved .............................. Adopted .... /: N0°AQber...19a..1962. , ................... City Clerk 216 Special Session, June 25, 1962 CITY COUNCIL OFFICIAL. Special Session, June 25, 1962. Council met at 7:30 P. M. Day- light Saving Time. Present—Mayor Schaller, Coun• cilmen Kean, Schreiber, Takos City Manager Gilbert D. Chave- nelle. Absent—Councilman Horgan. Mayor Schaller read the call and stated that service thereof had been duly made and this meeting is called for the purpose of direct. ing the issuance of cigarette and beer licenses and also acting on any other business as may pro- perly come before the meeting. Communication of D u b u q u e Dock Commission submitting a let- ter from the Dubuque Boat and Boiler Company requesting a clari- fication as to the title of their property prior to the building of marine ways on the north side of the Dubuque Ice Harbor, present- ed and read. Councilman Schreiber m o v e d that the communication be re- ferred to the City Council, City Manager, City Engineering Depart- ment and the City Solicitor for in. vestigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos, Nays—None. Absent—Councilman Horgan. June 19, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports for the month of May of the City Auditor, City Treasurer, City Health Department and City Water Works and the list of claims and payrolls for which warrants were issued for the month of May, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the reports be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Kean, Schreiber, Takos. Nays—None. Absent ---Councilman Horgan. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of May 1962, presented and read. Councilman Schreiber moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Takos. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. June 12, 1962 To the Honorable Mayor and City Council Gentlemen: On May 7, 1962 your Honorable Body adopted Resolution No. 90- 62 directing all owners of lots abutting on City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Paving Project No. 1 Sec- tions I and II to make connections from the sewer and water mains to the curb line of said lots prior to May 27, 1962, and further di- recting that this office proceed to have said connections made in the event any property owner shall fail to make said connections. This is to certify that the owners of the property listed on the at- tached schedule failed or refused to make said connections to said property prior to May 27, 1962; that pursuant to said resolution, I contacted Jack Jones and A-1 Plumbing & Heating. The cost of this work as shown on the at- tached statements is $1,611.95, which is now due and owing joint- ly to the above mentioned con- tractors. The cost of making said connections to be charged to each lot as shown on the attached sched- ule. I, therefore, recommend that the City Auditor be instructed to issue warrants drawn on the Street Road Use Fund (135-J-1), totaling $1,611.95; that the cost of such connections be assessed against said Lots as set forth in the at- tached schedule; and that the City Clerk be authorized and directed to Special Session, June 25, IW2 217 certify said assessments to the County Auditor to be collected in the same manner as general prop- erty taxes in accordance with Sec- tion 4 of Chapter 151 of the Acts of the 54th General Assembly of Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Schedule of Assessments For Sewer & Water Connections on Newly paved Streets as per Resolution No. 90-62 adopted May 7, 1962. City of Dubuque 1962 Hot Mix- ' Hot Laid Asphaltic Concrete Sur- facing Project No. 1 Section I & H. Cassilda Kurt, Lot 2, Bur- tons Addition ................$ 171.45 Vincent Conrad, Lot 2.2-2.2- 1.1-1, Mineral Lot 210.... 714.90 Vincent Conrad, Lot 1.2-1. 1-1, Mineral Lot 210...... 725.60 $1,811.95 Councilman Kean moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. June 25, 1962 To the Honorable Mayor and City Council Gentlemen: We have examined the petition of Falkenheiner Drug Co., 1097 University Avenue requesting per- mission to erect a canopy on the front and side of business building. According to Section 3809 of the Building Code Council approval is necessary. We recommend that this request be granted. Respeefully submitted, Gilbert D. Chavenelle City Manager Donald J. Bandy, Building Commissioner Councilman Kean moved that the recommendation of the City Man- ager and Building Commissioner be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. June 25, 1962 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor. SIDEWALK Ralph Reisen, Merchants Mutual Bonding Company. HEATING Alvin Anderson, Merchants Mutual Bonding Company. McCarten Plumbing & Heating, In- surance Company of North Amer- ica. EXCAVATION Loras Beadle, Auto Owners Mutual Insurance Company. H. M. Steger & F. T. Steger d/b/a, Steger Construction Company, Fidelity & Casualty Company of New York. Respectfully submitted, Gilbert D. Chavenelle, City Manager. Councilman Schreiber moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. June 18, 1962 Hon. Mayor & City Council City Hall Gentlemen: LeVita Thoman f i l e d claim, claiming injuries suffered as a result of a fall January 5, 1962 at 128 Stoltz St. in the City of Du- buque, Iowa; claiming that an ac- cumulation of snow and ice thereat caused her to fall and that as a result of said fall suffered a frac. ture to the right wrist. That LeVita Thoman has made an offer of settlement inisthe the amount of $200-00, and i recommendation of the City At. torney that said offer be accepted and that the City Auditor be in. structed to draw a warrant payable to Levita Thoman in the amount 218 Special Session, June 25, 1962 of $200.00, and to deliver the same upon receipt of a duly executed release. Respectfully submitted, R. N. Russo, City Attorney Councilman Schreiber m o v e d that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war- rant payable to Levita Thoman in the amount of $200.00 and deliver the same upon receipt of a duly executed release. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent --Councilman Horgan. June 18, 1962 Hon. Mayor & City Council City Hall Gentlemen: Eleanor C. Walser filed claim for damages as a result of a fall allegedly occurring on the 6th day of January 1962 at 1101 Washing- ton St., Dubuque, Iowa. Claimant claiming that she slipped and fell on sidewalk allegedly covered with ice and snow, and as a result there- of suffered injuries. The said Eleanor C. Walser has made an offer of settlement in the amount of $71.00, and it is the recommendation of the City At- torney that said offer be accepted and that the City Auditor be in structed to draw a warrant payable to Florence C. Walser and Harold F. Walser, her husband, in the amount of $71.00 and to deliver same to claimant upon receipt duly executed release. R. N. Russo City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war. rant payable to Eleanor C. and Harold F. Walser, in the amount of $71.00, and deliver the same to claimant upon receipt of a duly executed release. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Iiorgan June 18, 1962 Hon. Mayor & City Council City Hall Gentlemen: On the 30th day of November, 1961, Mrs. Mary O'Brien filed claim against the City of Dubuque, Iowa, for damages, claiming injuries as a result of a fall on a public side- walk on the south side of 5th St. between Main and Iowa St., claim- ing an allegedly defective sidewalk thereat. That said claimant has made an offer of settlement in the amount of $1,200.00 and to which settle- ment offer the abutting property owner has agreed to contribute the sum of $600.00. It is the recommendation of the City Attorney that the offer of settlement of Mrs. Mary O'Brien in the amount of $1,200.00 be ac- cepted and that the City Auditor be instruced to draw a warrant in the amount of $600.00 the City's share of said settlement amount, Payable to Mrs. Mary O'Brien and to transmit the same to the City Attorney for delivery to the claim- ant upon receipt of contribution from the abutting property owner in the amount of $600.00, and upon receipt of a duly executed release from said claimant. Respecfully submitted, R. N. Russo City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war- rant payable to Mrs. Mary O'Brien in the amount of $600. and transmit the same to the City Attorney. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Notice of claim of Walter Lester, in the amount of $30.00, for car damage incurred as the result of striking a defective manhole cover in Heeb street on June 13, 1962 presented and read. Councilin'in Takos moved that the notice of claim be referred to the City SOlic- itor for investigation and report• Special Session, June 25, 1962 219 Seconded by Councilman Schreiber. Carried by t or following Ycas—Maychaller, Council- men Kean, Schreiber, Takos. Absent—Councilman Horgan. Notice of claim of R. E. Wright, in the amount of $9.00, for plumb- ing expense incurred as the result of a backed up sewer at 685 Hill Street on May 26, 1962, presented and read. Councilman Takos moved that the notice of claim be refer- red to the City Solicitor for investi- gation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Notice of claim of Mary Monica Wagner, in an un -named amount, for personal injuries reecived as the result of striking an excavation in Shiras Street while riding a bicycle on May 13, 1962, presented and read. Councilman Takos moved that the notice of claim be refer. red to the City Solicitor for in- vestigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Notice of claim of Richard H. Valentine, in an un -named amount. for damage to his home on 2713 Beverly as the result of the city's use of a hydro hammer in the con- struction of the street on June. 22, 1962, presented and read. Coun- cilman Takos moved that the notice i of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. ORDINANCE NO. 44.62 An Ordinance granting to Carad- co, Incorporated, a corporation do- ing business in the City of Du- buque, Iowa, its successors and as- signs, the right to erect and main- tain two overhead pipe lines over and across 9th Street between Jackson and White streets at a point approximately above the east- erly line of the alley which is parallel to Jackson and White Streets in the City of Dubuque, Iowa, and the right to overhang said pipes above the easterly side of said alley projected approxi- mately two feet from buildings ad- jacent to the east side of said alley and extending northerly from said 9th Street a distance of ap- proximately 200 feet, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays --None. Absent—Councilman Horgan. ORDINANCE NO. 44.82 An Ordinance granting to Car- adco, incorporated, a corporation doing business 1n the Cit successors and Du- buque, Iowa,t assigns, the right to erect and maintain two overhead pipe lines over and across 9th Street between point Jackson al proximately streets tabove at the easterly line of the alley which is parallel to Jackson and White Streets In the City of Dubuque. Iowa, and the right to Overhang said pipes above the easterlyside of said alley projected api r mately two feet from buildings ad- jacent othe east oextending northerly e of I d al- leyandfrom said 9th Street a distance of ap prNOW,telyy 200 feet. IT THEREFO1tE, BE COUN- CIL OF THE CITY OF DUBUQUE, IOWA - section 1. That Caradco, incor- or- porated, a corporation doing ness in the City of Dubuque, Iowa, its successors and asaigns, be and it is hereby authorised to construe[ 1 find maintain two overhead is lines according to the plan now on file In the Office of the City Clerk of the City of Dubuque, Iowa, over and across 9th street, between Jackspoint Dialsnd ite roximately slabovr at the easterly line of the alley which Is nd White Streets parallel the Jackson a CRY ofDubuque' Iowa, and the right to overhang 220 Special Session, June 25, 11962 of said dsaid palley,v Projected Lerly ailproxie M21 two feet from bulldincs adjacent to the east side of said alley and extending northerly from said 9th Street a distance of ap- proximately 200 feet. Section 2. That the construction of laid overhead acrosssaid publ e lines over andic street and alleyshall be subJect to the ap- of�t he Cisame Dubhe BuuqueMin. Iowa and the same shall be located and in stalled in accordance with the plan on file In the Office of the City Clerk, City of Dubuque, Iowa. Section 9. This Ordinance shall become effective upon Its passage. adoption and approval by the City Council of the City or Dubuque, Iowa, acceptance thereof by the proper officers of Caradco. incor- porated, and publication as pro- vided by law and when the costs of publication of this Ordinance shall have been paid by Caradco, Incorporated. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provid- ed. introduced the 25th day of June, 1962. The rule requiring readinc on three separate days suspended by unanimous vote on the 26th day of June, 1962. Passed by recorded roll call vote, adopted and approved this 25tb day of June, 1962. LOUiS SCHAI.LER Mayor JOHN Y. SCHREIBER, PETER J. TAKOS ,LAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE BY CARADCO, INCORPORATED Caradco Incm•purated dors here- by accept all the terms, provisions and conditions of the within Ord- Inance adopted by the City Coun- ell of Dubuque, lona, entitled: "An Ordinance granting to Car- adeo, Incorporated, a corporation doing business in the City of Du- buque, Iowa, Its successors and Assigns, the right to erect and maintain two overhead pipe lines over and across 9th Street between Jackson and White Streets at a point approximately above the easterly line of the alley which is parallel to Jackson and White Streets in the City of Dubuque, Iowa, and the right to overhang sald pipes above the easterly side of said alley projected approxi_ mately two feet from buildings ad- jacent to the east side of said nl- ley and extending northerly from said 9th Street a distance of ap- proximately 200 feet"; being Ordinance No. 44-62, and Caradco, Incorporated does hereby agree to comply with all the terms Lind conditions of Bald Ordinance. (Corporate Sea]) (Caradco Incorporated) CARADCO, INCORPORATED BY P, L. Adams, President By F. E. Bissell Jr., Secretary Published officially In The Tele- graph-lierald newspaper this 29th day of June. 1962. LEO F. FROMMELT It. 0-29 City Clerk Councilman Schreiber moved the adoption of the Ordinance. econd- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. Alen Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. ORDINANCE NO. 45-62 An Ordinance vacating Warren Street commencing where same in. tersects with Jones Street south- westerly to Dodge Street in Du- buque Harbor Addition, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried try the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. ORDINANCE NO. 40.62 WHEREAS, the (lock Cornmis- sloners of City of Dubuque, lows have petitioned the City Council of Dubuque, Iowa, to vacate War- ren Street from Jones Street southwesterly to Dodge Street In Dubuque Harbor Addition, and WHEREAS, the Planning and 'Coning Comtuisslou of City of Du- buque, Iowa has recommended vacation of Warren Street, pro- vided all adjacent owners agree to same, and WHEREAS, the City Council of Dubuque, Iowa finds that there is no public need for Bald street, and that it would serve the best public 'interest that N'arrun Street be vacated. NOW THEREFORE BE IT OR- DAINED BY THE CiTY COUNCIL OF DUBUQUE, IOWA: Section 1. That Warren Street commencing where same Intersects with Jones Street southwesterly to Dodge Street in Dubuque Har- bor Addition be and the same is hereby vacated. Section 2. That the City Clerk be and he in hereby directed to cause this Ordinance to be filed Oa the Office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 25th day of .June A.D., 1962. LOUIS SCHALLER. Mayor JOHN P. SCHRETBER, PETER J. TAKOS, JAMES J. KEAN, Councilmen Special Session, June 25, 1982 221 Attest: LPO F. FMmmelt. (`it Clerk Published offlclall' 1n the Tele• graph -Herald newspaper this 29th day of June 1962. I.b7(1 F. FROMMELT, City Clerk 1t 6-29 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. ORDINANCE NO. 46.62 An Ordinance Amending Budget as approved by Resolution No. 192- 61 and Ordinance No. 1-62, in the amount of 66,573.00, Recreation Municipal Golf Course Fund, pre- sented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Councilman Schreiber moved that a public hearing be held on the Ordinance on August 6, 1962, at 7:30 P.M. Daylight Saving Time, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Petition of Milton Ney request- ing a refund of 650. on the unex- pired portion of Class B beer per- mit No. 130, as he has discontinued business on June 25, 1962, present- ed and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue a warrant payable to Milton Ney in the amount of 650. to cover the amount due on the unexpired por. tion of Class B beer permit No. 130. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Petition of Dubuque Junior Chamber of Commerce requesting permission to hold a parade on July 7th, 1962, presented and read. Councilman Schreiber moved that the petition be granted and the Police Chief be notified. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Petition of Schlueter Insurance Agency requesting release of the heating bond No. 28214.1369145 issued to Berwanger Boller Shop, renewal date of April 25, 1962, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent -Councilman Horgan. Petition of Dubuque Golf & Country Club requesting permis. sion to hold a supervised fireworks display on July 4, 1962, presented and read. Councilman Takos moved that the petition be granted. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Petition of Reilly Realty Co. re- questing permission to hold a supervised fireworks display on July 4, 1962, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent, –Councilman Horgan. 222 Special Session, June 25, 1962 Petition of A. E. Schute request• ing permission to excavate in the street at 1122 University to service a new barber shop, presented and read. Councilman Kean moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Petition of Farley & Loetscher Mfg. Co. requesting conveyance of the alley between Washington and Jackson from 7th to 8th street to clear up a reverter clause in an Ordinance adopted in 1905 in order to make proper transfer to Caradco Inc. presented and read. Council- man Takos moved that the peti- tion be referred to the City Solicit- or for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays --None. Absent—Councilman Horgan. June 25, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1962 Hot Mix -Hut Laid Asphaltic Concrete Paving Project No. 1 Section II has been completed in accordance with the City of Dubuque plans and specifi- cations. I, therefore, recommend the ac. ceptance of the above named pro- ject. Very truly yours, Gilbert D. Chavenelle, City Managor Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. FINAL ESTIMATE Resolution No. 13262 WHEREAS, the contract for the City of Dubuque 1962 Hot Mix. Hot Laid Asphaltic Concrete Pav- ing Project No. 1 Section 11 1. Kaufman Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Langworthy's Ad. dition. 2. Grandview Avenue East fork from the south property line of Kaufmann Avenue to a point 480 feet south has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve. ment is hereby determined to be $23,727.19. That $ none of the cost thereof shall be assessable upon private property and $ ............ shall be paid from the Kaufmann Storm Sewer K-3 Fund of the City of Dubuque. Passed, adopted and approved this 25th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. (A Resolution Accepting Improvement) RESOLUTION NO. 133-62 WHEREAS, the contract for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 Section II I. Kaufmann Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Lang. worthy's Addition. I. Grandview Avenue East fork from the south property line of Kaufmann Avenue to a point 480 feet south nas been completed and the City Manager has examined the work ind filed his certificate stating that Special Session, June 2.5, 1962 223 the same has been completed ac- cording to the terms of the con- tract, 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 and that City Manager be approved 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 contractor from the funds to be realized from the Kaufmann Storm Sewer K-3 amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 25th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent— Councilmen Horgan. June 18, 1962 The Honorable Mayor and City Council Gentlemen: The Shiras Avenue Storm Sewer has been completed in accordance with plans and specifications by the Saffran Construction Company of Dubuque, Iowa with the excep- tion of the construction of four catch basins. Your staff has de- cided to delete the catch basins from this contract and construct them with the current concrete curb and gutter project for Shiras Avenue to assure proper alignment and grade on the improvement. I, therefore, recommend that the Shiras Avenue Storm Sewer be ac- cepted with the exception of the four catch basins. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second. ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan, FINAL ESTIMATE Resolution No. 134.62 WHEREAS, the contract for the Shiras Avenue Storm Sewer—con- struction of a forty-two inch (42") reinforced concrete pipe storm sewer in Shiras Avenue from the existing storm sewer opposite Lot No. I of Lot 2 of Cota Subdivision northwesterly to the existing thir- ty-six inch (36") storm sewer op- posite Lot 1 of Lot 1 of Mineral Lot 311 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $20,791.50. That none of the cost thereof shall be assessable upon private property and $20,791.50 shall be paid from the Sanitation (162 -J -2-J) Fund of the City of Dubuque. Passed, adopted and approved this 25th day of June, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT, Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. (A Resolution Accepting Improvement) RESOLUTION NO. 135.62 WHEREAS, the contract for the Shiras Avenue Storm Sewer—con- struction of a forty-two inch (42") 224 Special Session, June 25, 1962 reinforced concrete pipe storm sewer in Shiras Avenue from the existing storm sewer opposite Lot No. 1 of Lot 2 of Cote Subdivision northwesterly to the existing thir- ty-six inch (36") storm sewer op- posite Lot 1 of Lot 1 of Mineral Lot 311 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 specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation 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 contractor from the Sanitation Fund 162 -J -2-J in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 25th day of June, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. RESOLUTION NO. 136-62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigar- ette papers within said City. Name Address Albert H. Ney, 1842 Central Av- enue Richard Schueller, 2900 Jackson St. Mrs. Josephine Nicks, 103 East. 22nd Street John C. Neumeister, 729 Lincoln Avenue Riverside Bowl, 1860 Hawthorne Street Anthony L. Fecker, 2119 Rhomberg Avenue Harry N. Gantert, 1301 Rhomberg Avenue Walter Thorpe & Jeannette R. Rauch, 951 Main Street Klauer-Julien Hotel Co., 2nd & Main Streets Merlin Apel, 1195 Dodge St. Vincent W. Mescher & John F. Tench, 1233 Rhomberg Avenue Wareco System of Iowa, 700 Rhom- berg Avenue .John L. & Viola Savary, 827 Dodge Street Thompson's Food Markets Inc., 250 West 1st Street Mrs. Marian C. Berntgen, 2186 Cen- tral Avenue Elmer L. Treivieler, 2103 Jackson Street Gus L. Manternach, 1105 Loras Blvd. Norbert G. Tigges, 2774-2776 Jack. son Street Thomas Lilly, 555 Main Street John B. Burgmaier, 2917 Rhomberg Avenue Milton E. Chapman, 709 University Avenue Joseph E. Reisdorf, 601 Rhomberg Avenue Michael F. Pusateri, 1292 Main Street John J. Heiderscheit, 1278 Central Avenue Mrs. Anne K. Laury and Joseph R. Lenger, 498 No. Grandview Avenue St. Joseph Mercy Hospital Gift Shop, James & Peabody Streets Carl Van Duelman, 590 Clarke Drive National Tea Co., 1313 Dodge Street George R. Hunt, 229 Eighth Av- enue Harry Kopple, 1098 University Av- enue Canfield Hotel, Inc., 34.36 West 4th Street Mrs. Lorraine Gordon, 2327 Central Avenue Gordon Cunningham, Bunker Hill Golf Course Marco Giunta, 1564 Central Avenue George T. Vrotsos, 605 Main Street William G. Fenelon, 2528 Central Avenue Special Session, June 2.5, 1962. 22,5 Cletus J. Meyer, 253 Main Street Mark R. Smith, 400 Central Avenue Creslanes Bowling, 255 South Main Street Joseph S. Polfer, 2612 Dodge Street Veterans of Foreign Wars, Leo A. Schwind Post #E508, 1638 Cen. tral Avenue John M. Ward, 2284 University Av- enue Merlyn L. Weber, 1904 Central Av- enue William H. Olsen, 1097 Jackson Street Thomas Oeschger, 815 West 5th Street Mrs. Eunice L. Wright, 2600 Jack- son Street Beecher Oil Company, 1691 Asbury Street Beecher Oil Company, 2399 White Street Fred Ansel, 1100Lincoln Avenue Street Cletus N. Pauly, 1 Navy Club of Dubuque, Ship No. 67,469 Main Street Mrs. Dolores Waul, 2850 Burlington Street Harold A. Cosley, 1121 University Avenue Stampfer's Department Store, 800 Main Street Paul Wong & Chuck Wong, 353 Main Street Dubuque Metal Trades Council Club, 111 West 6th Street Ralph J. cremer, 731 Rhomberg Avenue Iowa Commission for the Blind, (Post Office Vending Stand) Post Office Mrs. Cloetta L. Ricke, 55 East 7th Street Tenenbom's Super Market, Inc., 200 S. Locust Street Eagle Dubuque, Inc., 1800 Elm Street Hillcrest Eagle Inc., 3033 Asbury Street Joseph F. Shannon, 1618 Central Avenue Loras College, 655 Loras Blvd. LaVerne Felderman, 1889 Jackson Street Walter W. Knoll, 205 Kaufmann Avenue James P. Kachevas, 493 Main Street Dubuque Packing Co. (Retail Store), 16th & Sycamore Sts. Dorrance Hames, 1828 Central Av- enue Mrs. Patricia Sarris, 760 East 16th Street Mrs. Jenny Sarris, 720 Main Street Mrs. Marita Trapp, 1266 Central Avenue Richard D. Lonergan, 500 Rhom- berg Avenue Vernon Meyer, 530 East 22nd Street Fischer Bowling Lanes Club, 880 Locust Street Knights of Columbus, 781 Locust Street John J. Ludescher, 1897 Clarke Drive Donald M. Love, 250 West 6th Street Melvin C. Lynn, 424 West Locust Street Mrs. Fay S. Shaffer, 1080 Univer- sity Avenue The Great Atlantic & Pacific Tea Company Inc., 2685 Dodge Street The Great Atlantic & Pacific Tea Company Inc., 1101 Central Avenue Carl E. Nagelmaker, 3203 Jackson Street Ernest Latham, 1205 Cleveland Av- enue Carl E. Miller, 1096 Central Av- enue Leo Sun, 206 West 3rd Street Brammer's Inc., 1306 Delhi Street Mrs. Denise M. O'Neill, 55 Locust Street Louis J. Winkler, 625 Central Av- enue Mrs. Agnella L. Anthoine, 119 West 6th Street Louis A. Ring, 115 West 11th Street Hartig Drug Company, 93 Locust Street Hartig Drug Company, 730 Main Street Hartig Drug Company, 2205 Cen- tral Avenue Carl M. Herburger, 2987 Jackson Street Ken Fenelon, 3166 Jackson Street Kissel Grocery, 611 University Av- enue Herbert E. Atlhaus, 1575 Central venue Mrs. Emma Scherer, 1187 Iowa Street Mrs. Marie Sand, 1961 Central Av- enue Lynn & Gladys Hinman, 5 Eighth Avenue William M. Kunz, 129 Main Street Dubuque Golf & Country Club, 260 Randall Place Michael H. Clemens, 205 Locust Street x2216 Special Session, Clarence J. Hagge, Jr., 1879-1881 Central Avenue Donald W. Schuster, 2404 Central Avenue Carl N. Brant, 2600 Central Avenue Mrs. Marvel M. Birkett, 1064 Uni- versity Avenue Earl G. Corbett. 908 Rhomberg Av- enue Fred N. & Vada G. Randle, 701 Central Avenue Robert L. Becker, 2418 Central Avenue Arthur Apel, 1176 Iowa Street Hubert J. Kress, Jr., 532 East 22nd Street William T. Locher, 177 Main Street Mrs. Thelma Mardauss, 410 Eighth Avenue Ray and Angeline Luchsinger, 2372 Central Avenue John R. McCarty, 2093 Washington Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Robert A. Freund, 805 West 5th Street Richard N. Stecklein, 450 West Locust Street Andrew Poulos, 926 Main Street Zeno A. Tranel, 598 Main Street American Legion, Dubuque Post #6, 290 West 4th Street Clarence P. Welu, 1998 Jackson Street Ming Wong, 280 Main Street Smith Oil Co., 901 Rhomberg Av- enue Theodore Kanavas, 1689 Elm Street Alford F. Finch, 1347 Central Av- enue Sunshine Circle—Finley Hospital, 1480 Allison Place William J. White, 1993 Asbury St. Sally Pfab and Janice Gleichner, 1048 Main Street Mrs. Ramona Fettgather, 1103 Iowa Street De Forrest P. Koeller, 127 West 6th Street Helen M. Hafeman, 785 Groveland Place George J. Zillig, 342 Eighth Av- enue Joseph P. & Bernice Hillard, 431 Rhomberg Avenue Fraternal Order of Orioles, Nesl #1, 1600 Central Avenue Willard J. Driscoll, 509 Eighth Av enue Mrs. Helen Weiner, 909 Walnu Street Mrs. Linnie Dunbar, 504 Centra Avenue 2.5, 1962 Dubuque Boat Club, Inc., 2656 Lin- coln Avenue Merlin K. Abing, 408 West Locust Street Charles W. Callahan, 2635 Uni- versity Avenue Sisters of St. Francis (Xavier Hos. pital Gift Shop), Davis & Wind- sor Avenue Diamond Grill, 902 Main Street Mrs. Eileen Wunder, 1006 Central Avenue Joe Giunta, 2022 Central Avenue Robert E. Sullivan, 620 So. Grand- view Avenue Veterans of Foreign Wars. Gerald F. Winders, Post 9663, 115 East 22nd Street Clarence P. Haupert, 1703 Asbury Street Frederick J. Sear, 1701 Central Avenue Thomas J. Rawson, 342 Main Street Mrs. Bernice Platt, 3165 Central Avenue Herbert F. Bisping, 1401 Elm Street James L. Norton, 1500 Central Av- enue Mrs. Helen O'Mara, 1397 Washing- ton Street Edemund it. Callahan, 1105 Walnut Street Cruso A. Alba, 2601 Jackson Street Raymond McLaughlin, 2222 Central Avenue Florance Deutsch, 1298 Main Street Raymond Ney, 1900 Washington Street Mrs. Elsie Vrotsos, 1253 Washing. ton Street Peter Schwartz, 574 E. 16th Street Lester &. Marie Eichhorn, 1725 Del- hi Street A. J. Ender, 534 Rhomberg Avenue Joseph F. Oberhoffer, 399 East 20th Street Sylvester A. Weiner, 201 E. 22nd Street Milton F. Fink, 3165 Central Av- enue Thomas Richman, 2319 Prince Street David R. Buse, 70 So. Locust Street Page Hotels of Iowa, Inc., 75 East 4th Street B. A. Ruegnitz Drugs, 629 Rhom- berg Avenue Louis J. Schaller & Heinz Failmeg- ger, 351 Dodge Street William Bublitz, 1543 Central Av- enue Elmer L. Fink, 2678 Central Av- enue Roger M. Bertsch, 326 Main Street Special Session, June 25, 1962 227 Emily Scholtes, 600 c;entrai Av- enue LeRoy Utzig, 802 Central Avenue Clement R. Fleckstein, 2995 Cen- tral Avenue John Best, 1487 Central Avenue Beatrice Winkler, 1400 Central Av- enue Phillip Krepfle, 1399 Jackson Street Clarence Thompson, 210 West 1st Street Holiday Inn, 1122 Dodge Street Francis Kelly, 1075 Dodge Street Tony Helling, 701 Dodge Street Frank Karigan, 2199 University Av- enue Raymond F.ngling & Bernadette Mary Engling, 500 Main Street William R. Wortley, 1040 ilniver- sity Avenue Cy Meitl, 1555 Central Avenue Clyde L. Bradley, 3198 Central Avenue James J. Scherr, 1198 White Street John F. Weidemann, 1046 Central Avenue Donald E. Wertz, 1545 So. Grand- view Avenue Millard Poquette, 1029 Main Street Elks Club, 701 Locust Street Celia M. Vosberg, 330 Main Street Mrs. Marian Bridge, 2038 Central Avenue Lucille Curry, 7-B Fischer Building Mrs. Kathleen Story, 1091 White Street Leonard Crane, 720 Iowa Street Cecil McMahon, 649 East 16th Street Erwin Hafeman, 2370 Rhomberg Avenue Wm. J. Tindell, Jr., 1105 University Avenue Marionette Tindell, 553 -8th Avenue Leo Heiden, 238 West 6th Street Mr. and Mrs. Raymond Kratz, 1501 Rhomberg Avenue Richard Manternach, 380 East 20th Street Dean 0. Biedermann, 90 So. Locust Street Fraternal Order of Eagles, 6th & Locust Street T. J. Collins, 53 West 12th Street Sally L. Smith, 1134% White Street Howard McCauley, 20th & Central Avenue Robert Beidler, 1122 Dodge Street Ray Fleckenstein, 3275 Central Av- enue Donald Sand, 2364 Washington Street Gladys M. Shepherd, 1643 Central Avenue Irvin 0. Nachtman, 2595 Rhomberg Avenue Ralph A. Dupont, 1395 Brown Av- enue Noah McNamer, 216 West 1st Street Ralph Warren, 1700 Central Av- enue Richard G. Rink, 1260 Washington Street John E. Noel, 2400 Central Avenue Kenneth L. Meisenburg, 2500 Cen- tral Avenue Dorrance E. Cox, 2613 University Avenue Gust Karigan & Pete Sfikas, 401 Central Avenue Edward A. Haberkorn, 2616 Wind- sor Avenue Kenneth J. Love, 37 Eighth Avenue Theodore J. Ferring, 385 East 13th Street Martin Oil Co. of Dubuque, 280 Locust Street Maurice H. Mellon, 1027 Rhomberg Avenue Harold A. Casey, 655 Clarke Drive Clarence P. Falkenhainer, 1097 Uni- versity Avenue Fred A. Donath, 400 Iowa St. Joseph F. Costa, 1091 Main Street Mathias A. Schneller, 132 Eighth Avenue R. Daniel Winders, 2204 Central Avenue Paul Schollmeyer, 176 Locust Street Don Schroeder, 2890 Central Av- enue Otto J. Dunbar, 2401 Jackson Street Mrs. Jean Anfinson, 120 Southern Avenue Julien Dubuque Gulf, Service, 30 Locust Street Thompson's Food Markets, Inc., 3200 Jackson Street Helen E. Schmit, 1626 Central Av- enue Fred Weiner, 1101 White Street Mrs. Laraine Diener, 35 Locust Street Mrs. Victorina Ellis, 120 West 4th Street Mrs. Alice R. Erschen, 2620 Univer- sity Avenue Mrs. Marcella Roeder, 25 West 7th Street Donald Jungblut, 1481 Dodge Street Joseph McGeough, 400 Rhomberg Avenue Neil Richman, 1598 Elm Street Clarence Ney, 1703 Maple Street Joseph E. Bell, 263 Main Street 228 Special Session, June 25, 1962 Ione Miller, 1322 Central Avenue Joseph R. Evans, 29 Eighth Avenue Robert J. Freidman, 620 East 16th Street Leonard P. Bertsch, 304-326 Main Street Mrs, Alma Henkel, 241 Main Street BE IT FURTHER RESOLVED that the bond filed with filedwith the appli- cation be approved.roved Passed, adopted and app this 25th day of June, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. `FROM ty MELT, Cle Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carrie8 by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. RESOLUTION NO. 137.62 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applications be granted and licenses be issued upon the compliance with t h e terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Donald Sand, 2364 Washington St. Willard J. Driscoll, 509 Eighth Ave. Theodore C. Kanavas, 1689 Elm St. Mrs. Helen Weiner, 909 Walnut St. Mrs. Elizabeth Krajnovich, 239 West 6th St. Joseph Shannon, 1618 Central Ave. Cletus N. Pauly, 1200 Iowa Street Harold A. Cosley, 1121 University Avenue Mrs. Marion Berntgen, 2186 Cen. tral Avenue Klauer-Julien Hotel Company, 2nd & Main Street. Mrs Sally L. Smith, 1563 Central Avenue. Mrs, Kathleen Story, 1091 White Street. Thomas J. Rawson, 342 Main Street. Mrs. Gladys M. Shepherd, 1643 Cen- tral Avenue. Mrs. Eileen Wunder, 1006 Central Avenue. Leonard H. Crune, 720 Iowa Street, Mrs. Marie Sand, 1961 Central Ave. Cecil J. McMahon, 649 East 16th Street. Clarence E. Thompson, 210 West 1st Street. Raymond A. Ney, 1900 Washington Street. Joseph F. Oberhoffer, 399 East 20th Street. Millard Poquette, 1029 Main Street. CLASS "B" BEER PERMIE FOR PRIVATE CLUBS Name Address Fraternal Order of Arioles, 1600 Central Avenue. Fraternal Order of Eagles, Aerie #568, 6th & Locust Street. American Legion Dubuque Post No. 6, 290 West Fourth Street. Dubuque Golf & Country Club, 260 Randall Place. Navy Club of Dubuque, Ship X67, 469 Main Street. CLASS "C" BEER PERMIT Mrs. Dolores Waul, 2850 Burlington Street. Robert L. Becker, 2418 Central Avenue. Gus L. Manternach, 1105 Loras Blvd. Richard Schueller, 2900 Jackson Street. Thompson Food Markets, Inc., 250 West 1st Street. John M. Ward, 2284 University Ave. Merlin K. Abing, 408 West Locust Street. Harold A. Casey, 655 Clarke Drive. Otto J. Dunbar, 2401 Jackson St. Edmund H. Callahan, 1105 Walnut Street. Passed, adopted and approved this 25th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Counciliuen Attest: LEO F. FROMMF.LT City Clerk Special Session, June 25, 1962 229 Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. RESOLUTION NO. 138.62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Council; WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Name Address Donald Sand, 2364 Washington St. Willard J. Driscoll, 509 Eighth Ave. Theodore G. Kanavas, 1689 Elm St. Mrs. Helen Weiner, 909 Walnut St. Mrs. Elizabeth Krajnovich, 239 West 6th Street. Joseph F. Shannon, 1618 Central Avenue. Cletus N. Pauly, 1200 Iowa Street. Harold A. Cosley, 1121 University Avenue. Mrs. Marion Berntgen, 2186 Cen- tral Avenue. Klauer-Julien Hotel Company, 2nd & Main Streets. Mrs. Sally L. Smith, 1563 Central Avenue. Mrs. Kathleen Story, 1091 White Street. Thomas J. Rawson, 342 Main Street. Mrs. Gladys M. Shepherd, 1643 Central Avenue. Mrs. Eileen Wunder, 1006 Central Avenue, Leonard I1. Crane, 720 Iowa Street. Mrs. Marie Sand, 1961 Central Ave. Cecil J. McMahon, 649 East 16th St. Clarence E. Thompson, 210 West 1st Street. Raymond A. Ney, 1900 Washington Street. Joseph F. Oberhoffer, 399 East 20th Street. Aillard Poquette, 1029 Main Street. CLASS "B" BEER PERMIT FOR PRIVATE CLUB Name Address Fraternal Order of Orioles, 1600 Central Avenue. Fraternal Order of Eagles, Aerie #568, 6th & Locust Streets. American Legion Dubuque Post No. 6, 290 West Fourth Street. Dubuque Golf & Country Club, 260 Randall Place. Navy Club of Dubuque, Ship #67, 469 Main Street. CLASS "C" BEER PERMIT Mrs. Dolores Waul, 2850 Burlington Street. Robert L. Becker, 2418 Central Avenue. Gus L. Manternach, 1105 Loras Blvd. Richard Schueller, 2900 Jackson Street. Thompson Food Markets, Inc., 250 West 1st Street. John M. Ward, 2284 University Avenue. Merlin K. Abing, 408 West Locust Street. Harold A. Cosley, 655 Clarke Drive. Otto J. Dunbar, 2401 Jackson St. Edmund H. Callahan, 1105 Walnut Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 25th day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman. Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—None. Absent—Councilman Horgan. Councilman Takos moved that the rules be suspended in order to let anyone address the Council 230 Special Session, June 25, 1982 if they so desire. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- man Kean, Schreiber, Takos. Nays—None. Absent— Councilman Horgan. Mr. Paul Birkett. of 1593 Dodge Street made inquiry of the Council if anything had been done by the Planning & Zoning Commission relative to the rezoning of Dodge Street from Booth to Grandview. He was advised that nothing had been done to date but the matter will be considered at the next meeting of the Planning & Zoning Commission. There being no further business Councilman Kean moved to ad- journ. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- man Kean, Schreiber, Takos. Nays—None. Absent— Councilman Horgan. Leo F. Frommelt City Clerk Approved .,NOPeMber 19 ..1962. Adopted .... November 19� 162 City Clerk N Regiilar Session, July 2, 1962 231 CITY COUNCIL OFFICIAL Regular Session July 2, 1962. Council met at 7:30 P.M. Day- light Saving Time. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Petition of Hillcrest Builders Inc. requesting the installation of street lights on Vizaleea and Key- mont Drives in Key Knolls Sub- division, presented and read. Coun- cilman Takos moved that the peti- tion be referred to the City Mana- ger and Electrical Inspector for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Holy Trinity Lutheran Church requesting permission to excavate in Delhi Street (10 yr.) for connecting larger water ser- vice the Lincoln Building present - man Schreiber moved that the peti- tion be granted. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in the alley between Locust and Main and 8th & 9th Street to ser. vice the Lincoln Building present• ed and read. Councilman Kean moved that the Petition be granted Seconded by Councilman Schreiber Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays—None. Petition of Peoples Natural Ga: requesting permission to excavate in Audubon Street, presented anc ,ead. Councilman Kean moved that he petition be granted. Seconded )y Councilman Schreiber. Carried )y the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, rakos. Nays—None. Petition of John C. Sanner et al requesting a survey to determine the cost of constructing a sanitary sewer on the north side of Edith Street, presented and read. Coun- cilman Schreiber moved that the Petition be referred to the City Manager and Engineering Depart- ment for investigation and report. Seconded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Stuart DeMoss re- questing a refund of $150. on the unexpired portion of Class B beer permit No. 34, as he has discontin- ued business on June 30, 1962, pre- sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $150., payable to Stuart DeMoss to cover the amount due on the unexpired portion of beer permit No. 34. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petiton of Fay Miller requesting a refund of $50. on the unexpired portion of Class B beer permit No. 147, as he has discontinued busi- ness on June 30, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant payable to Fay Miller, in the amount of $50., to cover the amount due on the unexpired por- tion of Class B permit No. 147. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Marion M. Fox of the American Legian, requesting per- mission to sell helium filled bal- 232 Regular Session, July 2. 1963 loons along the parade route on Saturday July 7, 1962, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller' challer council- men Horgan, Kean, Takos. Nays --None. Petition of Farley & Loetscher Mfg. Co. requesting execution of a Quit Claim Deed to the East half of the alley between White Street and Jackson Street and 6th and 7th streets to designate conveyance of interest by the City as set out in an ordinance approved by the City Council on December 21, 1917, presented and read. Council- man Takos moved that the petition be granted. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 139-62 WHEREAS, City of Dubuque, Iowa, passed, adopted and approv- ed an Ordinance on December 21, 1917 vacating the alley abutting In -Lots 364 to 368 in the City of Dubuque, Iowa; and WHEREAS, it appearing to the City Council that no deed of con- veyance was executed by the City with respects thereto; and WHEREAS, Farley & Loetscher Manufacturing Company has peti- tioned the City Council of Du- buque, Iowa, to execute a Quit Claim Deed to the East Y2 of said alley to the said Farley & Loets- cher Manufacturing Company. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That conveyance of the East % of the alley between White Street and Jackson Street from Sixth (6th) Street to Seventh (7th) Street to Farley & Loetscher Manufacturing Company be and the same is hereby approved and the Mayor and City Clerk be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and empowered to execute a Quit Claim Deed on behalf of the City convey- ing the said portion of said alley to Farley & Loetscher Manufactur- ing Company. Passed, adopted and approved this 2nd day of July, 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGN Councilmen Attest: LEO F. FROMMELT. City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Farley & Loetscher Mfg. Co. requesting that the City vacate its interest in an alley lo- cated between in -lots 354 to 358 and 369 to 373, both ends of said alley at Seventh and Eighth streets have been closed to the public for approximately 40 or 50 years, pre- sented and read. Councilman Takos moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Allen's Trenching Service requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Mrs. Clyde H. Clauer, requesting permission to connect to the Garnet Street Sanitary Sew- er, presented and read. Council- man Takos moved that the petition be referred to the City Manager. Seconded by Councilman Schrei- ber. Carried by the following vote: Regular Session, July 2, 1962 233 Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract, and cost of improvement for the con- struction of City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Resurfacing Project No. 2, Dodge Street from Grandview Ave- nue to Bluff Street, presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Clarence Gilligan et al objecting to assessments for Dodge Street from Grandview to Bluff Street because it is part of Highway No. 20 and maintenance of same should be done by the Highway Department, and for vari- ous other reasons, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. Adolph Raska addressed the Council by objecting to the assess- ment because Dodge street is an arterial highway and thought that 50% of the cost to be borne by the property owners on the street is too high. He thought 25% would be considered more fair. Justin McCarty put in a plea for the retired citizens on Dodge Street that they would not be able to meet the assessment. Vera Mc- Allister made inquiry as to why should anyone pay any assess- ment. Wm. R. Haber of 1675 Dodge Street stated that highway No. 20 runs clean across the State. He does not know of anywhere else that property owners are assessed for either maintenance or resurfac- ing. Mr. Earl Bock questioned the fairness of assessing east of Grand- view Avenue. Mr. Jas. McAllister of 821 Dodge made mention of the fact that street car ties are still buried in the street and asked about their removal. R. F. Sefzik of Clark Street never heard of per- sonal assessments on highway con- struction. Decision of Council upon objec. tions to plans, specification, form of contract and cost of improve- nwnfs. RESOLUTION NO. 140.62 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Resurfacing Project No. 2 Dodge Street from 64 feet East of the East Property Line of Grand- view Avenue to the East Property Line of Bluff Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contract 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 2nd day of July, 1962; and WHEREAS, the City Council met in regular session this 2nd day of July, 1962, at 7:30 o'clock P.M., Daylight Saving Time at the Coun- cil Chambers in the City Hail for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, spec- ifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections 232 Repilar Session, July 2. 1962 loons along the parade presented oute on Saturday July 7, and read. Councilman Schreiber moved that the petition be Councilman Takos. Seconded by Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition. of Farley & Loetscher Mfg. Co. requesting execution of a Quit Claim Deed to the East half of the alley between White Street and Jackson Street and 6th and 7th streets to designate conveyance of interest by the City as set out in an ordinance approved by the City Council on December 21, 1917, presented and read. Council- man Takos moved that the petition be granted. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 139.62 WHEREAS, City of Dubuque, Iowa, passed, adopted and approv- ed an Ordinance on December 21. 1917 vacating the alley abutting In -Lots 364 to 368 in the City of Dubuque, iowa; and WHEREAS, it appearing to the City Council that no deed of con- veyance was executed by the City with respects thereto; and WHEREAS, Farley & Loetscher Manufacturing Company has peti- tioned the City Council of Du- buque, Iowa, to execute a Quit Claim Deed to the East % of said alley to the said Farley & Loets- cher Manufacturing Company. NOW THEREFORE BE IT RE SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That conveyance of the East % of the alley betweer. White Street and Jackson Streel from Sixth (6th) Street to Seventl (7th) Street to Farley & L.oetsche( Manufacturing Company be an( the same is hereby approved an( the Mayor and City Clerk be an( the same is hereby approved an( the Mayor and City Clerk be an( they are hereby authorized an( empowered to execute a Quit Clain )eed on behalf of the City convey - ng the said portion of said alley .o Farley & Loetscher Manufactur- ng Company. Passed, adopted and approved this 2nd day of July, 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Farley & Loetscher Mfg. Co. requesting that the City vacate its interest in an alley lo- cated between in -lots 354 to 358 and 369 to 373, both ends of said alley at Seventh and Eighth streets have been closed to the public for approximately 40 or 50 years, pre- sented and read. Councilman Takos moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Allen's Trenching Service requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Mrs. Clyde H. Clauer, requesting permission to connect to the Garnet Street Sanitary Sew- er, presented and read. Council- man Takos moved that the petition be referred to the City Manager. Seconded by Councilman Schrei- ber. Carried by the following vote: Regular Session, July 2, IN2 233 Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract, and cost of improvement for the con- struction of City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Resurfacing Project No. 2, Dodge Street from Grandview Ave- nue to Bluff Street, presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta• kos. Nays—None. Petition of Clarence Gilligan et al objecting to assessments for Dodge Street from Grandview to Bluff Street because it is part of Highway No. 20 and maintenance of same should be done by the Highway Department, and for vari- ous other reasons, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Mayor Schaller. arried by the following vote: Yeas—Mayor Schaller, Council- ien Horgan, Kean, Schreiber, akos. Nays—None. Councilman Takos moved that ie rules be suspended in order flet anyone present address the ouncil if they so desire. Seconded Y Councilman Kean. Carried by ie following vote: Yeas—Mayor Schaller, Council- ien Horgan, Kean, Schreiber, akos. NaYs--None. Mr. Adolph Raska addressed the ouncil by objecting to the assess- ient because Dodge street is an rterial highway and thought that 056 of the cost to be borne by ae property owners on the street I too high. He thought 25% would e considered more fair. Justin McCarty put in a plea for the retired citizens on Dodge Street that they would not be able to meet the assessment. Vera Mc- Allister made inquiry as to why should anyone pay any assess- ment. Wm. R. Haber of 1675 Dodge Street stated that highway No. 20 runs clean across the State. He does not know of anywhere else that property owners are assessed for either maintenance or resurfac- ing. Mr. Earl Bock questioned the fairness of assessing east of Grand. view Avenue. Mr. Jas. McAllister of 821 Dodge made mention of the fact that street car ties are still buried in the street and asked about their removal. R. F. Sefzik of Clark Street never heard of per- sonal assessments on highway con- struction. Decision of Council upon obiec• tions to plans, specification, form Of contract and cost of improve. ments. RESOLUTION NO. 140.62 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Resurfacing Project No. 2 Dodge Street from 64 feet East of the East Property Line of Grand- view Avenue to the East Property Line of Bluff Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contract 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 2nd day of July, 1962; and WHEREAS, the City Council met in regular session this 2nd day of July, 1962, at 7:30 o'clock P.M., Daylight Saving Time at the Coun- ell Chambers in the City Hall for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, spec- ifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections 234 Regular Session, July 2, 1962 which have been duly Weighed and considered! now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for or cost of said improvement herein described 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 decision of this Council upon all objections 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 improve- ment. Passed, adopted and approved this 2nd day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second. ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 110.62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there. of which is estimated to be assess. ed against each lot, for the CITY OF DUBUQUE 1962 HOT MIX -HOT LAID ASPHALTIC CON- CRETE RESURFACING PROJECT NO. 2 Dodge Street from 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff Street BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and teh proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of June, 1962. Regular Session, July 2, IW2 235 RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 2nd day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 141.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 110.62 which was duly passed by this Council, for the construction of City of Du- buque 1962 Hot Mix -Hot Laid As- phaltic Concrete Resurfacing Pro- ject No. 2 Dodge Street from 64 feet cast of the east property line Of Grandview Avenue to the east property line of Bluff Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or Without the petition of property owners. All the work shall be con. structed in accordance with the Plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvements be paid for by levy- ing special assessments against the Privately owned property lying Within the assessable distance from the improvements, whether such Property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Street funds of the city. Payment will be made to the contractor out of funds realized from the sale of bonds. Street Im. provement Bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shsll be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER T. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for Public improvements and hear- ing upon proposed plans, and spec- ifications, form of contract and cost of improvements for the con- struction of a thirty-six inch (36") and twenty-four inch (24") storm sewer in Avalon Road, Hillcrest Road and Deborah Drive begin- ning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of Lot A of Hillcrest Park, thence westerly to Avalon Road, thence north in Ava- lon Road to Hillcrest Road, thence west on Hillcrest Road to Lot 8 Block 1 of Hillcrest Heights thence northerly to Lot 6 Block 1 of Hill- crest Park, thence west to Deborah Drive thence northerly in Deborah Drive to Carter Road, presented and read. Councilman Takos moved 236 Regular Session, July 2, 1962 that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 117.62 Whereas, proposed plans, specifi- cations, form of contract have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among things the following: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of a thirty- six inch (36") and twenty four inch (241,) storm sewer in Avalon Road, Hillcrest Road and Deborah Drive beginning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of Lot A of Hillcrest Park, thence westerly to Avalon Road, thence north in Avalon Road to Hillcrest Road, thenc west on Hillcrest Road to Lot 8 Block 1 of Hillcrest Heights, thence northerly to Lot 6 Block 1 of Hillcrest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso. lution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed to have waived all ob- jections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared there. for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Kauf- mann Avenue -East 17th Street Storm Sewer Fund. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1962. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 2nd day of June 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 14262 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Resolu- tion of Necessity No. 117.62 which was duly passed by this Council for the construction of a thirty-six inch (36") and twenty-four inch (24") Storm Sewer in Avalon Road, Hill- crest Road and Deborah Drive be- ginning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of A of Hillcrest Park, thence westerly to Avalon Road, thence north in Ava- lon Road to Hillcrest Road thence west on Hillcrest Road to Lot 8 Block 1 of Hillcrest Heights thence northerly to Lot 6 Block 1 of Hill- crest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road. Be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of the prop- erty owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore 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 the Kaufmann Avenue -East 17th Street Storm Sewer Fund. liegular Session, July 2, 1962 2,'37 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 Citv Council. approved Passed, adopted, a 962. this 2nd day of July, LOUIS SCHAI.LER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Sec. onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals for the construction of a 36" and 24" storm sewer in Avalon Road, Hillcrest Road and Deborah Drive, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 2, 1962 The Honorable Mayor and City Council Gentlemen: Pursuant to your instruction, sealed bids were received until 10:00 A.M. (DST) Monday, July 2, 1962 for the Deborah Drive Storm Sewer. The lowest bid submitted was entered by Merl Goerdt Exca. vating of Dyersville, Iowa: the bid was 11.94% under the estimate. A tabulation of the bids received are attached. I recommend that the contract for the improvement be awarded to Merl Goerdt Excavating. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Awarding Contract) RESOLUTION NO. 143.62 WHEREAS, sealed proposals have been submitted by contractors for the Deborah Drive Storm Sew- er pursuant to Resolution No. 142- 62 and notice to bidders published in a newspaper published in said City on June 8, 1962 and June 15, 1962; and WHEREAS, said sealed proposals were opened and read on June 2, 1962, and it has been determined that the bid of Merl Goerdt Exca- vating of Dyersville, Iowa in the amount of $29,278.97 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Merl Goerdt Excavating and the Manager be and he is hereby directed to execute on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: 2,38 Regular Session, July 2, 1962 Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 14462 RESOLUTION APPROVING THE ESTABLISHMENT OF A CIVIL DEFENSE AGENCY FOR DUBU- QUE, IOWA. WHEREAS, the tensions in the international situation are such that the United States could be sub- ject to enemy attack. WHEREAS, the potential enemy is equipped with offensive weapons and devices including conventional and nuclear bombs, and possibly chemical and biological agents, which may be delivered by manned bombers, submarines or ballistic missiles. It is possible also that the United States may be subjected to weapons delivered by clandes- tine means. Therefore, it is deemed neces- sary and expedient for a Civil De- fense Agency to be organized for Dubuque, Iowa. BE IT RESOLVED by the City Council of Dubuque, Iowa, that un- der the Iowa Civil Defense Act of 1959, Chapter 82, Arts of the 58th General Assembly, we, the City Council of Dubuque, Iowa, hereby create and establish a Civil De- fense Agency to work in a joint effort with the Federal, State, Du- buque County and other County Municipal Civil Defense Agencies in the event of major man-made disasters or in the event of natural disasters including, but not limited to hurricanes, tornadoes, wind- storms or floods. BE IT FURTHER RESOLVED THAT: The City Council of Du- buque, Iowa, hereby subscribes to and will abide by all of the pro- visions and conditions of the Du- buque County Resolution passed and adopted establishing a Du- buque County Municipal Civil De- fense Agency, a copy of which is attached hereto. It was moved by Councilman Schreiber, seconded by Councilman Kean that the above resolution be approved. On roll call the vote was as fol. lows: AYES: Councilman Horgan, Kean, Schaller, Schreiber, Takos. Nays—None. Whereupon the Mayor of the City of Dubuque, Iowa, declares this resolution passed and adopted. LOUIS SCHALLER Mayor of Dubuque, Iowa (Corporate Seal) Attested: LEO F. FROMMELT, City Clerk CERTIFICATE I, R. N. Russo, Chief Legal Offic. er for Dubuque, Iowa, certify that I have examined the resolwution establishing a Civil Defense Agency for Dubuque, Iowa, and find that the Civil Defense Agency was duly established pursuant to law. R. N. RUSSO, City Attorney Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of notice of proposal to dispose of Lot 2 of 1 of Rigi Subdivision and Lot 2 of Lot 6 of Lot 12 of Mineral Lot 172 in the City of Dubuque, Du- buque County, Iowa, to Hartig Drug Company in the amount of $1400., presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Kean moved that the proof of publication be received and filed. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 145.62 i WHEREAS, pursuant to resolu- tion and notice the City Council of Dubuque, Iowa, met on the 2nd day of June, 1962, at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chamber in the City Hall to consider the proposal to Regular Session, July 2, 1962 239 dispose of the hereafter described real estate at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal; and WHEREAS, there being no writ- ten or oral objections to the pro- posal to dispose of the interest in real estate hereinafter described. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Du- buque, Iowa, in and to Lot 2 of Lot 1 of Rigi Subdivision and Lot 2 of Lot 6 of Lot 12 of Mineral Lot 172, each in the City of Dubuque, Iowa, to Hartig Drug Company for the sum of $1400.00, subject to the terms and conditions, with right of revertor as set out in the instru. ment of conveyance and as set out in Resolution No. 113.62 be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute and deliver Deed Without Warranty to Hartig Drug Company upon receipt of payment of the purchase price and receipt of payment of costs of publication, and that no abstract of title be furnished. Passed, adopted and approved this 2nd day of July, 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution and the Mayor and Clerk be authorized to execute a deed without warranty subject to changing paragraph 4 to read within sixty feet (60') of the extension of the north curb line of Delhi street. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. July 2, 1962 Hon. Mayor & City Council City Hall Gentlemen: On June 25, 1962, Farley & Loet- scher Manufacturing Co. filed a communication with your Honor- able Body asking that City of Dubuque convey and quit claim to the Farley & Loetscher Manufac- turing Co. all interest in the alley between Washington and Jackson Sts. from 7th St. to 8th St., which alley was vacated by Ordinance of the City Council of Dubuque ap- proved on March 4, 1905, and the said company was authorized to use said alley for erection, main- tenance, and operation of factory building and storage yards, pro- vided that if at any time said Farley & Loetscher Mfg. Co., its successors and assigns should cease to use the premises vacated for manufacturing purposes, then the alley so vacated would revert to the City of Dubuque, Iowa. It appears that the City of Du- buque has only a right of way over said alley for public purposes and that the fee title rests in -the abutting owner. In view of the fact it was vacated upon the conditions above recited the only right of reversion would be to the use of said alley for public purposes by the City of Du- buque, which right of reversion would not ripen so long as same was used for manufacturing pur- poses. Attached hereto are the appropri- ate proceedings to be adopted by the Council for conveyance for interest of the City of Dubuque in said alley to Farley & Loetscher Mfg. Co. An examination of the City As- sessor's records shows that the company has been paying taxes levied against said alley. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the opinion be received and made a matter of record. Seconded by 240 Regular Session, July 2, 1962 Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 146.62 WHEREAS, Farley & Loetscher Mfg. Co. has made written applica- tion to the City Council of Du- buque, Iowa for conveyance of whatever interest the City :)f Du- buque has in and to one certain al- ley lying between Washington and Jackson Streets from Seventh (7th) Street to Eighth (8th) Street in the City of Dubuque, Iowa; and WHEREAS, it appearing to the Council that the only interest that the City of Dubuque has in said alley is the right of reverter for use of said alley for public pur- poses and that the fee title to said alley rests in the owner of the property abutting said alley, which is Farley & Loetscher Mfg. Co.; and WHEREAS, there is a building occupying a portion of said alley; and WHEREAS, it appears to the City Council that it would serve the best public interest that the City of Dubuque dispose of its int- erest in said alley to Farley & Loetscher Mfg. Co. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the City Clerk is hereby directed to cause publica- tion of notice of intent by the City of Dubuque to dispose of its interest in the alley lying between Washington and Jackson Streets from 7th Street to 8th Street in the City of Dubuque, Iowa to Far- ley & Loetscher Mfg. Co. Sedion 2. That the form of Deed hereto attached to be executed by the Mayor and City Clerk con- veying interest of the City of Du- buque in and to said alley to Farley & Loetscher Mfg. Co. and the same is hereby approved. Section 3. That the costs of pub- lication be paid by Farley & Loet. scher Mfg. Co. and that no abstract of title be furnished. Passed, adopted and approved this 2nd day of July, 1962, by un- animous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the Ordinance. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 2, 1962 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for your con- sideration is plat of Miller Addi- tion. This plat has been approved by the Planning & Zoning Commission. Respectfully submitted Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. Councilman Schreiber moved that the communication be receiv- ed and filed. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 147-62 Resolution Approving the Plat of "Miller Addition" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot 7 of Mineral Lot 42 and Lot 2 of the westerly 78.68 feet of Lot 3 in Oak Grove Addi. tion, all in the City of Dubuque, Dubuque County, Iowa, are platted as: Lots 1, 2, 3, 4, and 5 in "Miller Addition" in the City of Dubuque, Dubuque County, Iowa by VerlYn 0. Miller and Ruth L. Miller, hus. band and wife, as owners thereof, and said plat has been examined by the City Plan Commission and aP- Regular Session, July 2, 1962 241 proved; and upon said plat appears a street to be known as Bush Street, and also easements for street purposes and for public utilities which the owners, upon said plat, have dedicated to the public forever; and WHEREAS, said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating thereto, except that the street has not been reduced to grade or paving or sidewalks in- stalled therein; and WHEREAS, storm and sanitary sewers, water mains and house laterals have been installed in ac- cordance with the plans submitted with the plat; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Bush Street, together with the easements for street purposes and public utilities as the same appear upon said plat are hereby accepted; Section 2. That the plat of the subdivision of Lot 1 of Lot 7 of Mineral Lot 42 and Lot 2 of the Westerly 78.68 feet of Lot 3 in Oak Grove Addition, all in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, upon said Plat, provided the owners of said Property, hereinbefore named, exe- cute their written acceptance here- to attached agreeing: a—To reduce Bush Street to grade, as shown by the profiles sub- mitted with the plat. b—To surface Bush Street, includ. ing the turn -around, as the same appears on said plat with 61/4 inch Portland cement concrete pavement with integral curb in accordance with plans submit- ted with the plat; c—To install concrete sidewalks on both sides of Bush Street in ac- cordance with the City of Du- buque Standards and Specifica- tions for permanent sidewalks; d—To construct the foregoing im- provements in accordance with plans and specifications approv- ed by the City Manager and un- der the inspection of the City Engineer; e—To maintain the street improve. ments and sanitary sewer and sidewalks hereinbefore referred to for a period of four (4) years from the date of their accept- ance; f—To provide the foreging con- struction and maintenance at the expense of owners; g—To construct said improvements except the concrete sidewalks prior to November 1, 1963; h—To construct said concrete side- walks prior to November 1, 1964; and further provided that Verlyn G. Miller and Ruth L. Miller as own- ers of said Subdivision secure the performance of the foreging con- ditions by providing security in such sums and with such sureties as may be acceptable to the City Manager; Section 3. That in the event the said Verlyn G. Miller and Ruth L. Miller shall fail to execute the ac- ceptance and provide the security provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 2nd day of July, A.D. 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 147-62 has been pro. vided by the owners. Dubuque, Iowa, July 6, 1962. Gilbert D. Chavenelle, City Manager i? ReMilar Session, July 2, 1962 ACCEPTANCE OF RESOLUTION NO. 147-62 Verlyn G. Miller and Ruth L. Miller having read the terms and conditions of the foregoing Resolu- tion No. 147-62 and being familiar with the contents thereof hereby accept the same and agree to per- form the conditions required there- in. VERLYN G. MILLER RUTH L. MILLER Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 148.62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law re- lating to the sale of cigarettes within the City of Dubuque, Iowa, be granted a permit to sell cigar- ettes and cigarette papers within said City. Nam* Addross Mrs. Gloria Glynn, 659.679 Central Avenue Robert A. Brillhart, 336 Main Street Earl J. McNamara, 1046 University Mrs. Josephine Burke, 215 West 9th Street, Fischer Building Robert Kehl, 62 Locust Street Clarke Oil & Refining Co., 1005 Dodge Street Mrs. Rita B. Love, 802 Iowa Street John F. Hall, 3050 Asbury Street James W. Baxter, 1501 Central Av- enue George K. Arvanitis, 1958 Central Avenue John P. Hemmer, 698 Central Av- enue Melville L. Donovan, 1876 Central Avenue Mrs. Doris Riekena, 301 Main Street Itoshek Brothers Co., 700.798 Lo- cust Street Harold A. Specht, 3003 Asbury Street Harriet Bush, 700 bast 16th Street Frank Lambert, 2323 Central Av- enue Robert E. Cahill. 402 locust Street Dlaubled American Veterans Club, lac, 9511,a Main Street William Harbaugh, 475 Central Av. enue Richard J. Kamentz, 1697 Jackson Street Louis 11. Harle, 62 Locust Street William J. Baum, 521 East 22nd Street John G. Kass, 678 Central Avenue George Ragatz, Jr., 1996 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap. plications be approved. PASSED, ADOPTED and AP- PROVED this 2nd day of JULY, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 149.62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licen. ses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address John P. hemmer, G98 Central A% enue CLASS "C" BEER PERMIT Louis O'Meara, 1655 Delhi Street PASSED, ADOPTED andAP• PROVED this 2nd day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. MORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Regular Session, July 2. 1962 243 Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 150-62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Council: WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City, and they have filed proper bonds: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS 'B" BEER PERMIT Name Address Hemmer, John P., 698 Central Av- enue CLASS "C' BEER PERMIT O'Meara, Louis, 1655 Delhi Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. PASSED, ADOPTED and AP- PROVED this 2nd day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays ---None. COUNCIL RECESSED AT 9:35 P.M. COUNCIL RECONVENED AT 9:40 P.M. Mayor Schall^r moved that Thomas M. Flynn be appointed to fill the vacancy on the Planning & Zoning Commission for a five year term to 5-24-67. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT, City Clerk Approved . Novem...ber 19,..1962. .............. Adopted Novem�bber 19, A City Clerk a.l.l Special Session CITY COUNCIL OFFICIAL Special Session, July 9, 1962. Council met at 7:30 P.M. Daylight Saving Time. Present—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos, City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of directing the date of public hear- ing on the Budget Estimate of Ex- penditures for the fiscal year be- ginning January 1, 1963 and ending December 31, 1963, and acting up- on any other business as may properly come before a regular meeting of the City Council. Communication of First National Bank agreeing to revocation of the parking meter ordinance which permitted use of parking facilities on 5th street alongside their old bank location, presented and read. Mayor Schaller moved that the communication be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Communication of American Mu- nicipal Association extending an invitation to the Council to attend the 29th Annual Congress to be held August 25-29 in Philadelphia, Presented and read. Councilman Kean moved that the communica. tion be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. July 5, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff. the petition of Hill- crest Builders, Inc., for street lights on Vizaleea and Keymont Drives. 46 July 9, 1962 It is recommended that the in- stallation of two light on Vizallea be granted. It is also recommended that the petition for the installa. tion of street lights on Keymont Drive be denied, as the abutting property on this street is not built- up sufficiently to require lights. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car. ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. July 9, 1962 To the Honorable Mayor and City Council Gentlemen: A street light has been requested on Adair Street. Your staff has investigated the situation, and it is recommended that one street light be placed at the intersection of Rosedale Av- enue and Adair Street, and a sec- ond light on Adair Street mid - block between Rosedale Avenue and Dexter Street. Respectfully, GILBERT D. CHAVENELLE, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas -Mayor Schaller, Councilmen Horgan, Kean, Schreiber, Takos. Nays—None. July 2, 1982 flon. Mayor & City Council City Hall Gentlemen: On June 12, 1962 Mary Monica Wagner of 970 Davis Avenue in the City of Dubuque, filed claim for damages for in- juries allegedly suffered as a re- sult of striking an excavation and diches in the street on Shiras Av- enue near the north exit from Eagle Point Park, while claimant was riding a bicycle with her sno on May 13, 1962. 1 have made an investigatio D 01 this claim and find that the pint of claiman't fall occurred outside of the City Limits of the City of Special Session, July 9, 1962 245 Dubuque, Iowa, and therefore recommend denial of said claim. Original claim is attached here. to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 6, 1962 Hon. Mayor & City Council City Hall Gentlemen: On March 21, 1962, Palmer J. Dillard of 124 West 13th Street and Lulu M. Dillard of same ad- dress, filed notice of claim against the City for injuries allegedly suf- fered as a result of a fall on a public sidewalk at the southwest corner of Seventeenth Street and Central Avenue in the City of Du- buque, Iowa, on March 8, 1962, claiming that said sidewalk was defective and covered with an ac- cumulation of rough, rounded and uneven snow and ice, and further claiming t h a t said condition existed for an unreasonable length of time. The said Lulu M. Dillard has incurred medical expenses of the amount of $122.65, and said claimants have made an offer of settlement in the amount of $350.00. It is the recommendation of the City Attorney that said of- fer be accepted and that the City Auditor be instructed to draw a warrant payable to the claimants in the amount of $350.00, and to deliver same upon the receipt of a duly executed release by the said claimants. Original claim is attached here. to. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war- rant in the amount of $350. pay- able to Palmer J. Dillard and Lulu M. Dillard and deliver same upon receipt of a duly executed release. Seconded by Councilman Kean. Carried by the following vote; Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of William J. Burke, in the amount of $10.00, for plumbing expense incurred as the result of a clogged up sanitary sewer at 560 Maplewood Court on June 30, 1962, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 6, 1962 To the Honorable Mayor and City Council Gentlemen: The petition of Farley and Loetscher Mfg. Co., requesting Vacation of Alley between White and Jackson from 7th to 8th Streets has been considered by the Planning & Zoning Commission. The Commission sees no public need for this alley and recom- mends same be vacated. Respectfully submitted, Dubuque Planning & Zoning Commission OWEN RILEY Secretary Councilman Kean moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 4762 An Ordinance vacating the al- ley between Jackson and White Streets from Seventh (7th) Street to Eighth (8th) Street in the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the 246 Special Session, July 9, 1962 Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean Schreiber, Takos. Nays—None. ORDINANCE NO. 47-62 AN ORDINANCE VACATING THE ALLEY BETWEEN JACKSN ANWHIT STREETSO FROM D SEVF. TE (7th) STREET TO EIGHTH (8th) STREET IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Farley & Loetscher Manufacturing Company of Du- buque, Iowa, has petitioned the City Council to vacate the alley between Jackson and White Streets from Seventh (7th) Street to Eighth (8th) Street; and WHEREAS, it appears to the City Council of Dubuque, Iowa, that said alley is no longer needed for public use; and WHEREAS, vacation of said alley has been approved by the Planning and Zoning Commission of Cl ty of Dubupue, Iowa. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF DUBUQUE, IOWA: Section 1. That the alley lying between White Street and Jackson Street from Seventh (7th) Street to Eighth (8th) Street be and the name is hereby vacated. Passed, adopted and approved this 9th day of July, 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: I.EO F. FROMMELT City Clerk Published officially In the Tele- graph Herald newspaper this 18th day of July 1962. LEO F. FROMMELT City Clerk It. 7-18 Petition of John J. Palm et al requesting that either stop or yield signs be placed at all inter. sections entering Hillcrest Road between Asbury and Carter Road, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Traffic Department for in. vestigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of. Peoples Natural Gas requesting permission to excavate in Bissell Lane, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Engineering Department. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Morgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Lynn & Gladys Hin• man requesting a refund in the amount of $75.00 on the unexpired portion of cigarette license No. 102, as they have discontinued business on July 2, 1962, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $75.00, payable to Lynn & Gladys Hinman, to cover the amount due on the unexpired portion of cigarette li- cense No. 102. Seconded by Coun- cilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 151.62 WHEREAS, the City Manager has submitted a budget estimate as provided in Chapter 24 of the 1962 Code of Iowa and the City Council had duly considered and caused to be prepared the budget estimate of expenditures for the fiscal year beginning January 1, 1963 and ending December 31, 1963 as a basis for the tax levy for the year 1962 the same to be Special Session, July 9, 1%.2 247 collected in the year 1963 and said budget having been duly approved by it. NOW THEREFORE BE IT RE- SOLVED bythe City Council of the CityDubuque that id budget estimate be and the same is hereby ordered filed in the of- fice of the City Clerk of the City of Dubuque and the date of public hearing thereon is hereby fixed as the 6th day of August 1962 at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is here- by directed to cause said budget estimate of expenditures to be published in the official newspa- per of the City of Dubuque and the official notice to be given of the time and place, when and where said budget estimate will be considered by said Council for final adoption, at which time and place, taxpayers will be heard for and against said estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 9th day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec. onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Kean moved that the Mayor write a letter to the American Legion and Dubuque Junior Chamber of Commerce commending them for the spec• tacular of the last week end. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None, Councilman Schreiber moved that the rules be suspended in order to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. Tom Loosbrock of the Urban Renewal Consultant Selection Com- mittee was in attendance but had no comments to offer. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT City Clerk Approved ...�Otf®iber �9A962. Adopted .....Nov er 19 City Clerk 2248 Special Session, July 23, 1962 CITY COUNCIL OFFICIAL Special Session, July 23, 1962. Council met at 7:30 P.M. Daylight Saving Time. Present—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Communication of Dukes of Du- buque tortgivenhe weekenduncil for of the supe S July, 7th & 8th, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of the Cultural Commission, by Joe A. Rhomberg Chairman, setting out their aims and objects, organization, the adoption of purposes, all relative to their financial needs, presented and read. Councilman Takos moved that the rules be suspended in order to allow anyone present address the Council if they so desire. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 12, 1962 To the Honorable Mayor and City Council Gentlemen: A request has been made for street lights on Bristol Drive. Your staff has investigated the location, and it is recommended that lights be installed on ease. ments between Lots 10 and 11 of Block 2, or between 1805 and 1815 Bristol Drive, and between Lots 6 and 7. Block 2, or 1755 and 1765 Bristol Drive. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 10, 1962 Honorable Mayor and City Council Gentlemen: I herewith submit the audit re- port of O'Connor, Brooks, Ahrendt & Brooks covering the examination of the city records and accounts for the year 1961. Respectfully submitted, Gilbert D. Chavenelle City Manager Mr. Joe Rhomberg addressed the Council by stating that the com- mittee have just been marking time. No building has yet been found that would be adequate to house a museum. He would not recommend a museum which would be nothing more than just a museum. He would be more in favor of an active community center. Councilman Takos moved that the communication of the Cultural Commission be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. j Councilman Takos moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 19, 1962 To the honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of June, as well as a list of claims and pay rolls for which warrants were is• sued for the month of June, 1962. 2, Respectfully Gilbert D. Chavenelle City Manager Special Session, July 23, 1962 249 Council sabe received and filed. akos moved that Seconded the repo by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of June 1962, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 23, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the approval of the City Solicitor: SIDEWALK James C. Martin, American Surety Company. Arthur A. Hartmann, d/b/a Hartmann Construction Company, Commercial Union Ins. Co. V & E Construction Company, American Employers' Ins. Co. HEATING Lester Kaufman and George Kuse, d/b/a K & K Beating Con- tractors, Merchants Mutual Bond. ing Co. Linehan & Molo, U.S. Fidelity and Guaranty Co. Walter F. Gronau & William H. Lammer, United Pacific Insurance Co. BLASTING Merl Goerdt, d/b/a Merl Goerdl Excavating, American States Ins Co. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Kean moved that the bonds and policies be filec subject to the approval of the Citi Solicitor. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. July 23, 1962 To the Honorable Mayor and City Council Gentlemen: At your meeting of July 9th, you referred to the Manager and Engineer a request of Peoples Natural Gas Division for excava- tion in Bissell Lane. You wished to determine if their customer re- quest for service was received prior to the repair of the lane. We have been informed that the customer, Donald Dahms, applied for a service gas connection on July 3rd. The alley was repaired June 12th. We recommend this petition be granted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 13, 1962 Hon. Mayor & City Council Gentlemen: On January 18, 1962, Andrew Ohnesorge of 2119 Johnson St., Dubuque, Iowa, filed claim against the City in the amount of $40.00 for damages allegedly suffered by his vehicle at 16th & Maple, Du- buque, Iowa. This office has prevailed upon the contractor's carrier to adjust said claim and this office has been advised that said claim has so been adjusted, and I therefore recommend denial of the claim filed against the City. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO City Attorney 250 Special Session, July 23, 1962 Mayor Schaller moved that the recommendation of the City At- torney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Victor Fessler Sr., in the amount of $27.78, for damage to his car as the result of striking a water shut-off at the corner of Brown and Delhi streets on July 16, 1962, presented and read. Councilman Takos moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Clarence L. Schuster, in the amount of $100., to cover damage and expense in- curred as the result of a sanitary sewer backing up into his home at 2195 Lincoln Avenue on July 9, 1962, presented and read. Coun- cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Joe Kress, in the amount of $84.75, for damage to her car as the result of a broken tree limb falling on same at 1821 Rhomberg Avenue, on June 18, 1962, presented and read. Councilman Takos moved that the notice of claim be refererd to the City Solicitor for investigation and report. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Marcella Oh. nesorge, in an un -named amount, for personal injuries received as the result of a fall in the erose walk between Maple and Cedai Streets on the north side of 14th Street on May 16, 1962, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schaller. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Sears Roebuck & Co. requesting permission to complete the off site portion of the sewer to the existing 84" line which re- quires excavation in Railroad Av- enue and continue construction on city property, presented and read. Councilman Takos moved that the request be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. Petition of Sears Roebuck Co. requesting permission to make test borings on opproximately two acres of land located west of Huff Street approximately six hundred feet south of Railroad Avenue, pre- sented and read. Councilman Takos moved that the request be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Ohio Casualty Insur- ance Company requesting release of sidewalk construction bond No. 5382184 issued to Wendell Retten- berger & Vincent Ryan d/b/a Ret- tenberger Tree and Landscape Service, presented and read. Mayor Schaller moved that the request be granted and the Clerk authorized to sign the release. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—None. Z–. Spacial Scission, July 23, 1962 251 Petition of Dubuque Water Ski Club requesting permission to stage a water ski show on August 5, 1962, in a closed area between Hawthorne & Lincoln Avenue, pre- sented and read. Mayor Schaller moved that the petition be granted subject to the approval of the City Manager and Water Superintendent. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Dubuque Packing Co. and Local No. 150 A.M.C. & B.W. of North American Union request- ing the Mayor to proclaim the period of August 31 to September 1, 1962, as 'BOOST DUBUQUE DAYS," presented and read. Mayor Schaller issued a procla- mation to comply with the request. Councilman Takos moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Amvets Auxiliary re- questing permission to hold White Clover Days August 24th and 25th, Presented and read. Councilman Takos moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 1S2-62. Preliminary Estimate and ap- proval of plans, specifications, form of contract and all other documents for the construction of a 15" sanitary sewer in Fengler Street from the existing manhole in Kerper Boulevard thence west- erly 503 feet to the existing man- hole first west of Peosta Street, at an estimated cost of $51846.25, presented and read. Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 153-62 Whereas proposed plans, specifi. cations, form of contract have been duly prepared and approved by the City Council of the City Of Du. buque and are now on file in the office of the City Clerk showing among other things the following: 1. The street to be imporved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of a fifteen inch (15") sanitary sewer in Feng - ler Street from the existing man- hole in Kerper Boulevard thence westerly 503 feet to the existing manhole first west of Peosta Street. Be It Therefore Resolved that the Ctiy Council in its own motion or upon petition of property own- ers, deems it advisable and neces- savr for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sanita- tion Fund -Municipal Improvements. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of July, 1962. 2.52 Special Session, July 23, 1962 Approved and placed on file for final action. Approved: LOUIS SCHALLER, Mayor JOHN P. SCREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. MORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the ap- proval of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 154-2 Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the pro- posed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of a fifteen inch (15") sanitary sewer in Fengler Street from the existing manhole in Ker - per Boulevard thence westerly 503 feet to the existing manhole first west of Peosta Street. Be It Therefore Resolved that on the 20th day of August, 1962, a public hetaring will be held at 7:30 P.M. Daylight Saving Time in the Council Chamber of the City of Dubuque at which time the objec- tors for the proposed improvement may appear and make objection to the proposed plans and specifi- cations and proposed form of con. tract, to the cost of the improve- ment and the Ctiy Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for it's consideration, the City Clerk be and he is hereby directed to have published the Notice of Pendency for said im. provement, and the City Clerk is hereby directed to advertise for Proposals for the construction of the improvement, Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Sec. onded by Councilman Kean. Car. ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 155--62 Preliminary Estimate, plans and specifications, form of contract plat and all other documents for the construction of an eighteen inch (18") storm sewer in Chaney Road from the existing storm sewer in Lot 1-1-1-2-1-1-1-2 of Highland Farm southerly in Chaney Road behind the east curbing to the existing storm sewer in Lot 1 of St. Rose Place; inclusive of a lateral line from Sta. 6-88.18 to the west prop- erty line of Chaney Road, at an estimated cost of $6,400.00, pre- sented and read. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 156-62 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: 1. The street to be improved. 2. The plan of such improve- ment. 3. The estimate of the cost of the proposed improvement. For the construction of an eighteen inch (18') storm sewer in Chaney Road from the existing storm sew, Special Session, July 23, 1962 253 er of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm southerly in Chaney Road behind the east curbing to the existing storm sewer in Lot 1 of St. Rose Place: inclusive of a lateral line from Sta. 6-88.18 to the west property line of Chaney Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resoltuion have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall 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 prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sanita. tion Fund — Municipal improve- ments. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of July, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved ap- proval of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 157-42 Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of an eighteen inch (18") storm sewer in Chaney Road from the existing storm sewer in I.ot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm southerly in Chaney Road behind the cast curbing to the existing storm sewer in Lot 1 of St. Rose Place; inclusive of a lateral line from Sta. 6-88.18 to the west property line of Chaney Road. Be It Therefore Resolved that on the 20th day of August, 1962, a public hearing will be held at 7:30 P.M. Daylight Saving Time in the Council Chamber of the Ctiy of Dubuque at which time the ob- jectors for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract, to the cost of the im- provement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for it's considera- tion, the City Clerk be and he is hereby directed to have published the Notice of Pendency for said improvement, and the City Clerk is hereby directed to advertise for proposals for the construction of the improvement. Passed, adopted and approved this 23rd flay of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- 2.54 Special Session, July 23, 1962 ed by Councilman Takos. Carriea by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 158---62 A resolution approving the plat of Lot 11 of Block 1, Lots 7, 8 and 9 of Block 2; Lots 6 to 14 of Block 3; Lots 1 to 5 or Block 4; and Lots 1 to 6 and Lots 14, 15 and 16 of Block 5 of Barony Woods in Dubuque Township, Dubuque County, Iowa. Whereas, there has been filed with the City Clerk a plat in which Lot 2 of Lot 2, Lot 3 and Lot 1 of Lot 4 of Goldthorp Place in Du- buque Township, Dubuque County, Iowa, are platted as Lot 11 of Block 1; Lots 7, 8 and 9 of Block 2; Lots 6 to 14 of Block 3; Lots 1 to 5 of Block 4; and Lots 1 to 6 and Lots 14, 15 and 16 of Block 5 of Barony Woods by the Barony, Inc., as owner thereof; and said plat has been examined by the Dubuque Planning & Zoning Com- mission and its approval obtained thereon; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto; Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the aforesaid lots, which will be here- after known as and named Lot 11 of Block 1; Lots 7, 8 and 9 of Block 2; Lots 6 to 14 of Block 3; Lots 1 to 5 of Block 4; and Lots 1 to 6 and Lots 14, 15, and 16 of Block 5 of Barony Woods, is here. by approved and the Mayor and City Clerk are hereby authorized and directed to endorse the ap. proval of the City of Dubuque upon said plat. Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Mayor Schaller moved the adop. tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Charles P. & Lucille Pfeiffer Jr. requesting annexation of Lot 1 of 1 of 3 of M.L. 312 and Lot 1 of 2 of M.L. 312, present. ed and read. Mayor Schaller moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Lenore A. Anthony requesting annexation of Lot 4 of 1 of 4 of M.L. 312; Lot 1 of 1 of 2 of 3 of M.L. 312, and Lot 1 of 3 of 2 of M.L. 312 in Dubuque County, presented and read. Mayor Schaller moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 23, 1962 To the Honorable Mayor and City Council Gentlemen: The City of Du- buque, Charles Pfeiffer, Jr. and Lucille Pfeiffer, and Leonore A. Anthony, the owners of territory adjoining the City of Dubuque, Iowa, as described in the attached copy of the proposed resolution of annexation and shown on plats at- tached thereto; and Charles Pfeif- fer Jr. and Lucille Pfeiffer, being the owners of—Lot 1 of Lot 1 of Lot 3 of Mineral Lot 312, and Lot 1 of Lot 2 of Mineral Lot 312; and Leonore A. Anthony, being the own of—Lot 4 of Lot 1 of Lot 4 of Mineral Lot 312, and Lot 1 of Lot 1 of Lot 2 of Lot 3 of Mineral Lot 312 and Lot 1 of Lot 3 of Lot 2 of Mineral Lot 312; have made written application for annexation to the City of Dubuque, Iowa; and the City of Dubuque, being the owner of the remaining portion of Special Session, July 23, 1962 255 the territory, as more specifically described in the proposed resolu- tion attached hereto, should join with the petitioners in annexing all of the said territory to the City of Dubuque, Iowa. It is the respectful recommenda- tion of your City Manager that the City Council adopt the resolution annexing the territories described in said resolution to the city of Dubuque, Iowa, as it would be in the best public interest. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Mayor Schaller moved that the recommendation of the City Man- agter be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 1S9-42 A Resolution Annexing Certain Territory to the City of Dubuque, Iowa Whereas, the City of Dubuque, Iowa, Charles Pfeiffer Jr. and Lu. cille Pfeiffer, and Leonore A. An- thony, are the owners of the fol- lowing described territory adjoin. ing the City of Dubuque, Iowa, to -wit: Lot 2 of Lot 6 in Fountain Hill Re -Subdivision, Lot 2 of Lot 1 of Lot 6 in Foun- tain Hill Re-subivision, Lot 1 of Mineral Lot 312, Lot IA of Mineral Lot 312, Lot 2 of Lot 3 of Lot 2 of Mineral Lot 312, Lot 2 of Lot 2 of Lot 3 of Min. eral Lot 312, Lot 2 of Lot 4 of Mineral Lot 312, Lot 2 of Lot 10f Lot 3 of Mineral Lot 312, Lot 3 of Lot 1 of Lot 4 of Min. eral Lot 312, oLt 2 of Lot 1 of Lot 2 of Lot3 of Mineral Lot 312, Lot 2 of Lot 1 of Lot 4 of Min. eral Lot 312 Lot 2 of Lot 6 of Mineral Lot 312, Lot 7 of Mineral Lot 312, and Lot 1 of Lot 1 of Lot 3 of Mineral Lot 312; Lot 1 of Lot 2 of Mineral Lot 312, and Lot 1 of Lot 3 of Lot 2 of Min. eral Lot 312, Lot 1 of Lot 1 of Lot 2 of Lot 3 of Mineral Lot 312, and Lot 4 of Lot 1 of Lot 4 of Min. eral Lot 312; Containing 46.98 acres of land, all in Dubuque County, State of Iowa; also described by metes and bounds as follows, to -wit: Beginning at the southwest cor. ner of Lot 7 of Mineral Lot 312, Thence North 419.8 feet, Thence North 61' 25' West - 611.4 feet, Thence South 460 40' West -218 feet, Thence North 50° 10' West -91.3 feet, Thence North 30 West -159.2 feet Thence North 260 50' West ---89.3 feet, Thence North 61° 25' West_ 578.5 feet, Thence North -258.4' Thence South 58" 53' East - 490.8 feet, Thence South 600 East -1678.9 feet, Thence South 760 15' East --323.4 f eet, Thence North 351, 15' East - 97.68 feet, Thence South 54,' East -724.0 feet, Thence South 45° East --462.0 feet, Thence South 50" 30' East - 808.5 feet, Thence South 410 30' East -165.0 feet, Thence West -1495.38 feet along Present corporation line, Thence North 170 25' West - 62.88 feet, Thence North IT, 25' West - 130.52 feet along present cor- poration line, Thence North 24" West --407.4 feet along present corporation line, Thence North 38° 15' West - 219.9 feet along present cor- poration line, Thence North 590 40' West - 538.2 feet along present cor- poration line, Thence West -338.4 feet along present corporation line to Southwest corner of Lot 7 of Mineral Lot 312, with the ex- ception of Lot 2 of Lot 2 of Mineral Lot 312; and 256 Special Session, July 23, 1962 Whereas, the owners of the here- inabove described territory have made written applications to the Ctiy Council of Dubuque, Iowa, to annex the hereinabove described territory; and Whereas, said territory is being built up and the inhabitants there- of will be enabled to secure the benefit of City Government by way of police and fire protection, and in addition thereto other benefits if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and Whereas, Section 362.30 of the 1962 Code of Iowa authorizes the extension of City Limits in situa- tions of this character by the adop- tion of a resolution therefor. Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section. I. That the territorial limits of the City of Dubuque, Iowa, are hereby extended by an- nexing to the City of Dubuque the following described territory: Lot 2 of Lot 6 in Fountain Hill Re -Subdivision, Lot 2 of Lot 1 of Lot 6 in Foun- tain Hill Re -Subdivision, Lot 1 of Mineral Lot 312, Lot lA of Mineral Lot 312, Lot 2 of Lot 3 of Lot 2 of Min- eral Lot 312, Lot 2 of Lot 2 of Lot 3 of Min- eral Lot 312, Lot 2 of Lot 4 of Mineral Lot 312, Lot 2 of Lot 1 of Lot 3 of Min- eral Lot 312, Lot 3 of Lot 1 of Lot 4 of Min- eral Lot 312, Lot 2 of Lot 1 of Lot 2 of Lot 3 of Mineral Lot 312, Lot 2 of Lot 1 of Lot 4 of Min- eral Lot 312, Lot 2 of Lot 6 of Mineral Lot 312, Lot 7 of Mineral Lot 312, and Lot 1 of Lot 1 of Lot 3 of Min- eral of 312, Lot 1 of Lot 2 of Mineral Lot 312, and Lot 1 of Lot 3 of Lot 2 of Min- eral Lot 312, Lot 1 of Lot 1 of Lot 2 of Lot 3 of Mineral 312, and Lot 4 of Lot 1 of Lot 4 of Min- eral Lot 312; Containing 46.98 acres of land, all in Dubuque County, State of Iowa; Also described by metes and bounds as follows: to -wit: Beginning at the Southwest cor- ner of Lot 7 of Mineral Lot 312, Thence North 419.8 feet, Thence North 61" 25' West - 611.4 feet, Thence South 46" 40' West -218 f eet, Thence North 50" 10' West -91.3 feet, Thence North 3" West -159.2 feet Thence North 26' 50' West -89.3 feet Thence North 61" 25' West - 578.5 feet Thence North 258.4' Thence South 58" 53' East - 490.8 feet, Thence South 6011 East -1678.9 feet, Thence South 76' 15' East - 323.4 feet, Thence North 35' 15' East - 97.68 feet, Thence South 54" East -724.0 feet, Thence South 45" East -462.0 feet, Thence South 50° 30' East - 808.5 feet, Thence South 411 30' East - 165.0 feet, Thence West -1495.38 feet along present corporation line, Thence North 17' 25' West - 62.88 feet, Thence North 171 25' West - 130.52 feet along present cor- poration line, Thence North 24" West -407.4 feet along present corporation line, Thence North 38' 15' West - 219.9 feet along present cor- poration line, Thence North 59" 40' West - 538.2 feet along present cor- poration line, Thence West 338.4 feet along present corporation line to southwest corner of Lot 7 of Mineral Lot 312, with the ex- ception of Lot 2 of Lot 2 of Mineral oLt 312; and Section 2. That the City Clerk and he is hereby directed to file in the office of the Dubuque Coun- ty Recorder a certified copy of this Resolution. Special Session, July 23, 1862 257 passed, adopted and approved this 23rd day' of July, 1962 by un animous roll call vote. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 16"2 Be It Resolved by the City Coun- cil of the City of Dubuque 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. Name Address Charles Horsch, 543 Eighth Av- enue Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAROS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 161-62 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Charles Hosch, 543 Eighth Av- enue Mrs. Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, 255 So. Main Street Milton E. Chapman, 709 Univer- sity Avenue Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 162-62 Whereas, applications for Class "B" Beer Permits were filed by the within named applicants and they have received the approval of this Council; 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 they have filed proper bonds: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a beer permit. CLASS "B" BEER PERMIT Name Address Charles Hosch, 543 Eighth Av- enue Mrs. Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, 255 So. Main Street Milton E. Chapman, 709 Univer- sity Avenue 2.58 Special Session, July 23, 1962 Be It Further Resolved Chats the bonds filed by such app roved. and the same are hereby approved. Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETTER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaadop- tion of the � onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT, City Clerk Approved 14ove9ber '.y1.1962 Adopted ..N0Te nber 19, City Cle[k Regular Session, August 6, 1962 4S9 CITY COUNCIL OFFICIAL Regular Session, August 6, 1962. Council met at 7:30 P.M. Day- light Saving Time. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. August 1, 1962 To the Honorable Mayor and Members of the City Council. Gentlemen: Attached is a list of all parcels of property within the City consisting of ten acres or more which would be eligible for taxation as agricultural land pro- vided they were used in good faith for agricultural or horticultural purposes. This list has been sub- mitted by the Assessor's office. I am enclosing another list which has been prepared listing the par- cels of property for which exemp- tions have been requested and to my knowledge are eligible for this exemption. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the list be approved and re- ceived and filed. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. 6. Honorable Mayor a dugust City Council City Hall Gentlemen: The Chamber of Commerce Tax Study Committee has reviewed the 1963 City of Du. buque budget as submitted to the Honorable Mayor and City Council on July 2, 1962. A detailed analysis of estimated revenues and expenditures was made by the Committee. Estimated cash balances as of January 1, 1963 and January 1, 1964 were also pro- jected, based on re-evaluation of revenues and expenditures during 1962 and 1963. There were several areas we felt miscellaneous revenues have been under estimated during 1962 and 1963, and budgted expenditures for 1962 had been over estimated based on expenditures during the first half of 1962. There were a number of items where our differences were rela. tively small and since the cash balances do not appear to be ex- cessive, we have accepted the 1963 City Budget as being reason- able. We would like to commend those who prepared the budget as to the orderliness and detailed in. formation which was available to us for analysis purposes. Yours truly, Robert Kolf, Chairman Tax Study Committee Dubuque Chamber of Commerce Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Takos moved that in account No. 135 Street Road Use Tax Construction Fund Carter Road grading be deleted and the undesignated projects be increased by the similar amount of $147,- 800.00. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Horgan moved that the $7500.00 in Account No. 106 for codification of Ordinances be deleted from the 1963 budget. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Takos. Nays—Councilman Schreiber. ion, August 8, 19(12 30 Regular Sess BUDGET EBTIMATE AND RECORD OF FILING Town and City Estlmats NOTICE -The Clty council of Dubuque of Dubuque County, Iowa, will meet August 9th, 1911, at 7;8o p.m., Dayllghl Saving Time, at Clty Hall. Taxpayers will be heard for or against the following estimate of expenditures for the year beginning January 1, 1969. A detailed statement of receipts and disbursements, both pnst and anticipated will be available at the hearing. LEO F. FROMMELT, City Clerk 1 2 a 4 a 361,804 1 w E:pendltorn for Ynr o 127,489 .............._ E! a'LJND9 .t y y i E i i'�: �a x Zx a " qq t"S street ................ .... __ ... _ 22,536 1 821,049 1 877,645 1 1,039,485 1 7,000 1 136,000 1 cc W Q r4 I ieneral ........ 1 67,738 1 243,808 1 258, 7 26 1 361,804 1 75,000 1 159, 315 1 127,489 .............._ I 63,178 I 238,782 I 191,995 1 223,923 1 17,000 1 12,681 1 191,042 street ................ .... __ ... _ 22,536 1 821,049 1 877,645 1 1,039,485 1 7,000 1 136,000 1 895,485 -ublic Safety .. I 1 28,343 I 684,849 I 580,326 1 642,501 1 40,000 1 271,167 1 331,324 ianitation ........_ Municipal Enterprise _.1 28,265 1 267,456 I 273,692 1 247.558 1 11,000 1 71,083 1 165,475 I 26,693 I 251,931 1 250,279 1 309,694 1 6,000 1 51,588 1 252,106 3ecreatlon 1 116,014 1 699,454 I 736,379 1 768.364 1 1 666,220 1 102,144 Utilities .. __ I 8,349 1 247,843 1 317,411 1 2f6,976 1 1,800 1 1,900 1 263,275 Debt Service 1 84,086 I 222,323 I 237,403 1 354,663 1 45,682 1 43,960 1 265,041 Trust and Agency I 90 i 279,020 1 294,960 1 420.000 I 1 420,000 1 Street (Road Use Taz) ...- - 1 16,346 1 80,600 1 73,000 1 60,000 1 I 60,000 I Liquor Profit ......_............_ 47,128 1 126,450 1 8&f27 1 86,260 I 1 85,260 1 Parking MetersE 1 Parking Lot....) 1 ( I I I 1 I 125 1 1 1 125 Street (Agr. Land) 1 1 4,012,245 1 4,157,943 1 4,779,3b2 1 203,462 1 1,979,274 1 2,596,516 TOTALS ............... .._ _ 1 477,660 Estimated Taxes per 11.000.00 of assessed value $33.651 173,856,846 Taxable valuation (1961) ............................_ ................... .. _ ........_ . ._. 107,749 Taxable valuation, a;rlcultural lands (1981) ... 18,804,512 6 Mills_...... _ ... ......._ 1,848,257 Moneys and credits (1991) Mile It 7-13 Councilman Takos moved that rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas -Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays -None. Mr. R. F. Sefzik addressed the Council at some length relative to the general run of City business. His general idea was to hold the line on taxes. Merle Bandy, representative of the fire department, stated that they are not satisfied with the budget, because it provides for raises in the upper brackets and none for the lower brackets. There is no place for the merit system on the fire department. First class firefighters are at the end of the line in the present pay plan sys- tem, while the Chief and Assistant Chief have two more steps to go. $370 per month is too low a start- ing wage for the fire department. A raise under Civil Service should be a general raise. Mr. Thos. Rettenmeier, repre- sentative of the Police Department voiced the opinion as being against the merit system increase. The starting wage for a patrolman, which is presently $370 per month, is not a living wage. He must work for four years before he gets full pay scale. They would like to talk over the pay plan with the City Council. Mr. Gerald Herburger, also a policeman, addressed the Council by stating that $445.00 per month is not a living wage for a patrol- man. The city of Ottumwa has eight holidays off while we only have three. Dubuque police have the finest standard in the State of Iowa. They would like to have a $20.00 per month raise. Mr. Merle Bandy, representing the members of the fire depart- ment, again addressed the Council by stating that they would like to have a definite raise for every man on the job. A reduction of the work week from 68 hours to 63 hours. Also looking forward to the Replar Session, Aupist 6. 1%F2 261 goal on a national scale to a 40 hour week. Also that the ambu- lance department be divorced from the fire department. That longev- ity pay be considered on the basis of five years instead of the present seven and a half years. Mr. Wm. Milcoff, representing the street department employees, stated that their group is against the merit system. They would like a cost of living plan. Councilman Horgan moved that the Manager be instructed to con- fer with all City employee repre- sentatives pursuant to the removal of present inequities between a man's pay classification and the job he is asked to do for the City. Seconded by Councilman Kean. Carried by the following vote- Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the amount appropriated in the 1962 budget to be used only as Retirement Fund for the City Manager be reinstated in the 1963 budget in the amount of $500.00. Seconded by Councilman Takos. Carried by the following vote- Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takgs. Nays—None. The following statement was read by Councilman Takos: Since coming to this Council in 1958, one of my main concerns has been both the budget and the ad- ministrative control of the bud. geted items. I have consistently fought at this table for economy in Municipal spending for realistic action in exercising proper budget- ary control and developing a fiscal expenditure program which is con- sistent with the wishes of the citi. zens of our community. I believe this is one of the more important functions of a Councilman. I also recognize that it is also our duty and obligation to provide adequately for a growing City and We are a growing city. It is neces- sary therefore, to balance the re- straint of expenditures with a Proper tolerance for inevitable growth. s Viewpoint I have an. alyzedhthe i1963 budget. The public by a vote has directed us to fur- nish a new service—namely the municipal court --cost $60,000. The Dutch Elm Pestilence requires an additional sum for increased pro- tection --cost $15,000. The Pension and Retirement funds require ad. ditional money as a safeguard to the City employees welfare;—cost $44.000; Total $119.000. If we could eliminate these items alone, the tax rate would be less than that of this year 1962. I examined the budget in another way for the taxpayer. What is he getting for the taxes he will be paying in 1963 including the . additional .7 mill increase. The City will furnish him with all of the present services he is receiving. In addition $25,000 will provide needed additional per- sonnel, $132.000 for new Equip- ment, $575,000 of new improve- ments. He will receive the Munici. pal Court, more Dutch Elm control, as well as protecting the pension and retirement rights of the city servants. To accomplish these ends are we mortgaging the future or are we trying to operate a multi-mil- lion operation on too thin a mar- gin? Not at all—the balances pro- jected total some $200,000 which will serve as a safe cushion and tend to serve as a safeguard against some unexpected emergency. I would be remiss if I did not commend Mr. Chavenelle and his committee. Mr. Frommelt and Mr. Holscher for their labors in per- fecting this document. I am cer- tain that no Council in the entire country has been presented with a better document or one that knows better where every dollar will go. It is a privilege to cast a vote of approval for such a skillfully pre- pared budget. I hope the people of Dubuque are aware to some de- gree of the capabilities and dedica- tion of the Manager, the Clerk and the Auditor. Sty personal thanks gentlemen for a job "well done." I also highly commend the Boards and Commissions in closely co- operating with the Manager and his committee to make. the 1963 budget palatable with Dubuque taxpayers. Councilman Schreiber moved that the statement as read by Councilman Takos be made a mat- 262 Regular Session, August 6, 1962 ter of record. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. Joe Melssen, a member of the Fire Department. addressed the Council by stating it would be un- wise for the whole Fire Depart- ment to meet with the City Mana- ger to iron out any salary difficul- ties. This should be handled by the Fire Chief meeting with the City Manager. RESOLUTION NO. 163-44 Whereas, the Council of the City of Dubuque, caused to be prepared and published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year beginning January 1, 1963 and ending Decem- ber 31, 1963, and the hearing upon said Budget Estimate was fixed for the 6th day of August, 1962, at 7:30 o'clock P.M., Daylight Saving Time, at the Council Chamber of the City Hall; and Whereas, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Esti- mate. It Is Therefore Resolved by the City Council for the City of Du- buque, Iowa: That the Budget Estimate of Ex- penditures for the fiscal year be- ginning January 1, 1963 and end- ing December 31, 1963, heretofore prepared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County. Iowa, together with the verified proof of publica- tion and the notice of hearing upon said Budget Estimate. Be It Further Resolved, that, the taxes required to be collected in the year be and the same are here- by levied in the various funds in the amounts in said Budget Esti- mate. Passed, adopted and approved this 6th day of August, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Council Recessed at 10:25 P.M. Council Reconvened at 10:35 P.M. RESOLUTION NO. 164-62 A Resolution Establishing the Tax Levies for the year 1962, the taxes to be collected in the year 1963 and used for Municipal pur- poses of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque, that there be and there is hereby levied the taxes for municipal purposes for the ensuing year of 1962 of the following number of mills on the dollar of all taxable property within corporate limits of said city. .95726 mills for General Fund 2.56070 mills for Street Fund 11.82540 mills for Public Safety Fund 4.37550 mills for Sanitation Fund 2.18520 mills for Municipal Enter- prise Fund 3.32914 mills for Recreation Fund 1.34890 mills for Utilities Fund .59030 mills for Fire Pension Fund .76220 mills for Fire Retirement Fund .62900 mills for Police Pension Fund .53390 mills for Police Retire- ment Fund .52532 mills for Federal Social Security .45929 mills for Iowa Public Em. ployee Retirement 3.47670 mills for Debt Service Fund 33.55881 Total Mills Be It Further Resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Regular Session, August 6, IW2 283 Be It Further Resolved that the ' Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Bud- get Estimate of Expenditures adopted by this Council on the 6th day of August 1962 to the Auditor of Dubuque County on or before August 15, 1962. Passed, adopted and approved this 6th day of August 1962. LOUIS SCIi?,LLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. MORGAN, Councilmen Attest: LEO F. FROMMELT, i City Clerk ; Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 31, 1962 To the Honorable Mayor and City Council Gentlemen: I request your per- mission to attend the 48th Annual Conference of the International City Manager's Association to be held in Philadelphia, October 14- 18, 1962. I am enclosing a letter from the Executive Director of the Associa- tion which describes the Confer- ence. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Takos moved that the request be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. July 31, 1962 To the Honorable Mayor and City Council, Gentlemen: During the past year many complaints have been re- ceived regarding a building located at 940 Althauser Street, S.W. 56, Of Lot 5 of Mineral Lot 470. I directed the various City De- Partments to make a complete in- spection of this building and premises. This inspection was made May 15, 1962 and the following is the report. Mr. Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Mr. Chavenelle: An inspection of a dilapidated structure formerly a dwelling lo. cated at 940 Althauser Street has been inspected by the Fire, Health and Building Departments and we wish to report the following: This structure has been vacant for many years and the general destruction due to lack of care or maintenance has reduced this building to a shell. The stone walls in the basement section have col- lapsed. The exterior walls are miss- ing in sections. The windows are missing. The floors are rotten and stripped to the joists. This structure was never con- nected to the sewer and water was served by a cistern. The building is a menace to the public, a fire hazard and an at- traction for children to trespass. We recommend that proper steps be taken to remove the remains of this building. Respectfully submitted. DONALD J. BANDY, Building Commissioner THOMAS C. HICKSON, Fire Chief ARTHUR MILLER, Sanitation Inspector After receiving this report I per- sonally inspected the premises. As a result of this inspection on May 21st I prepared the following notice. Mr. Joe Wolfe 615 Needham St. Dubuque, Iowa Dear Mr. Wolfe: I have personally inspected your Property, S.W. 56' of Lot 5 of Mineral Lot 470, at 940 Althauser Street and find the conditions as they have been reported to me by the Building Commissioner, Sanitation Inspector and the Fire Chief, substantially correct. According to Ctiy Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the premises. Yours very truly, GILBERT I). CHAVENELLE, City Manager 384 Regular Session, August 6. 1982 As a result of this notice Mr. Wolfe contacted my office. An ap- pointment was made for Monday, June 4, 1962 at 10:30 A.M. Mr. Wolfe did not keep this appoint- ment and we have had no further word from him. This notice has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 3"2 be enforced and that Joe Wolfe, owner of a building located at 940 Althauser Street and being on the S.W. 56' of Lot 5 of Mineral Lot 470 in the City of Dubuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted. GILBERT D. CHAVENELLE, City Manager Councilman Takes moved that the recommendation of the City Manager be approved and the Clerk instructed to publish proper notice of public hearing to be held in the Council Chamber at the City Hall on September 4, 1962, at 7:30 P.M. Central Standard Time. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 31, 1962 To the Honorable Mayor and City Council, Gentlemen: During the past year many complaints have been re- ceived regarding a building located at 1398 Maple Street. Lot 326 East Dubuque Addition. I directed the various City De- partments to make a complete in- spection of this building and premises. This inspection was made May 15, 1962 and the following is the report. May 17, 1962 Mr. Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Mc. Chavenelle: An inspection of the building located at 1398 Maple St. was made May 15, 1962 by the Fire, Health and Building Departments and w wish to report the following: This is a one story brick an frame building which has been vacant for some time. The building has been stripped by vandals, the windows and doors are missing, the rooms and yard are strewn with debris of all sorts. The partitions and ceilings have most of the plaster missing. This building is a fire hazard, menace to the children who play in this area and an eyesore to the general public. We recommend that proper steps be taken to cause the removal of this building, filling of the two ciEterns and outhouses. Respectfully submitted, DONALD J. BANDY, Building Commissioner THOMAS C. HICKSON, Fire Chief ARTHUR MILLER, Sanitation Inspector After receiving this report I personally inspected the premises. As a result of this inspection on May 21st I prepared the following notice. Mr. Jim Hajincoleas Dubuque, Iowa Dear Mr. Hajincoleas: I have personally inspected your property Lot 326 East Dubuque Addition, 1398 Maple Street and find the conditions as they have been reported to me by the Build- ing Commissioner, Sanitation In- spector and the Fire Chief, sub- stantially correct. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building, fill the cisterns and out* houses and clean up the premises. Yours very truly, GILBERT D. CHAVENELLE, City Manager This notice has not been served. The record title holder Mr. Hajin. coleas is deceased and apparently no estate was established. On Jan- uary 25, 1939 there was a mortgage to Fred Nicholas in the amount of $500.00 this man is also deceased. A man by the name of Mike Nick was the last occupant. He is pres. ently at a local rest home but he does not own the property. This is the situation at present and I recommend that the pro- visions of Ordinance No. 35--52 be e enforced and a public hearing be held after proper notice. d Respectully submitted, n GIW3ERT D. CHACEy LLE, Repilar Session, •Nmyust 6, 1962 265 Councilman Schrieber moved that the recommendation of the City Manager be approved and the Clerk instructed to publish proper notice of public hearing to be held in the Council Chamber at the City Iiall on September 4, 1962, at 7:30 P.M. Central Standard Time. Seconded by Councilman Kean. Carried by the following vote: yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 3, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of Michael Remakel and others concerning the operation of the incinerator by the National Tea Company at 1313 Dodge Street. The matter has been investigated and I am enclosing the report of the Building Inspector which describes the arrangement he has worked out with the store opera- tor. In short, all garbage type refuse is picked up and no longer dis- posed of in the incinerator. Fur- ther, all paper is disposed of by pick-up except the accumulation of Wednesday and Saturday nights. The latter is disposed of in the in- cinerator. I would like to point out that City fire regulations prevent this accumulation being stored in the building overnight. We will continue to see to it that the incinerator is operated only in the limited manner as described in Mr. Bandy's report. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved thta the communication be received and filed and a copy of same sent to Mr. Remakel. Seconded by Coun. cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. To the Honorable Mayor August 3, 1962 and City Council Gentlemen: A street light has been requested on Clarke Drive near the auditorium entrance of Clarke College. The situation has been investi- gated by your staff, and it is recommended that a 4000 lumen incandescent light be installed in this location. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 3, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff a petition of Walter A. Pregler concerning traffic flow on Shiras Avenue. Apparently the petitioner desires the city to paint a midblock crosswalk in the street since there are no crosswalks in a ten block area. In this area there are no streets which intersect with Shiras, and it is considered impractical and dangerous to paint a crosswalk that would lead only into the hill- side across the street. The enforcement of the speed law on Shiras Avenue has been stepped up by the use of the Traf- fic Department's two wheel motor- cycle during daylight hours, and it is also patrolled by squad cars on each of the three shifts. 1 have written Mr. Pregler about the action taken by the Police De- partment. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 3, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to me a petition of Mrs. Clyde H. 266 Regular Session, August 6, 1962 Clauer for connection to the city sanitary sewer at 131 Garnet Street and 3685 Jackson Street. I have investigated this matter and find that neither of these prop. erties are contiguous with the city limits, and consequently, not be annexed by resolution. Since it is the policy of the City not to supply services outside the city limits, I recommend that the peti- tion be denied. It is hoped that this situation will be resolved when the City undertakes an area annexation pro. gram. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 3, 1962 To the Honorable Mayor and City Council Gentlemen: The enclosed agree- ment for additional storm drain. age on Highway No. 20 is the re- sult of a conversation which the City Engineer and I had with the State District Highway Engineer some weeks ago. The additional storm drain con- struction is necessary in order to prevent water flowing over the new road. The agreement providing that the city pay one-half the cost of construction is an equitable ar- rangement, and funds are avail- able and have been set aside for the project in the Road Use Tax Fund. I recommend that the Council as cept the agreement. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Takos moved that the recommendation of the City Manager be approved subject tc an addition to the agreement to be called paragraph 5 "In no evenl should the City be obliged to pa} more than $7000.00 for one-half of the actual cost." Seconded b3 Councilman Kean. Carried by thi following vote: Yeas—Mayor Schaller, Council - nen Horgan, Kean, Schreiber, rakos. Nays—None. County—Dubuque Project U -UG -305(13) AGREEMENT This agreement made and en- tered by and between the Iowa State Highway Commission con- sisting of the following members: Robert Keir, Howard Helseber, Jo S. Stong, Everett Shockey and Wil- liam H. Nicholas, party of the first part, and the City of Dubuque, party of the second part. Whereas, a drainage situation has developed left of roadway Sta- tion 2411+50± from drainage of property owned by the Davis De- velopment Corporation of Rock Is- land, Illinois, and occupied by the A. & P. Grocery Market causing severe erosion of the highway backslope and silting conditions upon US -20 pavement surface and creating a serious maintenance problem and safety threat to the traveling public. Now, Therefore, be it agreed by and between the parties hereto: 1. The City of Dubuque, party of the second part, consents to the proposed work as shown on the plans as submitted and on file with the City Clerk. 2, The Iowa State Highway Com- mission, party of the first part, agrees to design a plan to improve the drainage condition by a flume intercepting the drainage from the A. & P. Market drive and parking lot area left of roadway Station 2410+20 to 2412+64 and carrying the drainage to a down flume left of Station 2411+50 and outletting westerly along the northerly side of US -20 to the natural drainage outlet at Station 2404+84-="- 3. The Iowa State Highway Commission, party of the first part, agrees to hold public letting on the proposed work and supervise construction of the work in accord. ance with the plans and specifica- tions. 4. The City of Dubuque, party of the second part, agrees to re- imburse the Iowa State Highway Commission, party of the first part, for one-half the actual cost of the proposed work estimated at $11,- Regular Session, August 6, 1962 267 831.00 upon completition and ac- ceptance of the construction. 5. In no event should the City be obliged to pay more than $7000.00 for one-half of the actual cost. Pased this 6th day of August, 1962, by the following roll call of years and nays: Yeas—Robert J. Horgan, James J. Kean, Louis, Schaller, John P. Schreiber, Peter J. Takos, Council- men. Nays—None. City of Dubuque LOUIS SCHALLER, Mayor Party of the Second Part Attest: LEO F. FROMMELT, City Clerk Approved this 15th day of Aug., 1962. Iowa State Highway Commission JO V. STONG Chairman Party of the First Part Assignment of Merl Goerdt to William Blum in the amount of $11,000 for moneys due and pay- able by the City for the construc- tion of the Deborah Drive Storm Sewer presented and read. Councilman Schreiber moved that the City Manager be author- ized to sign the assignment for the City. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. July 23, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Wil- bert Lange and Marie Engel re- questing vacation of portion of Platted valley in Broadway Addi- tion has been considered by the Planning & Zoning Commission. This alley has never been opened and the Commission sees no public need for same. The Planning & Zoning Com. mission recommends vacation of this alley as requested. Respectfully submitted, Dubuque Planning & Zoning Commission BY Owen Riley Secretary Councilman Takos moved that the communication be referred to the City Solicitor for proper pro- ceedings. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 23, 1962 To the Honorable Mayor and City Council, Gentlemen: The PI -inning & Zon- ing Commission recommends that the name of Bush Street be changed to Tressa Street. There are no houses at present on Bush Street. Respectfully submitted, Dubuque Plannning & Zoning Commission By Owen Riley Secretary Councilman Takos moved that the communication be referred to the Ctiy Solicitor for proper pro- ceedings. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RELEASE OF EASEMENT That the Interstate Power Com- pany, a Delaware Corporation, with offices in the City of Dubuque, Dubuque County, State of Iowa, for value received, does hereby cer- tify that a certain easement granted under the provisions of City of Dubuque, Iowa Ordinance 1-35 adopted on final passage January 21, 1935 by the City of Dubuque, Iowa to Interstate Power Company and filed for record on February 25, 1935 in Book 3 of affidavits on page 196 in the office of the Recorder for Dubuque Coun- ty, Iowa, is now abandoned ab- solutely and forever, and all of its right, title and interest under the aforesaid easement are hereby con- veyed to the City of Dubuque, Iowa and any other present own- ers of the land which was encum- bered by said easement. The release of this Easement is given by Interstate Power Com- pany in performance of an agree- ment dated August 4, 1958, by and between the City of Dubuque, Iowa, through its Board of Dock Com- 288 Regular Session, August 6. 1962 missioners and Interstate Power Company. Signed this 31 day of July, 1962. INTERSTATE POWER COMPANY M. L. Kapp President (Interstate Power Company) (Corporate Seal) Attest: C. W. Edmonds Secretary STATE OF: Iowa l ss. COUNTY OF: Dubuque f On this 31st day of July A.D., 1962, before me, Jane Landgraf, a Notary Public in and for the County of Dubuque. State of Iowa personally appeared M. L. Kapp, President and C. W. Edmonds, Sec- retary of Interstate Power Com- pany the corporation which ex- ecuted the above and foregoing instrument, who, being by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said corporation; that the seal affixed to said insrtument is the seal of said corporation, and that said in- strument was by them signed and sealed on behalf of the said cor- poration by authority of its Board of Directors, and each of them as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and each of them voluntarily executed. In Witness Whereof, I have here- unto signed my name and affixed my Notarial Seal on the day and year last above written. Jane Landgraf Notary Public in and for County of Dubuque State of Iowa My Commisison expires: July 4, 1963. Councilman Takos moved to ac- cept delivery of release of ease• ment and that same be received and made a matter of record. Sec onded by Councilman Kean. Car ried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays—None. Council proceedings for thi month of Jauary, 1962 presentee for approval. Mayor Schalle: moved that the Council proceed ings for the month of Januar; 1962 be approved as printed. Sec onded by Councilman Takos. Caj -led by the following vote: Yeas—Mayor Schaller, Council - nen Horgan, Kean, Schreiber, Cakos. Nays—None. Communication of D u b u q u e ,hamber of Commerce submitting i resolution requesting the Board )f Supervisors to acquire Right of ways still needed for a connecting road to Center Grove intersection already constructed by the High- way Commission in order that the section of road connecting the Old Timers Road and Center Grove can be constructed as soon as possible giving relief to traffic on Devon Drive, presented and read. Councilman Takos moved that the communictaion and resolution be referred to the Council. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of League of Iowa Municipalities advising that a tentative draft has been drawn of a proposed bill for the 1963 Legislature to provide for State Regulation of Utilities, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 3, 1962 To the honorable Mayor and City Council Gentlemen: I hereby certify that the following is a statement of all costs for the sanitary sewer con- structed in Section I of Orchard Hills Subdivision. The sanitary sewer was constructed in accord. ance with Resolution No. 279--61• 1452 Lin. Ft. 8" V.T.C. (ii 3.20$4,646.40 .............................. 6 No. of Manholes 6,240.00 1,440.00 14 No. of 8" x 6" Wye Brances 617.20 ................ 100.80 30504 Engineering ........................ . Inspection ............................ 539.97 $7,035.21 Very truly yours /s/ Arnold VanEtten Rmfilar Sessiotl, August 6. 1962 269 Councilman Takos moved that the statement be received and made a matter of record. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Ambrose Scheller Jr. of 405 Southern Av- enue, in an un -named amount, for property damage incurred as the result of a storm on July 22, 1962, due to the condition of Samuel Street, presented and read. Mayor Schaller moved that the notice of claim be referred to the Ctiy solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of Suit of Mrs. Eugene Bechen, in the amount of $2000 for personal injuries received as the result of a fall in the crosswalk at Hill and Eighth Avenue on March 11, 1961, presented and read. Mayor Schaller moved that the Notice of Suit be referred to the City Solicitor. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nay&—None. Notice of Claim of Norman E. Hanson in the amount of $86.06, for damage to his car as the result of salting by the City in the winter- time, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Joseph hart. man, in the amount of $88.00, for personal injuries received in a fall in the street at Walnut and W. 11th on March 20, 1962, pre. sented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Amend- ment of Current Budget, by in- creasing expenditures in the Rec- reation -Municipal -Golf Course Fund from $37,150 to $43,723, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 46-62 An Ordinance Amending Budget as approved by Resolution No, 192 —61 and Ordinance No. 1_62, said Ordinance having been previously presented and read at the Council meeting of June 25, 1962, pre- sented for Final Adoption. ORDINANCE NO. 46-62 An ordinance amending Budget as approved by Resolution No. 142-61 and Ordinance No. 1-62. lie it Ordained by the City Council of the City of Dubuque: That the unexpended cash .I-: ances on hand at the close of the preceding fiscal year not estimated or ed In the original budgetpapproved by Resolution No. 142-61 and Ordinance No. 1-62 are hereby allocated and appropriated for payment of necessary expendi- tures of City Government, In the following amounts and for the purposes as hereinafter get forth, and to that end the appropriations and allocations of funds are hereby authorised to -wit: RECEIPTS Fund Unencumbered Recreation— Balance Total Municipal Oolf Course Fund 6,573.00 6,576.00 EXPENDITURES Recreation—Municipal Golf Course Fund Ilan No 171-F. Equipment 6,573.00 This ap rruprlutiuu shall lie pald from the �tnrncumhered Cash bal- nnce over and above amounts anticipated January 1, 106'2. Total additional a 1propriation for the expenditure o� City Gov- ernment of the City of Irubuque, Iowa for the fiscal year beginning 270 Regular Session, August 6. 1062 January 11 1962 and ending December 31. 1962 ._- $6,673.00 25th day upon f it 962readlnR thio passed, adopted and approved opopuftnal 1962. reading this 6th day LOIIis SCHALLER, Mayor JOHN P. SCHREiBER, PETER J. TAKOS. JAMES J. KEAN. ROBERT J. HORGAN. Attest. City F. Frommelt, Published officially in the Tele- graph-Hemld Newspaper this 10th day of August 1962. LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. July 23, 1962 To the Honorable Mayor and City Council Gentlemen- The petition of Hart- man Construction Co. requesting rezoning of Lots 3, 4, and 6 of Block 1 Broadway Heights to Mul- tiple Family District has been considered by the Planning & Zon- ing Commission. These lots are adjacent to the present Multiple Residence District and should be included. The Planning and Zoning Com- mission recommends that the re- quest be granted. Respectfully submitted, Dubuque Planing & Zoning Commission By Owen Riley Secretary Mayor Schaller moved that the recommendation of the Commis- sion be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 48-62 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque by chang- ing the Zoning Classification of Lots 3, 4 and 6 of Block 1, Broad- way Heights to Multiple Family Residence District Classification, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that a public hearing be held on the Ordinance on September 4, 1962, at 7:30 o'clock P.M. Central Standard Time, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Harlan F. Loibl et al requesting installation of street lights from Catfish Creek on Fre- mont Avenue up to Kelly Lane, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Schreiber. Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Mrs. Ray Schmerbach et al requesting rezoning of the south side of Fast 26th street cov- ering lots 213, 214 and 215 Davis Farm Addition, presented and read. Councilman Takos moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. Regular Session, .'august 6, 11162 271 Petition of Clemens -Smith Con- struction Co. requesting permis- sion to excavate in the streets and alleys of the City, presented and read. Councilman Takos moved that the petition be granted subject to the furnishing of proper bond. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Roger B. Cox re- questing permission to excavate in Green Street for sewer and water connections, presented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of N. W. Bell Telephone Co. requesting permission to ex- cavate in the alley between Locust & Main between First and Second and Third and Fourth, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Stanley Hahn of Plover Wisconsin, requesting per- mission to sell potatoes here in the City on a house to house basis, Presented and read. Councilman Takos moved that the petition be referred to the City Manager and City Solicitor. Seconded by Mayor Schaller. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of University of Du. buque requesting permission to hold a homecoming parade on Oc- tober 13, 1962, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of J. Allen & Marijane S. Wallis Jr. and Richard V. & Betty R. McKay requesting vaca- tion of easements from utility com- panies located in Indian Hills, pre- sented and read. Councilman Takos moved that the petition be referred to the City Solicitor for proper proceedings. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Loriel Parker et al requesting repair and resurfacing of 16th Street from St. Catherine Street going west to the dead end of the street, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Street Commis- sioner. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Dubuque Blacktop Co. requesting purchase of an acre of land at the end of Huff Street, presented and read. Mr. Maurice Humke the owner of Dubuque Blacktop Co. addressed the Council by stating that he would like to purchase the ground to house machinery. Councilman Schreiber moved that the petition be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Joseph Blasen re- questing vacation of part of Oak Street, presented and read. Councilman Takos moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schreiber. Carried by the following vote, Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. 272 Regular Session, August 6, 1962 Proof of Publication, certified to by the Publisher, of Notice of Pro- posal to dispose of an alley lying between Washington Street and Jackson Street from Seventh Street to Eighth Street, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carreid by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 165-42 Whereas, pursuant to resolution and notice, the City Council of Dubuque, Iowa, met on the 6th day of August 1962 at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chamber in the City Hall to consider the proposal to dispose of the hereinafter describ- ed real estate, at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal; and Whereas, there being no written or oral objections to the proposal to dispose of the interest in real estate hereinafter described. Now Therefore Be It Resolved by the City Council of Dubuque, Iowa: Section 1. That the disposal of the interest of the City of Du- buque, Iowa in and to the alley lying between Washington and Jackson Streets from 7th Street to 8th Street in the City of Dubuque, Iowa, to Farley & Loetscher Manu. facturing Company be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute quit claim deed to Farley & Loetschei Manufacturing Company convey Ing the interest of City of Du buque, Iowa in and to said alle) and deliver said quit claim deet upon receipt of payment of costa of publication. Passed, adopted and appprovec this 6th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos mov-4 •' - adoption of t onded by Cou ried by the fo Yeas—Mayor men Horgan, Takos. Nays—None. Proof of Pu to by the Publ. Contractors of posals for the c of Dubuque 1 Laid Asphaltic I No. 2, Dodge Sti read. Councilman Z the proof of p ceived and filo Councilman Scht the following vo Yeas—Mayor men Horgan, Takos. Nays—None. Regular Session, August 6, 1962 273 (Awarding Contract) RESOLUTION NO. 166-64 WHEREAS, sealed proposals have been submitted by contractors for the improvement of Dodge Street from a point eA o^ -t east of the of Grandview property line Mix -Hot Laid aving. 962 Hot Mix - Concrete . Re - 2 pursuant -62 and Ho- ed in a news - ;aid City on r' ly 16, 1962; To the Honorably L/ I and City Council 1 Gentlemen: Sealed bids wt August 6, 1962 fc Dodge Street fron erty line of Blu point 64 feet ea property line of Gr with Hot Mix -Hot Concrete Paving. was entered by the Ing Company of i Their bid was 32. Engineer's estimate I recommend thi for the improveme: to the Tri-State Paving 0-umPany. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber. Takos. Nays—None. a sled propos- read on Au - has been bid of Tri" buque, Iowa ,898.38 was furnishing terials and is provided �cifications; r the City Dubuque the above be award - Company nd he is ite a con - City of Mete per - 'SOLVED, said con - the con- rreasurer acted to F the un - 6th day ...,u,uER yMayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk nan Takos moved the of the resolution. Sec - Councilman Kean. Car- le following vote: layor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 167— 42 Preliminary Estimate of pro- posed plans, specifications, form of contract and all other docu. ments for the construction of im. provements and Extensions to the Municipal Waterworks Plant and System for two steel standpipes and pumping station at Asbury and Park Hill sites, at an esti- mated cost of $425,960.00, pre- sented and read. Councilman Kean moved t h e adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 168-62 WHEREAS the City Manager has submitted proposed plans, specifi- cations, form of contract and esti- mated cost f o r constructing improvements and extensions to the Municipal Waterworks Plant and system in and for the City of Dubuque, Iowa, said proposed improvements and extensions con- sist in general of the following: Division A. Construction of two steel standpipes of approximate- ly 2.4 million gallons capacity and 1.4 million gallons capacity, respectively, with necessary ap- purtenances, on pile foundations at Asbury and Park Hill sites. Division B. Construction of a one- story concrete and masonry pumping station, including the furnishing and installation of two horizontal centrifugal pump- ing units, metering equipment, electrical, plumbing, heating and ventilating work. WHEREAS it is necessary and desirable that a public hearing be had on said proposed plans, speci- fications, and form of contract that bids be received for said work at said hearing and that notice be given of said hearing and in- vitations for bids all in accordance with Chapter 397 of the 1962 Code of Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 272 Regular Session, Proof of Publication, certified to by the Publisher, of Notice of Pro- posal to dispose of an alley lying between Washington Street and Jackson Street from Seventh Street to Eighth Street, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carreid by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 165--62 Whereas, pursuant to resolution and notice, the City Council of Dubuque, Iowa, met on the 6th day of August 1962 at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chamber in the City Hall to consider the proposal to dispose of the hereinafter describ- ed real estate, at which hearing all Interested parties were afforded an opportunity to be heard for or against such proposal; and Whereas, there being no written or oral objections to the proposal to dispose of the interest in real estate hereinafter described. Now Therefore Be It Resolved by the City Council of Dubuque, Iowa: Section 1. That the disposal of the interest of the City of Du- buque, Iowa in and to the alley lying between Washington and Jackson Streets from 7th Street to 8th Street in the City of Dubuque, Iowa, to Farley & Loetscher Manu- facturing Company be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute quit claim deed to Farley & Loetscher Manufacturing Company convey- ing the interest of City of Du- buque, Iowa in and to said alley and deliver said quit claim deed upon receipt of payment of costs of publication. Passed, adopted and appproved this 6th day of August, 1962. LOUIS SCHALLER Mayor August 6, 1962 JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved t h e adoption of the resolution. Sec. onded by Councilman Kean. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean. Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Resurfacing Project No. 2, Dodge Street, presented and read. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 6, 1962 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received on August 6, 1962 for the paving of Dodge Street from the east prop- erty line of Bluff Street to a point 64 feet east of the east property line of Grandview Avenue with Hot Mix -Hot Laid Asphaltic Concrete Paving. The lowest bid was entered by the Tri-State Pav- ing Company of Dubuque, Iowa. Their bid was 32.3% under the Engineer's estimate. I recommend that the contract for the improvement be awarded to the Tri -Stale Paving Company. Very truly yours, Gilbert 1). Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Regular Session, Atufiust 6. 1962 273 (Awarding Contract) RESOLUTION NO. 166-42 WHEREAS, sealed proposals have been submitted by contractors for the improvement of Dodge Street from a point 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff St. with Hot Mix -Hot Laid Asphaltic Concrete Paving. City of Dubuque 1962 Hot Mix - Hot Laid Asphaltic Concrete Re- surfacing Project No. 2 pursuant to Resolution No. 141-62 and no- tice to bidders published in a news- paper published in said City on July 9, 1962, and July 16, 1962; and WHEREAS, said sealed propos- als were opened and read on Au- gust 6, 1962, and it has been determined that the bid of Tri- State Paving Co. of Dubuque, Iowa in the amount of $52,898.38 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore. BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the un- successful bidders. Passed and adopted this 6th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMF,LT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 167-62 Preliminary Estimate of pro- posed plans, specifications, form of contract and all other docu- ments for the construction of im- provements and Extensions to the Municipal Waterworks Plant and System for two steel standpipes and pumping station at Asbury and Park Hill sites, at an esti- mated cost of $425,960.00, pre- sented and read. Councilman Kean moved t h e adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 168-42 WHEREAS the City Manager has submitted proposed plans, specifi- cations, form of contract and esti- mated cost f o r constructing improvements and extensions to the Municipal Waterworks Plant and system in and for the City of Dubuque, Iowa, said proposed improvements and extensions con. sist in general of the following: Division A. Construction of two steel standpipes of approximate- ly 2.4 million gallons capacity and 1.4 million gallons capacity, respectively, with necessary ap- purtenances, on pile foundations at Asbury and Park Hill sites. Division B. Construction of a one- story concrete and masonry pumping station, including the furnishing and installation of two horizontal centrifugal pump- ing units, metering equipment, electrical, plumbing, heating and ventilating work. WHEREAS it is necessary and desirable that a public hearing be had on said proposed plans, speci- fications, and form of contract that bids be received for said work at said hearing and that notice be given of said hearing and in- vitations for bids all in accordance with Chapter 397 of the 1962 Code of Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 274 Regular Session, August 6, 1962 That said plans, specifications, form of contract and estimates of cost of construction be placed on file with the City Clerk for public inspection and that a public hearing be had thereon in the Council Cham- ber in the City Hall in the City of Dubuque, Iowa, at 7:30 o' clock P.M. on the 10th day of September, 1962. t. That the City Clerk be and he is hereby authorized and directed to give notice of said hearing and publish invitation for bids for the construction of the work in the manner re- quired by law and in particular in accordance with the pro. visions of Section 397.16 of the 1962 Code of Iowa. Passed, adopted and approved this 6th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber Takos. Nays—None. RESOLUTION NO. 169-62 RESOLUTION providing for f notice of hearing on proposes plans, specifications and form o: contract for constructing improve ments and extensions to the mu nicipal waterworks plant ant system in and for the City o Dubuque, Iowa, and providing fo. taking bids in connection there with. WHEREAS the City of Dubuque Iowa, has heretofore establishes a municipal waterworks plant an, system in and for said City an it is necessary and desirable tha said plant and system be improve and extended by constructing tw steel standpipes of approximatel 2,400,000 gallons capacity and 1 400,000 gallons capacity, respei tively, together with necessar appurtenances, on pile foundatior at the Asbury and Park Hill site nd by constructing a one-story 3ncrete and masonry pumping ration at the Park Hill site, in. luding two horizontal centrifugal umping units, metering equip. ient, electrical, plumbing, heating nd ventilating work, and proposed tans, specifications and forms of ontract for said improvements and xtensions have been prepared by :onsoer, Townsend & Associates, :onsulting Engineers, and filed vith the City Clerk; and WHEREAS it is necessary to fix i time and place of hearing on aid proposed plans, specifications ind forms of contract, to provide or the taking of bids in connec- ion therewith and to give notice .hereof; NOW, THEREFORE, Be It and !t Is Hereby Resolved by the City ,ouncil of the City of Dubuque, Iowa, as follows: Section 1. That the 10th day of September, 1962, at 7:30 o'clock p.m., Central Standard Time, at the Council Chambers in the City Hall in the City of Dubuque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications and forms of contract for constructing improve- ments and extensions to the mu. nicipal waterworks plant and system in and for said City of Dubuque, Iowa, as referred to in the preamble hereof, and also as the time and place of taking bids in connection therewith. Section 2. That the Mayor and City Clerk are hereby authorized and directed to give notice of said hearing on said proposed plans, specifications and forms of con- tract and of taking said bids by publication of such notice once each week for two consecutive weeks in the Telegraph -Herald, a newspaper published in the City of Dubuque, Iowa, and having a general circulation in said City and also in the Register and Tribune, a newspaper published in Des Moines, Iowa, and having a general circulation throughout the State of Iowa, the first of which publications in each news- paper shall be made at least thirty days prior to the time of said hear- ing, all in conformity with Section 397.16 of the Code of Iowa, 1962. Said notice shall be in substantial- ly the following form: Regular Session, Angust 6, 1962 275 NOTICE OF PUBLIC HEARING ON PROPOSED PLANS AND SPECIFICATIONS A N D P R 0 - POSED FORMS OF CONTRACT FOR THE CONSTRUCTION OF MOVEMENTS A N D EXTEN- SIONS TO THE MUNICIPAL WA- TERWORKS PLANT AND SYS- TEM IN AND FOR THE CITY OF DUBUQUE, IOWA, AND THE TAKING OF BIDS FOR SUCH CONSTRUCTION. NOTICE IS HEREBY GIVEN that the City Council of the City of Dubuque, in Dubuque County, Iowa, will meet at the Council Chambers in the City Hall, in the City of Dubuque, Iowa, on the 10th day of September, 1962, at 7:30 o'clock P.M., Central Standard Time, at which time and place a hearing will be held and said Council proposes to adopt plans, specifications and forms of con. tract and to open bids for the con- struction of improvements and extensions to the municipal water. works plant and system in and for said City, and at which time and place, or at such later time and place as the Council then may fix, the Council will act upon pro. posals received and enter into contracts for the construction of said improvements and extensions. Sealed proposals will be received by the City at the office of the City Clerk in the City Hall, Du. buque, Iowa, until 7:30 o'clock P.M., Central Standard Time, on the above date and will be op- ened at 7:30 o'clock P.M., Central Standard Time on that date. Said proposed improvements and ex. tensions consist in general of the following: Division A. Construction of two steel standpipes of approximately 2.4 million gallons capacity and 1.4 million gallons capacity, re- spectively, with necessary ap. purtenances, on pile foundations at Asbury and Park Bill sltes. Division B. Construction of a one. story concrete and masonry pump- ing station, including the furnish- ing a n d installation of two hori2ontal centrifugal pumping units, metering equipment, elec- trical, plumbing, heating and ventilating work. All work and materials are to be in accordance with the plans, specifications and proposed forms of contract now on file in the office of the City Clerk of the City of Dubuque, Iowa, and by this reference made a part hereof as though fully set out and in- corporated herein. At the said time and place the City Council will also consider bids for the furnishing of water at wholesale for the use of the City and it is estimated that the needs of the City will require approxi- mately 1.7 billion gallons per year. Copies of all Contract Docu- ments for each Division are on file and are available for inspec- tion at the office of the City Clerk in the City Hall, Dubuque, Iowa, and at the offices of Consoer, Townsend do Associates, Consulting Engineers, 360 E. Grand Avenue, Chicago 11, Illinois. Copies of Contract Documents for each Division required for re- view or bidding purposes may be obtained only from the offices of the City Clerk at the address named herein upon payment to said City Clerk of the following specified amount for each Division: Division A—$20.00 Division B—$25.00 for each set of documents so obtained. The full amount of the deposit for one set of documents and one- half of the deposit for any addi- tional duplicate sets of documents will be refunded to each bidder who submits a formal bid to the City of Dubuque, Iowa, and who also returns the documents in good condition to the City Clerk within ten (10) days after his bid security has been returned to him. Equipment manufacturers, sub- contractors and others who do not submit formal bids to the City of Dubuque, Iowa, will be refunded one-half the amount of the deposit for all sets of complete documents returned in good condition to the City Clerk within ten (10) days after the opening of bids. No re- fund will be made for documents received after this ten-day period. Separate proposals are solicited for each of the above-named two Divisions. A bidder may submit a proposal on either of the two Divisions without submitting a proposal on the other Division, or 076 Regular Session, August 6, 1962 he may submit separate proposals on both Divisions. If he desires to bid on both Divisions, he must submit a separate proposal for each of the Divisions. submitting a proposal, bidder shall submit offers for alternate items of major equipment, all as pro. vided for in the Contract DOcu- ments for each Division. No proposal for either Division will be considered unless it is made on the Proposal form which is included in the Contract Docu- ments for such Division. The proposal for each Division must not be removed from, but must be kept bound with, such other Contract Documents for such Division with which it has been bound by Owner. Each proposal shall be accom- panied by a certified or cashier's check drawn on a solvent bank and made payable to the Treasurer of the City of Dubuque, Iowa, in an amount not less than five per cent (5%) of the amount bid. Sealed envelopes or packages con- taining proposals shall be marked or endorsed "Proposal for Du. buque, Iowa, Waterworks Improve- ments -1962". The certified or cashier's check is submitted as security that, if his proposal is accepted, the bidder will enter in- to contract with the City and will furnish an acceptable performance bond. This check may be cashed and the proceeds retained by the City of Dubuque as agreed liqui- dated damages, if the successful bidder fails to execute a contract and file an acceptable bond within fifteen (15) days after the ac- ceptance of the proposal by reso- lution of the City Council. No proposal may be withdrawn for a period of thirty (30) days after the date set for opening bids. Certified and cashiers' checks will be returned to the unsuccessful bidders promptly following award of the contract, and to the success. ful bidder when he shall have filed the completed contract documents and bond. The performance bond shall be in an amount equal to one hundred per cent (100%) of the contract price, issued by a responsible surety approved by the City Council, and shall guarantee the faithful performance of all terms and conditions of the con- tract. At said hearing the City Council will consider the plans and speci- fications and proposed forms of contract for the project, the same now being on file in the office of the City Clerk, reference to which is made for a more detailed and complete description of the proposed improvements and ex- tensions, and at said time and place the Council will also receive and consider any objections to said plans, specifications and forms of contract made by any interested party. The City of Dubuque, Iowa, pro- poses to complete financing ar- rangements for this waterworks improvement within ningty (90) days after construction proposals are received. Conditional award of contracts will be made by said City within thirty (30) calendar days of the date of the receipt of bids. The conditional award will be in effect until the City has been successful in raising the required funds for payment of construction costs. Provided it proves impossible to raise the required funds, the conditional award will be canceled by the City of Dubuque and said City shall not then be liable for any payments whatsoever to the Contractor. Extension of time be. yond the ninety -day period to com- plete financing may be made only by mutual agreement between the City of Dubuque, Iowa, the Con- tractor a n d the Contractor's Surety. Payment to the contractors for said improvements and extensions will be made pursuant to the pro- visions of Sections 397.9 to 397.19, inclusive, of the Code of Iowa, 1962, in cash to be derived from the proceeds of the sale of revenue bonds, which said revenue bonds will be payable solely and only out of the future net earnings of the municipal waterworks plant and system of the City. The City of Dubuque shall not incur any general obligations for said im- provements and extensions and neither the contracts for the con- struction of said improvements and extensions nor said revenue bonds shall constitute general obligations of said City or be payable in any Regular Session, August 6, 1962 277 manner by taxation, and under no circumstances shall said City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment thereof. Based on monthly progress estimates submitted by the Con- tractor on the first day of each month, payment will be made to the extent of ninety per cent (90%) of the value of materials delivered and construction completed during the preceding calendar month. Such monthly partial payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed. Upon completion of the work, final payment will be made not earlier than thirty-five (35) days after final acceptance of the com- pleted contract by resolution of the City Council, assuming that no unpaid claims then remain on file and that the Contractor has certified to the City Council that all materials, labor and services have been paid for as required in the specifications. The construction work on Di- vision A may be started within ten (10) days following the award of the contract and shall be com- pleted and ready for operation on or before June 1, 1963. The con- struction work on Division B may be started within ten (10) days following the award of the con- tract and shall be completed and ready for operation on or before June 1, 1963. By virtue of statutory authority preference will be given to prod- ucts and provisions grown, and coal produced, within the State of Iowa. The City hereby reserves the right to reject any or all bids, to waive informalities and to enter into such contract, or contracts, as it shall deem to be for the best interest of the City of Dubuque. This notice is given by order of the City Council of the City of Dubuque, Iowa. CITY OF DUBUQUE, IOWA By LOUIS SCHALLER Mayor Attest: LEO F. FROMMELT lerk Section 3. That all provisions set aut in said form of notice are hereby recognized and prescribed by this Council and that all reso- lutions or orders or parts thereof to the extent same may be in con- flict herewith are hereby repealed. Passed and approved August 6, 1962. LOUIS SCHALLER Mayor Attest: LEO F. FROMMELT / City Clerk (City of Dubuque—Seal) Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 170-62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, Iowa, be granted a permit to sell ciga- rettes and cigarette papers within said City. Name Address Amvets Club, 429 Main Street Trausch Baking Company, 20 So. Main Street Mrs. Bernice Kress, 2403 Central Avenue Eldon J. Konzen, 1281 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 6th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. 278 Regular Session, August 6, 1962 RESOLUTION NO. 171—b2 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address John L. and Viola Savary, 827 Dodge Street Celia M. Vosberg, 330 Main Street DeForrest P. Koeller, 127 West 6th Street Joseph F. Costa, 1091 Main Street Mrs. Josephine Nicks, 103 East 22nd Street Albert J. Ney, 1842 Central Ave- nue Frederick J. Sear, 1701 Central Avenue Fred Ansel, 1100 Lincoln Avenue Ellwood J. Gatton, 1598 Elm Street Cletus J. Meyer, 253 Main Street Joseph R. McGeough, 400 Rhom- berg Avenue CLASS "C" BEER PERMIT Harold 0. Specht, 3003 Asbury Street Passed, adopted and approved this 6th day of August, 1962. LOUIS SCHAUER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop tion of the resolution. Seconded by Councilman Takos. Carried b} the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays—None. RESOLUTION NO. 172-62 WHEREAS, applications for Bee Permits were filed by the withii named applicants and they hav received the approval of this Cour, cil; and WHEREAS, the premises to be occupied by such applicants were nspected and found to comply with the ordinances of this City nd they have filed proper bonds: VOW, THEREFORE, BE IT RESOLVED by the City ^ouncil of the City of Dubuque that the Manager be and he is hereby directed to issue to the Following named applicants a beer uermit. CLASS "B" BEER PERMIT Name Address John L. and Viola Savary, 827 Dodge Street Celia M. Vosberg, 330 Main Street DeForrest P. Koeller, 127 West 6th Street Joseph F. Costa, 1091 Main Street Mrs. Josephine Nicks, 103 East 22nd Street Albert J. Ney, 1842 Central Avenue Frederick J. Sear, 1701 Central Avenue Fred Ansel, 1100 Lincoln Avenue Ellwood J. Gatton, 1598 Elm Street Cletus J. Meyer, 253 Main Street Joseph R. McGeough, 400 Rhom- berg Avenue CLASS "C" BEER PERMIT Harold O. Specht, 3003 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 6th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Regular Session, August 6. 1962 Yeas—Mayorchallef Schreiber, liorgan, Takos. Nays—None. LEO F. FROMMELT City Clerk December 3 is62. Approved.................................... December 3 �2 Adopted ........,...rJ................. f; Ti ' City 279 280 Special Session, AujZust 20, 1962 CITY COUNCIL OFFICIAL Special Session, August 20, 1962. Council met at 7:30 P.M. Daylight Saving Time. Present—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- sidering the awarding of contracts for the construction of the Fengler Street and Chaney Road Storm Sewers and acting on all other business as may properly come be- fore a regular meeting of the City Council. August 9, 1962 To the Honorable Mayor and City Council, Gentlemen: In accordance with Ordinance No. 51-56 I recommend that the City Council approve the transfer from the General Special Assess- ment Fund to the various Special Assessment Funds listed below which have a Debit Balance. All Improvement Bonds issued in con- nection with these improvements have been redeemed and all in- stallments of these assessments have been paid and credited. Fund No. Name of Street and 1025 Groveland Place — type of Improvement .72 Debit Balance 1047 Green Street --Curb Surfacing .......................... and Gutter ...................... 5.62 1054 University Avenue Surfacing ........................ —Water Main ................ 8.55 1072 Hamilton Street — Surfacing ........................ Curb and Gutter ............ .15 1073 Hamilton Street — Curb and Gutter .......... Curb and Gutter .......... 3.59 1076 Brunswick Street — Curb and Gutter ............ 2.51 1085 Kane and Primrose —Sanitary Sewer .......... 3,361.31 1103 Booth Street—Sur- 1077 Concord Street — facing................................ 48.41 1105 East 26th Street — Surfacing .......................... 45.9' 1113 Pinard Street—Sur- facing ............................... 23.51 1115 Victoria Place—Sur- 1025 Groveland Place — facing................................ .72 1167 Prescott Street — 1035 Finley Street—Curb Surfacing .......................... 373.10 1200 Sullivan Street — 1050 Kaufmann Avenue Surfacing ........................ 56.70 1212 Floraview Drive — 1052 Strauss Street — Surfacing ........................ 75.48 1213 Floraview Drive — 1064 Bradley Street — Curb and Gutter .......... 74.59 Total Debit Balances to be transferred from the General Special Assess- ment Fund ...................... 4,080.36 Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved the ap- proval of the recommendation. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 9, 1962 To the Honorable Mayor and City Council, Gentlemen: In accordance with Ordinance No. 51.56 I recommend that the City Council approve the transfer of the credit balances in the fol- lowing Special Assessment Funds to the General Special Assessment Fund. All Improvement Bonds is- sued in connection with these im- provements have been redeemed and all installments of the assess- ment for the improvements have been paid and credited. Fund No. Name of Street and type of Improvement Credit Balance 1025 Groveland Place — Curb and Gutter ............ 120.20 1035 Finley Street—Curb and Gutter .................... 168.89 1050 Kaufmann Avenue —Sanitary Sewer .......... 94.17 1052 Strauss Street — Curb and Gutter .......... 1522 1064 Bradley Street — Curb and Gutter .......... 110.01 1066 Simpson Street — Curb and Gutter .......... 10.03 1067 Whelan Street — Curb and Gutter .......... .68 1077 Concord Street — 368.98 Curb and Gutter ............ Special Session, August 20, 1982 281 1078 Davenport Street— Curb and Gutter ............ 3.77 1080 Lawther Street — surfacing .........I .............. 16.74 1092 Stafford Avenue — Surfacing ........................ 227.64 1093 Strauss Street — Surfacing ........................ 1102 Edith Street—Sani- tary Sewer ........................ 1109 Logan Street—Sur- facing................................ 21.70 1111 Muscatine Street— Surfacing ........................ 25.52 1112 Nevada Street — Surfacing ........................ 13.32 1116 West 3rd Street— Surfacing ........................ 13.92 1129 1953 Hot Mix -Hot Laid Asphaltic Surfac- ing.................................... 4,005.40 1168 Rider Street --Sur- facing................................ 1.23 Total Credit Balance to be transferred to the General Special Assess- ment Fund ...................... 5,285.25 Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 17, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, as well as a list of claims and payrolls for which warrants were issued for the month of July, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved thal the reports be received and filed Seconded by Councilman Schreiber Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan. Kean, Schreiber Takos. nT.,.... ,.._. Proof of Publication, certified �o by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of July 1982, presented and read. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 20, 1982 To the Honorable Mayor and City Council Gentlemen: Your staff has inspected Stet. more Avenue area for street light- ing, and it is recommended that a street light be placed at the intersection of Stetmore and St. Joseph Streets. Respectfully, Gilbert D. Chavenelle City Manager Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. August 20, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: EXCAVATION Walter Wilhelm, d/b/a Wilhelm Excavating Co., Policy No. CL 636- 159, American States Insurance Co. Louis Buechel, Policy No. CGA 201730, U.S. Fidelity & Guaranty Co. SIDEWALK Raymond T. Trumm, American Surety Co. Abernathy Construction Co., Commercial Union Ins. Co. Werner Fritsch Construction, American Surety Co. 282 Special Session, August 20, 1962 Merlin Goerdt, d/b/a Merl G o e r d t Excavating, American States Ins. Co. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the filing of the bonds and policies be approved, subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 20, 1962 Honorable Mayor and City Council Gentlemen: You have referred to your staff a petition signed by Loriel Parker and others concerning the repair and drainage of West 16th Street from Catherine Street to the dead end at the top of the hill. We wish to report that the street has been cleaned and sealed and that a soft spot has been located at the upper end which will be excavated and resealed this week. Further, we will contact Loras College this week in order to ar- range for a correction of the drain- age from Loras field. It is this drainage that is the cause of loose earth material being washed on to 16th Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the communication be received and filed and a copy of same be sent to Mr. Loriel Parker. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 20, 1962 To the Honorable Mayor and City Council Gentlemen: A request has been received for the installation of a street light on private property at the end of Lindberg Terrace. The area has been inspected and it is not recommended that any light be mounted on private properly. It is however recom- mended that street lights be in- stalled in the following locations: 1. Install a light on a pole near house numbered #100 Lindberg Terrace. 2. Remove present light installed at 35 Lindberg to the bend in the street between 54 and 56 Lindberg. 3. Install a light between house numbers 8 and 12. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 20, 1962 Honorable Mayor and City Council Gentlemen: I am enclosing a request from the Caradco Company for a power line crossing at 8th and Jackson Streets. The conditions stipulated in the letter have been investigated by your staff and found to be satis- factory with the exception of the height of the line above the street. It is recommended that the re- quest be granted provided that the line be 23 feet 6 inches above the street on the north side and that it be placed as high as pos- sible on the south side, approxi- mately 22 feet or more. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the Man- ager be approved, the communica- tion received and filed, all subject to the inspection of the City Man- ager and the Electrical Inspector. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Assignment of Mulgrew Black- top Inc. of all moneys due on ac- count of work done on Project No. 1, City of Dubuque 1962 Bi- tuminous Concrete Surfacing Proj- ect No. 1, under and by virtue of Special Session, August 20, 1962 _ 2&3 a contract entered into under date of May 21, 1962, also assigning and transferring all estimates on file, or hereafter allowed on ac- count of work done under said contract. to American Trust & Savings Bank, presented and read. Councilman Schreiber moved that the Assignment be approved. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller. Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Printed Council proceedings for the month of February 1962, pre- sented for approval. Councilman Takos moved that the proceedings for the month of February 1962 be approved as printed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 16, 1962 Hon. mayor & City Council Gentlemen: On March 19, 1962, Mary Kauz- lick filed her claim for damages against the City of Dubuque for injuries allegedly suffered by reason of a fall on an ice covered public sidewalk at 1038 Bluff St.. Dubuque, Iowa. I have made an investigation of this matter and have conferred with the claimant who has made an offer of settlement of her claim in the amount of $12.00, being the cost of her medical care. It is the recommendation of the City Attorney that said offer be accepted and the City Auditor be instructed to draw a warrant pay- able to Mary Kauzlick and deliver the same upon receipt of a duly executed release. Original claim is attached here. to. Respectfully submitted, R. N. RUSSO City Attorney Mayor Schaller moved that the recommendation of the City at- torney be approved and the Audi. tor instructed to issue a warrant in the amount of $12.00 payable to Mary Kauzlick and deliver the same upon receipt of a duly exe- :uted release. Seconded by Coun- cilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 20, 1962 lion. Mayor & City Council Gentlemen: On January 11, 1962, Mrs. Millard Poquette filed notice of claim against the City of Dubuque claim- ing damages as a result of a fall on a public sidewalk in front of 909 West 5th St., Dubuque, Iowa, which alleged fall occurred on De- cember 23, 1961. Claimant claimed that said walk was unsafe due to rough, slippery and uneven accumulation of snow and ice. I have made an investigation of this matter and have confered with claimant's attorney who has made an offer of settlement in the amount of $750.00, and that the abutting property owners, Myril F. Healy and Joyce J. Healy, agree to con- tribute the sum of $300.00 to said settlement. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to issue a warant to Lucille E. Poquette and her husband Millard Poquette in the amount of $450.00 and to deliver the same to the City Attor- ney for transmittal to claimant up- on receipt of duly executed re- lease and upon receipt of contri- bution from the abutting property owners in the amount of $300.00. Respectfully submitted, R. N. Russo City Attorney Mayor Schaller moved that the recommendation of the City At- torney be approved and the Audi- tor instructed to issue a warrant in the amount of $450.00, payable to Lucille E. Poquette and Millard Poquette and deliver same to the Ciiy Attorney for delivery. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays --None. August 20, 1982 Hun. Mayor & City Council Gentlemen: On August 6, 1962, Joseph Hart- Special Session, August 20, 1962 284 man filed a claim upon behalf of his son, Mike Hartman. a minor, in the sum of $88.00 for injuries allegedly received by the said Mike Hartman, as a result of a fall on March 20, 1962 at. Walnut & W 11th Streets. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Mayor Schaller moved that the recommendation of the City At- torney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 20, 1962 Hon. Mayor & City Council Gentlemen: On July 30, 1962, Norman E. Hanson, filed a communication with the City Council claiming damages to his vehicle by reason of salt applied upon our city streets during the winter. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of this claim. Original claim attached hereto. Respectfully submitted, R. N. Russo City Attorney Mayor Schaller moved that the recommendation of the City At- torney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Emil & Thelma Althaus, in an un -named amount, for damage to their home at 2020 Green Street on July 22, 1962, due to a severe rainstorm and negli- gence on the part of the City as to grading an alley and failure to install a storm sewer in said alley located between Alta Place and North Algona, presented and read Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. ORDINANCE NO. 49.62 An Ordinance vacating me east- erly 150 feet of the alley lying between Lots 17, 18, 19, 20, 21 and 22 in Broadway Addition and Lot 1 and Lot 2 of Walter Place, presented arid read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Nays—None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 49.82 WITHIR •;AS, Wilbert Lange as owner of Lots 17, 18, 19, 20, 21 and 22 in Broadway Addition In the City of Dubuque, Iowa, and Marie I,ngel at; owner of Lots 23, 24, 25. 26 and 27 in Broadway Ad- dition, which latter Iota have here- tofore been platted as Lot 1 and Lot 2 of "Walter Place" in the City of Dubuque, Iowa, have pe- titioned the City Council to vacate the easterly 150 feet of the ZO foot wide alley abutting the herein- above devcribed real estate: and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, teas reCnm- mended the vacation of said alley as petitioned. N O W THF.RFFORF. BE IT ORDAINIED BY THE CITY COUN(`IL OF DUBUQUE IOWA: Section 1. That the easterly 150 feet of the alley lying between Lots 17, 18, 19, 20, 21 and 22 In Rrosdway Addition In the City of Dubuque, Iowa, and Lot I and Lot 2 of "Walter Place" in the City of Dubuque, Iowa, be and thesame in hereby vacated. Seetiun 2. That the City Clerk be and he is hereby ordered to file a certified eopy of this Or- dinance In the office of the Du- bmque County Recorder. Special Session, August 20, 1962 2M Passed, adopIf Aultust.ntl aly roved this 21 h day aCHA2.LFR Mayor JOHN P. SCHREIM, PFThR J, TAKOS JAMES J. KFA\ ROBERT J.10,RGAN' councilmen Attest: "eo F. From minelt City Clerk Rrapph11Heraldfne•wepaper ttlhisT2lth day of August 1961. LF.O F. FP.OM"1}:LT City Clerk it. S-24 Councilman Schreiber m o v e d the adoption of the Ordinance. Se- conded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreibcr, Takos. Nays—None. Councilman Takos moved that the Council view the grounds listed in the aforementioned Ordinance. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. ORDINANCE NO. 50.62 An Ordinance changing the name of Bush Street to Tressa Street pre- sented and read. Councilman Schreiber m o v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kean. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, K e a n, Schreiner, Takos. Nays—None. Councilman Schreiber m o v e d that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, K e a It, Schreiber•, Takos, Nays—None. l ORDIORDINANCE NO. 50-62 NANCE (',HAN(,IN<(', THE 1AMF OF BUS1i STREF,T TO TESfiA BE ITit OR1 AINED STRMFBY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the name of dunh Street be and the same In hereby changed to Tressa Sire,"" treet b 8iandhereby a nhe to . hat the (luthoriaed and directed to record a certified ('opY of this Ordinance in the i office of the County Recorder of Dubuque County, Iowa. Section 3. This Ordinance shall be in full force and effect from and after Its final passage, adop- tion and publication as by law provided. Introduced the 20th day of Au- gust, 1962. Rule requiring reading on three separate days suspended by unani- mous vote the 20th day of August, 1'-62. Passed by recorded roll call vole, ad, ted and a``tproved this loth day of August, 1962. LOL,IS SCHALLER, Mayor JOHN P. SCHREIBER. PETER J. TAKOS, JAMES J. KEAN. ROIIF.RT J. HORGAN. Councilmen \hest. Len F. Frnmmelt, City Clerk Published officially In the Tele- graph -Herald newspaper this 24th day of August, 1962 I.EO F. FROMMELT, City Clerk it x-24. Councilman Schreiber moved the adoption of the Ordinance. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 51.62 An Ordinance regulating Ani- mals and Fowl running at large, providing for and impounding and for sale or disposition of impound- ed animals and providing penalties for violation hereof, presented and read. .. Councilman Takos moved that the Ordinance be placed on file for thirty days for public inspec- tion. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan. Kean, Schreiber, Ta- kos. Nays—None. Petition of Genoa M. Beebe re- questing delivery of a deed to Lot 1A and Lot 2A in order to clear title to property in High Street Subdivision to comply with action taken by the City Council back in 1898, presented and read. Council- man Takos moved that the peti- tion be referred to the City Solici- tor for proper proceedings. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas- Mayor Schuller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Senior High School requesting permission to use a few 286 SI— eial Session, August 20, 1962 pieces of aerial pyrotechnics at their home football games during the 1962-63 season, presented and read. Councilman Takos moved that the petition be granted sub- ject to the Fire Chief's affirma- tion. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of Dr. Ralph Grimm et al requesting the extension of Lo- cal Business "B" zoning classifica- tion to all Lots 13, 14 and 15 in Finley Waples Burtons Addition with petition of adjoining proper- ty owners within 200' attached and joining in the request, presented and read. Mayor Schaller moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. Petition of Mrs. Anna Zimmer requesting installation of a street light in the neighborhood of 24th and Elm Street, presented and read. Mayor Schaller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Petition of William Harbaugh requesting a refund of $75 on the unexpired portion of cigarette li- cense No. 278, as he has discon- tinued business on August 6, 1962, presented and read. Mayor Schal- ler moved that the refund be granted and the Auditor instruct- ed to issue a warrant payable to William Harbaugh, in the amount of $75, to cover the amount due on the unexpired portion of cigarette license No. 278. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kes, Nays—None. Proof of Publication, certified o by the Publisher, of Notice of ?endency of resolution of necessity .or public improvements and hear - ng upon proposed plans and speci- rications. form of contract and cost [)f improvements for the construc- tion of a 15" sanitary sewer in Fengler Street, presented and read. Mayor Schaller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 153.62 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of a fifteen inch (15") sanitary sewer in Feng - ler Street from the existing man- hole in Kerper Boulevard thence westerly 503 feet to the existing manhole first west of Peosta Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall 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 prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and Speciul Session, Att};ust 20, 1962 3.137 expense of making said improve- ment will be paid from the Sani. tation Fund -Municipal Improve- ments. The above resolution was intro. duced, approved and ordered placed on We with the City Clerk this 23rd day of .July, 1962. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was passed and adopted, as proposed by the City Council this 20th day of August 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Ordering Construction RESOLUTION NO. 173.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Re. solution of Necessity No. 153-62 which was duly passed by this Council for the Construction of a fifteen inch (15") sanitary sewer in Fengler Street from the existing manhole in Kerper Boulevard thence westerly 503 feet to the existing manhole first west at Peosta Street. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of the property owners. All 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 Clerk, BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation Fund — Municipal Improvements. BE IT FURTHER RESOLVED "aat 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 August, 1962. LOUIS SCHALI.ER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop. tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan. K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to con. tractors of the receipt of proposals for the construction of the Fengler Street 15" Sanitary sewer from the existing manhole in Kerper Boule- vard thence westerly 503 feet to the existing manhole first west at Peosta street. presented and read. Councilman Takos moved that the proof of publication he re- ceived and filed. Seconded by Coun- cilman Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays—None. August 20, 1962 To the Honorable Mayor, and City Council, Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., D S.T. Monday, August 20, 1962 for the Fengler Street Sanitary Sewer. The lowest bid submitted was entered by the Saf- fran Construction Company of Du- buque, Iowa. The bid was 22.51% under the estimate. A tabulation of bids received are attached. I recommend that the contract for the improvement be awarded to the Saffran Construction Com- pany. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation be approved. 288 Special Session, August 20, 1962 Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Awarding Contract) RESOLUTION NO. 17462 Whereas, sealed proposals have been submitted by contractors for the Fengler Street Sanitary Sewer pursuant to Resolution No. 173-62 and notice to bidders published in a newspaper published in said City on July 27, 1962 and August 3, 1962; and WHEREAS, said sealed propos- als were opened and read on Aug- ust 20, 1962, and it has been de- termined that the bid of Saffran Construction Company of Du- buque, Iowa in the amount of $4,314.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Saffran Construction Company of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contrac- tors bond the City Treasurer is au- thorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the construction of an 18" storm sewer in Chaney Road from the existing storm sewer in Lot 1 of 1 of 1 of 2 of 1 of 1 of 1 of 2 of Highland Farm southerly in Chaney Road behind the east curbing to the existing storm sewer in Lot 1 of St. Rose Place; inclusive of a later- al line from Sta. 6+88.18 to the west property line of Chaney Road, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 156-62 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show. ing among other things the fol- lowing: 1. The street to be improved. 2. The plan of such improve- ment, 3. The estimate of the cost of the proposed improvement. For the construction of an eight- een inch (18') storm sewer in Chaney Road from the existing storm sewer in I.ot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm southerly in Chaney Road behind the east curbing to the ex- isting storm sewer in Lot 1 of St. Rose Place. inclusive of a lateral line from Sta. 6+88.18 to the west property line of Chaney Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to Special Session, August 20, 1982 M make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall 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 prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sani- tation Fund—Municipal Improve- ments. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of July, 1962. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed by the City Council this 20th day of August 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Ordering Construction) RESOLUTION NO. 175.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Resolu- tion of Necessity No. 156.62 which was duly passed by this Council for the construction of an eighteen inch (18") storm sewer in Chaney Road from the existing storm sewer in Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 Df Highland Farm southerly in Chaney Road behind the east curb. ing to the existing storm sewer in Lot 1 of St. Rose Place; inclusive Df a lateral line from Sta. 6=88.18 to the west property line of Chaney Road. Be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of the prop. erty 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 the said improvement be paid from the Sanitation Fund — Municipal Im- provement. 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 August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the receipt of proposals for the construction of the Chaney Road Storm Sewer, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. 290 Special Session, August 20, 1962 August 20, 1962 To the Honorable Mayor, and City Council, Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M.. D.S.T., Monday, Aug. ust 20, 1962, for the Chaney Road Storm Sewer. The lowest bid sub- mitted was entered by Smitty's Excavation Service of Dubuque, Iowa. The bid was 17.30% under the estimate. A tabulation of the bids received are attached. 1 recommend that the contract for the improvement be awarded to Smitty's Excavation Service. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation be approved. Seconded by Councilman Takos. Carried by the following vole: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. (Awarding Contract) RESOLUTION NO. 176.62 Whereas, sealed proposals have been submitted by contractors for the Chaney Road Storm Sewer pursuant to Resolution No. 175.62 and notice to bidders published in a newspaper published in said City on July 27, 1962 and August 3, 1962; and WHEREAS, said sealed propos- als were opened and read on Aug- ust 20, 1962, and it has been de- termined that the bid of Smitty's Excavation Service of Dubuque, Iowa in the amount of $4,985.00 was the lowest bid for the furnish. ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun. cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Smitty's Excavation Service of Du- buque, Iowa and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up. on the signing of said contract and the approval of the contractors bond the City Treasurer is author. ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES .l. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Iforgan, Kean, Schreiber, Ta- kos. Nays—None. August 20, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 Section 1 has been completed in accordance with the City of Dubuque plans and specifi- cations. I, therefore, recommend the ac- ceptance of the above named pro- ject. Very truly yours, Gilbert D. Chavenelle City Manager Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. Final Estimate RESOLUTION NO. 177.62 Whereas, the contract for the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 Section 1. 1. Kaufmann Avenue from the west property line of Lot 154 of L. II. Langworthy's Addition Special Session, August '_'(1_1462 291 to a point 13 feet east of the west property line of Weidem bachers Sub. 2. West fork of Grandview Ave nue Extension from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Northview Drive from the north property line of Kane Street to the north property line of Lot 1—of Lot 9 in Scen• is View Heights. 4. Carter Road from the north property line of Kane Street to the south property line of Lot 1 of Lot 2 of Lot 1 of Highland Farm. 5. Second Street from the west property line of Iowa Street to the east property line of Locust Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the CAN, Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $61,804.90. That $46,639.54 of the cost there- of shall be assemble upon private property and $15,165.36 shall be paid from the 135 J-1 Road Use Fund of the City of Dubuque. Passed, adopted and approved this 20th day of August, 1962. A RESOLUTION ACCEPTING IM- PROVEMENT AND DIRECTING THE CLERK TO PUBLISH NOTICE RESOLUTION NO. 178.62 City of Dubuque 1962 Hot Mix - Hot Laid Asphaltic Concrete Pav- ing Project No. l Section 1. I. Kaufmann Avenue from the west property line of Lot 154 of L. H, Langworthy's Addition to a point 13 feet east of the west property line of Weidenbacher Sub. 2. West fork of Grandview Avenue Extension from the south prop- ertv line of Kaufmann Avenue to a point 800 feet south. :3. Northview Drive from the north property line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View heights. 4. Carter Road from the north property line of Kane Street to the south property line of Lot 1 of Lot 2 of Lot 1 of Highland Farm. 5. Second Street from the west property line of Iowa Street to the east property line of Locust Street. 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 con- tract, plans and specifications and recommends its acceptance, now therefore, LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pav to the contractor from the funds to be realized from the sale of Improve. 292 Special Session, August 20, 1962 ment bonds issued upon the abov( described improvement in amount equal to the amount of his contract less any retained percentage pro vided for therein. Passed, adopted and approved this 20h day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved adop- tion of the resolution. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 179.62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating If., the sale of cigarettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Mrs. Margaret Petty, 475 Central Avenue BE IT FURTHER RESOLVED that the bond filed with the appli. cation be approved. Passed, adopted and approved this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Couecilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None, RESOLUTION NO. 180-62 WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be is. sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Mrs. Margaret Petty, 475 Central Avenue Passed, adopted and approved this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 18162 WHEREAS, application for Clara "B" Beer Permit was filed by the within named applicant and it has received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicant were inspected and found to comply with the ordinances of this City and she has filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is here- by directed to issue to the fol- lowing named applicants a beer permit. CLASS "B" BEER PERMIT Name Address Mrs. Margaret Petty, 475 Central Avenue Special Session, August 20, 1982 293 BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby ap- proved. Passed, adopted and approved this 20th day of August, 1982. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Councilman Schreiber moved to ad- journ. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT, City Clerk December 3, Approved ....................................1982 Ado ted December 3, p.................,.4;............... . �..� .................. Clerk Regular Session, September 3, 1962 295 CITY COUNCIL OFFICIAL Regular Session, September 3, 1962, Labor Day. NO MEMBERS OF THE CITY COUNCIL BEING PRESENT UPON ROLL CALL THE MEETING WAS POSTPONED SUBJECT TO CALL. LEO F. FROMMELT, City Clerk Approved `...an 7.....7 x ....... Adopted .... Jh-.•..•.7. x.......1963 yr,:..... �...,,.......... Atte �..�.. .............................. City Clerk 296 Adicn rned Regular Session, September 4, 1962 to permit the ultimate construction CITY COUNCIL of at least four levels, presented and read. Seconded by Councilman Kean ,-earried M thf f 0 S wia ED T If OFFICIAL vote: aC80_ri�UN I C' T I aN n RECE IVSD AND �challer, Counctl- Yeas—Mayor F I L E c, Adjourned Regular Session, Sep- men Horgan, Kean, Schreiber, tember 4, 1962. Takos. Council met at 7:30 P.M. C.S.T. Nays—None. Present—Mayor Schaller, Coun- Councilman Horgan moved that cilmen Horgan, Kean, Schreiber, the rules be suspended in order Takos. City Manager Gilbert D. to let anyone present address the Council if they so desire. Seconded Chavenelle. by Councilman Takos. Carried by Mayor Schaller read the call and the following vote: stated that service thereof had Council- Schaller, Council - been duly made and that this meet- been men Horgan, Kean, Schreiber, ing is an adjourned meeting of the Takos. Regular Meeting of September 3, Nays—None. for the purpose of acting Mr. Frank Saunders, executive upon such business as may come upon the secretary of the Chamber of Com - before a regular meeting of merce, addressed the Council in City Council. support of the resolution submitted Communication of Iowa State by the Chamber relative to the pro- Department of Health approving posed parking ramp. He submitted the functional features and plans a comparative report of cost of of the Waterworks Improvements, ramps in Madison, Wis. and Water - Asbury Standpipe and Park Hill loo, Iowa, to a proposed ramp here Pumping Station, presented and in the City, showing ground area, read. Councilman Takos moved that total area, number of cars, area the communication be received and per car, cost per space and cost of filed. Seconded by Councilman building only, on the basis of a Kean. Carried by the following three level structure. vote: Yeas—Mayor Schaller, Council- Mr. Eldon A. Pfohl of 2591 Cent - men Horgan, Kean, Schreiber, ral addressed the Council by stat- Takos. ing that the building of a parking Nays—None. ramp will solve absolutely nothing and the money could be used in a Communication of Fischer Realty much better fashion. Co. encouraging the proposed September 4, 1962 building of a two story parking To the Honorable Mayor ramp between 8th and 9th on and City Council Locust Street and Bluff to spur new Gentlemen: construction and renovation of ex- I submit to you the "Preliminary isting buildings in downtown Du- Downtown Parking Report" dated buque, presented and read. Coun- August, compiled Victor cilman Schreiber moved that the Gruen Associates. In the report the communication be received and investigators have: filed. Seconded by Councilman (A) Established the fact that there Kean. Carried by the following is shortage of convenient vote: Yeas—Mayor Schaller, Council• a customer parking space in the men Horgan, Kean, Schreiber, downtown core area; Takos. (B) Indicated that the City can Nays—None. solve this problem by con - Communication of D u b u q u e structing a parking rampon bounded by Chamber of Commerce submitting the block Ninth a resolution endorsing and approv. Bluff, Eighth and ing the Victor Gruen and Associ. Streets; ates recommendation that the prop- (C) Estimated that the financing erty between 8th and 9th and of land and structure expense Locust and Bluff be selected for a can reasonably be supported multistory parking ramp, suggest• by the income of the parking ing a three tier ramp and further I system; Adjourned Regular Session, September 4, 1962 297 (D) And reported that a parking structure at the Locust, Bluff, Eighth and Ninth Streets lo- cation would fit into future parking and master plans. As the report is considered by various groups, there will be gen- erated diverse ideas like whether or not a ramp should be con- structed, its location, the amount of parking, the parker to be served, and other uses to which the site under consideration can be put. These ideas of course, rep- resent real problems which I am certain can be solved in the pro- cess of designing the project. I suggest to you that by good re- search, survey and estimate, you have been advised that a ramp at the Locust Bluff location is feas- ible; that you not be distracted but rely on this guide to initiate the project, confident that the tangental problems can be solved. I believe that contained in this project are more opportunities for benefit to the whole commun- ity than just off-street parking it- self. I believe that this is an op- portunity to use good architectural design which will make our cen- ter town look more attractive. I believe this is an opportunity to make the area more usable and thus more profitable. I believe this is an opportunity to stimulate downtown development. I believe this is an opportunity to reinforce and continue the enthusiasm of our community which has devel- oped over the past several weeks. I believe this is an opportunity to use this initial step as a catalyst to spur other community projects in the months ahead. On the basis of confidence in the workableness of the project and its inherent community re - enforcing opportunities, I urge the Council to act promptly authoriz- ing the land purchase and the de- signing of the structure. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Horgan moved that the Manager's communication be referred to the Council until the meeting of September 11th with the Planning & Zoning Commis- sion. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan. Kean, Schreiber, To kos. Nays—None. September 4, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Edward F redden, 1651 Dodge Street eta] requesting rezoning of property adjacent to Dodge Street from Booth Street to Grandview Avenue has been con- sidered by the Planning and Zon- ing Commission. Two meetings were held with interested parties and the Commis- sion viewed the grounds. The petitioners stated as rea- sons for rezoning the following: Heavy traffic with its related noise and congestion. Parking restrictions. Lowering of property values. After full hearing and consid- eration of all related matters the Planning and Zoning Commission recommends denial of the petition of the petition for the following reasons. The development of Dodge Street for business through the years has been gradual and ac- cording to demand. The present business area has not been fully developed to cause a great de- mand for new zones. The commis- sion has moved to keep up with the demand and has not zoned with the idea paramount that just because a street carried a major highway that all adjacent property should be business. If that be the case then all of Central, White, Rhomberg and other highways should be business zones. One of the major reasons for zoning is to control development and con- gestion. To take a very substantial desirable and attractive residential area that is presently occupied by very good dwellings and place same in a business zone hoping for orderly development and main- taining or increasing property val- ues is not good zoning nor the proper approach to a desirable business area. Traffic generating within this area is very minor. To saturate this area with business concerns would add much to the entrance and exit to Dodge Street and the 198 Adjourned Regular Session, September 4, 1962 street would add to many approaches. ehazardof The establishment of business in this aera would seriously affect the newer houses in the immediate adjacent area. Business use,,, on the two corners at Grandview would certainly add to the problems at this intersec- tion with the school directly across the street. Many of the lots on the north side extend to the rear lines of the residences on Parkway and this would create an unusuable area if business were zoned for a reasonable distance north of Dodge Street. Areas zoned for business should be suitable for proper develop- ment in order that the business could be supported which would in some effect guarantee that the area would not degenerate and become a blight area which could seriously affect the whole district. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication and report be approved. Seconded by Cou; cil- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. August 31, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to the City Solicitor and myself the petition of Stanley Hahn for selling pota- toes door to door in the city. Mr. Hahn was interviewed in my office on August 30th. He presented as evidence of be- ing a disabled veteran a veteran's peddler licence issued by the Mo- tor Vehicle Department of Wis. consin; a certificate of disability issued by the Milwaukee Regional Office of the Veteran's Adminis. tration; and a D.A.V. membership card. Photostats of these are at- tached. Hahn did not have his Army dis- charge certificate but he stated that he had been honorably dis- charged. He also stated that his disability is multiple sclerosis, s which is service connected to a jeep accident in Germany while he was on military police duty. Hahn purchases potatoes from a grower in the Plover, Wisconsin area. He hauls about 3500 lbs. of potatoes in 50 pound packs. The potatoes are carried in a trailer pulled by his automobile. His crew consists of himself and two young men, one of which is his brother- in-law. He has sold potatoes in Ap- pleton, Wausau and Oshkosh. Hahn wishes to come to Du- buque about every three weeks and sell a load of potatoes door to door. He requested that he be permitted to do this until freez- ing weather when the operation must stop because his trailer is riot insulated against the cold. I recommend that Stanley Hahn be granted a peddlers license un- der Section 16 of Ordinance 5455. The license to be granted until the end of this year. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec- ond,d by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 4, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor: GENERAL LIABILITY Jim Schroeder, Bellevue, Iowa, Policy No. 20-006 410, United Fire & Casualty Co. Respectfully submitted Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the policy be filed subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Adjourned Regular Session, September 4, 1962 299 September 4, 1962 To the honorable Mayor and City Council Gentlemen: You have referred to me, Mr. Maurice T. Humke's letter of Aug- ust 6th, requesting that he be per- mitted to purchase approximately an acre of city land in the vicinity of Moore's Mill. Although I have not contacted Mr. Humke, nor has he been in touch with my office, I do not rec- ommend that the Moore's Mill land be used for the type of operation proposed. I have discussed Mr. Humke's petition with the Chairman of the Dock Commission and he has in- formed me that Mr. Humke has been in touch with the Dock Board and that the Board has shown him spaces in Area "A", a space near the city terminal building and has suggested several private sites. The Chairman has informed me that no final arrangements have been arrived at with Mr. Humke. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City ( Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Communication of R. F. Sefzik objecting to certain sections of the proposed Ordinance regulating animals and fowl, also questioning the right to keep the fee of $100 put up with the application for a certificate under the new refrig- eration and heating code in the event the application is not grant- ed, presented and read. Mr. R. F. Sefzik addressed the Council relative to the $100 ap- plication fee slating that the charge is too much of a burden to young men starting in business and the present ordinance is elimi- nating the little fellow. Mr. Eldon Pfohl felt that the new heating ordinance is penalizing the poor fellow and not the rich. Council man Schreiber moved that Mr. Sefzik's communication be re I w_ fe rred to the Council at the time the proposed ordinance regulating animals and fowl is presented for further consideration. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays --None. August 30, 1962 Hon. Mayor & City Council City Hall Gentlemen: On July 16, 1962, Mrs. Joe Kress, 1821 Rhomberg Avenue, Dubuque, Iowa, filed her claim for damages alleging damage to her vehicle on June 18, 1962 as a result of a tree limb falling on top of her car while parked at 1821 Rhomberg Avenue, said claim is in the amount of $84.75. I have made an investigation of this matter and have conferred with the Park Board Superintend- ent and find there is no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Solicitor Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kes. Nays—None. Notice of claim of C. J. Wiehl, in the amount of $8.00, for dam- age to his car as the result of strik- ing a hole in the street at 725 Sunset Ridge on August 29, 1962, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schaller. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing amending the Zon- 300 Adjourned Regular Session, September 4, 1962 ing Map by changing the Zoning classification of Lots 3, 4 and 6, of Block 1 Broadway Heights, pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 48-62 An Ordinance amending the Zoning Map by Changing the Zon- ing Classification of Lots 3, 4 do 6 of Block 1 Broadway Heights to Multiple Family Residence District Classification, said Ordinance hav- ing previously been presented and read at the Council meeting of August 6, 1962, presented for final adoption. ORDINANCE NO. 48-62 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque by chang- ing the Zoning Classification of Lots 3, 4 and 6 of Block 1, Broad- way Heights to Multiple Family Residence District Classification. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, be and the same is hereby amended by changing the Zoning Classification of Lots 3, 4 and 6 Block 1, Broadway Heights in the City of Dubuque from its present Single Family Residence District Classification to Multiple Family Residence District Classi- fication. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law pro. vided. Introduced the 6th day of Au- gust, 1962. Rule requiring reading on three separate days suspended by unani- mous vote the 6th day of August, 1962. Passed by recorded roll call vote, adopted and approved this 4th day of September, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS. JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Published officially in The Tele- graph -Herald newspaper this 10th day of September, 1962. 1 t 9-10 LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. ORDINANCE NO. 52-62 An Ordinance amending Ordi- nance No. 33--49 of the City of Dubuque, Iowa, by adding a new subsection 6 to Section B of Sched- ule X thereof requiring south- bound vehicles to yield the right of way before entering the inter- section of North Grandview from the cast fork of North Grandview Avenue, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 62.02 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 OF THE VITY OF DUBUQUE, IOWA, BY ADDING A NEW SUBSECTION 6 To SECTION B OF SCHEDTTLE X THEREOF It EQITIRING SOUTHBOUND VEHICLES TO YIELD THE R101IT OF %VAY BEFORE ENTERTNO THE IN- Adjourned Regular Session, September 4, 1982 301 TERSECTION OF NORTH GRANDVIEW FROM THE FAST FORK OF NORTH GRANDVIEW AVENUE. NOW THEREFORE BE IT OR- DAINED BY THE dITY COUN- BUQU F IOWA: CITY OF DU- Seetlon 1. That Ordinance No. 33-49 be and the same Is hereby amended by adding a new subsec- tion 6 to Section B of Schedule X thereof as follows: ,,SCHEDULE X. B. Southbound v e h icles shall yield the right of way before entering the Intersection of: 6. N o r t h Grandview Avenue from the east fork of North G r a n d view Ave- nue." Passed, adopted and approved this 4th day of September A.D.. 1962. Louie Schaller Mayor John P. Schreiber Peter J. Takos James J. Kean Robert J. Horgan Attest: Leo F. Fromme4t City Clerk Published officially In the Tele- graph -Herald newspaper thin 10th day of September 1962. 1 t 9.10 Leo F. Frommelt City Clerk Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 53--62 An Ordinance Amending Ordi- nance No. 33-49 of the City of Dubuque, Iowa by adding a new section 100 to Schedule VI thereof Prohibiting parking on the north side of Dodge Street from Locust Street westerly to the City Limits, and by adding a new section 101 to Schedule VI thereof prohibit- ing parking on the south side of East 20th Street from Central Av- enue to Elm Street and by adding a new section 102 to Schedule VI thereof prohibiting parking on the north side of East 20th Street from Central Avenue to Jackson Street and from Washington Street to Elm Street, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. man Takos. Carried by the follow• ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men, Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 63.62 AN ORDINANCE AMENDING ORDINANCE NO. 83-49 OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SECTION 100 TO SCHEDULE VI THEREOF PROHIBITING PARKING ON THE NORTH SIDE OF DODGE STREET FROM LOCUST STREET WESTERLY TO THE CITY LIM- ITS, AND BY ADDING A NEW SECTION 101 TO SCHEDULE VI THEREOF PROHIBITING PARK- ING ON THE SOUTH SIDE OF EAST 20TH STREET FROM CEN- TRAL AVENUE TO ELM STREET AND BY ADDING A NEW SECTION 102 TO SCHt4D- ULE VI THEREOF PROHIBIT- ING PARKING ON THE NORTH SIDE OF EAST 20TH STREET FROM CENTRAL AVENUE TO JACKSON STREET AND FROM WASHINGTON STREET TO ELM STREET. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Ordinance No. 33-49 of the City of Dubuque. Iowa, be and the same Is hereby amend- ed by adding a new Section 100 to Schedule VI thereof: by adding a new Section 101 to Schedule Vl thereof and by adding a new Sec- tion lot to Schedule VI thereof ss follows: "SCHEDULE VI. 100. On the north side of Dodge Street from Lo- cust Street westwardly to the City Limits. 101. On the south side of East 20th Street from Central Avenue to Elm Street. 102. On the north side of East 20th Street from Central A v e nue to Jackson Street a n d from Washington Street to Elm Street." Passed, adopted and approved this 4th day of September A.D., 1962. Louis Bohaller Mayor John P. Schreiber Peter J. Takos James J. Kean Robert J. Horgan Councilmen Attest: Leo F. Frommelt City Clerk grPPpbl1shedHeraofficially inthe he 10th day of September 198E. 1 t 9.10 Leo F. Frommelt City Clark 302 Adjourned Regular Session, September 4, 1962 Councilman Schreiber moved permit No. 105, presented and read. the adoption of the Ordinance. Councilman Takos moved that Seconded by Councilman Takos. the refund be granted and the Carried by the following vote: Auditor instructed to issue a war. Yeas—Mayor Schaller, Council- rant payable to Fred Ansel, in the men Horgan, Kean. Schreiber, amount of $150 to cover the amount Takos. due on the unexpired portion of Nays—None. beer license No. 105. Seconded by Petition of Eldon T. Herrig re- Councilman Kean. Carried by the following vote, questing the installation of lights yeas—Mayor Schaller, Council - I at the corner of St. George & Samuel & Tressa men Horgan, Kean, Schreiber, Tressa streets, streets. and at the Tressa Street Takos. Nays—None. turn -around, presented and read. Councilman Takos moved thatPetition of Fred Ansel request - the petition be referred to the ing a refund of $75 on the un - expired portion of cigarette license City Manager and Electrical In- spector for investigation and re- No. 50, presented and read. port. Seconded by Councilman Councilman Takos moved that Schreiber. Carried by the follow- the refund be granted and the ing vote: Auditor instructed to issue a war- Yeas—Mayor Schaller, Council- rant payable to Fred Ansel in the men Horgan, Kean, Schreiber, amount of $75 to cover the amount Takos. due on the unexpired portion of Nays—None. cigarette license No. 50. Seconded Petition of Brammer's Inc. re- by Councilman Kean. Carried by questing an additional option to the following vote: extend beyond February 28, 1970 Yeas—Mayor Schaller, Council - on the off-street parking lease men Horgan, Kean, Schreiber, presently in effect in order to se- Takos. cure optimum financial terms for Nays—None. proposed improvements, presented petition of Fred A. Donath re - and read. questing a refund of $150 on the Councilman Takos moved that unexpired portion of Class B Beer the petition be referred to the permit No. 64, presented and read. City Manager and City Solicitor. Councilman Takos moved that Seconded by Councilman Schaller. the refund be granted and the Carried by the following vote: Auditor instructed to issue a war- Yeas—Mayor Schaller, Council- rant payable to Fred A. Donath men Horgan, Kean, Schreiber, in the amount of $150 to cover the Takos. amount due on the unexpired por- Nays—None. tion of Class B beer license No. Petition of Jean Anfinson re- 64 Seconded by by Councilman questing a refund of $75 on the Kean. Carried by the following unexpired portion of cigarette vote: license No. 223, presented and yeas—Mayor Schaller, Council - read. men Horgan, Kean, Schreiber, Councilman Takos moved that Takos. the refund be granted and the mays—None. Auditor instructed to issue a war- petition of Fred A. Donath re - rant in the amount of $75 payable questing a refund of $75 on the to cover the to Jean Anon unexpired portion of cigarette li- amount due on the unexpired por the cense No. 217, presented and read. tion of cigarette license No. 223.. Seconded by Councilman Kean. Councilman Takos moved that Carried by the following vote: the refund be granted and the Yeas—Mayor Schaller, Council- Auditor instructed to issue a war - men Horgan, Kean, Schreiber, rant payable to Fred A. Donath, Takos. in the amount of $75 to cover the Nays—None. amount due on the unexpired por. Petition of Fred Ansel request- tion of cigarette license No. 217. Kean. ing a refund of $150 on the un -Seconded "B" by Councilman by the following vote: expired portion of Class beer Carried Adiourned Regular Session, September 4,1962 304 Yeas—Mayor Schaper, uouncii- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Klauer Julien Hotel Co. requesting a refund of $75 on the unexpired portion of cigarette license No. 10, presented and read. Councilman Takos moved that the petition be granted and the Auditor instructed to issue a war- rant payable to Klauer Julien Hotel Co., in the amount of $75 to cover the amount due on the unexpired portion of cigarette license No. 10. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Klauer Julien Hotel Co. requesting a refund of $150 on the unexpired portion of Class B beer license No. 78, presented and read. Councilman Takos moved that the petition be granted and the Auditor instructed to issue a war. rant payable to Klauer Julien Hotel Co. in the amount of $150 to cover the amount due on the unexpired portion of Class B beer license No. 78. Seconded by Coun- cilman Kean, Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider the City Manager's report as to the condi- tion of the building located at 1398 Maple Street formerly occupied by Mike Nick being I.ot 326 East Du- buque Addition in the City of Du- buque, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of service of notice by Patrolman Onufrak on the former resident of the building located at 1398 Maple Street as to notice of public hearing to consider dis. mantling of unsafe property, pre. sented and read. Councilman Takos moved that the proof of service be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 182--42 Whereas the City Manager has reported to the City Council that the building and premises known as 1398 Maple Street and located on Lot 326 East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, is dangerous to life and health because of its condi- tion and that demand has been made by him upon Mike Nick as tenant of said property and heir at law of Jim Hajencoleas due to the fact that the recorded owner of said property namely Jim Hajen- coleas is deceased, that the condi- tion complained of be corrected and that said tenant has failed to correct the condition within the time provided by the notice: and Whereas on August 6, 1962 the City Council set said report down for hearing at 2:30 o'clock P.M. September 4, 1962, in the City Council Chambers in the City Hall in the City of Dubuque, Dubuque County, Iowa and directed the City Clerk to give notice of said hearing; and Whereas it appears by the re- turn of service now on file in the records of the City Council that notice of said hearing was given by serving Mike Nick personally on August 17, 1962 and by publi- cation in the Telegraph -Herald n:,wspaper on August 17, 1962; and Whereas the Council has duly considered the testimony of the Witnesses and viewed the premises and has reached its determination; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the structure known as 1398 Maple Street and located on Lot 326 East Dubuque 304 Adjourned llegular Session, September 4, 1962 Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby found and declared dangerous to life, health and prop- erty and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 1398 Maple Street and located on Lot 326 East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa, to be dis- mantled and removed. Section 3. That upon completion of said work the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque County, Iowa, and it shall be col- lected with and in the same man. ner as general property taxes; Section 5. That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque Coun- ty, Iowa and file a certified copy thereof in the office of the County Auditor of Dubuque County. Passed, adopted and approved this 4th day of September, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER, PETER J. TAKOS JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of notice of City Manager's report as to the condition of the building located at 940 Althauser Avenue and own- ed by Joe 0. Wolfe and Anna B. Wolfe, being described as S. W. 56, of Lot 5 of M.L. 470 in the City of Dubuque, presented and read. No written objections were filed ind no oral objectors were present n the Council Chamber at the ime set for the public hearing. Councilman Takos moved that he proof of publication be received ind filed. Seconded by Councilman ,Kean. Carried by the following rote: Yeas—Mayor Schaller, Council - nen Horgan. Kean, Schreiber, rakos. Nays—None. Proof of service of notice by patrolman Onufrah on the owner Df the building located at 940 Alt- hauser Avenue as to the notice of public hearing to consider pro- posed dismantling of unsafe prop- erty, presented and read. Councilman Takos moved that the proof of service be received and filed. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. RESOLUTION NO. 183-62 Whereas the City Manager has reported to the City Council that the building and premises known as 940 Althauser Street and located on S.W. 56' of Lot 5 of Mineral Lot 470 in the City of Dubuque, Dubuque, County, Iowa, is danger- ous to life and health because of its condition and that demand has been made by him upon Joe Wolfe as owner of said property that the condition complained of be cor- rected and that said owner has failed to correct the condition with- in the time provided by the notice: and Whereas on August 6, 1962 the City Council set said report down for hearing at 7:30 o'clock P.M. September 4, 1962, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa and directed the City Clerk to give notice of said hear- ing; and Whereas it appears by the return of service now on file in the rec- ords of the City Council that Notice of said hearing was given by serv. ing Joe Wolfe personally on Au- gust 17, 1962 and by publication Adjourned Regular Session, September 1, 1962 305 in the Telegraph -Herald newspaper on August 17. 1962; and Whereas pursuant to said notice I and order of the City Council pub- lic hearing was held at 7:30 o'clock P.M. on September 4, 1962 in the City Council chamber in the City Hall in the City of Dubuque, Iowa, at which time the said .toe Wolfe, as owner of the above described real estate was afforded an op- portunity to be heard and wit- nesses concerning the condition of the Property and the hazard: and Whereas the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination: Now Therefore. Be It Resolved by the City Council of the City of Dubuque: Section 1. That the structure known as 940 Althauser Street and located o nthe S.W. 56' of Lot 5 of Mineral Lot 470 in the City of Dubuque. Dubuque County, Iowa, be and the same is hereby found and declared to be dangerous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 940 Althauser Street and located on S.W. 56' of Lot 5 of Min- eral Lot 470, in the City of Du- buque, Dubuque County, Iowa, to be dismantled and removed; Section 3. That upon completion of said work the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa and it shall be collected with and in the same manner as general property taxes; Section 5. 'That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque Coun- ty, Iowa and file a certified copy thereof in the office of the County Auditor of Dubuque County. Passed, adopted and approved this 4th day of September, 1962. LOUIS SCHALLER. Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. August 22, 1962 APPLICATION OF ANNEXATION To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: I. the undersigned, record title owner of the follow. in.,, described real estate, which is contiguous to the City of Dubuque, Iowa, do hereby request and peti- tion that the following described real estate be annexed to and made a part of the City of Dubuque, Iowa to -wit: I.ot 2 of 2 of Mineral Lot 312 in Township 89 'Forth, Range 3 East of the 5th P.11. Dubuque County, Iowa. All of the above according to the recorded plats thereof. Attached hereto and made a part hereof by this reference, marked Exhibit "A" is a plat showing the above described real estate in re- lation to the existing limits of the City of Dubuque, Iowa. DAVID R. STENDER Councilman Takos moved that the petition for annexation be ap- proved. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan. Kean, Schreiber, Takos. Nays— None. RESOLUTION NO. 184.62 A RESOLUTION ANNEXING CER- TAIN TERRITORY TO THE CITY OF DUBUQUE, IOWA WHEREAS, Mr. David R. Stender is the owner of the following de. scribed territory adjoining the City of Dubuque, Iowa towit: Lot 2 of Lot 2 of Mineral Lot 312 containing .036 acres of land, all in 306 Adjourned Regular Session, September 4, 1982 h 5th M h Dubuque County, State of Iowa, also described by metes and bounds as follows to wit: The southwest corner of Lot 2 of Lot 2 of Mineral Lot 312 is a point 1340 lineal feet East of the Southwest corner of Section 6. Township 89 North, Range 3 East of the 5th P.M.; thence north a distance of 15 lineal feet which is the corner of beginn;n?: thence north a distance of 90 lineal feet along present ('(:P. Limits. Thence east a distance of 175 lineal feet along present Corporation Limits: thence south a distance of 90 lineal feet along present Corporation Limits: thence west a distance of 175 lineal feet along present Corpor. ation Limits to the southwest cor- ner of Lot 2 of Lot 2 of Mineral Lot 312 which is the corner of beginning. WHEREAS, the owner of the hereinabove described territory has made written application to the City Council of Dubuque, Iowa to annex the hereinabove described territory: and WHEREAS, said territory is hAlt up and the inhabitants thereof will be enabled to secure the b^nel't of City Government by way of police and fire protection and in addition thereto other b-2nefits, if said territory is incorporated within the City Limits of the City of Dubuque, Iowa: and WHEREAS, Section 362.30 of the 1962 Code of Iowa authorizes the extension of City Limits in situations of this character by the adoption of a Resolution therefor. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seeloin 1. That the territorial limits of the City of Dubuque, Iowa are hereby extended by an- nexing to the City of Dubuque the following described territory: Lot 2 of Lot 2 of Mineral Lot 312 containing .036 acres of land, all in Dubuque County, State of Iowa: also described by metes and bounds as follows to wit: The southwest corner of Lot 2 of Lot 2 of Mineral Lot 312 is a point 1340 lineal feet East of the southwest corner of Section 6, Township 89 North, Range 3 East of t e P. ., t ence north a distance of 15 lineal feet which is the corner beginning: thence north a distance of 90 lineal feet along present Corp. Limits- thence east a distance of 175 lineal feet along present Corporation Limits: thence south a distance of 90 lineal feet along p r e s e n t Corporation Limits: thence west a distance of 175 lineal feet along present Corpor- ation Limits to the southwest corner of Lot 2 of Lot 2 of Mineral Lot 312 which is the corner of beginning. Section 2. That the City Clerk be and he is hereby directed to file in the office of the Dubuque County Recorder a certified copy of this Resolution. Passed, adopted and approved this 4th day of September, 1962 by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION N0. 18562 WHEREAS, Farley & Loetscher Manufacturing Company has made written application to the City Council of Dubuque, Iowa for con. veyance of whatever interest the City of Dubuque has in and to one certain alley lying between White Street and Jackson Street from Seventh (7th) Street to Eighth (8) Street in the City of Dubuque, Iowa; and WHEREAS, it appearing to the Council that the only interest that the City of Dubuque has in said alley is the right of reverter for use of said alley for public pur- poses and that the fee title to said alley rests in the owner of the property abutting said alley, which is Farley & Loetscher Manufactur- ing Company' and Adjourned Repilar Session, Septernb( r 4, 11162 307 WHEREAS, there is a building occupying a portion of said alley; and WHEREAS, it appears to the City Council that it would serve the best public interest that the City of Dubuque dispose of its interest in said alley to Farley & Loetscher Manufacturing Company. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL. OF DUBUQUE, IOWA: Section 1. That the City Clerk is hereby directed to cause publica tion of notice of intent by the City of Dubuque to dispose of its interest in the alley lying between White Street and Jackson Street from Seventh (7th) Street to Eighth (8th) Street in the City of Dubuque, Iowa to Farley & Loetscher Manu- facturing Company. Section 2. That the form of Deed hereto attached to be executed by the Mayor and City Clerk convey- ing interest of the City of Dubuque in and to said alley to Farley & Loetscher Manufacturing Company be and the same is hereby ap- proved. Section 3. That the costs of pub- lication be paid by Farley & L.oet- scher Manufacturing Company and that no abstract of title be fur- nished. Passed, adopted and approved this 4th day of September, 1962, by unanimous roll call vote. LOUIS SCILALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: I.EO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takes. Nays—None. RESOLUTION NO. 186.62 WHEREAS, J. Allen Wallis and Marijane S. Wallis are the owners of the following described real estate: Lot 2 of Lot 1 of Lot 1. Block 2, Indian Hills; Lot 1, Block 7, Indian Hills; Lot 1 of Lot 2, Block 7, Indian Hills; Lot 2 of Lot 3, Block 7, Indian Hills; Lot 1 of I.ot 7, Block 7 Indian Hills; Lot 2 of Lot 6, Block 7, Indian Bills; Lot 1 of Lot 7, Block 7 Indian Hills; Lot 2 of Lot 7, Block 7, Indian Bills; and Lot 8, Block 7, Indian Hills' and WHEREAS. Richard V. McKay and Betty R. McKay are the owners of the following described real estate: Lot 1 of Lot 3, Block 7, Indian Hills: and Lot 4, Block 7, Indian Hills: and WHEREAS, the foregoing owners of real estate have petitioned the Council to vacate the easements which easements are shaded in green on the Plat attached hereto and marked Exhibit "A" and by reference made a part hereof; and WHEREAS, it appearing that Northwestern Bell Telephone Co., Dubuque, Iowa, Dubuque T.V.-F.M. Cable Co., Dubuque, Iowa, Peoples Natural Gas, Dubuque, Iowa, and Interstate Power Co., Dubuque, Iowa, each in writing has certified that there are no existing utilities owned by each of said companies lying in the easements set forth in green color on the attached Plat and that each of said com- panies does not intend to use said easements as shown in green color on the attached Plat marked Ex. hibit "A"; and WHEREAS, it appears that the City of Dubuque has no utilities nor does the City of Dubuque in- tend to install any utilities in the easements marked in green color as set forth in Exhibit "A" attached hereto and by reference made a part hereof. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque in and to the easements situated in Indian Hills in the City of Du- buque, Iowa as designated by green color on the Plat attached hereto marked Exhibit "A" to J. Allen 306 Adjourned Regular Session, September 4, 1962 Wallis and Marijane S. Wallis cov- ering the easement burdening their land in favor of the City of Du- buque, Iowa be and the same is hereby approved. Section 2. That the disposal of the interests of the City of Du- buque, Iowa in and to the ease- ments burdening thereal estate owned by Richard V. McKay and Betty R. McKay as designated in green color on the attached Plat marked Exhibit "A" to the said Richard V. McKay and Betty R. McKay be and the same is hereby approved. Section 3. That the Clerk is here- by directed and authorized to pub- lish notice of intent to dispose of interest of real estate by the City of Dubuque, Iowa to the afore- mentioned property owners to be published in accordance with law. Section 4. That no abstract of title be furnished by the City of Dubuque and that the costs of pub- lication shall be paid by the afore- mentioned property owners. Passed, adopted and approved this 4th day of September, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, rakos. Nays—None. September 4, 1962 To the Honorable Mayor and City Council, Gentlemen: Herewith is submitted for your consideration is subdivision of A. H. Oeths Sub. No. 2. This development is located be- tween Southern Avenue and the Rockdale Road and south of Grand - vow Avenue. This plat has been approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Kean moved that the communication be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 187.62 Resolution Approving the Plat of "A. H. Oeth Subdivision No. 2 in the City of Dubuque, Iowa." Whereas, there has been filed with the City Clerk a plat in which Lot 1 of the West % of Lot 1 of Kavanaugh and Barry's Sub. division of Mineral Lot 23; Lot 1 of the East % of Lot No. 1 in "Kavanaugh and Barry's Sub. of Mineral Lot 23, as per Ander- sons Map"; Lot 1 of Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of Lot 8 in Kavanaugh and Barry's Subdivision of Mineral Lot 23; Lot 1 of Lot 1 of Lot 9 of Mineral Lot 24; Lot 1 of Lot 1 of Lot 1 of Mineral Lot 11; Lot I of Lot 2 of Lot 2 of Lot 1 of Mineral Lot 11; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 11; all in the City of Dubuque, Du- buque County, Iowa; are platted as "A. H. Oeth Subdivi- sion No. 2 in the City of Dubuque, Dubuque County, Iowa," by Arthur H. Oeth and Mary J. Oeth, as own- ers thereof and said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and upon said plat appears a street to be known as "Oeth Court" and easements for public utilities which the own- ers upon said plat have dedicated to the public forever; and Whereas, said plat has been found by the City Council to con. form to the Statutes and Ordin- ances relating thereto, except that the street has not been reduced Adjourned Regular Session, September 4, 1982 309 to grade or paving, sewer, water service or sidewalks installed SNOW THEREFORE, BE IT RE SOLVED F THE HEITY By CE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the dedication of Oeth Court, together with the easements for appear public on tilitiesaid s plat the same are hereby accepted; Swoon 2. That the plat of the subdivision of the first above described real estate, which will be hereafter known as "A. H. Oeth Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa" be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, upon said plat providing the owners of said property, hereinbefore named, exe- cute their written acceptance here- to attached, agreeing: (a) To reduce Oeth Court to grade as shown by the profiles sub- mitted with the plat; (b) To surface Oeth Court, in- cluding the turn -around, as the same appears upon said plat, for a width of thirty (30) feet from curb face to curb face with eight inch (8") rolled stone base, 2%" hot mixed, hot laid bituminous con- crete surfacing, with concrete curb and gutter as shown in the City of Dubuque Standard Curb and Gutter Section; (c) To install concrete sidewalks on both sides of Oeth Court, in accordance with City of Dubuque Standard Specifications for per. manent sidewalks; (d) To install watermain in ac- cordance with plans submitted with the plat; (e) To install storm and sanitary sewers in accordance with plans submitted with the plat; (0 To install sanitary sewer house laterals for all lots from the main to the property line; (g) To install water house laterals from the main to the property line, (h) To seal coat Oeth Court upon completion of the surfacing; (i) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager and undo the inspection of the City Engineer; (j) To maintain said improve• ments for a period of four (4) years from the date of their as ceptance; (k) To provide the foregoing construction and maintenance at the expense of the owners; (1) To construct all of said im- provements, except the sidewalks, prior to November 1, 1963 and to construct the sidewalks prior to November 1, 1964; and further provided that Arthur H. Oeth and Mary J. Oeth, as own- ers of said Subdivision, secure the performance of the foregoing con- ditions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event tate said Arthur H. Oeth and Mary J. Oeth fail to execute the acceptance and provide the security provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution the provisions hereof shall be null and void and the acceptance of dedication and approval of the plat shall not be effective. Passed, adopted and approved this 4th day of September A D. 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROM -MELT City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required by the foregoing Resolution No. 187-82 has been provided by the owners. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 18762 ARTHUR H. OETH and MARY J. OETH, having read the terms and conditions of the foregoing Resolution No. 187.82, and being familiar with the contents thereof, hereby accept the same and agree 310 Adjoumed Regular Session, September 4, 1962 to perform the conditions re- quired therein. (Arthur H. Oeth) (Mary J. Oeth) Dated: 9-12-62. Councilman Takos moved the adoption of the resolution subject to City Engineer's recommenda tion. Seconded by Concilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 188.62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque. Iowa, be granted a permit to sell cigar- ettes and cigarette papers within said City. Name Address Mt. St. Bernard Seminary, Inc. (ef- fective October 1, 1962), 2360 Carter Road Mrs. Florence Williams, 400 Iowa Street Elmer E. Turner, 1100 Lincoln Avenue Julien Hotel, 2nd & Main Streets BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 4th day of September, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 189.62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Mrs. Emma Scherer, 1187 Iowa Street. Julien hotel, 2nd & Main Streets Elmer E. Turner, 1100 Lincoln Street Mrs. Florence Williams, 400 Iowa Street Theodore J. Ferring, 385 East 13th Street Cyril N. Meitl, 1555 Central Avenue Riverside Bowl, 1860 Hawthorne Street Michael F. Pusateri, 1292 Main Street CLASS "C" BEER PERMIT Thomas Oeschger, 815 West 5th Street Bernard C. Tigges, 1405 Dodge Street Walter W. Knoll, 205 Kaufman Avenue Passed, adopted and approved this 4th day of September, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMEI.T City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION rq0. 190.62 WHEREAS, application for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City Adjourned Regular Session, September 4, 1962 311 and they have filed proper bonds: menc s_— or Schaller, lle Schreibcil- er, Ta - BETHEREFORE, Horgan, BE IT RESOLVED by the City kos. Council of the City of Dubuque Nays—None. that the Manager be and he is LEO F. FROMMELT hereby directed to issue to the City Clerk following named applicants a beer permit. , Approved JalrueTj�.............1963 CLASS "B" BEER PERMIT Name Address Mrs. Emma Scherer, 1187 Iowa Street. Julien Hotel, 2nd & Main Streets Elmer E. Turner, 1100 Lincoln Street Mrs. Florence Williams, 400 Iowa Street Theodore J. Ferring, 385 East 13th Street Cyril N. Meitl, 1555 Central Avenue Riverside Bowl, 1860 Hawthorne Street Michael F. Pusateri, 1292 Main Street CLASS "C" BEER PERMIT Thomas Oeschger, 815 West 5th Street Bernard C. Tigges, 1405 Dodge Street Walter W. Knoll, 205 Kaufman Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 4th day of September, 1962. LOUIS SCHALLER i Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Jarnlary 7 1 3 Adopted................_ ..................... .4.,......1..:.. 4 ..C. Councilme1••• •fl�J 111,7 � � ity Clerk 312 Special Session, September 10, 1962 CITY COUNCIL OFFICIAL Special Session. September 10, 1962. Council met at 7:30 P.M. C.S.T. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Cbavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of conducting a public hearing on the plans, specifications, form of con- tract and receipt of bids for the construction of improvements and extensio.is to the Municipal Water- works of the City and acting on any other business as may proper- ly come before a regular meeting of the City Council. Proofs of Publication, certified to by the Publishers, the Tele- graph Herald and Des Moines Reg- ister of Notice of public hearing on proposed plans and specifications and proposed form of contract for the construction of improvements and extensions to the Municipal Waterworks Plant and System in and for the City of Dubuque, Iowa, and the taking of bids for such construction, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proofs of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayon Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 191.62 RESOLUTION approving plans, specifications and form of con- tract for constructing improve- ments and extensions to the mu- nicipal waterworks plant and system. WHEREAS the City of Dubuque Iowa, has heretofore established a municipal waterworks plant anc system in and for said City and ii is necessary and desirable that said plant and system be improvec and extended by constructing two tee] standpipes of approximately ?_400,000 gallons capacity and 1,400,000 gallons capacity, respec- tively, together with necessary ap- purtenances, on pile foundations at the Asbury and Park Hill sites, and by constructing a one-story concrete and masonry pumping station at the Park Hill site, in- cluding two horizontal centrifugal pumping units, metering equip- ment, electrical, plumbing, heat- ing and ventilating work, and pro- posed plans, specifications and forms of contract for said improve- ments and extensions have here- tofore been prepared by Consoer, Townsend d Associates, Consult- ing Engineers, and filed with the City Clerk on August 6, 1962; and WHEREAS notice of hearing on said proposed plans and specifica- tions and forms of contract has been duly published in the manner and form required by law and no petitions or objections W said plans, specifications and forms of contract have been filed or made by any interested party; NOW, TITEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the plans, speci- fications and forms of contract re- ferred to in the preamble hereof be and the same are hereby ap- proved. Section 2. That all resolutions or orders or parts thereof in conflict herewith are hereby repealed. Passed and approved September 10, 1962. LOUIS SCHALLER Mayor Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays --None. September 10, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff a petition of Mrs. Anna 'Zimmer for a street light on Elm Street. Special Session, September 10, 196? An inspection of the area has been made and it is recommended that a street light be installed on Elm about midway between 24th and 25th Streets. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation be ap- proved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 10, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of Eldon Herrig re- garding street lights and signs in St. George Subdivision. The area has been inspected and it is recommended that street lights be installed at the intersec- tion of St. George and Tressa, at the intersection of Samuel and Tressa and the turn around at west end of Tressa. Street signs have been ordered. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 10, 1962 To the Honorable Mayor and City Council Gentlemen: It is recommended that thirty- eight new street lights be installed on Kerper Boulevard. The installation will extend along Kerper Boulevard from Fengier to Hawthorne Streets. Nineteen, 175 watt, mercury en. closed lights will be placed on each side of the boulevard. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the 313 City Manager be approved. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, council. men Horgan, Kean. Schreiber, Ta. kos. Nays—None. September 10, 1962 Honorable Mayor and City Council Gentlemen: On July 3, 1961 the City Coun- cil of Dubuque, referred to the City Solicitor a petition at law filed by Agnes Ingles, Plaintiff vs. City of Dubuque, which peti- tion prayed for damages in the amount of $15,000.00, alleging in. juries suffered as a result of a fall on alleged defective public sidewalk in front of premises known as 1671 Maple Street in the City of Dubuque, Iowa, which al- leged fall occurred on January 26, 1961. Plaintiff suffered fractures at the right and left wrist and that plaintiff's injuries are partially permanent. I have made an investigation of this matter and have conferred with plaintiff's attorney, who has made an offer of settlement, on behalf of plaintiff in the amount of $4,000.00. I also have conferred with other parties in this matter. on whom the City has served no- tice of liability over in accordance with law, and said parties have agreed to contribute to said set- tlement, respective amounts to- taling $3,450.00, leaving the amount of $550.00 to be paid by the City. It is the recommendation of the City Attorney that said offer of settlement be accepted, and that City Auditor be instructed to draw a warrant in the amount of $550.00 payable to Agnes Ingles and Earl Ingles, her husband and to trans- mit same to the. City Solicitor for delivery to plaintiff upon receipt of duly executed releases and dis- missal of plaintiff's petition at her costs. Original claim dated March 13, 1961 is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City 314 Special Session, September 10, 1962 attorney be approved and the Au- ditor instructed to issue a warrant in the amount of $550.00, payable to Agnes Ingles and Earl Ingles, her husband and deliver same to the City Solicitor. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Takos moved that the Mayor and City Clerk be au- thorized to sign a release submit- ted by the Peoples Natural Gas in the amount of $750.00 in connec- tion with the Agnes Ingles per- sonal injury claim settlement. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 10, 1962 Hon. Mayor & City Council Gentlemen: On May 7, 1962, Eugene K. Sand of 2759 Beverly, Dubuque, Iowa, filed claim against the City of Dubuque for damages to his ve- hicle allegedly occurring on April 25, 1962 at Dodge Street near Washington Junior High School. I have made an investigation of this matter and find that there was no actionable negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 10, 1962 Honorable Mayor and City Council Gentlemen: On July 18, 1962, Victor Fessler, Sr., of 1463 Mt. Pleasant, Dubuque, Iowa, filed claim in the amount of $27.78, claiming damage to his vehicle on July 16, 1962 by rea- son of striking a water shut-off plug at the corner of Brown & Delhi (University). I have made an investigation of this matter and conferred with the Water Department Personnel who advised me that at said time and place, street was under construc- tion. It is my opinion that there is no actionable negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 10, 1962 lion. Mayor and Ctiy Council Gentlemen: On April 19, 1962, Larry Whelchel of 2141 Garfield Ave., Dubuque, Iowa, filed claim against the City of Dubuque, al- leging damages to his vehicle while crossing the Chicago Northwestern Railroad tracks at Rhomberg Ave on the night of March 30, 1962. I have made an investigation of this matter and find no actionable neglicence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Schaller moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. September 10, 1962 lion. Mayor & City Council City Hall 1982, Gentlemen: On April 30, Norman J. Kormann, of 2211 Rosa- Special Session, September 10, 1962 315 line St., Dubuque, Iowa, filed claim for damages to his vehicle alleged- ly occurring on April 2, 1962, as a result of colliding with a fire hydrant at the southeast corner of S. Grandview Ave. and Southern Ave. in the City of Dubuque, claim- ing that the said fire hydrant pro- jected outside the curb line. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recom- mend denial of said claim. Original claim is attached hereto. Respectfully submitted R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. September 10, 1962 Hon. Mayor & City Council City Hall Gentlemen: On May 14, 1962, Kenneth L. Apel of 615 Alta Vista, Dubuque, Iowa, filed claim for damages to his vehicle allegedly occurring on May 10, 1962 near alley on 5th St. between Central and Iowa at elevator driveway to Montgomery Ward, alleging that the steel angle iron curbstone cover was protruding at street. I have made an investigation of this matter and learned that said steel angle iron curbstone cover was installed by Montgomery Ward and therefore recommend denial of said claim. Original claim is attached hereto. Respectfully submitted, R. N. Russo, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. Petition of Navy Mothers re- questing permission to hold a tag day on October 6, 1962, presented and read. Councilman Schreiber moved that the petition be granted pro- viding there are no conflicting dates. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Brookside Dairy et al requesting correction of a water drainage problem on Southern Av- enue, either clean the sewer or construct a culvert under Kerrigan Road, presented and read. Mayor Schaller moved that the petition be referred to the City Manager, Street and Engineering Departments for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. APPLICATION FOR ANNEXATION To: Th eHonorable Mayor and Memebers of the City Council of the City of Dubuque, Dubuque, Iowa We, the undersigned, record title owners of the following described real estate, which is contiguous to the City of Dubuque, Iowa, do hereby request and petition that the said real estate be annexed to, and made a part of the City of Dubuque, Iowa, to -wit: Lot one hundred fifty-eight (158); Lot one hundred fifty-nine (159); Lot one hundred sixty (160); Lot one hundred sixty-one (161), except the Southerly 30' thereof; Lot one hundred sixty-two (162); except the Southerly 30' thereof; all in Belmont Addition, a Sub- division in the City and County of Dubuque, Iowa, acording to the recorded plat thereof. Attached hereto and made a part hereof by this reference, marked Exhibit "A" is a plat showing the above described real estate in re- lation to the existing limits of the City of Dubuque, Iowa. 316 Special Session, September 10, 1962 Dubuque, Iowa, September 1 1962. MERLIN 0. KRUSER, ELAINE H. KRUSER, MARY SEIPP, EMIL OTTING, ANNA MAE OTTING MEITEL REALITY & INVEST- MENT CO. By C. E. Mettel, President Councilman Schreiber moved ap proval of the petition. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION EXTENDING CITY LIMITS NO. 192-62 Whereas, the owners of an area approximately 0.53 acres in size immediately adjoining the norther- ly city limits of the City of Du- buque, Iowa. Whereas, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and Whereas, Section 362.30 Code of territory will be enabled to secure water, and other municipal services if said territory is incorporated within the city limits of the City of L)ubuque, Iowa; and Whereas, the future growth, de - Iowa 1958, authorizes the exten. sion of city limits in situations of this character by the adoption of a resolution therefore; and Whereas, the future growth, de- velopment, preservation of the pub- lic health of the City of Dubuque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the fol- lowing described real estate: Lot 156, Lot 159, Lot 160, all Of Lot 161, and Lot 162 now lay- ing outside the existing city limits, all of these lots are in Belmont Addition, a subdivision lying partly in the City of Du. buque and partly in Dubuque County, according to the record. ed plats thereof. This area is as shown on the Plat attached hereto, and by this reference made a part hereof, the boundaries of said arca being out. lined in red thereon. Passed, adopted, and approved this 10th day of September, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. September 4, 1962 To the Honorable Mayor and City Council, Gentlemen: Herewith submitted for your consideration is subdivi- sion plat of Wiegands Subdivision. This development is located at Kaufmann Avenue and North Grandview Avenue. This plat has been approved by the Planning & Zoning Commis- sion. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By Owen Riley, Secretary Councilman Takos moved that the communication be received and filed. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Resolution approving plat of Wiegand's Subdivision in the City of Dubuque, Iowa, presented and read. Councilman Takos moved that the resolution and plat be referred .o the City Solicitor and Engineer - Special Session, September 10, 1962 317 inR Department for proper pro- ceedings due to the proposed levy on the property now on file. Sec- onded by Councilman Schreiber. Carried by the following vote: yeas—Mayor Schaller, Council- man Horgan, Kean, Schreiber, Takos. Nays --None. RESOLUTION NO..193-62 Whereas, the City of Dubuque, Iowa has commenced an action in equity as paintiff vs. Peter J. Seip - pet Lumber Co., et al. defendants, in the District Court of Iowa, in and for Dubuque County, Iowa, and which action prays for a tempor- ary injunction restraining and en- joining the defendants with pro- ceeding further with the construc- tion of a building, the east end of which will be located on Harrison Street, vacated, and Whereas, it is necessary to file an injunction bond in an amount to be determined by the Court should the court grant the tempor- ary injunction. Therefore Be It Resolved by the City Council of the City of Du- buque, Iowa. Section 1. That the Mayor and Clerk of the City of Dubuque, Iowa be and they are hereby authorized and directed to execute an injunc- tion bond in any amount to be determined by the District Court of Dubuque County, State of Iowa hearing the pending petition for writ of temporary injunction in the event same should be neces- sary to be filed as a condition to the granting of a writ of tempor- ary injunction. Passed, adopted and approved this 10th day of September, 1962. LOUIS SCHALLER, Mayor John P. Schreiber, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Takos moved that this meeting be adjourned to Sep- tember 17, 1962, at 7:30 P.M. to be held in the Council Chamber at the City Hall. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Leo F. Frommelt, City Clerk Approved.... ..... January 7 19e� ....................... A rinrnfpR January..._7�...Is6� 318 Adjourned Spacial Session, September 17, 1962 CITY COUNCIL OFFICIAL Adjourned Special Session, Sep- tember 17, 1962. Council met at 7:30 P.M. C.S.T. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meeting is an adjourned meeting of the Special meeting held on September 10, 1962, for the pur- pose of approving and providing for the award of Waterworks con- tracts for constructing improve- ments and extensions to the Mu. nicipal Waterworks Plant and Sys. tem, and acting on any other busi- ness as may properly come before the meeting. September 17, 1962 To the Honorable Mayor and City Council Gentlemen: Proposals received on Septem- ber 10th for the construction of stand pipes and pumping equip- ment at Asbury and Park Hill have been reviewed. The lowest bid of Division "A" of the proposal was submitted by Pittsburgh Des Moines Steel Com- pany, who bid $329,620.00. The low bid of Division "B" of the proposal was submitted by Conlon Construction Company at $67,065.00. It is recommended that the bids Of Pittsburgh Des Moines Steel Company and Conlon Construction Company be accepted. Further, it is recommended that Alternate No. 1 of the proposal, providing for the erection of pilasters on the tank to be erected at the Asbury site, be accepted. The total bid price of the pro. posal, including Division "A", Di. vision "B" and the Alternate No. 1, is $394,396.00. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kos. Nays—None. RESOLUTION NO. 194-62 RESOLt1T'ION approving water. works contracts. WHEREAS pursuant to notice and hearing, bids were received on September 10, 1962, by the City of Dubuque, Iowa, for con. structing improvements and exten- sions to the municipal waterworks plant and system in and for said City as called for in plans and specifications filed with the City Clerk of said City on August 6, 1962; and WHEREAS this Council has heretofore determined that the bid of Pittsburgh Des Moines Steel Company, of Des Moines, Iowa, in the amount of $328,580.00 for Division A (Standpipes) and the bid of Conlon Construction Co., of Dubuque, Iowa, in the amount of $65,816.00 for Division 13 (Pumping Station) is each for the best interests of the City of Dubuque, Iowa, and awards have been made to each of said con- tractors for constructing said im- provements and extensions; and WHEREAS contracts in the form Provided in said plans and speci- fications have been executed by each of said contractors, which said contracts have been signed by the Mayor and attested by the City Clerk on behalf of the City of Dubuque, Iowa, and satisfactory performance bonds have been filed by said contractors; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the contract be- tween the City of Dubuque, Iowa, and Pittsburgh Des Moines Steel Company, in the amount of $328,- 580.00, dated September 17, 1962, for Division A (Standpipes) as pro- vided for in the plans and specifi- cations referred to in the preamble hereof, and the performance bond filed in connection therewith are hereby approved. Section 2. That the contract be- tween thy City of Dubuque, Iowa, Adjourned Special Session, September 17, 1962 319 and Conlon Construction Co., in the amount of $65,816.00, dated September 17, 1962, for Division B (Pumping Station) as provided for in the plans and specifications re- ferred to in the preamble hereof, and the performance bond filed in connection therewith are hereby approved. Section 3. That all resolutions and orders or parts thereof in con. flict herewith be and the same are hereby repealed. Passed and approved September 17, 1962. LOUIS SCHALLER Mayor Attest: LEO F. FROMMELT City Clerk Recorded September 17, 1962. LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos, Nays—None. RESOLUTION NO. 195-62 RESOLUTION providing for the award of waterworks contracts. WHEREAS pursuant to notices published in the manner and form required by law, bids and propos- als were received by this City Council on September 10, 1962, for constructing improvements and extensions to the municipal water- works plant and system in and for the City of Dubuque, Iowa, con- sisting of constructing two steel standpipes of approximately 2,400,- 000 gallons capacity and 1,400,000 gallons capacity, respectively, to- gether with necessary appurte- nances, on pile foundations at the Asbury and Park Hill sites, and by constructing a one-story concrete and masonry pumping station at the Park Hill site, including two horizontal centrifugal pumping units, metering equipment, electri- cal, plumbing, heating and venti- lating work in accordance with plans and specifications thereto- fore prepared by Consoer, Town- send & Associates, Consulting En- gineers, and filed with the City Clerk on August 6, 1962; and WHEREAS all of said bids and proposals have been carefully con- sidered and it is necessary and ad- visable that provision be made for the award of contracts for the con- struction of said improvements and extensions; NOW, THEREFORE, Be It and It Is hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That it is hereby found, determined and declared that the bid of Pittsburgh Des Moines Steel Company, of Des Moines, State of Iowa, in the amount of $328,580.00 for Division A (Standpipes) as provided for in the plans and specifications re- ferred to in the preamble hereof, is for the best interests of the City of Dubuque, Iowa, and same is hereby accepted. Section 2. That it is hereby found, determined and declared that the bid of Conlon Construc- tion Co., of Dubuque, State of Iowa, in the amount of $65,816.00 for Division B (Pumping Station) as provided for in the plans and specifications referred to in the preamble hereof, is for the best ,interests of the City of Dubuque, Iowa, and same is hereby accepted. Section 3. That is is hereby found, determined and declared that each of the bids accepted in the preceding sections of this res- olution is fully responsive to the original plans and specifications for this project as prepared by Consoer, Townsend & Associates, as referred to in the preamble hereof and as on file with the City Clerk on August 6, 198:1. Section 4. That the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Dubuque, Iowa, with each of the aforesaid contractors in the amounts herein- above stated and to affix the cor. porate seal of said City to each of said contracts, said contracts to be in the form provided in the plans and specifications referred to in the preamble hereof. Section S. That all resolutions and orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. 320 Adiourued Special Session, September 17, 1962 Passed and approved September 17, 1952. LOUIS SCHALLER Mayor Attest: LEO F. FROMMELT City Clerk Recorded September 17, 1962. LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 15, 1962 To the Honorable Mayor and City Council Gentlemen: Street lights have been request- ed on Westmore Drive. It is recommended that a street light be located on an easement between 3048 and 3052 Westmore, and that a second light be located on the south side of the intersec. tion of Westmore Drive and Carter Road. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. September 16, 1962 To The Honorable Mayor and City Council, Gentlemen: The Planning and Zoning Com- mission wishes to advise you that they accept the Parking Study Re- port of Victor Gruen and Associ- ates and we accept and recom- mend to City Council that imme- diate action be taken to develop the City Block bounded by 8th and 9th and Locust and Bluff Streets identified as site B in Victor Gru- en report as an improved or Multi Story Parking Structure. Planning and Zoning Com- mission Owen Riley, Secretary Councilman Takos moved that the recommendation of the Com. mission be received and made a matter of record. Seconded by :ouncilman Kean. Carried by the .ollowing vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos, Nays—None, Communication of Dubuque Chamber of Commerce extending an invitation to the Council to vis- it Madison, Wise. on September 21, 1962, for the purpose of view- ing parking ramp structures, pre- sented and read. Councilman Schreiber moved that the commun- ication be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Mr. H. P. Rohde read the fol- lowing letter: September 17, 1962 Hon. Louis Schaller, Mayor and The City Councilmen of The City of Dubuque, Iowa. Gentlemen: I am addressing this to you as the duly designated Representative for Mr. Frank .l. Roshek, the own- er of Dubuque's largest downtown building, the Roshek Building, and one of Dubuque's largest taxpayers (over $49,000.00 in 1961) to put him on record at this meeting of the City Council of Dubuque, Iowa this 17th day of September 1962 in regard to his position in relation to the proposed City Parking Ramp now under consideration. First, let it be clearly under- stood that Mr. Roshek is well aware of the necessity for addi- tional downtown parking facilities, and realizes that the acquisition of such facilities would work to his advantage and so is not op- posed to any logical and realistic solution to this problem. However, he is definitely op- posed to the present recommends- Adjourned Special Session, September 1-1, 1982 321 tion as made by Victor Gruen As- sociates for a two story ramp cov- ering the entire block bounded by Locust, Bluff, 8th and 9th streets. For, as a practical matter, we note there is a basic inconsistency in the Victor Gruen Report as re- ported in the August 19th, 1962 issue of the Dubuque Telegraph. Herald. On the one hand, Harold Marks, parking and traffic engi- neer for Victor Gruen Associates, purports to stale that a public ground -level parking lot on the one -block site would not be eco- nomically sound because, "with the high cost of property, you have to spread the cost over a bigger utilization of the space—by going up in the air." Yet on the other hand the recommendation is for a facility only two stories high. We also note that the plan of Victor Gruen Associates would provide only 90 more spaces than are now available to people now using the ground level lots at a cost, as estimated by them of $329,000.00 for the additional ground. This, plus the cost of the ramp, would put the cost per stall for additional spaces at a most ex- cessive and unrealistic figure. We would suggest an alternate proposal, which would be in sub- stance akin to the existing facility in Waterloo, pictures of which were shown in the Telegraph -Herald in connection with the report of Vic- tor Gruen. This proposal is also within the suggestion of the Victor Gruen Associates, that with the high cost of property you have to spread the cost over a bigger utili- zation of the space by going up in the air. In other words we mean the construction of a 4 story ramp on the westerly one half of the block of which the City already owns a portion. Thus the same re- sults could be accomplished at much less expense. This plan would also leave the present Roshek property still avail. able for private parking which is extremely necessary to the oper- ation of the Roshek Building. Our office tenants, many of whom are doctors, must have permanent park- ing space, as immediate availability of their cars is a MUST in the practice of their profession. Also this property would remain available for future private devel- opment for parking and other pur- poses. For, If as Air. John Roshek has stated, "Rosheks needs 300 spaces" then further expansion will be required and in all probability will have to be done by the prop- erty owner. This is Mr. Roshek's position in the parking ramp matter and we trust that his views may receive your proper attention. Yours very truly, H. P. Rohde For Frank J. Roshek. Councilman Schreiber moved that the communication be received and made a matter of record. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Mr. R. F. Sefzik addressed the Council by stating that crash pro- grams are out of order for the City. He thought it best to build the ramp on Iowa Street between 9th and 10th on city owned prop- erty. Air. Herb Kiefer of 535 Chestnut St. asked the question "why spread the proposed ramp over a two block area?" Mr. Eld,)n Pfohl of 2591 Central Avenue stated that in his opinion the ramp should not be built where it is proposed. The tendency is toward free parking that is why the shopping centers are doing business. Mr. N. J. Yian- nias of 505 Bradley Street stated that the proposed area is nearest the greatest demand for parking. The demand is not present at the city owned lot at 9th & Central Avenue. Mr. Frank Saunders, Sec- retary of the Chamber of Commerce stated that the retail industry is the third largest in the State which should be protected. Air. Cy Lampe, manager of the Fischer properties, hoped that the proposed ramp be built at the 8th street sight to en- courage the building and renova- tion of downtown properties. Mr. Jack Ely, manager of Penneys, stat- ed it is not a matter of need rather than location. Mr. Ed. Turnquist stated that the recommendation was very well made. Mr. Hal Spen- sely asked for comparison of costs 322 Adjourned Special Session, September. 17, 1982 between the 8th street site and the city owned lot at 9th & Iowa. After considerable discussion Councilman Schreiber moved that further discussion be deferred pending a meeting with Mr. Ro. shek, and the Manager be author- ized to negotiate with Mr. Roshek in the area of land acquisition. Seconded by Councilman Takol. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, H e a n, Schreiber, Takos. Nays—None. Communication of Egelhof Fun. eral Home offering the property of the Baptist Church located at lith & Bluff Street, which they have recently acquired, to the City at no profit to themselves, if the property would be converted to a parking lot, presented and read. Mayor Schaller moved that the communication be referred to the City Manager. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of General Insurance Company requesting release of the heating contractors bond #423975 issued to W. J. Jordan, presented and read. Mayor Schaller moved that the petition be granted and the Clerk be authorized to sign the release. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Dubuque Insulation & Siding Co. requesting permission to erect a marquee on the front and side of the Silver Tap Building located at 201 E. 22nd Street, pre- sented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Building Commissioner. Sec. onded by Councilman Horgan. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays—None. side of Central Avenue south of the intersection of Central and 28th to include Lot 259 in Davis Farm Addition to Local Business District "A", presented and read. Mayor Schaller moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Kenneth J. Hafeman et al opposing rezoning of the residential area from approximate- ly 2755 to 2808 Central Avenue, presented and read. Mayor Schaller moved that the petition be referred to the Planning & Zoning Com- mission. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of M. A. Otto et al requenting installation of street lighting at the intersection of Avalon & Jeffrey Drive, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of John H. Kraus re- questing permission to connect to city water at Lot 99 O'Neill River- view (county), presented and read. Mayor Schaller moved that the petition be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Harold J. Kohnon et al requesting that some action be taken to have the Linwood Ceme- tery Association clean up their property as to decayed stumps, trees and undergrowth. Petition of James C. Jones et al Mr. Harold J. Kohnen addressed requesting rezoning on the wast the Council in very emphatic ver. Adjourned Special Session, September 17, 1962 323 bage that the area has become very similar to a jungle. *,Ie and i several other residents in the Xa- vier -Linwood area are subject to allergies and the condition of the cemetery property aggravates their physical comfort, plus the fact j that it provokes additional medi- cal care which is proving very costly. Mr. Joe Vize also addressed the Council relative to the condi- tion of the cemetery property stat- ing that the area is full of ob- noxious weeds and very much un- desirable undergrowth. City Mana- ger Gilbert Chavenelle apprised the Council of the fact that the Cemetery Association have cut away some of the so called jungle approximately fifty feet back from the sidewalk along the Windsor Avenue side from the Cemetery gate up to the end of their property near Davis Avenue. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of John H. Walsh et al consenting to the vacation of that portion of Heeb street lyink be. tween the northerly and southerly lines of the National Tea Co. at 1 20th & Central Avenue, presented and read. Councilman Takos moved that the petition be referred to the Planning & Zoning Commizsion. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Holy Ghost Church requesting permission to erect a banner across Central Avenue at 29th Street on September 22nd and 23rd advertising their fall festival, presented and read. Coun- cilman Takos moved that the peti- tion be granted subject to the Building Commissioner's authoriza- tion. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Hubbard Walnut Co. Inc. requesting permission to hook up to city water, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Water Super- intendent. Seconded by Mayor Schaller. Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of League of Women Voters requesting more flexible registration facilities throughout the City in preparation for the coming election, presented and read. Councilman Takos moved that the petition be referred to the City Manager and City Clerk for their action. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber,. Takos. Nays—None. RESOLUTION NO. 196.62 BE IT RESOLVED by the City Council of the City of Dubuque 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. Name Address Wartburg Seminary Snack Bar, (Ef- fective Oetoberl, 1962), 333 Wartburg Place BE IT FURTHER RESOLVED that the bond filed with the appli. cation be approved. Passed, adopted and approved this 17th day of September, 1962. LOUIS SCHALLER Mayor JOIIN P. SCHREIBER pETER J. TAKOS ,LAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FRC MMELT ty Clerk Councilman Takos moved the adoption of the resolution. Second. 324 ,Adjourned Special Session, September 17, 1962 ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 197-62 WHEREAS, application for Class "B" Beer Permit has been sub- :nitted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following application be granted and license be issued upon compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Robert J. Bowen, 5 Eighth Avenue Passed, adopted and approved this 17th day of September, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Peas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 1"-62 WHEREAS, application for Class "B" Beer Permit was filed by the within named applicant and it has received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicant were inspected and found to comply with the ordinances of this city and he has filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the fol. lowing named applicant a beer per- mit. CLASS "B" BEER PERMIT Name Address Robert J. Bowen, 5 Eighth Avenue BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby approved. Passed, adopted and approved this 17th day of September, 1962, LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mayor Schaller moved that the Treasurer be authorized to return the bid checks to the unsuccessful bidders of the Waterworks im- provement project. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. COUNCIL RECESSED AT 10:45 P.M. COUNCIL RECONVENED AT 11:05 P.M. Councilman Takos moved that Lester Harney be re -appointed to six term to 9-14-68. Also that the following be reappointed to the Cultural Development Commission for 3 year terms;— Mrs. Thomas Mooney, Mrs. Francis Becker, Mrs. Anthony Eberhardt, Miss Elsie Datisman to May 29, 1964. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, K e a n, Schreiber, Takos. Nays—None. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Adjoiirned Special Session, September 17, 1982 325 Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Tacos. Leo F. Frommelt City Clerk January 7, ...1983 Approved ....................... .. Adopted ........`.. .�a2'y.... 1983 tz w. n ..:..:...:........................... City Clerk 326 Special Session, September 24, 1962 CITY COUNCIL I OFFICIAL Special Session, September 24, 1962. Council met at 7:30 P.M. C.S.T. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that this meeting is called for the purpose of fixing a date for the installation of proceedings and directing the advertisement and sale of $400,000 Water Rev. enue Bonds 1962 Series, also ac- cepting City of Dubuque 1962 Bi- tuminous Concrete Paving Project No. 1, Section 1 (except Cummins Street and Samuel Street) and di- reting the publication and notice to levy special assessments there- fore and acting upon all other busi. ness as may properly come before a regular meeting of the City Council. Communication of Dubuque Cul- tural Commission notifying the Council of the resignation of John Clifford as a member of the Com- mission, presented and read. Councilman Schreiber moved that the resignation be accepted with regret and that a letter of thanks be sent by the Mayor to Mr. Clifford for services rendered. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. September 24, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of Har- lan F. Loibl and others request- ing street lights on Fremont Av- enue from Catfish Creek to Kelly Lane. Arrangements have been made for a relocation of the pole line from the railroad tracks to Kelly Lane whereby the Interstate Power Company and Telephone Company will have joint use of the new pole line. This arrangement was neces. sary before the street light request could be considered. It is recommended that five 4000 lumen lights be installed on this pole line section. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Councilman Schreiber moved ap- proval of the recommendation. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber. Takos. Nays—None. September 21, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Depart- ment and City Water Works for the month of August, as well as a list of claims and payrolls for which warrants were issued for the month of August, 1962. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of August 1962, pre- sented and read. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. September 21, 1962 Hon. Mayor and City Council City Hall Gentlemen: On August 14, 1961, Mrs. Clifford (Lorraine) Wain- wright of 472 West 4th St. filed claim for damages alleging injuries resulting from a fall on a defective curb and gutter in front of 472 West 4th St. in the City of Du- bunue, Iowa, on August 7, 1961 which alleged injuries consisted Special Session, September 24, 1962 327 of a sprained right ankle and frac- ture of the left fibula. I have conferred with Mr. Michael A. Stapleton, attorney for said claimant who has made an offer of settlement in the amount of $600.00, and it is the recom- mendation of the City Attorney that said offer be accepted, the Ctiy Auditor instructed to issue a warrant in the amount of $600.00 payable to Lorraine Wainwright and Clifford Wainwright, individ- ually and as husband and wife and to transmit the same to the City Attorney for delivery to claimant upon delivery of duly executed re- lease. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Schaller moved that the recommendation of the City At- torney be approved and the Audi- tor instructed to issue a warrant in the amount of $600 payable to Lorraine and Clifford Wainwright and transmit same to the City At- torney for delivery. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan. Kean, Schreiber, Takos. Nays—None. Notice of claim of Elmer Meis- sen in an un -named amount for damage to a tire on his car as the result of striking a defective curb at 1340 Delhi Street on September 11, 1962, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. Petition of Senior High School requesting permis-ion to hold a homecoming parade on October 19, 1962, presented and read. Councilman Schreiber moved that the petition be granted sub- ject to recommendation of the City Manager and Police Chief. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Couneil- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Dubuque Lions Club Sight Conservation Committee re- questing that the week of October 8 to 13th be designated eye bank week and further requesting per- mission to sell candy on the streets of the City to help finance their work, presented and read. Councilman Kean moved that the petition be granted. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. Petition of St. Joseph's School, Farley, Iowa, requesting permis- sion to park a car for raffle pur- poses on Main Street between 7th and 9th Streets between the hours of 4 P.M. and 9 P.M. on October 1, 5, 8, 12, 15 & 19, presented and read. Mayor Schaller moved that the request be limited to two weeks subject to the petitioner's deci- sion as to the two weeks desired. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. Petition of Gene Evarts et al re- questing installation of traffic lights at Dodge and Bryant Streets, presented and read. Councilman Schreiber moved that the petition be referred to the City Manger and Traffic De- partment for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Muscular Dystrophy Assn. requesting permission to hold a drive for funds on Sunday, November 18, 1962, presented and read. Mayor Schaller moved that the petition be granted providing there are no conflictins; dates. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council 328 Special Session, September 24, 1962 mm Horgan. Kean, Schreiber, Takos. :gays—None. Petition of Dubuque Sports Bowl requesting a refund of $100 on the unexpired portion of Class 1,B" beer license No. 54, as they have discontinued business on Sep- tember 15, 1962, presented and read. Councilman Takos moved that the petition be granted and the Auditor instructed to issue a war- rant payable to Dubuque Sports Bowl in the amount of $100 to cover the amount due on the un- expired portion of beer license No. 54. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Dubuque Baseball Inc. requesting a refund of $100 on the unexpired portion of Class "B" beer license No. 49, as they have discontinued business on September 13, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant in the amount of $100 pay- able to Dubuque Baseball Inc. to cover the amount due on the un- Pxpired portion of beer license No. 49. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays.—None. RESOLUTION NO. 199-62 Whereas, Genoa M. Beebee by written petition filed with the City on August 20, 1962, petitioned the Council to convey to her Lot 1A and Lot 2A in High Street Sub- division in the City of Dubuque, Iowa, as she is the owner of Lot 1 of the Subdivision of Lot 1 and Lot 1 of the Subdivision of Lot 2, all in High Street Subdivision in the City of Dubuque, Iowa; and Whereas, it appears to the City Council of Dubuque, Iowa, that by Resolution of the City Council on the 15th day of September, 1898, adopted, passed and approved a Resolution vacating a portion of Troy Street between Johnson Av. enue and the end of said Troy Street in High Street Subdivision in favor of the owners of the lots and parcels of land abutting there- on and ordering a plat prepared by the City Engineer in conformity with the said Resolution and or- dered said plat properly recorded, all of which are set out in "Council Record No. 28, 1898, City of Du- buque Official Record"; and Whereas, it appears that said Genoa M. Beebee is successor in title to said real estate which Lot IA and Lot 2A in High Street Subdivision in City of Dubuque, Iowa, &butts; and Whereas, it appears that said Genoa M. Beebee and her pre- decessors in title have paid taxes on said Lot IA and said Lot 2A in High Street Subdivision for many years last past; and Whereas, the City of Dubuque should convey to Genoa M. Bee- be whatever interest it has in and to Lot lA and Lot 2A in High Street Subdivision in City of Du- buque, Iowa. Now Therefore Be It Resolved by the City Council of Dubuque, Iowa: Section 1. That the City Clerk is hereby ordered to cause notice to be published of the intent of the City to dispose of interest in real estate as by law provided. Section 2. That the Quit Claim Deed hereto attached be and the same is hereby approved. Passed, adopted and approved this 24th day of September, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. A Special Sessicm, September 24, 1962 329 September 12, 1962 Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque Bitum- inous Concrete Paving Project No. 1 has been completed, with the exception of Cummins Street from the south property line of Loras Boulevard to the north property line of Block 2 of Hamblin Sub., and Samuel Street from the south property line of St. George Sub. to the north property line of south- ern Avenue. These two streets will be paved under this contact at a later date this year. This contract has been complet- ed in accordance with the city's plans and specifications with the above named exceptions. I, therefore, recommend the ac- ceptance of the above named pro- ject. Very truly yours, GILBERT D. CHAVENELLE, City Manager Councilman Takos moved that the recommendation of the City ]Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. Final Estimate RESOLUTION NO. 20-62 Whereas, the contract for the City of Dubuque 1962 Bitumin- out Concrete Project No. 1 except Cummins St. from the south prop- erty line of Loras Boulevard to the north property line of Block 2 of Hamblin Sub., and Samuel Street from the south property line of St. George Sub. to the north Property line of Southern Avenue, on the following portions of the following named streets. 1. Caledonia Street from the west Property line of Hill Street to the south property line of West 8th Street. 2. West Fifth Street from he east property line of Hill Street to the west proporty line of Gilmore Street. 3. Alta Place from the north property line of Delaware Street to the south property line of Green Street. 4. Adair Street from the north property line of Loras Boule. vard to the south property line of Rosedale Avenue. 5. Irving Street from the south property line of Decorah Street to the north property line of University Avenue. 6. Primrose Street from the south property line of Daven- port Street to the north prop- erty line of Muscatine Street. 7. Davenport Street from the north property line of West 28th Street to he souh proper- ty line of National Street. B. Cottage Place from the east property line of Abbott Street to the east end of the street. 9 Sabula Street from the south Property line of Davenport Street to the north property line of Muscatine Street. 10. Van Buren Street from the west property line of Univer- sity to the west property line of Drexel Avenue. 11. Brown Avenue from the west property line of University to the south property line of Van Buren Street. 1?. Beverely Street from the south property line of Van Buren Street to the west end of the street. 13. McPoland Avenue from the north property line of Van Buren Street to the south ppop- erty line: of Pennsylvania Av- enue. 14. Mineral Street from the west property line of McCormick Street to the west property line: of Lot I of Block 12 of Steger Heights. 15. Douglas Street from the east Property line of Walsh Street to the west property line of College Street. 16. Cornell Street from the south property line of West 16th Street to the south property line of May Place. 17. Catherine Street from the south property line of West 17th Street to the north prop- erty line of West 16th Street. 18. Prysi Street from the south property line of Unversity Av- enue to the north property line of New haven Street. 330 Special Session, September 24, 1962 19. Shelby Street from the north property line of Clarke Drive to the north end of the street. 20. St. Joseph Street from the east property line of Collins Street to the west property line of Gondolfo Street. 21. Balke Street from the north property line of Lawther Street to the south property line of Groveland Place. 22. Cannon Street from the --st property line of Mt. Carmel Road to the east property line of Mt. Carmel Road to the east property line of Laurel Street. 23. Laurel Street from the north property line of Grandview Avenue of the north end of the street. 24. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 25. McClain Street form the south property line of Wooten Street to the north property line of Bonson Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimat^s. notices, inspection, and preparing the assessment and plat, now there- fore, Be It Resolved, by the City Coun• cil of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $154,279.75, That $130,915.07 of the cost thereof shall be assessable upon private property and $23.364.68 shall be paid from the 135 J -I Road Use Tax Fund of the City of Du- buque. Passed, adopted and approved this 24th day of September, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMEI.T. City Clerk Mayor Schaller moved the adop tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber, rakos. Nays—None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 201-42 Whereas, the contract for the City of Dubuque 1962 Bituminus Concrete Project No. 1 except Cummins Street from the south property line of Loras Boulevard to the north property line of Block 2 of Hamblin Sub. and Samuel St. from the south property line of St. George Sub. to the north prop- erty line of Southern Avenue, on the following portions of the fol- lowing named streets. 1. Caledonia Street from the west property line of Hill Street to the south property line of West 8th Street. 2. West Fifth Street from the east property line of Hill Street to the west property line of Gilmore Street. 3. Alta Place from the north property line of Delaware Qtreet to the south property line of Green Street. 4. Adair Street from the north property line of Loras Boule- vard to the south property line of Rosedale Avenue. 5. Irving Street from the south property line of Decorah Street to the north property line of University Avenue. 6, Primrose Street from the south property line of Daven- port Street to the north prop- erty line of Muscatine Street. 7. Davenport Street from the north property line of West 26th Street to the south prop- erty line of National Street. 8. Cottage Place from the east property line of Abbott Street to the east end of the street. 9. Sabula Street from the south property line of Davenport Street to the north property line of Muscatine Street. 10. Van Buren Street from the west property line of Univer- sity to the west property line of Drexel Avenue. 11. Brown Avenue form the west property line of University to the south property line of Van Buren Street. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Special Session, September 24, 1962 331 Beverly Street from the south property line of Van Buren Street to the west end of the street. Mepoland Avenue from the north property line of Van Buren Street to the south prop- erty line of Pennsylvania Av- enue. Mineral Street from the west property line of McCormick Street to the west property line of Lot 1 of Block 12 of Steger Heights. Douglas Street from the east property line of Walsh Street to the west property line of College Street. Cornell Street from the south property line of West 16th Street to the south property line of May Place. Catherine Street te from West south property in 17th Street to the north prop- erty line to West 16th Street. Prysi Street from the south property line of University Av- enue to the north property line of New Haven Street. Shelbv Street from the north property line of Clarke Drive to the north end of the street. St. Joseph Street from the east property line of Collins Street to the west property line of Gondolfo Street. Balke Street from the nortb property line of Lawther Street to the south property line of Groveland Place. 22. Cannon Street from the west property line of Mt. Carme' Road to the east property lint of Laurel Street. 23. Laurel Street from the nortl property line of Grandviev Avenue to the north end of the street. 24. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 25. McClain Street from the south property line of Wooten Street to the north property line of Bonson Street. 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 con- tract, plans and specifications and ecommends its acceptance, now herefore, BE IT RESOLVED, by the City ;ouncii of the City of Dubuque, hat the recommendation of the :ity Manager be approved and that aid improvement be and the same s hereby accepted and the City sngineer be and is hereby directed o prepare a plat and schedule showing the lots or parcels of real -state subject to assessment for said improvement and file the tame in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street bonds issued upon the above de- scribed improvement in amount equal to the amount of his contract, less any retained percentage Pro- vided for therein. Passed, adopted and approved this 24th day of September, 1982. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Coundl• men Horgan, Kean, $ehreiber, Takos. Nays—None. RESOLUTION NO. 202,62 RESOLUTION to fix a date for the initiation of proceedings for the issuance of $400,000 Water Revenue Bonds, 1962 Series, of the City of Dubuque, Iowa. WHEREAS the City oflDubuque, in Dubuque County, heretofore establish a municipal waterworks in and for said City which has been continuously op crated by said City for many Years, and the management and control 332 Special Session, September 24, 1962 of said utility is vested in the City Council of said City and no board of trustees exists for this pur- pose; and WHEREAS Water R c v e n u e ponds, 1955 Series, of said City were heretofore issued under date of May 1, 1955, of which bonds in the amount of $1,200,000 are. now outstanding and mature serially on December 1 of each of the years 1962 to 1974, inclusive, and Water Revenue Bonds, Series 1956, of said City were heretofore issued under date of December 1, 1956, of which bonds in the amount of $310,000 are now outstanding and mature serially on December 1 of each of the years 1962 to 1975, in- clusive, all of said bonds ranking on a parity, and in and by the pro- ceedings authorizing the issuance of said outstanding bonds, and as recited on the face of each of said bonds, the right was reserved to the City to from time to time authorize and issue additional wa- ter revenue bonds ranking on a parity with the bonds therein au- thorized under certain conditions and restrictions; and WHEREAS there are no other bonds or obligations now outstand- ing which are payable from or constitute a lien upon the net earnings of said utility and the conditions and restrictions with respect to the issuance of addition- al bowls ranking on a parity with said outstanding bonds as set forth in the proceedings authoriz- ing their issuance can now be met so that the additional bonds now proposed to be issued may rank on a parity therewith; and WHEREAS it is necessary and desirable that improvements and extensions to said municipal wa- terworks be constructed consisting generally of two steel standpipes of approximately 2,400,000 gallons capacity and 1,400,000 gallons ca- pacity, respectively, together with ap,Purtemnces, on pile foundations at the Asbury and Park Hill sites, and a one-story concrete and ma- sonry pumping station at the Park Sill site, including two horizontal centrifugal pumping units, meter- ing equipment, electrical, plumb- ing, heating and ventilating work, the cost whereof is estimated to be not less than $400,00, for which purpose it will be necessary that said City issue additional rev enue bonds payable from and se- cured by the net earnings of said municipal waterworks as author- ized and permitted by Sections 397.10 et seq. of the Code of Iowa, such additional bonds to rank on a parity with the presently out- standing bonds, as hereinbefore referred to; and WHEREAS before proceedings are initiated for the issuance of the additional bonds now proposed Io be issued it is necessary to fix a date of meeting of this City Coun. cil at which it is proposed to take action for this purpose and to give notice thereof as required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Coun- cil meet on the 29th day of Oc- tober, 1962, at the Council Cham- bers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., Central Standard Time, at which time and place proceedings will be insti- tuted and action taken for the is- suance of Water Revenue Bonds, 1962 Series, of said City in the principal amount of $400,000 for the puropse of paying the cost of constructing improvements and ex- tensions to the municipal water- works of said City, as referred to in the preamble hereof. Section 2 That the City Clerk is Hereby directed to give notice of the proposed action for the issu- ance of said bonds, setting forth the amount and purpose thereof, the time when and the place where said meeting will be held, by publication at least once not less than fifteen (15) days before said meeting in the Telegraph Herald, a newspaper published and of general circulation is said City. Said notice shall be in sub- stantially the following form: NOTICE OF MEETING FOR ISSUANCE OF WATER REVENUE BONDS, 1962 SERIES The City Council of the City of Dubuque, Iowa, will meet on the 29th day of October, 1962, at the Council Chambers in the City Hall in said City at 7:30 o'clock P.M., Central Standard Time, at which time and place proceedings will be instituted and action taken for Special Session, September 24, 196' 333 the issuance of $400,000 Water Revenue Bonds, 1962 Series, of said City, bearing interest at a rate not exceeding Five per cent (5%) per annum, for the purpose of paying the cost of constructing improvements and extensions to the municipal waterworks of said City. These bonds, when issued, Will not constitute general obliga- tions of said City nor will they be payable in any manner by taxation, but they will rank on a parity with presently outstanding Water Reve- nue Bonds, 1955 Series, of said City dated May 1, 1955, and with presently outstanding Water Rev- enue Bonds, Series 1956, of said City dated December 1, 1956, and all of said issues of bonds, togeth- er with any additional bonds as may be hereafter issued and out- standing from time to time rank- ing on a parity therewith, wi11 be payable solely and only from the net earnings of the municipal wa- terworks plant and system of said City. At any time before the date of said meeting a petition or peti- tions setting forth objections there- to may be filed in the office of the City Clerk as permitted by law. By order of the City Council of the City of Dubuque, Iowa, this 24th day of September, 1962. LEO F. FROMMELT City Clerk Section 3. That all orders or res- olutions or parts of orders or res- olutions in conflict herewith be and the same are hereby repealed. Section 4. That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed, for fur- ther consideration of the matters herein set forth. Passed and approved September 24th, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Recorded September 24th, 1962 LEO F. FROMMELT, City Clerk Councilman Schreiber moved the idoption of the resolution. See. )nded by Councilman Takos. Car- -led by the following vote: Yeas—Mayor Schaller, Council - nen Horgan, Kean, Schreiber, Ta- cos. Nays—None. RESOLUTION NO. 100.62 RESOLUTION directing the ad- vertisement and sale of $400,000 Water Revenue Bonds, 1962 Series. WHEREAS it is necessary and for the best interests of the City of Dubuque, Iowa, that $400,00o Water Revenue Bonds, 1962 Series, contemplated to be issued by the City be offered for sale at this time; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That bonds hereinaf- ter described, of the City of Du- buque, be offered for sale pursu- ant to published advertisement, namely, $400,000 Water Revenue Bonds, 1962 Series, dated October 1, 1962, bearing interest payable June 1, 1963 and semi-annually thereafter, and maturing aerially and in numerical order on Deeem- her 1 of each of the respective years as follows: $15,000 in each of the years 1963 to 1972, inelu- sive, $20,000 in each of the years 1973 and 1974, and $105,000 in each of the years 1975 and 1978, with the bonds maturing in the years 1973 to 1976, inclusive, being redeemable prior to maturity at the option of the City in whole, or from time to time in part in inverse numerical order, on De- cember 1, 1972, or on any interest payment date thereafter, an terms of par and accrued interest. Section 2. That the City Clot be and he is hereby authorized and directed to publish notice of the sale of said bonds for two or more successive weeks in the We' graph Herald, a newspaper of San- eral circulation in Dubuque Cwin- ty, printed and published in the City of Dubuque, Iowa, such MUM to be in the customary forst and to state that bids will be received and acted upon by this CouneB at a meeting to be held at 7:80 334 Special Session, September 24, 1962 o'clock P.M., Central Standard Time, on October 29th, 1962. Section 3, That the Clerk is fur- ther authorized to prepare and re- lease such further information as he may deem advisable in order to afford due publicity to the sale of said bonds. S*ation 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 24th, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. BEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Recorded September 24th, 1962. LEO F. FROMMELT City Clerk NOTICE OF SALE OF BONDS Sealed bids will be received at the office of the City Clerk in the City Hall, Dubuque, Iowa, until 7:30 o'clock P.M., Central Standard Time, on October 29th, 1962, for the purchase of $400,000 Water Revenue Bonds, 1962 Series, of said City, at which time they will be presented to the Council of said City at its meeting to be then held at the Council Chambers in the City Hall in said City and, after the receipt of open bids, the bonds will be sold to the highest bidder for cash. Said bond, will be dated October 1, 1962, bear in- terest payable June 1, 1963, and semiannually thereafter, and ma- ture serially and in numerical ord- er on December 1 of each of the respective years as follows: $15,000 in each of the years 1963 to 1972, inclusive, $20,000 in each of the Years 1973 and 1974, and $105,000 in each of the years 1975 and 1976, with the bonds maturing in the years 1973 to 1976, inclusive, being redeemable prior to maturity at the option of the City in whole, or from time to time, in part in inverse numerical order, on December 1, 1972, or on any interest payment date thereafter, on terms of par and accrued interest. 'Bidders must specify a single coupon interest rate for the bonds and, all other conditions equal, preference will be given to the bid of par and accrued interest or better specifying the lower coupon interest rate. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation, but they will rank on a parity with $1,510,000 principal amount of presently outstanding Water Rev. enue Bonds of said City and any additional bonds as may be here. after issued and outstanding from time to time under the conditions and restrictions set forth in the proceedings authorizing the issu. ance of said bonds, all of which will be payable solely and only from the net revenues of the mu- nicipal waterworks plant and sys- tem of said City. The City will furnish the approv- ing opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illi- nois, the purchaser to furnish the printed bonds, and all bids may be so conditioned. Each bidder must furnish a certified check on a state or national bank for two per cent (2%) of the principal amount of the bonds, as guarantee of good faith, this amount to be forfeited by the successful bidder should be fail to take up and pay for the bonds when ready. The right is reserved to reject any or all bids. By order of the City Council of said City. LEO F. FROMMELT, City Clerk Dated September 24th, 1962 Councilman Takos moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 20462 WHEREAS, applications f o r Class "B" Beer Permits have been examined; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Special Session, September 24, 14162 335 CLASS "B" BEER PERMIT Name Address Mark R. Smith, 400 Central Avenue Joseph E. Reisdorf, 601 Ithomberg Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Leo A. Schwind Post #508, 1638 Cen- tral Avenue PASSED, ADOPTED AND AP- PROVED this 24th day of Septem- ber, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilman Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 205-62 WHEREAS, application for Class "B" Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a beer permit. CLASS "B" BEER PERMIT Name Address Mark R. Smith, 400 Central Avenue Joseph E. Reisdorf, 601 Rhomberg Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Leo A. Schwind Post 508, 1638 Central Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 24th day of September, 1962. P LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. H. Kiefer addressed the Council stating that there is a bush growing near the curb at the corner of Highland & Arlington Streets that is obstructing the view of motorists. There being no further business Councilman Horgan moved that this meeting be adjourned to Monday evening October 29, 1962 being the date set for the sale of $400,000 Water Revenue Bonds. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT, City CleXk Approved January 1 ,1963 Refinlar Session, October 1, 1962 .337 (ITY COUNCIL OFFICIAL Regular Session, October, 1 1962 I Council met at 7:30 P.M. Present --Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. September 28, 1962 To the Honorable Mayor and City Council Gentlemen: It is recommended that a street light be installed at the intersec- tion of Maple Wood Court and Saunders Street. It is also recommended that a street light be placed on Saunders on the second pole from the Maple Wood Court intersection. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Nays—None. September 25, 1962 To the Honorable Mayor and City Council Gentlemen: This letter is in reply to a peti- tion referred to your staff of Brookside Dairy and others report- ing a drainage problem on South- ern Avenue. The drainage system consists of a storm line 48 inches by 54 inches running from a point on Southern Avenue about 500 feet west of Valley Street and extending diagon- ally to a point behind the Dairy building where it enters a 60 inch culvert under Kerrigan Road. There is also a 48 inch by 54 inch Pipe which runs down Valley Street across Southern Avenue and then connects into the line that goes under Kerrigan Road. Although these lines have not been cleaned for about 10 years, the laterals leading from the street to the pipes have been cleaned after every storm. We will clean out the main lines late this fall. I am enclosing a letter from City Engineer John White dated Sep- tember 17th which indicates that the drainage area including South- ern Avenue, Huff Street, Valley Street, Samuel Street, English Lane and Sullivan Street will be investigated and designed this late fall and early winter. It is planned that the total con- struction will be completed over a five year period with an initial start made in 1963 with the con- struction of a portion east of Kerrigan Road. I have sent a copy of this letter to Mr. Jack B. Welp of the Brook- side Dairy. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the report be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 1, 1962 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, subject to the approval of City Solicitor: PERSONAL OFFICIAL BONDS — AIRPORT Lester M. Harney, Hartford Acci- dent & Indemnity Co. William M. Clemens, Jr., Hartford Accident & Indemnity Co. SIDEWALK Bock, Michael J., United States Fidelity and Guaranty Chas. T. Correll, Western Surety Company Fred C. Peterson, D/B/A Fred B. Peterson Co., Western Casualty & Surety Company 33R Regular Session, October 1, 1962 EXCAVATION George Saffran, D/B/A Saffran Construction Company, Bitum- inous Casualty Corporation Howard Allen, Commercial Insur. ance Company of Newark, N.J. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that filing of the bonds and policies be approved subject to the ap- proval of the City Solicitor. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 1, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff a petition of the Hubbard Walnut Company for using city water. Although the location of the company is outside the city limits, it is recommended that permis- sion be granted on the basis that the company will be charged 125% of the water rates as listed in the City Ordinance, and that the offic- ials of the company will support annexation of the area when it is considered by the city. Attached is a letter from Mr. J. Hail which explains the water con• nection. Respectfully submitted, G. D. CHAVENELLE, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kean. Carried by the following vote: leas --Mayor Schaller, Council- men Horgan, Kean, Schreiber. Nays—Councilman Takos. October 1, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff a petition from John H. Kraus for a water connection at lot 99 in O'Neills River View in Section 12, Dubuque Township. I have delayed reporting on this Petition due to the fact that ar- rangements are being considered to handle the request by annexing the property to the city. Respectfully submitted, G. D. CHAVENELLE, City Manager Councilman Takos moved that the communication be referred back to the Manager. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. John Kraus of 2264% Prince St., the owner of Lot 99 in O'Neill Riverview, addressed the Council by stating that he would like to build on this lot before the cold weather sets in. The City Manager thought it would take about two weeks to check the matter out. October 1. 1962 To the Honorable Mayor and City Council Gentlemen: The Dubuque Ministerial Asso- ciation has recommended that Dr. Dean Chapman, Pastor of the Grandview A v e n u e Methodist Church, be appointed as Protestant Chaplain of the Dubuque Police and Fire Departments. I would greatly appreciate it if this appointment could be made immediately. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the appointment be approved. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 1, 1962 To the Honorable Mayor and City Council Gentlemen: I would like to bring to your at- tention the fact that the following Regular Session, October 1, 1962 339 city employees gave their services hauling fill dirt to Petrakis Park Sunday, September 30th: Robert Frost, Les Sawvel, Wil- liam Noonan, Paul Robertson, Leo Milcoff, Thomas Ryan, Vincent Teeling, Joseph Tschiggfric, I.a- Vern Hingtgen, Clark Oneyear. I have brought this to your at- tention so that the work of these gentlemen can be publicly ack- nowledged. Respectfully submitted. Gilbert D. Chavenelle, City Manager Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller. Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Order and application for relief on failing to answer interrogatories in the case of the personal injury claim of Doris Sundberg. now pend- ing in District Court, presented and read. Councilman Schreiber moved that the order be referred to the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 1, 1962 Honorable Mayor and City Council City Hall Gentlemen: On September 4, 1962, C. J. Wiehl, 20 Fremont St., Dubuque, Iowa, filed claim against the City Of Dubuque for damages to his vehicle allegedly caused by striking a hole in the street at 725 Sunset Ridge on August 29, 1962, which claim is in the amount of $8.00. 1 have made an investigation of said claim and find no actionable negligence on the part of the City and therefore recommend denial Of said claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 1, 1962 Hon. Mayor and City Council City Hall Gentlemen: On September 20, 1962, Elmer Melssen, 1715 Prescott, Dubuque, Iowa, filed claims for damages in an unspecified amount as a result of striking an alleged sharp curb on Forest Lane on September 11, 1962, which place of said accident is also referred to as 1340 Delhi. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached hereto. Respectfully yours, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 1. 1962 Hon. Mayor & City Council City Hall Gentlemen: On June 3, 1959, Marcella Walker commenced an action against the City of Dubuque claiming damages in the amount of $12,362.10 for per- sonal injuries allegedly suffered by plaintiff on March 3, 1959 while walking on the sidewalk running in a northerly direction from West 7th Street to Hill Street approxi- mately 300 feet east of the inter- section of Hill Street and West 7th Street, claiming that said side. walk had an accumulation of ice thereon rendering it unsafe and dangerous and in failing to proper- ly maintain said sidewalk in a safe condition. That the said Marcella Walker suffered a complete fracture of the right elbow requiring an open reduction of the: fracture followed by a wire fixation. 140 Regular Session, October 1, 1962 I have conferred with the at- torney for the plaintiff who has made an offer of settlement of $1500.00 and I recommend that said offer of settlement be ac- cepted and I recommend that the City Auditor be instructed to issue a warrant payable to Marcella Walker in the amount of $1500.00 and transmit the same to the City Attorney for delivery to plaintiff upon receipt of duly executed re- lease and dismissal of the pending cause with prejudice at plaintiff's cost. The foregoing action has been pending in the District Court of Iowa in and for Dubuque County bearing Law No. 36073. Original notice and copy of peti- tion are hereto attached. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war- rant payable to Marcella Walker in the amount of $1500. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of George Zillig, in the amount of $20.50, for dam- age to his property as the result of a backed up sewer at 240 N. Grandview Ave. on August 11, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. September 27, 1962 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provisions of Chapter 365 of the Code of Iowa, 1962 the Civil Service Com- mission conducted entrance exam. inations on August 17, 1962 for the position of Policewoman. The following named persons passed both the written and physi- cal examinations and are hereby certified for appointment. Ruth Marie Donahue 83% Janet R. Ryan 75% Ruth Helen Elliott 70% Respectfully submitted, LOUIS J. LAGEN, Chairman A. G. WRIGHT GERARD B. NOONAN Commissioners Civil Service Commission Attest: LEO F. FROMMELT, City Clerk Subscribed and sworn to before me this 1st day of October, 1962. CHARLES J. JENAMAN Notary Public in and for Dubuque County, Iowa. Councilman Schreiber moved that the communication be received and made a matter of record. Sec. onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 51.62 An Ordinance Regulating Ani- mals and Fowl Running at large, providing for the impounding and for sale or disposition of impound- ed animals, and providing penalties for violation hereof, said Ordinance having been previously presented and read at the Council Meeting of August 20, 1962, presented for further action. Councilman Takos moved that action on the Ordinance be deferred. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Mrs. Clara Holz re- questing the installation of a storm sewer at 2307 Kaufmann Avenue to repair damage caused to her property by drainage from newly constructed homes in the area, presented and read. Mayor Schaller moved that the petition be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Regular Session, October 1, 1962 341 Petition of Arnold Unsen et al ' (40 signers) requesting the erection of a stop sign at the intersection of Green and Avoca Street, pre- sented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Traffic Department for investi- gation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Morgan, Kean, Schreiber, Takos. Nays—None. Petition of E. I Hafeman re- questing a refund of $75. or.. the un- expired portion of cigarette license No. 199, as he has discontinued business on September 26, 1962, presented and read. Councilman Takos moved that the refund he granted and the Auditor instructed to issue a warrant in the amount of $75. payable to E. J. Hafeman to cover the amount due on the unexpired portion of cigarette license No. 199. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Michael H. Clemens requesting a refund of $75. on the unexpired portion of cigarette license No. 105, as he discontinued business on September 26, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $75. payable to Michael H. Clem. ens to cover the amount due on the unexpired portion of cigarette license No. 105. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Gordon Cunningham, requesting a refund of $75. on the unexpired portion of cigarette license No. 34, as he has discontin. ued business on September 28, 1962, presented and read. Council- man Takos moved that the refund be granted and the Auditor in- structed to issue a warrant in the amount of $75. payable to Gordon Cunningham to cover the amount due on the unexpired portion of cigarette license No. 34. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Gladys M. Shepherd, requesting a refund of $150. on the unexpired portion of Class B beer licence No. 88, as she has discon- tinued business on September 22, 1962, presented and read. Council- man Takos moved that the refund be granted and the Auditor in- structed to issue a warrant in the amount of $150. payable to Gladys M. Shepherd to cover the amount due on the unexpired portion of beer license No. 88. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Gladys M. Shepherd, requesting a refund of $75. on the unexpired portion of cigarette licence No. 212, as she has dis- continued business on September 22, 1962, presented and read. Coun- cilman Takos moved that the re- fund be granted and the Auditor instructed to issue a warrant in the amount of $75. payable to Gladys M. Shepherd to cover the amount due on the unexpired por- tion of cigarette license No. 212. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. Petition of William T. Locher requesting a refund of $75. on the unexpired portion of cigarette license No. 115, as he has discon• tinued business on September 12, 1962, presented and read. Council. man Takos moved that the refund be granted and the Auditor in. structed to issue a warrant payable to William T. Locher, in the amount of $75. to cover the amount due on the unexpired portion of cigarette license No. 115. Seconded 342 Regular Session, October 1, 1962 by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of N. Richman request- ing a refund of $75. on the unex- pired portion of cigarette license No. 232, as he has discontinued business on September 30, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant payable to N. Richman in the amount of $75. to cover the amount due on the unexpired portion of cigarette license No. 232. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of John Best requesting a refund of $75. on the unexpired portion of cigarette license No. 185, as he has discontinued busi- ness on September 29, 1962, pre- sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to is- sue a warrant payable to John Best in the amount of $75. to cover the amount due on the unexpired portion of cigarette license No. 185. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of John Best requesting a refund of $100, on the unexpired Portion of Class B beer license No. 70, as he has discontinued busi- ness on October 1, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant payable to John Best in the amount of $100, to cover the amount due on the unexpired por- tion of Class B beer license No. 70. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Statement of City Clerk From. melt certifying that notices of assessments were mailed to the taxpayers affected by the construe. tion of City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 Section 1, on September 28, 1962, presented and read. Councilman Schreiber moved that the statement be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Statement of Claude McDonald certifying that notices of assess. ment were posted in the area of construction of City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, Section 1, on September 4, 1962, presented and read. Councilman Kean moved that the statement be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proofs of Publication, certified to by the Publishers, The Tele- graph Herald and Dubuque Leader, of Notice of Levy of Assessment and Intention of the City Council to issue bonds on the City of Du- buque 1962 Hot Mix -Hot Laid As- phaltic Concrete Paving Project No. 1, Section 1, on Kaufmann Avenue, West fork of Grandview Ave., Northview Drive, Carter Road, Second Street, presented and read. Mayor Schaller moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 206.62 SCHEDULE OF ASSESSMENTS Resolved by the City Council of the City of Dubuque, Iowa: That to pay for City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, Section 1, by Mulgrew Blacktop Inc. Contract- Regular Session, October 1, 1962 343 or in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oppsosite each lot or parcel of real estate, as set forth in the following schedule. City of Dubuque 1962 Hot Mix. Hot Laid AcphalHe Concrete Pav- ing Project No. 1 Section 1 Construction Cost ............$58,461.49 Less City Share ................ 15,165.36 Assessable Amount ........$43.296.13 7% Extra Interest ............ 3,030.72 5% Interest --52 days...... 312.69 Total Assesable Amount..$46,639.54 City Share ........................ 15,165.36 Total Cost .......................$61,804.90 Kaufman Ave. from West property line of Lot 154 L. W. Langworthy's Add. to 13 feet East of West prop- erty line of Weidenbacher's Sub. with Hot Mix -Hot Laid Asphaltic Conc. Paving Helen Wieser & Francis E. Wieser, Lot A, Vogt Place $ 42.14 Helen Wieser & Francis E. Wieser, Lot 2-1, Vogt Place 126.41 Eldon A. & Ethel Vogt, Lot 2, Vogt Place ...................... 101.63 Louise M. Schmid, Lot 161, L. H. Langworthy's Add... 428.23 A. J. Enders, Lot 2, A. J. Enders Place .................... 121.75 Cyril L. & Carole L. Hanten, Lot 1-1, A. J. Enders Place 121.77 A. J. Enders, Lot 2.1, A. J. Enders Place .................... 121.77 Frank & Henriette Retten- maier, Lot 5-164 & 166A, L. H. Langworthy's ............ 91.33 Ernest Mareske, Lot 6-164 & 166A, L. H. Langworthy's 92.30 George T. & Wilma Vrotsos, Lot 2.2-166, L. H. Lang - worthy's .............................. 118.40 Mettel Realty, Lot 2.1-2-166, L. H. Langworthy's ........ 131.10 John Klas & Walter Pregler, Lot 1-1-2.166, L. H. Lang - worthy's .............................. 154.05 Willis E. & Edna L. Apel, Lot 1-166, L. H. Lang - worthy's .............................. 81.35 Roy & Catherine E. Ney, Lot 158A, L. H. Langworthy's 362.05 Roy & Catherine E. Ney, Lot 158, L. H. Langworthy's 399.67 Roy & Catherine E. Ney, Lot 1-160A, L. H. Langworthy's 227.49 Leverre & Dolores Kloster. man, Lot 1.2.160A, L. H. Langworthy's ...................... 185.27 Roy & Catherine E. Ney, Lot 1 -Block 1, Roy Ney Sub..... 158.12 Wilbert F. & Rosemary Haas, Lot 2 -Block 1, Roy Ney Sub ............................. 221.15 Clifford M. Less, Lot 3 -Block 1, Roy Ney Sub . ............ 194.42 Clifford M. Less, Lot 4 -Block 1, Roy Ney Sub . ............ 194.42 Donald C. & Bonita J. Kratz, Lot 5 -Block 1, Roy Ney Sub. .................................... 194.42 Arthur L. & Hilda Digman, Lot 6 -Block 1, Roy Ney Sub. .................................... 194.42 Henry & Maria C. Chas, Lot 7 -Block 1, Roy Ney Sub..... 1892A John P. & Rose M. Majerus, Lot 8 -Block 1, Roy Ney Sub....................................... 189.24 Edwin E. & Ruth A. Greis- inger, Lot 9 -Block 1, Roy Ney Sub . ............................ 194.42 Roy & Catherine E. Ney, Lot 10 -Block 1, Roy Ney Sub. 73.03 John P. & Mary M. Kemps, Lot 2-1-1-167, L. H. Lang - worthy's Add ..................... 40.65 John P. & Mary M. Kemps, Lot 2-1-167, L. H. Lang - worthy's Add .................... 128.05 John P. & Mary M. Kemps, Lot 2-1-1-1-167, L. H. Lang - worthy's Add ..................... 128.05 Lena Kemps, Lot 1-1.1-1.167, L. H. Langworthy's Add... 86.81 John P. & Mary M. Kemps, Lot 2-2.167, L. H. Lang - worthy's Add ..............•••••• 127.65 Lena Kemps, Lot 2-1-2-167, L. H. Langworthy's Add... 37.16 John J. & Beverly A. Welu, Lot 1, Kurt Court ............ 149.52 Leon E. & Beatrice S. Gab- riel, Lot 2, Kurt Court .... 142.28 John D. & Germaine E. Weber, Lot 3, Kurt Court ..145.82 Sidney J. & Eugenia P. Tyrell, Lot 4, Kurt Court 136.77 Carl F. & Mary Lange, Lot 5, Kurt Court .................... 32.68 Robert R. & Rose Ann Ma- lone, Lot 6, Kurt Court 25.73 Lloyd P. & Marilyn A. Lub- er, Lot 7, Kurt Court .... 18.11 Philip & Dorothy O. Loch- ner, Lot 8, Kurt Court .... 25.69 344 Regular Session, October 1, 1962 Robert R. & Mary A. Van- dermuelan, Lot 9, Kurt Court.................................... John T. & Mary Shanahan, Lot 1, Fitzgerald Place.... William Olds, Lot 2.1.2, Min. eral Lot 344 .................... Emmett T. & Eleanor Heal- ey, Lot 1.57, Burton's Add............................. Harold J. & Julia L. Morg- an Lot 56, Burton's Add... Bernall & Violet Mills. Lot 55, Burton's Add . ............ Carl N. M. & Clarence L. Wagner, Lot 54, Burton's Add.............. ..................................... Edwin E. & Agnes Frith, I.ot 53. Burton's Add..... City of Dubuque, Lot 1.52, Burton's Add ..................... Edwin E. & Agnes Frith, Lot 2-52, Burton's Add..... City of Dubuque, Lot 2-51, Burton's Add ..................... William Olds. Lot 2-1-51, Burton's Add ..................... William Olds, Lot 1.1-51, Burton's Add ..................... William Olds, Lot 1.50, Bur- ton's Add ............................. William Olds, Lot 2-50, Bur- ton's Add ........................... Fred A. & Mary E. & Mar. cia H. Godfrey, Lot 1.49, Burton's Add ..................... William Olds, Lot 2-49, Bur- ton's Add ............................. Fred A. & Mary E. & Mar- cia H. Godfrey, Lot 48, Burton's Add ..................... Clifford 0. & Agnes John- son, Lot 47, Burton's Add. Irvin & Virginia Denlinger, Lot 1, Burton's Add......... Cassilda Kurt, Lot 2, Bur- ton's Add . ........................ William K. Stevens, Lot 3, Burton's Add ..................... William K. Stevens, Lot 4, Burton's Add ..................... Rose & Clarence Wagner, Lot 5, Burton's Add......... Rose & Clarence Wagner, Lot 6, Burton's Add......... Rose & Clarence Wagner, Lot 7, Burton's Add......... Rose & Clarence Wagner. Lot 8, Burton's Add......... Val V. & Evelyn T. Plein, Lot 9, Burton's Add......... Val V. & Evelyn T. Plein, Lot 10, Burton's Add....... 26.55 50.41 12.36 129.74 153.08 152.75 152.00 154.99 44.23 110.70 18.98 66.28 63.82 78.09 63.52 101.85 67.08 140.76 143.18 151.06 151.06 151.06 151.06 151.06 151.06 150.72 149.66 148.52 148.14 Val V. & Evelyn T. Plein, Lot 11, Burton's Add....... Val V. & Evelyn T. Plein, Lot 1-12, Burton's Add..... Edmund J. & Edith Sassen, Lot 2-12, Burton's Add..... Frank & Elizabeth Weis, Lot 2-165, L. 11. Lang. worthy's Add . .................. Frank & Elizabeth Weis, Lot 2.1-168, L. H. Lang. worthy's Add . ................ Paul J. & Eleanor Schwend- inger, Lot 1-1-168, L. H. Langworthy's Add ............. Paul J. & Eleanor Schwend- inger, Lot 2-168, L. H. Langworthy's Add ............. Erving & Virginia Denlinger, Lot 2-3.168, L. H. Lang. worthy's Add ..................... Clarence L. Wagner, Lot 1-3- 168, L. H. Langworthy's Add. .................................... Irving & Virginia Denlinger, Lot 24-168. L. H. Lang - worthy's Add ..................... Clarence L. Wagner, Lot 1-4- 168, L. H. Langworthy's Add. .................................... William K. Stevens, Mineral Lot 207 ................................ William Olds, Lot 2, Mineral Lot343 ................................ Clifford O. & Agnes John- son, Lot 46, Burton's Add. Clifford O. & Agnes John- son, Lot 45, Burton's Add. Clifford 0. & Agnes John- son, Lot 44, Burton's Add. Clifford O. & Agnes John- son, Lot 43, Burton's Add. Virginia Farni, Lot 42, Bur- ton's Add . .......................... Paul C. & Marie Farni, Lot 41, Burton's Add . ............ Clifford J. & Dorothy Win. ner, Lot 40, Burton's Add. William J. & Ruth G. Joos, Lot 39, Burton's Add......... William J. & Ruth G. Joos, Lot 1.38, Burton's Add..... William J. & Ruth G. Joos, Lot 2-38, Burton's Add..... Tilford & Mildred Haugen, Lot 37, Burton's Add......... Tilford & Mildred Haugen, Lot 36, Burton's Add......... City of Dubuque, Lot 35, Burton's Add ..................... Arnold Haugen, Lot 34, Burton's Add ....................... 147.30 113.58 33.33 36.79 95.23 95.23 132.14 110.86 21.28 110.86 21.28 42.28 32.52 146.90 149.01 150.58 153.04 151.94 157.63 157.63 131.37 154.60 26.28 169.58 167.47 164.62 159.56 Regular Session, October 1, 1962 345 Otto Spechtenhauser, Jr., Lot 33, Burton's Add......... 238.67 Edmund J. & Edith Sassen, Lot 13, Burton's Add......... 146.00 Michael & Maria M. Sche- wager, Lot 14, Burton's Add. .................................... 145.17 Melvin E. & Mildred R. Kel- ly, Lot 15, Burton's Add... 144.70 Melvin E. & Mildred R. Kel- ly, Lot 16, Burton's Add... 143.71 City Water Works, Lot 17, Burton's Add ..................... 104.96 City Water Works, Lot 18, Burton's Add ..................... 169.68 City Water Works, Lot 19, Burton's Add ..................... 171.65 City Water Works, Lot 20, Burton's Add ..................... 48.68 City Water Works, Lot 21, Burton's Add ..................... 105.29 City Water Works, Lot 22, Burton's Add ..................... 113.26 City Water Works, Lot 23, Burton's Add ..................... 134.07 City Water Works, Lot 24, Burton's Add ..................... 155.43 City Water Works, Lot 25, Burton's Add ..................... 153.20 City Water Works, Lot 26, Burton's Add .................... 295.42 City of Dubuque, Lot 27, Burton's Add ..................... 26.46 Otto & Pearl J. Spechten- hauser, Jr., Lot 2, Vacated Bauer St ............................. 112.30 Otto Spechtenhauser, Lot 32, Burton's Add ................. 437.01 William K. Stevens, Lot 29, Burton's Add ..................... 24.76 City of Dubuque, Lot 28, Burton's Add ..................... 35.47 Otto Spechtenhauser, Lot 1- 1-1.1-1-1 Mineral Lot 342 ........................................ 225.27 Dale B. & Hilda Wiegand, Lot 1.2 1-1-1-1.1-1-1-1, Min- eral Lot 342 ........................ 35.57 George M. Johnson, Lot 2- 1-1.1-1-11-1, Mineral Lot 342 ........................................ 448.63 Cletus T. & Dorothy E. Cox, Lot 21-1-1-1-1.1, Mineral Lot 342 ................................ 262.71 *Otto Spechtenhauser, Lot 2-1-1-1-1-1, Mineral Lot 342 ........................................ 500.00 William Olds, Lot 2.1.1.1.1, Mineral Lot 342 ................ 175.45 Otto Spechtenhauser, Jr., Lot 2, Mineral Lot 342...... 240.15 Dale B. & Hilda Weigand, Lot 1-11.1, Mineral Lot 337 ........................................1237.88 City of Dubuque, Lot 2.1-1-1, Mineral Lot 337 ................ 106.87 Willard & Mary L. Habel, Lot 1.1-2, Mineral Lot 337 170.62 Ray A. & Marie S. Pregler, Lot 2.1-2, Mineral Lot 337 160.66 Ronald J. & Janice L. Kitsch, Lot 1.2.2, Mineral Lot 337 110.82 Kendall C. & Marie K. Day, Lot 2-2-2, Mineral Lot 337 55.49 Daniel M. & Elaine Pregler, Lot 1, Conrad Place ........ 145.98 Harold F. Jr., & Elaine M. Langerstrom, Lot 2, Con. rad Place ............................ 188.95 Dale R. & Hilda A. Weigand, Lot 1.1, Block 1, Wm. Beckers Kaufmann Ave. Place.................................... 104.90 Wm. & Bertha Becker, Lot 2, Block 1, Wm. Becker$ Kaufmann Ave. Place........ 74.09 Daniel M. & Elaine Pregler, Lot 3, Block 1, Wm. Beck- er Kaufmann Ave. Place 153.42 Daniel M. Pregler, Lot 4, Block 1, Wm. Beckers Kaufmann Ave. Place........ 158.42 Joseph R. & Elaine Graham, Lot 5, Block 1, Wm. Beck- ers Kaufmann Ave. Place 153.42 Ronald P. & Shirley I. Kirch, Lot 6, Block 1, Wm, Beck- ers Kaufmann Ave. Place 153.42 Wm. & Bertha Becker, Lot 7, Block 1, Wm. Beckers Kaufmann Ave. Place........ 153.42 Harold J., Wm. Jr. & Walter Becker, Lot W. 25' 1-1, Mineral Lot 340 ................ 63.40 Harlan E. & Jennine R. Petscher, Lot E. Bal. 1-1, Mineral Lot 340 ................ 310.60 George P. & Inola Sullivan, Lot 11.1-1, Mineral Lot 210 ........................................ 246.39 Vincent Conrad, Lot 1-2-1-1- 1, Mineral Lot 210 ............ 135.09 Orville E. & Marilee Ham- merand, Lot 1.2-2.1-1-1, Mineral Lot 210 ................ 148.44 Francis L. & Mary F. Burd, Lot 2-1.2.1-1-, Mineral Lot 210 ........................................ 125.94 Robert E. & Mary T. Keith, Lot 1.11.21.1•, Mineral Lot 210 ................................ 252.69 Erwin G. & Ruth J. Vier- kant, Lot 2.1-1.2-1.1•, Min- eral Lot 210 ........................ 35.37 Erwin G. & Ruth J. Vier- kant, Lot 2-2.1.1-, Mineral Lot 210 ................................ 210.38 3.16 Regular Session, October 1, 1962 Kemall C. & Marie K. Day, Lot 2-2-2-1, Mineral Lot 54.88 210 ........................................ 82.56 Ronald J. & Janice L. 71.71 Kutsch, Lot 1.2-2-1, Min. eral Lot 210 ........................ 42.48 Roy A. & Marie S. Pregler, 187.16 Lot 2-1.2-1, Mineral Lot 210 ........................................ 23.40 William J. & Mary Habel, Lot 1.1.2-1, Mineral Lot 356.60 210 ........................................ 5.51 City Water Department, Lot 5.14 1-2, Mineral Lot 336............ 159.89 City Water Department, Lot 3.84 3-2, Mineral Lot 336.......... 14.09 City of Dubuque, Lot 2, 15.43 Mineral Lot 2 340 ............1029.25 City of Dubuque, Lot 1-3, Mineral Lot 2 340 ............ 624.19 William Becker, Lot 1-1, Mineral Let 270 ................ 4.21 William Becker, Lot 2-1, Mineral Lot 270 ................ .89 William Becker, Lot 2, Min- eral Lot 270 ........................ 726.33 Harold T., William Jr., & Walter Becker, Lot 2-1, 140.75 Mineral Lot 339 ................ 5.79 Oswald W. & Clara Holz, 175.23 Lot 1, Weidenbacher's Sub....................................... 98.34 Noah & Lois Taylor, Lot 2, Weidenbacher's Sub......... 131.10 Floyd F. & Lametta L. Frank, Lot 3 ,Weidenbach- er's Sub . ............................ 131.10 Robert F. & Betty A. Beech. er, Lot 4, Weidenbacher's Sub....................................... 139.84 William L. & Pearl Becker, Lot 5, Weidenbacher's Sub . .................................... 139.84 William L. & Pearl Becker, Lot 6, Weidenbacher's Sub ....................................... 139.84 Mettel Realty & Inv. Co., Lot 7, Weidenbacher's Sub. .................................... 142.04 Helen Wieser & Francis E. Wieser, Lot 4, Joseph Vogt Sub . .......................... 8.92 Eldon & Ethel Vogt, Lot 5, Joseph Vogt Sub . ............ 7.11 Leverne & Dolores Kloster- man, Lot 1-2, Mineral Lot 333 ...................................... 8.94 Mettel Realty Inv. Co., Lot 8, Weidenbachers Sub..... 131.10 Andrew J. Tauke, Lot 9, Weidenbacher's Sub. ...... 134.38 Harold J. William Jr., & Walter Becker, Lot 10, Weidenbacher's Sub......... 258.83 Otto Spechtenhauser, Lot 1-1.31, Burtons Add. ..... 54.88 Dale B. & Hilda Weigand, Lot 1-1.2-30, Burtons Add. 71.71 Marlin & Dorothy A. Plank, Lot 1-1-2.2-2.1-1.1, Miner- al Lot 210 .......................... 187.16 Vincent Conrad, Lot 2.1.2. 2-2-1-1-1, Mineral Lot 210 184.62 Vin,�ent Conrad, Lot 2.2-2-2- 1.1-1, Mineral I.ot 210 ...... 356.60 Lena Kemps, Lot 1-1-1-2, Kemp Place ...................... 5.14 Enima T. & Lucille Healey, Lot 2-1-2, Kemp Place ...... 3.84 Harold J. & Julia L. Mor- gan, Lot 2.2, Kemp Place 15.43 Gerald P. & Virginia L. Kieffer, Lot 1, Kieffer Place .................................. 149.62 Gerald P. & Virginia L. Kieffer Place, Lot 2 ........ 43.29 Rupert S. & Mary Morey, I.ot 1-1-1, Olds Place ........ 20.39 Otto Spechtenhauser, Lot 1, Pearls Sub . ........................ 146.01 Otto Spechtenhauser, Lot 2, Pearls Sub . ........................ 140.75 Otto Spechtenhauser, Lot 3, Pearls Sub . ........................ 175.23 $27,389.19 *Deficiency to be paid by City of Dubuque. Otto Spechtenhauser, Lot 2 - Mineral Lot 342 83.26 $27,472.45 46 cu. yds. Excavation earth unclassified Cm $0.80 ................................$ 36.80 1368.25 ton 1%" hot mix binder course (0 6.50.... 8,893.63 1904.1 ton 1%" hot mix asphaltic surface course (d, 6.50 ..............................12,376.65 4726 gal. tack coat r„ 0.16 756.16 38 no. of manholes raised or lowered Gu 25.00 ...... 950.00 5567.6 ton 3/4" stabilized base stone (a 1.95 ........10,856.82 134 sq. yd. concrete re- moval G, 1.00 ................ 134.00 $34,004.06 Less City Share ........... . 8,501.01 Assessable cost .............$25,503.05 7% extra expense ....... .. 1,785.21 5% interest -52 days ...... 184.19 Total assessable cost ......$27,472.45 Regular Session, October 1, 1962 347 All of which is assessed in pro- 1009 cu. yds excavatio portion to the special benefits con- earth unclassified (a` ferred. $0.80 ................... $ 800.72 Northview Drive from the north 242.40 tone 1%" hot mix property line of Kane St, to the asphaltic binder course north property line of Lot 1-9 01 6.50 ............................ 1,575.60 in Scenic View Heights. 238.45 tons 1%" hot mix Wahlert High School, Lot asphaltic surface course 1-1, St. Mary's Place ........$1,981.72 (a- 6.50 ............................ 1,549.99 City of Dubuque, Lot 1-1, 750 gals. tack coat (& 0.16 120.00 Mineral I.ot 383 ............ 78.53 2 no. of manholes raised J. H. Schiltz, Lot 1.9, or lowered (d 25.00 _... 50.00 Block 5, Scenic View 1691.70 tons V' stabilized Heights 1,631.61 base stone (( 1.95 ........ 3,298.82 $3,711.86 $7.395.13 378 cu. yds. excavation Less City share ................ 2.648.78 earth unclassified (R 0.80 ..............$ 302.40 Assessable cosi """' 1%""" 13asp ton hot mix se..............54.746.35 7% extra expense ............ 332.24 asphaltic binder course bind 5% interest -52 days ... 34.27 (4' 6.50 ............................ 906.75 13asp ton 1'rf hot mix Total assessable cost asphaltic surface course All of which is assessed in1po- 6.50 9(1.,.52 portion to the special benefits con. ............................ 475 gal. tack coat (R) 0.16 76.00 fcrred. Second St. from the west property 0 no. of manholes raised line of Iowa St. to the east prop - or lowered 1234.20 ton ?ra" stabilized erty line of Locust St. with hot base stone ��. 1.95 ........ 2,406.69 mix -hot laid asphaltic concrete paving. $459446 Klauer Julien Hotel Co., Less City share ................. 1,148.59 Lot 196A, Original Town of Dubuque ........................$221.75 Assessable cost ..................$3.445.77 Klauer Julien Hotel Co., 717, extra expense ............ 241.20 Lot 196, Original Town of 5°'o interest -52 days 24.89 Dubuque ............................ 221.75 ...... Klauer Julien Hotel Co., Total assessable cost Lot 195, Original Town of ......$3,711.86 Dubuque ............................ 151.85 All of which is assessed in pro- Klauer Julien Hotel Co., portion to the special benefits Lot 5, Original Town of conferred. Dubuque 442.73 Carter Road Extension from north Klauer Julien Hotel Co., property line of Kane St. north- Lot 6, Original Town of erly to the south property line Dubuque ............................ 151.56 of lot 1 of lot 1 of lot 2 of lot Bernice Manson Frudden, 1 of Highland Farm. Lot 76, Original Town of Cletus & Carolyn Nauman, Dubuque ............................ 446.65 Lot 2-1-1.1.2.1.2.1, High- Bernice Manson Frudden, land Farm ......................$2,225.32 Lot S. 13°2"-75A, Original Cletus & Carolyn Nau- Town of Dubuque ............ 28.52 man, I,ot 1.1.2-1, High- land Farm 171.60 Marion Ryder, Lot N. 42' - ...................... St. Mary's Home, Lot 2, 75A, Original Town of St. Mary's Place ............ 19.`24 Dubuque ....... 109.46 """"'""'" Clarence F. & Delores Ar- Marion Ryder, Lot 75, Orig- len, Lot 1-1-1-1.1, Clar- inal Town of Dubuque .... 14.91 ence Arlen Place .......... 54.05 Walter H. & Elma Fred - Nicholas J. & Esther F. crick, Lot W.74'-84, Origi- Kopp, Lot 1-1.1-1-1-1.2- nal Town of Dubuque ...... 289.93 1-2-1, Highland Farm ... 2,642.65 Ellen E. Murphy, Lot E. 40'- 84, Original Town of Du - $5,112.86 buque.................................. 156.72 348 Iiegitlar Session, October 1, 1962 Charles J. Murphy, etal, Lot Frank S. Martin, Lot S.24.9'- N.30'2"-77, O r i g i n a l 83, Original Town of Du - Town of Dubuque ............ 294.14 buque................................. 44.15 Joan Hennessey Carr, Lot Jennie Terlouw, Lot N.M. S.10"-77, Original Town 20'-83, Original Town of of Dubuque ........................ 5.73 Dubuque ............................ 48.16 Joan Hennessey Carr, Lot Paul & Maria Scholimeyer, N.16'9" -77A. Original Lot N. 20'-83, Original Town of Dubuque .......... 85.24 Town of Dubuque ............ 59.15 Marie C. Clancy, Lot S.16' Stampfer Building Co., Lot 117x" -77A, Original Town S.20' -S.44'-86, 0 r i g i n a I of Dubuque ........................ 64.89 Town of Dubuque ............ 59.15 Weber Paper Co., Lot 78A, Stampfer Building Co., Lot Original Town of Du- N.25' -S.44'-86, Original buque.................................. 35.41 Town of Dubuque ............ 56.57 Carl J. & Emily Page, Lot Harold Thomas Martin, Lot S.% -4A, Original Town of N.20'-86, Original Town Dubuque ............................ 125.23 of Dubuque ....................... 37.17 George F. & Evelyn Pinski, Lot N.?' 4A, Original $4,781.94 Town of Dubuque ............ 225.43 340.45 ton 1%" hot mix Mary B. & Charles H. Reck- asphaltic binder course ord, Lot 4, Original Town 6a $6.50 ..........................$2,212.93 of Dubuque ........................ 95.37 271.55 ton 1%" hot mix Carl F. Hartmann, Lot S.%- asphaltic surface course 3A, Original Town of Du- Cd' 6.50 ............... I ...... ...... 1,765.08 buque.................................. 49.69 250 gal. tack coat 05 0.16 40.00 Louise E. Riedel, Lot N.%- 3 no. of manholes raised 3A, Original Town of Du- or lowered (q, 25.00 ...... 75.00 buque.................................. 61.73 91.6 ton 3'4" stabilized Elmer Butt, Trustee, Lot 3, base stone n 1.95 ........ 178.62 Original Town of Du- 415.38 sq. yd. brick re- buque.................................. 39.13 moval (/I 1.10 ................ 436.92 The Eska Co., Inc., Lot N. Extra work—lump 33.80 60'4"-197, Original Town 515 lin, ft. rolled stone of Dubuque ........................ 429.26 baser 2.25 .................. 1,156.50 John Donald Levielle, Lot S. 4'5"-197, Original Town $5,918.85 of Dubuque ........................ 16.77 Less City share ................ 1.479.71 John Donald Levielle, Lot 198, Original Town of Du- Assessable amount ..........$4,439.14 buque.................................. 87.10 7% extra expense ............ 310.74 Rooster Feeds, Inc., Lot 5% interest -52 days ...... 32.06 198A, Original Town of Dubuque ............................ 63.50 Total assessable amount .... $4,781.94 Emily P. Stampfer, Lot W. All of which is assessed in pro - 36' -W.74'-85, O r i g i n a l portion to the special benefits con - Town of Dubuque ............ 141.05 ferred. Clarence Hynish & Ruth For Grandview Avenue — West Jungwirth, Executors, Lot fork from the south property E.38' -W.74'-85, Original line of Kaufmann Avenue to a Town of Dubuque ............ 148.88 point 800 feet south with hot Vincent & Lucille A. Ho- mix -hot laid asphaltic concrete gan, Lot E. 40'-85, Orig- paving. inal Town of Dubuque .... 156.72 City Water Department, Lot Marie C. Clancy, Lot N. 2' 1, Mineral Lot 336 ............$536.48 6"-78, Original Town of City of Dubuque, Lot 1-2, Dubuque ............................ 8.22 Mineral Lot 336 ................ 831.30 Daniel McMullen, Lot S.19' City Water Department, Lot 6"-N.22'-78, Original Town Lot 23, Burtons Add....... 6.51 of Dubuque ........................ 55.28 City Water Department, Lot Dubuque Screw Products, Lot 24, Burtons Add. ..... 65.25 Inc. Lot S.2219"-78, Orig- City Water Department, Lot inal Town of Dubuque...... 52.99 Lot 25, Burtons Add. ...... 253.47 Repilar Session, October 1, 1962 349 City Water Department, Lot Lot 26, Burtons Add....... 880.08 City of Dubuque, Lot 27 (E), Burtons Add . ............ 617.25 City of Dubuque, Lot 27 (W), Burtons Add ............. 640.33 City of Dubuque, Lot 28, Burtons Add . .................... 508.19 William K. Stevens (Kath. Bradley), Lot 29, Burtons Add. .................................... 99.73 Otto & Pearl J. Spechten- hauser, Lot 2, Vacated Bauer St ............................. 215.54 Otto Spechtenhauser, Lot 1-1-31, Burtons Add......... 151.00 Otto Spechtenhauser, Lot 32, Burtons Add ............... 195.35 Otto Spechtenhauser, Lot 3, Pearls Sub ..................... 297.67 Otto Spechtenhauser, Lot 2, Pearls Sub ..................... 107.53 Otto Spechtenhauser, Lot 1, Pearls Sub ..................... 61.92 Otto Spechtenhauser, Lot 1.1-31, Burtons Add. (De- ficiency) ............................ 92.83 $5,560.43 300 cu. yd. excavation earth C? 0.80 ................$ 240.00 269.65 tons 1%" hot mix asphaltic binder course C, 6.50 ............................ 1,752.73 250.85 tons 1%" hot mix asphaltic surface course C 6.50 ............................ 1,630.53 850 gals. tack coat n 0.16 136.00 1435.30 tons 3/4" stabilized base stone @ 1.95 ........ 2,789.83 $6,549.09 Less City share ................ 1,387.27 Total assessable amount .... $5,161.82 7% extra expenses .......... 361.33 5% interest -52 days ...... 37.28 Total assessable cost ......$5,560.43 All of which is assessed in pro. portion to the special benefits con. ferred. Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec• onded by Councilman Kean. Car. ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. kes. Nays—None. Proofs of Publication, certified to by the Publishers, of Official Notice of proposal to issue bonds to pay for the construction of City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, Section 1, presented and read. Councilman Kean moved that the proofs of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 20764 Resolution providing for the is- suance of Street Improvement Bonds for the purpose of provid- ing for the payment of the as- sessed cost of the City of Dubuque 1962 Hot Mix Hot Laid Asphaltic Concrete Paving Project No. 1 Sec- tion 1. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $46,639.54 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds for the purpose of pro- viding for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the PAY- ment of the assessed cost of the improvement of City of Dubuque 350 Regular Session, October 1, 1962 1962 Hot Mix -Hot Laid Asphaltic ph It c Concrete Paving project Section I. 1. Kaufmann Avenue from the West property line of Lot 154 of s Addition to L. H. Langworth 3' a point 13 feet east of the west property line of Weidenbacher Sub. 2. West Fork of Grandview Avenue Extension from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Northview Drive from the north property line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. 4. Carter Road from the north property line of Kane Street to the south property line of Lot 1 of Lot 2 of Lot 1 of Highland Farm. 5. Second Street from the west property line of Iowa Street to the east property line of Locust Street there shall be issued Street Im- provement bonds in the amount of $46,639.54 Dollars in anticipation of the deferred payment of assess. ments levied for such improve- ment. 2. Such bonds shall be called Street Improvement bonds; and shall bear the date of November 1, 1962; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: 1--3716 to 3724 inclusive, $500.00 each, April 1, 1963. 2-3725 to 3733 inclusive, $500.00 each, April 1, 1964. 3-3734 to 3742 inclusive, $500.00 each, April 1, 1965. 4-3743 to 3751 inclusive, $500.00 each, April 1, 1966. 5-3752 to 3761 inclusive, $500.00 each, April 1, 1967. 6-3762 to 3771 inclusive, $500.00 each, April 1, 1968. 7-3772 to 3781 inclusive, $500.00 each, April 1, 1969. 8-3782 to 3791 inclusive, $500.00 each, April 1, 1970. 9-3792 to 3801 inclusive, $500.00 each, April 1, 1971. 10-3802 to 3808 inclusive, $500.00 each, April 1, 1972. 10-3809, $139.54, April 1, 1972. 3. Said bonds shall bear interest at the rate of 5 per cent per an. num, payable semi-annually in ac- cordance with coupons thereto at. tached: 4. Said bonds' shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No......................................................... SeriesNo . .......................................... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of ........ ................................... or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and inter- est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by vir- tue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 1st day of October, 1962, being Resolution No. 207-62. This Bond is one of a series of 94 bonds, 93 for $500.00 numbered from 3716 to 3808 both inclusive, and one for $139.54 numbered 3809, all of like tenor and date, and issued for the purpose of con- structing the City of Dubuque 1962 Hot -Mix Hot -Laid Asphaltic Con- crete Paving Project No. 1 Sec. tion 1 as described in said Resolu- tion, in said City, which cost is payable by the abutting and adja- cent property along said improve- ments and is made by law a lien on all of said property. It is pay- able only out of the Special As- sessment Fund No. 1237 created by the collection of said special tax, and said fund can be used for no other purpose. Regular Session, October 1, 1982 351 It is hereby certified and recited that all the acts, conditions and things required to be done, prece. dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevo- cably pledged. IN TESTIMONY WHEREOF the City of Dubuque by itc Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 1st day of November, 1962. (SEAL) ................................... I...................... Mayor .......................................................... city Clerk (Form of Coupon) On the .......... day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of .................................. Dollars, in the office of the City Treasurer in the City of Dubuque, being ............ months' interest due that date on its .......................... Bond No. .......... dated...................................... ......................................................... Mayor .............................................. I........... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1237 and paid out by him to Pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these shall be given by regular United States Mail addressed to the last known address of the purchaser. Adopted this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos, Nays—None. October 1, 1962 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the Chaney Road Storm Sewer has been completed in accordance with plans and specifications by Smitty's Ex- cavation Service. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 20042 WHEREAS, the contract for the Chaney Road Storm Sewer con- struction of a storm sewer in Chaney Road from the existing storm sewer in Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm southerly in Chaney Road to the x350 Regular Session, October 1, 1962 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, Section I. 1. Kaufmann Avenue from the West property line of Lot 154 of L. H. Langworthy's Addition to a point 1 e tofast Of the west Weidenbaeher property lin Sub. 2. West Fork of Grandview Avenue Extension from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Northview Drive from the north property line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. 4. Carter Road from the north property line of Kane Street to the south property line of Lot 1 of Lot 2 of Lot 1 of Highland Farm. 5. Second Street from the west property line of Iowa Street to the east property line of Locust Street there shall be issued Street Im- provement bonds in the amount of $46,639.54 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Street Improvement bonds; and shall bear the date of November 1, 1962; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: 1-3716 to 3724 inclusive, $500.00 each, April 1, 1963. 2-3725 to 3733 inclusive, $500.00 each, April 1, 1964. 3-3734 to 3742 inclusive, $500.00 each, April 1, 1965. 4-3743 to 3751 inclusive, $500.00 each, April 1, 1966. 5-3752 to 3761 inclusive, $500.00 each, April 1, 1967. 6-3762 to 3771 inclusive, $500.00 each, April 1, 1968. 7-3772 to 3781 inclusive, $500.00 each, April 1, 1969. 8-3782 to 3791 inclusive, $500.00 each, April 1, 1970. 9-3792 to 3801 inclusive, $500.00 each, April 1, 1971. 10-3802 to 3808 inclusive, $500.0 each, April 1, 1972. 10-3809, $139.54, April 1, 1972 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City, of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub. stantially the following form: No. ........................................................ SeriesNo . .......................................... CITY OF DUBUQUE Street improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of ii..... ....., or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and inter- est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by vir- tue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 1st day of October, 1962, being Resolution No. 207-62. This Bond is one of a series of 94 bonds, 93 for $500.00 numbered from 3716 to 3808 both inclusive, and one for $139.54 numbered 3809, all of like tenor and date, and issued for the purpose of con. structing the City of Dubuque 1962 Hot -Mix Hot -Laid Asphaltic Con- crete Paving Project No. 1 Sec. tion 1 as described in said Resolu- tion, in said City, which cost is payable by the abutting and adja- cent property along said improve- ments and is made by law a lien on all of said property. It is pay- able only out of the Special As. sessment Fund No. 1237 created 0 by the collection of said special tax, and said fund can be used for no other purpose. Regidar Session, October 1, 1962 351 It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevo- cably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 1st day of November, 1962. (SEAL) Mayor .......................................................... City Clerk (Form of Coupon) On the .......... day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of .................................. Dollars. in the office of the City Treasurer in the City of Dubuque, being ............ months' interest due that date on its .......................... Bond No. .......... dated...................................... .......................................................... Mayor ........................................ I ................. City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1237 and paid out by him to Pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numhered. 10. 'Notice of election to call these shall be given by regular United States Mail addressed to the last known address of the purchaser. Adopted this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. October 1, 1962 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the Chaney Road Storm Sewer has been completed in accordance with plans and specifications by Smitty's Ex- cavation Service. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber m o v e d that the recommendation of the City Manager be approved. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 208.62 WHEREAS, the contract for the Chaney Road Storm Sewer con. struction of a storm sewer in Chaney Road from the existing storm sewer in Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm southerly in Chaney Road to the 352 Regular Session, October 1, 1162 existing fifteen inch storm sewer in Lot 1 of St. Rose Place: inclusive of a lateral line from Station 6+88.188 to the westerly property line of Chaney Road has been com- pleted and the City Engineer has submitted his final estimate show. ing the cost thereof including the cost of estimates, inspection, and preparing the plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,183.77. That $1,619.93 of the cost shall be paid by St. Rose Priory and $3,563.84 shall be paid from the Sanitation Fund -Municipal Improve- ments Fund of the City of Dubuque. Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber m o v e d the adoption of the resolution. Se- conded by Mayor Schaller. Car- ried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 209.62 WHEREAS, the contract for the construction of a storm sewer in Chaney Road from the existing storm in Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm south. erly in Chaney Road to the exist. ing fifteen inch storm sewer in Lot 1 of St. Rose Place: inclusive of a lateral line from Station 6+88.18 to the westerly property line of Chaney Road. has been completed and the City Manager has examined the worlq and filed his certificate statinf that the same has been completes according to the terms of the con tract, plans and specifications anc recommends its acceptance, nom therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation 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 contractor from the Sanitation Fund -Municipal Improvement the above described improvement in amount equal to the amount of his contract, less any retained percen- tage provided for therein. Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of proposal to dispose of interest in and to easements situated in "In- dian Hills" burdening real estate owned by J. Allen & Marijane S. Wallis Jr. and Richard V. & Betty R. McKay in Blocks 2 and 7, pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 210.62 WHEREAS, pursuant to resolu- tion and notice of proposal to dis- pose of interest in real estate which notice was published in the Telegraph -Herald, a newspaper of Regular Session, October 1, 1962 315,3 general circulation published in the City of Dubuque, Iowa, on the loth and 17th day of September 1962, the City Council of Dubuque, Iowa, met on the Ist day of Octo- ber 1962 at 7:30 o'clock p.m., Cen- tral Standard Time in the City Council Chamber in the City Hall to consider the proposal to dispose of the hereinafter described real estate, at which hearing all inter- ested parties were afforded an opportunity to be heard for or against such proposal; and WHEREAS, there being no writ- ten or oral objections to the pro- posal to dispose of the interest in real estate hereinafter described. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque. Iowa, to J. Allen Wallis Jr. and Marijane S. Wallis covering the following described property: Lot 2 of Lot 1 of Lot 1 Block 2; Lot i of Block 7; Lot 1 of Lot 2 Block 7; Lot 2 of Lot 3 Block 7; Lot 2 of Lot 6 Block 7; Lot 1 of Lot 7 Block 7; Lot 2 of Lot 7 Block 7; Lot 8 Block 7, all in Indian Hills in the City of Dubuque, Iowa, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute Quit Claim Deed to J. Allen Wallis Jr. and Marijane S. Wallis conveying the interest of the City of Du- buque in and to said above de- scribed real estate and deliver said Quit Claim Deed upon receipt of payment of costs of publication. Section 3. That the disposal of the interest of the City of Dubuque, Iowa to Richard V. McKay and Bet- ty R. McKay covering the following described property: Lot 1 of Lot 3 Block 7; Lot 4 Block 7; all in Indian Hills in the City of Dubuque, Iowa, be and the same is hereby ap- proved. Section 4. That the Mayor and City Clerk are hereby authorized and empowered to execute Quit Claim Deed to Richard V. McKay and Betty R. McKay conveying the interest of the City of Dubuque in and to said above described real estate and deliver said Quit Claim Deed upon receipt of payment of costs of publication. Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Proposal to dispose of interest in the alley lying between White Street and Jackson Street from Seventh to Eighth Streets and con- vey to Farley & Loetseher Mfg. Co., presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 21162 WHEREAS, pursuant to resolu- tion and notice of proposal to dis- pose of interest in real estate which notice was published in the Tele- graph -Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa, on the 10th and 17th day of September 1962, the City Council of Dubuque, Iowa, met on the 1st day of October 1962 at 7:30 o'clock P.M., Central Stan- dard Time in the City Council Chamber in the City Hall to con- 354 Regular Session, October 1, 1962 sider the proposal to dispose of the hereinafter described real estate, at which hearing all inter- ested parties were afforded an opportunity to be heard for or against such proposal; and WHEREAS, there being no writ- ten or oral objections to the pro- posal to dispose of the interest in real estate hereinafter described. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Iowa, to Farley & Loetscher Manu- facturing Company covering the following described property: The Alley lying between White Street and Jackson Street from Seventh (7th) Street to Eighth (8th) Street in the City of Du- buque, Dubuque County, Iowa, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute Quit Claim Deed to Farley & Loetscher Manufacturing Company conveying the interest of the City of Dubuque in and to said above described real estate and deliver said Quit Claim Deed upon receipt of pay- ment of costs of publication. Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Iiorgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 212.62 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 cigar. ettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City: Helen Lanser, 2412 Central Avenue Robert Bowen, 5 Eighth Avenue Eimer L. Thompson, 501 Rhom- berg Avenue Lenore M. O'Toole, 401 Main Street Elwood Gatton, 1598 Elm Street John E. Mohr, 205 Locust Street Elmer Rommel, 693 Dodge Street i'au: Freisinger, University & As- bury Streets BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 21362 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Mrs. Rita B. Love, 802 Iowa Street George Zillig, 342 Eighth Avenue William Bublitz, 1543 Central Ave- nue Clement R. Fleckenstein, 2995 Cen- tral Avenue Mrs. Florence Herburger, 2987 Jackson Street Regular Session, October 1, M2 355 Mrs. Regina Schmidt, 36 West 4th Street Dorrance Hames, 1828 Central Avenue Lucille Hough, 1643 Central Ave- nue Helen Lanser, 2412 Central Ave- nue CLASS "B" PERMIT FOR PRIVATE CLUB Disabled American Veterans, 9511 Main Street CLASS "C" BEER PERMIT Merlin Apel, 1195 Dodge Street Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMFS .1. KEAN ROBERT .1. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. RESOLUTION NO. 2142 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of the Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a beer permit: CLASS "B" PERMIT Mrs. Rita B. Love, 802 Iowa Street George Zillig. 342 Eighth Avenue William Bublitz, 1543 Central Ave- nue Clement R. Fleckenstein, 2995 Cen- tral Avenue Mrs. Florence Herburger, 2987 Jackson Street Mrs. Regina Schmidt, 36 West 4th Street Dorrance Hames, 1828 Central Avenue Lucille Hough, 1643 Central Ave- nue Helen Lanser, 2412 Central Ave nue CLASS "B" PERMIT FOR PRIVATE CLUB Disabled American Veterans, 9511/2 Main Street CLASS "C" PERMIT Merlin Apel, 1195 Dodge Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of October, 1962. LOUIS SCHALLER Mayor ,JOHN P. SCHREIBER PETER J. TAKOS ,TAMES J. KEAN ROBERT J. HORGAN Councilors Attest: LEO F. FROMMF.LT City Clerk Councilman Takos moved the adoption of the Ordinance. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays—None. Mr. Irvin Denlinger of Kauf- mann Avenue addressed the Coun- cil relative to a claim for damages to his property and vehicle at the time Hennessey Bros. of Cedar Rapids improved Kaufmann Ave- nue by the construction of a storm sewer. Mr. Denlinger was offered settlement of his claim by Hen- nessey Bros. insurance carrier but evidently it was not enough to satisfy him. City Attorney Russo volunteered to write Hennessey's insurance carrier again in behalf of Mr. Denlinger. Councilman Takos moved that Coleman T. Afobley be appointed to Dubuque's Cultural Development Commission for a three year term to replace Mr. John Clifford who X56 Regular Session, October 1. 1982 has resigned. Seconded by follow- ing Council- man Kean. Carried by vote: yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Councilman Schreiber Councilman to adjourn. Seconded by e follo Kean. Carried by ing .rote: Yeas—Mayor Schaller, Coui ercil- men Horgan, Kean, Takos. Nays—None. LEO F. FROMMELT, City Clerk Febru a ry. 4.0 .....1963. Approved ..................... February. 4.1.....1963. Adopted ....................... I\ �1 Councilme ..4.• ......•• •• (71 .. C+.................. Attes........................................... City Clerk Special Session, October 8, 1962 357 (ITY COUNCIL OFFICIAL Special Session, October 8, 1962 Council met at 6:15 P.M. Central Standard Time. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering an offer by Sears Roe- buck do Co. for the purchase of two and one-half acres, more or less, refered to as the Huff Street Warehouse Site, and acting on any other business as may properly come before a regular meeting of the City Council. September 27, 1962 The Honorable Members of the City Council of the City of Dubuque, Iowa Re: Huff Street Warehouse Site Honorable Sirs: Sears, Roebuck and Co., herein- after caller "Sears", is now build- ing a new store on property known as Rafferty Park and, in connection with the operation thereof, has need for a warehouse in proximity thereto, For the purpose of acquir- ing such a warehouse site, Sears makes the following offer: 1. To purchase from City of Du- buque, Iowa, hereinafter called "City", a parcel of land, consist- ing of approximately two and one- half acres, part of which is now owned by the City and part of which is to be acquired by the City from Illinois Central Railroad Com- pany, the location and description of which is set forth on a plat of survey marked "Exhibit A" and by this reference made a part hereof for the price of $2,500.00 per acre. 2. This offer, if accepted by City, is subject to the following terms and conditions: a. City shall establish and extend Huff Street in city of Dubuque, Iowa so that the said street shall extend from the present souther- ly terminus of said street to the south line of the property de- scribed in paragraph 1 hereof in such location that said Huff Street shall adjoin the easterly side of said property. b. Sears agrees to construct, at its sole expense, a storm sewer, commencing at the intersection of Harrison Street and Railroad Avenue and extending easterly on Railroad Avenue to the inter- section with Huff Street and then extending southerly on Huff Street to a point where said street will be crossed by a drainage ditch; upon acceptance by City of the installation of said storm sewer, and the same shall become the property of City. c. Scars agrees to construct, at its sole expense, water and sanitary sewer lines in Huff Street south- erly to a point where the same shall serve the property de- scribed in paragraph 1 hereof, providing City will require those persons hereafter connecting to said lines to pay a connection charge on a pro rata basis of cost, which payments will be turned over to Sears by City as a reimbursement against cost of constructing said lines; upon ac- ceptance by City of the installa- tion of said water and sanitary sewer lines, the same shall be. come the property of City. d. City agrees that it will, at its sole expense, fill in the drainage ditch where it will cross the ex- tended Huff Street and install a 96" culvert across and under said Buff Street. e. City agrees that it will, at its own expense, bring Huff Street as extended to grade and as promptly as possible after the water and two (2) sewer lines are in place on Huff Street cover said street with a temporary gravel surface. f. City agrees that it will construct or cause to be constructed cement curb and gutter on said Huff Street as extended and a hard surface on said street of cement or bituminous concrete, and to complete the same on or before the following dates: Curb and gutter on or before June 1, 1963; hard surface on street not later than September 1, 1984, City agrees that curb and gutter and hard surfacing of Street will be done on the basis 3M Special Session, October $, 1962 of special assessments on adjoin- ing property, and that the assess- ment against Sears therefor will be in the approximate sum of $2,500. g. Sears agrees that when it ob- tains title from City to the prop- erty described in paragraph 1 hereof, it will build a warehouse on said premises at a cost in the approximate sum of $175,000. h. City covenants and warrants that the property described in para- graph 1 hereof is now zoned for heavy industrial use. I. City agrees to convey to Sears good merchantable title free from liens and encumbrances to the premises described in para- graph 1 hereof by quit claim deed or by some other deed with- out warranty of title, said con- veyance to be made on or before February 15, 1963; and upon delivery of deed conveying such title, Sears will pay City the agreed consideration of $2,500 per acre. City agrees to deliver to Sears a complete abstract of title covering the premises de- scribed in paragraph 1 hereof and shall allow wars thirty (30) days for title examination after the delivery of said abstract, and the sale shall not be closed until thirty (30) days after the delivery of said abstract of title to Sears. If the City cannot con- vey good merchantable title to Sears, then either City or Sears may cancel this contract of sale. j.It is recognized by City and Sears that City does not now own all of the property described in Paragraph 1 hereof and that title to part of said premises will have to be obtained by City from Illi. nois Central Railroad in order to consumate this sale to Sears. If for any reason City is unable to obtain title from Illinois Central Railroad Company by December 31, 1962, then City or Sears shall each have a right to cancel this contract of sale by giving notice thereof in writing to the other Party on or before February 15, 1963. It is requested that notice of the acceptance and approval of the sale of the above-mentioned prop• erty upon all the terms and con• ditions herein provided be indicat• ed on one copy hereof and re- turned to Sears, Roebuck and Co., attention of the undersigned. Yours truly, SEARS, ROEBUCK AND CO. By G. M. METCALF, Vice President ACCEPTED and APPROVED This 8th day of October, 1962. CITY OF DUBUQUE, IOWA By LOUIS SCHALLER, Mayor Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved that the contract of sale be received and made a matter of record. Se. conded by Mayor Schalk r. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 215-62 WHEREAS, Sears, Roebuck and Co. by instrument dated September 27, 1962 has made an offer to purchase a parcel of land consist- ing of approximately two and one - acres, part of which is now owned by the City of Dubuque and part of which is to be acquired by the City from Illinois Central Railroad Co. for the price of $2500.00 per acre, subject to certain terms and conditions as set out in Paragraph 2 and subparagraph a. to J. in- clusive; and WHEREAS, City Council of Du- buque, Iowa being fully advised in the matter finds and determines that it would serve the best inter. ests of the City of Dubuque to ac- cept the offer of Sears, Roebuck and Co. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the offer to Sears, Roebuck and Co. dated September 27, 1962 offering to purchase the parcel of land located and describ- ed on the Plat of Survey marked Exhibit "A" and by reference made a part of said written offer, subject to the terms and conditions set forth in said offer for the purchase price of $2500.00 per acre as set out in said offer dated Special Session, October 8, 1962 3,59 September 27, 1962 be and the same is hereby approved and ac- cepted, and that the Mayor and City Clerk are hereby directed to execute said offer. Section 2. That the City Clerk be and he is hereby authorized and directed at such time as is practical to cause notice of intent to dispose of real estate to be published as by law provided. Passed, adopted and approved this 8th day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the ad- option of the resolution. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 8, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of M. A. Otto and others requesting street lighting at Avalon Road and Jeffrey Drive. The area has been investigated and the installation of street lights at the following locations is recommended. 1. At the intersection of Avalon Road and Jeffrey Drive. 2. At the south east corner of Avalon Road and St. Anne Drive. 3. On easement between 1803 and 1809 Avalon Road. 4. On casement between 1751 and 1769 Avalon Drive. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. NaYs—None Communication of Committee on Municipal Court of the Dubuque County Bar Assn. stating that in their opinion the best proposal for housing the Muncipal Court is that submitted by Fischer Realty to provide quarters on the 7th floor of the Fischer Building, presented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by Coun. cilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. September 15, 1962 To the Honorable Mayor and City Council Gentlemen: The Planning & Zoning Com- mission has considered the petition of Joseph Blasen requesting vaca. tion of a portion of Oak Street that dead ends on his lot. The Commission sees no public need for this portion of Oak Street and recommends vacation of same. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secy. Mayor Schaller moved that the recommendation be approved and the communication refered to the ('ity Solicitor for proper proceed- ings. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. September 15, 1962 To the Honorable Mayor City Manager Gentlemen: The petition of Dr. Ralph Grimm, 2300 University Ave. has been con- sidered by the Planning & Zoning Commission. This area has considerable prop- erty presently zoned for Local Business District and not developed as such. Therefore the Planning & Zoning Commission recommends denial of the petition. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. 380 Special Session, October 8, 1982 Councilman Schreiber moved that the recommendation of the Commission be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Printed Council proceedings for the months of March and April 1962 presented for approval. Mayor Schaller moved that the Council proceedings for the months of March and April 1962 be approved as printed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Hillcrest Builders Inc. requesting the installation of re- maining street lights in Key Knolls Subdivision, presented and read. Councilman Takos moved that the petition be refered to the City Manager and Electrical Inspector for investigation and report. Sec. onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Geo. Doerr requesting permission to excavate in the street at 2086 Garfield Avenue for the purpose of servicing a new home, presented and read. Mayor Schaller moved the petition be referred to the City Manager and Engineering Department. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of American Associa- tion for the United Nations re- questing permission to conduct a city-wide trick or treat collection for UNICEF and further request- ing permission to distribute UNI- CEF leaflets in the downtown area on Monday October 22nd. pre- sented and read. Councilman Takos moved that both requests be granted however the second re- quest be subject to the control of he building commissioner. Second - !d by Mayor Schaller. Carried by :he following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mrs. Kenneth Evers of 877 Mc- Cormick St. addressed the Council relative to UNICEF by stating that the intention is to conduct the drive from six to eight P.M: by the children and they would be properly supervised and escorted from home to home. The children gain in world understanding of others needs. Mr. John McFarland and Mrs. Halburton addressed the Council as to passing out literature for UNICEF. Petition of Dubuque County Young Republicans requesting per- mission to hold a parade on Mon. day, October 15, 1962 at 7:30 P.M. from 5th and Main to 13th and Main. Councilman Schreibed moved that the petition be granted provid- ing there are no conflicting dates. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of S. D. Hunter et al requesting installation of a street light on corner of Prysi & New Haven streets and also on New Haven street proper, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of Suit by Clara Schill in the amount of $15,000 for per- sonal injuries received in a fall on Special Session, October 8, 1962 a defective sidewalk at 1157 Central Avenue, on July 11, 1962, pre- sented and read. Councilman Schreiber moved that the Notice be referred to the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, C auncil- men Horgan, Kean, Schreiber, Takos. Nays --None. Notice of claim of Frank A. Gonser, in an un -named amount, for personal injuries received in a fall at the top of the 18th street steps on July 24, 1962, presented and read. Councilman Schreiber moved that the Notice of claim be referred to the City Solicitor for investigation and report. Sic onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean. Schreiber, Takos. Nays—None. October 2, 1962 Hon. Mayor do City Council Gentlemen: On May 5, 1959 notice of suit was served on the City of Dubuque by Emmett Kies as Plaintiff vs. City of Dubuque, Iowa, Defendant, claiming damages in the amount of $15,000.00 as damages for per-onal injuries suffered by plaintiff on February 6, 1959 as a result of a fall in the cross walk at 6th Street and Central Avenue in the City of Dubuque. On October 1, 1962, the District Court of Iowa in and for Dubuque County entered an order dismissing plaintiff's petition. Original notice with copy of peti- tion attached is hereto attached. Respectfully submitted. R. N. RUSSO, City Attorney l Mayor Schaller moved that the communication be received and made a matter of record. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. 361 October 2, 1962 Hon. Mayor do City Council Gentlemen: The matter of Wiegands Subdivi- sion was referred to this office for investigation and report and I have made an examination of same and the pertinent ordinance. I find that the certificate of Eugene D. Wright shows that title to said real estate is in Dale B. Wiegand free and clear of all liens and encumbrances, subject to notice of proposed special assess- ment for surfacing Kaufmann Av- enue. Ordinance No. 65-57, Section IV, Subsection 2, requires that final plats submitted for Council ap- proval and attached thereto a cer. tificate of a qualified attorney at law certifying that the title to the land platted is in the persons signing as owners, free and clear of all liens or encumbrances. In view of the foregoing, it is recommended that the foregoing plat not be approved by the Coun- cil until such time as the certificate of attorney attached thereto con- forms with the cited portions of the subdivision ordinance. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation and the plat be referred back to the City Solicitor and Engineering Depart- ment. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 21662 Preliminary Estimate, proposed plans, specifications, form of con- tract and all other documents for the construction of a 24" storm sewer in Davenport Street from the existing storm sewer between Saunders Street and Stoltz street easterly in Davenport Street to the existing storm sewer at National and Davenport Street, at an esti- mated amount of $7820.00, pre- sented and read. 962 Special Session, October 8, 1962 Coun;.ilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- e by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 217.62 Whereas, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: 1. The street to be improved. 2. The plan of such improve- ment. 3. The estimate of the cost of the proposed improvement. For the construction of a twenty- four inch (2417 R.C.C.P. storm sew. er in Davenport Street from the existing storm sewer between Saun- ders Street and Stoltz Street easter- ly in Davenport Street to the ex- isting storm sewer at National Street and Davenport Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be a on- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now in file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sanita- tion Fund -Municipal Improvements. The above resolution was intro• duced, approved and ordered plat• ed on file with the City Clerk this 8th day of October 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the approval of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 218-62 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of a twenty-four inch (24') R.C.C.P. storm sewer in Dav- enport Street from the existing storm sewer between Saunders Street and Stoltz street easterly in Davenport Street to the existing storm sewer at National Street and Davenport Street. BE IT THEREFORE RESOLVED that on the 5th day of November, 1962, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, the City Clerk be and he is hereby directed to have published the Notice of Pen- dency for said improvement, and the City Clerk is hereby directed Special Session, October 3, 1962 363 to advertise for proposals for the construction of the improvement. Passed, adopted and approved this 8th day of October, 1962. LOUIS SCHAL.LER Mayor .JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kos. Nays --None. RESOLUTION NO. 219.62 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 ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City: Francis George and Donald Wai- ner, 665 Dodge Street John H. Johns, 1190 Dodge Street Richard Nesteby, 285 Locust Street Clarence J. Robey, 195 East 14111 Street BE IT FURTHER RESOLVED that the bonds filed with the appli• cations be approved. Passed, adopted and approved this 8th day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- kos. Nays—None. There being no further business Councilman Kean moved to ad. journ. Seconded by Councilman Iforgan. Carried by the following vote: Yeas—Mayor Schaller, Council. men Iforgan, Kean, Schreiber, Ta- kos. Nays—None. LEO F. FROMMELT City Clerk February 4 Approved , .................................1963. Adopted ...... Fe'r'*u8ry...4,...1963. Cou Atte .. ... City Clerk 361 Special Session, October 22, 1962 CITY COUNCIL OFFICIAL Special Session, October 22, 1962. Council met at 7:30 P.M., C.S.T. Present—Mayor Schaller, Council- men Horgan, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that this meeting is called ng Con - for the purpose of app Con- tracts for Community Renewal Por - gram Grant between the Housing and Home Finance Agency and also Contracts for Consulting Ser- vices with Victor Gruen Associates and Larry Smith & Company and acting on any other business as may properly come before a regu- lar meeting of the City Council. Communication of Housing and Home Finance Agency submitting a Contract for Community Renewal Program Grant No. Iowa R-8 (G) Community Renewal Program No. Iowa R-8 (CR) providing for a grant of Federal Funds under Title I of the Housing Act of 1949, as amend- ed, to aid in financing the cost of preparation of the Community Re- newal Program, presented and read. Mayor Schaller moved that the communication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO, 220-62 RESOLUTION APPROVING AND PROVIDING FOR EXECUTION OF PROPOSED CONTRACT F O R COMMUNITY RENEWAL PRO- GRAM GRANT NO. R-8 (CR) (G) BETWEEN CITY OF DUBUQUE, IOWA, AND THE UNITED STATES OF AMERICA PERTAIN- ING TO THE PREPARATION OF COMMUNITY RENEWAL PRO- GRAM NO. IOWA R-8 (CR). WHEREAS, under Title I of the Housing Act of 1949, as amended, the United States of America (herein called the "Government") has tendered to City of Dubuque, Iowa (herein called the "Public Body") a proposed Contract for Communty Renewal P r o g r a m Grant, hereinafter mentioned, pur- suant to which the Government would extend a Grant of Federal funds to the Public Body to aid in financing the cost of the pre- paration of a Communty Renewal Program, designated Community Renewal Program No. Iowa R-8 (CR) (herein called the "Pro- gram"); and .WHEREAS, this Public Body has given due consideration to said proposed Contract and has found it to be in the interest of this Locality to execute such Contract; and WHEREAS, this Public Body is duly authorized, under and pursu- ant to the Constitution and laws of State of Iowa, to undertake and carry out the preparation of the Program: NOW, THEREFORE, BE IT RE- SOLVED BY CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The pending proposed Contract, designated "Contract for Community R e n e w a l Program Grant, Contract No. Iowa R-8 (CR)', consisting of Parts I and II, under and subject to the provisions, terms, and conditions of which the Government would make a Grant of Federal funds under Title I of the Housing Act of 1949, as amend- ed, to this Public Body to aid in financing the cost of the prepara- tion of the Program for the Local- ity of Dubuque, Iowa, is hereby approved in all respects. Section 2. The Mayor of this Public Body in its behalf is hereby authorized and directed to execute said proposed Contract in two coun- terparts, and the City Clerk of this Public Body is hereby authorized and directed to impress and attest the official seal of this Public Body on each such counterpart and to forward such counterparts to the Housing and Home Finance Agency, together with two certified copies of the proceedings in con- nection with the adoption of this Resolution, two certified copies of this Resolution, and such other and further documents relative to the approval and execution of the Con- tract as may be required by the Government. Special Session, nctolx,r 22, 1962 385 Section 3. The Mayor of this public Body is hereby authorized to file requisitions, together with necessary supporting documents, with the Government, from time to time as Grant funds are required, requesting payments to be made to it on account of the Grant pro- vided for in the Contract, and to do and perform all other things and acts required to be done or performed in order to obtain such payments. Section 4. This Resolution shall take effect immediately. Passed, adopted and approved this 22nd day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES ,1. KEAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. A contract between the City of Dubuque and Victor Gruen Associ- ates Planning & Design Inc. agree- ing that the contractor (Victor Gruen Associates) shall perform all the necessary services provided in the contract in connection with and respecting the preparation of a community renewal program showing "Scope of Services" to be Performed by the Planning Con- sultant either solely or in con- junction with the Economic Con- sultant, in the amount of $86,300.00 presented and read. Councilman Takos moved approval of the Vic- tor Gruen Associates Planning & Design Inc. contract and that the City Manager be authorized to sign same on behalf of the City. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Kean, Schreiber, Takos. Nays --Councilman Horgan. I A contract between the City of Dubuque and Larry Smith & Com - puny entitled "Community Renewal Program Contract (Economic Con- sultant)" wherein Larry Smith & Company agree to render certain technical advice and professional assistance for the Community Re. newal Program, in the amount of $21,000,00, presented and read. Councilman Takos moved approval of the Larry Smith & Company con. tract and that the City Manager be authorized to sign same on behalf of the City. Seconded by Council- man Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. A contract between the City of Dubuque and Larry Smith & Com- pany entitled "Public Facilities Study contract (Economic Consult- ant) "wherein Larry Smith & Com- pany agree to make a public facil- ities study for the purpose of estimating the requirements for municipal facilities in future years and formulating an action program of municipal development within budget limitations and good plan- nina considerations, in the amount of $6.500.00, presented and read. Councilman Takos moved approval of the Larry Smith & Company con- tract and that the City Manager be authorized to sign same on behalf of the City. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. A contract between the City of Dubuque and Victor Gruen Associ- ates Planning and Design wherein Victor Gruen Associates agree to render services in conjunction with the Community Renewal Program for the City, and the Downtown Study for the Chamber of Com- merce by formulating a program for data gathering and processing, in the amount of $28,000.00, pre- sented and read. Councilman Takos moved approval of the Victor Gruen Associates Planning and De- sign contract and that the City Manager be authorized to sign same on behalf of the City. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. 3M Special Session, October 22, 1962 — Communication of Dubuque Fed- eration of labor submitting the name of Allen R. Kingsley for con- sideration for membership on the Dock Commission, presented and read. Councilman Schreiber moved that the communication be referred to the Council to be considered at the time an appointment is to be made. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of September 1962, pre- sented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Printed Council proceedings for the month of May 1962 presented for approval. Councilman Schreiber moved that the Council proceedings for the month of May 1962 be ap- proved as printed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. October 22, 1962 To The Honorable Mayor and Members of the City Council Gentlemen: In accordance with Chapter 48 of the Code of Iowa, 1962, I hereby recommend for your approval the appointment of the following named persons to serve as Clerks of Election for each precinct, who shall have charge of the election register for the General Election to be held on November 6, 1962. First Precinct: Republican --Louise Rafoth, 964 Mount Loretta Avenue. Democrat—Margaret Cannon, 168 Julien Dubuque Drive. Second Precinct: Republican—Dorothy Wick, 1910 Marion Street. Democrat — Rita Gleason, 2291 Lombard Street. Third Precinct: Republican—Eunice Kilby, 521 West Third Street. Democrat—Vera McAllister, 821 Dodge Street. Fourth Precinct: Republican—Emma Osborn, 49i West Fifth Street. Democrat — Georgiana Millius, 468% Locust Street. Fifth Precinct: Republican—Marion Pfaff, 265 Alpine Street. Democrat—Elizabeth Vogel, 1185 Center Place. Sixth Precinct: Republican—Millie Cords, 1655 Auburn Street. Democrat—Dorothea Green, 1855 Atlantic Street. Seventh Precinct: Republican—Alexia Hanley, 911 Central Avenue. Democrat — Mary Clemens, 1110% Iowa Street. Eighth Precinct: Republican—Jane Fuhrman, 530 Wilbur Lane. Democrat — Anna Weber, 1025 Locust Street. Ninth Precinct: Republican — Mildred Koehler, 1763 Central Avenue. Democrat—Mary Berg, 1633 Cen- tral Avenue. Tenth Precinct: Republican — Loretta Kammuel- ler, 366 West Locust Street. Democrat—Mary Behr, 1491 Main Street. Eleventh Precinct: Republican — Hilda Kempter, 2125 Kleine. Democrat—Ida Murray, 348 Kauf- mann Avenue. Twelfth Precinct: Republican—Elsie Bottge, 2421 Division. Democrat—Minnie Recker, 2210 Francis Street. Special Session, October 22, 1962 367 Thirteenth Precinct: Republican -- Eleanor Rafoth, 2761 Broadway. Democrat — Freda F dell, 2915 Jackson Street. Fourteenth Precinct: Republican—Betty Morgan, 626 Lincoln Avenue. Democrat — Loretta McAndrew, 706 Lincoln Avenue. Fifteenth Precinct: Republican — Helen Pape, 917 Rhomberg Avenue. Democrat — Frances Crippes, 1226 Lincoln Avenue. Sixteenth Precinct: Republican—Helen Schetgen, 155 Devon Drive. Democrat — Marietta Donegan. 2105 Ogilby Road. Respectfully submitted, LEO F. FROMMELT, Commissioner of Registration Councilman Kean moved the list be approved. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council• men Horgan, Kean, Schreiber, Takos. Nays—None. October 11, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that Mr. George Doerr, 2086 Garfield Ave. has now acquired enough property to the south of his present home at 2086 Garfield Ave. to build a new house. In order for a home to be built on this lot, there will have to be gas and water connections made into Garfield Ave. Mr. Doerr Petitioned your honorable body for Permission to excavate in Garfield Ave, at the meeting of October 8, 1962. I, therefore, recommend that per- mission be granted to excavate in the street provided the work be done by a bonded excavator or Plumber, and in accordance with the directions of the City Engineer. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. October 22, 1962 To the Honorable Mayor and City Council Gentlemen: This letter is in regard to the proposed parking ramp and the proposed ramp site located between Eighth, Ninth, Locust and Bluff. I request that authority be granted to the City Solicitor and City Manager to negotiate options for the purchase of land and build- ings of those portions of the pro- posed site that are presently avail- able. I also request that authority be given the City Manager to select and engage a designer for the ramp and to proceed with the design of the ramp. These grants of authority are re- quested at this time for the follow- ing reasons: 1. A definite beginning of the project should be made now if the time schedule of starting construction by next spring is to be maintained; 2. Such problems as ramp size, type, cost and method of opera- tion can only be resolved by proceeding with design and specifications; 3. The requested grants of au- thority will not interfer with land negotiations now being carried on. I admit that there are many un- answered questions about the ramp and site. I believe however, that at the beginning of a large project, this is an expected condition. I also believe that the request grants of authority will initiate solutions to the outstanding piob- lents which cannot otherwise be brought before the Council. Respectfully submitted, Gilbert D. Chavenelle, City Manager 388 Special Session, October 22, 1982 Councilman Schreiber moved that the Manager be authorized to proceed with designs and options j and that the ramp be designed for more than two levels and more than two hundred cars average per level. Seconded by Councilman Horgan. Carried by the following vote: Yeas — Councilmen H o r g a n, Kean, Schreiber. Nays—Mayor Schaller, Council- man Takos. Mayor Schaller moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. George Cassutt, President of Dubuque Chamber of Commerce read a communication and asked the Council to proceed with haste but due diligence in the construc- tion of the parking ramp. Mr. Art. Mosle Chairman of the Retail Merchant's Bureau also read a communication addressed to the Council and stated that in his opin- ion that to delay would appear that the Council does not have decision and that nothing could be gained by waiting. Mr. Herb Kiefer of 535 Chestnut Street questioned the height and entry level of the Madison, W is. parking ramp. He further stated that the ramp should be built on the city owned property at 9th and Iowa Street. Mayor Schaller moved that the communications presented by the members of the Chamber of Com- merce be received and made a mat. ter of record. Seconded by Council. man Takos. Carried by the follow. ing vote- Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays—None. October 22, 1965 Honorable Mayor and City Council City Hall Gentlemen: The Dubuque Chamber of Com merce Board of Directors at a regu ar meeting held October 18, 1962 manimously approved the Execu- ive Committee's offer to sell the chamber of Commerce Building to be City of Dubuque for a price of 675,000. This, however, is a single purpose offer or sale, with the con- lition that the land be used in the levelopment of a parking ramp. This offer by the Chamber of Com- merce is $5,000 less than the ap- praised value of the Chamber set by the Real Estate Board. In addition to this $5,000 saving to the City, a separate fund is being raised by individuals inter- ested in seeing the parking ramp become a reality. This fund totals $33,000 in pledges to date. This fund and any additions to the fund will be turned over to the City to be used in the parking ramp devel- opment to help offset the cost. The Dubuque Chamber of Com- merce also has entered into con- tracts with Victor Gruen & As- sociates for Downtown Planning and Design Studies and the Larry Smith Company for Economic Stud- ies of Downtown Dubuque, at a cost of $24,000, which will be in- corporated in the over-all Commun- ity Renewal Program, being under- taken by the City with federal as- sistance. With these plans for the future of Dubuque now in the de- velopment stage, the Dubuque Chamber of Commerce feels it most important that the first recommen- dation received from the Victor Gruen firm regarding construction of the parking ramp be implement- ed without delay. The Chamber Board of Direct- ors hopes that this ratification of the Executive Committee's action and notification of this separate fund being raised, will assist the Council in expediting the ramp pro- ject. Yours truly, GEORGE L. CASSAT, President Dubuque Cham- ber of Commerce October 22, 1962 Honorable Mayor and City Council City Hall Gentlemen: The Retail Merchants' Bureau of the Dubuque Chamber of Com- Slx�cial St -scion, October 22, 1962 389 coerce congratulates members of the City Council for engaging Vic- tor Gruen & Associates to make a complete Parking and Traffic Sur- vey together with a suggested plan for immediate procedure to allevi- ate the critical parkins~ problem in the City of Dubuque. The recent survey received by the City has confirmed this immediate need for additional parking in the down- town business district. The Retail Merchants' Bureau. being consistent, asks the City Council to act on the first recom- mendation of Victor Gruen & As- sociates and construct the parking ramp without delay. Yours truly, ARTHUR H. MOSLE. Chairman Retail Merchants' Bureau COUNCIL RECESSED AT 10:15 P.M. COUNCIL RECONVENED AT 10:30 P.M. Notice of claim of Jack Farley. in the amount of $22.95, for car damage incurred as the result of striking a hole in the street at Dodge & Bryant on October 9, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas.—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. Notice of claim of Vincent A. Timpe Jr., in the amount of $18.00, for damage to his car as the result of spraying oil in the street at 210 James on October 15, 1962. presented and read. Councilman Schreiber moved that the noticC of claim be referred to the CIty Solicitor for investigation and re port. Seconded by Councilmar Takos. Carried by the followini vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays --None. Notice of claim of Mrs. P. C. Deibel, in an un -named amount, 'or personal injuries received in a fall on a defective sidewalk on 3th street on September 24. 1962, presented and read. Councilman Schreiber moved that the notice of claim he referred to the City Solic- itor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan. Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 54.62 An Ordinance Amending Ord- inance No. 33-49 Section A of Schedule III by adding a new subsection 13 thereto and an ordinance Amending Section B of Schedule III by adding new subsections thereto, numbers 21 to 25 inclusive providing and designating same as "Stop Intersections." presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yens—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (HIDINANCE NO. 54-85 AN ORDINANCE AMENDING I iIII)INANCE No. 93 49 SECTION A 111 AY AppING TtNI:NA ;I1�BECA:rTIiUN13 )RpI HA R E n;IENDTNO SECTION n of „•rs,: r r I.F, nI BY ApplNG NEW �I'Itv(1�'TXS TtlyRETONIIM- r, Idp VlplN0 AND I)ESIONATI NAME AS "STOP INTERSEC- T1nNs " NOW THF.RFFORE BE IT OR- itFr yQ1JTHE L. IOWA ITY COUNCICOUNCILI)t pj sec, 1. That Sec•tlon A of f4cliodule III br amended by udd- 370 Special Session, October 22, 1982 Ing a new Subsection 13 thereto sa follows: A. must b stop beforwest-bound B8e tering the intersection of: Section 13. Alpine and Street Section 2hedule . That Section B of hel herebybe nd the mendedaddinam rebymendednew Subsection 21, 22, 23, 24 and 26 thereto as follows: "B. North -bound an d south- bound vehicles must Stop be- fore entering the Intersection of: 21. Avalon R o a d and Hill- crest Road; 22. Deborah Drive and Hill- crest Road; 23. Jeffrey Drive a n d Hill- crest Road; 24. Roosevelt Street and Lin- coln Avenue; 25. Shiras Avenue and Lin. coln Avenue." Passed, adopted and approved this 22nd day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORG AN Attest: Leo F. Froinmelt City Clerk Published officially in the Tele- graph -Herald Newspaper this 26th day of October 1962. Leo F. Frommelt City Clerk 1 t 10-26 Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. A reply from the District Court of Polk County, Equity No. 67981, showing the City of Dubuque as an intervenor along with other cities in the state as to handling of mon- ies and credits income revenue in the annual budget, presented and read. Councilman Schreiber moved that the reply be referred to the City Solicitor. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Otto R. Donath et m requesting removal of a storm sew er between lots 543 and 544 and further requesting the lowering of the street in front of Lots 543-544- 545-546-550 43.544545.546-550 all in Lenox Addition, aresented and read. Mr. and Mrs. Otto Donath both addressed the Council relative to their petition and demanded im- mediate action. Mayor Schaller moved that the petition be referred to the City Manager and City Engineer. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Christmas Seal Cam- paign for 1962 requesting permis- sion to hold a 'Bangle Day" on Saturday, December 8, 1962, pre- sented and read. Councilman Schreiber moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Schiltz Construction Co. requesting the erection of street lights in "Sunset Park Sub- division" presented and read. May- or Schaller moved that the peti- tion be referred to the City Man- ager and Electrical Inspector for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Rosheks requesting permission to hold a parade on Saturday, November 10th, starting at 10:30 A.M. presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Spacial Session, October 22, M2 371 Petition of Peoples Natural Gas requesting permission to excavate in Delhi street (10 yr. street) in front of the Trinity Lutheran Church, presented and read. Coun- cilman Takos moved that the peti- tion be granted subject to super- vision by the Engineering Depart- ment. Seconded by Mayor Schuller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 221-62 BE Pl' 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 cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address National Tea Company, 2013 Cen- tral Avenue Mrs. Mary Flury, 1487 Central Av- enue BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved L 22nd day of October, 1962. LOUIS SCHALLER. Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nuys—None. RESOLUTION NO. 222-62 WHEREAS, applications for Beet Permits have been submitted tc this Council for approval and tht same have been examined: NOW THEREFORE, RE IT RESOLVED by the City Council of the City of Dubuque Iowa, that the following applica. tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Mrs. Mary Flury, 1487 Central Av. enue J. Russell Evans, 29 Eighth Avenue Norbert G. Tigges, 2774-2776 Jack- son Street CLASS "C" BEER PERMIT National Tea Company, 2013 Cen- tral Avenue Harry Kopple, 1098 University Av- enue Passed, adopted and approved this 22nd day of October, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 223.62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS "B" BEER PERM AITdress Name Mrs. Mary Flury, 1487 Central Av enue 3i2 Special Session, October 22, 1962 J. Russell Evans, 29 Ei ghth Av776 Avenue Norbert G. Tigg Jack- son Street CLASS "C" BEER PERMIT National Tea Company, 2013 Cen- tral Avenue Harry Kopple, 1098 University Av- enue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 22nd day of October, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. There being no further business Councilman Schreiber moved to ad- journ. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT, City Clerk Approved...February.4,1 1963. ......................... Adopted ..., ebruary ,. 1963. Counci City 1eliminied Spee•ial Session, October 29, 1962 CITY OF Adjourned Spec 29, 1962. Council met at OUNCIL FICIAL ial Session October 7:30 P.M., C.S.T. Present—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meet- ing is called as an adjourned meet- ing of the Special Meeting held on September 24, 1962, for the purpose of completing the proceedings for the issuance of $400,000 Water Rev. enue Bonds, 1962 Series, of the City of Dubuque. Iowa, and acting on any other business as may prop- erly come before the meeting. Proof of Publication, certified to by the Publisher, of Notice of Sale of Water Revenue Bonds, in the amount of $400,000. presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takes. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Meet- ing for issuance of Water Revenue Bonds, 1962 Series, in the amount of $500,000, presented and read. Mayor Schaller moved that the Proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takes. Nays—None. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. No oral bids were received. The following sealed bids were receivec and opened Mullaney, Wells d Company, Chicago, Ill. Rate 2.85% Premium $175.00, Net or averag< Rate 2.84582'7--Shearhon, liammi & Co. Chicago, Firbt of Iowa Corp 373 oration, Shaw McDermott & Co., Quail & Co., Blair A. Phillips Sr. Rate 2.907o, Premium $165.00, Net Rate 2.89605%—The White Phillips Co. Inc., Davenport, Iowa Rate 23646, Premium $56.00, Net Rate 2.87366176—John Nuveen & Co. Chi- cago, Ill. Rate 317-,,., Premium $1.684.00, Net Rate 2.9598%—Carle- ton D. Bch & Co., Des Moines, and Paine, Webber, Jackson & Curtis, Chicago, Ill., Rate 291/,, Premium $130.50, Net Rate 2.8968817v—Stern Bros. & Co., Kansas City, Mo. 2%%, Premium $52 00, Net Rate 2.8737%; all bids contained a certified check in the amount of $8000.00. RESOLUTION NO. 224.62 RESOLUTION providing for the sale and award of $400.000 Water Revenue Bonds, 1962 Series, and approving and au- thorizing the agreement of such sale and award. WHEREAS notice of sale of $400,010 Water Revenue Bonds, 1962 Series, of the City of Du- buque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in at least one newspaper located in Dubuque County; and WHEREAS all sealed bids were received and placed on file, after which open bids were called for and the highest and best open bid was submitted by none of none, consisting of par and accrued inter- est plus a premium of none, with all bonds to bear interest at the rate of none per cent (none%) per annum, and thereafter such sealed bids were opened, the highest and best sealed bid being submitted by Mullaney, Wells do Company of Chicago, I11., consisting of par and accrued interest plus a premium of $nt 5.00, rest athe with allte to bear wo and eighty five hundreth per cent (2,8550 per annum; NOW, THEREFORE, Be It Re. solved by the City Council of the fol- lows: of Dubuque, lows: S*etion 1. That upon being ad- vised in the premises, it is hereby determined that the bid of Mul- 374 Adimirned Special Session, October 29, 1962 laney, Wells & Company, for the purchase of said Water Revenue Bonds, 1962 Series, as advertised, upon terms of par and accrued interest plus a premium of $175.00 is the highest and best bid received and that said bonds, bearing inter- est at the rate of two and eighty- five hundreth per cent (2.85%) per annum, be and the same are hereby awarded to said Mullaney, Wells & Company. Section 2. That the form of agree. ment of sale of said bonds to Mul- laney, Wells & Company be and the same is hereby approved, and the Mayor and City Clerk are here- by authorized to execute said agree- ment for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are here. by repealed. Passed and approved October 29, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Recorded October 29th, 1962. LEO F. FROMMELT, City Clerk (SEAL) Councilman Takos moved the ad- option of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None RESOLUTION NO. 225.62 A RESOLUTION authorizing and Providing for the issuance and securing the payment of $400,000 Water Revenue Bonds, 1962 Ser- ies, of the City of Dubuque, Iowa, under the provisions of Sections 397.10 et seq. of the Code of Iowa, for the purpose of defray- ing the cost of improvements and extensions to the municipal waterworks in and for said City and providing for the collection, segregation and distribution of the revenues of such municipal waterworks. WHEREAS the City of Dubuque, in Dubuque County, Iowa, did here- tofore establish a municipal water- works in and for said City which has been continuously operated by said City for many years, and the management and control of said utility is vested in the City Council of said City and no board of trustees exists for this purpose; and WHEREAS pursuant to a resolu- tion finally adopted by the City Council of said City on April 7, 1955, $1,500,000 Water Revenue Bonds, 1955 Series of said City have heretofore been issued, of which bonds in the amount of $1,200000 are now outstanding, dated May 1, 1955, bearing interest at the rate of Two and three -eights per cent (231%) per annum and maturing serially on December l of each of the years 1962 and 1974, inclusive, and pursuant to a resolu- tion finally adopted by the City Council of said City on February 4, 1957, $330,000 Water Revenue Bonds, Series 1956, of said City have heretofore been issued, of which bonds in the amount of $310,000 are now outstanding, dated December 1, 1956, bearing interest at the rate of Three and three -eights per cent (3%%) per annum and maturing serially on December 1 of each of the years 1962 to 1974, inclusive, and in and by said resolutiow, and as recited on the face of all bonds of each issue, the right was reserved to the City to from time to time authorize, issue and deliver under specified conditions additional wa- ter revenue bonds ranking on a parity with the bonds thereby auth- orized; and WHEREAS this Council has here- tofore determined it advisable and necessary that the City of Dubuque, Iowa, improve and extend the municipal waterworks by construct- ing two steel standpipes of approxi- mately 2,400,000 gallons capacity and 1,400,000 gallons capacity, respectively, together with neces- sary appurtenances, on pile founda- tions at the Asbury and Park Hill Adjourned Special Session, Octoher :'9, 1962 375 sites, and constructing a one-story concrete and masonry pumping sta- tion at the Park 11,11 site, includ- ing two horizontal centrifugal I pumping units, metering equip- ment, electrical, plumbing, heating and vo ntilating work, the estimated cost of which improvements and extensions aggregates $100,000. and under the provisions of Sec. tions 397.10 et scq. of Chapter 307 of the Code of Iowa, 1962, said City is authorized to issue negotiable interest baring revenue bonds for the purpose of defraying the cost of such improvements and ex- tensions, which bonds are to be paid from the net earnings of such waterworks and secured by a pledge of the property to be ac- quired with the proceeds from the sale thereof; and WHEREAS it is deemeri neces- sary and advisable that additional waterworks revenue bonds of said City be issued at this time, as hereinafter provided, so that such additional bondz will rank on a parity with the bonds now outstand- ing and a notice of the intention of this Council to take action for the issuance of said additional $400,000 Water Revenue Bonds, 1962 Series, of said City has here- tofore been duly published and no petition setting forth objections to such proposed action has been filed in the office of the City Clerk and no petition has been filed with the City Clerk or pre- sented to this Council asking that an election he called on the pro Position of issuing said bonds; NOW, THEREFORE, IIF It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section I. That for the purpose of defraying the cost of improve- ments and extensions to the mu- nicipal waterworks as referred to in the preamble hereof there be and there are hereby authorir.�-d to be issued the negotiable interest hearing revenue bonds of said Cit-,- of it;of Dubuque, in the principal amount of $400,(00, each of which shall be known and di-Agnated as a "Water Revenue Bond, 1962 Ser- ies," bearing date of October 1, 1962, of the denonunatiun of $1000 each, and bearing interest at thl- rate of two and eighty five hun- dreth per cent (2.85x) per annum, payable June 1, 1963, and semi- annually thereafter on the first days of December and June of each year from the date of said bonds until the principal is paid, except as the provisions hereinafter set forth with respect to prior redemp- tion may be and become applicable. Said bonds shall be numbered consecutively from 1 to 400, in- clusive. and shall mature in numer- ical order $15,000 on December 1 of each of the years 1963 to 1972, inclusive $20,000 on December 1 of each of the years 1973 and 1974, and $105,000 on December 1 of each of the years 1975 and 1976: provided, however, that bonds num- bered 151 to 400, inclusive, shall be redeemable by said City prior to maturity in whole, or from time to time in part of the inverse order of their numbering, on December 1, 1972, or on any interest payment date thereafter, upon terms of par and accrued interest to the re- demption date. Notice of any such redemption as aforesaid, identify- ing the bond or bonds to be re- deemed, shall be published at least once not less than thirty (30) days prior to such redemption date in a newspaper of general circulation throughout the State of Iowa. All of such bonds as to which said City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date. Both principal and interest of said bonds Fhall be payable in law- ful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. All of said bonds and the interest thereon shall rank on a parity with the presently outstanding Water Revenue Bonds, 1955 Series, and Water Revenue Bonds, Series 1956, referred to in the preamble hereof and with any additional bonds which may here• after be issued and outstanding from time to time on a parity therewith, and all of such bonds shall be payable solely from the bond and interest redemption sink, ing fund hereinafter referred to and shall be a validaai f the holder thereof only against 376 Adjourned Special Session, October 29, 1962 fund, and none of said bonds shall be a general obligation of said City nor payable in any manner by taxa- tion, and under no circumstances shall said City be in any manner liable by reason of the failure of the net earnings of the municipal waterworks to be sufficient for the payment in whole or in part of said bonds and interest thereon, but said bonds, together with the pres. ently outstanding bonds referred to in the preamble hereof nhere- additional bonds as may be after issued on a parity therewith, shall be payable, both as to prin- cipal and interest, solely and only from the future net earnings therefor said waterworks pledged as hereinafter provided. Seefion 2. That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE WATER REVENUE BOND 1962 SERIES Number ............ $1000 The City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, in the manner hereinafter specified, the sum of One Thousand Dollars ($1000) on the first day of December, 19........, with interest on said sum from the date hereof at the rate of ................ per cent (........%) per annum, pay- able June 1, 1963, and semiannual- ly thereafter on the first days of December and June in each year until said principal sum is paid, ex- cept as the provisions hereinafter set forth with respect to redemp- tion prior to maturity may be and become applicable hereto, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto at- tached as they severally become due; both principal and interest being payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond and the series of which it is a part are issued by said City pursuant to and in strict compliance with the provisions of Sections 397.10 et seq. of Chapter 397 of the Code of Iowa, 1962, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the City Council of said City duly pass- ed on the 29th day of October, 1962, to which resolution reference is hereby made for a more com- plete statement as to the source of payment of said bonds and the rights of the holders of said bonds. This bond is one of a series of bonds of like tenor and date (except maturity), numbered from 1 to 400, inclusive, issued for the purpose of defraying the cost of improving and extending the mu- nicipal waterworks in and for said City and is not a general obliga- tion of said City, but this bond and the series of which it forms a part, together with other bonds heretofore issued and outstanding and any additional bonds as may be hereafter issued and outstanding from time to time ranking on a parity therewith under the condi- tions set forth in the resolution authorizing said series as referred to in the preceding paragraph, are payable solely and only out of the future net earnings of said munici- pal waterworks, a sufficient por- tion of which earnings has been ordered set aside and is pledged for that purpose; and said improve- ments and extensions acquired from the proceeds of this series of bonds are pledged to the pay- ment of this bond and the series of which it is a part. This bond is not payable in any manner by taxation and under no circum- stances shall the City of Dubuque be in any manner liable by reason of the failure of the said net earn- ings to be sufficient for the pay- ment of this bond and the interest hereon. The City of Dubuque reserves the right to call and redeem bonds of this issue numbered 151 to 400, inclusive, prior to maturity in whole, or from time to time in part in the inverse order of their num. bering, on December 1, 1972, or on any interest payment date there- after, upon terms of par and ac- crued interest to such redemption date. Notice of any such redemP- tion as aforesaid, identifying the bond or bonds to be redeemed, shall be published at least once not Adjourned Special Session, October 29, 1962 377 less than thirty (30) days prior to such redemption date in a news- paper of general circulation throughout the State of Iowa. All of such bonds as to which said City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the re- demption of which funds are duly provided, shall cease to bear in- terest on the redemption date. And It Is Hereby Certified, Re- cited and Declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part have existed, have happened and have been per- formed in due time, form and man- ner as required by law, and that the issuance of this bond does not exceed or violate any consti- tutional or statutory limitation or provision. IN TESTIMONY WHEREOF, said City of Dubuque, by its City Coun- cil, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of the City Clerk, which official by the execution of this bond does adopt as and for his own proper signa- ture his facsimile signature ap- pearing on said coupons, this first day of October, 1962. .......................................................... Mayor of the City of Dubuque, Iowa Attest: ........................................................ City Clerk of the City of Dubuque, Iowa (Form of Coupon) No......... $............... The Treasurer of the City of Dubuque, Iowa, will pay to bearer out of the future earnings of its municipal waterworks ...................... Dollars($............) on ........................ 1g•......, at the office of the City Treasurer, Dubuque, Iowa, as pro- vided in and for semiannual inter- est then due on its Water Revenue Bond, 1962 Series, dated October 1, 1962, No .................. ....................................................... City Clerk There shall also be printed in bold face type across the face of each of said bonds the following provision: "This bond is not a general obligation bond nor payable in any manner by taxation, but is payable only from the net earnings of the municipal waterworks of the City of Du- buque, Iowa." On the back of each bond there shall be printed the certificate of the City Treasurer in the follow- ing form: "The issuance of this bond has been duly and properly registered in my office as of the first day of October, 1962. .......................................................... Treasurer of the City of Dubuque, Iowa." Section 3. That said bonds shall be signed by the Mayor and at- tested by the City Clerk of said City, with the seal of the City af- fixed, and the interest coupons at- tached thereto shall be executed by said City Clerk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and for his own proper signature his facsimile signature appearing on such coupons. When and as executed said bonds shall be delivered to the City Treasurer to be by him duly registered as to issuance as provided by law, and said Treasurer shall sign the cer- tificate hereinbefore set out in Section 2 and endorsed upon the back of each of said bonds and de. liver said bonds to the purchaser thereof, upon payment of the pur- chase price, same being at least par and accrued interest, and all action heretofore taken in Con- nection with the sale and award of said bonds is hereby ratified and confirmed in all respects. The proceeds received by the sale of said bonds, exclusive of accrued in. terest, shall be applied to defray- ing the cost of the improvements and extensions to the municipal waterworks of said City as referred to in the preamble hereof. Any unexpended balance of the pro- ceeds of the bonds hereby author. ized remaining after the comple- tion of said improvements and ex. tensions shall, at the time of such 378 .Adjourned Special Session, October 29, 1 162 completion, be converted into the "Water Revenue Bond Sinking Fund," hereinafter provided for. All accrued interest as may be re- ceived from the sale of the bonds hereby authorized shall be con- verted into said "Water Revenue Bond Sinking Fund". Section 4. That so long as any of said bonds or any other bonds ranking on a party therewith are outstanding said municipal water- works shall continue to be oper- ated as a revenue producing under- taking. The rates charged by the City of Dubuque, Iowa, to custom- ers of the municipal waterworks, including the municipality, shall be such reasonable rates within the following maximum rates as will be sufficient to pay for the operation and maintenance of said plant and system, the principal of and interest on the presently out- standing bonds referred to in the preamble hereof and the principal of and interest on the bonds herein authorized. The maximum rates that need be charged for services rendered by said waterworks are hereby determined to be as fol- lows: BI -MONTHLY RATES First 600 cubic feet bi-monthly at $6.00 Next 1,400 cubic feet bi-monthly at .72 per 100 cubic feet Next 2,000 cubic feet bi-monthly at .60 per 100 cubic feet Next 2,000 cubic feet bi-monthly at .50 per 100 cubic feet Next 24,000 cubic feet bi-monthly at .40 per 100 cubic feet Next 70,000 cubic feet bimonth- ly at .36 per 100 cubic feet Next 100,000 cubic feet bimonth- ly at .32 per 100 cubic feet Balance at .24 per 100 cubic feet The minimum bi-monthly charge according to size of meters shall be as follows: %"-$6.00-Allowance 600 Cu. Ft. '/4"-$10.00 - Allowance 1,100 Cu. Ft. 1" -$16.00 -Allowance 1,900 Cu. Ft. 1114"-$24.00 -- Allowance 3,300 Cu. Ft. 1t'!" $30.00 -Allowance 4,300 Cu. Ft. Ft. 2" -$50.00 -Allowance 8,900 Cu. , MONTHLY RATES First 300 cubic feet per month at $3.00 Next 700 cubic feet per month at .72 per 100 cubic feet Next 1,000 cubic feet per month at .60 per 100 cubic feet Next 1,000 cubic feet per month at .50 per 100 cubic feet Next 12.000 cubic feet per month at .40 per 100 cubic feet Next 35.000 cubic feet per month at .36 per 100 cubic feet Next 50,000 cubic feet per month at .32 per 100 cubic feet Balance at .24 per 100 cubic feet The minimum monthly charge according to size of meters shall be as follows: %"....................................$ 3.00 3/4" .................................... 5.00 1 .................................... 8.00 1V4" .................................... 12.00 1% .................................... 15.00 2 ".................................... 25.00 3 .................................... 50.00 4 .................................... 75.00 6 .................................... 150.00 For users outside the city limits, an additional charge equal to 25% of the above rates shall be made. Section S. That the provisions, covenants, undertakings and stipu- lations for the operation of the municipal waterworks of said City and for the collection, application and use of the revenues and in- come from such operation, as set. forth in the resolution adopted by the City Council of said City on April 7, 1955, and pursuant to which the outstanding Water Rev- enue Bonds, 1955 Series, of said City were issued and as set forth in the resolution adopted by the City Council of said City on Febru- ary 4, 1957, and pursuant to which the outstanding Water Revenue Bonds, Series 1956, of said City were issued shall inure and apper- tain to the bonds hereby author- ized to the same extent and with like force and effect as if herein set out in full, except only in so far as same may be inconsistent with this resolution. The provisions in and by said resolutions where- by there has been created and is to be maintained a "Water Reven- ue Bond Sinking Fund" and for the monthly payment into said fund from the future net earnings of said works of such portion thereof Adjourned Special Session, October 29, 1962 379 as will be sufficient to pay the in- terest upon and principal of the outstanding Water Revenue Bonds, 1955 Series, and Water Revenue Bonds, Series 1956, and to main- tain a reserve therefor, are all hereby ratified and confirmed, and all such provisions shall insure and constitute the security for the pay- ment of the interest on and the principal of the Water Revenue Bonds, 1962 Series, hereby author- ized as may from time to time be outstanding; provided, however, that the am!iunts to be annually set aside and paid into said Water Revenue Bond Sinking Fund in equal monthly installments shall be sufficient to pay the interest and principal due in each year, not only of the bonds issued and out- standing under the provisions of said resolutions adopted April 7, 1955, and February 4, 1957, but also the interest on and principal of the Water Revenue Bonds, 1962 Series, issued pursuant to this resolution and from time to time outstanding and to maintain a reserve therefor. In addition to the payments required to be made into said Water Revenue Bond Sinking Fund under the provisions of Sec- tion 5 of said resolution adopted April 7, 1955, and Section 5 of said resolution adopted February 4, 1957, and in order to pay matur- ing installments of principal of and interest on said Water Revenue Bonds, 1962 Series, and to main- tain a reserve therefor, it is hereby determined that additional pay- ments shall be made each month into said Water Revenue Bond Sinking Fund from the net earn- ings of the municipal waterworks for such purpose and that the mini- mum amount to be so set aside into said sinking fund during the periods of twelve months preced- ing December 1 of each year for additional 1962 bonds shall be not less than as follows: A sum equal to 100% of the principal of all said Water Rev- enue Bonds, 1962 Series, matur- ing on the December 1 next suc- ceeding, plus a sum equal to 100% of the interest becoming due on and prior to December 1 next succeeding on all of said Water Revenue Bonds, 1962 Ser- ies, then outstanding; provided, that until there has been ac- cumulated in such Sinking Fund as a reserve an amount equal to interest for two years on said Water Revenue Bonds, 1962 Ser - ie. then outstanding, the amounts to be so set apart and Paid shall be 110% of the amount computed and determined as aforesaid; and provided also that no further Payments need be made into said Water Revenue Bond Sinking when and so long as the amount therein is suf- ficient to retire all of the then outstanding revenue bonds and the interest to become due thereon prior to such retire- ment. None of the funds hereinbefore required to be paid into said "Water Revenue Bond Sinking Mind" shall be used for the pur- Pose of calling and redeeming bonds prior to maturity. If and to whatever extent any additional bonds are hereafter issued by said City ranking on a parity with the outstanding bonds referred to in the preamble hereof and the bonds herein authorized to be issued as permitted and provided for in Section 9 hereof, provision shall be made for additional payments to be made each month into said Water Revenue Bond Sinking Fund from the netearnings of the water- works sufficient to pay maturing installments of principal of and interest on said additional bonds and to accumulate and maintain a reasonable reserve therefor. Stich payments into said Water Revenue Bond Sinking Fund shall be made in equal monthly install- ments on the first day of each month, except that when the first day of any month shall be a Sun- day or a legal holiday, then such payments shall be made on the next succeeding secular day. Such Water Revenue Bond Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying the interest on and prin- cipal of said bonds. If at any time there be a failure: to pay into said fund the full amount above stipu- lated, then an amount equivalent to the deficiency shall be paid into said fund from the net earnings of said municipal waterworks as soon as available and same shall 380 Adjourned Special Session, October 29, 1082 be in addition to the amount other- wise required to be so set apart and paid into said fund. After paying operating and maintenance expenses and making the required payments into the Water Revenue Bond Sinking Fund as provided in Section 5 of said resolutions adoptedand February 4, 1957, and as here- inbefore provided, out of the re- maining net earnings of the waterworks which are not pledged for the payment of principal of and interest on additional bonds hereafter issued by the City for waterworks purposes or which are not used to call and redeem water. works bonds prior to be maturity, aside sum of $5000set each month into a Depreciation Fund. All funds at any time on deposit in said Depreciation Fund may be expended from time to time to pay the cost of renewals and replacements to said water. works and any balances therein not required for such renewals and replacements may be expended to pay the cost of improvements and extensions to the waterworks. Any balance of the net earnings in ex• cess of the payments heretofore and hereinbefore specified to be made into said Water Revenue Bond Sinking Fund and into said Depreciation Fund may be mad( available to the City as the City Council may from time to tim( direct. Section 6. That the provisions of Section 9 of said resolutiot adopted April 7, 1955, and of Sec tion 9 of said resolution adopte( February 4, 1957, with respect G the issuance of additional wate: revenue bonds ranking on a parit; with the bonds thereby authorizes are hereby recognized. It is here by found and declared that th officially reported net revenues o the municipal waterworks of sail City for the last calendar or fisca year are equal to at least one an one-fourth times the total of (l the maximum amount of prinelp( and interest that will become du in any calendar year on the bond now outstanding and (2) the ma: imum amount of principal an interest falling due in any cale) dar year prior to the last year i which any of said outsanding bond lature on the additional bonds ereinbefore authorized and pro- osed to be issued. Section 7. That the City of Du- uque hereby covenants and agrees ith the holder or holders of said ponds, or any of them that may rom time to time be outstanding, hat it will faithfully and punc- ually perform all duties with Iference to the municipal water- %,orks required and provided by he Constitution and laws of the Mate of Iowa, that it will segre- gate the revenues of said works wd make application thereof in (ccordance with the provisions of ,his resolution, and that it will not ;ell, lease or in any manner dis- pose of said waterworks, including any and all extensions and addi- tions that may be made thereto, until all the bonds herein auth- orized shall have been paid in full, both principal and interest, or unless and until provisions shall have been made for the pay- ment of said bonds and interest thereon in full. Section $. That for the further protection of the holders of the bonds herein authorized to be issued and the coupons thereto attached a lien is hereby recog- nized and declared to be valid and binding upon the improvements and extension to the waterworks acquired with the proceeds of the bonds hereby authorized, which lien shall take effect immediately upon the delivery of any of said bonds. In the event of a default in any of the terms of this resolu- tion, said lien may be enforced and foreclosed for the use and benefit of all of said bonds then outstanding in the manner pro- vided by the laws of the State of Iowa for the enforcement and foreclosure of chattel mortgages and it is hereby specifically agreed with each holder of any of said bonds that the improvements and extensions acquired through the issuance of the revenue bonds hereby authorized shall be and remain chattels and never be re- garded as fixtures or become a part of the real estate upon which located, even though attached thereto. The City Clerk is hereby authorized and directed to file a certified copy of this resolution Adjourned Special Session, October 29, 1982 381 in the office of the County Re- to and the bonds herein authorbw corder of Dubuque County and then outstanding and (2) the max. cause the same to be there duly imum amount of principal and in. recorded for the purpose of evi- terest falling due in any calendar dencing such lien and giving notice year prior to the last year in of the record thereof. which any of said outstanding Water Revenue Bonds, 1955 Series, Section 9. The bonds hereby or Water Revenue Bonds, Series authorized and from time to time 1958, or bonds issued pursuant to outstanding shall not be entitled this resolution mature on the ad. to priority or preference one over ditional bonds then proposed to the other. in the application of be issued, and provided also that the net earnings of said municipal the interest payment dates for any waterworks or with respect to the such additional bonds shall be pledge of the property securing semiannually on June 1 and De. their payment. regardless of the cember 1 of each year, and the time or times of the issuance of principal maturities of such addi- such bonds, it being the intention tional bonds shall be on December that there shall be no priority 1 of any year in which any of among the bonds authorized to be such principal is scheduled to be - issued under this resolution re. come due. gardless of the fact that they may have been actually issued and The term "net revenues" is de - delivered at different times. Any fined as gross revenues, less op - other bonds or obligations here- erating expenses which shall in - after issued or incurred which are elude salaries, wages, cost of main - payable from the net revenues of tenance and operation, materials said municipal waterworks plant and supplies, pumping costs, and and system shall be subject to the insurance, as well as all other priority of any of the Water Rev- items as are normally included enue Bonds. 1955 Series, an d under recognized accounting prac- Water Revenue Bonds, Series 1956, tices, but shall not include allow - referred to in the preamble here- ances for depreciation in the value of which are then outstanding and of physical properties. to the priority of the bonds then outstanding under the provisions of this resolution: provided, how- ever, that said City of Dubuque hereby reserves the right and priv- ilege of issuing additional bonds from time to time payable from the same source and ranking on a parity with the Water Revenue Bonds, 1955 Series, and the Water Revenue Bonds, Series 1958, here- inbefore referred to and on a parity with the bonds herein auth- orized or permitted to be issued as may be then outstanding, in order to pay the cost of future improve- ments and extensions to said waterworks, but only if the offi- cially reported net revenues of said waterworks for the last pre- ceding calendar or fiscal year Prior to the issuance of such ad- ditional bonds was equal to at least one and one-fourth times the total of (1) the maximum amount of principal and interest that will become due in any calendar year on the Water Revenue Bonds, 1955 Series, and Water Revenue Bonds, Series 1956, hereinbefore referred Section 10. The City of Dubuque agrees that so long as any of the bonds hereby authorized remain outstanding it will maintain insur- ance for the benefit of the hold• ers of the bonds issued hereunder of a kind and in an amount which usually would be carried by pri- vate companies engaged in a Sim- ilar type of business, that it will keep proper books of record and account, separate from all other records and accounts, showing complete and correct entries of all transactions relating to said waterworks, and that the holders of any of said bonds shall have the right at all reasonable times to inspect the system and all records, accounts and data of the Paid City gthatittwill"within further agree- sixty days following the close of each calendar year cause an audit of such books certified and accounts publ co be made ac- countant not in the regular employ of the City showing the receipts and disbursements or account of the waterworks and dthat copies of 382 Adjourned Special Session, October 29, 1962 such audit will be forwarded to holders of any of the bovids then outstanding upon request. All ex- penses incurred in the making of the audits required by this Section shall be regarded as a mainten. ance and operation expense. Soetion 11. The provisions of this resolution shall constitute a contract between the City of Du- buque and the holders of the bonds herein authorized to be issued as may from time to time be out- standing and after the issuance of any of said bonds, no change, variation or alteration of any kind of the provisions of this resolu- tion shall be made until all of said bonds issued hereunder and interest thereon shall have been paid in full. Section 12. If any section, para- graph, clause or provision of this resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this resolution shall become effective immediately upon its passage and approval. Section 13. That all resolutions or orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved October 29, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Recorded October 29th, 1962. LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Takos moved that the Mayor be authorized to accept and sign the bid of Mullaney, Wells & Company as quoted. See- onded by Councilman Kean. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Takos moved that the Treasurer be authorized to return the certified bid checks to the unsuccessful bidders. Seconded by Councilman Schreiber. Carried by the following vote - Yens --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. October 24, 1962 To The Honorable Mayor And City Council Gentlemen: The petition of Hillcrest Build- ers, Inc. requesting installation of street lights in Key Knolls Sub- division was referred to the City Manager and electrical inspector for investigation. It is therefore recommended that street lights be installed in the following locations: 1. On easement between Lot 11 and Lot 12, Block 5 Sharon Drive. 2. On easement between Lot 2 and 3, Block 6, Keymont Drive. 3. On easement between Lot 6 and 7, Block 6, Keymont Drive. 4. On easement between Lot 10 and 11, Block 6, Keymont Drive. These lights to be 4000 lumen incandescent. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. October 24, 1962 To The honorable Mayor And City Council Gentlemen: I herewith submit the reports of the City Auditor, City Health Department and City Water Works for the month of September, 1962, as well as a list of claims and payrolls for which warrants were Adjourned Spacial Session, October 29, 1962 383 issued for the month of Septem- ber, 1962. Respectfully, j Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. October 29. 1962 To The Honorable Mayor And City Council Gentlemen: It is recommended that 2 four thousand lumen street lights be erected on the west fork of North Grandview Avenue, southerly of Kaufmann Avenue. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays– None. October 26, 1962 To The Honorable Mayor And City Council Gentlemen: I am returning to you the peti- tion of John 1I. Kraus for water service to his lot, Lot 99 O'Neill Riverview. I recommended that the peti- tion be withdrawn in that Kraus is not in a position to construct the necessary water line extension at this time. Mr. Bandy's letter of explana. tion, dated October 25th, is at- tached. Respectfully, Gilbert D. Chanvenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved and that Mr. Bandy's letter be received and f i l e d. Seconded by Councilman Schreiber. carried by the follow- ing vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Ways—None. October 26, 1962 To The Honorable Mayor And City Council Gentlemen: The petition of National Tea Co. submitted by Kenline. Reynolds, Roedell and Breitbach attorneys, requesting vacation of portion of Hceb Street has been considered by the Planning and Zoning Com- mission. The Commission can see no public need for this portion of Heeb Street and recommends va- cation of same. Easement for existing storm seiner should be retained. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY Secretary Councilman Schreiber moved that the communication be re- frrred to the City Solicitor for proper proceedings. Seconded by Councilman Takos. Carried by the following vote: yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Rita F. Knock - el next best friend of John Randy Knockel, in an un -named amount, for personal injuries received as the results of a fall on a defective sidewalk at 1895 University Ave. nue on September 10, 1962, pre- sented and read. Councilman Takos moved that the notice of claim be for referred to the City Solicitor investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor K e a ller,S erCouncil. men Horgan, Takos. Nays—None. ORDINANCE NO. 55.62 An Ordinance vacating a por- tion of alley in Mechanic's Addition hereafter to be known and designated as Lot 160 in Mechanic's Addition, presented and read. 384 Adjourned Special Session, October 29, 1962 Councilman Schreiber m o v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Schreiber m o v e d that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. (OFFICIAL PUBLICATION) ORDINANCE NO. 1ib-62 WHEREAS, petition has hereto- fore been filed for the vacation of a portion of an alley in Mechan- ic's Addition; and WHEREAS, the Planning an d zoning Commission in writing has approved the vacation of said al- ley; and WHEREAS. Bald portion of alley located In Mechanic's Addition, hereafter platted and to be known and designated as Lot 160 In Mechanic's Ad- dition In the City of Du- buque, Iowa serves no public purpose. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF DUBUQUE, IOWA: Section 1. That the portion of alley in Mechanic's Addition here- after to be known and designated as Lot 160 in Mechanic's Addition be and the same is hereby vacated as a public alley. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute the Plat of said Lot 160 In Mechanic's Addition in the City of Dubuque, Iowa, and cause same to be recorded In the office of the County Recorder in and for Du- buque County, Iowa. Section 3. That the City Clerk be andhe is hereby directed to file a certified copy of this Or- dinance In the office of the Du- buque County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 89th day of October, 1962. Louln Schaller, Mayor John P. Schreiber, Peter J. Takos James J. Kean Robert J. Horgan Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in The Tele. graph -Herald new"Isal,er this 2nd day of November, 1 62. LEO F. FROMMELT 1t. 11/8 City Clerk Councilman Schreiber m o v e d the adoption of the Ordinance. Sec. onded by Councilman Takos. Car. rigid by the following vote: Yeas—:Mayor Schaller, Council. men Morgan, K e a n, Schreiber, Takos. Nays—None. The Council was informed that an abutting property owner was interested in the purchase of Lot 160 in Mechanic's Addition. Coun. cilman Takos moved that the in. terested party Fhould make an offer and the City Manager ne- gotiate. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of C o at e s Insurance Agency praying for relief of lia- bility in the heating bonds of Alex Bodish & Son, Geisler Brothers, Sears Roebuck & Co. as this type of bond is no longer required, presented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor. Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan,' K e an, Schreiber, Takos. Nays—None. Petition of Mettel Realty & In- vestment Co. requesting an exten- sion of time for the construction of s i d e w a l k s in Mettel-Brooks Addn. presented and read. Coun- cilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of John Comer et al requesting rezoning on the west side of Rhomberg Avenue from 1211 to 1227 to Local Business District "A" presented and read. Councilman Takos moved that the Petition be referred to the Plan- ning & Zoning Commission for in- vestigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Mor. -an, Kean, Schreiber, Takos. Nays—None. Adjourned Special Session, October 29. 1962 385 Petition of Hazel Stoltz Essling- er et al requesting rezoning of the Ely. 70' of the Wly 80' of Lot 376 and the Ely 80' of Wly 90' of Lot 375 in Davis Farm Addition To Local Business District "A" class- ification, presented and read. Mayor Schaller moved that the petition be referred to the Plan- ning & Zoning Commission for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 226.62 WHEREAS, the electors of the City of Dubuque, Iowa, at a spec- ial election, voted in favor of the creation of a municipal court; and WHEREAS, the location of the said municipal court has been thoroughly investigated and ex- amined by the City Council of Dubuque, Iowa: and WHEREAS, it appears that the best interests of the City of Du. buque and the administration of said municipal court would be served by locating same in the seventh (7th) floor of the Fischer Realty Company; and WHEREAS, City Council has ex- amined the form of lease to be executed by the City of Dubuque, Iowa and Fischer Realty Co. and approves the terms and conditions set forth therein, a copy of which lease is hereto attached. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the form of lease to be entered into by and between the City of Dubuque and Fischer Realty Co. for a term of five (5) years commencing Janu- ary 1, 1963 at a monthly rental Of Eight Hundred and Fifty ($850.- 00) Dollars, copy of which lease is hereto attached and marked Exhibit "A" and by reference made a part hereof, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said lease on behalf of the City of Dubuque, Iowa. Passed. adopted and approved this 29th day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN Councilmen Attest: LEO F. FROMMF.LT City Clerk Mavor Schaller moved the adop. tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Kean, Schreiber, Takos. Nays—Councilman Horgan. October 25, 1962 The Honorable Mayor And City Council Gentlemen: This is to advise you that the City of Dubuque 1962 Concrete Paving Project No. 1 has been completed in accordance with the City of Dubuque plans and spec- ifications. I. therefore, recommend the ac- ceptance of the above named proj- ect. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, '1'akos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 227.62 WHEREAS, the contract for the City of Dubuque 1962 Concrete Paving Project No. 1 with integral curb 1. Fourteenth Street and Loras Boulevard from the west property line of White Street to the west property line of Locust St. 2. Fourth Street from the west property line of White Street to 3SIS Adjourned Special Session, October 29, 1962 the east property line of. Bluff Street. 3. .lames Street from the south property line of Third Street to the north property line of Wooten Street. has been completed and the City Engineer has submitted his final estimate showing the cost there. of including the cost of estimates, notices, inspection, and preparing the assesment and plat, now there. fore, BE IT RESOLVED, by the City Council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $103,947,02. That $72,304.26 of the cost thereof shall be assessable upon private property and $31,642.76 shall be paid from the 135-J-1 Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 29th day of October 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Naays—None. RESOLUTION NO. 228.62 A RESOLUTION ACCEPTING IMPROVEMENT AND DIRECTING THE CLERK TO PUBLISH NO- TICE WHEREAS, the contract for the City of Dubuque 1962 Concrete Paving with Intergral Curb Pro- ject No, 1. I. Fourteenth Street and Loras Boulevard from the west property line of White Srteet to the west property line of Locust St. 2. Fourth Street from the west property line of White Street to the east property line of Bluff Street. 3. James Street from the south property line of Third Street to the north property line of Wooten Street 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 con. tract, 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 Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is here- by directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therfor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained Percentage provided for thorein. Passed, adopted and approved this 29th day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Adjourned Special Session, October 29, 1962 387 October 26, 1962 To the lIonorable Mayor and City Council Gentlemen: The Tressa-Dinsney Street Storm Sewer has been completed in ac- cordance with the plans and spec- ifications by the Saffran Construc- tion Company of Dubuque, Iowa. I recommend the acceptance of the improvement. Gilbert D. Chavenelle City Manager Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 229.62 WHEREAS, the contract for the construction of a fifteen inch (15") storm sewer extension be- ginning at the existing storm sewer at the easterly end of Tressa Street, thence southeast- erly 265 feet: and a twelve inch (12") storm sewer draining River Ridge southerly 175 feet: both ex- tensions converging at a common Point in Lot No. 26 of the sub- division of Mineral Lot 39. has been completed and the City Engineer has submitted his final estimate showing the cost there- of. BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said Improve- ment is hereby determined to be $4,626.30. That $4,626.30 of the cost there Of shall be paid from the Sanita- tion -Municipal Improvement Fund Of the City of Dubuque. Passed, adopted and approved this 29th day of October 1962. LOUIS SCI ALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Councilman Schreiber moved the adoption of the resolution. Seconded by Councilran Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 230.62 A RESOLUTION ACCEPTING IMPROVEMENT WHEREAS, the contract for the construction of a fifteen inch (1511) storm sewer extension be- ginning at the existing storm sew- er at the easterly end of Tressa Street, thence southeasterly 265 feet: and a twelve inch (12") storm sewer draining River Ridge south- erly 175 feet: both extensions con- verging at a common point in Lot 26 of the subdivision of Mineral Lot 39. 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 spec- ifications and recommends its ao- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque that the recommendation of the City Managers 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 contractor from the funds of Sanitation Fund - Municipal Im- provement. Passed, adopted and approved this 29th day of October, 1962. LOUIS SCHAILER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas.—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. 388 Adjourned Special Session, October 29, 1962 RESOLUTION NO. 231.64 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 cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Lucille Hough, 1643 Central Ave- nue BE IT FURTHER RESOLVED that the bond filed with the ap- lication be approved. Passed, adopted and approved this 29th day of October, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber m o v e d the adoption of the resolution. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. There being no further business Councilman Horgan moved to ad- journ. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Februa Approved .................. �?.. x...1963. Adopted ......ameba ........rur.......1...1963. Attest: ......... 1..r.......� T.....,...... , ty Clerk l;e�ular Session, November 5, 1962 Board of Health OFFICIAL Regular Session, November 5, 1962. Board met at 7:25 P. M. C. S. T. Present—Chairman Mr. I, o u i s j Schaller, Messrs. Robert J. Hor. s gan, James J. K e a n, John P. Schreiber, Peter ,1. Takos. Dr. A. J. Entringer. There being no business Mr. John P. Schreiber moved that the Board of Health meeting be ad- journed. Seconded by Mr. Peter J. Takos. Carried by the following vote: Chairman Louis Schaller, Messrs. Robert ,1. Horgan, James J. Kean, John P. Schreiber, Peter J. Takos. Nays—None. LEO F. FROMMELT Clerk Board of Health Approved ....March 11, 1963 ................................ Adopted March l:, 1963 j ,. 1 Members of 1... Rd. of ,....... ........................ Clerk Board of Health. 389 390 Regular Session, November 5, 1962 CITY COUNCIL OFFICIAL Regular Session, November 5, 1962. Council met at 7:30 P. M. C. S. T. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meeting is the regular monthly meeting called for the purpose of acting upon such business as may properly come before the meet- ing. November 5, 1962 To the Honorable Mayor and City Council Gentlemen: It was the intention of your staff to pave Peabody Street and have it used as a parking lot. The work was to be done at the same time as Dodge Street paving. The cost of the work was estimated at approximately $2200. The lot was laid out so that about 15 cars could be parked on it. The intent was to provide some off street parking relief to residents living in the no street parking zone along Dodge. The use of Peabody Street as a parking lot, however, was ser- iously objected to by abutters, although it was pointed out that access to rear lots would be main- tained and that the parking would be arranged to prevent encroach- ment on private property. The objection was presented that a right of way dedicated for street purposes could not be used as a parking lot. This point was presented to the City Attorney on the basis that if construction of the parking lot were under- taken an unjunction would be sought against the City to prevent it. Since the City Attorney has ad- vised me that our legal position is not certain, and since there has been strong objection to the parking proposal, I have instruct- ed that the parking lot proposal be discontinued. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Schreiber m o v e d that the recommendation of the City Manager be approved. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. November 1, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of S. D. Hunter, et al, requesting installation of a street light on the corner of Prysi and New Haven Streets was re- ferred to the City Manager and Electrical Inspector for investi- gation. It is therefore recommended that a 4000 lumen street light be installed at the corner of Prysi and New Haven Streets. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. November 5, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policy and desire to have your approval for filing, subject to the approval of the City Solicitor: SIDEWALK John Lasche, Bond No. 614997-10, The Ohio Casualty Ins. Co. EXCAVATION Ed. Schmitz, d/b/a Smitty's Ex- cavating Service, Policy No. CL 2687944, Continental Casualty Co. TELEVISION CABLE H & B Conununications Corp., Bond No. N-3476575, Hartford Accident & Indemnity Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Regular Session, November 5, 1982 391 Councilman Schreiber m o v e d that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council. men Horgan, K e a n, Schreiber. Takos. Nays --None. Communication of Fred C. Kue- per, submitting an offer of pur- chase, in the amount of $10.00, plus publication costs of a por- tion of alley in Mechanics Addn. now platted as Lot 160 Mechanic's Addn in the City of Dubuque. Iowa. presented and read. Coun- cilman Schreiber moved that the offer be accepted and referred to the City Clerk and City Solici- tor for proper proceedings. Sec. onded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council men Horgan. K e a n, Schreiber. Takos. Nays—None. November 5, 1962 Honorable Mayor and City Council, Gentlemen: On October 8, 1962 my report dated October 2, 1962 concerning the platting of Wiegand Suhdivi- sion was referred back to this office, and I beg to advise that on October 15, 1962 1 wrote the attorney for the subdivider, a COPY of which letter is attached hereto. Since that time 1 have heard nothing further and therefore rec- ommend that nothing further be done on the subdivider's plat until such time as special assessments against said real estate are paid, and corrected attorney's certifi- cate attached to said plat. Respectfully submitted, R. N. Russo City Attorney Councilman Kean moved that the recommendation of the City Attorney he approved. Seconded by Councilman Takos, Carried by the following vote: Yeas --Mayor Schaller. Council men Horgan, K e a n, Schreiber, Takos. Nays—None. October 31, 19132 Honorable Mayor and City council, City Hall, Gentlemen: At the last regular monthly meeting of the City Council, Mr. and Mrs. Ervin Denlinger and their son. Richard L. Denlinger, appeared before the Council re- garding their respective claims for damages as a result of the operations of Hennesey Brothers, general contractors, installing the Kaufmann Avenue storm sew(r. The basis of their complaint was that their respective claims for damages had been ignored by Hennesey Brothers. At that time your City Attorney gave you an oral report on the status of the respective claims at which time your City Attorney advised you that nothing further could be done on behalf of the said Denlingers. At said meeting your City At- torney advised your Honorable Body that he would make one more effort by writing Hennesey Bros. regarding the claims of the Denlingers. Attached hereto is the letter dated October 30, 1962, from the Hartford Fire Insurance Company Group wherein they state that they have paid the claim of Richard L. Denlinger, but do not intend to pay the claim of Mr. and Mrs. Ervin Denlinger. In view of the foregoing it is the position of the City Attorney that the file should be closed on this matter as the City can do nothing further on behalf of Mr. and Mrs. Ervin Denlinger and that they must seek their remedies through other channels available to them. Respectfully submitted, City Attorney R. N. Russo Councilman Takos moved that the report by the City Attorney be approved and the file on the Denlingers be closed. Seconded by :Mayor Schaller. Carried by the following vote. Yeas ---Mayor Schaller, Council. men Horgan, Kean, Schreiber, 'rakos. Nays—None. 392 Regular Session, November 5, 1962 November 5, 1962 Hon. Mayor and City Council, City Hall, Gentlemen: On May 7, 1962 the communica- tion of your City Manager re- garding the execution of an agree- ment by and between Illinois Cen. tral Railroad and City of Dubu. que, Iowa covering the construc- tion and maintenance of a ten. inch cast iron water main under the tracks of the Illinois Central Railroad at Fremont Avenue was referred to this office. I made an investigation of this matter and determined that the rights of the City in and to the Railroad right of way were such as would not warrant the City executing the proposed agreement by and between the Railroad Co. and the City. This matter has been adjusted by and between the Water De- partment of the City of Dubuque and the Railroad Company with- out the necessity of executing the formal written agreement sub- mitted by the Company. It is my understanding that thr Water Department has already in- stalled the water main under th- railroad tracks at Fremont Ave- nue and therefore there is no need for the City to execute the proposed written agreement cov- ering same between the Railroad Co. and the City of Dubuque, which agreement and letter of April 19, 1962 from Illinois Cen- tral Railroad to our City Mana- ger and letter of May 3, 1962 by Your City Manager to the City Council are herewith attached. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of U. S. Army Engineer District Rock Island, submitting an agreement between the City and the U. S. Govern. ment to post fallout shelter signs on Buildings with City employees, under the supervision of the Corps of Engineers, presented and read. Councilman Kean moved approval of the agreement and authorized the Mayor to sign same. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber. Takos. Nays—None. Notice of claim of Patrick J. Treon, in the amount of $29.00, for car damage as the result of striking a defect in Dodge street while under construction on Oc. tober 9, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. ORDINANCE No. 56-62 An Ordinance vacating that por- tion of Heeb Street abutting the property of the National Tea Co. subject to perpetual storm sewer easement, presented and read. Some discussion arose as to li- ability involved and Councilman Takos moved that the Ordinance be referred for further study to the City Manager and Engineer- ing Department. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Clarence H. Suman, physically handicapped, request- ing permission to sharpen knives and scissors in the City, without license, presented and read. Coun. cilman Takos moved that the peti- tion be approved subject to auth- orization by the City Manager. Seconded by Councilman Schreib- er. Carried by the following vote. Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Walter Strandberg et al requesting cost of construe* Regular Session, November 5, 1962 393 tint; a sewer to service Thomas Place between Ann and Ascension streets, presented and read coun- cilman Schreiber moved that the petition be referred to the City Manager and Engineering Depart- ment. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Milton E. Chapman, requesting a refund of $150. on the unexpired portion of Class "B" beer permit No. 101 as he has discontinued business on Oc- tober 31, 1962, presented and read. Councilman Schreiber moved that the petition be granted and the Auditor instructed to issue a warrant payable to Milton E Chapman, in the amount of 8150 to cover the amount due on the unexpired portion of beer license No. 101. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Nays—None. Petition of Millon E. Chapman, requesting a refund of $50. on the unexpired portion of cigarette license No. 22, as he has discon- tinued business on October 31. 1962, presented and read. Coun- cilman Schreiber moved that the Petition be granted and the Aud. itor instructed to issue a warrant Payable to Milton E. Chapman, in the amount of $50. to cover the amount due on the unexpired por- tion of cigarette license No. 22. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proofs of Publication, certified to by the Publishers, Telegraph Herald and Dubuque Leader, of Notice of Levy of Special Assess- ments and Intention of the City Council to issue bonds for the construction of City of Dubuque 1962 Bituminous concrete Sur- facing Project No. I on the fol- lowing portions of the following named Streets, ('aledonia, W. 5th, Alta Place, Adair, Irving, Prim- rose, Davenport, Cottage Place, Sabula, VanBuren, Brown, Bev. erly, McPoland, Mineral, Douglas, Cornell, Catherine Prysi, Shelby, St. Joseph, Blake, Cannon, Laurel, Shiras, McClain, presented and read. Councilman Takos moved that the proofs of pubileation be received and filed. Seconded by Councilman Schreiber. Carried by the following vote. Yeas --Mayor Schaller, Council- men Horgan. Kean, Schreiber, Takos. Nays—None. Communication of Mrs. Chris- tine Friedlein objecting to the paving assessment of Brown and Van Buren streets because her property does not abut the improve- ment presented and read. Coun- cilman Takos moved that the com- munication be received and filed. Seconded by Councilman Schreib- er. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of Paul L. & Lorraine Gearheart objecting to the amount of assessment for the paving of Sabula Street, presented and read. Councilman Takos moved that the communication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of Louis M. Holz suggesting that the curbing be inspected on Laurel Street which he claims has been damaged by the paving contractor, presented and read. Councilman Takos moved that the communication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of Mrs. George Schlosser objecting to the amount of assessment on lots on Cornell Street, presented and read. Coun. cilman Takos moved that the com- munication be received and filed. 394 Regular Session, November 5, 1982 Seconded by Councilman Schreib- er. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Tacos. Nays—None. Communication of John L. Gruetzmacher objecting to type of work done in surfacing Caledonia Street, presented and read. Coun- cilman Takos moved that the com- munication be received and filed. Seconded by Councilman Schreib- er. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Samuel J. Rath objecting to the amount of assessment for the surfacing of Shelby Street, presented and read. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of Eugene Sand objecting to the amount of the assessment for the surfacing of Beverly street, presented and read. Councilman Takos moved that the communication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Lawrence Ru. den et ux objecting to the amount Of assessment for the surfacing of Mineral Street, presented and read. Councilman Takos moved that the communication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber. Takos. Nays—None. Communication of Merlin Tan. ner et al objecting to the, work- manship in the surfacing of Doug. las Street, presented and read. Councilman Takos moved that the communication be received and f i 1 e d. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays—None. Mr. Paul Gearheart addressed the Council by making inquiry as to the reason for surfacing of Muscatine Street, for in his opin- ion the old street was good enough. Engineer White stated that the street was becoming an extensive maintenance problem. Mr. Bob Neuman, who lives on W. 17th Street, inquired as to the method of assessing property due to the fact that he is being assessed for the improvement of Catherine Street. It was explained to him that the method used is on the basis of area assessment. Statement of George D. Smith certifying that notices of levy were posted in the area and along the streets affected by the con- struction of City of Dubuque 1962 Bituminous C o n c rete Surfacing Project No. 1, on October 1, 1962, presented and read. Councilman Schreiber moved that the state- ment be received and filed. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Statement of City Clerk From - melt certifying that notices of levy were mailed to the taxpayers affected by the construction of City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 1, by ordinary mail on October 16, 17, 18 and 22, 1962, presented and read. Councilman Schreiber moved that the statement be received and filed. Seconded by Council- Regular S(•ssion, November 5, 1962 395 man Takos. Carried by the follow. ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n. Schreiber, Takos. Nays—None. RESOLUTION NO. 23262 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for the constructing of CITY OF DUBUQUE 1962 BITUM- INOUS CONCRETE SURFACING PROJECT NO. 1 (except Cummins Street and Samuel Street) by MUL• GREW BLACKTOP INC. contrac- tor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule; City of Dubuque 1962 Bituminous Concrete Proieet No. 1 Construction Cost ........$144,894.91 Less City Share ............ 23,364.68 Assessable Amount ......$121,530.25 7% Extra Expense ........ 8,507.12 5% Interest - 52 Days .. 877.72 Total Assessable Amount ......................$130,915.07 City Share ...................... 23,364.68 $154,279.75 Caledonia Street From Th West Property Line of Hill Street To The Sout Property Line of West 6t Street With Bituminous Concrete Paving. City of Dubuque, Lot 1.1.37 Kelly's Sub . ......................$ Louis & Genevieve Phohl, Lot 1.2-1-37, Kelly's Sub. City of Dubuque, Lot 2-2-1- 37, Kelly's Sub ................. % Interest Arnold Fritsch. % Interest Francis S. & Oliver A. George, Lot N. .25'-S. 50'-E%-2-37, Kelly's Sub. .................................... Earl W. & Dolores A. Chap. man, Lot S. 25'-S. 50% E%-2-37, Kelly's Sub. ., Mary Kolle Rubesky, Lot N. 5'-E%-2-37, Kelly's Sub... 2.26 67.32 2.36 54.29 5429 10.87 Flora Harkett, Lot W. %.2. 37, Kelly's Sub ................. 8.22 Flora Harkett, Lot w%.S%. 36, Kelly's Sub ................. 6.42 Mary Kolle Rubesky, Lot E% -S%-36, Kelly's Sub... 93.46 Robert E. & Mary L. Henkes, Lot W% -N%-36, ly's Sub . ............................ 6.42 Robert E. & Mary L Henkes, Lot 1 -E% -N%-38, Kelly's Sub . ...................... 46.74 Robert E. & Mary L Henkes, Lot 2 -E% -N%-36, Kelly's Sub . ...................... 46.74 John L. & Rita M. Grutz- macher, Lot 151/3.34 & all of 35 Kelly's Sub... 93.82 Albert A. & Mabel L Bauer, Lot 1-2-S1/3.34 & all of 35 Kelly's Sub. ............... 88.84 Marg't. G. Callaghan, Lot 2- 2-Sl/3-34 & all of 35 Kel- ly's Sub . ............................ 90.41 Sarah H. Banfield, Lot N. 2' 3.34, Kelly's Sub. ........ 133.19 Walter H. & Leona Colin, Lot S1/2-33, Kelly's Sub... 100.95 Walter H. & Leona Colin, Lot 1-N1/2.33, Kelly's Sub. .................................... 96.89 Walter H. & Leona Colin, Lot 2-Nl/2-33, K e l l ys' Sub. .................................... 4.06 Robert A. & Bernadine F. Nelson, Lot 3, Hedley's Sub. .................................... 33.42 Lewis G. & Lois J. Tange- man, Lot 4, Hedley's Sub. .................................... 17.82 Gerald T. & Joan M. House. log, Lot 5, Hedley's Sub... 6.99 Robert J. & Lois J. O'Brien, Lot 8, Hedley's Sub....... 108.89 Robert J. & Lois J. O'Brien, Lot 1-9, Hedley's Sub..... 7.15 City of Dubuque, Lot 38, Kelly's Sub . ...................... 121.13 Hugh & Evelyn Callahan, Lot S%-1-1-39, Kelly's Sub.................... ................. 73.5 Mary A. Stephens, Lot N%- 1.1.39, Kelly's Sub........... 73.61 Edith M. Wright, Lot 2.2.1- 39, Kelly's Sub ............ »... 10.62 Joseph B. & Hazel H. Mc- Laughlin, Lot 2.39, Kelly's Sub. .................................... 4 7S Donald J. & Janette E. Dunne, Lot S. %-W %- 40, Kelly's Sub ................ 84-91 Valentine G. & Helen Pins, Lot N. %-W. ',x40, Kel- ly's Sub . ........................... 84.91 396 Regular Session, November 5, 1962 R a 1 p h Jr. & Sarah E. Timothy C. O'Brien, est., Wright, Lot W. 20' -S -1-E. Lot 28, G. W. Rogers 1z-40, Kelly's Sub. .....4.91 Sub . .................................... 1.02 1/5 Int. Mettel Realty & Ralph & Sarah Wright, Lot Inv., 1/5 Int. Lucille W. 20' -2 -I -E. %41, Kelly's Kemp: 3/5 Int., City of Sub . .................................... 7.03 Dubuque, Lot E. 91 -s -1-E. 3,15 Ralph & Sarah Wright: c40, Kelly's Sub . ............ 0.821/5 Mettel Realty: 1/5 Harold S. & Anna M. One- T. J. Levan, Jr. Lot E. 91. year, Lot 2-E. 1/z40, Kel- W. 29"-2-1-E. %41, Kel- ly's Sub . ............................ 0.35 ly's Sub. 53 """""""""""""' 2' Cecil & Helen Mosek, Lot 1-1- W. Li -41, K e l 1 y's 1/5 Michael B. & Rosemary Sub 70.02 1/5 Mettel .McDermott: ...............................»... Ralph & Sarah E. Wright, Realty & Inv.: 3/5 R. & Jr., Lot 2.1-W. '/z-41, Kel- S. Wright, Lot N. 9'-E 100' ly's Sub . ............................ 14.95 2 -I -E. %-41, Kelly's Sub... 1.34 Ralph E. & Sarah Ellen Mary Esther Hedley Van Wright, Lot 1.1-2-W. %- Akin, Lot 1, Caledonia 41, Kelly's Sub . ................ 57.49 Place .................................. 143.19 Ralph E. & Sarah Ellen William J. & Velma A. Mar. Wright, Lot 2.1.2-W. 'h- tens, Lot 2, Caledonia 41, Kelly's Sub ................. 19.55 Place .................................. 54.25 Ralph & Sarah E. Wright, Jr., Lot 2-2-W. %-41, Kel- $2,408.55 ly's Sub . ............................ Michael B. & Rosemary Mc- 7.93 Excavation (Unclassified) Dermott, Lot 1.1-E. %-41, 10 cu. yd. @ $0.80............$ 8.00 Kelly's Sub . ...................... 4.29 1%1 Bituminous Concrete Harold S. & Anna M. One- —Binder, 148.60 tons (t year, Lot 2-E1/2-41, Kelly's 7.15 .................................... 1,062.50 Sub . .................................... 0.96 I" Bituminous Concrete— David C. & Abbie M. Solca, Surface, 143.76 tons ( Lot 1-42, Kelly's Sub. .... 5.42 7.15 .................................... 1,027.89 Jas. J. & Rose Mulvehill, Tack Coat RC -I, 125 gals. Lot N. 1,z-2-42, Kelly's ri.30................................ 37.50 Sub . .................................... 5,60 Manholes or grates to be Joseph C. & Theresa Grace, raised/lowered 4 no. of Lot S. ii -2.42, Kelly's (u 25.00 ............................ ................. 100.00 Sub. ................................... 5.60 Jas. T. & Rose Mulvehill, Total Cost ....................$2,235.89 Lot N. '/z-3.42, Kelly's Less City Share........ 0.00 Sub. .................................... 87.90 Joseph C. & Theresa Grace, Assessable Amount..$2,235.89 Lot S. Y!-3.42, Kelly's 7% Extra Expense............ 156.51 Sub . .................................... 87.90 5% — 52 days Interest.... 16.15 Donald F. & Theresa A. Mc- Coy, Lot W. 54'6".W.1/4- Total Assessable Amount..$2,408.55 43, Kelly's Sub . ................ 117.40 All of which is assessed in pro- Mettel Realty & Inv. Co., portion to the special benefits con - Lot E. 10'-W. 1/4-43, Kel- ferred. ly's Sub . .......................... 9.87 West Fifth Street from the east Mettel Realty & Inv. Co., property line of Hill Street to the Lot W. M. 1/4.43, Kelly's west property line of Gilmore Sub . .................................... 37.91 Street with bituminous concrete Bessie L. Bennett, Lot E. M. paving. 1/4-43, Kelly's Sub. ........ 17.29 Marita Kennicker, Lot I - Otto C. & Leona Sodawas- E.2'-, Robert Brown's ser, Lot E%. 1/4.43, Kel- Sub . ..................................$ 3.85 ly's Sub . ............................ 4.39 Robert W. Clewell, Trus - David C. & Abbie M. Solea, tee, 1-W.481, R o b e r t Lot E. %-E. 1/4-43, Kel- Brown's Sub ..................... 92.32 ley's Sub . ............ ...... .._ ..... 3,18 I (Mary Stuart Scott) Regular Session, November 5, 1962 391 Clarence J. & Amelda C. Wilfred E. Johannsen, )g. Keatley 1.2, Robert 87.80 6'10"-N.I11'-8 & E. 44' Brown's Sub. .................. 10"-5.50'-8 & 7 of (Owner Albert & Odelia Kiene's Blocklinger Sub. 197.61 C. Kunn) Mettel Realty & Inv, Co., Frank & Eliz. Muntz, 1- Lot 2, Kiene's Bloek- Sub. 1-1-1-2 & 2, Robert linger Sub....................... an Brown's Sub................... 20.08 Albert L. & Marion R. Donald M. & Virginia Fischer, Lot 2.1, Mattox Herbst, 14, Robert Sub. 87.13 Brown's Sub. .... 2.37 Joseph J. & Anna Cana. Nicholas Thoma, 2-Sub. 2- han, Lot 1-1, Mattox 1.1-3, Robert Brown's Sub............... .................... 62.18 Sub................................... 51.60 Lester M. & Darlene R. Nicholas Thoma, 2-Sub. l- Lochner, Lot W.50'-W. 1-1.3 & 2-2 Robert 100'-1-2, Mattox Sub..... 104.88 Brown's Sub. ............. 2.62 Marvin & Virginia Sits. Linnea Klutson, 1-Sub.2- mann, Lot E.50'-W.100'- 1.1-3, Robert Brown's 1.2, Mattox Sub............. 104.88 Sub................................... 71.18 John E. & Mildred Mohr, Clarence J. & Amelda C. Lot E.52'-1-2, Mattox Keatley 2-1.3, Robert Sub............ ....................... 109,04 Brown's Sub. ................ 4.46 Donald F. & Virginia M. Minnie Kolle, E. 3'4-1, City Hoppmann, Lot 1-1-13, Lot 2-720 ...................... 23.00 Mattox Cub............... 33.54 Marita Kennicker, Lot W. Gerald B. & Elleanor F. 14.1, City Lot 2.720 ........ 68.41 Jochum, Lot 2.13, Mat. Minnie Kolle, Lot 2, City tux Sub. .......................... 14.0 Lot 2-720 ..... . ............... 93.51 Gerald B. & Flleanor F. Margaret M. Kahl Ger- Jochum, Lot 2-1-13, maine & Aloysius J. Mattox Sub..................... 7.85 Germaine, Lot 3, City Alfred F. & Victoria Lot 2-720 ........................ 95.23 Finch, Lot 1-1, Summit William Friedman, Lot 4, St. Sub ............................. 14:18 City Lot 2-720 ................ 96.86 James J. & Mary G. Rink, $10M.40 Lot 5, City I.ot 2.720 .... 44.24 134" Bituminous concrete. John J. & Zita P. Welter, binder 107.05 tons @ Lot 1. G. Martin's Sub. 149.08 $7.15................................$ 765.41 Frank & Grace Sullivan, 1" Bituminous concrete- Lot 2, G. Martin's Sub. 41.76 surface 105.95 tons @ Clarence J. & Ruth From- $7.15................................ 757.54 melt, Lot 3, G. Martin's Tack coat RC-1 140 gals. Sub................................... 112.48 (it .30 .............................. 42.00 William M. & Phoebe M. Manholes or grates to be Gardner, Lot 4, G. Mar- raised/lowered 3 no. of tin's Sub. ........................ 112.48 to 25.00 .......................... 75.00 John C. & Mary G. Mul- 'S" stabilized rolled stone len, Lot W. 12'-S.50'-8, base 106.95 tons @ 2.20 235.29 Kiene's Blocklinger Sub. 2.90 Extra work, lump .............. 788.00 Hannah E. Skemp, Lot N. 62'-4-5 & 6, Kiene's Total cost ..........................$2,663.24 Blocklinger Sub............. 12.85 'Less City share .............. 828.52 Arthur & Marie H. Hurl. hurt, Lot N. 53'11"-1.2- Assessable amount ..........$1,834.72 &3, Kiene's Blocklinger 7%Extra expense ............ 128.43 Sub. .. ..... ...... .._. ....... 15.08 5%-52 days interest ...... 13.25 Amelia Demmer, Lot S. 16'5"-N.7014"-I-2 & 3 Total assessable amount..$1,976.40 Kiene's Blocklinger Sub. 1.15 All of which is assessed in pro- John C. & Mary G. Mul- portion to the special benefits con- len, Lot N. 111'4".W.50'- ferred. 8, Kiene's Blocklinger Alta Place from the North ProP- Sub. ._ ....... _ juij ati erty Line of Delaware Street to 398 Regular Session, November 5, 1962 the South Property line of Green Street with Bituminous Concrete Paving. 580 cu. yd. iR 0.80 ........$ Emil F. & Thelma K. Alt - 55.89 haus, Lot 1.269, Wood - binder, 100.90 tons V lawn Park Add . ................$ 61.23 Emil F. Althaus, Lot 268, buque .................................. Woodlawn Park Add....... 193.14 Elroy D. & Adrenne G. Hav- Mills West Dubuque ........ erson, Lot 267, Woodlawn C. L. & Bessie Kulander, Lot Park Add . .......................... 193.14 Chas. V. Jr. & Flo. C. Wei- Emil F. & Thelma K. Alt - land, Lot 266, Woodlawn haus, Lot 2-2-27, Mills Park Add . .......................... 193.14 Walton Jr. & Alice Joan 100.00 Kirk, Lot 265, Woodlawn Park Add . .......................... 193.14 Irma M. May, Lot 1-264, Woodlawn Park Add. ...... 53.11 Irma M. May, Lot 1.263, Woodlawn Park Add....... 53.11 Raymond C. & Marjorie B. Fettgather, L o t 2-263, Woodlawn Park Add....... 140.03 Raymond C. & Marjorie B. Fettgather, Lot 2-64, Woodlawn Park Add....... 140.03 Eugene li. & Velda B. Mil- ler„ Lot 270, Woodlawn Park Sub ............................. 235.87 Eugene H. & Velda B. Mil- ler, Lot Nlh-271, Wood - lawn Park Add . ................ 96.57 Henry & Josephine Frost, Lot S1/2-271, Woodlawn Park Add . .......................... 96.57 Henry & Josephine Frost, Lot 272, Woodlawn Park Add. .............................. I..... 193.14 Henry & Josephine Frost, Lot 273, Woodlawn Park Add. .................................... 193.14 Henry & Josephine Frost, Lot 274, Woodlawn Park Add. .................................... 193.14 Wm. T. Connery, Lot 301, Woodlawn Park Add. .... 18.97 Elmer A. Meloy, Lot 1.23, Mills West Dubuque ........ 28.00 Evelyn C. & Irma E. Klauer, Lot 2-23, Mills West Du- buque.................................. 18.50 Elmer A. Meloy, Lot 1.24, Mills West Dubuque ........ 39.59 Evelyn C. & Irma E. Klauer, Lot 2-24, Mills West Du. buque .................................. 52.46 Elmer A. Meloy, Lot 1-W. 40'-25, Mills West Du- buque.................................. 49.60 Evelyn C. & Irma E. Klauer, Lot 2-W. 40'-25, Mills West Dubuque ................. 75.64 Paul E. & Lavonne Eisbach, Excavation (Unclassified) E. 10'-25, Mills West. Du- 580 cu. yd. iR 0.80 ........$ buque.................................. 55.89 Paul E. & Lavonne Eisbach, binder, 100.90 tons V Lot 26, Mills West Du- 7.15 .................................. buque .................................. 208.44 City of Dubuque, Lot 1.27, surface 96.15 tons 0 Mills West Dubuque ........ 132.27 C. L. & Bessie Kulander, Lot Tack Coat MC -O, 350 gals. 28, Mills West Dubuque .. 6.30 Emil F. & Thelma K. Alt - Manholes or grates to be haus, Lot 2-2-27, Mills raised/lowered 4 no. of West Dubuque .................. 112.06 $3,026.22 Excavation (Unclassified) 580 cu. yd. iR 0.80 ........$ 464.00 1%" Bituminous Concrete - binder, 100.90 tons V 7.15 .................................. 721.44 1" Bituminous Concrete - surface 96.15 tons 0 7.15 .................................. 687.47 Tack Coat MC -O, 350 gals. r( .20 ................................ 70.00 Manholes or grates to be raised/lowered 4 no. of 0; 25.00 ............................ 100.00 IV' stabilized rolled stone base, 504.85 tons r 2.20 1,110.67 Total Cost ........................$3,153.58 *Less City share ............ 344.30 Assessable amount ........$2.809.28 7% Extra work .............. 196.65 5%-52 days interest .... 20.29 Total assesable amount.. $3,026-22 All of which is assessed in pro- portion to the special benefits con- ferred. Adair Street from Loras Boulevard to Rosedale Avenue with Bitumin- ous Concrete Paving. Charles J. & Mary Plamon- don, Lot 36, Woodlawn Park Addition ....................$178.12 Charles J. & Mary Plamon- don, Lot 37, Woodlawn Park Addition .................... 178.12 Cecil & Ila Hines, Lot 38, Woodlawn Park Addition 178.12 Leon H. Biedermann, Lot 39, Woodlawn Park Addi- tion ...................................... 178.12 Leon H. Biedermann, Lot 40, Woodlawn Park Addi- tion ...................................... 178.12 Anthony & Ann Marguerite Hoffman, Lot 41, Wood - lawn Addition .................... 178.12 Regular Session, Noveinber 5, 1962 399 Frank W. & Marie Norton j William F. & Marie Lange, Lange, Lot 42, Woodlawn Lot 14. Woodlawn Park Park Addition ... ._ ....,... 178.12 Addition Cletus T. & Dorothy Cox, ........._......._........ 199,78 Andrew Lange, Lot 15, Lot 43, Woodlawn Park Woodlawn Park Addition Addition .. 178.12 197.75 Andrew Lange, Lot 16, Roland & Betty Simpson, Woodlawn Park Addition 196.29 Lot 44, Woodlawn Park 1§ int. Inez Eberly-1,J int. Addition . .... ... .............. 178.12 Herbert H. & Mary Ellen Albers' H. & Mary C. Han- Eberly, Lot 2.27, Wood. son, Lot 45, Woodlawn lawn Park Addition 14.07 Park Addition ... ..... 178.12 ........ Benjamin B. & JoAnn Bell. Robert D. Mallder & Marian Ings, Lot 1-27, Woodlawn C. Mallder, Lot 46, Wood- ... Park Addition ......... 174.56 .... lawn Park Addition ........ 178.12 August H. Smith, Lot 28, Robert D. Mallder & Marian Woodlawn Park Addition 178.13 C. Mallder, Lot 47, Wood- V. L- & Marie Winterowd, lawn Park Addition ....... 178.12 Lot 29, Woodlawn Park Dorrance & Viola Iiames, Addition ............................ 178.13 Lot 48, Woodlawn Park V. L. & Marie Winterowd. Addition .............. .......... 178.12 Lot 30, Woodlawn Park Dorothea Donovan, Lot 49, Addition ............................ 178.13 Woodlawn Park Addition 258.28 Howard R. & Carrol A. Dorothea Donovan, Lot 50. Klauer, Lot 31, Wood. Woodlawn Park Addition 97.97 lawn Park Addition ........ 178.13 Geo. T. Connelly, Lot 1, Howard R. & Carrol A. Woodlawn Park Addition 104.02 Klauer. Lot 32, Wood. Mary Agnes Connelly, Lot lawn Park Addition ........ 178.13 2 Woodlawn Park Addi- Gerald G. Pregler, Lot 33, tion.................................. John B. Connelly, 258.28 Woodlawn Park Addition 178.13 Lot 3, Thomas W. & Elaine M. Woodlawn Park Addition 185.25 O'Neill, Lot 34, Woodlawn Fred W. Koehler, Lot 4. Park Addition .................... 178.13 Woodlawn Park Addition 188.53 Bernard E. & Elizabeth A. Floyd & Marion Topp, Lot Takes, Lot 35, Woodlawn E. 40'-5, Woodlawn Park Park Addition 178.13 Addition ........................... 27.47 ................ Fred & Alma Koehler, Lot Leo F. & Dorothy M. Cox, W. 80'-5. Woodlawn Park Lot 26, Woodlawn Park Addition............ ............ 162.81 ........................... Addition 173.35 Raymond & Elaine Close, James W. & Margaret Han- Lot 6, Woodlawn Park son, Lot 25, Woodlawn Addition ...._._. ............. 194.80 Park Add. .......................... 189.10 Myrtle L. Blum. Lot 7, Edward P. Jr. & Edna Woodlawn Park Addition 196.83 Spautz, Lot 24, Woodlawn William F. & Marie Lange, Park Add. .......................... 190.02 Lot 8, Woodlawn Park Rex L. & Luella E. Bram- Addition .......................... 198.72 mer, Lot 23, Woodlawn William F. & Marie Lange, Park Add. .......................... 190.88 Lot 9, Woodlawn Park Clara A. Meyer, Lot 22, Addition ...... ................ 200.43 Woodlawn Park Add......... 191.77 William F. & Marie Lange, Louis A. & Agnes White, Lot 10, Woodlawn Park Lot 21, Woodlawn Park Addition ........................... 200.85 Add. ................................... 192.59 William F. & Marie Lange, Roy & Marie C. Grimm, Lot 11, Woodlawn Park Lot 20, Woodlawn Park Addition ... .... .. ...... 200.43 Add. ................ 195.48 William F. & Marie Lange, William I Sr., & Ruth A. Lot 12, Woodlawn Park Tindell. Lot 19, Wood. Addition . , 200.21 lawn Park Add. .............. 194.30 William F, & Marie Lange, Floyd E. & Jean Winner. Lot 13, Woodlawn Park Lot 18, Woodlawn Park Addition ......... .......... _. 200-00 Add. 195.01 400 Regular Session, November 5, 1962 Alfred A. & Rosalea T. Schmelzer, Lot 17, Wood - lawn Park Add ................. David & Lillian Loeffelholz, Lot 18, Rosedale Add. .... David & Lillian Loeffelholz, Lot 19, Rosedale Add. .... David & Lillian Loeffelholz, Lot 40, Rosedale Add..... Mettel Realty & Inv. CO.. Lot 41, Rosedale Add..... Mettel Realty & Inv. Co., Lot 42, Rosedale Add. .... Mettel Realty & Inv. Co., Lot 43, Rosedale Add..... 'h int. Inez Eberly & ih int, Herbert & Mary Ellen Eberly, Lot 1-44, Rose- daleAdd ............................. Benjamin B. & Joann Bel- lings, l.ot 2.44, Rosedale Add. .................................... Milton & Margaret Schad - ler, Lot 20, Rosedale Add. Milton & Margaret Schad - ler, Lot 21, Rosedale Add. Merlin Fred & Coletta Ma- ric Schultz, Lot 45, Oak- dale Add . .......................... Mettel Realty & Inv. Co., Lot 46, Rosedale Add..... Paul F. & Roselle M. Reiter, Lot 47, Rosedale Add. .... Herbert & Margaret Zim. merman, Lot 48, Rose- daleAdd ............................. Pearl C. Renk, Lot 49, Rose. dale Add . .......................... Leo & Rachel Kactro, Lot WAT-20, Oakland Park Add. .................................... Elroy J. & Violet M. Klaas, Lot 21, Oakland Park Add. .................................. Arthur J. & Virginia C. Hurlburt, Lot 22, Oakland Park Add . .......................... Jas. P. & Marie Flynn, Lot 23, Oakland Park Add..... stabilized rolled stone base 2,159.35 tons R 195.72 2.20 .................................. 4,750.57 97.97 Total Cost ....................$13,469.10 I *Less City share ............ 2,378.51 258.28 178.13 178.13 178.13 178.13 180.41 0.46 276.27 100.75 188.53 188.53 188.53 188.53 230.46 21.16 5.88 3,67 0.93 $11,947.03 Excavation (unclassified) 2,374 cu. yds. 0 0.80 ....$1,899.20 1%" bituminous concrete - binder 412 tons 0 7.15 2,945.80 1" bituminous concrete surface 443.85 tons r,i 7.15 .................................. 3,173.53 Tack Coat MC -0 1,500 gals. @a, .20 .................... 300.00 Manholes or grates to be raised/lowered % 16 no. of Ci 25.00 ................ 400,00 Assessable amount ........$11,090.59 7% extra expense ........ 776.34 5%-52 days interest.... 80.10 Total Assessable Amt. $11,947.03 All of which is assessed in pro- portion to the special benefits conferred. Irving Street from the south prop. erty line of Decorah Street to the north property line of University Avenue with Bituminous Concrete Paving. John 1). & Dorothy Corken, Lot 2-7, Mineral Lot 170..$196.55 Alice M. Clark, Lot 1-6, Min- eral Lot 170 ........................ 158.18 Lois I. Stanley, Lot 2-6, Min- eral Lot 170 ........................ 16.13 Lois I. Stanley, Lot 5, Min- eral. Lot 170 ........................ 71.20 Carlton F. & Dorothy Met- tille, Lot 4, Mineral Lot 170 ...................................... 30.10 Carlton F. & Dorothy Met - Lille, Lot 1.3, Mineral Lot 170 ........................................ 6.64 Carlton F. & Dorothy Met - Lille, Lot 2-3, Mineral Lot 170 ........................................ 1.98 Alice M. & William A. Clark, Lot 1, Mineral Lot 170 53 85 ...................................... Harvey A. & Minnie Wood- . ward, L o t 1-2-1-1.1.14, Mineral Lot 172 .............. 188.63 John D. & Dorothy Corken, L o t 2-2-1.1.14, Mineral I.ot 172 .............................. 158.88 Harvey A. & Minnie Wood- ward, Lot 1-1-1-1-14. Min- eral Lot 172 .................... 279.80 Lolo Watters, Lot 2-1-1-14, Mineral Lot 172 ................ 97.40 Lolo Watters, I.ot 1-2.1.14, Mineral Lot 172 .............. 119.93 Alfred A. & Hilda Leick, Lot 2-2.1.14, Mineral Lot 172 ...................... . ....... 33.94 Chas. A & Ida Mills, Lot 2-2.14, Mineral Lot 172 .... 40.64 Westminister Presbyterian C h u r c h, Westminister Presbyterian Church Place ........................... ....... 2,264.78 Regular Session, November 5, 1982 401 Alfred A. & Hilda Luck, Lot 315, Woodlawn Park Addition ......................... Stella Camm, Lot 316, Wood. lawn Park Addition .. Mrs. Ed. Benn Nowlin, Lot 317, Woodlawn Park Ad. dition.................................. Alfred A. & Hilda Leick, Lot Ext vacated Avoca St. between Lot 315 & 2-336 ...... Stella Camm, all vacated Avoca St. between Lots 1-336 & 316 ........................ Mrs. Ed. Benn Nowlin, va. cated Avoca St. between Lots 335 & 317 ................ Dubuque County, Lot 2.336, Woodlawn P a r k Addi- tion.................................... Stella C a in in, Lot 1.336, Woodlawn P a r k Addi- tion..................................... Robert E. & Elaine Slattery, Lot 335, Woodlawn Park Addition ............................ Charles J. & Ida Mills. Lot 312, Woodlawn Park Ad. dition.................. _.._ .. . Alvin R. & Sue Luchritz, Lot 311, Woodlawn Park Addition ............................ Alfred & Hilda Leick, W% Avoca St. between Lots 315 & 2.336 ........................ Robert E. & Elaine Slattery, Avoca St. between Lots 335 & 317 .......................... Lolo Watters, Lot 1-314, Woodlawn P a r k Addi- tion...................................... Harvey & Minnie Wood- ward, Lot 2.314, Wood. lawn Park Addition ........ Total cost ..................... .$5.999.56 'Less city share ........... 1,213.98 233.52 Assessable amount ......$4.785.58 263.91 7% extra expense ........ 334.99 5% - 52 days interest .... 34.56 253.95 31.67 57.41 34.76 4.19 18.69 32.60 156.43 206.39 19.15 27.54 92.86 3.43 $5,155.13 Excavation (unclassified), 1668 cu. yds. (W 0.80 ....$1,334.40 1%" bituminous con- crete - binder, 91.65 tons r' 7.15 ............................ 655.30 1" bituminous concrete - surface, 108.75 tons CSS 7.15 .................................. 777.56 Tack coat MC -0, 450 gals. (W .20 ............................. 90.00 Manholes or grates tobe raised/lowered, 2 No. of ((425.00 ............................ 50.00 3/4" stabilized r o 11 e d stone base, 1405.59 tons (& 2.20 ............................. 3,092.30 Total assessable amount ............................$5,155.13 All of which is assessed in pro. portion to the special benefits con. ferred. Primrose Street from the south property line of Davenport Street to the north property line of Mus. catine Street with bituminous con• trete paving. Donald L. & Shirley Schuel- ler, Lot 21, McDaniels Park Hill Add...................$145.38 Patrick E. & Maurine Finn, Lot 22, McDaniels Park Hill Add . .......................... 412.78 Richard J. & Lorraine Ries- selman, Lot 23, McDaniels Park Hill Add . ................ 412.78 Cletus H. & Ruth Galle, Lot 1.24, McDaniels Park Hill Add . .......................... 99.69 Richard J. & Lorraine Ries- selman, Lot 2.24, McDan- iels Park Hill Add......... 45.00 Cletus H. & Ruth Galle, Lot S. 30'-25, McDaniels Park Hill Add . .......................... 38.94 George D. & Edith Mentz, Lot 42, McDaniels Park Hill Add ............................. 145.38 Wayne C. Young, Lot 41, McDaniels Park HILI Add. .................................... 412.78 Bernard J. & Mildred Web- er, Lot 40, McDaniels Park Hill Add ................. 41L78 Harvey M. & Mary L. Wll- son, Lot 39, McDaniels Park Hill Add ................. 145.38 George A. & Eliz. F. Beck, Lot 38, McDaniels Park Hill Add ............................. 38.94 Donald L. & Shirley Schuel- ler, Lot 20, McDaniels Park Hill Add ................... 38.94 Mettel Realty Co., Lot 43, McDaniels Park Hill Add. .................................... 38.94 $2,338.40 Excavation (unclassified), 158 126.40 158 cu. yds. 1'e" bituminous concrete binder, 66.20 tons @ 473.33 7 15 ................................. 402 Regular Session, November 5, 1962 1" bituminous concrete - surface, 50.40 tons (1I 198.75 7.15 ............................ _ .. 360.36 Tack coat MC -0, 275 gals. (d .20 .............................. 55.00 3/4" established r o l l e d stone base, 546.41 ton, 2.20 ............................ 1.202.10 Total cost ......................$2,217.19 'Less city share ................ 0.00 Assessable amount ............$2,217.19 iels Park Hill Lot 2 ........ 7% extra expense ............ 155.20 5% - 52 days interest ...... 16.01 Total assessable amount ............................$2,388.40 All of which is assessed in pro- portion to the special benefits conferred. Davenport Street from the north property line of West 28th Street to the south property line of Na- tional Street with bituminous con- crete paving. Raymond K. & Kath. Camp- bell, Lot 2, Weirich Heights ..............................$198.75 Raymond K. & Kath. Camp- bell, Lot 3, Weirich Heights .............................. 265.01 Edmund J. & Elaine E. W e 1 u, Lot 4, Weirich Heights ............................. 265.01 John W. & Donna M. Freund, Lot 5, Weirich Heights .............................. 265.01 Holy Ghost Church, Lot 6, Weirich Heights .............. 490.26 Minnie & Muriel C. Freund, Lot 7, Weirich Heights .... 281.59 Francis G. & Bertha Al. Basten, Lot 8, Weirich Heights .............................. 281.59 John D. & Carol A. O'Brien, Lot 9, Weirich Heights .... 281.59 Cletus & Catherine Frei. burger, Lot 2, McDaniels Park Hill Lot 2 ................1,970.48 Kenneth E. & Jane F. Nar- ain, Lot 13, McDaniels Park Bill Lot 2 ................ 243.31 Kenneth E. & Jane F. Nar. ain, Lot S. 30'-14, McDan- iels Park Hill Lot 2 ........ 99.38 Verne A. & Ethel Mauer, Lot N. 30'-14, McDaniels Park Hill Lot 2 ................ 99.38 Verna A. & Ethel Mauer, Lot 15, McDaniels Park Hill Lot 2 .......................... 198.75 Herbert & Mabel Odefey, Lot 16, McDaniels Park Hill Lot 2 .......................... 198.75 Herbert F. & Anne Hansel. mann, Lot 17, McDaniels Park Hill Lot 2 ................ 198.75 Francis J. & Margaret M. Hanson, Lot 18, McDan- iels Park Hill Lot 2 ........ 198.75 Francis J. & Margaret M. Hanson, Lot 19, McDan. iels Park Hill Lot 2 ........ 198.75 Donald L. & Shirley Sehuel- ler, Lot 20, McDaniels Park Hill Lot 2 ................ 198.75 Donald L. & Shirley Schuel- ler, Lot 21, McDaniels Park Hill Lot 2 ................ 198.75 Patrick E. & Maurine Finn, Lot 22, McDaniels Park Hill Lot 2 ........................ 198.75 Richard J. & Lorraine Reis- selman, Lot 23, McDaniels Park Hill Lot 2 ................ 198.75 Cletus H. & Ruth Galle, Lot 1.24, McDaniels Park Hill Lot 2 ........................ 149.08 Richard J. & Lorraine Reis- selman, Lot 2-24, McDan. iels Park Hill Lot 2 ........ 49.67 Cletus H. & Ruth Galle, Lot S. 30'-25, McDaniels Park Hill Lot 2 ................ 99.38 Henry & Margaret Reelfs, Lot N. 30'-25, McDaniels Park Hill Lot 2 .................... 99.38 Henry & Margaret Reelfs, Lot 26, McDaniels Park Hill Lot 2 ........................ 198.76 Henry & Margaret Reelfs, Lot 27, McDaniels Park Hill Lot 2 .............. .._......... 198.76 $7,325.14 Excavation (unclassified), 653 cu. yds. (a; 0.80 ....$ 522.40 1%" bituminous concrete - binder, 249.90 tons (a 7.15 .................................. 1,786.79 1" bituminous concrete - surface, 209.55 tons 01. 7.15 .................................. 1,498.28 Tack coat MC -0, 925 gals. (i) .20 .............................. 185.00 Manholes or grates to be raised/lowered 6 no. of lq 25.00 .......................... 150.00 3/4" stabilized r o 11 e d stone base 1,207.98 tons (w 2.20 ............................ 2,657.56 Total cost ........................$6,800.03 *Less city share ............ 0.00 Assessable amount ........$6,800.03 Regular Session, Nove rnber 5, 1962 -----.-__ 403 7% extra expense ........ 476.00 1 Lot 60, Pleasant View ;i% - 52 days interest .... 49.11 Add Total assessable .................................... Aloysius H. & Lucille Weis Lot 213.27 61, Pleasant View amount ...........................$7,325.14 Add All of which is assessed ................. 4a.r.�� ............ in pro- Harold A. & Margaret S. 313.50 portion to the special benefits con. I Casey, Lot 70, Pleasant fered. View Add ............................ 227.02 Cottage Place from Abbott Street I Leo F. & Ella F. Bly, Lot to East end of street with bitum- 71, Pleasant View Add... l.conard 227.02 inous concrete surfacing, & Verda Meyer, Lot Eugene &Clara Kuehn, l.ot 54, Pleasant View Add. .$213.27 72, Pleasant View Add ............................ Leonard 227 02 Louis W. & Frieda Sefzik, & Verda Meyer, Lot E. 1/'2.53, Pleasant Lot ?3, Pleasant View Add View Add ........................ ........................... . 106.64 John Francis & Sylvia K. 227 02 Eugene & Clara Kuehn, Lot Kressig, Lot 74, Pleasant W. 1/2-53, Pleasant View Add..............:.................... ...... .. View Add.64 M .......K. 106elvin & Mar. 22702 Louis W. & Frieda Sefzik, gerie ress ressig, Lot 75, Pleasant View Lot 52, Pleasant View Add Add...................................... ...................................... 213.27 Frieda & Wilfred Paul Kres- 227.02 Carl A. & Mary Kolfenbach, sing, Lot 76, Pleasant Lot 51, Pleasant View View Add.. ................. 227.02 A ..... ........ ...... .... Carl A. & Mary Kolfenbach, .'1 2132Albert E. & Shirley M. Lot 50, Pleasant View Cady, Lot 77, Pleasant View Add Add ....................................a Carl A. &Mary Kolfenbach, 213. 27 ....... William M. & Phoebe M. 2.27,02 Lot 49, Pleasant View Gardner, Lot 69, Pleasant Add .................................... 213.27 View Add .......................... 227.02 Mettel Realty & Inv. Corp., 'Mark W. & Romona Kup- Lot 48, Pleasant View ferschmidt, Lot 68, Pleas- Add.................................... 213.27 ant View Add .................... 173.04 Mettel Realty & Inv. Corp., Royal H. & Betty S. Muel- Lot E. 1/2.47, Pleasant lick, Lot W. 1/2-67, Pleas- View Add ........................ 106.64 ant View Add .................... 85.02 Mettel Realty & Inv. Corp., Mark W. & Romona Kupfer- W. 1/247, Pleasant View Schmidt, Lot E. 1/2.67, Add.................................... 106.64 Pleasant View Add ........ 113.51 James L. & Elizabeth Croon- Royal H. & Betty S. Muel- ey, Lot 55, Pleasant View Lich, L o t 66, Pleasant Add................................... 213.27 View Add .......................... 227.02 James L. & Elizabeth Coon- Ernest Jr. & Lois Jean ey, Lot 56, Pleasant View Mareske, Lot 65, Pleasant Add.................................... 213.27 View Add...... .................... 227.02 Alphonse & hfargt. Hirsch, Ernest Jr. & Lois Jean Mar- Lot 57, Pleasant View eske, Lot 64, Pleasant Add..................................... 21327 View Add227.02 .......................... Alphonse & Margt. Hirsch, Edward K. & Dolores Lot 2.58, Pleasant View Walech, Lot 63, Pleasant Add................................ 71.07 View Add227.02 .......................... Irvin & Marcella Hirsch, Edward K. & Dolores Lot 1-58, Pleasant View Walech, Lot 62, Pleasant Add................................ 142.21 View Add .......................... 329.23 Irvin & Marcella Hirsch, Urt 1.59, Pleasant View $6,951.37 Add.................................... 142.20 *Deficiencies to be paid by Ralph J. & Jenni R. Jungk, City of Dubuque: Lot 2.59, Pleasant View *Mark W. & Romona Kup- Add.................................... 71.07 ferschmidt, Lot 68, Pleas- Ralph J. & Jennie R. Jungk, ant View Add .................. 53.98 .1(9 Regular Session, November 5, 1962 'Royal H. & Betty S. Meul- Paul L. & Lorraine Gear lieh, Lot W. 1/2-67, Pleas- heart, I,ot 45, McDaniels ant View Add .................... 28.49 Park Hill Add .................. 294.42 Lillian F. Mauer, Lot 46, .$7,033.81 McDaniels Park Hill Excavation (unclassified), 30 cu. yds. 61 .80 ..........$ lie" bitumious concrete binder, 132.25 tons 715 .................................... 1" bituminous concrete - surface 127.75 tons fn 7.15 ................................. Tack coat MC -0 550 gals. n) .20 .............................. Manholes or grates raised or lowered 1 no. of <? 25.00 .................... 3/4" stabilized r o l l e d stone base 2050.41 tons Cd) .............................. Add...................................... 294.42 2400 Lillian F. Mauer, Lot N.W. %-47, McDaniels Park Hill Add 51.38 946.30 Verlyn G. & Ruth Miller SE %-47, McDaniels Park HillAdd .............................. 11.76 913.41 i $1,630.78 110.00 I Excavation (unclassified), 176 cu. yds. (a .80 ........$ l 25.00 1%" bituminous concrete - binder 64.25 tons Qiv 7.15 .................................. 1" bituminous concrete - 4,510.90 surface 47.30 tons 7.15 .................................. Total cost ......................$6,529.61 *Less city share ............ .00 Assessable amount ........$6,529.61 7% extra expense ........ 457.07 5% interest - 52 days .... 47.16 Total assessable amount ............................$7,033.84 All of which is assessed in pro- portion to the special benefits con- ferred. Sabula Street from the south prop- erty line of Davenport Street to the north property line of Mus- j catine Street with bituminous con- crete paving. Verne A. & Ethel Mauer, Lot 15, McDaniels Park Hill Add ............................$ 24.41 Herbert & Mabel Odefey, Lot 16, McDaniels Park Hill Add ............................ 103.33 Herbert F. & Anne Hansel mann, Lot 17, McDaniels Park Hill Add .................. 294,42 Francis J. & Margaret M. Hanson, Lot 18, McDan- iels Park Add .................... 294.42 Francis J. & Margaret M. Hanson, Lot 19, McDan- iels Park Hill Add ............ 105.33 Donald L. & Shirley Schuel- ler, Lot 20, McDaniels Park Hill Add .................. 27.78 Mettel Realty Co., Lot 43 McDaniels Park Hill Add...................................... 27.78 Merlin E. & Eileen H. Wag- ner, Lot 44, McDaniels Park Hill Add .................. 103.33 Tack coat MC -0 250 gals. r.20 ................................ 3✓4" stabilized r o 11I e d stone base 238.86 tons r'I 2.20 ............................. .. I. 140.80 459.39 338.20 50.00 525.49 Total cost ........................$1,513.88 *Less city share ............ 0.00 Assessable amount ........$1,513.88 7% extra expense ........ 105.97 5% - 52 days interest .... 10.93 Total assessable amount ............................$1,630.78 All of which is assessed in pro- portion to the special benefits con- ferred. Van Buren Street from University Avenue to Drexel Avenue with bituminous concrete surfacing. Fred & Buelah Hoag, Lot 439, Lenox Add ................$ 4.15 Fred & Buelah Hoag, Lot 438, Lenox Add ................ 16.87 Thomas C. & Marcella Flynn, Lot 437, Lenox Add...................................... 24,84 Thomas C. & Marcella Flynn, Lot 436, Lenox Add.................................... 50.01 Thomas C. & Marcella Flynn, Lot 435, Lenox Add...................................... 101.72 Thomas C. & Marcella Flynn, Lot 434, Lenox Add...................................... 245.73 Thomas C. & Marcella Flynn, Lot 433, Lenox Add...................................... 207.86 Regular Session, November 5, 1962 .145 "Thomas C. & M a r c e 11 a Flynn, Lot 432, Lenox Add............. ... ...... ......... *Thomas C. & Marcella Flynn, Lot 431, Lenox Add .............. . Thomas C, & Al a r c e l l a Flynn, Lot 430, Lenox Add ...... Mettel Realty Inv. Co., Lot 429. Lenox Add ........ ... Mettel Realty Inv. Co., Lot 428, Lenox Add ................ Ernest & Marie Donath, Lot 427, Lenox Add ................ Mettel Realty & Inv. Co., Lot 426, Lenox Add ........ Mettel Realty & Inv. Co., Lot 425, Lenox Add ........ Mettel Realty & Inv. Co., Lot S. 1 2-474. L e n o x Add..... .. . ... ........... Mettel Realty & Inv. Co., Lot 475, Lenox Add ........ Otto & Ruth Davis, Lot 476, Lenox Add ........................ Otto & Ruth Davis, Lot 477. Lenox Add ........................ Mrs. Earl Shaffer, etal, Lot 478, Lenox Add ........ Mrs. Earl Shaffer, etal, Lot 479, Lenox Add ....... Mrs. Earl Shaffer, etal, Lot 480, Lenox Add ....... Mettel Realty & Inv. Co., Lot 481, Lenox Add . . ,. Mettel Realty & Inv. Co., Lot 482, Lenox Add ........ Mettel Realty & Inv. Co., Lot 483, Lenox Add ...._. Mettel Realty & Inv. Co., Lot 484, Lenox Add ........ Robert J. Bowen, I.ot 485, Lenox Add ....................... Robert J. Bowen, Lot 486, Lenox Add ....................... Mettel Realty & Inv. Co.. Lot 487, Lenox Add .. Ralph & Alta Smith, Lot 115, Lenox Add ................ 'Ralph & Alta Smith, Lot 116, Lenox Add ...._......... August If. Smith, Lot 117, IA-nox Add August H. Smith, Lot 118, Lenox Add .... Cletus & Dot. Cox, Lot 1-119, Lenox Add ............ Cecillia b: Ka,.,,, I,t,t 2 IN, Lenox Add ............ I......... :illia T•;. Kass, Lot 120, -A,nox Add 'illia E. Kass, Lot 121, Rnox Add 167.65 153.00 116.79 49.50 2.5.12 13.41 5.99 0.55 585 15.95 22.35 43.60 91.35 211.78 204.68 195.88 187.31 105.64 5374 26.13 16.96 9.72 14.29 23.25 74.85 132.18 33285 46.00 204.08 29151 Cecillia E. Kass, Lot 122, Lenox Add .................. ..... 98.54 Will. ,i. Minnie Davis, Lot 123, Lenox Add ................ 46.69 Elmer J. & Mae Lynch, Lot 124, Lenox Add ............... 26.46 Grace Ryan, Lot 125, Lenox Add...................................... 11.66 Grace Ryan, Lot 126, Lenox Add...................................... .John G. & Sylvia B. Ewert, 0.69 Lot 104, Lenox Add ....... 15.02 Ralph & Alta Smith, Lot 103, Lenox Add .................... 40.65 'Ralph & Alta Smith, Lot 102, Lenox Add ................ 70.15 Wilbur & Dot Brandenburg, Lot 98, Lenox Add .......... 14.20 Ralph & Alta Smith, Lot 97, Lenox Add ................ 209.75 Ralph & Alta Smith, Lot 96, Lenox Add ................ 227.86 'Wilbur & Dot Branden- burg, Lot 95, Lenox Add .. 102.00 Wilbur & Dol Brandenburg, Lot 94, Lenox Add ......... 21.25 *Wilbur & Dot Branden- burn, Lot 93, Lenox Add .. 130.75 'Anna Mae Conlon, Lot 92 Lenox Add ........................ 130.00 *Anna telae Conlon, Lot 91, Lenox Add ........................ 116.50 'Maurice B. & Irene Howes, Lot 90, Lenox Add .......... 63.00 Claude J. & LaVon Kifer, Lot 590, Lenox Add ........ 137.35 Claude J. & LaVon Kifer, Lot 589, Lenox Add ........ 115.68 Carl Al. & Helen Hirsch, Lot 588, Lenox Add ........ 141.86 Carl M. & Helen Hirsch, Lot 587, Lenox Add ........ 163.57 Kenneth J. Schlung, Lot 586, Lenox Add ................ 179.98 Robert Schultz, Lot 585, Lenox Add ........................ 61.67 Margaret Hiker, Lot 584, Lenox Add ....................... 29.59 Margaret Hiker, Lot 583, Lenox Add ........................ 7.10 George W. & Catherine H. Lamour, Lot 1-582, Lenox Add.................................... 3.00 ,John C. & Emma Jean Stef- fen, Lot 2.582, Lenox Add.................................... 2.17 John C. & Emma Jean Stef. fen, Lot 578, Lenox Add .. 287.92 John C. & Emma Jean Stef- fen, Lot 579, Lenox Add .. 232.29 Robert T. & Cecilia Schiltz, l.ut 580, Lcnox Add ........ 213.39 itobert T. & Cecelia Schiltz, Lot 5,81, Lenox Add ........ 331.38 406 Regular Session, November 5, 1962 Alva W. & Ellen S. Ford, Dubuque: Lot 87, Lenox Add .......... 243.86 *Alva W. & Ellen S. Ford, Flynn, Lot 432, Lenox Lot 88, Lenox Add .......... 214.00 Carl M. & Helen Hirsch, *Thomas C. & Marcella M. Lot 89, Lenox Add ........ 289.90 Alvin A. & Carol F. Ander- 69.50 son, Lot 53 Lenox Add .. 172.56 Alvin A. & Carol F. Ander- 116, Lenox Add ................. son, Lot 54, Lenox Add .. 151.59 Kenneth M. & Esther Van- 102, Lenox Add . .............. berbilt, Lot 55, Lenox 135.55 Add...................................... 168.32 Carl & Helen Hirsch, Lot *Wilbur & Dot Branden- 56, Lenox Add .................. 88.58 Carl & Helen Hirsch, Lot *Anna Mae Conlon, Lot 92, 57, Lenox Add .................. 54.94 Christine & Otis H. Fried- 30.05 lein, Lot 58, Lenox Add .. 26.04 Roy M. & Jeannette Laufen- *Maurice B. & Irene Howes, berg, Lot 59, Lenox Add .. 6.08 Raymond & Madeline Papin, *Alva W. & Ellen S. Ford, Lot 49, Lenox Add ........ 89.37 Raymond & Madeline Papin, Lot 50, Lenox Add .......... 245.84 Edward & Mercedes Gil. gann, Lot 51, Lenox Add.. 202.38 Edward & Mercedes Gil- gann, Lot 52, Lenox Add.. 245.42 Dorance E. & Louise B. 212.01 Cox, Lot 2, Lenox Add .... 157.95 Dorance E. & Louise B. Cox, Lot 3, Lenox Add .... 153.06 Marg't Vollenweider, Lot 4, Lenox Add .................... 186.34 Floyd & Lulu Huls, Lot 5, Lenox Add ........................ 167.80 Raymond & Madeline Papin, Lot 6, Lenox Add ............ 70.01 Helen B. & Chas. W. Calla- han, Lot 7, Lenox Add .. 40.79 Helen B. & Chas. W. Calla- han, Lot 8, Lenox Add .. 21.25 Raymond & Madeline Papin, Lot 9, Lenox Add ............ 6.77 Kenneth O. Hostetter, etal, Lot 4, Austin Sub ........ 103.24 C. W. & Christina Richard, Lot 5, Austins Sub ............ 241.05 Van Buren Stret from University to Drexel Avenue with Bituminous Concrete Surfacing. Grace Van Wie, Lot 6, Aus- tin Sub . ............................$230.44 Robert L. & Diana Durkin, Lot 7, Austins Sub. ........ 77.11 Otto L. & Sylvia E. Peacock, Lot 8, Austin Sub........... 54.92 Wm. T. Weland, Lot 9, Austin Sub . .................... 21.38 Geo. P. & Virgin. Hinkel, Lot 1.10, Austins Sub..... 265.01 Otto L. & E. Peacock, Lot Dubuque: 2-10, Austins Sub ............. 20.83 John J. & Jack M. Kenkel, Flynn, Lot 432, Lenox Lot 11, Austins Sub......... 281.14 Florence M. Schweikert, *Thomas C. & Marcella M. Lot E. 12'6"-12, Austins Flynn, Lot 431, Lenox Sub. .................................... 69.50 Frank J. & Edith Schwind, *Ralph & Alta Smith, Lot Lot W. 37'6"-12, Austins 116, Lenox Add ................. Sub ....................................... 206.38 Frank J. & Edith Schwind, 102, Lenox Add . .............. Lot E%-13, Austin Sub... 135.55 Charles D. & Mildred M. burg, Lot 95, Lenox Add. Parkins, I.ot 1 -WA -13, *Wilbur & Dot Branden- Austin Sub . .................... 103.56 Donald J. & Mary J. Kubitz, *Anna Mae Conlon, Lot 92, Lot 2-W.%-13, Austins Lenox Add ......................... Sub. .................................... 30.05 Charles D. & Mildred Park- Lenox Add ......................... ins, Lot 1-14, Austins *Maurice B. & Irene Howes, Sub ....................................... 178.73 Donald J. & Mary J. Kubitz, *Alva W. & Ellen S. Ford, Lot 2-14, Austin Sub..... 65.35 Viola McPoland Cupps, Lot 594, Lenox Add ................. 241.78 Veronica & John M. Henkel, Lot 555, Lenox Add......... 119.6a Independent School District of Dubuque, Lot 1-1-1, Hy- att Place ............................ 212.01 $12,365.74 *Deficiencies to be paid by City of Dubuque: *Thomas C. & Marcella M. Flynn, Lot 432, Lenox Add. .................................... 78.90 *Thomas C. & Marcella M. Flynn, Lot 431, Lenox Add. .................................... 39.81 *Ralph & Alta Smith, Lot 116, Lenox Add ................. 10.58 *Ralph & Alta Smith, Lot 102, Lenox Add . .............. 19.03 *Wilbur & Dot Branden- burg, Lot 95, Lenox Add. 141.49 *Wilbur & Dot Branden- burg, Lot 93, Lenox Add. 80.84 *Anna Mae Conlon, Lot 92, Lenox Add ......................... 54.63 *Anna Mae Conlon, Lot 91, Lenox Add ......................... 22.45 *Maurice B. & Irene Howes, Lot 90, Lenox Add. ........ 119.24 *Alva W. & Ellen S. Ford, Lot 87, Lenox Add. ........ 9.67 $12,942.19 Excavation (Unclassified) 2428 cu. yds. Cu' $.80....$1,942.40 1% Bituminous Concrete - binder 540.55 tons C,, 7.15 .................................. 3,864.93 Rel;ular Session, No vernher 5, 1,962 407 1" Bituminous Concrete - surface 497.40 tons (re 7.15 _........................... 3,556.41 Tack Coat MC -0 1875 gals. Cn .20 ... _ .................. ... 375,00 Manholes or gratesiraised or lowered 9 no. of (h 25.00 ............ 225.0(1 sr4" stabilized rolled stone base 1986.18 tnos 61 2.20 4.369.60 Total Cost ..... $14,333.34 *Less City Share 2,318.95 Assesable amount . . $12,014,41 75, extra expense ........ 841.01 5% interest -52 days.... 86.77 Total Assessable Amt. $12,942.19 All of which is assessed in pro- portion to the special benefits con- ferred. Brown Avenue from the West Property Line of University Ave. to the south property line of Van Buren Street with Bituminous Con- crete Paving. Joseph N. & Eliz. Reuter, Lot 13, Lenox Add. _. .$ 8.62 Howard & Marie Hulls, Lot 14, Lenox Add. ._ ..... ..... 14.35 Rudy J, & Bernadine C. Schrandt, Lot 15, Lenox Add. .... .......... 24.7 Rudy J. & Bernadine C. Schrandt, Lot 16, Lenox Add. . _... .. . _ ....... 53. May 11. Wilson, Lot 17, Lenox Add. ...... .. .. .. 97.3 Sam A. Wilson, Lot 18, Lenox Add. ............ .... 256.5 John William Isborn, Lot 19, Lenox Add. ..... 256.. John William Isborn, Lot 20, Lenox Add. ............... 97.3 William Kaiser, Lot 21, Lenox Add. ........................ 53.0 John C. & Ida C. Nauman, Lot 22, Lenox Add. ........ 30.2 Vincent & Mabel T. Schmitt, Lot 2:3, Lenox Add. 13.1 Jacob & Bertha Schmitt, Lot 24, Lenox Add. 8.1 Mettel Realty & Inv. Co., Lot 45, Lenox Add. 3,' Mettel Realty & Inv. Co., Lot 44, Lenox Add . .. 14.' Mettel Realty & Inv. Co., I.ot 43, Lenox Add. . 24. Mettel Realty & Inv. Co., Lori 42, Lenox Add. . , ... 53. Alvin G. & Florence F. Dry- er, Lot 41. Lenox Add. . 97.? O'Neil Odena O'Harran, Lot 40, Lenox Add. .............. 256.513 *John William Isborn, Lot 39, Lenox Add . ................ 234.90 John William Isborn, Lot 38, Lenox Add . ................ 97.32 Laura E. Hohman, Lot 37, Lenox Add ........................ 53.09 1lettel Realty & Inv. Co., Lot 36, Lenox Add......... 27.35 Mettel Realty & Inv. Co., Lot 35, Lenox Add......... 11.29 Mettel Realty & Inv. Co., Lot 34, Lenox Add......... 10.04 William L. & Rita McDon- ough, Lot 33, Lenox Add. 1.03 Carl M. & Helen Hirsch, Lot 56, Lenox Add. ....... 8.62 Carl M, & Helen Hirsch, Lot 57, Lenox Add. ........ 43.66 Christine & Otis H. Fried- lein, Lot 58, Lenox Add... 97.32 Rov & Jeanette Laufenberg, Lot 59, Lenox Add. ........ 256.58 'F;liz Fitzgerald, Lot 60, Lenox Add ......................... 244.90 Irvin G. & Lorene L. Nie- haus, Lot 61. Lenox Add. 97.32 Regina M. Gussman, Lot 62, Lenox Add ......................... 53.09 William H. & Shirley L. Bersley, Lot 1.63, Lenox Add. .................................... 24.77 William H. & Shirley L. 8 Bersley, Lot 2-63, Lenox Add. .................................... 2.64 William 11. & Shirley L. 09 Bersley, Lot 64, Lenox Add. ................................... 11.13 2 Mettel Realty & Inv. Co., Lot 65, Lenox Add........ 11.00 8 William E. & Sarah Blake- man, Lot 66, Lenox Add. 1.19 58 Alva W. & Ellen S. Ford, Lot 88, IA nox Add. ........ 29.66 2 Alva W. & Ellen S. Ford, but 87, Lenox Add. ...... 214.27 9 Ralph A. & Margaret Du- pont, Lot 86, Lenox Add. 2.56.58 1 Ralph A. & Margaret Du- pont, Lot 85, Lenox Add. 97.32 0 Vincent P. & Betty A. Goed- ert, Lot 134, Lenox Add..... 53.09 1 Vincent P. & Betty A. Goed- ert, Lot 1.83, Lenox Add. 18.31 L2 William F. & Louise 11. Kor- man, Lot 2-83, Lenox Add. 2.22 35 William F. & Louise M. Kor- man, Lot 82, Lenox Add, 12.64 77 William F. & Louise M. Kor- man, Lot 81, Lenox Add. 14.06 Oe3 William & Louise M. Kor man. Lot 80, 1,vriox Add. 2.77 $3,350.64 406 Regular Session, November 5, 1962 Deficiencies to be paid by City: *John William Isborn, Lot Bersley, I.ot 1-63, Lenox 39, Lenox Add . ................ 21.68 *Eliz. Fitzgerald, I.ot 60, William H. & Shirley L. Lenox Add ........ ................ 11.68 $ 33.36 $3,384.00 Excavation (Unclassified) 928 cu. yds. Ci 0.80 742.40 14z" Bituminous Concrete - 128.25 binder 138.70 tons 01, 7.15 ................................. 991.70 1" Bituminous Concrete - surface 102.50 tons a. 182.31 7.15 .................................. 732.88 Tack Coat MC -0 475 gals. 182.31 C& .20 ................................ 95.00 Manholes or grates to be 182.31 raised or lowered 1 no. of @ 25.00 ....................... 25.00 ?a" stabilized rolled stone 182.31 base 407.85 tons 01 2.20 897.27 Extra work lump .... ...... 74.50 Total Cost ................. $3,55875 *Less City Share ......... . 417.34 Assesable amount ......53,141.41 7% extra expense ._ .. 219.90 5%-52 days interest .... 22.69 Total Assessable Arlt.. -*:;.384.00 All of which is assessed in pro- portion to the special benefits con- ferred. Beverly Street from the south property line of Van Buren Street to the west end of the street w;th bituminous concrete paving. Roy M. & Jeannette Laufen- berg, Lot 59, Lenox Add ..$180.17 Christine & Otis H. Fried. lein, Lot 58, Lenox Add .. 171.06 Carl M. & Helen Hirsch, Lot 57, Lenox Add .......... 159.49 Carl M. & Helen Hirsch, Lot 56, Lenox Add .......... 145.61 Kenneth M. & Esther Van- berbilt, I.ot 55, Lenox Add...................................... 128.36 Alvin A. & Carol F. Ander. son, Lot 54, Lenox Add .. 106.58 Alvin A. & Carol F. Ander. son, Lot 53, Lenox Add .. 112.68 Eliz Fitzgerald, Lot 60, Len. oxAdd ................................ 182.32 Irvin G. & Lorene L. Nie- haus, Lot 61, Lenox Add. 182.32 Regina S. Gussman, Lot 62, Lenox Add ........................ 182.32 William H. & Shirley L. Bersley, I.ot 1-63, Lenox Add.................................... 182.32 William H. & Shirley L. Bersley, Lot 2-63, Lenox Add...................................... 21.63 Williarn It. & Shirley L. Bersley, Lot 64, Lenox Add...................................... 128.25 Mettel Realty & Inv. Co., Lot 65, Lenox Add ........ 182.31 William E. & Sarah Blake- man, Lot 66, Lenox Add .. 182.31 William E. & Sarah Blake- man, Lot 67, Lenox Add .. 182.31 Marjorie B y r n c, Lot 68, Lenox Add ........................ 182.31 Eugene K. & Virginia J. Sand, Lot 69, L e n o x Add..................................... 182.31 Leo C. & Janaan Milcoff, Lot 70, Lenox Add ........ 182.31 Mettel Realty & Inv. Co., Lot 71, Lenox Add ........ 161.35 Mettel Realty & Inv. Co., Lot 72, Lenox Add ........ 161.35 O'Neil O d e n a O'Harran, Lot 40, Lenox Add ........ 182.31 Alvin G. & Florence E. Dryer, Lot 41, Lenox Add ...................................... 182.31 Mettel Realty & Inv. Co., Lot 42, Lenox Add. ........ 182.31 Mettel Realty & Inv. Co., Lot 43, Lenox Add ............ 182.31 Mettel Realty & Inv. Co., Lot 44, Lenox Add ........ 182.31 Mettel Realty & Inv. Co., Lot 45, Lenox Add ........ 182.31 Raymond & Madeline Papin, Lot 46, Lenox Add ........ 182.31 Raymond & Madeline Papin, Lot 47, Lenox Add ........ 182.31 Raymond & Madeline Papin, Lot 48, Lenox Add ........ 182.31 Raymond & Madeline Papin, Lot 49, Lenox Add ........ 182.31 John William Isborn, Lot 39, Lenox Add ................ 182.31 John William Isborn, Lot Lot 38, Lenox Add ............ 182.31 Laura E. Hohman, Lot 37, Lenox Add ........................ 182.31 Mettel Realty & Inv. Co., Lot 36, Lenox Add ........ 221.79 Mettel Realty & Inv. Co., Lot 35, Lenox Add ........ 146.90 Mettel Realty & Inv. Co., Lot 34, Lenox Add ........ 182.31 William L. & Rita McDon- ough, Lot 33, Lenox Add. .................................... 182.31 Francis Burton Hohman, Lot 32, Lenox Add ........ 182.31 Regular Session, november 5, 1962 409 Willis J. & Laura J. Noel, Lot 31, Lenox Add ....... 182.31 Roger L. & Carol J. Cornell, Lot 30, Lenox Add 182.31 Ernest & Mabel Tischauser, Lot 29, Lenox Add ........ 251.11 $7,201.05 Excavation (unclassified), 1963 cu. yd. w 0 80 ., ...$1,570 40 11ie bituminous concrete - binder 293.10 tons Cn 7.15 ................................. 2.095.66 1" bituminous concrete - surface 212.70 tons 0 7.15 ............................... 1,520.80 Tack coat MC -0 925 gals. (a .20 .............................. 185.00 Manholes or grates to be raised; lowered 3 no. of 0 25.00 ........................... 75.00 3-4" stabilized r o 11 e d stone base 1796.59 tons 612.20 ......................... _ ... 3,952.50 Total cost ..................... _$9,399.36 *Less city share ........... 2,714.53 Assessable amount .....$6,684 83 7% extra work ............. 46791 5% - 52 days interest .. 48.28 Total assessable amount ............................$7,201.05 All of which is a,sessed in pro- portion to the special benefits con- ferred. McPoland Avenue from Pennsyl- vania Avenue to Van Buren Street with Bituminous Concrete Paving. Mettel Really & Inv. Co.. Lot 1.554, Lenox Add. ....$216.20 Leo & Joan Neuses, Lot 555, Lenox Add ......................... 184.70 Henry V. & Eleanor Rath, Lot 556, Lenox Add........ 184.70 Max & Hazel Edwards, Lot 557, Lenox Add. _ .............. 184.70 Max & Hazel Edwards, Lot 558, Lenox Add . ............ 184.70 Thomas L. & Kathryn M. Gavin, Lot 559, Lenox Add . ................................... 184.70 Irwin M. & Maureen F. Neu- ses, Lot 560, L(nox Add. .................................... 184.70 Laura M. Speak, I.ot 561, Lenox Add. .... .... 184.70 Laura M. Speak, Lot 562, Lenox Add . .................... 184.70 Laura M. Speak, Lot .563, Lenox Add. 184.70 Joseph Bradley, Lot 564, Lenox Add. _ .... ...... .......... 184.69 Joseph Bradley, Lot 565, Lenox Add ............ ....... State Surety Co,, Lot . 566 184.69 Lenox Add ......................... 184.69 State Surety Co., Lot 567, Lenox Add ........................ 184.69 'Harold T. & Grace Wind. ers, Lot 568, Lenox Add,.. 104.50 'Harold T. & Grace Wind. ers, Lot 50, Lenox Add... 104.50 *Rhetta Edwards, Lot 570, Lenox Add ........................ 96.86 *Clarence J. Jr. & Ida Mae Hagge. Lot 571, Lenox Add. .................................... *William P. & Lorraine A. 90.50 Fransen, I.ot 572, Lenox Add. ....................... 88.75 *Vincent P. & Quinta M. Jestice, Lot 573, Lenox Add. .................................... 85.75 *Vincent P. & Quinta M. Jestice, Lot 574, Lenox Add. .................................... 81.50 *Vincent P. & Quinta M. Jestice. Lot 575, Lenox Add. . .1 ...... 11 .... I....... 131.42 'Vincent P. & Quinta M. ,Iestice, Lot 576, Lenox Add. .................................... 90.50 *Vincent P. & Quinta M. ,Iestice, Lot 577, Lenox Add. .................................... 76.36 John C. & Emma Jean Stef- fen, Lot 578, Lenox Add. 209.66 John C. & Emma Jean Stef- fen, Lot 579, Lenox Add. 33.35 George W. & Catherine H. LaMour, Lot 1.582, Lenox Add..................................... 267.24 John C. & Emma Jean Stef- fen, Lot 2.582, Lenox Add. 41.24 Margaret Hiher, Lot 583, Lenox Add ......................... 84.85 Margaret Hiher, Lot 584, Lenox Add ......................... 16.73 William R. & Ethel L. Mart- in, Lot 602, Lenox Add..... 5.01 Joseph & Florence Oberhof- fer. Lot 603, Lenox Add. 25.25 Joseph & Florence Oberhof- fer, Lot 604, Lenox Add. 60.81 Oliver H. Nagel, Lot 605, Lenox Add ........................ 104.39 Donald K. & Katherine I. O'Meara, Lot 606, Lenox Add. ................ I ....... 296.47 Arthur F Winkelhaus, 1.2-2. 1.1, Mineral Lot 256........ 883.16 Independent School District of Dubuque, 1.1.1, Hyatt Place ................................2,6$0.68 $8,226.75 410 Regular Session, November 5, 1962 *Deficiencies to be paid by City of Dubuque: *Harold T. & Grace Wind- ers, Lot 568, Lenox Add. 80.19 *Harold T. & Grace Wind. ers. Lot 569, Lenox Add. 80.19 *Rhetta Edwards, Lot 570, Lenox Add ......................... 87.83 *Clarence J. Jr. & Ida Mae Hagge, Lot 571, Lenox Add. .................................... 94.19 *William P. & Lorraine 182.56 A. Fransen, L o t 572, Lenox Add ....................... 88.84 *Vincent P. & Quinta M. 223.08 Jestice, Lot 573, Lenox Add...................................... 80.01 *Vincent P. & Quinta M. 223.08 Jestice, Lot 574, Lenox Add...................................... 68.42 *Vincent P. & Quinta NI. 223.08 Jestice, Lot 576, Lenox Add..................................... 14.63 $8,821.05 Excavation (unclassified), 3063 cu. yds. rf .80 ....52,450.40 lY2" bituminous concrete - binder 286.35 tons n' 7.15 .................................. 2,047.40 1" bituminous concrete - surfacing 251.09 tons 0-i 7.15 .................................. 1,795.29 Tack coat HC -0 1100 gals. (h) .20 .................................. 220.00 Manholes or grate ;/raised or lowered 5 no, of Gr 25.00 ................................ 125.00 3/4" stabilized rolled stone base 3293.71 tons a 2.20 .............................. 7.246.17 Total cost ....................$13,884.26 *Less city share ................ 5,695 56 Assessable amount ........$8,I88.70 7% extra expense ........ 573.21 5% interest - 52 days .. 59.14 Total asses sable amount ............................$8,821.05 All of which is assessed in pro- portion to the special benefits con- ferred. Mineral Street from the west prop- erty line of McCormick Street to the west property line of Lot 1 of Block 12 of Steger Heights with bituminous concrete paving. James A. & Donna M. Schute, Lot S E. 85'-P7, Finley Waples & Burton-, Add......................................$182.56 William L. & Rosella King- sley, Lot N.W. 60'-87, Fin- ley Waples & Burtons Add................................... 40.52 William I,. & Rosella King- sley, Lot N.W. 60'-86, Fin. ley Waples & Burtons Add.......... ....... ._.,.._......... 40.52 Clarence & Arlene Hoch- berger, Lot S.E. 85'-86, Finley Waples & Burtons Add ...................................... 182.56 Clem & Lorraine Aird, Lot 85, Finley Waples & Bur tons Add ............... .......... 223.08 Clifton S. & Goldie A. Maas, Lot 84, Finley Wap - les & Burtons Add ........ 223.08 Richard C. & Jeanette S. Dempsey, Lot 83, Finley Waples & Burtons Add .. 223.08 Annas A. & Thelma J. Oakley. Lot 82, Finley Waples & Burtons Add .. 223.08 Clarence K a u n e. Lot 81 Finley Waples & Burtons Add.................................... 223.08 Iowa Seventh Day Advent- ist Assn., Lot S. 66'-88 Finley Waples & Burtons Add .................................... 162.77 Ernest & Bernadette Lev- enberger, Lot N. 79'-88, Finley Waples & Burtons Add...................................... 60.31 Ernest & Bernadette Leven- berger, Lot N. 79'-89, Fin- ley Waples & Burtons Add. .................................... 60.31 Iowa Seventh Day Adventist Assn., Lot S. 66'-89, Fin- ley Waples & Burtons Add. .................................... 162.77 Thomas J. & Lois G. Trilk, Lot 90, Finley Waples & Burtons Add ................ 223.08 Wolf & Jenny Berk, Lot 91, Finley Waples & Bur- tons Add ............................ 223.08 Veryl 11. & Jeannette S. Junk, Lot 92, Finley Wap - les & Burtons Add ..............223.08 William 11. & Francis K. Paisley, Lot 1.93, Finley Waples & Burtons Add .. 245.38 William G. & Beatrice I. Slroupe Lot 2-93, Finley Waples & Burtons Add .. 104.94 R. V. Hardin, I.ot 72, Fin- ley Waples & Burtons Add .................................. 170.11 William F. & Lois M. Bub- litz, Lot 1-73, Finley Wap - les & Burtons Add ....... 170.11 Regular Session. Novetnlx-r 5, 1962 411 Charles M. & Gwendolyn V. Glasson, Lot 1-74, Finley Waples & Burton, Add................ .......................... 170.11 Melvin R. & Mary Lou A. Runde, Lot 2-75, Finley Waples & Burtons Add .. 170.11 Mettel Realty & Inv. CO., Lot 76. Finley Waples & Burtons Add ....*............... 170.11 Robert F. & Adele Clemens, Lot 1-77, Tinley WaPles & Burtons Add ............... 170.11 Donald G. & Claren L. A. Schroeder, I.ot 1.1.71, Fin- ley Waples & Burtons Add ...................... 69.31 Thomas M. & Mildred C. O'Toole, Lot 2-1.71, Fin. ley Waples & Burtons Add...................................... 153.77 University of Dubuque, Lot 2.71, Finley Waples & Burtons Add ................... 14.0 Donald G. & Claren L. A. Schroeder, Lot 1-1.1.70, Finley Waples & Burtons Add...................................... .b Thomas & Mildred O'Toole, Lot 2-1.1.70, Finley WaP- les & Burtons Add ....... 106.1 Frank M. & Lucille Kelly, Lot 2.1-70, Finley Waples & Burtons Add ................ 72.5 University of Dubuque, Lot 2-70, Finley Wap14s & Burtons Add 1. Frank M. & Lucille C. Kelly, Lot 69, Finley Waples & Burtons Add ......... 214 Frank M. & Lucille C i.rllk, Lot 2-1-68, Finley Wapies & Burtons Add ............... 12. Richard V. & Ruth M. Kau - sal, Lot 1-1-68, Finley Wa- ples & Burtons Add. ...... 162. Wilford R. & Madge E. Mus- grave, Lot 268, Finley Waples & Burtons Add.... 20. Ernest E. & Verna V. Hag- strom, Lot 17, Steger ............................. Heights 2 Robert J. & Nadene F. Bow- en, Lot 1.18, Steger Heights .............................. 29 Mary R. Cretzmeyer, Lot 2- 18, Steger Heights ............ Mary R. Cretzmeyer, Lot I- 1, Steger heights ........-.. 157 lard V. & Ruth Mary aural, Lot 2-19, Steger [eights 1 Wilford R. & Madge Mus. grave, Lot 1-2-1.1.1.1, Pry ' si Farm .............................. 334.54 Richard V. & Ruth Kausal, Ia)t 2-2-1-1.1-1, Prysi Farm 48.77 University of Dubuque, Lot 1.1, Caines Sub. No. 2..... 87.76 Donald D. & Helen Roth, I.nt 2-2-51, Finley Waples & Burtons Add ................. 22.62 Donald D. & Helen Roth, Lot 2-2.52, Finley Waples & Burtons Add ................. 22.62 David L. & Luella Brauhn. Lot 1-2-51, Finley Waples & Burtons Add. ................ 54.25 David L. & Luella Brauhn, Lot 1.2.52, Finley Waples & Burtons Add ................ 54.25 Wendell W. & Rills Carter, Lot 1.51, Finley Waples & Burtons Add . .................... 146.21 Wendell W. & Rilla Carter, 2 Lot 1.52, Finley Waples & Burtons Add ................. 146.21 Donald E. & Mary Moore, Lot 1-53, Finley Waples 1 & Burtons Add ................. 211.02 Elwyn G. Hein & Juanita Rein Robey, Lot 1.2-53, 1 Finley Waples & Burtons Add. .................................... 1,3.27 Elwyn G. Rein & Juanita 7 Hein Robey, Lot 2-2-53, Finley Waples & Burtons Add....... ..... ................... 0.46 47 Leroy H. & Delores M. Bochlke. Lot 1.50. Finley Waples & Burtons Add..... 70.68 Hobert John & Janet S. 4! Weitz, Lot 250, Finley Waples & Burtons Add..... 21.29 Robert John & Janet S. 03 Weitz, Lot 1.49, Finley Waples & Burtons Add..... 133.47 Leroy Ii. & Delores M. 45 Bochlke, Lot 2-49, Finley Waples & Burtons Add..... 26.70 John F. & Alice Burds, Lot 47 48, Finley Waples & Bur, tuns Add ............................ 223A8 Albert E. & Elsie E. Holz, .25 Lot 47, Finley Waples &223.08 Burtons Add .................. Mildred C. Koenig, Lot 80, .111 Finley Waples & Burtons 223-08 Add. ................................ 4.27 Walter R. & Bernice M. Knockle, Lot 1.79, Finley .17 Nv.kples & Burtons Add..... 2.93 Artinr I ley Waples &Burtons . ................. 142.98 Add6.59 ................. 412 Regular Session, November 5, 1962 _ _ Lawrence J. & Madeline M. Ruden, Lot 1-1-78. Finley Waples & Burtons Add..... 9.75 Robert & Adele Clemens, Lot 2-1-78, Finley Waples & Burtons Add ................. 58.45 Arthur M. Kaehr, Lot 2-78, Finley Waples & Burtons Add . .................................... 103.67 Edmond F. & Eizabeth Ann O'Neill, Lot 10, East St. Sub . .................................... 264.03 Charles L. & Helen Egelhof, Lot 9, East St. Sub ........... 18.97 Robert H. & Ruth Konnen, Lot 7, East St. Sub........... 148.98 Mary G. Sisler, Lot 6, East St. Sub . .............................. 160.95 Donald & Mary Sisler, Lot 1, East St. Sub ................... 315.47 Anthony W. & Monica C. Kohl, Lot 2, East St. Sub. 73.84 Elwyn G. Hein & Juanita H. Robey, Lot 1, Kampman's Sub . .................................... 241.14 Elwyn G. Hein & Juanita H. Robey, Lot 2, Kamp - man's Sub. ........................ 84. 83 Elwyn G. Hein & Juanita H. Robey, Lot 3, Kamp - man's Sub ........................... 15.71 William E. & Beatrice I. Stroupe, Lot S.E. 119.65'. 1-2.1-1-2.152, Finley Wa- ples & Burtons Add......... 56.92 William E. & Beatrice 1. Stroupe, Lot 2.1, Mineral Lot 249 ................................ 102.49 William E. & Beatrice 1. Stroupe, Lot 2-1-1.1-1.1 Correction Plat Prysi Farm.................................. 6.91 $8,998.07 Excavation (unclassified) 2515 eu. yde. @ 0.80 ....$2,012.00 I%" bituminous concrete -binder 512.18 tons (& 7.15 .................................. 3,662.08 1" bituminous concrete - surface 374.84 tons @ 7.15 .................................. 2,680.11 Tacit coat MC -O 1450 gals. @ .20 .............................. 290.00 Manholes or grates to be raised/lowered 12 no. of @ 25.00 .................... 300.00 s/4" stabilized rolled stone base 1429.97 tons Cay 2.20 .................................. 3,145.93 Total cost ..........................$12,090.12 *Less City share ...... .,.... 3,737.09 Assessable amount ......... $8.353.03 7% extra expense ............ 584.71 5%-52 days interest ...... 60.53 Total assessable amount ..$8,998.07 All of which is assessed in pro- portion to the special benefits con. ferred. Douglas Street from the east prop- erty line of Walsh Street to the west property line of College Street with Bituminous Concrete Paving. William Al. & Jeanette C. Whelan, Lot 1 -Sub. Lots 8-9-10-11-12, College Sub ... $127.85 William M. & Jeanette C. Whelan, Lot W.2'-2 Lots 8.9-10-11.12, College Sub... 5.82 Walter B. & Joyce H. Somers Lot E.41.5'-2 Lots 8.9-10- 11-12, College Sub. .......... 120.60 Walter B. & Joyce H. Somers Lot W.3.5'-3 Lots 8-9.10- 11-12, College Sub. .......... 10.16 Julia Heuser, Lot E.40'-3 Lots 8.9.10.11-12, College Sub . .................................... 116.24 James R. Mai, Lot 4 Lots8-9- 10-11-12, College Sub......... 126.40 Rosco Thomas, Lot 5, Lots 8-9-10.11-12 College Sub. 126.40 Clyde L. & Esther Palmer, Lot 6, Lots 8-9-10-11-12 College Sub . ...................... 126.40 Herman & Gert. E. Reich- mann, Lot 7, Lots 8.9-10- 11-12, College Sub ............. 126.40 Mildred G. Norman, Lot 13, College Sub . ...................... 145.29 Mildred G. Norman, etal, Lot 1-14, College Sub. .... 127.27 Mildred G. Norman, Lot 2-14 College Sub . ...................... 18.01 Mildred G. Norman, Lot 15, College Sub . ...................... 153.72 Ben P. & Margaret C. Klauer Lot 1, Sunnyside Add..... 119.67 Merlin J. & Lucy Tanner, Lot 2, Sunnyside Add..... 131.25 Howard F. Higley, etal., Lot 3, Sunnyside Add ............. 137.30 Raymond A. & Lucille Hird, Lot 1 -Sub. of 4 & 1.5, Sunnyside Add . ................ 137.02 Frank A. & Theresa Kari- gan, Lot 2 -sub. of 4 & 1-5, Sunnyside Add . ................ 133.26 11. Clinton & Eleanor K. Nichols, Lot 2.5, Sunny- side Add ............................. 6.81 Regular Session, November 5, 1962 413 Ben 1'. & Margare 33 64 er, Lot 1.16, Sunnys de 62 cu. yds It 0.80 ............$ Add. 1.01 Ben P. & Margaret C. Klau- binder, 80.40 tons 0 er, Lot 2.16, Sunnyside 878.52 Add. . ............................ 31.6' Anthony H. & Florence surface, 41.90 tons Eberl. Lot 1.17. Sunny- 918.85 side Add. .. _ ....... .......... 61.12 Ben P. & Margaret C. Klau- 15.00 er, Lot 2.17, Sunnyside Manholes or, grates to be Add. 34.63 .................................... Anthony H. & Florence 25.0( Eberl, Lot 18, Sunyside 3 4" stabilized r o l l e d Add. .............................. 96.02 H. Clinton & Eleanor Nich- 255.0( ols, Lot 1-6, Sunyside Extra Work Lump ....... Add ... _ ...... 33 64 $2,253.95 62 cu. yds It 0.80 ............$ lkx" bituminous concrete 1LI" bituminous concrete binder 122.87 tone Ct binder, 80.40 tons 0 7.15 ..................................$ 878.52 1" bituminous concrete. I" bituminous concrete surface 128.51 tons (a surface, 41.90 tons 7.15 ... ............... 918.85 Tack coat RC -1, 50 gals. 'Pack coat MC -0, 225 gals. (u .30 ............................ 15.00 Manholes or grates to be Manholes or, grates to be raised/ lowered. 1 no. of raised/ lowered, 2 no. of (a 25.00 ....................... . 25.0( Concrete removal & re- 3 4" stabilized r o l l e d place w-8" concrete, 17 stone base, 216. 41 tons :y. yd. c, 15.00 .. 255.0( $2,092.37 "Less City share .. 0.00 Assessable amount .......$2,092.37 7% extra expense 146.47 5%-52 days .............. 15.11 Edwin & Evelyn M. Fang. mann, Lot 7, Morgan's Sub. .................................. 163.38 Wm. Jr. & Mary Danzer, Lot 11, Morgan's Sub..... 275.27 Anthony L. & Marvel M. Fecker, Lot 12, Morgan's Sub. ................................... 105.41 Edwin N. & Mary Hipschen, Lot 13, Morgan's Sub..... 56.67 Donald F. & Madeline A. Hanley, Lot Sub. 18.19 & 20 Fairview Sub. W.% Lot 1 iz northerly 7%' private alley ...................... 2.17 Russell E. Werner & Wil- liam H. Beck, Lot 6, Mor- gan's Sub . .......................... 249.98 Russell E. Werner & Wil- liam H. Beck, Lot 5, Mor- gans Sub ............................. 95.72 Horace & Marie Timmons, Lot 4, Morgaa's Sub......... 163.58 John Honzel, Lot W% -N. 25'•7, Yates & Pickets Sub ....................................... 1.05 Mildred M. Rhomberg, Lot E. Ua- N. 25'-7, Yates & Pickets Sub . ..................... 3.46 John A. Eisenegger, Lot S. 119'•7, Yates & Pickets Sub....................................... 21.46 Martin R. Jr. & Ruth E. Heen, Lot 6, Yates & Pic- ketsSub ............................. 71.79 Total assessable amount.42,253.95 All of which is assessed in pro- portion to the special benefits con- ferred. Cornell Street from the south prop- erty line of West 16th Street to the south property line of May Place with bituminous concrete paving. John Hunzel, Lot W -1,'&-W- 53'-20, Morgan's Sub. . ... 2.27 Mildred M. Rhumberg, Lot E1/e - W.53'- 20, Morgan's Sub. 7.49 Rudy & Anna Waldschmitt, Lot EAT -20, Morgan's Sub. . . ............ ....... 24.95 Myra 11. Cullen, Lot 10, Morgan's Sub. 177.21 Vuelker Realty Co., Lot W. ki-9, Morgan's Sub... 36.37 Horace & Marie Timmons, Lot 8, Morganti Sub. .. 163.38 $1,622.01 Excavation (unclassified), 62 cu. yds It 0.80 ............$ 49.60 1LI" bituminous concrete binder, 80.40 tons 0 7.15 ...................................... 574.86 I" bituminous concrete surface, 41.90 tons 7.15 299.58 'Pack coat MC -0, 225 gals. 0 .20 ................................ 45.00 Manholes or, grates to be raised/ lowered, 2 no. of „, 25.00 .............................. 50.00 3 4" stabilized r o l l e d stone base, 216. 41 tons , r 2.20 ....... ......... .......... 476.10 Extra Work Lump ....... 10.60 Total cost ............. $1,505.74 .Less city share .... 0.00 Assessable amount .. .• ••$1'505.40 5.74 7% extra expense ........ 10.87 5% - 52 days interest .... Total assessable amount ........................$1,622.01 412 Regular Session, November 5, 1962 Lawrence J. & Madeline M. 'Less City share ............ 3,737.09 Ruden, Lot 1-1-78, Finley Waples & Burtons Add..... 9.75 I Assessable amount ..........$8,353.03 Robert & Adele Clemens, ( 7% extra expense ............ 584.71 Lot 2-1.78, Finley Waples 58.45 5%,-52 days interest ...... 60.53 rt ns Add ................ at Bu o Arthur M. Keehr, Lot 2-78, Finley Waples & Burtons .......................... Add. .•.••.... 103.8? Edmond F. & Eizabeth Ann O'Neill, Lot 10, East St. ................................... Sub.. 264.03 Charles L. & Helen Egelhof, Lot 9, East St. Sub........... 18.97 Robert H. & Ruth Konnen, Lot 7, East St. Sub........... 148.98 Mary G. Sisler, Lot 6, East St. Sub . .............................. 160.95 Donald & Mary Sisler, Lot 1, East St. Sub ................... 315.47 Anthony W. & Monica C. Kohl, Lot 2, East St. Sub. 73.84 Elwyn G. Hein & Juanita H. Robey, Lot 1, Kampman's Sub. .................................... 241.14 Elwyn G. Hein & Juanita H. Robey, Lot 2, Kamp - man's Sub . ........................ 84.83 Elwyn G. Hein & Juanita H. Robey, Lot 3, Kamp - man's Sub ........................... 15.71 William E. & Beatrice I. Stroupe, Lot S.E. 119.65% 1-2-1-1.2.152, Finley Wa- ples & Burtons Add......... 56.92 William E. & Beatrice I. Stroupe, Lot 2-1, Mineral Lot 249 ................................ 102.49 William E. & Beatrice I. Stroupe, Lot 2-1.1-1-1-1 Correction Plat Prysi Farm.................................. 6.91 $8,9.07 Excavation (unclassified) 2515 cu. yds. C 0.80 ....$2,012.00 11h" bituminous concrete —binder 512.18 tons n 7.15 .................................. 3,662.08 1" bituminous concrete— surface 374.84 tons @) 7.15 .................................. 2,680.11 Tack coat MC -0 1450 gals. Ca, .20 .............................. 290.00 Manholes or grates to be raised/ lowered 12 no. of @ 25.00 .................... 300.00 3'4" stabilized rolled stone base 1429.97 tons m 2.20 .................................. 3,145.93 Total cost ..........................$12,090.12 Total assessable amount ..$8,998.07 All of which is assessed in pro- portion to the special benefits con- ferred. Douglas Street from the east prop- erty line of Walsh Street to the west property line of College Street with Bituminous Concrete Paving. William M. & Jeanette C. Whelan, Lot 1 -Sub. Lots 8-9-10-11-12, College Sub ... $127.85 William M. & Jeanette C. Whelan, Lot W.2'-2 Lots 8-9-10-11.12, College Sub... 5.82 Walter B. & Joyce H. Somers Lot E.41.5'-2 Lots 8-9.10- 11-12, College Sub. .......... 120.60 Walter B. & Joyce H. Somers Lot W.3.5'-3 Lots 8-9-10- 11.12, College Sub. .......... 10.16 Julia Heuser, Lot E.40'-3 Lots 8-9-10-11-12, College Sub. .................................... 116.24 James R. Mai, Lot 4 Lots8.9- 10-11-12, College Sub......... 126.40 Rosco Thomas, Lot 5, Lots 8-9.10-11-12 College Sub. 126.40 Clyde L. & Esther Palmer, Lot 6, Lots 8-9-10-11-12 College Sub . ...................... 126.40 Herman & Gert. E. Reich- mann, Lot 7, Lots 8.9-10- 11-12, College Sub ............. 126.40 Mildred G. Norman, Lot 13, College Sub . ...................... 145.29 Mildred G. Norman, etal, Lot 1.14, College Sub. .... 127.27 Mildred G. Norman, Lot 2.14 College Sub . ...................... 18.01 Mildred G. Norman, Lot 15, College Sub . ...................... 153.72 Ben P. & Margaret C. Klauer Lot 1, Sunnyside Add..... 119.67 Merlin J. & Lucy Tanner, Lot 2, Sunnyside Add..... 131.25 Howard F. Higley, etal., Lot 3, Sunnyside Add ............. 137.30 Raymond A. & Lucille Hird, Lot 1 -Sub. of 4 & 1-5, Sunnyside Add. .........4...... 137.02 Frank A. & Theresa Kari- gan, Lot 2 -sub. of 4 & 1-5, Sunnyside Add . ................ 133.26 H. Clinton & Eleanor K. Nichols, Lot 2.5, Sunny- side Add ............................. 6.81 Regular Se-ision, November 5, 1962 Ben I'. & Margaret C. Klau- Edwin & Evelyn M. Fang. _413 er, Lot 1-16, Sunnyside mann, Lot 7, Morgan's Add . ................. .. _ ............ 1.01 Sub. . 163.38 Ben P. & Margaret C. Klau- Wm. Jr. & Mary Danzer, er, Lot 2.16, Sunnyside Lot 11, Morgan's Sub..... 275.27 Add. .......... .................. 31.66 Anthony L. & Marvel M. Anthony H. & Florence Feeker, Lot 12, Morgan's Eberl, Lot 1.17. Sunny- Sub . ................................... 105.41 side Add. ...... _................... 61.12 Edwin N. & Mary Hipsehen, Ben P. & Margaret C. Klatt- Lot 13, Morgan's Sub..... 56.67 er, Lot 2-17, Sunnyside Donald F. & Madeline A. Add . .................................. 34.63 Hanley, Lot Sub. 18-19 & Anthony H. & Florence 20 Fairview Sub. W.% Eberl, Lot 18. Sunyside Lot 1 & northerly 7%' Add . .................................... 96.02 private alley ...................... 2.17 H. Clinton & Eleanor Nich- Russell E. Werner & Wil- ols, Lot 1.6, Sunyside liam H. Beck, Lot 6, Mor - Add . ............. ............... 33.64 gan's Sub. .......................... 249.98 Russell E. Werner & Wil - $2,253.95 liam H. Beck, Lot 5, Mor - 14s" bituminous concrete- gans Sub ............................. 95.72 binder 122.87 tone (a Horace & Marie Timmons, 7.15 ..................................$ 878 52 Lot 4, Morgan's Sub......... 163.58 1" bituminous concrete- John Honzel, Lot Wli-N. surface 128.51 tons <t 25'-7, Yates & Pickets 7.15 ........................... . 918.85 Sub..............,.....................1.. 1.05 Tack coat RC50 gals. Mildred M. Rhomberg, Lot Ca .30 ......... ............ 15.00 Manholes or grates to be E, 'i- N. 25'•7, Yates raised/lowered, 1 no. of Pickets Sub . ...................... 3.46 (u 25.00............... . (x) ....... 25. John A. Eisenegger, Lot S. Concrete removal & re- 119'-7, Yates & Pickets place w,,8" concrete. 17 Sub ....................................... 21.46 sq. yd. 01 15.00 .... ......255.00 Martin R. Jr. & Ruth E. Heen, Lot 6, Yates & Pic - $2,092.37 kets Sub ............................. 71.79 'Less City share .............. 0.00 Assessable amount . ..... $2,092.37 $1,622.01 7% extra expense .. ........ 146.47 Excavation (unclassified), 511--52 days _. 15.11 62 cu. yds Gr 0.80 ............5 49.60 ]tri" bituminous concrete Total assessable ainount..$2,253.95 . binder, 80.40 tons (a, All of which is assessed in pro- 7.15 ...................................... 574.86 Portion to the special benefits con- 1" bituminous concrete - ferred. surface, 41.90 tons Gi Cornell Street from the south prop- 7.15.......... ........................ 299.58 erty line of West 16th Street to Tack coat MC -0, 225 gals. the south property line of May ru.20................................ 45.00 Place with bituminous concrete Manholes or grates to be paving. raised/lowered, 2 no. of ,John Honzel, Lot W.kx-W. (#,25.00............................ 50.00 53'-20, Morgan's Sub. ... 2.27 3/4" stabilized rolled Mildred M. Rhomberg, Lot stone base, 216. 41 tons E'i - W.53' 20, Morgan's (ir2.20................................ 476.10 10.60 ........ .. ........ Sub. .... 7.49 Extra Work Lump ....• Rudy & Anna WWaldschinitt, $1,505.74 _ Lot E-47'-20, Morgan's Total cost ... . 0.00 Sub. _ ....... .. ........... 24.95 "Less city share ................ Myra P. Cullen, Lot 10, Assessable amount .......$1,505.74 105.40 ,Morgan's Sub. .......... 177.21 711 extra expense ........ 10.87 Voelker Realty Co., I.ot W. 511 - 52 days interest .... 4e-9, Morgan's Sub.......... 36.37 Horace & Marie Timmons, 1' u t a l assessable $1,622.01 Jul ti, Morgan's Sub. .. 163.38 amount ......................... 414 Regular Session, November 5, 1962 All of which is assessed in pro- portion to the special benefits con- ferred. ferred. Catherine Street from the south property line of West 17th Street to the north property line of West 16th Street with bituminous con. trete paving. 60.00 Russell & Emily Mulgrew. Myrtle C. Bourne, Lot 6, Lot 8, Yates Sub . ............$257.64 Gerald J. & Joan R. Hayes, C, 2.20 ............................. Lot 7, Yates Sub . ............ 102.20 Joseph J. Schuster, Lot 6, 5.00 Yates Sub . ........................ 60.98 Arthur & Gratia Erickson, 13.43 Lot 5, Yates Sub . ............ 30.11 Russell & Emily Mulgrew, Lot 4, Yates Sub . ............ 16.57 Russell & Emily Mulgrew, Lot 3, Yates Sub . ............ 12.05 Donald B. & M. Bartch, Lot 28.60 1.2, Yates Sub . ................ 5.37 Joe & Lucille Lehnen, Lot 114.18 2-2, Yates Sub ................... 1.58 Wm. E. & Marcella E. Roe, Lot 9, Yates Sub ............. 257.64 Robert J. Neuman, Lot 10, Yates Sub . ........................ 102.20 Lucille Hildebrand, Lot 11, 448.09 Yates Sub . ........................ 60.98 Lucille Hildebrand, Lot 12, Yates Sub . ........................ 30.11 Mt. C a l v a r y Cemetery Ass'n., Lot 13, Y a t e s Sub . .................................... 13.66 Ralph & Mary Jean Cigrand, Lot 14, Yates Sub ............. 11.44 Ralph & Mary Jean Cigrand, Lot 15, Yates Sub ............. 2.46 Raymond & Beatruce Grob. stock, Lot 23, Yates Sub... 274.04 Merlin J. & Edith M. Apel, Lot 24, Yates Sub ............. 102.57 Irvin Carl & Mary E. Eng. ler, Lot 25, Yates Sub..... 53.39 Carl F. & Dorothy Klaeska, Lot 26, Yates Sub ............. 24.62 Raymond P. & Catherine J. Gottschalk, Lot 27, Yates Sub. .................................... 14.75 Emma Ida Stotz, Lot 28, Yates Sub . ........................ 9.26 Loriel & Kath. Parker, Lot 22, Yates Sub . .................. 261.80 Frances E. Dvorak, Lot 21, Yates Sub ........................... 101.38 Harry W. & Mary Parker, Lot 20, Yates Sub ............. 57.80 Ernest & Esther Halverson, Lot 19, Yates Sub. ........ 27.44 Ernest & Esther Halverson, Lot 18, Yates Sub. .......... 15.09 M. C. Mai, Lot 17, Yates Sub................................ _... 11.96 Edward C. & Marlene Greve, Lot 16, Yates Sub....................................... 3.16 Lucille Hildebrand, Lot 12A, Yates Sub . ........................ 8.01 $1,930.26 Excavation inspection, 149 cu. yds. (it 0.80 ..............$ 119.20 1%" bituminous concrete binder, 73.15 tons (a 7.15 .................................. 523.02 1" bituminous concrete - ferred. surface, 50.95 tons Prysi Street from the south 7.15 .................................. 364.29 Tack coat MC -O, 300 gals. New (a 0.20 ............................ 60.00 3/4" stabilized rolled Myrtle C. Bourne, Lot 6, stone base, 329.72 tons J. S. Brunskill's Add ....... $ C, 2.20 ............................. 725.38 Total assessment ............$1,791.89 "Less City share ........... 0.00 Assessable amount ........$1,791.89 7% extra expense ....... 125.43 5% - 52 days interest .... 12.94 Total assessable amount ............................$1,930.'26 All of which is assessed in pro- portion to the special benefits con- ferred. Prysi Street from the south prop- erty line of University Ave. to the north property line of New Haven Street with bituminouscon- crate paving. Myrtle C. Bourne, Lot 6, J. S. Brunskill's Add ....... $ 2.26 Carl Breitbach, Lot 8, J. S. Brunskill's Add ................. 5.00 Carl Breitbach, Lot 9, J. S. Brunskill's Add ................. 13.43 Gerald & Doris Donovan, Lot 10, J. S. Brunskill's Add. .................................... 16.31 Gerald & Doris Donovan, Lot 11, J. S. Brunskill's Add. .................................... 28.60 Albert John Schmitt, Lot 3, Block 1 Steger Heights .... 114.18 Clarence A. & Virginia C. Siegworth, Lot 4, Block 1 Steger Heights ............ 328.60 First Church of the Naza- rene, Lot 5, Block 1 Steg- er Heights ....................... 448.09 Orla T. & Anna 1. Stamp, Lot 13, Block 12 Steger Heights .............................. 6.82 Thomas 11. & Barb. J. Johns, Lot 14, Block 12 Steger Heights.............................. 41.01 f t' Regular Session, November 5, 1962 415 *Howard S. & Lena M. Me. Shelby Street from the north prop- Carron, Lot 15, Block 12 erty line of Clarke Drive to the Steger Heights 92.84 north end of the street with bi- •Harry E. & Dorothy. F. tuminous concrete paving. Lewis, Lot 16, Block 12 Gerald W. & Mildred E. Steger Heights ............... 268.50 Juergens• Lot 2.5, L. H. Robert W. & Dorothy Wind- Langworthy Sub . ............$ 42.53 ers, Lot 2-2-1.1, Prysi Samuel J. & Lena Rath, ...... - ••••.-•••••• 93.18 Farm. .. . . H Lot 2-6, L. . Langworthy Wm. & Eileen Heming, Lot Sub . ................................... 26.58 1.1.2.1.1, Prysi Farm ...... 83.31 Samuel J. & Lena Rath, Robert W. & Dorothy Wind, Lot 1-6, L. H. Langworthy ers, Lot 2, Prysi Farm ... 248.36 Sub . .................................. 159.50 Vernon & Donna M. Davis, Samuel J. & Lena Rath, Lot 1.4, Mineral Lot 251 .. 33.06 Lot 7, L. H. Langworthy Roland & Dora I.ongeville, Sub . .................................... 186.08 Lot 2.4, Mineral Lot 251 .. 18.50 Samuel J. & Lena Rath, William & Eileen Heming, Lot S. 10'- S. 20'-8, L. H. Lot 5, Mineral Lot 251 . . 42.41 Langworthy Sub ............... 26.58 Don & Alice L., Schloe, Lot Walter L. & Clara Wiedner, 1, Block IA Steger Lot N. 10'•S. 20'-8, L. H. Heights .... •....•. • ......••• •• 23.19 Langworthy Sub . ............ 26.58 Fay Thomas Steger, Lot 2, Walter L. & Clara Wiedner, Block IA Steger Heights .. 61.66 Lot S. 48'-N. 50'-8, L. H. Langworthy Sub . ............ 127.60 $1,969.31 Harry J. & Dorothy S. Mur- phy, Lot N. T -N. 50'•8, L. 'Deficiencies to be paid by City 11. Langworthy Sub......... 5.30 of Dubuque: Harry J. & Dorothy S. Mur - •Harry E. & Dorothy F. phy, Lot 9, L. H. Lang - Lewis, Lot 16, Block 12 ............... worthy Sub....... 186.08 Steger Heights 140.53 Harry J. & Dorothy S. Mur - phy, S. 20'-10, L. H. Lang- $2,109.84 worthy Sub . ...................... 53.16 Excavation (unclassified), E. J. Pfeffer, Lot N. 50'. 84 cu. yds. Or .80 .........$ 67.20 10, L. H. Langworthy lire" bituminous concrete Sub . ................................... 132.93 - binder, 68.85 tons (a Robert J. & Marie E. 7.15 .....••• ...-•.........-••••... 492.28 Richard, Lot 1 -Sub. 11 & I" bituminous concrete N. 12-12 L. H. Langworthy - surface, 49.50 tons (r+ Sub . .................................... 124.81 J. & Marie E. 7.15 ............................. 353.92 'rack coat MC -0, 250 gals. Robert Richard, Lot 2 -Sub. 11 & (« 50.00 N. '.h-12 L. H. Langworthy, .20 ......... Manholes or g r a t e s ; Sub . .................................... 124.8 Geo. & Eliz Sebald, Lot S. raised or lowered, 1 no. %, 12 L. H. Langworthy . of (n 25.00..... ............ 25.00 Sub 3/4" stabilized r o l l e d .U•2 ................................. Geo. & Eliz Sebald, Lot 13, stone base, 410.54 tons L. H. Langworthy Sub..... 166.42 w 2,20 903.19 Extra work lump 67.00 Anna M. Scherr, Lot E. 6 L n worthy 14, L. H. a g Sub. 148.34 'final cost ........ .....$1,958.59 *Less ................................. Harry & Alvina Jacquinot, city share _ ... .00 Lot W. 28' 7"-14, L. H. _ Assessable amount ........$1,958.59 Langworthy Sub. .....• .• .• 18,05 7% extra expense ....... 137.10 Christina A. Berg, Lot E. Langworthy 5% interest - 52 days .... 14.15 65'-15, L.H. 172.64 Sub. ......... _....................... Total assessable }tarry & Aivina Jacquinot, amount .. .............$2,10984 I of W. 28'-7"-15, L. H. 10.66 All of which is assessed in pro- Langworthy Sub. _ .... portion to the special benefits con $1,821.86 ferred. 416 Regular Session, November 5, 1962 Excavation (unclassified), *Deficiences to be paid by 157cu, yds. lir 0.80 .......fi 125.60 116" bituminous concrete tin, Lot 55, O'Neills Sub. - binder. 65.75 tons - No. 3 ..................................$ 7.15 ......................... .. 470.11 1" bituminous concrete Fadden, Lot 56, O'Neills surface, 50.50 tons (rr Sub. No. 3 .......................... 7.15 ...................................... 381.08 Tack coat MC -0, 325 gals. Lot 57, O'Neills Sub. No. @ .2065.00 .............................. 3 .......................................... Manholes or grates to be *Lester M. & Jean A. En- raised /lowered 1 no. of tringer, Lot 58, O'Neills @25.00 .................................. 25.00 3/4" stabilized rolled *Lloyd C. & Florence Burk - stone base, 292.94 tons art, Lot 59, O'Neills Sub. @ 2.20 .............................. 644.47 Total cost ........................$1,691.26 *Less city share ............. 0.00 Assessable amount ........$1,691.26 7% extra expense ........ 118.39 5%n - 52 days interest .... 12.21 Total assessable amount ............................$1,821.86 All of which is assessed in pro- portion to the special benefits con- ferred. St. Joseph Street from the east property line of Collins Street to the west property line of Gon- dolfo St. with bituminous con- crete paving. *Joseph E. & Mary C. Mar- tin, Lot 55, O'Neills Sub. No. 3 ..................................$ 12.54 *Gerald J. & Beverly J. Mc- Fadden, Lot 56, O'Neills Sub. No. 3 ........................ 15.88 *Kenneth M. & Irma Hein, Lot 57, O'Neills Sub. No. 3 .......................................... 27.44 *Lester M. & Jean A. En- tringer, Lot 58, O'Neills Sub. No. 3 .......................... 58.81 *Lloyd C. & Florence Burk - art, Lot 59, O'Neills Sub. No. 3 .................................... 107.81 *Leo T. & Lavena Manders, Lot 60, O'Neills Sub. No. 3 ............................................ 284.23 *Mettel Realty & Inv. Co., Lot 36, O'Neills Sub. No. 3 .......................................... 12.55 "Stanley F. & Mary K. Lob. ianco, Lot 35, O'Neills Sub. No. 3 ........................ 15.88 *Harry Shaw et al, Lot 34, O'Neills Sub, No. 3 ........ 27.44 *Harry Shaw et al, Not N. ',i-33, O'Neills Sub. No. 3 .......................................... 23.32 *Thomas P. & Joan Konzen, Lot S. %-33, O'Neills Sub. No. 3 ....................... 35.48 *Thomas P. & Joan Konzen, Lot 32, O'Neills Sub. No. 3 .......................................... 107.81 *Joseph P. & Mary Eileen Kane, Lot 31, O'Neills Sub. No. 3 ........................ 284.23 $1,013.42 *Deficiences to be paid by City: *Joseph E. & Mary C. Mar- tin, Lot 55, O'Neills Sub. No. 3 ..................................$ 12.55 *Gerald & Beverly J. Mc- Fadden, Lot 56, O'Neills Sub. No. 3 .......................... 15.88 *Kenneth M. & Irma Hein, Lot 57, O'Neills Sub. No. 3 .......................................... 27.44 *Lester M. & Jean A. En- tringer, Lot 58, O'Neills Sub. No. 3 ........................ 58.80 *Lloyd C. & Florence Burk - art, Lot 59, O'Neills Sub. No. 3 .................................. 107.81 *Leo T. & Lavena Manders, Lot 60, O'Neills Sub. No. 3 .......................................... 284.23 *Mettel Realty & Inv. Co., Lot 36„ O'Neills Sub. No. 3 .......................................... 12.54 *Stanley F. & Mary K. Lo- bianco, Lot 35, O'Neills Sub. No. 3 .......................... 15.88 *Harry Shaw, et al, Lot 34, O'Neills Sub. No. 3 .......... 27.45 *Harry Shaw, et al, Lot N. %-33, O'Neills Sub. No. 3 .......................................... 23.33 *Thomas P. & Joan Konzen, Lot S 16-33, O'Neills Sub. No. 3 .................................. 35.48 *Thomas P. & Joan Konzen, Lot 32, O'Neills Sub. No. 3 .......................................... 107.81 *Joseph P. & Mary Eileen Kane, Lot 31, O'Neills. Sub. No. 3 ........................ 284.23 $1,013.43 $2,026 85 Excavation (unclassified), 66 cu. yds. C:° .80 ..........$ 52.80 1%" bituminous concrete binder, 73.35 tons (Z�- 7.15 .... ........................... 524.45 1" bituminous concrete surface, 48.50 tons 61 7.15 .................................. 346.78 Tack coat MC -O, 250 gals. <a .20 .............................. 50.00 Regular Session, November 5, 1962 417 3/4" stabilized r o 11 e d Karl & Rita Oleson, Lot 38, stone base, 412.51 tons Belmont Add..................... 188.62 C. 2.20. • .••. •• .- - 907.52 Walter J. & Harriet H. _-_ Starr, Lot 39, Belmont Total cost _. , S1.881.55 Add..................................... 188.62 *Less city share 0 Henry H. & Lucille Henkel, ------ - Lot 40, Belmont Add. ,... 188.62 Assessable amount .....$1.881.55 Herbert M. & Eileen C. 75, extra expense ... 131.71 Duehr, Lot 41, Belmont 5% - 52 days _ 13.59 Add................................... 188.62 -- James R. & Lola M. Kearns, Total assessable Lot 42, Belmont Add...,. 188.62 amount ............................$2.026.85 Richard L. & Mary Charlene All of which is assessed in pro- Wagner, Lot 43, Belmont 188.62 portion to the special benefits con- portion ..................... ............... Mathias M. & Anna Hoff- ferred. man, Lot 44, Belmont Balke Street from the north Prop- Add................................... 188.62 erty line of Lawther Street to the Edna A. Fester, Lot 45, south property line of Groveland Belmont Add..................... 188.62 Place with bituminous coacret• Edna A. Fester, Lot N. W. paving. 49'-46, Belmont Add. ...... 184.84 Theodore & Josephine George J. & Hazel E. Bran- Scholl, Lot 19. Belmont del, Lot S. E. Y-46 Bel- Add. .. ........... . .. .. .. 8188.62 mont Add. ........................ 3.78 Milton J. Pauly. Lot 20, George J. & Hazel E. Bran- Belmont Add. .......... . .... 188.62 del. N. W. 49'-37, Bel- Milton J. Pauly, Lot 20, Belmont Add188.62 mont Add. ........................ 184.84 John & Clara Banworth, ................... Irving G. & Mary A. Feltes, Lot S. E. 1'-47, Belmont & Clara Banworth, Lot 22. Belmont Add..... 188.62 ,John Add..................................... 3.78 Harold & Rosaire Ehlers, John & Clara Banworth, Lot 23, Belmont Add. ... 188.62 Lot 48. Belmont Add....... 188.62 Leo T. & Mary A. Gregory & John M. Gregory, Lot $5,606.19 24, Belmont Add. ........ _. 188.62 Erwin R. & Olive M. Welty, •Theodore & Josephine Lot 25, Belmont Add. .... 188.62 School, Lot 19, Belmont 115.26 Joseph J. & Cath. Ellerbach, ..................... Add.. Lot 26, Belmont Add. .... 188.62 °Milton J. Pauly, Lot 20, B. W. & Selma Massey, Lot Belmont Add..................... 115.26 27, Belmont Add. ...... .. 188-62 *Milton J. Pauly, Lot 21, Gertrude Herber, Lot 28 Belmont Add..................... 115.26 Belmont Add. ............... . 188.62 *Irving G. & Mary A. Fel. Edward C. & Rose Kupfer- tes, Lot 22, Belmont Schmidt, Lot 29, Belmont Add. ............... 115.26 ..................... Add. ....................... ........... 188.62 L. W. &Marie tLot *Harold & Rosaire Ehlers, Belmont Add..... 115.26 30, Belmont AAdd. .. . ...... 188.6'2 . Add . Lot 23 *Leo 1. &Mary A. Gregory Merlin & Dolores B. Jerke, &John M. Gregory, Lot Lot 31, Belmont Add. .... 188.62 24, Belmont Add....•••.••• 11526 Ralph P. & Julia M. Weis, "Erwin R. & Olive M. Wel Lot 32, Belmont Add. .... 238.07 ty, Lot 25, Belmont Add... 115.26 John Y. & l.urctta Furlong, 'Joseph J. & Cath. Eller- Lot 33, Belmont Add. ._86.76 bach, Lut 26. Belmont R. F. & Virginia Sherman, Add 115.2ti Lot 34, Belmont Add. .... 188.62 .................................. .B W. & Selma Massey, o JaLot` 35, 188.62 I Lot 27. Belmont Add. .... 115.26 Belmont Addktey.. i 'Gertrude Herber, Lot 28, Aloysius J. & Lucille Ni11iS, Brinu�nt Add. 115.26 Lot 36, Belmont Add. 188.62 .FAward C. & Ruse Kupfer• Kenneth 11 & Patricia Lot 29, Belmont Stecklein, Lot 37, johnoni Schmidt, ', Add ..................... ...... 115.26 Add. ... 188.62 . _ 418 Regular Session, November 5, 1962 *L. W. & Marie Tarkett, Lot 30, Belmont Add. .... 115.26 *Merlin & Delores B Jerke, Lot 31, Belmont Add. .... 115.26 *Ralph P. & Julia M. Weis, Lot 32, Belmont Add. .... 145.49 *John P. & Loretta Furlong, Lot 33, Belmont Add. .... 53.03 R. F. & Virginia Stierman, Lot 34, Belmont Add. .... 115.26 *Jas. W. & Adele Oakley, Lot 35, Belmont Add. .... 115.26 *Aloysius J. & Lucille Nil - lis„ Lot 36, Belmont Add. .................................... 115.26 *Kenneth H. & Patricia Stecklein, Lot 37, Belmont Add....................................1 115.26 *Karl & Rita Oleson, Lot 38, Belmont Add . ............ 115.26 *Walter J. & Harriet H. Starr, Lot 39, Belmont Add . .................................... 115.26 *Henry H. & Lucille Henk- el, Lot 40, Belmont Add... 115.26 *Herbert M. & Eileen C. Duehr, Lot 41, Belmont Add. .................................... 115.26 *James R. & Lola M. Kearns, Lot 42, Belmont Add. .... 115.26 *Richard L. & Mary Char- lene Wagner, Lot 42, Belmont Add . .................. 115.26 *Mathias M. & Anna Hoff- man, Lot 44, Belmont Add . .................................... 115.26 *Edna A. Fesler, Lot 45, Belmont Add ..................... 115.26 *Edna A. Fesler, Lot N. W. 49'-46, Belmont Add... 112.96 *George J. & Hazel E. Bran - del, Lot S. E. 1'46, Bel- mont Add . ........................ 2.30 George J. & Hazel E. Bran - del, Lot N. W. 49'-47, Bel- mont Add . ........................ 112.96 John & Clara Banworth, Lot S. E. 1'47, Belmont Add. .................................. 2.34 John & Clara Banworth, Lot 48, Belmont Add. .... 115.26 Total deficiencies to be paid City ........................$3,425.84 Excavation (unclassified), 1879 cu. yds. Cr 0.80 ....$1,503.20 11/2" bituminous concrete . binder, 221 tons C% 7.15 .................................. 1,580.15 1" bituminous concrete - surface, 169.70 tons (a 7.15 .................................. 1,213.36 Tack coat MC -O, 675 gals. Ch, .20 135.W Manholes or grates to be raised/lowered, 3 No. of Ca) 25.00 .......................... 75.00 3/4" stabilized r o l l e d stone base, 1762.65 tons to 2.20 ........................... 3,877.83 Total cost ........................$8,384.54 *Less City share ............ 0.00 Assessable amount .......$8,384.54 7% extra expense ........ 586.93 5% - 52 days interest .... 60.56 Total assessable amount ...........................$9,032.03 All of which is assessed in pro- portion to the special benefits con- ferred. Cannon Street from the west prop- erty line of Mt. Carmel Road to the east property line of Laurel Street with bituminous concrete paving. Francis P. Quinn, Lot 2-2, Mineral Lot 38 ................$ 49.00 John N. & Isabelle Theilen, Lot 1-1-1, Linhein Sub..... 341.20 Frances C. Burns, Lot 2.1.1, Linhein Sub ....................... 38.65 C. H. & Ruth Meek, Lot 1-2-1, Linhein Sub. ........ 366.57 Clarence G. & Clara M. Pregler, Lot 2-2-1, Lin- hein Sub ............................. 297.36 Francis P. Quinn, Lot 4, Linhein Sub . ....................1,422.50 John A. Brady, Lot W. 52.78'-1-1-2, 14 i n h e i n Sub....................................... 7.60 Nicholas G. & Helen M. Kieffer, Lot E. 50'.1-1.2, Linhein Sub . .................... 7.21 Henry & Ruth Altfillisch, Lot 1-2-1-2, Linhein Sub... 10.15 Marianne P. Durbrow, Lot 2.2-1.2, Linhein Sub. .... 9.14 Ed M. & Frances Tschirgi, Lot W. 102.78'.1-2-2, Lin- hein Sub . .......................... 429.93 Donald R. & Stella Bullard, Lot E. 75'-1-2-2, Linhein Sub....................................... 314.65 E. L. & Ilda F. Gifford, Lot 2-2-2, Linhein Sub..... 315.18 Clarence R. & Gen. M. Car. ney, Lot 3-W%-3, Linhein Sub ....................................... 192.90 Thomas Flynn, Lot 1.5-W'/z- 3, Linhein Sub . ................ 62.22 Clarence R. & Gen. M. Car- ney, Lot 2-5-W%-3, Lin- hein Sub ............................. 101.80 Regular Session, November 5, 1982 419 Clarence R. & Gen. M. Car. ney, Lot 1-4-W%-3. Lin- 141.97 hein Sub ............................. Lot 2-1, Mineral Lot 20 .... 318.33 Clarence R. & Gen. M. Car- ney, Lot 2-4-W%-3, Lin- 50.92 hein Sub ............................ Floyd M. & Vera P. Betts, 91.21 Lot N. 50' -N100' -W%-39 Linhein Sub . ..... ............. 353.50 Lloyd L. Peterson, Lot S. 82.87 50'-N 100'-E%-3, Linhein 8.06 ....................................... Sub......... 134.10 Lloyd L. Peterson, Lot N. 45.38 50.2'-5177.2'- E%-3, Lin. ........................... hein Sub.62.23 Elvin E. Olin, Lot 2.2.2, Louis M. & Kath. M. Holz, Laurel Place ............... I .. 4.63 W. it. & Lila M. Gruwell, Lot 20 .................................. Lot 1-2.1.2, Laurel Place .. 2.28 $4,715.69 Excavation (unclassified), 399 cu. yds. c+ 0.80 ....$ 319.20 1%" bituminous concrete - binder, 130.60 tons 0 49.00 7.15 ..... 933.79 1" bituminous concrete - surface, 117.75 tons 6, 22.66 7.15 ............................... 841.91 Tack coat MC -O, 400 gals. (q .20 .............................. 80.00 Manholes or grates to be raised/lowered, 2 No. of 31.09 Ci 25.00 ......................... 50.00 3/4" stabilized r o 11 e d 27.60 stone base, 978.52 tons 2.20 ............................ 2,152.74 Total cost ............... ......... 34,377.64 *Less city share ............ 0.00 Assessable amount ........34,377.64 7% extra expense ........ 306.43 5% - 52 days ................ 31.62 Total assessable amount ........................... 34,715.69 All of which is assessed in pro- portion to the special benefits col" ferred. Laurel Street from the North ProP- arty line of Grandview Avenue to the North end of the street with Bituminous Concrete Paving. Elbert V. & Ruth E. Maury, Lot S1/s-1-1.1-1-1, Mineral Lot 20 .$179.71 St. Marks Evangelical Luth- eran Church, Lot Nie -1.1- 1.1.1, Mineral Lot 20 ........ 179.71 William J. Lynn, Lot 2-1.1- 1.1, Mineral Lot 20 . ... 215.113 Paul F. & Jean F. McMahan, Lot 2-1-1.1, Mineral Lot 20 269.55 Harold & Delila Levan, Lot 2-1-, Mineral Lot 20 ........ 267.92 Carl A & Vera 11. Hummel, Add. ......................... Lot 2-1, Mineral Lot 20 .... 318.33 City of Dubuque, Lot 2, Min- eral Lot 20 ........................ 22.86 Leona N. Crim, Lot 1-1.5, Mineral Lot 37 .................. 91.21 City of Dubuque. Lot 2-5, Mineral Lot 37 .................. 5.40 City of Dubuque, Lot 6, Min- 82.87 eral Lot 37 ........................ 8.06 Leona N. Crim, Lot 1, Crim 0.88 Place.................................... 45.38 Percy P. & Pearl Bullard, Lot N. 75'•1-1-1.3, Mineral Lot 20 ................................ 245.49 Louis M. & Kath. M. Holz, Lot E. 50'•2-1-1.3, Mineral Lot 20 .................................. 145.02 Ida B. & Emily Phillips, Lot W. 475-2.1-13, Mineral Lot20 .................................. 52.92 Peter J. & Ruth A. Noesen, Lot 2-1.3, Mineral Lot 20.. 49.00 Edward A. & Marie Ruh, Lot S. 110'-1.2.3, Mineral Lot20 ................. .I .... ........ 22.66 Percy R. & Pearl Bullard, Lot N. 75'•N. 154'-1-2.3, Mineral Lot 20 .................. 15.46 Anna Hall & Lydia Cooley, Lot 2.2.3, Mineral Lot 20 31.09 Madeline Hantelman, Lot 1.1, Summer Hill Add..... 27.60 John & Myra Welsh, Lot 1 2.1, Summer Hill Add..... 1.28 Madeline Hantelman, Lot 2 3.17, Summer Hill Add..... 0.17 Madeline Hantelman, Lot 1 3-17, Summer Hill Add..... 2.86 Madeline Hantelman, Lot 2- 2.17, Summer Hill Add..... 0.83 Anna Hall & Lydia Cooley, Lot 2.1-2-17. Summer Hill Add. .................................... 4.71 Edward A. & Marie Ruh, Lot 1-1.2-17, Summer Hill 7 .....,... Add. ................. •••••• . Edward A. & Marie Hill Lot 2.2-18, Summer 0.94.......... Add. ......................... Peter J. & Ruth A. Noesen, Summer Hill Lot 2.1.2.18, 17-83 Add. .................................. 13. & Emily Phillips, Lot Ida W. 47'-1-1-2-18, Summer 30,23 . Bill Add. Louis M. & Kath. Summer E. 50'-1.1-2-18, Summer 82.87 Hill Add . ................. . ., h'rancis P. Quinn, Lot 2.2, 0.88 Mineral Lot 38 .................. 420 Regular Session, November 5, 1962 John N. & Isabelle Theilen, Lot 1-1-1, Linheins Sub..... 576.25 Frances C. Burns, Lot 2-1-1, Linheins Sub ..................... 446.69 C. H. & Ruth Meek, Lot 1.2- 1,024.24 1, Linheins Sub ................. 46.72 Clarence G. & Clara M. Pregler, Lot 2-2-1, Lin- 948.45 heins Sub ........................... 178.14 Francis P. Quinn, Lot 4, Lin- 100.00 heins Sub ........................... 27.12 John A. Brady, Lot W. 52.78'-1.1-2, Linheins Sub. 319.73 Nicholas G. & Helen M. Kieffer, Lot E. 50'-1-1-2, 1,948.91 Linheins Sub ..................... 113.99 Henry & Ruth Altfillisch, Lot 1-2-1-2, Linheins Sub. 78.58 Marianne P. Durbrow, Lot 2-2-1-2, Linheins Sub......... 28.86 Ed. M. & Francis Tschirgi, Lot W. 102.78'-1-2-2, Lin- heins Sub ........................... 355.62 Donald R. & Stella Bullard, E. 75'-1.2.2, Linheins Sub. 64.78 E. L. & Ida F. Gifford, Lot 2-2-2, Linheins Sub........... 23.92 Raymond G. & Ebba 1. Berg. quist, Lot 1-1-2, Laurel Place.................................... 69.72 W. R. & Lila M. Gruwell, Lot 1-2.1-2, Laurel Place 10.57 Frank J. & Mary C. Hickey, Maher Laurel St. Place.... 387.97 $5,071.56 Excavation (Unclassified) 798 cu. yds. ® 0.80........$ 638.40 11/2" Bituminous Concrete - binder 143.25 tons V 7.15 .................................. 1,024.24 1" Bituminous Concrete - surface, 132.65 tons 4 7.15 .................................. 948.45 Tack Coat MC -0, 500 gals. ® .20 ................................ 100.00 Manholes or grates to be raised/lowered 2 no. of 6 25.00 ............................ 50.00 V' stabilized rolled stone base 884.96 tons ® 2.20 1,948.91 Total cost ........................$4,708.00 *Less city share ............ 0.00 Assessable amount ........$4,708.00 7% extra expense ........ 329.56 5%-52 days interest........ 34.00 Total Assessable Amt ..... $5,071.56 All of which is assessed in pro. portion to the special benefits con- ferred. Shiras Ave. from North property line of Mineral Lot 309A to North property line of Mineral Lot 311 with Bituminous Concrete Surfac. ing. Katherine & Carole George, Lot 2.1-1-1, Potters Place..$418.07 *Dennis P. & Betty Kay Do- lan, Lot 1, Potters Shiras Avenue Place .................... 339.50 *Jerry R. Potter, Lot 2, Pot- ters Shiras Avenue Place 300.00 *Jerry R. Potter, Lot 3, Pot- ters Shiras Avenue Place 300.00 *Jerry R. Potter, Lot 4, Pot- ters Shiras Avenue Place 400.00 *Lenore A. Anthony, Lot 5, Potters Shiras Avenue Place .................................... 200.00 *Jerry R. Potter, Lot 6, Pot- ters Shiras Avenue Place 300.00 Eldon F. & Ellen M. Newt, Lot 7, Potters Shiras Av- enue Place ........................ 617.95 *Jerry R. Potter, Lot 8, Pot- ters Shiras Avenue Place 157.25 Lenore A. Anthony, Lot 10, Potters Shiras Avenue Place .................................... 258.18 *Walter & Nancy Pregler, Lot 1-2, Cola Sub ............. 100.00 *George F. & Ella Cota, Lot 2.2, Cots Sub ............. 191.00 *George F. & Ella Cots, Lot 3, Cota Sub ......................... 241.00 *George F. & Ella Cots, Lot 4, Cota Sub ......................... 241.00 *George F. & Ella Cots, Lot 5, Cota Sub ......................... 241.00 *James R. &'.Margaret Cots, Lot 6, Cota Sub ................. 241.25 *George F. & Ella Cots, Lot 7, Cota Sub ......................... 754.86 *George F. & Ella Cota, Lot 8, Cota Sub ......................... 250.00 *George F. & Ella Cots, Lot 9, Cota Sub ......................... 250.00 *George F. & Ella Cote, Lot 10, Cota Sub . .................... 250.00 *George F. & Ella Cots, Lot 11, Cot& Sub . .................... 230.00 *George F. & Ella Cola, Lot 12, Cota Sub . .................... 746.55 Berdie Roseliep, Lot 2, Min- eral Lot 311 ....................1,863.55 Walter & Nancy Pregler, Lot 1.1.2.1.3-N.1h, Mineral Lot 309A ............................ 60.96 A. P. & Marie M. Dolan, Lot 1-1.3-N.%, Mineral Lot 309A.................................... 88.16 Floyd Berendes, etal, Lot 1, Berendes Sub ..................... 348.74 Res"Ilar Session, November 5, 1W _ 421 Floyd Berendes, etal, Lot 2. 286.92 Berendes Sub. Floyd Berendes etal, lint 3. 243.09 Berendes Stall. John & Phyllis A. Schlitzer, Lot 4. Berendes Sub. .. 24231 Floyd Berendes, Mal. I.ot 5, 205.73 1 Berendes Sub Floyd Berendes. eta). Iota 6. 268.34 Berendes Sub. 1 -Jerry R. Potter. Lot 9. Pot- ters Shiras Ave Place *Jerry R. Potter. Lot 11. Potters Shiras Ave. Place 72.43 'Roy B. & Ruth M. Baker, Lot 1.2.1. Potter Place._. 95.50 ,Roy B. & Ruth M. Baker, Lot 2-2-1, Potter Place.... 4023 Lenore A. Anthony. Lot 1.1- 0 � 2.2.1.1, Potter Place . Lenore A. Anthony, Lot 2-1- 0.41 21.1, Potter Place . Roy B. & Ruth M. Baker, Lot 1.1, Mineral Lit 311 378.14 $11.64180 Deficiencies to be paid by City: 'Dennis P. & Betty Kay Do- lan, Lot 1. Potters Shiras Ave. Place ... 6446 *Jerry R. Potter, Lot 2, Pot- ters Shiras Ave. place _. 6.21 *Jerry R. Potter, Lot 3. Pot ters Shiras .Ave. Place 8.84 *Jerry R. Potter, Lot 4, Pot- ters Shiras Ave. Place.... 11.79 •Lenore A. Anthony. Lot 5. Potters Shiras Ave. Place 6.40 *Jerry R. Potter, Lot 6. Pot- ters Shiras Ave. Place... 8.97 *.Terry R. Potter, loot 8, Pot- ters Shirai Ave. Place.... 1.51.73 'Walter & Nancy Pregler, Lot 1.2, Cota Sub. ..... 27.99 *George F. & Flla Cota. Lot 2.2, Cota Sub. A0.94 *George F. & Fella Cot a. Lot 3, Cota Sub.... . 50.12 'George F. & Ella Cola, Lot 4. Cota Sub. . 50.12 *George F. & Ella Cola, I.ot 5, Cola Sub. - - .. ..... .. 50.12 'James R. & Margaret Cot&, Lot 6, Cota Sub ............... 50.85 *George F. & Ella Cola, Lot 54.96 8, Cota Sub. *George F. & Ella Cola. Lot 57.39 9. Cola Sub *George F. & FIN Cota, Lot 54.76 10, Cota Sub *George F & Ella ('ota, Lot 49.65 11, Cota Sub. '.terry Potter, Lot 9. Potters Shiras Ave. Place .. 0.38 Roy B. & Ruth M Baker, Lot 1.2.1, Potter Place 35.06 $12,492.54 Excavation (Unclassified) 482 cu. yds. r $0.80....$ 385.60 12" Bituminous Concrete - binder 407.15 tons Q 7.15 . ................ 2,911.12 Bituminous Concrete- ,urface 341.75 tons Q 7.15 .. ........................ 2,443.51 I ack Coat MC -0, 1275 gals 4i .20 ...................... 255.00 danholes or grates/raised or lowered 6 no. of G 25.00 150.00 3.," stabilized rolled stone base 3868.70 tons a 2.20 8,511.14 Total Cost ....................$14,656.37 'Less City share 3,059.38 Assesable amount.......$11,5896: 9 7r extra expense ....... 133 76 5^ -52 days ................... Total Assessahle Amt. $12,492.54 .All of which is assesed in pro. portion to the special benefits con- ferred. McClain Street from the South property line of Wooten Street to a point 380 feet South with Bituminous Concrete Paving. Joseph & Clarice & Robert Gribben, Lot 1, Thomas E.$320.28 Byrne Sub . ............... Frances V. Callaghan. Lot 2, 103.98 Thomas E. Byrne fib• 3, Mary C. Lubek, Thomas E. Byrne Sub..... 28.76 Cecil C. O'Rourke, Lot 4, Thomas E. Byrne Sub..... 11.69 Cecil C. O'Rourke, Lot W. 20'-5, Thomas E. Byrne 2.57 Sub. .................................. Maurice J. & NF, 40' S, M. lloefer. Lot E. Phomas E. Byrne Sub. L• 2.66 Benjamin R. Preston, Lot 7, Thomas E.493.12 Byrne Sub. ..... 11,njamin R. & Wilma L. Preston, Lot 2.8, Thomas 21.73 E. Rprne sub. ............. Ilugh A. & Charlotte M. Por- ter, loot 1-8, Thomas E 105.12 Byrne Sub . .. .................. Wayne D. & Audrey A. 1okd. Lot 9, Thomas E. Sub, 38.31 Byrne .................. 122 Regular Session, November 5, 1962 Alphonse A. & Nora C. Schramm, Lot 10, Thomas E. Byrne Sub ................... Charles Edward & Mary Catherine Clancy, Lot 11, Thomas E. Byrne Sub..... 7.38 ,Lennie & Arthur 11ird, Lot 211.33 1-8, Watters Sub . ............ Margaret McQuillen, Lot 2-8, Watters Sub . .................... 73.39 Jennie & Arthur Hird, Lot 1-9, Watters Sub ............... 211.28 Margaret McQuillen, Lot 2- 9, Watters Sub . ................ 73.35 Merlin J. & Marcile L. Palmer, Lot 10, Watters 26993 Sub. ................................. 'Matthew B. Clansky & Ag- nes Loizeaux, Lot 11, Wat- ters Sub.244.75 ............................. Richard K. & Gladys S. Mag- nall, Lot 12, Watters Sub. 256.79 *Robert G. Williams, Lot 13, Watters Sub . ............ 205.00 'Robert G. Williams, Lot 14, Watters Sub . .................... 64.45 Francis E. Kelly, Lot 1, Kel- ly Byrne Place ................ 785.87 $3,554.78 *Deficiencies to be paid by City of Dubuque: *Matthew B. Clansky & Ag- nes Loizeaux, Lot 11, Wat- ters Sub. ............................ 18.19 *Robert G. Williams, Lot 13, Watters Sub . .................... 27.66 $3,600.63 Excavation (Unclassified) 616 cu. yds. v7 $.80........$ 492.80 ViV' Bituminous Concrete - binder 110.20 tons Gi. 7.15 .................................. 787.93 1" Bituminous Concrete - surface 88.35 tons Cu) 7.15 .................................. 631.70 Tack Coat MC -O, 300 gals. 0 .20 ................................ 60.00 Manholes or grates/raised or lowered 3 no. of G, 25.00 ................................ 75.00 3/4" stabilized rolled stone base 887.10 tons U 2.20 1,951.62 Total Cost ........................$3,999.05 *Less City share ............ 656.54 Assessable amount ........$3,342.51 7% extra expense ........ 233.98 5a, interest -52 days....... 24.14 Total assesable amt. ....$3,600.63 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 5th day of November 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber m o v e d the adoption of the resolution. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proofs of Publication, certified to by the Publishers of Telegraph Herald and Dubuque Leader, of Official Notice to authorize the issuance of street improvement bonds to pay for the cost of con- structing City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 1, presented and read. Councilman Takos moved that the proofs of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 233.62 Resolution providing for the is- suance of s t r e e t improvement bonds for the purpose of provid- ing for the payment of the as- sessed cost of City of Dubuque, 1962 Bituminous Concrete Sur- facing Project No. 1 (except Cum- mins Street and Samuel Street). Whereas the contract hereto. fore entered into by the City of Dubuque, Iowa, for the improve- ment hereinafter described has been completed and the City Man- ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has deter- mined that $130,518.07 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas vided by 1 by the Ci tention of issue bon providing assessed c and a pt public notice, as pro- aw, has been published Cit Clerk stating the in - the City Council to ds for the purpose of for the payment of the ost of said improvement Pit Regular Session. November 5, 1962 423 hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the improvement of CITY OF DUBU- QUE 1962 BITUMINOUS CON- CRETE SURFACING PROJECT NO. 1 (EXCEPT — CUMMINS STREET AND SAMUEL STREET) on the following named streets: 1. Caledonia Street from the west property line of Hill Street to the south property line of West 8th Street. 2. West Fifth Street from the East property line of Hill Street to the west property line of Gil- more Street. 3. Alta Place from the north property line of Delaware Street to the south property line of Green Street. 4. Adair Street from the north property line of Loras Boulevard to the south property lint: of Rosedale Avenue. 5. Irving Street from the south property line of Decorah Street to the north property line. of Uni- versity Avenue. 9 6. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 7. Davenport Street from the north property line of West 28th Street to the south property !ine of National Street. 8. Cottage Place from the east property line of Abbott Street to the east end of the street. 9. Sabula Street from the south property line of Davenport Street to the north property line of Mus- catine Street. 10. Van Buren Street from the West property line of University to the west property line of Drex el Avenue. 11. Brown Avenue from the west property line of University to the south property line of Van Buren Street. 12. Beverly Street from the south property line of Van Buren Street to the west end of the street. 13. McPoland Avenue from the. north property line of Van Buren Street to the south property line of Pennsylvania Avenue, 14. Mineral Street from the west property line of McCormick Street to the west property line of Lot I of Block 12 of Steger Heights. 15. Douglas Street from the east property line of Walsh Street to the west property line of College Street. 16. Cornell Street from the south property line of West 16th Street to the south property line of May Place. 17. Catherine Street from the south property line of West 17th Street to the north property :ine of West 16th Street. 18. Prysi Street from the south property line of University Ave- nue to the north property line of New Haven Street. 19. Shelby Street from the north property line of Clarke Driva to the north end of the street. 20. St. Joseph Street from the east property line of Collins Street to the west property line of Gon- dolfo Street. 21. Balke Street from the north property line of Lawther Street to the south property line of Groveland Place. 22. Cannon Street from the west property line of Mt. Carmel Road to the east property line of Laurel Street. 23. Laurel Street from the north property line of Grandview Ave- nue to the north end of the street. 24. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 25. McClain Street from the south property line of Wooten Street to the north property line of Bonson Street. there shall be issued street im- provement bonds in the amount of $13o,915.07 Dollars in anticipa- tion of the deferred payment of assessments levied for such im- provement. 424 Regular Session, November 5, 1962 2. Such bonds shall be called street improvement bonds; and shall bear the date of December 6, 1962; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denominations and fo► such maturity dates as are shown in the following table: Series No. 1, Bond No. 3810 to 3855 inclusive, $500.00 each, April 1, 1963. Series No. 2, Bond No. 3836 to 3861 inclusive, $500.00 each, April 1, 1964. Series No. 3, Bond No. 3862 to 3887 inclusive, $500.00 each, April 1, 1965. Series No. 4, Bond No. 3888 to 3913 inclusive, $500.00 each, April 1, 1966. Series No. 5, Bond No. 3914 to 3939 inclusive, $500.00 each, April 1, 1967. Series No. 6, Bond No. 3940 to 3965 inclusive, $500.00 each, April 1, 1968. Series No. 7, Bond No. 3966 to 3991 inclusive, $500.00 each, April 1, 1969. Series No. 8, Bond No. 3992 to 4017 inclusive, $500.00 each, April 1, 1970. Series No. 9, Bond No. 4018 to 4043 inclusive, $500.00 each, April 1, 1971. Series No. 10, Bond No. 4044 to 4070 inclusive, $500.00 each, April 1, 1972. Series No. 10, Bond No. 4071, $415.07, April 1, 1972. 3. Said bonds shall bear irter- est at the rate of 5 per cent per annum, payable semi-annually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time Prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub. stantially the following form: No. ................................................... SeriesNo . .......................................... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of or at any time before that date, at the op. tion of the City of Dubuque, the sum of Five Hundred dollars with interest thereone at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Du- buque, in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Res- olution of said City duly passed on the 5th day of November, 1962, being Resolution No. 233-62 the provisions of which are incorporat- ed by reference into this Bond. This Bond is one of a series of 262 bonds, 261 for $500.00 num- bered from 3810 to 4070 both in. cluded, and one for $415.07 num- bered 4071 all of like tenor and date, and issued for the purpose of City of Dubuque 1962 Bitum- inous Concrete Surfacing Project Nd. 1 (except Cummins Street and Samuel Street). as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1238 created by the col- lection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prec- edent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned 1 by its City Clerk and the Scal of 1 Regular St ssiou, November .5, 1962 425 said City to be thereto affixed, this 6th day Deember, 1962. (SEAL) mayor City Clerk (Form of Coupon) On the day of the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of .... . .. . ....... Dollars, ;n the office of the City Treasurer in the City of DubugW.% being •. ••• months' interest due that date on its ...•................... Bond No ....................... dated ...... . ....................................... .......................................... Mayor ......................... .... .............. City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to ex, -cute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer i- hereby instructed to sell said bonds in the manner provided by law• the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1238 and paid out by him to pay the cost of said contract. 8. That the interest coupon-: at tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the ( 'ty Clerk, 9. That as fast as funds allow. beginning with the second after the payment of interest the City Treasurer is directed t call these bond-. in the same 01"'r as numbered 10. Notice of election to call these bonds shall be given by ret; alar United States Mail addressed to the last known address of the Purchaser. Passed, adopted and approved this 5th day of November 1962 LOUIS SCHAI.I.ER Mayor JOHN P. SCHRFli3FR PETER J. TAKUS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber m o v e d the adoption of the resolution. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces. sity for public improvements and hearins* upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of a 24" storm sewer in Davenport Street from the existing storm sewer between Saunders Strert and Stoltz Street easterly in Davenport Street to the existing storm sewer at National Street and Davenport Street, presented and read, councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean. Schreiber, Takos. Nays --None. (Necessity for Improvement) RESOLUTION NO. $17.62 Whereas, proposed plans, spec- ifications, form of contract have bduly prepared Counc l of the city of and byy the he City Dubuque and are now on file in the office of the City Clerk show int; among other things the follow- ing'roved. I The street to be imp 2. The plan of such improve- ment. of the cost 3. the Proposed The improvement* of f,i. the construction of a twenty, four inch (24") R' .C.p. s or m sew - or in pavenp the cxi,.,ting storm sewer between Saun- ders Street and Stoltz Street eet tocast erly in Davenport the at National r,,i4ting storm wp.r Street and Davenport Street. 426 Regular Session, November 5, 1962 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now in file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sanita- tion Fund — Municipal Improve- ments. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of October, 1962. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schrebier moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of con- tractors of the receipt of proposals for the construction of a 24" storm sewer in Davenport Street, pre- sented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 234-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Reso- lution of Necessity No. 217-62 which was duly passed by this Council for the construction of a twenty-four inch (24") R.C.C.P. storm sewer in Davenport Street from the existing storm sewer be- tween Saunders Street and Stoltz Street easterly in Davenport Street to the existing storm sewer at National Street and Davenport Street. Be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of the prop- erty 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, RE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation Fund — Municipal Im- provement. 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 5th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the restlution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Repilar Session. November 5, 1962 427 November 5, 1962 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received until 10:00 A.M. Monday. November 5. 1962 for the Davenport Street Storm Sewer. The lowest bid sub- mitted was entered by the Saffran Construction Company of Dubuque, Iowa: the bid was 13.7, below the estimate. A tabulation of bids received is attached. I recommend that the contract for the improvement be awarded to the Saffran Construction Com. pany. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. AWARDING CONTRACT RESOLUTION NO. 235-62 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of a twenty-four inch (24") R.C.C.P. storm sewer in Davenport Street from the existing storm sewer be- tween Saunders Street and Stoltz Street easterly in Davenport Street to the existing storm sewer at National Street and Davenport Street. pursuant to Resolution No. 23462 and notice to bidders published in a newspaper in said City on November 12, 1962 and Novem- ber 19, 1962; and WHEREAS, said sealed propos - 1118 were opened and read on No- vember 5, 1962, and it has been determined that the bid of Saffran Construction Company of Dubu que, Iowa in the amount of $5, 999.50 was the lowest bid for lh furnishing of all labor and mate rials and performing the work a provided for in the plans an specificatiins; now therefore, BE IT RESOLVED by the Cit Council of the City of Dubuqu that the contract for the abov mentioned improvement be away ed to Saffran Construction Com- pany and the Manager be and he is hereby directed to ;aecuO a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 5th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of proposal to dispose of interest in Lot IA and Lot 2A in High Street Subdivision to Genoa M. Beebee, presented and read. w e r e No written objections res - filed and no objectors were pres- ent in the Council Chamber at the time set for the public hear. ing. Councilman Keanmoved be re- ceived proof of publication and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, council, men Horgan, Kean, Takos. Nays—None. RESOLUTION NO. 2362 e WHEREAS, pursuant to Resolu- tion and notice of proposal to dis. s pose of interest in real estate which d notice was published he gen- graph-Herald, a newspaperin the eral circulation published y Jj4i lows, on the 27th e I day of 1 and the 4th od a 1962, the City d of 428 Regular Session, November 5, 1962 cil of Dubuque, Iowa met on the 5th day of November 1962 at 7:30 o'clock P.M. C e n t r a l Standard Time in the City Council Cham- bers in the City Hall to consider the proposal to dispose of the bereinfater described real estate, at which hearing all interested parties were afforded an oppor- tunity to be heard for or against such proposal; and WHEREAS, there being no writ- ten or oral objections to the pro- posal to dispose of the interest in real estate hereinafter described. NOW THEREFORE: BE 111' RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUc3UQUE, IOWA: Section 1. That the disposal of the inteerst of City of Dubuque, Iowa, to Genoa M. Beebee cover- ing the following described prop erty, to -wit: Lot lA and Lot 2A in High Street Subdivision in the City of Dubuque, Iowa, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk are hereby authorized, empowered and directed to exe- cute Quit Claim Deed, attached hereto, unto Genoa M. Beebee con. veying interest of City of Dubuque in and to said described real estate and to deliver said Quit Claim Deed upon receipt of payment of costs of publication. Passed, adopted and approval this 5th day of November, 196. LOUIS SCHALLER Mayor JOHN P. SCHREIBE R PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMEL,' City Clerl: Councilman Kean moved the adoption of the resolution. Sec. onded by Councilman Takos. Car ried by the following vote: Yeas—bfayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. November 2, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1962 Hot Mix - Hot Laid Asphaltic concrete pay. ing Project No. 2 has been com- pleted in accordance with the plans and specifications. I, therefore, recommend the at - ceptance of the above named proj. ect. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be apprvoed Seconded by Councilman Kean Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 237.62 WHEREAS, the contrast for the City of Dubuque 1962 Hot Mix. - Hot Laid Asphaltic Concrete Re- surfacing Project No. 2 Dodge Street from a point 64 feet East of the East Property Line of Grandview Avenue to the East Property Line of Bluff Strevi with hot mix hot laid a.:phahic concrete paving. has been completed and the ity Engineer has submitted his final estimate showing the cost there- of including the cost of estimate.;. notices, inspection, and preparing the assesment and plat, n o w therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, That the cost of said imprave- ment is hereby determined to be $46,097.27. That $20,697.78 of the cost there- of shall be assessable upon private property and $22,218.39 to be ps:d by the Iowa State Highway Com- mission and $3,180.90 shall be paid from the 135 J-1 Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 5th day of November 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT Councilman Takos moved the adoption of the resolution. Sec Regular Session, ;november 5, 1982 429 onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Cowed - men Horgan. K ea n. Schreiber. Tako, Nays --None (A resolution accepting improve- ment and directing the clerk to publish notice) RESOLUTION NO. 238-62 WHEREAS, the contract for the City of Dubuque 1962 Hot Mix - Hot Laid Asphaltic Concrete Be - Project No. 2 - Dodge Street from a point 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff St. with hot mix -hot laid asphaltic concrete paving. has ben completed and the City Manager has examined the work and filed his certificate Elating that the same has been completed according to the terms of the con- tract, plans and specifications and recommend, its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvcmi-nt be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection anti said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adupted and approved this 5th day of November, 1962. LOUIS SCHALLER Mayor JOHN 11. SCHREIBER PETER J. TAKOS JAMES J. KEA` ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car• ried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n. Schreiber, Takos. 'days—None. RESOLUTION NO. 239.62 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 cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address 'sirs. Marcella McCarty. 2093 Wash - ton Street BE IT FURTHER RESOLVED that the bond filed with the all, plication be approved. Passed, adopted and approved this 5th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBEl1 PETER J. TAKOS JAMES J. KEAN ROBERT J. HOMIAN Councilmen Attest: LEO FCt yRO1M MELT Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas-_51ayor Schaller, Cchououincicil l - men Horgan, Takos. Nays --None. RESOLUTION NO. 2240,62 for W11EREAS, appliLatiolis Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, the l itY BE IT RESOLVED by Council of the Gty of llabt�gw,, Iowa, that '.I �edoand'ligcenses be pplicr- tions be b " issued upon the compliance with the terms of the ordinances of the City. „e„ BEER PERMIT CLASS Address Name Mrs. Marcella McCarty 2093 Waab ton Street -130 Regular Session, November 5, 1962 John .f. Beecher. 2399 W h i t e Street David L. Hickey, 107 Locust Street Clarence P. Haupert, 1703 Asbury Street CLASS "B" BEER PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Ger- ald F. Winters, Post No. 9663, 115 East 22nd Street American Veterans of World War II (Amvets), Post No. 3, 429 Main Street CLASS "C" BEER PERMIT Thompson Food Markets, Inc., N.E. Cor. 32nd & Jackson Streets Passed, adopted and approved this 5th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber m o v e d adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 241-62 W 11 E R E A S, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this Ci!, and they have filed proper b,)n('.s: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issuQ to the following named applicants a beer permit. CLASS "B" BEER PERMIT Name Address Mrs. Marcella McCarty, 2093 Wash - ton Street John J. Beecher, 2399 W h i l e Street David L. Hickey, 107 Locust Strut Clarence 11. Haupert, 1703 Asbury Street CLASS "B" BEER PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Ger- ald F. Winters, Post No. 9663, 115 East 22nd Street American Veterans of World War 11 (Amvets), Post No. 3, 429 Main Street CLASS "C" BEER PERMIT Thomspon Food Markets, Inc., N.E. Cor. 32nd & Jackson Streets BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 5th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. LEO F. FROMMELT City Clerk Approved ..larch I; i ,,.1963 Adopted ........ Councilmen J ... .... . ..... ... 7 At City Clerk Ie 46,e1 Slee-cial Session. November 19, 1%, 2 931 CITY COUNCIL OFFICIAL Special Session. November 19, 1982. Council met at 7.30 Y. M. C. S. T. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos City Manager Gilbert D. Chavenelle. Mavor Schaller read the call and stated that service thereof had been duly made and that this meeting is called for the purpo c of approving plat of Sears Roebuck & Co. Subdivision No. 1 and No 2, also plat of Chemical hundivi- sion and also acting on any other business as may properly come before a regular meeting; of thr City Council. Communication of League of Iowa municipalities submitting a summary of a bill to provide for a State Public Utility Commission to regulate utility rates and ser- vice in Iowa, presented and read. Councilman Takos moved that the summary be referred to the City Council. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council men Horgan, Kean, Schreiber. Takos. Nays --None. Communication of the Dubuque Cultural commission submitting a report of their activities and future aims covering their first year of existence, presented and read. Councilman Horgan moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote, Yeas ---Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nayr—None. Printed Council proceedings for the months of June and July 1982 presented for approval. Couiuil man Kean moved that the pry` ceedings be approved as printed. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays -None. November 15, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Auditor, City Treasurer, City Water Works and City Health Department for the month of October, 1962, along with a list of claims and payrolls for which warrants were issued for the month of October, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Schreiber moved that the reports be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of October 1962, presented and read. Mayor Schal- ler moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote. Yeas --Mayor Schaller, Councf: men Horgan. K e a n, Schreiber, Takos. Nays—None. November 19, 1962 The Honorable Mayor and City Council Gentlemen: In my investigatio I haveE found the park, int; ramp program, that our present off-street park. ing bond ordinance is restrictive to the point of almost preventingI. There the proposed ramp P o gran are two requirements in the ordi- nance which cause difficulty'. ' 'd 1. A lien is P park- ing lots until the bond obligations are satisfied. These lots are the southwest corner of 9th &Bluff; the northwest side of 9th & Bluff; the strip between 8th and Io h; the and lot at 5th & Bluff; h property on Central between 9th & 10th. Further, that the proceeds from the sale of any of the lo, council which the l r�(itabt le,shall be unusable and jthe inpParking Lot be deposited in Revenue Bond Sinking Fund. 432 Special Session, November 19, 1982 Tht transfer of title to the first three of the above listed lots has been proposed. This transfer is impossible under the restrictions. 2. No additional bonds for new off-street parking facilities can be issued until the net revenue of the parking system for the last fiscal year is 1% times the max- imum principal and interest pay- ments for any succeeding twelve months. Under our present rate of earnings, only an insufficient amount of new bonds could be issued for the ramp program. Further, since our entire park- ing program is in the planning state, any future development be- yond the proposed ramp will be hampered by the ordinance re- strictions. A greater flexibility than that now permitted will be required. Finally, I have been advised that the marketing of new bonds will be greatly affected by the fact that the parking system is already obligated to bonds in tho amount of $310,000.00. This may be to the extent of prohibiting a new issue. In order to overcome the diffi- culties I have sought the advice and help of Quail and Company, Incorporated. T h e i r representa- tives, Mr. Gadient and Mr. H. Pickard, have advised me that thev believe that outstanding bunds can be purchased. The company has tendered this service in the form of a contract with the city. I recommend that authorization be granted by the Council for the city to enter into a contract with the Quail Company to negotiate the purchase of outstanding Off - Street Parking Revenue Boads. Respectfully, Gilbert D. Chavenelle City Manager Mayor Schaller moved that ac- tion on the recommendation be deferred for a week. Seconded by Councilman Takos. CarriPii by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. November 15, 1962 Hon. Mayor and City Council Gentlemen: On July 27, 1962, Ambrose J. Scheller, Jr., 405 Southern Ave., Dubuque, Iowa, filed claim against the City of Dubuque in an un- specified amount for damages al- legedly suffered by him as a result of a storm occurring on July 22. 1962. I have made an investigation of this matter and find that on the date in question it rained 2% inches in a 20 minute period which rain caused water to flow off the St. George Subdivision onto Samuel Street ripping out 300 feet of sanitary sewer and de- positing parts of same with rock, debris and dirt at the end of Sam- uel Street causing a damming effect, thereby directing the flow of water upon the property of claimant, and therefore find no actionable negligence on the part of the City and recommend that the claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber m o v e d that the recommendation of the City Attorney be approved. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. November 15, 1962 Honorable Mayor and City Council Gentlemen: On August 20, 1962, Emil Alt - haus and Thelma Althaus filed Claim against the City of Dubuque as a result of damage allegedly suffered to their home at 2020 Green St., Dubuque, Iowa, claim- ing the City negligently construe - ed and graded an alley from Del- aware Street to Green Street in the City, in failing to instal., a storm sewer in said alley, and that the City negligently graded Alta Place in said City, which damage allegedly occurrad on July 22, 1962. I have made an investigation of this matter and find that on July 22, 1962, a rain of 2% inches within a period of 20 minutes occurred and that the flow of water flowed onto Green Street and overflowed the curb and catch S x-cial Session. Novemlx•r ly, 1W2 433 basin on -Alta Place, which was then in the course of construction. and flowed onto the property of the claimants, which being; low ground retained said flowage. At the time in question the alley lying immediately next to the Alt haus residence was bring filled and graded for purpose of improve- ing same, and in view of the foregoing, it is the recommenda- tion of the City Attorney that the claim of Emil Althaus and Thelma Althaus be denied. Original claim is attached here to. Respectfully submitted, R N Russo City Attorney Councilman Schreiber m o v e d that the recommendation of the City Attorney be approved, Sec- onded by Mayor Schaller. Carried by the following vote: Ye&,� Mayor Schaller. Council. men Horgan. Kean, Schreiber. Not voting—Councilman Takos. November 15, 1962 Honorable Mayor and City Council Gentlemen: On October 18, 1962, John Far- ley, Jr., Box 228 Loras College. filed claim for damages allegedly suffered to his car as a result of striking a hole on Dodge Strc-t at the intersection with Bryant Street on the 9th day of October 1962. 1 have made an investigation of this matter and find that on said date Dodge Street was under construction and therefore recom- mend denial of said claim Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber moved that the recommendation of the City Attorney he approved Sec- onded by Mayor Schaller Carried by the following vote: Yeas --Mayor Schaller, Council- men Fforgan, K e a n, Schreiber, Takos. Nays—Mone. November 19, 1962 Honorable Ma%or and City Council Gentlemen: On S!,ptcmber 1, llitt0, Charles F. Spielman and Mary M. Spiel- man as plaintiffs filed notice of suit pending in the District Court Of Iowa in and for Dubuque Coun. tv claiming damages in the amount of $1,182.10 allegedly resulting from the backing up of a sewer ad-jacent to plaintiffs' property which allegedly occurred on lIarch 29, 1W. Plantiffa have made an offer of settlement in the amount of $100.. 00, and it is the recommendation of the City Attorney that while this action could successfully be defended that it would serve the best public interest to accept said offer of settlement and it is the recommendation of the City At- torney that said offer he accept- ed, and the City Auditor he in- structed to draw a warrant pay- able to Charles F. Spielman and Mary M. Spielman, as husband and wife and individually, plus a war- rant in the amount of $13.80 pay- able to the district court clerk covering costs of said action, and to deliver the same to the City Attorney for transmittal to the plaintiffs on receipt of a duly executed release. Original claim is attached here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war. rent in the amount of $100• Pay- able to Charles F. dr "fart' M. Spielman and also a warrant in the amount of $13.80 payable to Clerk of District Court and deliver said warrants to the City Attorney for delivery. Seconded by blayor Schaller. Carried by the followin, vote: Yeas—:Mayor Schaller, council - ,nen Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Laura Il. Kirk, in the amount of $700., for personal injuries received in a fall on a defective sidewalk on the north side of 7th Street be. Wen the alley between blain lercust aml Main Street on Sep euted a p tember 21, 1962, p id read. Mayor Schaller moveu that the notice of claim be refon't'd to the City Solicitor for mvesliga- 434 Special Session, November 19, 1982 tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Naomi Zentner, in an un -named amount, for personal injuries received as the result of a fall in the street at 846 Euclid Ave., on November 9, 1962, presented and read. Mayor 1-challer moved that the notice of 'aim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. ORDINANCE NO, 56.62 An Ordinance vacating a portion of Heeb Street abutting the prop- erty of the National Tea Co. at 20th and Central Avenue, present- ed and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. man Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Counvil- men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Schreiber m o v e d that the rules be suspended re- quiring an Ordinance tt be read on three separate days. Seconded by Councilman Takos. Carried L y the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. ORDINANCE NO. s&62 WHEREAS, the National Tea Co. has petitioned the City of Du- buque for the vacation or that por- tion of Heeb Street lying between the northerly and southerly lines of the National Tea Co, property located at '20th Street and cen- tral Avenue In Dubuque, Iowa, and all the owners of the property abutting thereon have consented to such vacation; and WHEREAS, the Planning and Zoning Commission of City of Du- buque, Iowa recommends the vaca- tion of same subject to retaining easement for existing storm new- er; and WHEREAS, City Council of Du- buque, Iowa, finds that portion of Heeb Street petitioned to he va- cated serves no public purpose and It would serve the best public in- terest that same be vacated. NOW THEREFORE BE IT ()R- DAINED BY THE CITY COUN- CIL OF DITBUQt1E, IOWA: Section 1. That portion of Heeb Street abutting the property of the National Tea Co. in the City of Dubuque, Iowa and which prop- erty Is described as follows: Lot 1, Lot 2 and Lot 3 of L. H. Langworthy's Addition to Dubuque, and also the Northerly % of Lot 1 of the Subdivision of City Lots 428 and 438 and that part of I.ot 676 not Included In the plat of L. H. Langworthy's Addition to Dubuque. all In the City of Du- buque, Iowa; be and the same In hereby vacated subject to perpet- ual easement running In favor of City of Dubuque, Iowa in and to the storm newer lying and existing In Heeb Street and the rights and Interest of the City of Dubuque, Iowa, in and to said storm newer be and the same nre hereby per- petually reserved unto the City of Dubuque, Iowa, Including right of entry for repair and maintenance thereof. Section 2. That the City Clerk be and he Is hereby authorized and directed to record a certified copy Of this Ordinance In the office of the County Recorder In and for Dubuque County, Iowa. sed this 19th day ppproved f dNo emband er, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HOROAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Tele- graph -Herald newspaper this 23rd day of November 1968. Leo F. Frommelt I t. 11-23 City Clerk Councilman Schreiber m o v e d the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Peoples Natural Gas requesting premission to cut a 4' x 6' hole in the street at 1105 University Avenue, presented and read. Councilman Takos moved that the petition be granted. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. Special Session. November 19, 1962 435 petition of John C. Comer et at tion is terrifying. City Engineer objecting to the rezoning of the John White was called upon by Rhomberg Avenue the Council and presented a total west side of from 1211 to 1227, presented and approximate cost figure of $12, - Councilman Schreiber m sved 835.00, covering grading, storm read. that the petition be ref- rred to sewer, curb do gutter and paving. Commis Councilman Horgan moved that the Planning & Zoning Seconded by Councilman the petitions relative to the exten sion. Takos. Carried by the following sion of Riker Street be referred to the Council to view the grounds. vote: Seconded by Councilman Takos. Yeas—Mayor Schaller, council -Carried by the following vote: men Horgan, Kean, Schreiber, yeas—Mayor Schaller, Council- Takos. men Horgan. K e a n, Schreiber, Nays—None. Takos. Petition of Richard H. Logan Nays --None. et at requesting the extension of petition of Ken L. Meisenburg, Riker Street from Dunn Court to requesting a refund of $100., on Rush Street without assessment in the unexpired portion of Class order to relieve a traffic problem B" beer license No. 58, as he has in the Bryant -St. C'olumbkille discontinued business Novem- discontinued n school area, presented and read. 1ued presented and read. Councilman Takos moved that the `fa`or Schaller mored that the rules be suspended in order to be granted and the Auditor let anyone present address the Seconded refund issuea instructed issue a warrant in to Council if they so desire. the amount of payable Kean. Carried 5Y Ken L. Meinsenburg to cover the theCouncilman the following vote: amount due on the unexpired Por- Yeas—Mayor Schaller, Council- tion of Class "B" beer license No. men Horgan, K e a n, Schreiber, 58 Seconded by Councilman Takos. Takos. Carried by the following vote: Council - Nays—None. Yeas—Mayor Schaller, K e a n, Schreiber, Mr. Richard Logan addressed men Horgan. the Council, representing 650 sign- Takos. Nays—None. ers in favor of the extension that November 16, 1962 Riker street, by resquesting the Council make arrangements to To the Honorable Mayor visit the site. If the extension as and City Council suggested is not feasible it might Gentlemen Sanitary Street be that the Council could offer T h e Fengler has been completed incif`_ an alternate solution. Sewer with Plans and spe Petition of James Scharff et al cordance the Saffran Construe, objecting to the extension of Riker cations by Street due to the terrific assess- tion Company' recome at the improve ment cost as abutting property 1 cep( dnd beVery owners, presented and read, n1ent truly yours, Mr. Wm. Farnum of 1098 Rush Gilbert D. Chavenelle St, addressed the Council as a City Manager spokesman for the objectors by the Councilman Kean moved that stating that in his opinion traffic problem could be solved the the recomb enapaPtTo approved. Seco ded very easily if the cause were elimi• Manager Counc►Iman Svote fiber Carrie noted by spreading out the time of by Sunday masses at St. Columbkilles. by the follower Schaller, Council - During • the week there Is little yeas ---May' Schreiber, Horgan, Kean' or no trouble at all in the area. men From a financial standpoint it would be very hard to cope with, Takos. Nays—None. if the cost of the extension of assess' FINAL ESTIMATE No.the Riker street would be an able amount to be charged against RESOLUTION W11h:ItF.AS, the contract forinch the abutting property owners Miss of a fifteeFengler in Egelhstating fd th by construction (15") sanitary sewer watercil that the storm i 434 Special Session, November 19, 1982 tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Naomi Zentner, in an un -named amount, for personal injuries received as the result of a fall in the street at 848 Euclid Ave., on November 9, 1982, presented and read. Mayor gchaller moved that the notice of taim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 5"2 An Ordinance vacating a portion of Heeb Street abutting the prop- erty of the National Tea Co. at 20th and Central Avenue, present. ed and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos, Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Schreiber m o v e d that the rules be suspended re- quiring an Ordinance tc be read on three separate dayq. Seconded by Councilman Takos. Carried l y the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. ORDINANC■ NO. 5642 WHEREAS, the National Tea Co. has petitioned the City of Du- buque for the vacation of that por- tion of Heeb Street lying between the northerly and southerly lines of the National Tea Co. property located at 20th Street and Cen- tral Avenue In Dubuque, Iowa, and all the owners of the property abutting thereon have consented to such vacation; and WHEREAS, the Planning and Zoning Commission of City of Du- buque, Iowa recommends the vaca- tion of same subject to retaining easement for existing storm sew- er; and WHEREAS, City Council of Du- buque, Iowa, finds that portion of Heeb Street petitioned to be va- cated serves no public purpose and It would serve the best public In- terest that same be vacated. NOW THEP-EFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF DUBUQUE, IOWA: Section 1. That portion of Heeb Street abutting the property of the National Tea Co, to the City of Dubuque. Iowa and which prop- erty is described as follows: Lot 1, Lot 2 and Lot 3 of L. H. Langworthy's Addition to Dubuque, and also the Northerly % of Lot 1 of the Subdivision of City Lots 438 and 439 and that part of Lot 676 not Included in the plat of L. H. Lanlrworthy's Addition to Dubuque, all In the City of Du- buque, Iowa; be and the same is hereby vacated subject to perpet- ual easement running In favor of City of Dubuque, Iowa In and to the storm sewer lying and existing In Heeb Street and the rights and Interest of the City of Dubuque, Iowa, in and to said storm sewer be and the same are hereby per- petually reserved unto the City of Dubuque, Iowa, Including right of entry for repair and maintenance thereof. Section 2. That the City Clerk be and he Is hereby authorised and directed to record a certified copy of this Ordinance in the office of the County Recorder In and for Dubuque County, Iowa. Passed, adopted and approved this 19th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Tele- graph -Herald newspapper this 23rd day of November 196E. Leo F. Frommeit 1 t. 11-23 City Clerk Councilman Schreiber m o v e d the adoption of the Ordinance. Sec- onded by Councilman Takos. Car. ried by the following vote: Yeas—Mayor Schaller, Council men Horgan, K e a n, Schreiber, Takos, Nays—None. Petition of Peoples Natural Gas requesting premission to cut a 4' x 8' hole in the street at 1105 University Avenue, presented and read. Councilman Takos moved that the petition be granted. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Special Session, November 19, 1962 435 petition of John C. Comer et al t' objecting to the rezoning of the j west side of Rhomberg Avenue t from 1211 to 1227, presented and j read. Councilman Schreiber m•ived that the petition be ref,rrrcd to s the planning & Zoning Commis ,ion. S e c o n d e d by Councilman t Takos. Carried by the following i vote: Yeas•—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. petition of Richard H. Logan et al requesting the extension of Riker Street from Dunn Court to Rush Street without assessment in order to relieve a traffic problem in the B r y a n t -St. ('olumbkille school area, presented and read. Councilman Takos moved that the rules be. suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried 5y the following vote: yeas --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Mr. Richard Logan addressed the Council, representing; 650 sign- ers in favor of the extension of Riker street, by resquesting that the Council make arrangements to visit the site. If the extension as suggested is not feasible it might be that the Council could offer an alternate solution. Petition of James Scharff et al objecting to the extension of Riker Street due to the terrific assess- ment cost as abutting property owners, presented and read. Mr. Wm. Farnum of 1098 Rush St. addressed the Council aN a spokesman for the objectors by stating that in his opinion the traffic problem could be solved very easily if the cause were elimi- nated by spreading; out the time of Sunday masses at St. Columbkilles. During the week there is little or no trouble at all in the area. From a financial standpoint it would be very hard to cope with, if the cost of the extension of Riker street would be an assess- able amount to be charged against the abutting property owners Miss Egelhof addressed the Council by stating that the storm water s►tua ti is terrifying. City Engineer ohn White was called upon by he Council and presented a total approximate cost figure of $12,. 835.00, covering grading, storm ewer, curb & gutter and paving. Iouncilman Horgan moved that he petitions relative to the exten• Sion of Riker Street be referred to the Council to view the grounds. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n. Schreiber, Takoays. Ns—None. I of Ken L. Meisenburg, requesting a refund of $100., on the unexpired portion of Class "B" beer license No. 58, as he has discontinued business on Novem- ber 5, 1962, presented and read. Mayor Schaller moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $100. payable to Ken L. Meinsenburg to cover the amount due on the unexpired por- tion of Class "B" beer license No. 58. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. November 16, 1962 To the Honorable Mayor and City Council Gentlemen: T h e Fengler Street Sanitary Sewer has been completed in ac- cordance with plans and specifi cations by the Saffran Construe* tion Company. 1 recommend that the improve- ment be accepted. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: yeas -.--Mayor Schaller, Council' men Horgan, Kean, Schreiber, Takos. Nays—None FINAL ESTIMATE RESOLUTION NO. T 42-62 WHEREAS, the contract orithe nch construction of a en ler (15") sanitary sewer in F g 4:36 Special Session, November 19, 1962 Street from the existing manhole in Kerper Boulevard thence west erly 503 feet to the existing; man- hole first west at Peosta Street. has been completed and the ('ity Engineer has submitted his final estimate showing the cost thereof BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said im,)rnve- ment is hereby determined to be $5,200.80. That none of the co-', lbereo` shall be assessable upon private property and $5,200.130 shall be Paid from the Sanitation Fund Municipal Improvements of the City of Dubuque. Passed, adopted and approved this 19th day of November 1962 LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Sec. onded by Councilman Takos. Car. ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. (A resolution accepting improve- ment) RESOLUTION NO. 243.62 WHI. REAS, the contract for the construction of a fifteen inch (15") sanitary sewer in Fengler Street from the existing manhole in Kerper Boulevard thence. west- erly 503 feet to the existing man- hole first west at Peosta Street. 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 con. tract, plans and specifications and recommends its acceptance, now therefore. BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation (,f the City Manager be approved and that said improvement bu and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is directed to pay to the con- tractor from the Sanitation Fund :Municipal Improvements upon the above described improvement in amount equal to the amount of his contract, less any retained per. centage provided for therein. Passed, adopted and approved this 19th day of November, 1962. LOUIS SCHALLER JOHN P. SCHREIBER PETER J. TAKOS JAMES T. KEAN ROBERT J. HORGAN Councilmen i Attest: LEO F. FROMMEI.T City Clerk Councilman Takos moved the adoption of the resolution. See. onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 14462 WHEREAS, there has been filed with the City Clerk a plat of Chem. ical Subdivision in the City of Dubuque, Iowa, prepared by Cul- len-Schiltz & Associates, Engineers, dated November 13, 1962; and WHEREAS, the City Council of Dubuque, Iowa, has examined said Plat and same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the plat of Chem- ical Subdivision into Lot l and Lot 2 thereof, in the City of Du- buque, Iowa, dated November 1:3, 1962, prepared by (sullen Schi:lr & Associates, Engineers. be and the same is hereby approver. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat on behalf of the City and the City Clerk is directed to record said plat in the office of the County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 19th (lay of November, 1962, LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Special Session, Novemhe•r 19, 1%,2 Councilman Takos moved the adoption of the resolution See onded by councilman Kean Car- ried by the tollowuiiC vote: Yeas—Mayer Schaller, Coureil- men Iforgan. K e a n. Schreiber, Takos. Nays—'gone RESOLUTION NO. 245.62 WHEREAS, there ha been filed with the City Clerk a plat of vacated portion of Oak Street in Union Addition in the City of Dubuque. Iowa, prepared by Cul- len-Schiltz & Associates, Engineers, dated ':November 9, 1962, and WHEREAS, the City Council of Dubuque. Iowa, has examined said plat and finds that same should be approved. NOW THEREFORE BE 1T RE• SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the plat of vacated portion of oak Street in Union Addition, City of Dubuque, Iowa, hereafter known as Lot 236A, Union Addition, in the City of Dubuque, Iowa, prepared by Cul len-Schiltz & Associates, Engineers, dated November 9. 1962 be and the same is hereby approved. Section 2. That the Mayor and Clty Clerk be and they are hereby authorized and directed to execute said plat on behalf of the City. and the City clerk is directed to record said plat in the office of the County Recorder in and for Dubuque county, Iowa. I'd:+aed, adopted and approved this 19th day of November, 1962 LOOS SCHALLER Mayor JOHN Y. SCHREIBER PETER ,1. TAKOS JAMES J. KEAN ROBERT J HORGA% Councilmen Attest: LEO F F'RO}11tEI,r city clerk Councilman Takos moved that the City Manager be authorized to negotiate for the sale of the prop erty and the Pity Solicitor be in structed to draw proper proceed- ings. Seconded by Councilman Kean. tarried by the following vote: Yeas, --Mayor Schaller, Council men Horgan, K e a it. Schro cher. Takos. Nays --None iM RESOLUTION N0, 24642 WHEREAS, there has been filed with the City Clerk a plat of SEARS -ROEBUCK & CO., Subdi. vision No 1 & No. 2 in the City of Dubuque, Iowa, prepared by Cullen-Schiltz & Associates, En. gineers, dated November 17, 1962; and WHEREAS, the City Council of Dubuque, Iowa, has examined said Plat and finds that same should be approved, and that the dedica- tion to the public of that portion of Huff Street as shown on said Plat be and the same is hereby approved and confirmed. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Suction 1. That the plat of SEARS -ROEBUCK & CO., Subdivi- sions No. 1 &tio. 2 in the City of Dubuque, Iowa, prepared by C ullen-Schiltz & Associates, En- gineers, dated '.November 17, 1962, a copy of which marked Exhibit "A" is here to attached and by reference made a part hereof be and the same is hereby approved. Section 2. That upon delivery of deed by Illinois Central Railroad Co. to City of Dubuque, Iowa con- veying a parcel of real estate to City of Dubuque. Iowa, that the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat on behalf of the City of Dubuque and thereupon the Pity Clerk is directed to record said plat in the office of theCoun- ty Recorder in and for Dubuque County, Iowa. Section 3. That the City of Du- buque. Iowa hereby dedicates to the public that portion of Huff Street as shown upon said plat of SEARS -ROEBUCK & CO., Sub- divisions No. 1 & No. 2 in the city of Dubuque, lowa. Passed, adopted and approved this 19th day of November, 1962. LOUIS SCHALLER Mayor JOHN I'. SCHREIBER PETER J. TAKOS JAMES J. KEAN itoBERT J. HORGAN Councilmen Attest: LEO F. Cit��R(M MELT councilman Takus moved the adoption of the resolution. Sec, 438 Special Session, November 19, 1982 onded by Councilman Kean. Car- I Approved ... March �- .................................1983 ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Mr. C. E. Mullin, a representa- tive of the Veterans Dubuque Mem- orial Day Committee, addressed the Council requesting property on City Island, preferably the area around the wells for the construc- tion of a monument honoring the war dead of the City. Councilman Takos moved that Mr. Mullin and representatives meet with the City Manager, Mr. Hail -Water Superintendent, and Cletus Allen -Street Commissioner and submit a report at a future date. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Mr. R. F. Sefzik complimented City Engineer White and com- mittee on coming up with a set of figures relative to the cost of the proposed extension of Riker Street, and hoped the parking ramp committee could do likewise. COUNCIL RECESSED AT 10:10 P.M. COUNCIL RECONVENED AT 10:25 P.M. The Council was unable to reach a decision relative to a Dock Com- mission appointment during the recess period. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber. Takos. Nays—None. LEO F. FROMMEDT City Clerk A,1 --t-,1 March 4) low) City Clerk 4 L1 i StRvial Session, November 26, 1962 439 CITY COUNCIL OFFICIAL Special Session, November 26, 1962. Council met at 7:30 P. M. C. S. T. Present ---Mayor Schaller, Coun- cilmen Horgan. Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle, Mayor Schaller read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of granting authorization to enter into a contract with Quail & Co. to negotiate the purchase of out. standing off-street Parking Reve- nue Bonds in the amount of $310,- 000and acting on any other bus- iness as may properly come be- fore a regular meeting of the City Council. Councilman Takos moved that John J. Waltz be re -appointed to the Dock Commission for a three Year term to 11-26-1965. Seconded by Councilman Schreiber. carried by the following vote: Yeas—Mayor Schaller, Council- men Kean, Schreiber, Takos. Nays—Councilman Horgan. Councilman Horgan voted nay on Walt2's appointment because it is apparent that conflicts exist within the Commission. Mayor Schaller stated that he voted for Waltz because he be- lieves the present Commission has the interest of the citizens at heart. His vote for Waltz has nothing to do with labor or Mr. Kingsley. Even with controversy Mr. Waltz has done a fine job. I believe he is most conscientious and will continue to be so. Council- man Takos read the following state- ment in support of Mr. Waltz's appointment to the Dock Commis- sion. We who are in the service of the public, are continually subject to criticism. Our actions, our deci. sions, and our ideas are constantly analyzed, debated, praised and criticized. The public official who resents criticism should hastily de- part from public service. It is not healthy for a community to be devoid of criticism, I am, of course, speaking of constructive criticism. Whether it comes from a fellow counseler, an editorial or from the man on the street, it should be tnithful and objective. There is another type of criti- cism which any official has just cause to resent. It is the type which is not constructive, not honest and certainly, not in the best interest of the community. When t h e bounds of propriety have been over -stepped, when twisted facts and purposeful distortions become the means to an end, it is time to challenge the authors and set. the community's thinking =,raight. I find this course necessary in regard to John Waltz, Dock com- missioner. This man who : crved so ably for the past three years has been cruelly and maliciously attacked. His opponents represent a very small but vocal segment of the citizenry. They have been able thru various means to confuse the minds of many good citizens with distorted facts and mis-statements. Mr. Waltz should be commended for not fighting back. He realizes. as good citizens do, that in such a struggle there is only one loser —the community itself. This at. titude has produced for him still wider support and the respect of countless citizens who have seen thru the plan to discredit him. He should also be commended for his desire to continue to aerv^ the public. Many a man would be dis- allusioned at the unfair methods employed against him. At the outset, I want to point out that my remarks are not direct- ed toward Labor nor it's candidate. This group seeks representation on this board as they do on all city boards and commissions. They have not unfairly castigated Mr. Waltz in advancing their candidate and I highly commend them for it. Labor, in general, knowas Mr. Waltz is not anti -labor anymore than he is quote anti -business un- quote. Prior to Mr. Waltz's ap- pointment there was intermittent strife between the union and the Dock commission concerning wages and non-union labor. At the meet. ing of May 23rd, 1960, Mr. Waltz moved that skilled laborers be hired from the specific locals for the jobs to be performed by the Commission. At the present time, all employees are union men and all are paid union scale wages. 440 Special Session, November 26, 1962 With your indulgence, let us examine the main arguments ad- vanced against Mr. Waltz by the vocal minority. They can he Sum- marized as follows: When Mr. Waltz was appointed in 1980 on a split vote, the argu- ments used against him, and these can be found in the official record, were that he was against every• thing done to date at the Industrial park and secondly, that he had personal interests which might conflict with his official duties. His great efforts of river front development and the record refute the first argument. As, to his hav- ing conflicting interests, the vocal minority would have pounced on this were there any truth or even half-truth for that matter, in the claim. Both claims have no truth as a basis and do not rate further elaboration. Another argument advanced is that Mr. Waltz improperly con- ducted himself in the payment of bills contracted by the Dock Com- mission. If I were in Mr. Waltz's place, I too would have questioned the bulk of those bills also. It was not pointed out that the bulk of these bills were old ones, con- tracted for by the predecessors of Mr. Waltz. That some of them were older than two years, that some of them were not lived up to. In some cases there were outright violations of the contract. The vo- cal minority would have preferred that Mr. Waltz not get inquisitive, that, instead, he just sign his name to warrants amounting to tens of thousands of taxpayer's money. If he handled the financial affairs of the Commission as they would have preferred, I would be here fighting against his reappoint- ment. Today, after scrutiny and negotiation, all the old bills are paid. Today, the Dock Commission is run on a business -like operation that the public can be proud of. There are three other argu- ments which have been recently advanced against Mr. Waltz. They are as follows: 1) That he doesn't have a busi. nesslike attitude and a mutual re- spect for business. 2) That his handling of Indus. trial prospects have been messy, and 3) That he is quote anti -business unquote. If these claims contained any truth whatsoever it would not be possible to have this man continue as a Commissioner, as he would represent a liability which would not be in the interest of the com- munity. Who else would know bet- ter what kind of a Commissioner Mr. Waltz is, than the businesses on the waterfront or citizens who have an interest in its develop- ment. Here is what they say about Mr. Waltz. (read letters) I warmly thank each of the au- thors for frankly stating their per- sonal evaluation of a good citizen doing an outstanding public ser- vice. I do not believe there will be any effort to discredit the in- tention of the letter signers. Men like Mr. Eckland, Mr. Ibinger, Mr. Bell and Mr. Flynn as well as each of the others are men of integrity who did not have to advance a supporting document. They did so because they wish the public to know of a great service being performed by a conscientious and capable commissioner. They want tte public to know that Mr. Waltz is not "messy" in handling Dock Commission business and is not "anti -business." Now! I wish to become positive and inform you and the public what Mr. Waltz has stood for and how the city has profited during his tenure of office. 1) Upon his appointment, Mr. Waltz advocated a reverse position concerning the city dredge. It was his belief that with qualified help, the city dredge could perform an unparalleled service with unparal- leled lower costs. The city now has a fine dock labor force and this group has visibly produced as- tounding results. During the 1981 and 1962 sea- sons, the dredge earned $5,150.00 doing two private contracting jobs in addition to their regular work. The new pleasure boat harbor was dredged, the Interstate Power slope was dredged, and this year all but a small part of Area "A" has been completed. All equipment has been overhauled, including the over -due dry-docking of the dredge. The Commission employees placed the - -, Special Session, November 2(i, 1962 441 rock rip -rap on the East shore south of the 16th street bridge. They did the same on the new pleasure boat harbor as well as on the Fast bank of Area "A." In addition. they now do the clear- ing work necessary prior to dredg- ing. This new approach to river front development using city per- sonnel has resulted in thousands of dollars savings. 2) Office procedures have been completely revamped in the past two years. New equipment has been purchased and reports are now standardized and available to anyone seeking information. 3) Locations of each boat and float have been carded and a tag identification system has been set up, resulting; in a more efficient method of rental collection which has been a problem thru the years. and boat and float owners are aid- ed in times of distress by speedy identification. 4) Communication between the City engineering force and the Water department was also a prob- lem in the past. Now these two agencies work directly with the Dock commission to allow for bet- ter and more carefully executed planning. 5) There is now a continual ex- amination and enforcement of the minimum wharfage clauses in all leases. This action alone has pro. duced several thousands of dollars of added revenue. 6) Since Mr. Waltz's appoint- ment, there has been a careful ad. herence to the budget. The yearly budget now reflects a true picture of the Commission's financial transactions. 7) It is Mr. Waltz's belief and in- tention, as well as the other two commissioner's that the Dock com- mission can and should be oper- ated without city taxes. The tax asking reduction started with the 1960 budget. This year the com. mission received $8,000.00 in tax monies as opposed to a yearly average of $35.000.00 before 1960 budget, and Air. Waltz's appoint- ment. Riverfront improvement has remained constant despite the low- er requests for tax monies. Prior to 1961 budget, funds for riverfront development %+ere in addition to yearly allotment of taxes for regu• lar Dock operation. 8) lir. Waltz has made his posi. tion clear concerning the new In. dustrial Director. It is his belief that proper success in this field can only be obtained by relying on and cooperating with Mr. Dorothy. 9) 'Mr. Waltz has promoted the policy of seasonal purchasinc and the letting of bids in smaller quan. tities to attract more competition. This proceedure has also been of significant value in producing thou. sands of dollars of savings. and 10) Mr. Waltz has demon- strated in his dealings with busi. ness and industry that while he has their interest and success at heart he has the deep concern of the taxpaper whom he represents offic. ially. His position in this regard can beat be demonstrated by his own statement. Quote "The opera- tion of the Dock Commission is uni- que in so far as the other Commis- sions of the City are concerned due to the fact that we are dealing with private industry whose primary in- terest is profit. Therefore in deal- ing with these bodies it is import- ant that the Dock Commission con - corn themselves with the protec- tion of the taxpayer in as much as we tying up city property for as long as fifty years in some cases. Farsightedness is absolutely neces- Fury in these dealings. We must try to project the value of this land as well as the use of the land over the years. Changes in trans- portation modes, tonnage crossing our property which constitutes the hulk of our income must be con- sidered." Unquote. This statement of Mr. Waltz's contains wisdom and reflects the kind of thinking Dubuque needs now and in the future. This man has brought a type of reform to the Dock Commission which has pro. duced progressive action and un- told savings to the City. He has a knowledge of the waterfront and of th^ technical aspects of the Dock Commission that few individ. uals can equal. He has proven that he cannot be controlled b me, d►thd tial or group pressure. is Vi a vital attribute. The city Council and the City of Dubuque can be proud of the three years of service 31r. Waltz has rendered to date. j In reviewing, 'Sir, Waltz's fine I record and after examining the ¢42 Special Session, November 26, 1962 hollow charges of the vocal minor- ity, an old adage comes to my mind which I think befits the occasion. "The birds always peck hardest at the best piece of fruit on the tree." Another way of stating the same idea can be found in yester- day's Telegraph -Herald Editorial, "Opposition is good for a man. A kite rises, against, not with, the wind." October 25, 1962 Mr. John J. (Hank) Waltz Chairman, City of Dubuque Dock Commission 1552 Maple Street Dubuque, Iowa Dear Hank: The reason I am writing you this letter is to thank you and the other members of the Dock Com- mission for the very efficient way that you handled the business for the Dubuque Sports Bowl the past several years. In my opinion, you not alone handled this business in a very ef- ficient way, but you certainly were a gentleman at all times. I also wish to express my ap- preciation, and I'm sure I am speaking for a great majority of the citizens of Dubuque, for the fine work you did on Industrial Is- land and other places for the Dock Commission. I hope you continue serving our city in the same efficient manner as you have in the past. I know this takes a lot of your time, and I am sure the citizens appreciate the services that you rendered our community. Yours very truly, John J. Heiderscheit, President Dubuque Sports Bowl Corporation November 2, 1962 Mr. John J. (Hank) Waltz Chairman, City of Dubuque Dock Commission 1552 Maple St. Dubuque, Iowa Dear Hank: In a recent discussion with sev- eral of our members, I was re- quested to write a letter to you thanking you for the cooperation which we have received from the Dubuque Dock Commission. Your interest in the industrial and recreational development of the Mississippi River is appreciated by all of us, and we are sure it will be later beneficial to our children. If at anytime our organization can be helpful to your organization, kindly call on us. Again, Hank, thanks for your interest in our club and in Dubuqueland. Yours very truly, EI.DON J. NEWT, Jr. President Dubuque Water Ski Club Inc. October 30, 1962 Mr. John J. Waltz 1552 Maple St. Dubuque. Iowa Dear Mr. Waltz. We want to take this opportunity to express our appreciation for the good job you are doing as a mem- ber of Dubuque Dock Board. In regards to our business deal- ings with the Commission, you have always demonstrated a keen awareness of the problem and exer- cised good judgment in attaining a fair and reasonable solution with- out sacrificing the boat interests of the City of Dubuque. Keep up the good work. Best regards. Sincerely, J. A. Dodds & Sons Gerald L. Dodds October 27, 1962 Riverside Bowl To Whom it may concern: As a tenant on Industrial Island I have had the pleasure of working with the Dock Commission. John WLItz, better known as Hank, has done an outstanding job in his roll as a commisisoner. He has acted promptly at all limes on any problems which concerned us and the commission. He has been fair in his judgment and actions in attempting to eliminate these problems. It is the feeling of Myself and the entire staff here at Riverside Bowl that Hank is one Man that truly does the Job that is expected of an appointed official. He does an honest and sincere job of representing the people to high city government and in the same respect does the same fine .,A Special Session, November 26, 1962 443 job of representing the city to the people. We need more men like Hank in other commissions. GERALD G. PREGLER October 26, 1962 Chicago Great Western Railroad Company TO WHOM IT MAY CONCERN: This is to advise that during the past three years. our company has had various dealings with Mr. J. J. (flank) Waltz, as a member of the Dock Commission. In all my con- tacts and negotiations with him, I have personally found him most cooperative and sincere. In my opinion, his personal ef- forts have contributed greatly in the development of Area "A" in which the C.G.W. is so vitally in- terested. in view of our investment in said area. We have enjoyed very pleasant relationship with Mr. Waltz. Sincerely, W. F. CHANDLEE Division Freight Agent Earl M. Bell Terminal Superintendent Sinclair Refining Company 200 South Terminal Street Dubuque, Iowa November 5, 1962 Thru the efforts of "Hank" and his coworkers on the Dock Board I feel Dubuque can and will pros- per thru their common efforts. Sincerely yours, EARL M. BELL November 2, 1962 TO WHOM IT MAY CONCERN: This letter is to establish the fact that Mr. John Waltz, presently chairman of the dock commission, has given me his fullest coopera- tion in helping my company, The Janlin Plastic Company, to locate here in Dubuque, Iowa. Any diffi- culty which I have encountered in this move, I believe, has been due to other circumstances which 1 also believe he has nothing to do with. TO WHOM IT MAY CONCERN Per recent inquiry as to the capa- bility of Mr. "Hank" Waltz please be advised that 1 have found "flank" to be a very cooperative and able Dock Commission repre- sentative, and 1 feel duty hound to offer the following: At no time in our various deal- ings has "Hank" shown other than having the best interest of the Dock Commission and the City of Dubuque in mind. "Hank" conscientiously aided us in our recent entry into the as- phalt terminaling business. During the construction of our retaining rip -rap bank he showed by his dealings with the rock supplier that he had only the best in mind for us, the Dock Commission, and the city of Dubuque. To date we have no criticism, only praise for "flanks" help, aid and assistance in all our dealings and in particular his assistance rendered during our asphalt ex pansion program. Janlin Plastic Company ROBERT IBINGER, Owner October 25, 1962 Mr. John J. Waltz, President Dubuque Dock Commission Dubuque, Iowa Dear flank: Inasmuch as you have had an important part in determining the future location of our business, you might like to have prints of a couple of pictures we took on the occasion of the ground -breaking ceremony for our new plant in Du- buque Industrial Park. Here they are. We should also like to take this opportunity to thank you personal- ly for your positive attitude, initia- tive, interest and understanding relative to our situation at the time and also for your favorable esti. mate of our prospects for future growth, without which, I am afraid, our negotiations for a new growth - permitting location inb uque might, at one point, have feel now, as oken down completely it is often said, „all's well that ends well"—we are thankful and well pleased and shall always strive to justify the interest and confidence you have shown in us. THERMOLYNE CORP. C. J. Ecklund, President THRUPUT TERMINAIS 12th Street Extension Industrial Park "A" 4,14 Spevial Session, November 26, 1962 Dubuque. Iowa , Mr. Hank K. Waltz Board of Dock Commissioners hubuque, Iowa Dear Hank: Just a note to let you know we endorse your position on the Dock Commission and hope the city fa- thers see fit to keep you on in your capacity. Although we have had and un- doubtedly will have our differences we feel that you are doing a com- mendable job, and look forward to having you on the commission for some time to come. CARL J. BURBACH October 26, 1962 Mr. John J. Waltz Chairman Dubuque Dock Commission 1582 Maple Street, Dubuque, Iowa Dear Mr. Waltz: I wish to take this opportunity to tell you that I think the Du- buque Dock Commission, and you especially, have been doing a fine conscientious job. From our past conversations and negotiations, 1 know that you have a keen awareness of the short, and long term problems of business, and the applications of sound busi- ness procedures to the solution of these problems. I am also fully aware that the tedious, monotonous and noncon- troversial items you and the Dock Commission are faced with, get little or no attention, or praise. While on the other hand, it is easier for everyone to offer a bet- ter solution, or worse, unfair criti- cism, of any matter tinged with controversy. Again, I wish to state my appre- ciation of your doing a thankless job in a very commendable man- ner. Sincerely, THOMAS M. FLYNN Councilman Takos moved that his statement and the statements of the various firms be made a matter of the written record. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos, Nays—None. Communication of League of Iowa Municipalities advising that the Legislative Bulletin Service is available covering the proceedings of the 60th General Assembly be. in.- made available to League mem- hers at a reduced subscription rate, presented and read. Mayor Schaller moved that the communi- cation be referred to the City Manager. Seconded by Councilman Schreiber. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Lange's Insur- ance Agency advising that McDon- nell Excavating Service have dis- continued business and requesting cancellation of their blasting bond, presented and read. Mayor Schal- ler moved that the release be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Coates Insur- ance Aeency advising of renewal of the blasting bond issued to Con- lon Construction Co. for one year to November 22, 1962, presented and read. Councilman Schreiber moved that the communication be received and filed with the orig- inal bond. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Dubuque In- dustrial Bureau expressing an earnest desire for an immediate meeting of the City Council, City Manager and the Executive Com- mittee of the Dubuque Industrial Bureau, presented and read. Mayor Schaller moved that the communi- cation be referred to the Council and City Manager. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. -- Special Session_ November 26, 1962 445 communication of Mrs Marie Communication of Raymond G. Fncel submitting a bid of $1 b(1 for C•offintt submitting; his applica- the vacated portion of an alley tion for the position of Bailiff in off Carroll Street, now platted as th- Municipal Court, presented and I,ot IA of Walter Place, presented read, Mayor Schaller moved that and read. I)ue to the fact that no the anplication be referred to the mention was made in the bid to Cwim il. Seconded by Councilman pav publication costs, Councilman Tako- Carried by the following Schreiber moved that the bid he %ot,•: referred to the City Manager for Yea—Mayor Schaller, Council. further negotiation. Seconded by men Horgan, Kean. Schreiber, Mayor Schaller Carried by the fol- Tako� lowing vote: Nays—Node. Yeas --Mayor Schaller. Council. Communication of City Manager men Horgan. Kean, Schreiber, Chavenelle recommending that au- Takos. ! thorvation he granted for the City Nays—!gone. I to enter into a contract with the Communication of Wilbert H. 1 Quail Company to negotiate the Lange submitting a bid of $1.00 purchase of oustanding off-street for the vacated portion of an alley parking Revenue Bonds, which was off Carroll Street. now platted as prcviou=ly presented and read at 1.ot 22A Broadway Addition, pre- the Council meeting under date of sented and read. `Due to the fact November 19, 1962 at which time that no mention was made in theaction was deterred for one week, bid to pay publication costs, prevented and read. Councilman Schreiber moved that Mavor Schaller moved that the the bid he referred to the City ri commendation of the City Alan - Manager for further negotiation. ager be approved. Seconded by Seconded by Mayor Schaller. Car- Councilman Kean. Carried by the ried by the following vote: following vote: Yeas --Mayor Schaller. Council- Yeas_. -Mayor Schaller, Council- men Morgan, Kean, Schreiber, men Horgan, Kean, Schreiber. Takos. Takoq. Nays --None. lays—None. Communication of Joseph M. Notice of Suit by Edna Hantel- Blasen submitting a bid of $10.00. man, in the amount of $39.556.24. plus publication costs, for the pur- for personal injuries received in a chase of Lot 2.16A (Vacated Oak fall on'a defective sidewalk at 3rd Street) presented and read. Coun- and Bluff Street, on I)tTl'mber 19. cilman Takos moved that the bid 1960 presented and read. Mayor be accepted and referred to the Schaller moved that the Notice of City Solicitor for proper proceed- Suit he referred to the City Solicit- ings and the City Clerk be instruct- or Seconded by Councilman Schrei- ed to publish notice of public hear- ber, Carried by the following vote: ing of intent to dispose of real es- Yeas–_Mayor Schaller, Council - tate Seconded by Mayor Schaller. inen florgan, Kean, Schreiber, Carried by the following vote: Takos. -- YeasMayor Schaller, Council- Nays --None. men Horgan, Kean, Schreiber, petition of Earl Kiefer of 654 'I'akos. Nays-• Hone. iClarke Drive requesting the open. Communication of Christian lice ' r aro of1hisdproperty tolley t�Merchang to n s idsaver Sr. submitting, his app tion for the position of Bailiff or I Lan-, presented and read. council. ules be Deputy Ilailiff in the Municipal I mane nded inorderved toth�tranyone Court, presented and read. Mayor rc cot address the Council if tone Schaller moved that the applica 1 Councilman lion be referred to the ('ouncil. i �.o desire. Seconded 1 v the follow' Speonded by ('ouncilman Tako Schreiber. Carried Carried by the following vole' inn. vote Yeas Mayor Schaller. Council Yeas--Ma>'or Schaller,Schrc council - Yeas -.Mayor men Horgan. Kean. Schreiber men Horgan: Kean, Takos. Takos Nays– None N ay�None. 446 Special Session, November 26, 1962 Mr. Earl Kiefer addressed the Council relative to his petition by stating that years ago the property was open and would like to have it opened now to enable him to have access to a garage which he pro- poses to build. Mayor Schaller moved that the petition be referred to the City Manager and Street Commissioner. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. Petition of Hillcrest Builders Inc. et al requesting curb and gutter and a hard surfaced road on the Old Timers Road from Asbury to Pennsylvania Avenue, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Engineering Depart- ment. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Petition of Delbert Miller re- questing the installation of proper street lighting in the area at 1909 Pierce Street, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 247-62 Resolution accepting an eight inch Sanitary Sewer construct. ed in Shiras Avenue and Or- chard Hills Subdivision. WHEREAS, under the provisions of Resolution No. 279-61, Orchard Hills Inc., Henry J. Kieffer, Pres., has constructed a sanitary sewer, and WHEREAS, the City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, the permittee under said ordinance has filed with the City Council a certified statement showing all the amounts paid in connection with the construction of said sewer, including engineer- ing and inspection fees amounting to $7,035.21. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That said sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque. Section 2. That the acceptance of said sewer by the City of Dubuque and the establishment of said sew- er as a public sewer shall not be construed to relieve Orchard Hills Inc., Henry J. Kieffer, Pres., or their contractor, or their bonds- men from their obligation, or the obligation of any one of them to keep said sewer in good repair for a period of not less than four years from the date of this resolution as provided in Resolution No. 279.61. Section 3. That hereafter any person or persons desiring to con- nect with said sewer, shall first apply to the City Manager for per- mission to do so and such permis- sion shall be granted upon condi- tion that the applicant shall pay to the City Treasurer for the account of Orchard Hills, Inc., Henry J. Kieffer, Pres., a connection charge of $3.08 per front foot of land to be served by said connection. How- ever, nothing in this resolution shall be construed to exact any charge for any extension of said sewer by the City of Dubuque or its permittees. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the Office of the County Recorder of Du- buque County, Iowa. Passed, adopted and approved this 26th day of November, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Special Session, November 26, 1962 447 Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. LEO F. FROMMELT. City Clerk Approved ...,,March .L 1963 Ila Adopted ........ rCh.....Ita....... 1963 ................ I .......... ,..... Clerk Iiv,Illhr Session, December 3, 1982 449 CITY COUNCIL' OFFICIAL Regular Session, December 3, 1982_ Council met at 7:30 P. M C. S. T. Present—Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. May(.r Schaller read the call and stated that service thereof had been duly made and that this is the regular monthly meeting of the City Council for the purpo,e of acting upon such business as may properly come before the meeting. Communication of Fred N. Ran- dle submitting an application for the position of bailiff in the new municipal court, presented and read. Councilman Takos moved th et the application be referred to the Council. Seconded by Mayor Schaller. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of Hugh B. Cal- lahan seeking information as to the date of inauguration of the Municipal Court and also submitt- ing his application for a position in the new Court structure, pre- sented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of G e o r g e J Oberhoffer submitting his applica- tion for the position of Bailiff in the new Municipal Court, presented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by Coin cilman Kean. Carried by the fol- lowing vote: Yeas --Mayor Schaller, Council- men Horgan, h e a n, Schreiber, Takos. Nays—None. Communication of Archie G. Schreiber submithnir, his applica tion for the po-ilion of Deputv Bailiff in the new Municipal Court, presented and read. Councilman Takos moved that the communica. tion be referred to the Council. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. :Ways—None. Communication of Leroy J. Basten submitting his application for the position of Bailiff in the new Municipal Court, presented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Dubuque Coun- ty Bar Ass'n. transmitting a copy of resolution adopted at their meeting of November 20, 1962, recommending to the Council that a separate and distinct Municipal Court Clerk and Bailiff be hired to fill the offices in the new Municipal Court by people other than presently employed personnel of the City presented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of W i l b u r J. Chilton submitting his application for the position of bailiff in the new Municipal Court, presented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, men Horgan, Kean, Schreiber, Takos. Nays—None. Communication of Howard Bue- low submitting his application for the position of bailiff in the new Municipal Court, presented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by .},50 Regular Session, December 3, 1962 cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Communication of Senior High School expressing their thanks for permission granted by the Council to display limited aerial fireworks at their home football games, pre- sented and read. Mayor Schaller moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays --None. Printed Council proceedings for the month of August 1962, pre sented for approval. Mayor Schal- ler moved that the Council pro- ceedings for the month of August 1962 be approved as printed. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan. K e a n, Schreiber, Takos. Nays—None. December 3, 1962 To the Honorable Mayor and City Council Gentlemen: The City of Dubuque had entered into an agreement with Mr. Nich- olas J. and Esther F. Kopp for the purchase of right-of-way for Carter Road Extension. In the agreement it was agreed that the assessment would be levied against the total Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of I.ot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm. This was done before the preliminary schedule of assess- ment was filed. Since that time Mr. Nicholas J. & Esther F. Kopp have subdivided said lot into Car- ter Ridge Subdivision. Mr. & Mrs. Kopp have requested that the as- sessment levied against this prop- erty be levied as if subdivided. Therefore, in accordance with pro- visions of Section 391.63 of the Code of Iowa, I herewith submit plans of divisions of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm, owned by Mr. Nicholas J. & Esther Kopp, into Block 3 and 4 of Carter Ridge Addition. I further request that the City Clerk, City Treasurer, and County Auditor be authorized and notified to apportion the assessments pres- ently levied against Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 2 of Lot 1 of Lot 2 of Lot I of Highland Farm for the im- provement of Carter Road with Biot Mix -Hot Laid Asphaltic Con- crete paving. Carter Road is in- cluded in the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, Section 1, as is shown on attached City of Dubuque, Iowa, Schedule of Assessments. The assessments levied against said lots are all assumed by Mr. Nicholas J. and Esther F. Kopp. Respectfully submitted, John L. White City Engineer SCHEDULE OF ASSESSMENTS For Carter Road Extension with Hot Mix -Hot Laid Asphaltic Con- crete paving from North property line of Kane St, northerly to the South property line of Lot I of Lot I of Lot 2 of Lot 1 of High Land Farm. Nicholas J. & Esther F. Kopp, Lot 2, Block 3 Car- ter Ridge Add ...................$ 4.45 Nicholas J. & Esther F. Kopp, Lot 3, Block 3 Car- ter Ridge Add ................... 51.68 Nicholas J. & Esther F. Kopp, Lot 4, Block 3 Car- ter Ridge Add . ................ 110.48 Nicholas J. & Esther F. Kopp, Lot 5, Block 3 Car- ter Ridge Add . ................ 80.19 Nicholas J. & Esther F. Kopp, Lot 6, Block 3 Car- ter Ridge Add . ................ 35.64 Nicholas J. & Esther F. Kopp, Lot 7, Block 3 Car- ter Ridge Add ................... 48.11 Nicholas J. & Esther F. Kopp, Lot 8, Block 3 Car- ter Ridge Add ................... 88.75 Nicholas J. & Esther F. Kopp, Lot 9, Block 3 Car- ter Ridge Add ................... 117.61 Nicholas J. & Esther F. Kopp, Lot 10, Block 3 Carter Ridge Add ............. 122.06 Nicholas J. & Esther F. Kopp, Lot 11, Block 3 Carter Ridge Add ............. 174.64 Regular Session, December 3, 196? 4551 Nicholas J. & Esther F. Kopp, Lot 1, Block 4 Car- ter Ridge Add. ..... --,... 194.23 Nicholas J. & Esther F. Kopp, Lot 2, Block 4, Car- ter Ridge Add. .... 151.47 Nicholas J. & Esther F. Kopp, Lot 3, Block 4. Car- ter Ridge Add. . 158.59 :Nicholas J. & Esther F. Kopp, Lot 1, Block 4, Car- ter Ridge Add. ........... . 140.77 Nicholas J. & Esther F Kopp. Lot 5, Block 4, Car- ter Ridge Add. ..._ ..... .. .... 140.77 Nicholas J. & Esther F. Kopp. Lot 6, Block 4, Car- ter Ridge Add . ...... ....... 208.W Nicholas J. & Esther F. Kopp, Lot 7. Block 4, Car- ter Ridge Add. .......... .. . 190.68 Nicholas .I. & Esther F. Kopp, Lot 8. Block 4. Car- ter Ridge Add ................. 190.68 Nicholas J. & Esther F. Kopp, I.nt 9, Block 4, Car- ter Ridge Add. ... _ ..... ... _ 158.59 Nicholas J. & Esther F. Kopp, Lot 10. Block 4, Carter Ridge .Add... . 194.23 Nicholas J. & Esther F. Kopp, Lot 11, Block 4, Carter Ridge Add.... .. 85.53 Total ..... I .............. $2,642.65 Councilman Schreiber moved that the recommendation of the City Engineer be approved and the Clerk he instructed W make proper filing in the County Auditor's of- fice. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takos. Nays—None. November 29. 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of .lack Schiltz request. ing street lights in Sunset Park. The area has been inspected and the following street lights are recommended: 1. Intersection of Kaufmann Av. enue and Bonson Road 2. Intersection of Kaufmann and Kimberly Drive. 3. Kaufmann Avenue between Lots 11 and 12. Block 3. 4. Kaufmann Avenue between Lots 7 and 8, Block 3. 5. On Kimberly drive between Lots 10 and 11, Block 2. 6. On Kimberly Drive between Lots 7 and 8. Block 2. Respectfully- submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeac—Mayor Schaller. Council. men Horgan, Kean, Schreiber. Takos. Pays—None. November 29. 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of Delbert Miller for a street light on Pierce Street. This area has been investigated and it is recommended that a street light be installed at the Southeast corner of Pierce and West Locust. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be Approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan. Kean, Schreiber, Takos. Nays—',None. ORDINANCE NO. 57-62 An Ordinance Vacating that por- tion of Oak Street deFeribed as Lot 236A Union Addition present- ed and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller. Council- men Morgan, Kean, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended requir- imc an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: yeas—Mayor Schaller, Council- 452 Regular Session, December 3, 1982 men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 57-62 ORDINANCE. VACATING THAT PORTION OF OAK STRE.F.T DE- SCRIBED AS IA)T 286A UNION' ADDITION. WHEREAS, petition has hereto- fore been filed with the City Coun- cil of Dubuque, Iowa. petitloning the vacation of portion of Oak Street which portion to be vacated ham been platted and Is presently known and described as Lot 288A U n i o n Addition (vacated Oak Street) in the City of Dubuque, lows: and WHEREAS, the Planning aond Zoning Commission of the City Dubuque, Iowa, has recommended the vacation of said portion of Oak Street, and WHREAS, the City Council of Dubuque, Iowa, finds that said por- tion of Oak Street should be vacat- ed as it serves no public purpose. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That portion of Oak Street presently known and de- scribed as Lot 286A Union Addi- tion (vacated Oak Street) In the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, adopted and approved this 8rd day of December, 1952. Louis Schaller Mayor John P. Schreiber Peter J. Takos James J. Kean Robert J. Horgan Attest: Councilmen Leo F. Frommelt City Clerk Published officially in the Tele- graph -Herald newspaper thin+ I th day of December 1962. Leo F. Frommelt it. 32/10 City Clerk Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. ORDINANCE NO. 58.62 An Ordinance Amending Budget as approved by Resolution No. 192.61 and Ordinance No. 1.62, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow. ing vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Schreiber m o v e d that the rules be suspended re. quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Councilman Schreiber m o v e d that a public hearing he held on the Ordinance on December 19, 1962 at 7:30 o'clock P.M. in tho Council Chamber at the City Hall and the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Hillcrest Builders Inc. requesting that Pennsylvania Avenue lying partly in the City and partly in the County be hard surfaced from the point where the present hard surface ends near th- westerly side of the City to the west boundary line of Key Knolls Subdivision, presented and read. Mayor Schaller moved that the petition be referred to the City Manager. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Sam Pusateri re- questing permission to excavate at 2425 Green Street, presented and read. Mayor Schaller moved that the petition be granted. Sec- anded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Petition of Wilbur & Dorothy Brandenburg requesting an inves- tigation of the situation of damages to their property at 2751 Carlton Avenue as the result of improving Carlton Avenue with curb & gutter and surfacing and the construc- tion of a 10' rock wall, presented and read. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Sec- Regidar Session. December 3_1962 453 onded by Councilman S, hreiber Yeas-.–llla%or Srhaller, Council. Carried by the following vote: men Horgan, Kean, Schreiber, Yeas --Mayor Schaller, Counri' Takos. men Horgan, Kean. y, hreibrr. Nays—None. Takos. Nays—Pone. Petition of John R. McCarty AttorneyCarl V. Riley addressed requesting a refund of igas5oon the unexpired portion of cigarette the Council as a repres�ntWve of license No. 118, as he has discon. the Brandenburgs. Th- I'-andpn. tinued bu=iness on November 20, burgs purchased the property on 1962'presented and read. Council. Carlton Avenue in 19`50 prior to man Takos moved that the refund the annexation of Lennox Addi- be granted and the Auditor in - tion in 1951. He pre:ivnted photos structed to issue a warrant payable to the Council showing the prop. to John R. McCarty, in the amount erty from various angles and par- of $50., to cover the amount due ticularly the one where the roof on the unexpired portion of of the house is practically touch- cigarette license No. 118. Seconded ing the 10' rock wall. lie r quest^d by Councilman Kean. Carried by that the : ituation be investigated the following vote: Councilman Schreib,•r moved yeas—Maynr Schaller, Council. that the p e t i t i o n be referred men Horgan, K e a n, Schreiber, to the City Solicitor ff,r investiga- Takos. tion and report. Seconded by Coun- Nays—None. cilman Takos. tarried by the fol- lowing vote: Petition of Louis J. Schaller re- Yeas—Mayor Schaller, Council. questing a refund of $50. on the un^'Kpired portion of cigarette li- men Horgan, K e a n, Schreiber cense No. 1, as he has discontinued Takos. busing -s on December 3. 1962, Nays—None, presented and read. Councilman Petition of John Neumeister et Takos moved that the refund be al (96 signers) requesting that granted and the Auditor instructed something be done about th^ scot to issue a warrant payable to problem, which seems to be par- Louis J. Schaller, in the amount the amount due ticularly intolerable in the nucth end of the City, presented and of $50., to cover on the unexpired portion of cigar. read. ette license No. 1. Seconded by Mrs. John Neumeister of 729 Councilman Kean. Carried by the Lincoln Avenue addressed the following vote: Council by stating that the prob- Yeas—Mayor Schaller, Council- lem is not of recent origin but men Horgan, Kean, Schreiber, has been going on •ome seven or Takos. eight years. Nays—None. Mr. Chas. Sonnenberg, District Petition of Joseph Shannon re - Manager of the Interstate Power a refund of $100. on the Company, stated that the smog questing unexpired portion of Class B beer and soot situation over the City at permit No. 83, as he has discon- the present title is being a; gravated tinued business on December 3, by their Company due to the fact 1962 presented and read. Council. that some of their soot control man Takos moved that the refund equipment is out of commission at be granted and the Auditor in - the present time. tie requested a structed to issue a warrant pay- aylittle in the littletime to correct the situation able to Joseph Shannon, the and promised that they are present amount of $100., 10 cover ly doine, all in their power to correct amount due on the unexpired per - No. it. Councilman Takos moved that the petition be received and filed tion of Class 11 beer permit Seconded by Councilman Kean. and that the nutter of rmoke 83. Carried by the followinr, vote: abatement he referred to the City yeas ---Mayor Schaller, Council Manager to report back to the Horgan, K e a n, Schreiber. Council at a subsequent time. Sec' men Takos. onded by Councilman Horgan. Car � Nays—None. ried by the following vote: 454 Regular Session, December 3. 1962 RESOLUTION NO. 248-62 AMENDING ALLOCATION OF FUNDS WHEREAS, the City Council of the City of Dubuque, allocated funds within the General Fund, Street Fund, Public Safety Fund, Sanitation Fund, Municipal Enter- prise Fund, Recreation Fund, and Trust and Agency Fund on Jan- uary 2, 1962, and WHEREAS, Paragraph 3 of Sec- tion 5 of the Acts of the Fifty - Fourth General Assembly provides that the City Council may amend the allocation of funds within the functional funds by resolution, therefore. Be it Resolved that the alloca- tion of funds within the General Fund, Street Fund, Public Safety Fund, Sanitation Fund, Municipal Enterprise Fund, Recreation Fund and Trust and Agency Fund are hereby amended by the following changes: GENERAL FUND Item 101 - City Council, from 7,865.00 to 8,365.00 Item 102 - City Manager's Office, from 38,670.00 to 42,670.00 Item 103 - City Clerk's Office, from 20,405.00 to 13,505.00 Item 122 - Plumbing Impector's Office, from 18,255.00 to 20.655.00 Item 123 - Electrical Inspec. Office, from 13,936.00 to 16,336.00 Item 147 - Planning and Zoning, from 21,968.00 to 19,088.00 Item 148C - Other Miscellan-,ous, from 39,050.00 to 39,550.00 STREET FUND Item 130 - Tree Trimming, from 29,767.00 to 25,067.00 Item 131 - Street Administra- tion, from 15,015.00 to 16,715.00 Item 135 - Street Construction, from 23,000.00 to 5,000.00 Item 141 - Snow Removal, from 50,000.00 to 71,000.00 PUBLIC SAFETY FUND Item 118 - Police Department, from 431,908.00 to 425,608.00 Item 119 - Fire Department, from 470,654.00 to 474,654.00 Item 119E - Fire Equipment, from 3,375.00 to 5,425.00 Item 148E - Ambulance, from 12,906.00 to 13,156.00 SANITATION FUND Item 117 - Levee Maintenance. from 4,350.00 to 4,560.00 Item 126 - Control of Cunta.-ious Disease, from 7,038.00 to 5,828.00 Item 127 - Sewer Maintenance, from 53,756.00 to 51,756.00 Item 134 - Rubbish, Garbage, Ash Coll., from 139,500.00 to 143.- 500.00 Item 140 - Street Cleaning, from 50,840.00 to 49,840.00 MUNICIPAL ENTERPRISE FUND Item 153A - Dock Operation, from 16.350.00 to 12,920.00 Item 153C - Riverfront Improve- ment, from 17,000.00 to 20,430.00 RECREATION FUND Item 145A - Recreation Admin- istration, from 20,828.00 to 21,228.- 00 Item 145B - Outdoor Recreation, from 32.019.00 to 37,519.00 Item 145E - Swimming Pool, from 26,161.00 to 20,661.00 Item 146J - Playground Improve- ment, from 5,360.00 to 4,960.00 TRUST AND AGENCY FUND Item 156J-1 Ia. Pub. Employee Retire., from 29,000.00 to 28.450.00 Item 1563-2 Fed. Old Age & Survivors, from 29,000.00 to 29.- 550.00 Passed, adopted and approved this 3rd day of December 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing on pro- posal to dispose of an alley run- ning from the northerly street line of Napier Street to the southerly lot line of Lot 2 of 2 of 150 in Mechanics Addition, in the City of Dubuque, to Fred C. Kueper, presented and read. No written objections were re- ceived and no oral objectors were present in the Council Chamber at the time of the public hearing. Mayor Schaller moved that the _Regular Session, December 3, 1982 _ 455 proof of publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 11964 WHEREAS, pursuant to notice of proposal to dispose of interest in real estate which notice was published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on the 8th day of November and the 15th day of November 1982. the City Council met on the 3rd day of December 1962, at 7:30 o'clock P.M. Central Standard Time in the City Council Chamber in the City Hall to consider the pro poral to dispose of the hereinafter described real estate, at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal: and WHEREAS, there being no writ- ten or oral objections to the pro- posal to dispose of the interest in real estate hereinafter described. NOW THERP:FORF. BE 1T RF SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Passed, adopted and approved this 3rd day of December 1982. I )ITIS SCHAUER Mayor .JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: I.EO F. F'ROMMEI.T City Clerk Section 1. That the disposal of the interest of City of Dubuque. Iowa, to FRED C. KUEPER cover. ing the following described Prop- erty, to -wit: Lot 160 Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby aP- proved. S*ction 2. That the Mayor and City Clerk are hereby authorised. empowered and directed to ex. ecute Quit Claim need, attached hereto, unto Fred C. Kueper, con veying interest of City of Du buque in and to said describec real estate and to deliver saic Quit Claim Deed upon receipt of payment of the agreed purchas, price of $10.00, plus costs of pub lication. Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Levy of Special Assessment and In- tention of the City Council to issue bonds to pay for the con- struction cost of the City of Du- buque 11182 Concrete Paving with Integral Curb Project No. 1, on the following portions of the fol- lowing named streets; 14th and Loras from White to Locust -Fourth Street from White to Bluff Street. James Street from Third Street to Wooten Street—presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, council- men Horgan, K e a n, Schreiber. Takos. ,Nays ---None. Communication ofTh as.m W. Me- to Laughlin objecting p Y of the surfacing assessment on Fourth Street, due to his inabilitv to pay, presented and read. Mayor Schal- ler moved that the comm Manag ication be referred to the City er and City Clerk. Seconded by e oun. cilman Kean. Carried by fol- lowing vote: council- y,as—Mayor Schaller, men Horgan. Kean, Takos. Nays—None. reported that Councilman Takos rhe Director he was contacted by of the Rescue Mission that they could receive a gift of $10011. pro- viding; the Citv would arrange to pay the amount due over and above the tto1in Sof fore' namely $157,70, .156 Regular Session, Devember 3, 1962 4th street concrete paving asses- ment. After Councilman Takos was advised of the legality of matters of this kind he moved that the City Manager inform the Director of the Rescue Mission accordingly. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Statement of City Clerk From - melt certifying that Notices of Levy were mailed to property owners in the assessment district of the City of Dubuque 1962 Con- crete Paving with Integral Curb Project No. 1 on November 13, 1962, according to the list as shown on the records of the Coun- ty Auditor, presented and read. Councilman Schreiber moved that the statement be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Statement of Edward Egan cer- tifying that notices of levy of as- sessment and Intention of the Council to issue bond; were posted in the assessment district of the City of Dubuque 1962 Concrete Paving with Integral Curb Project No. 1, on November 14, 1962, pre- sented and read. Councilman Schreiber m o v e d that the statement be received and filed. Seconded by Council. man Takos. Carried by the fol. lowing vote: Yeas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 250.62 SCHEDULE OF ASSESSMENTS Resolved by the City Council of the City of Dubuque, Iowa: That to pay for City of Dubuque 1962 Concrete Paving with Integral Curb Project No. 1, by Thus. Flynn Coal Co. contractor in front of and adjoining the same, a .special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set oppo site each lot or parcel of real estate, as set forth in the follow- ing schedule. City of Dubuque 1962 ConerMe Paving with Integral Curb Project No. 1. Construction Cost ........$ 98,146.44 City Share .................... 31,642.76 Assessable Amount ........$ 66,503.68 81,'� Extra Expense ..,.,... 5.320.29 5°% Interest -52 Days .... 480.29 Total Assessable Amt. ..$ 72,304.26 City Share ...................... 31,642.76 Total Cost ......................$103,947.0'2 Fourteenth Street and Loras Boulevard from the west property line of Wh;te Street to the west property line of Locust Street with concrete paving. Jos. F. & Cath. Heider- scheidt, Lot N. 82'-N. 26.2'-S 1/5, City Lot 455 ....................................$ 105.99 Jos. F. & Cath. Heider- scheidt, Lot S. 26.38-S. 49.47'-S.M. 1/5, City Lot 455 .................................... 237.58 Julien Imp. Co., Lot N. 22' V -S. 49.47-S.M. 1/5, City Lot 455 ............................ 182.30 Ed. J. Schroeder, Lot N. 1.92'-S.M. 1/5, City Lot 455 .................................... 13.86 Ed. J. Schroeder, Lot M. 1/5, City Lot 455 ............ 143.49 St. Patrickb C h u r c h& School, City Lot 462A .... 2,025.52 St. Johns Episcopal Church, Lot 2/5, City Lot 463 ............................ 1,858.22 St. Patricks Church & School, Lot M. 1/5, City Lot 463 ............................ 148.71 St. Patricks Church, Lot S. 1/4, City Lot 470 ........ 1,361.55 Frank J. Fox, Lot S.M. 1/4, City Lot 470 .................. 512.98 Oliver H. Nagel, Lot N.M. 1/4, City Lot 470 ............ 168.77 Carl W. Ziepprecht, Lot N. 2/5, City Lot 469 ........ 1,874.53 Cyril N. & Mary K. Lampe, Lot N. 41.2-M.1/5, City Lot 469 ............................ 168.77 St. Johns Parsonage, Lot S. 2/5, City Lot 475 .... 1,874.53 Wolf & Jennie Berk, Lot M. 1/5, City Lot 475 .... 168.77 Earl & Ruth A. Falk, Lot S. 42 2/5•N. 2/5, City Lot 476 ........................... 398.89 Regular Session, December 3, 1962 457 Earl & Ruth A. Falk, Lot ! N. 1/5, City Lot 449 .... 1,194.41 N. 60'•N 2.5, City Lot Agnes R. Wolf, Lot N. 476 ., ................. ........... 1,47781 25.3 M. 1/5, City Lot Walter A. & Leona Colin, 456 .................................... 143.49 Lot N. 4-M. 1i5, City Dubuque Bank A Trust Lot 476 ............................ 168.77 CO • 1,01 1, Dubuque Iowa Oil Company, Lot N. Bank & Trust Sub....... 1,719.79 1/5, City Lot 431 ........ 1,361.55 Helen C. Whippo. Lot S. Panaicta & Mary P. Pet- 25-5. 1/5, City Lot 455 .. 781.05 rakis. Lot N. ht. 1/5. Helen C. Whippo. Lot S. City Lot 431 .................... 512.98 18'-N. 26.2'-S. 1/5, City Leonard Smith, Lot N- tn- Lot 455 ............................ 307.37 M, 1 ,5, City Lot 431 .... 148.71 Bird Chevrolet Co., Lot Marie K Bergmann & M. 1/5, City Lot 461 .... 167.30 Helen L. Nennig, Lot S. 0. M. Schmid, Est., Lot 1/5, City Lot 432 ...••••• 1,361.55 1-1-N. 2'5. City Lot Rosella Kaep & John Mc. 481.................................... 8311.78 Keever, Lot S. %-S. M. Florence F. & Cleo E. 1/5, City Lot 432 . ......... 289.27 Smith Deutsch, Lot 1.1- Margt, Kettenhofen. Lot 2-1-N. 2.15, City Lot N. %.S. M. 1/5. City Lot 461.................................. 347.64 ,n.................................... 223.55 C. M. Schmid, Est., Lot 2-1- Mae J. Barry, Lot M. 1/5, 2.1-N. 2/5, City Lot 461 .. 195.02 City Lot 432 .................. 146.71 Carolyn T. Menke, Lot 1-2- Dubuque Bank & Trust, 2 1-N. 2/5, City Lot 461.. 136.48 Lot N. 75'-N. 3,5. City Arthur A Artus & Ger- Lot 444 ........................... 1,650.98 trude Westensee, Lot Carl J. Danglemeyer, Lot 2.2.2.1-N. 2/5, City Lot 1, Staufenbeils Sub. .... 295 46 461.................................... 95.55 Carl J. Danglemeyer, Lot David J.& Alice E. N. 16 %'-2, Staufenbeils I O'Mara, Lot 2-N. 2/5, Sub.................................. 9ti.RG I City Lot 461 .................... 165.02 . Adams Realty Co, , Lot Gerald C. & Bernice N. S. 31.5-S. v4City Lot Scherrer, Lot N. 60'4"- 443 _..... ,........ 1.02320 N. 215. City Lot 464 .... 1,476.67 ................... E. L. Scheppele, Lot N. Henry If. & Gert Verbugt, 19.7S. 14. ('ity Lot 443 .• 319.60 Lot S. 42'-N. 2/5, City Drew id. & Mary 4 Lot 464 ........................... Henry H. & Gert Verbugt, 393.30 Anthony, Lot S. M. V4. 512.90 Lot N. 'z-N. kr-M. 1/5, City Lat 443 ............. .... Drew M. & Mary' 1. City Lot 464 .. ........... 90.82 Anthony, Lot N. M.1/4, Frank S. Necker: Frank A. &Cora B. Ames, Lot City Lot 443 ...............••• 148.71 Lot & %.N. 1h-M. 1/5, City Alice Brown Maus. S. 1/5, City Lot 450 .... 1.194.41 ... Lot 464 ................. ...,.... 76.31 Evelyn G. Ruprecht, Lot $31,509.93 2-S. M. 1/5, City Lot 17904 .ds, concrete 6143.67 sq. y 450 . .............. ..class "A" 8" re $5.40 $33.175.82 General Drivers He Bldg. 2311.5 sq. ft. sidewalk Local, No. 421 concrete 4" .d . . 1,155.75 Corp., Lot I.S. M. 1 5. 287.31 lin, ft. driveway con' City Lot 450 •..• 19.9 trete 0 7.00 ...... ....... 69.30 Sam & Bluna Marmi-s. IA)t 13 no. of manholes or S. 1 j.M. 1/5, (11y Lot 143.49 grates - raised/lowered 450 .................... . Carl Ziepprecht, Lot M. w 35.00vd, concrete I 186.5 sq• 455.00 1/5, City Lot 449 . ..... 143.49 removal 0 1.00 ......•• .• 186.50 Dubuque Bank & Trust 590 5 SQ, yd, concrete Co., l.ol S. 12•N M 1 5, 196 16 sawing 41 .50 .... ........ 295.25 City Lot 440 Marie Rider Burch, Lot, 3 no of new manholes ring,, & covers dt 35.00 165.00 N. '-N, M. 1/5. City 253 H8 � no. of catch basins 894 00 Lot 449. ... _ .... _......... double !+ 494.00 .......... Marie Rider Burch, 1,01 458 Regular Session, December 3, 1962 7 no. of catch basins single 0 200.00 ............ 1,400.00 1 no. of catch basins type AA V 400.00 ................ 400.00 Lump extra work ............ 980.20 2 no. of tree removal 30" 0 125.00 ................ 250.00 $39,332.82 •City Share .................. 10,350.76 $28,982.06 8% Extra Expense .... 2,318.56 5% Interest - 52 Days 209.31 Total Assessable Amount ..........................$31,509.93 All of which is assessed in pro- portion to the special benefits con- ferred. Fourth Street from the west prop- erty line of White Street to the east property line of Bluff Street with concrete paving. Marion J. Ryder, Lot S. 20'-12, Original Town of Dubuque ..........................$ 246.57 City Mission of Dubuque, Lot N/44' 3"-12, Original Town of Dubuque ........ 1,157.70 Clem J. McGuire, Lot S. 2/3-11, Original Town of Dubuque .......................... 284.76 Robert E. Lawther, Lot N/1/3-11, Original Town of Dubuque .................... 196.41 Clem J. McGuire, Lot W. 29'-189, Original Town of Dubuque .................... 361.15 City of Dubuque, Lot E. 84'-189, Original Town of Dubuque .................... 1,046.16 Canfield Hotel, Inc., Lot 1, Canfield Place .......... 1,891.21 Canfield Hotel, Inc., Lot 2, Canfield Place ............ 922.58 C.M. St. P. R.R. Co., Lot 747, Original Town of Dubuque .......................... 2,611.98 Coca Cola Bottling Co. Inc., Lot S. 23' 10"-306, Original Town of Du. buque .............................. 133.82 Karl & Emily Page, Lot 8-8. '%-305, Original Town of Dubuque ........ 220.66 Coca Cola Bottling Co, Inc., Lot N. %-305, Orig- inal Town of Dubuque .. 179.28 Karl & Emily Page, Lot 2A-304, Original Town of Dubuque ...................... 203.84 Karl & Emily Page, Lot 3-304, Original Town of Dubuque ...... .................. 499.82 Mamie E. Cox Perkins, eta], Lot N. %-67, Orig- inal Town of Dubuque .. 118.06 Dubuque Post No. 3, Am - vets, Lot 1-S. %-67, Orig- inal Town of Dubuque ... 208.08 Adams Realty Corp., Lot 2-S. %-67, Original Town of Dubuque .................... 155.95 Iowa Oil Co., Lot S. 2'4". 94, Original Town of Du- buque................................ 25.01 Iowa Oil Co., Lot S. %-N. 62'-94, Original Town of Dubuque .......................... 265.21 Iowa Oil Co., Lot N. %- N. 62'-94, Original Town of Dubuque .................... 191.71 Iioward W. & Corrine L. Brown, Lot N. 19'6"-N. 38'-107, Original Town of Dubuque ...................... 108.96 Thomas A. O'Donnell & Marguerete Herbst, Lot S. 19'6"-N. 39'-107, Orig- inal Town of Dubuque .. 145.94 Lavern R. & Jerome H. Manders, Lot S. 25'6"- 107, Original Town of Dubuque .......................... 229.75 .l. F. & Veronica A. Kir- cher, Lot N. %-134, Orig. inal Town of Dubuque .. 128.36 Virginia Cook, Lot S. %- 134, Original Town of Dubuque .......................... 198.53 Marion Ratigan Fisher, Lot M. %-132, Original Town of Dubuque .......... 157.76 Rhomberg Realty Co., Lot N. ki-303, Original Town of Dubuque ........................ 374.03 Anthony Rhomberg, Lot S. %-303, Original Town of Dubuque .......................... 744.11 Rhomberg Realty Co., Lot 302, Original Town of Dubuque .......................... 419.19 Frank A. Fluckiger, Lot 301, Original Town of Dubuque .......................... 133.82 A. E. & Dorothy M. Feld- man, Lot S. 25'8"-236, Original Town of Du. buque................................ 133.82 A. E. & Dorothy M. Feld- man, Lot N. %-235, Orig. inal Town of Dubuque .. 179.28 Andrew D. Karigan, etal, Lot %-235, Original Town of Dubuque ........ 239.91 Regular Session, Dttiemher 3, 1962 459 Andrew I). Karigan, etal, D A.L. Bldg. Corp., Lot Lot 234, Original 'town Lot S. 28'6"-91, Original of 1►ubuque 1 1,118.14 Town of Dubuque ...... 174.43 S t a m p f e r Building Co , D.A.L. Bldg. Corp., Lot T.Ot 233, Original Town Lot N. 35.9"-91, Original of Dubuque •• • .... - • - . 1.118.14 Town of Dubuque ........ 307.80 g, B. Glover Co., Lot N. James M. Yiannias, Lot 26'7"-232, Original Town A 70A, Original Town of of Dubuque 1 18565 Dubuque ....................... 73.81 S t a m p f e r Building Co. James M. Yiannias. Lot 1.0t S 2511•232, Original N. 25'7"-70, 0 r i g in a 1 Town of Dubuque ... 2,33.54 Town of Dubuque ........ 232.02 if. B. Glover Co , I.ot 231. James M. Yiannias, Lot Original Town of Du• S. 22'9"-70, 0 r i g i nal buque . - 133.82 Town of Dubuque ...... 169.13 John A. Nagle, l.ot 188. Adams Realty Corp., Lot Original Town of Du- N. 44'6"-69, Original buque .- . ... 1,410.63 Town of Dubuque .- 1,176.80 Clayton J. Kramer & .loan James M. Yiannias. Lot S. C. Ridge, l.Ot 187, Orig• 20'6"-69, Original Town inal Town of Duhuque .. 477.84 of Dubuque .................... 250.51 Spiro & Demetra Bogas, D. & Genevieve Lot 14, Original Town 4.8 77 ,lames Cowan, Lot N. 47'6"- of Dubuque John A. Nagle. Lot 13. S m 26'6"•132, Orignial Original Town of Du- Town of Dubuque .......... 486,33 buque .... ..................•.... 1,410.63 ,fames D. & Genevieve Dubuque Pont No 3 Am, Cowan, Lot N. 21'-132, vets, Lot N. 11"-08, Orig- Original Town of Du, inal Town of Dubuque .... 9.70 buque ............................ Joseph P. Ellsworth, Lot Thomas W. & Helen E. S. 17'6"'-132, Original McLaughlin, Ut S. %* Town of Dubuque ....... 210.35 S. 33'61151, Original is Samuel Halpern, 'a Town of Dubuque ........ 93.51 Etta Halpern, 4 Fleu- John H. & Viola N. Casey, retta Halpern, 's Phyllis l.ot N. vt-S• 33'6"•131, Ha l p e r n Siperstie.n• Original Town of Du. 4iB int., Sarah Blank. buque ........................... 119.27 1.ot S. 63'7"-68, Original Walter Bradfield, Lot N. 1,413 36 Town of Dubuque ...... `t 24'.131, original Iowa Oil Co. Lot 93, Orig•Town of Dubuque ........ 203.23 inal Town of Dubuque 1,423.06 lu,eph P Ellsworth, Lot Lavern R. & Jerome ti. N. g 3 .131Original , Manders, Lot N. 20'•108, Town of Dubuque ..••••. • 61.53 Lot W. Original Town of Du 426;; Cl . ..... '1 buque ........... em J. McGuire, Original 190. Fischer Inv. Corp., Lot S. Town 1f 35.16 Town of Dubuque .• •�• 44'-108, Original Town Mem J. McGuire, Lot S. 1,181.85 McGu of Dubuque .. ...... ... . 12' E. 14'3"•190, Henry & Lucille Janson, Original Town of Du 83.96 Lot E. '-z-133, Original Town of Dubuque ... . 715,32 buque ............................... of Dubuque, Lot N. Henry & Lucille Janson, City 2'3"-E 84' N. 14'3"•190, l,Ot W. 1.2•133, OriginalOriginal 'Town of Du - 791.43 17.88 Town of Dubuque buque. Jut Fischer Inv. Corp, Ju Jerry Rola8, Louis mn 50.190, 110, Original Town of 48314 Rotman, Lot S. llu Dubuque -• Original Town of 341.14 Fischer Inv Corp., I.ot buque ................�� •'W. 101), Oric mal Town of 1,427 30 1 Fischer Inch CO- 114,,.1.524, Dubuque D.A L. Bilig. Corp, I.ol �,3„ Original Town of Du. 66.68 Lot 92, Original 'town 1,419.89 �, buque ............... Of Dubuque ..... 460 Regular Session, December 3, 1962 Fischer Inv. Co., Lot S. ray, Lot 13, Massey 38'6" - 1-524, Original 3834 sq. ft, sidewalk con- Town of Dubuque .... 311.74 Fischer Inv. Co., I.ot 1- concrete Ca 7.00 ........ 525, Original Town of Dubuque .......................... 98.66 Fischer Inv. Co., Lot 2- 525, Original Town of 705 sq. yd. concrete saw. Dubuque .................. ..... ing n .50 ...................... 18.79 Fischer Inv. Co.. Lot 2- rings & covers (it 524, Original Town of 440.00 Dubuque ........................ 189.59 $35,253.85 6788.26 sq. yds, concrete ray, Lot 13, Massey class "A" 8" Ca $5.40 ..$36,656.61) 3834 sq. ft, sidewalk con- 54.22 crete 4" @ .50 ............ 1.917.01) 17.1 sq. yds. driveways concrete Ca 7.00 ........ 119.70 18 No. of manholes or grates - raised/lowered 35.00 ........................ 630.00 275 sq. yds. concrete re- moval Ca 1.00 ................ 275.00 705 sq. yd. concrete saw. 16.86 ing n .50 ...................... 352.50 8 No. of new manholes rings & covers (it 2.02 55.00 ............................... 440.00 5 No. of catch basins double C 400.00 ........ 2,000.00 4 No. of catch basins single n 200.00 ........ 800.00 Lump, extra work ....... 3.034.82 1 No. of tree rernoval 528.47 27" 0. 100.00 ................ 100.00 $46,325.62 *City Share ................... 13,900.00 $32,425.62 8% Extra Expense 2,594.05 5% Interest - 52 Days .. 234.18 Total Assessable Amount ..........................$35.253.85 All of which is assessed in pro- portion to the special benefits con. ferred, James Street from the south prop- erty line of West Third St. to the north property line of Wooten Street with concrete paving. St. Joseph Mercy Hospital, Lot 2-2, Langworthys Place ....................................$528.42 St. Joseph Mercy Hospital, Lot W. 50'-11, Massey Heights................................ 260.13 John B. Oberhausen, trustee, Lot 12, Massey Heights .. 108.54 S. Frank & Betty L. Mur- ray, Lot 13, Massey Heights ............................... 54.22 Thomas J. III & Joan Mul- grew, Lot E. %-14, Massey Heights ................................ 16.55 Thomas J. III & Joan Mul- grew, Lot W. to -14, Mas- sey Heights ........................ 13.46 Thomas J. III & Joan Mul- grew, Lot E. 35'-15, Mas- sey Heights ........................ 16.86 John B. Sr. & Grace Mur- ray, Lot W. 5'-15, Massey Heights ................................ 2.02 John B. Sr. & Grace Mur- ray, Lot 16, Massey Heights................................ 14.67 St. Joseph Mercy Hospital, Lot 10, Massey Heights .. 32.43 Bessie G. & Margt. Bissel, Lot 1.9, Mineral Lot 73 .. 528.47 James W. & Leona E. Grant, Lot 1-1, Sub of 2 -Min. Lot 72 & 1 -10 -Min. Lot 73 & Min. Lot 74 ....................... 528.11 St. Joseph Mercy Hospital, Lot 1, Langworthys Place ..................................1.122,42 James R. & Carolyn D. Me- Gloughlin, Lot A -2 -2 -Sub. - 2 -Min. Lot 72 & 1-10 Min. Lot 73 & 2 -Min. Lot 74 .... 208.02 Iferbert E. & Kath. S. Dil- worth, Lot 1-B-2-2-Sub.2 Min. Lot 72 & 1-10 Min. Lot 73 & 2 -Min. Lot 74 .... 243.40 Herbert E. & Kath. S. Dil- worth, Lot 2 -B -2 -2 -Sub. 2 Min. Lot 72 & 1-10 Min. Lot 73 & 2 -Min. Lot 74 .... 253.13 Louis F. & Glendoris F. Kes- sler, Lot 1.1.2 -Sub. 2 -Min. Lot 72 & 1-10 Min. Lot 73 & 2 -Min. Lot 74 ............ 242.15 James R. & Carolyn Mc- Gloughlin, Lot 2 -1 -2 -Sub. 2 Min. Lot 72 & 1.10 Min. Lot 73 & 2 -Min. Lot 74 .... 8.61 Mary B u r n s Reckord & Charles H. Reckord, Lot 17, Massey Heights ........ 13.01 Eugene & Grace Loetscher, Lot 1-1.2.9, Mineral Lot 73 .......................................... 15.74 Gus Karigan & Durania Kar- igan, Lot 1, Mineral Lot 72 .......................................... 109.97 St. Joseph Mercy Hospital, Lot 3, Mineral Lot 72 .... 35.70 St. Joseph Mercy Hospital, Lot 4, Mineral Lot 72 ....... 75649 St. Joseph Mercy Hospital, Lot 5, Mineral Lot 72 .... 56.78 Regular Session, Deeeml)m 3, ^1962 --- 461 St. Joseph Mercy Hospital, l,ot 6, Mineral Lot 72 Richard 11. da Bary A. Le. may, Lot 2 -1 -Sub. 2 -Min Lot 72 do 1.10 Min. Lot 73 k 2 -Min. Lot 74 . , ... . . City of Dubuque. Lot 732. City Lot ................ _ .. .. St. Joseph Mercy Hospital, Lot 2.10, Mineral Lot 73 .. 16.30 89.30 8.79 25479 Total Amount $12,488.00 *City Share 7,39200 Assessable Amount $ 5.096.00 Salo Extra Expense 407.68 5% - 52 Days ... .. 36,80 Total Assessable Amount _._ $ 5.540.46 All of which is assessed in pro portion to the special benefits con. ferred. Passed, adopted and approved this 3rd day of December 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. MORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec onded by Councilman Takos Car- ried by the following vote: Yeas --Mayor Schaller, Council- men Ilorgan, K e a n, Schreiber, Takos. Nays --None Proofs of Publication, certified to by the Publishers of the Tele- graph lit -raid and Duhuque i rader. of Official Notice of proposal to authorize the issuance of street improvement bonds in the amount of $72,304.26 for the purpose of paying the cost of City of Dubuque 1962 Concrete Paving with Integral Comb Project No. 1, presented and read. Councilman Schreiber moved that the proofs be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays --None. RESOLUTION NO. 2SI42 R^solution providing for the issu- ance of Street Improvement bonds for the purpose of providing for the payment of the assessed cost of the Citv of Dubuque 1962 Con- crete Paving with Integral Curb Project No. 1 Whereas the contract heretofore entered into by the City of Du- buque, Iowa for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $72,304.26 Dollars of the cost thrreof shall he assessed against the property subject to assessment therefor; and Whereas public notice, as pro• vided by law, has been published by the City Clerk stating the in• tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of CITY OF DUBUQUE 1962 CONCRETE PAVING WITH INTEGRAL CURB. PROJECT NO. 1 on the following portions of the following named streets: 1. Fourteenth Street from Loras Boulevard from the west property line of White Street to the west property line of Locust Street. 2. Fourth Street from the West property line of Whine of te re t to the East property ff Street. 3. James Street from the south $5.540.48 1920 sq. yds. concrete class "A" 8" (1a $5 40 .$10,368 00 48 sq, ft, sidewalk con- crete 4" ro 50 . . ... . 24.00 3 No, of manholes or grates - raisedllowered (a 35.00 .... .................. 103.00 569 sq. vd. concrete re- moval i 462 Regular Session, Deccmlx•r 3, 1962 property line of Third Street to the north property line of Wooten Street. there shall be issued Street Im- provement bonds in the amount. of $72,304.26 Dollars in anticipation of the deferred payment of asses- ments levied for such improve- ment. 2. Such bonds shall be called Street Improvement bonds; and shall bear the date of January 3, 1963; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series No. 1, Bond No. 4072 to 4086 inclusive, $500.00 each, April 1, 1964 Series No. 2, Bond No. 4087 to 4101 inclusive, $500.00 each, April 1, 1965 Series No. 3, Bond No. 4102 to 4116 inclusive, $500.00 each, April 1, 1966 Series No. 4, Bond No. 4117 to 4131 inclusive, $500.00 each, April 1, 1967 Series No. 5, Bond No. 4132 to 4145 inclusive, $500.00 each, April 1, 1968 Series No. 6, Bond No. 4146 to 4159 inclusive, $500.00 each, April 1, 1969 Series No. 7, Bond No. 4160 to 4173 inclusive, $500.00 each, April 1, 1970 Series No. 8, Bond No. 4174 to 4187 inclusive, $500.00 each, April 1, 1971 Series No. 9, Bond No. 4188 to 4201 inclusive, $500.00 each, April 1, 1972 Series No. 10, Bond No. 4202 to 4215 inclusive, $500.00 each, April 1, 1973 Series No. 10, Bond No. 4216, $304.26, April 1, 1973 3. Said bonds shall bear interest at the rate of 5 per cent per annum, Payable semi-annually in accord- ance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub. stantially the following form: No. ...................................................... SeriesNo . .......................................... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of ........, or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with in. terest thereon at the rate of .5 per cent per annum, payable semi- annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are pay- able at the office of the City Treas- urer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396, of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 3rd day December, 1962, being Reso- lution No. 251.62. This Bond is one of a series of 145 bonds. 144 for $500.00 num- bered from 4072 to 4215 both in- clusive, and one for $304.26 num- bered 4216, all of like tenor and date, and issued for the purpose of the City of Dubuque 1962 Con- crete Paving with Integral Curb Project No. 1. as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1239 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prec- edent to and in issuing this series Of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrev- ocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has Regular Session, December 3, 1962 483 caused this bond to be signed by its Mayor and countersigned by its (,itv Clerk and the Seat of said City to be thereto affixed, this 3rd day of January, 1963. (SEAL) ......................................................... Mayor .............. ......................... City Clerk (Form of Coupon) On the ........ day of ................ the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said tx>nd, the sum of Dollars, in the office of the City Treasurer in the Citv of Dubuque, being months' in. terest due that date on its ... Bond No, ......... . dated ............... ....................................................... Mayor .......................... City Clerk 6. That the :flavor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1239 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bunds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg- ular United States Mail addressed to the last known address of the Purchaser. Passed, adopted and approved this 3rd day of December 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETERJ.TAKOS JAMES J. KEAN ROBERT ,1. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller. Council- men Horgan, K e a n. Schreiber, Takos. Nays—None. Proofs of Publication, certified to by the Publishers, the Telegraph Herald and the Dubuque Leader, of Notice of Levy of Special As- sessment and Intention of the City Council to issue bonds to pay for the construction of City of Du- buque 1962 Hot Mix -Hot Laid Asphaltic Concrete Resurfacing Project No. 2 on Dodge Street from Grandview Avenue to Bluff Street, presented and read. Councilman Schreiber m o v e d that the proofs be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Statement of Edward Egan cer- tifying that notices of levy of Special Assessment and Intention of the City Council to issue bonds were posted in the assessment dis. trict of the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Con- crete Resurfacing Project No. 2— Dodge Street—on November 14, 1962, presented and read. Council- man Schreiber moved that the statement be received d Kean. Seconded by Councilman Carried by the following vote: yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. Clerk From - Statement of Chaty t Notices of melt certifying own Levy were mailed toproperty ers in the assessment district of the City of Dubuque 1962 Hot Mix - Hut Laid Asphaltic Concrete Re- surfacing Project No. 1, Dodge •164 Regular Session, December 3, M2 Street, on November 13, 1962, ac- Sarah Hyland Banfield, Lot cording to the list as shown on I 1 -Sub. -2 & 2.3-598, City the records of the County Auditor, Lot ........................................ 6.63 presented and read. Councilman Howard Pixler, Lot 3 -Sub.. Schreiber moved that the state- 2 & 2-3-598 City Lot ........ 46.34 ment be received and filed. Sec- Howard Pixler, Lot 4 -Sub. -2 onded by Councilman Takos. Car- & 2-3-598, City Lot ............ 2.89 ried by the following vote: Yeas—Mayor Schaller, Council. Sarah Hyland Banfield, Lot men Horgan, K e a n, Schreiber, 1.3-598, City Lot ................ 45.32 Takos. Howard Pixler, Let 1.4598, Nays—None. City Lot .............................. 43.06 RESOLUTION NO. 252.62 Howard Pixler, Lot 2-4-598. SCHEDULE OF ASSESSMENTS City Lot .............................. 11.21 Resolved by the City Council of Howard Pixler, Lot 1-5-598, the City of Dubuque, Iowa: That City Lot .............................. 43.06 to pay for City of Dubuque 1962 Ifoward Pixler, Lot 2-5.598, Hot Mix -Hot Laid Asphaltic Con- City Lot .............................. 10.92 erete Resurfacing Project No. 2. Howard Pixler, Lot 6-598, Dodge Street, by Tri-State Paving Cit Lot y ""s 53.66 Co. contractor, in front of and adjoining the same, a special tax Rose &Charles Norris, Lot No ris, Lot be and is hereby levied on the 7 City Lot .................. 53.24 several lots, and parts of lots, and Arthur & Thelma Potter, parcels of real estate all as named, Lot 1-8-598, City Lot ........ 70.42 situated and owed, and for the Joseph McDonald, Lot 2 -8 - several amounts set opposite each 598, City Lot .................... 68.78 lot or parcel of real estate, as set St. Clara College, Lot 9 - forth in the following schedule. 598, City Lot .................... 6.03 City of Dubuque 1962 Edna 0. Voelker, Lot 1 - Hot Mix -Hot Laid Asphaltic 599A, City Lot ................ 2.43 Concrete Resurfacing St. Clara College, Lot 2 - Project No. 2 694, City Lot .................... 10.85 St. Clara College, Lot 2 -1 - Construction Cost ............$44,436.78 694, City Lot .................... 2.74 Less City Share ................ 3,180.90 Stella B. Weber, Lot 1.1- 694, City Lot ................... 135.06 $41,255.88 Jos. & Mary Schuster, Lot Less State Share ............ 22,218.39 3-694, City Lot ................ 84.84 Stella B. Weber, Lot E. Assessable Amount ........$19,037.49 226'5"-1-697, City Lot .... 497.90 8% Extra Expense ........ 1,523.00 Molo Oil Co., Lot W. 19'1- 5% Interest - 52 Days .... 137.49 697, City Lot .................... 41.79 – St. Clara College, Lot 2-697, $20,697.98 City Lot ............................ 6.72 Dodge Street from a point 64 feet Molo Oil Co., Lot 1-726, east of the east property line of except W. 150, City Lot .. 210.00 Grandview Avenue to the east prop- Linehan & Molo, Inc., Lot erty line of Bluff St, with Hot Mix- W. 150'-1-726, City Lot .. 329.85 Hot Laid Asphaltic Concrete Pay. St. Clara College, Lot 2-726, ing. City Lot .................... 6.72 Sarah Hyland Banfield, Lot St. Clara College, Lot 2-1- 598A, City Lot ..................$ 63.98 725, City Lot .................... 5.77 Howard 0. Pixler, Lot N. Mich. J. & Marcella Duggan, %-1-1-598, City Lot .......... 1.65 Lot E. 10'5"-2-1-1-725, Howard 0. Pixler, Lot S. City Lot ............................ 22.91 %-1-1-598, City Lot .......... 1.96 Mich. J. & Marcella Duggan, Howard O. Pixler, Lot 2-1- Lot W. 25'1"-2-1-1-725, 598, City Lot .................... 4.65 City Lot ............................ 54.98 Howard 0. Pixler, Lot 3.1- Marie D. Tranel, Lot 1.1-E. 598, City Lot .................... 5.10 130'-1-1-1-725, City Lot .... 56.50 Sarah Hyland Banfield, Lot Andrew H. & Evelyn Jos - 1 -Sub. -2 & 2-3-598, City Loot ephine Fuerst, Lot 2.1-E. ........................................ 7.89 130'-1.1-1-725, City Lot .... 62.63 Regular Session. Drrember 3, 1962 465 Andrew H. & Evelyn Jos- Blanche Glover, Lot 15, ephine Fuerst, Lot E.10% I Newman Cooper & Smyth 2-F.. 130'-1-I.1 725. City Sub ............. _............__ 11.70 Lot ........ . . ...... 16.40 City Park, Lot S. 2/5.895, Fera S McAllister, Lot W. Newman Cooper & Smyth 40'-2-E. 130'-1-1.1.725, City Sub....................................... 175.11 Lot .„ - - - 6840 Victor & Patricia Betts, Lot Viola M. Savery, Lot W. E. 28'4"-1, Smyth's Sub... 48.80 30'-1.1.1725, City Lot ... 54 t;(; Victor & Patricia Betts, Lot Viola M. Savery. Loot E. Lot W. 3'2"•1, Smyth's 70' 1-1-731, City Lot . 1 120.58 Sub ..................................... 546 Mar-.;.fret M. Sable, Lot S. Victor & Patricia Betts, Lot 60' W. 30'-1-1-731, City Lot 41 08 Loot E. 15'8"-2, Smyth's Viola M. Savery. Lot N. Sub....................................... 26.98 40'-W. 30'-1-1-731, City Lot 10 59 Mrs. Gertrude Owsley, Lot !Mercy Hospital, Lot 2-1.731, W. 15'8"-2, Smyth's Sub.. 26.98 City Lot . ............ .. 329.54 Mrs. Gertrude Owsley, Lot Blanche Glover, Loot 1, New- Lot 3, Smyth's Sub......... 54.26 man Cooper & Sm\ th Joseph & Joan Blaser, Lot .. . .. Sub........................... . 57.12 S. 50'-1.4, Smyth's Sub... .09 Loretta Hynes, Loot 2. New- Victor & Patricia Betts, Lot man Cooper & Smyth Balance-14, Smyth's Sub. 37.76 Sub.................................... 51.68 Leonard J. Owsley, Lot E. Loretta Hynes, Lot 3, New- TE. 50'-I-B, Coopers Sub. 5.94 man Cooper & Smyth Leonard J. Owsley, Lot W. Sub...................................... 5168 47'-E. 50'-I-B, Coopers Arthur & Lillian Trausrh, Sub....................................... 93.10 Lot 4, Newman Cooper Carrie E. Moore, Lot W. & Smyth Sub............... .... 51.68 53'-1-B, Coopers Sub. .... 104.99 Paul & Eleanor Tierney, Joseph M. & Joan K. Blaser, Lot 5, Newman Cooper Lot 2-B, Coopers Sub..... 8.96 & Smyth ub. .. .. 5169 Charles J. Murphy. Loot 1-C, Francis P. & Eth 4 Camp Coopers Sub. .................... 51.68 bell. Lnt 6, Newman Coop Charles J. Murphy, Lot 2-C, car & Smyth Sub. , . ,. . , 51.68 Coopers Sub. .................... 167.52 Thomas J. & Minnie Man- James W. & Lucille M. Cor. ning. I.ot 7, Newman bett, Lot 1-N. 150'-D, Coopers Sub77.89 Cooper & Smyth Sul). 5169 . .................... Ntettel Realty & Inv. CO., Thoma% J. & Minnie Man- loot 1.2-N. 150'-D. Coop ning. Lot 8, Newman Sub. . 77.69 Cooper & Smyth Sub 5169 ers .......................... Catherine Schroeder, Est., Thomas .1, & Minnie Man- Lot 2.2-N. 150'-D, Coop ring, Lot 9, Newman Sub. 7'6 Cooper & Smyth Sub. 51.68 ers ........................... Dubuque County, Lot 3-D, William Glass, loot 10. New- Coopers Sub. .................... 10.25 man Cowper & Smyth Sub. 51.69 Folia A. Powers. Lot 15, .... I ... ... I..... Sub. City Lot 730 & Lot George & Enid Flanagan, 1 Union Add..................... SB.O5 Lot 11. Neaman Cowper 51 68 Flit A. Powers, Lot E. IL A. o & Smyth Sub.... ... . "P Sub. City Lot George & E:nid FlanvKan, 730 &Lot 1 Union Add... 57.45 Lot E. r�-12, Newman Cooper & Smyth Sub. . 25.84 Francis B e s 1 e r & Glads Fr W. 3' Clarence J- & Angola Gilli- Bemis, Lot Lot Sub. City 730.. Lot gan, Lot W. 1n 12, New- AddLot- 8.03 1 Union Add...............ads man Cooper & Smyth Francis B e s l e r& Glads Sub. 25.84 Bemis, Lot 13, Sub. City Clarence J & Angela Gilli- Lot 730 & Lot 1 Union 58.05 Kan, I.ot 13, N e w m a n Add......... Cooper & Smyth Sub. . 51.68 . Paul & ShirleyA. Regan. Anna M Moyle, Loot 14. 12, Sub. City Int 730 Newman Cooper & Smyth Lot 58.05 &lout 1 Union Add. Sul), S1•88 466 Regular Session, December 3, 1962 Patrick & Theresa Powers, Ida McCann, Lot 13, Union Lot 11, Sub. City Lot 730 Add . ........................... I........ 51.71 & Lot 1 Union Add..... . 58.57 Ida McCann, Lot E. 40'-14, Elaine L. & Hubert ,1. Union Add ......................... 81.79 Ramaker, Lot 10, Sub. Norbert & Callista House - City Lot 730 & Lot 1 log, Lot W. 20'-14, Union Union Add ......................... 58.57 Add.................................... 40.89 E I 1 e n Hennessey, Lot 9, Norbert & Callista House - Sub. City Lot 730 & Lot Lot 15, Union Add. ........ 151.46 1 Union Add ..................... 58.57 Marion J. Ryder, Lot 5, Walter J. & Daisy J. Wal- Sub. Lots 14 & 15 - Bush's ler, Lot 8, Sub. City Lot Sub . .................................... 62.44 730 & Lot 1 Union Add. 60.29 Dubuque County, Lot 4, Sub. *Cyril A. & Marcella Calla- Lots 14 & 15 - Bush's han, Lot 1-5.17, Sub. City Sub ....................................... 49.23 Lot 730 & Lot 1 Union Elvin Schwartz Assoc. Inc., Add ..................................... 28.10 Lot 3, Sub. Lots 14 & Dubuque County, Lot 2.5-17, 15 - Bush's Sub ................. 36.09 Sub. City Lot 730 & Lot Elvin Schwartz Assoc. Inc., 1 Union Add ..................... 9.44 Lot 2, Sub. Lots 14 & Dubuque County, Lot 4-17, 15- Bush's Sub ................. Elvin Schwartz Assoc. Inc., 49.23 Sub. City Lot 730 & Lot Lot 1, Sub. Lots 14 & 1 Union Add ..................... 8.92 15 - Bush's Sub................. 74.93 Dubuque County, Lot 3-17, Mercy Hospital, Lot 9, Sub. City Lot 730 & Lot Agnes Langworthy Sub... 9.54 1 Union Add ..................... 8.46 Mercy Hospital, L o t 10, Elmer W. & Esther Rom- Agnes Langworthy Sub... 1.96 well, Lot 1, Rommel Place 359.46 Charles Murphy, Lot 1.2, Mettel Realty & Inv. Co., Mineral Lot 66 ................ 172.25 Lot 2-1, Sub. City Lot City of Dubuque, Lot S. 730 & Lot 1 Union Add. 20.22 100'-2-2, Mineral Lot 66 1,429.71 James W. & Leona E. Grant Mercy Hospital, Lot N. 2861- '/4: George J. Mohr Y4, 2-2, Mineral Lot 66 ........ 445.45 Allen J. & Marie Klein Kelly Kar Klub, Lot 2, %: Lot 1.2, Union Add... 22.94 Kelly's Block .................... 187.84 Mettel Realty & Inv. Co., Francis E. Kelly, Lot 2.1, Lot 2-2, Union Add......... 91.26 Kelly's Block .................... 275.56 James W. & Leona E. Grant Francis E. Kelly, Lot 1.1, 1/4: Allen J. & Marie Klein Kelly's Block .................... 298.29 %: George J. Mohr 1/4, Francis E. Kelly, Lot 1, Lot E. 45'-3, Union Add. 83.32 Kelley's Byrne Place ........ 261.28 Cath. P. & John J. Clardy, Wm. J. Byrne % - Francis Lot W. 15'-3, Union Add. 27.78 E. Kelly %, Kelly's Byrne Cath. P. & John J. Clardy, Place ................................. 21.19 Lot E. %-4, Union Add. 53.55 Francis E. Kelly - Wm. Voelker Realty Co., Lot E. Byrne, Lot 2-1-2-1-1-1-2-1-2- %4, Union Add ............... 53.54 1-1, Mineral Lot 67 1.31 Emma Detablan & Adeline .......... Kelly Kar Klub & Wm. Studier, Lot 5, Union Add. 102.04 Byrne, Lot 2 -2.2 -1.1 -1 -2 -1 -2 - Kate Kern, Lot 6, Union 1-1, Mineral Lot 67 .......... 3.12 Add . .................................... 96.94 Francis E. Kelly & Wm. Cardinal Service Station, Byrne, Lot 2.1.1.2.1 -1 -2 -1 -2 - Inc., Lot 7, Union Add... 91.26 1-1, Mineral Lot 67 2.64 Cardinal Service Station, ........ Francis E. Kelly & Win. Inc., Lot 8, Union Add..... 161.64 Byrne, Lot 1.2.1.2 -1 -1 -2 -1 -2 - Cardinal Service Station, 1-1, Mineral Lot 67 57.84 Inc., Lot 4-9, Union Add. 27.47 ........ Merlin & Luella Apel, Lot Socony Mobil Oil Co., Inc., 1-1.2.2-1-2-1.1, Mineral Lot Lot 3.9, Union Add......... 53.81 67 .......................................... 744.31 Socony Mobil Oil Co., Inc., Eleanor Palm, Lot 2 -2 -2 -1.2 - Lot 2-9, Union Add......... 88.64 1-1, Mineral Lot 67 86.13 Socony Mobil Oil Co., Inc., ........ William & Edna Thill, Lot Lot 1-9, Union Add......... 12.78 2-1, Mineral Lot 67 ........ 92.59 Regular Session, December 3, 1%, 2 467 Francis E. Kelly & Wil- Oscar L. & Dolores Padden, liam •1. Byrne. Lot 2 1 Lot 15-1, Mineral Lot 68 .. 19.77 Mineral Lot 67 .............. 92.59 Ralph R. Torgerson, Lot 2, Francis F Kelly & Wil- Mineral Lot 68 ............... 78.24 liam J. Byrne. Lot 2.2-1-1, Ralph R. Torgerson, Lot 1, Mineral Lot 67 . , ....... 1152 Reeder Langworthy's Sub. 191.74 Dubuque Plumbing & Heat- Ralph R. Torgerson, Lot 2. ing Co., Lot 1-1.1.1-3, !tin- Reeder Langworthy's Sub. 99.20 eral Lot 63 .. 1 ........... 70.57 Ralph R Torgerson, Lot 3, Charles F. Murphy. Lot 2-1- Reeder Langworthy's Sub. 45.72 1.3. Mineral Lot 63 215.`x2 Ralph R. Torgerson, Lot 4, Raymond F. Trapp, Lot 1-1, Reeder Langworthy's Sub. 102.11 Byrne Sub. . __ . ,. . 5&81 Joseph J. & Mildred Ros- Joseph L. & Juna R. Mc, camp, Lot 5, Reeder Lang - Donald, Lest 2•1. Byrne worthy's Sub ........ ............ 48.16 Sub ................... ............ 108.52 E. W. Phoebe Frerk, Lot Claire J. & Mary E. Collins, 6, Reeder Langworthy's Lot 1.1-2, Byrne Sub .. 100.05 Sub, .................................... 83.46 Mettel Realty & Inv. Co., Peter Jecklin, Lot 1.7, Reed - Lot 2-2, Byrne Sub. .... . 103.99 er Langworthy's Sub. ...• 85.63 Urban F. Klass, Loot 2.1.2, Melvin J. & Mae Belle Byrne Sub. _ ..... 80.55 Matous, Lot 1.8, Reeder Joseph H. & Man, T- Schiltz, Langworthy's Sub ............. 87.04 Lot 1, Byrne's Sub. No. F. W. & Phoebe Frerk, Lot 2 .......................................... 78.89 S. 148'8"•9. Reeder Lang - Roger E. & Gale Luchter- worthy's Sub ..................... 88.90 hand, Lot 2, Byrne's Sub. Richard 0, & Geraldine V. No. 2 ..• _•.. ............•..... 88.62 Warson, Lot 11, Reeder Frank & Francis Skahiil, Langworthy's Sub ............. 10.56 Lot 3, Byrne's Sub. No. Robert I'. & Maryan E. Mil- t ............... 88.62 ler, Lot 1A, Murphy's Sub. 132.39 Willard ,1 Irene Jones, Harold E. & Marian E. Lot 4, Byrne's Sub. No. Rucks, Lot 1, Murphy's 2 8862 Sub .. ................................... 131.15 J. H. Schiltz, Lot 5, Byrne's Wm. J. & Cath. E. Zumhof, Sub. No. 2 ..... .................. 57.76 Lot 2, Murphy's Sub. .... 17.26 Kermit Meyer & Thomas Peter J. & Anna A. Treanor, Lilly, Lot 15, Ronson & Lot N. 14.3, Murphy's Stewarts Sub . ....... ........ 105011 Sub ................................ I...... 3.95 Wm. J. & Cath. E. Zumhof, Kermit. Meyer & Thomas & Lot S. ua-3, Murphy's Lilly, Lot 14, Ronson 4.70 Stewarts Sub. ..... ............ 105.08 Sub. .................................... Peter D. & Anna A. Treanor, Kermit Meyer & Thomas & Lot 4, Murphy's Sub....... 8.84 Lilly, Lot 13, Ronson Stewarts Sub. ..... ............. 105 ()4 Eldon R. & Wilma Digman, 7.06 Kermit Meyer & Thomas Wilma Place .................... Frederick R. & Alta M. Lilly, Lot 12, Ronson & 127..`3 Appel, Lot 1.9, Nevada Stewarts Sub. ..... .... ... Park Resub. ...................... 3.53 Phillips Petroleum Co , Lo: 72.J4 Frederick R. & Alta M. 16, Wootens Add, Appel, Lot 1-10, Nevada Phillips Petroleum Cu Lot 70.50 Park Resub. ..... .. . 3.29 17, Wootens Add ......,... JoAnn K. Mills. Lot 210, Phillips Petroleum ('o., IA)t 4499 ........ Nevada Park Resub.4.20 1.18, Wootens Add. .._ JoAnn K. Mills, Lot 1 11, Nellis M t)berfell, Lot 2.18, ....... 8 Nevada Park Resub..77 Wootens Add. .. 24.05 Mildred C. Haltenhoff. Lot Nellis M Obertell, Lot 19, 2.11, Nevada Park Resub. 3•t18 Wootens Add. 67.18 1lildred C Haitenhoff, Lot Ralph R. Torgerson, Lot 12, Nevada Park Resub... 2403 4A, Mineral Lot 149 .... 144.38 Iowa Oil Co., Lot 13, Nevada Agnes M. Sie gwurth, Lot Park Resub....................... 81.55 13.1, Mineral Lot 68 4 56 Iowa Oil Co., Lot 14, Neva a Donald 1. & Donna Brauhn, 10.51 Park Resub.............. ........... 83 q.9Lot 14.1, Mineral I.ot 68 486 Regular Session, December 3, 1962 Patrick & Theresa Powers, Ida McCann, Lot 13, Union I.ot 11, Sub. City Lot 730 Add . .................................... 51.71 & Lot 1 Union Add......... 58.57 Ida McCann, Lot E. 40'-14, Elaine L. & Hubert J. Union Add ......................... 81.79 Ramaker, Lot 10, Sub. Norbert & Callista House - City Lot 730 & Lot 1 log, Lot W. 20'-14, Union Union Add ......................... 58.57 Add. .................................... 40.89 E 11 e n Hennessey, Lot 9, Norbert & Callista House - Sub. City Lot 730 & Lot Lot 15, Union Add. ........ 151.46 1 Union Add ..................... 58.57 Marion J. Ryder, Lot 5, Walter J. & Daisy J. Wal- Sub. Lots 14 & 15 - Bush's ler, Lot 8, Sub. City Lot Sub . .................................... 62.44 730 & Lot I Union Add. 60.29 Dubuque County, Lot 4, Sub. 'Cyril A. & Marcella Calla- Lots 14 & 15 - Bush's han, Lot 1.5-17, Sub. City Sub ....................................... 49.23 Lot 730 & Lot 1 Union Elvin Schwartz Assoc. Inc., Add 28.10 3, Sub. Lots 14 & .Lot .................................... Dubuque County, Lot 2-5-17, 15 - Bush's Sub ................. Elvin Schwartz Assoc. Inc., 36.09 Sub. City Lot 730 & Lot Lot 2, Sub. Lots 14 & 1 Union Add ..................... 9,44 15 - Bush's Sub ................. 49.23 Dubuque County, Lot 4-17, Elvin Schwartz Assoc. Inc., Sub. City Lot 730 & Lot Lot 1, Sub. Lots 14 & 1 Union Add ..................... 8.92 15 - Bush's Sub................. 74.93 Dubuque County, Lot 3-17, Mercy Hospital, Lot 9, Sub. City Lot 730 & Lot Agnes Langworthy Sub... 9.54 1 Union Add ..................... 8.46 Mercy Hospital, L o t 10, Elmer W. & Esther Rom- Agnes Langworthy Sub... 1.96 mell, Lot 1, Rommel Place 359.46 Charles Murphy, Lot 1-2, Mettel Realty & Inv. Co., Mineral Lot 66 ................ 172.25 Lot 2-1, Sub. City Lot City of Dubuque, Lot S. 730 & Lot 1 Union Add. 20.22 100'-2-2, Mineral Lot 66 1,429.71 James W. & Leona E. Grant Mercy Hospital, Lot N. 2861- '14: George J. Mohr N. 2-2, Mineral Lot 66 ........ 445.45 Allen J. & Marie Klein Kelly Kar Klub, Lot 2, %: Lot 1.2, Union Add... 22.94 Kelly's Block .................... 187.84 Mettel Realty & Inv. Co., Francis E. Kelly, Lot 2-1, Lot 2-2, Union Add......... 91.26 Kelly's Block .................... 275.56 James W. & Leona E. Grant Francis E. Kelly, Lot 1-1, 1/4: Allen J. & Marie Klein Kelly's Block .................... 298.29 %: George J. Mohr 1/4, Francis E. Kelly, Lot 1, Lot E. 45'-3, Union Add. 83.32 Kelley's Byrne Place ........ 261.28 Cath. P. & John J. Clardy, Wm. J. Byrne ire - Francis Lot W. 15'-3, Union Add. 27.78 E. Kelly 1/2, Kelly's Byrne Cath. P. & John J. Clardy, Place .................................. 21.19 Lot E. %-4, Union Add. 53.55 Francis E. Kelly - Wm. Voelker Realty Co., Lot E. Byrne, Lot 2-1-2.1-1.1-2.1-2- %-4, Union Add ............... 53.54 1-1, Mineral Lot 67 .......... 1.31 Emma Detablan & Adeline Kelly Kar Klub & Wm. Studier, Lot 5, Union Add. 102.04 Byrne, Lot 2.2 -2.1 -1 -1 -2.1 -2 - Kate Kern, Lot 6, Union 1.1, Mineral Lot 67 .......... 3.12 Add . .................................... 96.94 Francis E. Kelly & Wm. Cardinal Service Station, Byrne, Lot 2 -1 -1 -2 -1 -1 -2 -1 -2 - Inc., Lot 7, Union Add... 91.26 1.1, Mineral Lot 67 ........ 2.64 Cardinal Service Station, Francis E. Kelly & Wm. Inc., Lot 8, Union Add..... 161.64 Byrne, Lot 1.2 -1 -2 -1 -1 -2 -1 -2 - Cardinal Service Station, 1-1, Mineral Lot 67 ........ 57.84 Inc., Lot 4-9, Union Add. 27.47 Merlin & Luella Apel, Lot Socony Mobil Oil Co., Inc., 1-1-2.2.1.2-1.1, Mineral Lot Lot 3.9, Union Add......... 53.81 67 .......................................... 744.31 Socony Mobil Oil Co., Inc., Eleanor Palm, Lot 2.2 -2 -1 -2 - Lot 2.9, Union Add......... 88.64 1-1, Mineral Lot 67 ........ 86.13 Socony Mobil Oil Co., Inc., William & Edna Thill, Lot Lot 1.9, Union Add......... 12.78 2-1, Mineral Lot 67 ........ 92.59 w Regular Session, December 3, 1962 487 Francis F. Kelly & Wil- Oscar L. & Dolores Padden, liam J. Byrne, Lot 2 Lot 15-1, Mineral Lot 68 .. 19.77 Mineral Lot 67 ................ 92.59 1 Ralph R. Torgerson, Lot 2, Francis F.. Kelly & Wil. Mineral Lot 68 ............... 78.24 liam J. Byrne, Lot 2-2-1.1, Ralph R.Torgerson. Lot 1, Mineral Lot 67 ................ 1952 Reeder I.angworthy's Sub. 191.74 Dubuque Plumbing & Heat- Ralph R. Torgerson, Lot 2. ing Co., Lot 1.1.1.1.3, Min- Reeder Langworthy's Sub. 99.20 eral Lot 63 ....................... 70.57 Ralph R. Torgerson, Lot 3, Charles F. Murphy, Lot 2-1- Reeder Langworthy's Sub. 45.72 1.3, Mineral Lot. 63 ........ 215.32 Ralph R. Torgerson, I.ot 4, Raymond F. Trapp, Lot 1-1, Reeder Langworthy's Sub. 102.11 Byrne Sub . ........................ 55.81 Joseph J. & Mildred Ros- Joseph L. & Juna R. Mc- camp, Lot 5, Reeder Lang - Donald, Lot 2-1. Byrne worthy's Sub ..................... 48.16 Sub. _ .. 108.52 E. W. Phoebe Frerk, Lot Claire J. & Mary E. Collins, 6, Reeder Langworthy's Lot 1.1.2, Byrne Sub. ...... 100.05 Sub . .................................... 83.46 Mettel Realty & Inv. Co., Peter Jecklin, Lot 1-7, Reed - Lot 2-2, Byrne Sub. ...... 103.99 erLangworthy's Sub. ... 85.63 Urban F. Klass, Lot 2-1-2, Melvin J. & Mae Belle Byrne Sub . ......... ............ 80.55 Matous, Lot 1.8. Reeder Joseph H. & Mary T. Schiltz, Langworthy's Sub ............. 87.04 Lot 1, Byrne's Sub. No. F. W. & Phoebe Frerk, Lot 2 ..................................... 78.89 S. 148'8"•9, Reeder Lang - Roger E. & Gale Luchter- worthy's Sub ..................... 88.90 hand, Lot 2, Byrne's Sub. Richard O. & Geraldine V. No. 2 .................................. 88.62 Warson, Lot 11, Reeder Frank & Francis Skahill, Langworthy's Sub ............. 10.56 Lot 3, Byrne's Sub. No. Robert P. & Maryan E. Mil- t 88.62 ler, Lot 1A, Murphy's Sub. 132.39 .......................................... Willard J. - Irene Jones, Harold E. & Marian E. Lot 4, Byrne's Sub. No. Rucks, Lot 1, Murphy's 88 62 Sub ....................................... 131.15 J. H. Schiltz, Lot 5, Byrne':, Wm. J. & Cath. E. Zumhof. Sub. No. 2 .. ..................... 57.76 Lot 2, Murphy's Sub. .... 17.26 Kermit Meyer & Thomas Peter J. & Anna A. Treanor, Lilly, Lot 15, Ronson & Lot N. ;t-3, Murphy's 3.95 Stewarts Sub. ....... 10504 Sub ....................................... Thomas Wm. J. & Cath. E. Zumhof, Kermit Meyer & Lilly, Lot 14, Bonson & Lot S. %-3, Murphy's 4.70 Stewarts Sub.............. ....... 105.08 Sub. .................................... Peter D. & Anna A. Treanor, Kermit Meyer & Thomas & I.ot 4, Murphy's Sub....... 6.84 Lilly, Lot 13, Bonson Stewarts Sub 105o,9 Eldon R. & Wilma Digman, ..................... Kermit Meyer & Thomas Wilma Place .................... 7.06 Frederick R. & Alla M. Lilly, Lot 12, Bonson & n 1 Lot 19, Nevada 127.29 APp' • Stewarts Sub .................... Park Resub. ...........•• •• •• 3.53 Phillips Petroleum Co., Lot 72.J4 Frederick R. & Alta M. 16, Wooten Add. ........... Appel, Lot 1-10, Nevada Phillips Petroleum Co., Lot 70.50 Park Resub. ............••.••••.. 3.29 17, Wootens Add ............. Phillips Petroleum Co., Lot JoAnn K. Mills, Lot 2.10, Park Resub......... 4.20 Nevada 1.18, Woolens Add. •••• .• 44.99JoAnn K. Mills, Lot 1.11, Nellis M Oberfell, Lot 2-18, x'05 8 7 Woolens Add. Mild ed Cevada P Haltenhoff. Lot Nellis M. oberfell, Lot 19, x'18 2.11, Nevada Park Resub. 3.88 Wooteas Add .................• 1lildred C. Haltenhoff, Lot Ralph R. Torgerson, Lot 12, Nevada Park Resub..... 2403 4A, Mineral Lot 149 .... 144.38 Iowa Oil Co., Lot 13, Nevada Agnes M. Siegworth, Lot 4.56 Park Resub. ........... 81.55 13.1, Mineral Iowa Oil Co.,ot 14, Nevada na Br Donald L. &Donna Brauhn, Park Resub......................... 83.99 Lot 141, Mineral Lot tib •• 10.51 468 Regular Session, December 3, 1962 Leo E. & Elaine T. Tippe, ' Wm. O. & Mary Foley, Lot Lot 15, Nevada Park S. 5014, Mineral Lot 149 12.06 Resub................................... 18.76 Frederick Jr. & Marion Leo E. & Elaine T. Tippe, Fuerste, Lot 1-5, Mineral Lot 2.16, Nevada Park Lot 149 ................................ 42.13 Resub................................. 2.53 Eileen I1. Kaiser, Lot 1.1-2-5, Leo E. & Elaine T. Tippe, Mineral Lot 149 ................ 83.85 Lot 1-16, Nevada Park Frederick Jr. & Marion Resub................................... 7.98 Fuerste, Lot 2.1-25, Min.. LucilleA. Breitbach, Lot era] Lot 149 .................... 42.56 2-17, Nevada Park Resub. 2.67 Eileen H. Kaiser, Lot 2-2-5, Lucille A. Breitbach, Lot Mineral Lot 149 ................ 26.82 1-17, Nevada Park Resub. 3.77 John C. & Eileen H. Kaiser, Lucille A. Breitbach, Lot Lot W.3/4-6, Mineral Lot 1-18, Nevada Park Resub. 2.62 149 ........................................ 155.96 Lucille A. Breitbach, Lot M. B. & Lillian Olansky, 2-18, Nevada Park Resub. 1.88 Lot 1, North Booth Street Robert F. & Dolores Holz, Place .................................... 4.69 Lot 1-19, Nevada Park M. B. Olansky, Lot 2, North Resub................................. 3.82 Booth Street Place ............ 17.57 Mabel Weinhapple, Lot 1-2, George E. & Hilda C. Theo. Mineral Lot 158 ................ 168.40 done, Lot N. 182.55' of S. Erdman Enterprizes, Inc., Part -2 -3 -Mineral Lot 158.. 182.69 Lot 1, Sub. Lots 1 & 2 George & Hilda Theodore, Min. Lot 62 & 1A, 2A & Lot 2-2-1-1-14, Mineral Lot 3A, Mineral I.ot 149 ........ 210.15 158 ...................................... 32.40 Anthony Rhomberg, Lot 3, Vincent Baker, Lot 1-2-1-1.4, Sub. Lots 1 & 2 Min. Loo Mineral Lot 158 .............. 112.91 62 & 1A, 2A & 3A, Min- Vincent Baker, Lot 2-2-1-1.4, eral Lot 149 ........................ 157.61 Mineral Lot 158 ................ 69.33 Wm. & Dorothy Blum, Lot 5, Paul T. & Joan F. Birkett, Sub. Lots 1 & 2 Min. Lot Lot 2.1-4, Mineral Lot 158 75.28 62 & 1A, 2A & 3A, Min- Paul T. & Joan F. Birkett, eral Lot 149 .................... 166.50 Lot 2-4, Mineral Lot 158.... 9.99 Paul M. Laube, M.D. & Eu- George & Hilda Theodore, gene W. Coffman M.D. Lot Lot 2-1-2-1-1-5, Mineral 1.1, Physicians Place ........ 192.20 Lot 158 ................................ 236.80 Physicians Place Corp., Lot Paul T. & Joan F. Birkett, 2-1, Physicians Place ........ 192.20 Lot 2.1-5, Mineral Lot 158 5.86 Physicians Realty Corp., Lot Paul T. & Joan F. Birkett, 2, Physicians Place ............ 87.68 Lot 2-5, Mineral Lot 158.... 59.43 Ralph P. & Marcella Kremer, Ethel B. Frudden, Lot E. 56' - Lot 1.1-1, Mineral Lot 149 97.01 1-2.1-6, Mineral Lot 158.... 124.68 Frances B. Fessler, Lot 2.1-1, Edward C. Frudden, Lot Mineral Lot 149 ................ 92,59 W.61-1-2.1-6, Mineral Lot Clarence M. & Virginia Sed- 158 ........................................ 13.37 brook, Lot 2-1, Mineral Lot Edward C. Frudden, Lot 149 ........................................ 18.84 1-1.6, Mineral Lot 158 138.30 Walter E. & Lillian Hagge, .... Edward C. Frudden, Lot 2-6, Lot W.50'-2, Mineral Lot Mineral I.ot 158 .............. 138.04 149 ...................................... 105.08 William R. & Kathryn M. Wm. G. & Marie D. Tranel, Haber, Lot 1.1, Phillips E.50'-2, Mineral Lot 149.... 105.08 Sub . ................ 410.59 Er-ima Bechen, Lot W.16.3, Charles Douglas Hincher, Mineral Lot 149 ................ 105.08 Lot 2-1, Phillips Sub......... 11.16 Alvin A. & Ruby Hilvers, Charles Douglas Hincher, Lot E.%-3, Mineral Lot Lot 5, Phillips Sub........... 13.04 149 ....................................... 105.08 Laverne F. & Dorothy H. Mark K. L. & Kathleen Haas, Benz, Lot 6, Phillips Sub. 87.92 Lot N. 60'-N. 150'4, Min. Amy M. Masters, Lot 7, Phil. eral Lot 149 .................... 136.94 lips Sub. ............................ 131.50 Michael R. Froelich, Lot S. Harriett J. & J. A. Arm - 90' -N. 150'-4, Mineral Lot strong, Lot 2-1-8, Mineral 149 ...................................... 133.50 Lot 158 (158) .................... 3.46 i Regular Session, Deconber 3, 1982 egg Harry C. & Gail B. Slichter, Lot 1-4-1, Mineral Lot 150 233.68 Adolph & Margaret Raska, I..ot 2.4.1, Mineral Lot 50.. 4.20 Cletus T. & Dorothy E. Cox, Lot 1, McClain Sub. 31.71 Adolph & Margaret Raska, Lot 1-2, McClains Sub..... 8208 Harry C. & Gail B. Schlich- ter, Lot 2.2, McClains Sub 12.20 Adolph & Margaret Raska, Lot 3, McClains Sub.. . 95.01 Mich. & Hazel Ilry nkow. Lot 41 McClain Sub ................ 95.01 Nicholas B. & Mildred A. Dicken, Lot 5, McClains Sub.................................... 95.01 Wln G & Marie D. Tranel. Lot 6, McClains Sub... . 95.01 Lavern A. & Gayle Reiter, Lot W*Y-7. McClains Sub 76.02 Lavern A. & Gavle Reiter. Lot E.10'-7, McClains Sub 19.00 Mettel Realty & env. Co., Lot 8, McClains Sub. _ .. 95.01 Alfred J. Jecklin, Lot W-49' .9, McClain-, Sub. ... .... 93.11 Ada & John Jos. McKernan, 1.ot E.1'-9, McClains Sub 189 Ada & ,Cohn Jos. McKernan, Lot 10, McClains Sub. 9501 Louis R & Amelia Dittmar, Lot 11, McClains Sub. .. 95.01 Walter F. & Henrietta Day - kin, Lot 12, McClains Sub. 95.01 LeRoy & Sadie M. Wolff, Lot 13, McClain-, Sub. . 95.01 Donald & Erma P. Burke, Lot 1.14, McClains Sub... 95.01 Albert L & Marie Datisman, I.ot 15. McClain-, Sub. .... 66.40 Sand 31.65 tons C 3,50 Concrete sawing. 226 lin.. ft. G, 0.50 ........................ 10" concrete remove & replace 108.37 sq. yd. 15.00 ................................ Fixtures raised or lo- wered 36 No. of (n 25.00 Rolled stone base, 360.30 tons (a 1.90 .................... Concrete removal, 427.34 sq. yds. G 1.00 ............ Traffic tripper remove, 1 No. of r 25.00 ........ Clean up, lump to 2,000.- 00 ,000:00 .................................... *Street car tie removal & replace 10" stone 2766 lin. ft. @ 2.30 .... 'Samples sawed 16 No. of (& 15.00 .................... *Extra work, lump ........ $20,682.85 'Deficiency to be paid by City of Dubuque: Cyril A. & Marcella Calla- han, Lot 1 5-17 Sub. City Lot 730 & Lot 1 Union Add. 15.13 $20,697.98 All of which is assessed in pro- portion to the special benefits conferred. Excavation tunclassified), 50 cu yds. ((1 $0 78 .....$ 39.01) A. C. IA'veling course, 737.93 tuns (4+ 6 38 ... 4,707 :!9 A. C. It e n d e r course, 2077.49 tons (a 5.38 .... 11,176 90 A. C. Surface course, 2764.66 tons (h 5.38 14,873 87 RC -0 tack coat, 4218 gale. (a 0.16 . 671 till 110.78 113.00 1,625.55 900.00 684.57 427.34 25.00 2,000.00 6,361.80 240.00 476.10 $44.436.78 State Share .................... 22,218.39 Assessable Amount .......$22,218.39 *City Share 3,180.90 $19,037.49 8% Extra Expense .... 1,52300 55c Interest - 52 Days .. 137.49 Total .......................... $20.697.98 Passed, adepted and approved this 3rd day of December 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas -Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays -None. Proofs of Publication, certified to by the Publishers, the Tele- graph Herald and Dubuque Lead. er, of official notice to consider a proposal to authorize the issu- ance of street improvement bonds in the amount of $290,69787 to pay for the cost of constructing (,ity of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Resurfac- j ing Project No. 2 --Dodge Street - presented and read. Councilman 470 Regular Session,Y December 3, 1962 bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series No. 1, Bond No. 4217 to 4221 inclusive, $500.00 each, April 1, 1964. Series No. 2, Bond No. 4222 to 4226 inclusive, $500.00 each, April 1, 1965. Series No. 3, Bond No. 4227 to 4230 inclusive, $500.00 each, April 1, 1966. Series No. 4, Bond No. 4231 to 4234 inclusive, $500.00 each, April 1, 1967. Series No. 5, Bond No. 4235 to 4238 inclusive, $500.00 each, April 1, 1968. Series No. 6, Bond No. 4239 to 4242 inclusive, $500,00 each, April 1, 1969. Series No. 7. Bond No. 4243 to 4246 inclusive, $500.00 each, April 1, 1970. Series No. 8, Bond No. 4247 to 4250 inclusive, $500.00 each, April 1, 1971. Series No. 9, Bond No. 4251 to 4254 inclusive, $500.00 each, April 1, 1972. Series No. 10, Bond No. 4255 to 4257 inclusive, $500.00 each, April 1, 1973. Series No. 10, Bond No. 4258, $197.98, April 1, 1973. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ....................................................... SeriesNo ............................................ CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of ......................... or at any time before that date, at the option of the City of Dubuque, the sum of Five Hun- dred dollars with interest thereon at the rate of 5 per cent per Schreiber moved that the proofs be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 253.62 Resolution providing for the is- suance of Street Improvement bonds for the purpose of provid- ing for the payment of the as. sessed cost of the City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Resurfacing Project No. 2. Whereas the contract hereto- fore entered into by the City of Dubuque, Iowa, for the improve- ment hereinafter described has been completed and the City Man- ager has certified the compietion thereof to the City Council and the City Council has ascertained the cost thereof and has deter- mined that $20,697.98 Dollars of the cost thereof shall be :issesspd against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1, That to provide for the pay- ment of the assessed cost of City of Dubuque 1962 Hot Mix -Hot Laid Asphaltic Concrete Resurfacing Project No. 2 on Dodge Street from a point 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff Street. there shall be issued Street Im. provement bonds in the amount Of $20,697.98 Dollars in anticipa. tion of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called Street Improvement bonds; and shall bear the date of January 3, 1963; and shall be numbered con- secutively; and they shall be num- Regular Session, December 3,_1962 _ 471 annum, payable semi-annually, on Dollars, in the office of the City the presentation and surrender of Treasurer in the City of Dubuque, the interest coupons hereto at- being ........ months, interest due tached. Both principal and interest that date on its ............ . Bond No. of this bond are payable at the ......, ..... dated office of the City Treasurer in the City of Dubuque, in the State ......................... ..................... of Iowa. Thiq bond is issued by Mayor the City of Dubuque under and ....................•--•••••••.•• ....................... . by virtue of Chapter 396 of the City Clerk 1954 Code of Iowa, as amended. 6. That the Mayor and City Clerk and the Resolution of said Cita be and they are hereby instructed duly passed on the 3rd day of to cause said bonds to be prepared December, 1962. being Resolution and when so prepared to execute No. 253-62. said bonds and that the City Clerk This Bond is one of a Serie be and he is hereby instructed to of bonds. for $5W.00 numberen register said bonds in a book kept for that purpose and to then de - from 4217 to 4257 both inclusive, liver them to the City Treasurer. and one for $197.911 numbered of like tenor and date, 7. That the City Treasurer is 42511 all and issued for the purpose of the hereby instructed to sell said bonds in the manner provided by City of Dubuque 1962 Hot Mix- Re- law, the proceeds of said sale to Hot Laid Asphaltic Concrete be placed in a special fund to be surfacing Project No. 2. described in said Resolution known as Special Assessment Fund as in said City, which cost is payable No. 1240 and paid out by him to pay the cost of said contract. by the abutting and adjacent prop- g. That the interest coupons at- erty along said improvements and tached to the bonds be signed is made by law a lien on all of with the facsimile signature of the said property. It is payable only Mayor and countersigned with the out of the Special Assessment Fund facsimile signature of the City No. 1240 created by the collection Clerk. of said special tax, and said fund 9. That as fast as funds allow, can be used for no other purpose_ beginning with the second year It is hereby certified and recited after the payment of interest due. that all the acts, conditions and these bonds shall be called and things required to be done, prece- retired in the same order as num- dent to and in issuing this series bored. of bonds, have been done, hap. 10. That as fast as funds allow, pened, and performed, in regular beginning with the second year and due form, as required by law after the payment of interest due, and said Resolution, and for the the City Treasurer is directed to collection and payment call these bonds in the same order assessment hereon of said special tax, the full as numbered. faith and diligence of said City of Dubuque are hereby irrevocably 11. Notice of election to call these bonds shall be given by reg - pledged. ular United States Mail addressed IN TESTIMONY WHEREOF the to the last known address of the City of Dubuque by its Council has bond to be signed by purchaser. roved 1 assed, adopted and app caused this its Mayor and countersigned by this 3rd day of December 1962. LOUIS SCHALLER its City Clerk and the Seal of said Mayor City to be thereto affixed, this 3rd JOHN P. SCHREIBER day of January. 11163 PETER J. TAKOS (SEAL) JAMES J. KEAN ROBERT J. HORGAN Mayor Councilmen City c lurk Attest: LEO F. FRC M LCityT (Form of Coupon) the Councilman Schreiber moved On the day of the adoption of the resolution. Sec. City of Dubuque, Iowa, promises Takos Car - onded by Councilman to pay to the hearer, as provided the followingi i rigid by in said bond, the stun Of . _ 472 Reixular Session, December 3, 1962 Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. December 3, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1962 Grading Project has been completed in ac- cordance with the City of Du- buque plans and specifications. I, therefore, recommend the ac- ceptance of the above named proj- ect. Very truly yours. Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 254-62 WHEREAS, the contract for the City of Dubuque 1962 Grading Project No. 1 North Grandview Avenue extension from the north property line of Kane Street to the south property line of West 32nd Street. has been completed and the City Engineer has submitted his final estimate showing the cost there- of including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $54,602.09. That none of the cost thereof shall be assessable upon private Property and $54,602.09 shall be paid from the 135 J-1 Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of December 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN JAMES J. KEAN Councilmen Attest: I.EO F. FROMMELT City Clerk Councilman Schreiber m o v e d the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays -None. (A Resolution Accepting Improvement) RESOLUTION NO. 25562 WHEREAS, the contract for the City of Dubuque 1962 Grading Project No. 1 North Grandview Avenue extension from the north property line of Kane Street to the south property line of West 32nd Street. 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 con- tract, 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 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 contractor from the funds to be realized from 135 J-1 Road Use amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. December 3, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that the a Regular Session, December 3, 1962 473 City of Dubuque 1962 Concrete Curb and Gutter Project No. 1 has been completed in accordance with the City of Dubuque plans and specifications. 1, therefore, recommend the ac- ceptance of the above named proj- ect. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Takos. Curried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION N0. 256.62 WHEREAS, the contract for the City of Dubuque 1962 Concrete Curb and Gutter Project No. 1. 1. Davenport Street from. west property line of National Street to existing rock curb 95 feet south of the south property line of Primrose Street. 2. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 3. Cottage Place from the east property line of Abbott Street to the east end of the street. 4. McClain Street from the south property line of Wooten to the north property line of Bonson Street. 5. North Grandview Avenue - west fork from the south property line of Kaufmann Avenue southerly 800 feet to the existing curb & gutter. 6. Shiras Avenue from the south property line of Lot 1 of I.ot 2 of Cota Sub. to the City Limits. 7. Alpha Avenue from the south property 1 i n e of Pennsylvania Avenue to the north property line of Illinois Avenue. 8. St. Joseph Street from the east property line of Collins Street to the west property line of Gon- dolfo Street. 9. Prysi Street from the south property line of University Ave- nue to the north property line of New Haven Street. 10. Cummins Street from the south property line of Loras Boule- vard to the north property line of Block 2 of Hamblin's Sub. 11. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 12. Carter Road from the north property line of Kane Street to the south property line of Lot I of Lot 1 of Lot 2 of Lot 1 of High. land Farm Sub. 13. Northview Drive from the north property line of Kane Street to the north property line of Lot 1 of Lot 9 of Block 5 of Scenic View Heights. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $60,166.36. That $35,656.63 of the cost there- of shall be assessable upon private property and $22,795.73 shall be paid from 135 J-1 Road Use Tax and $1,714.00 shall be paid from the 162 -J -2-J Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of December 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (A Resolution Accepting Imp ovcnuvit and Directing the Clork to Publish Notice.) WHEREAS, the contract for the City of Dubuque 1962 Concrete Curb and Gutter Project No. I. 1. Davenport Street from west property line of National Street to existing rock curb 95 feet south 474 Regular Session, December 3, 1962 of the sotuh property line of Prim- rose Street. 2. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 3. Cottage Place from the east property line of Abbott Street to the east end of the street. 4. McClain Street from the south property line of Wooten to the north property line of Bonson Street. 5. North Grandview Avenue - west fork from the south property line of Kaufmann Avenue south- erly 800 feet to the existing curb & gutter. 6. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Sub. to the City Limits. 7. Alpha Avenue from the south property line of Pennsylvania Ave- nue to the north property line of Illinois Avenue. 8. St. Joseph Street from the east property line of Collins Street to the west property line of Gon- dolfo Street. 9. Prysi Street from the south property line of University Ave- nue to the north property line of New Haven Street. 10. Cummins Street from the south property line of Loras Boule- vard to the north property line of Block 2 of Hamblin's Sub. 11. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 12. Carter Road from the north property line of Kane Street to the south property line of Lot 1 of Lot 1 of Lot 2 of Lot 1 of High- land Farm Sub. 13. Northview Drive from the north property line of Kane Street to the north property line of Lot 1 of Lot 9 of Block 5 of Scenic View Heights. 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 con- tract, 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 Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to asses- ment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays—None. December 3, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that the remainder of the City of Dubuque 1962 Bituminous Concrete Paving Project No. 1, namely Cummins and Samuel Streets, has been com- pleted in accordance with the City of Dubuque plans and specifica- tions. I, therefore, recommend the ac- ceptance of the above named proj- ect. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by 6 Regular Session, DecemheT 3, 1962 475 Councilman Schreiber. Carried by the following vote: Yeas ---Mayor Schaller, Council- men Horgan. Kean. Schreiber, Takos. I Nays ---None. FINAL ESTIMATE RESOLUTION NO. 258-62 WHEREAS, the contract for the remainder of the City of Dubuque 1962 Bituminous Concrete Paving Project No. 1 which includes: 1. Cummins Street from the south property line of Luras Blvd. to the north property line of Block 2 of Hamblin Sub. 2. Samuel Street from the south property line of St. George Sub to the north property line of Southern Avenue. has been completed and the City I Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparinz the assessment and plat, now there- fore, BE IT P,ESOLVFD, by the City Council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $5080.53. That $5015.53 of the cost thereof shall be assessable upon private property and $65.00 shall be paid from the 135 J-1 Road Use Tax Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of December 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved them adoption of the resolution. Sec- onded by ('ouncilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays --None. (A Resolution Accepting Improvement and Directing the Clerk to Publish Notice) RESOLUTION NO. 259.62 WHEREAS, the contract for th Remainder of the City of Dubuque 1962 Bituminous Concrete Paving Project No. 1 which includes; 1. Cummins Street from the south property line of Loras Blvd, to the north property line of Block 2 of Hamblin Sub. 2. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 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 con- tract, 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 Manager be approved, and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen 1�ti st: I.EO F. FROMMELT City Clerk councilman Schreiber moved the adoption of the resolution. See- 476 Regular Session, December 3, 1962 onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. December 3, 1962 To the Honorable Mayor and City Council Gentlemen: The Deborah Drive Storm Sewer has been completed in accordance with plans and specifications by the Merl Goerdt Excavating Com- pany. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 260.62 WHEREAS, the contract for the Deborah Drive Storm Sewer Con. struction of a thirty-six (16") and twenty-four (24") storm sewer in Avalon Road, Hillcrest Road and Deborah Drive beginning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of Lot A of Hillcrest Park, thence westerly to Avalon Road, thence north in Avalon Road to Hillcrest Road, thence west on Hill. crest Road to Lot 8 Block 1 of Hillcrest Heights thence northerly to Lot 6 Block 1 of Hillcrest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road has been completed and the City Engineer has sub. mitted his final estimate showing the cost thereof. BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $29,- 104.29. That none of the cost thereof shall be assessable upon private property and $29,104.29 shall be Paid from the Kaufmann Avenue— East 17th Street Storm Sewer Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. (A Reso►ution Accepting Improve. menti RESOLUTION NO. 261.62 WHEREAS, the contract for the Deborah Drive Storm Sewer Con- struction of a thirty-six (36") and twenty-four inch (24") storm sewer in Avalon Road, Hillcrest Road and n-borah Drive beginning at the ex- iting manhole in Lot 2 of Lot 2 of T of 2 of Lot A of Hillcrest Park, thence westerly to Avalon Road, thence north in Avalon Road to Ilillcrest Road, thence west on Hill- crest Road to Lot 8 Block 1 of Hillcrest Heights thence northerly to Lot 6 Block 1 of Hillcrest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road has been completed and the City Manager has examin- ed the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation 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 contractor from the Kaufmann Av- enue -East 17th Street Storm Sewer Fund in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved Regular Session, December 3, 1962 477 this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kean moved the ad- option of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller. Council- men Horgan, Kean, Schreiber, Takos. Nays—bone. RESOLUTION NO. 26462 A Resolution Approving the City of Dubuque, Iowa 1963 Tentative Street Budget and Construction Report WHEREAS. A distribution of expenditures and receipts of the City of Du- buque tentative street budget and construction report for the year be- ginning January 1, 1963 and end- ing December 31, 1963 has been duly prepared in accordance with Chapter 168, 59th General Assem- bly, State of Iowa, and submitted to this Council for approval, and WHEREAS, This Council has examined the tentative Street Budget and Con- struction Report for the year 1963 wherein a distribution of expendi- tures and receipts for the fiscal year are shown: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the distribution of ex- penditures and receipts for the Tentative Street Budget and Con- struction Report for the fiscal year 1963 be and the same is hereby adopted and approved. Passed, approved and adopted this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Ycas—Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays—None. Councilman Takos moved that an abbreviated report of the tenta. tive 1963 Budget and Construction Report be sent to the League of Iowa Municipalities. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays—None. RESOLUTION NO. 263.62 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 cigar- ettes with in the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Phillip T. Langas, 701 Central Av- enue Melvin Deutmeyer, 351 Dodge Street RuFsell E. Myers, (Effective 1/1/63) 1x,16 Central Avenue Lincoln G. Sebaffert (Effective 1/ 1/63) 1900 Washington Street Otto L. and Minnie M. Radloff (Ef- fective 1/1/63) BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk May Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays None. RESOLUTION NO. 26462 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the 478 Regular Session, December 3, 1962 same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Mrs. Bernice E. Kress, 2403 Cen. tral Avenue Edward A. Haberkorn, 2616 Wind- sor Avenue Leo Heiden, 238-240 West 6th Street Russell E. Myers, 1618 Central Avenue Peter Schwartz, 574 East 16th Street Lincoln G. Schaffert, 1900 Wash- ington Street Mrs. Marcella Roeder, 25 West 7th Street Roger J. Bertsch, 326 Main Street CLASS "B" PERMIT FOR PRIVATE CLUB Benevolent & Protective Order of Elks No. 297, 7th & Locust Streets CLASS "C" BEER PERMIT Mrs. Helen O'Mara, 1397 Washing. ton Street The Great Atlantic & Pacific Tea Company, Inc., 1101 Central Ave- nue Cruso A. Alba, 2601 Jackson Street Otto L. and Minnie M. Radloff, 1395 Brown Avenue Passed, adopted and approved this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber m o v e d the adoption of resolution. See. onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. RESOLUTION NO. 265.62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS "B" BEER PERMIT Name Address Mrs. Bernice E. Kress, 2403 Cen- tral Avenue Edward A. Haberkorn, 2616 Wind. sor Avenue Leo Heiden, 238.240 West 6th Street Russell E. Myers, 1618 Central Ave. nue Peter Schwartz, 574 East 16th Street Lincoln G. Schaffert, 1900 Wash. ington Street Mrs. Marcella Roeder, 25 West 7th Street Roger J. Bertsch, 326 Main Street CLASS "B" BEER PERMIT FOR PRIVATE CLUB Benevolent & Protective Order of Elks #297, 7th & Locust Streets CLASS "C" BEER PERMIT Mrs. Helen O'Mara. 1397 Wash- ington Street The Great Atlantic & Pacific Tea Company, Inc., 1101 Central Ave- nue Cruso A. Alba, 2601 Jackson Street Otto L. and Minnie M. Radloff, 1395 Brown Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 3rd day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber m o v e ti the adoption of the resolution. 0 Regular Session, December 3, 1.982 4_79 Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays—None. LEO F. FROMMELT City Clerk Approved ... I �2rCh..... �1 ....1963. Adopted1"Cil.�......1 63. ...... ... ..... . Council Act ,�.............'b. City Cl Special Session, December 19, 1962 CITY COUNCIL. OFFICIAL Special Session, December 19, 1962. Council met at 7:30 P. M. C. S. T. Present—Mayor Schaller, Coun- cilmen Horgan, Schreiber, Takos. City Manager Gilbert D. Chaven- elle. Absent—Councilman Kean. Mayor Schaller read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on the Amendment of the Current BUd- get and acting on any other bus- iness as may properly come before a regular meeting of the City Council. Communication of Iowa Transit Assn. submitting a brief and reso- lution on the recent past and pres- ent status of Transit in Iowa and outlining a program to be pre- sented to the 60th General Assem- bly of Iowa, presented and read. Councilman Schreiber moved that the resolution be approved and the communication be received and filed. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 266.62 APPROVAL OF PENDING LEGISLATION FOR BUS TRANSIT SYSTEMS OPERAT. ING IN IOWA CITIES. Whereas, there will be intro. duced in the Iowa State Legisla- ture legislation which exempts city transit bus systems from payment of the State Vehicle Fuel Tax, and relief on license fee and WHEREAS, our local transit company has been operating their system at a loss because of a de. crease in riders, and may effect the service rendered by them in the future, and WHEREAS, it is essential to the future welfare and continued growth of our city that the pres. ent transit service be maintained, and WHEREAS, unless said tax re- lief is continued many transit com. panies will no longer be able to provide adequate service and many cities may in the near future be without this essential service, and WHEREAS, the Mayor and City Council's position in this matter should be expressed to the legis- lature. Now, THEREFORE, BE AND IT IS HEREBY RESOLVED that the City Council of Dubuque approve continuation of the law providing for exemption to owners or op. erators of transit systems from motor vehicle fuel tax, and relief on license fee. LOUIS SCHALLER Mayor of the City of Dubuque JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HO�AN Councilm Passed December 19, 1962 Approved December 19, 1962 Attest: LEO F. FROMMF,I,T City Clerk December 17, 1962 To the Honorable Mayor and City Council Gentlemen: I would like to inform you that I have written to the firm of O'Con- nor, Brooks, Ahrendt & Brooks, Certified Public Accountants, au- thorizing{ them to proceed with the Audit of the City's 1962 records. I ask that you confirm my action so that th - State Auditor can be notified of this arrangement. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the action of the City Manager be con- firmed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Kean. December 14, 1962 To the honorable Mayor and City Council Gentlemen: It has been brought to the at- tention of your staff that a street light is needed at the intersection of West 5th and Gilmore Streets. The matter has been investigat- ed, and it is recommended that a 4000 lumen light be installed at this location. Respectfully submitted, Gilbert D. Chavenelle City Manager Special Session, December 19, 1982 481 Mayor Schaller moved that the recorini-ndation of the City Man. ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas- -Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Kean. December 14, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of November, as well as list of claims and pay- rolls for which warrants were is- sued for the month of November, 1962. Respectfully submitted. Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schrei- bo-r. Carried by the following vote: Yeas—Mayor Schaller, Council - m •n Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. December 10, 1962 To the Honorable Mayor and City Council Gentlemen: On May 7, 1962 vour honorable body adopted resolution No. 91.62, directing all owners of lots abut- ting on City of Dubuque 1962 Bituminous Concrete Project No. 1 to make connections from the sewer, water and gas mains beyond the curb line of said lots prior to May 27, 1962, and further directin, that this office proceed to have said connections made in the event any property owner shall fail to make said connections. This is to certify that the own- ers of the property listed on the attached schedule failed or refused to make said connections to said property prior to \lay 27, 1962: That pursuant to said resolution I contacted Smitty's Excavating Service, Jack Jones, Allen Trench- ing Service, Wilhelm Excavating Service for exacations service. I contacted A. A. Anderson, Curtis Straub Co., Geo. Reaves, Louis Buechel, and McCarten Plumbing & Heating Co. to do the plumbing work. The cost on this work has been determined to be $4,024.18, which is due and owing the above mentioned contractors. The cost of making said connections to be charged to each lot is as shown on the attached schedule. I. therefore, recommend that the City Auditor be instructed to issue warrants drawn on the 135 J-1 Road Use Tax Fund totaling $4,- 024-18, 4;024.18, that the cost of such con- nections be assessed against said lots as set forth in the attached schedule, and the City Clerk be authorized and directed to certify said assessments to the County Auditor to be collected in the same manner as general property taxes in accordance with Section 4 of Chapter 151 of the Acts of the 54th General Assembly of Iowa. Respectfully submitted. Gilbert D. Chavenelle City Manager SCHEDULE OF ASSESSMENTS For sewer and water connections on newly paved streets as per reso- lution No. 9162 adopted May 7, 1962. Herbert & Margaret Zim- merman, Lot 48, Rosedale Addition ............................$422.21 Anna Mae Conlon, Lot 91, Lenox Addition .................... 137.94 Anna Mae Conlon, Lot 92, Lenox Addition ................ 137.95 Bert Guler Estate, Lot 566, Lenox Addition ................ 296.76 Bert Guler Estate, Lot 567, Lenox Addition ................ 323.60 Joseph I. Speak, Lot 583, Lenox Addition ................ 197.43 Retta P. Edwards, Lot 570, Lenox Addition ................ 231.75 Mathew B. Olansky a n d Agnes Loizeaux, Lot 11, Watters Subdivision ........ 799.46 Reilly Realty CO., Lot 149, Finley Waples & Burton Add. .................................... 249.10 Reilly Realty Co., Lot 2.50, Finley Waples & Burton Add. .................................... 249.11 Wm. T. Connery. Lot 58. South Ave. Sub ................. 364.20 Wm. T. Connery, Lot 56, South Ave. Sub. .............. 128.61 Wm. T. Connery, Lot 55, South Ave. Sub. _ ........... 135.61 Wm. T. Connery, Lot 54, South Ave. Sub ................ 134.45 Wm. T. Connery, I.ot 53, South Ave. Sub ................. 123.89 482 Special Session, December 19, 1962 Florence Barry Buck, Lot 12, Bradley Sub . ............ 91.91 Total ............................$4,024.18 Councilman Schreiber moved that the recommendation of the City Manager be approved and the Auditor instructed to issue proper warrants in the amount of $4,- 024.18. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider amend- ment of the current budget, pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 58.62 An Ordinance Amending Budget as approved by Resolution No. 192- 61 and Ordiance No. 1-62, said Or- dinance having been previously presented and read at the Council meeting of December 3, 1962, pre- sented for Final Adoption. ORDINANCE NO. 58-62 An Ordinance amending Budget as approved by Resolution No. 142-61 and Ordinance No. 1-62. Be It Ordained by the City Council of the City of Dubuque: That miscellaneous revenue in excess of the amount anticipated during the fiscal year of 1462 and that the unexpended cash halanceN on hand at the close of the preceeding fiscal year not estimated or appropriated in the original budget approved by Resolution No. 142-61 and Ordinance No. 1-62 are hereby allocated and appropriated for payment of necessary expenditures of City Government, in the following amounts and for the. purpose as hereinafter set forth, and to that end the appropriations and allocations of funds are hereby authorized to -wit: RECEIPTS Fund Bxce8a Unencumbered Miscellaneous Balance Revenue Total Street Road Use Tax Fund 3,000.00 3,000.00 Public Safety Fund 20,453.00 20,453.00 Utilitles—Water Works lieneral Fund 10,1100.00 10,0011.00 Totals .......... ....... 8.000.00 30,453.00 38,453.00 EXPENDITURES STREET ROAD USE TAX FUND Item 132—Street Repairing & Grading3,000.00 This appropriation shall be paid from miscellaneous revenue In excess of amount anticipated for 1462. PUBLIC SAFETY FUND Municipal Court Item M. C.—Equipment 16,000.00 Emergency Flood Control Item 172—Maintenance Costs ... 4,463.00 These Public Safety Appropriatlons shall be paid from unencumber- ed cash balances over and above amounts anticipated January 1, 1462. UTILITIES—WATER WORKS GENERAL FUND Item 149—Water Works Operation & Maintenance 10,000.00 This utility appropriation shall be paid from unencumbered cash balance over and above amounts anticipated January 1, 1462 Total additional appropriation for the expenditure of City Government of the City or Dubuque, Iowa for the fiscal year beginning January 1, 1962 and ending December 81, 1462 =33,458.011 Passed upon first reading this 3rd day of December 1462. Passed, adopted and approved upon final reading this 19th day of December 196'!. LOUIS SCHALLER Mayor JOfIN P. SCHREIBER PETER J. TAKOS ROBERT J. HOR(IAN Councilmen Attest: Lro F. FROM:IIISI.T City Clerk Published officially In the Telegraph -herald Newspaper t)IlN 31st day of December 14612. LEO F. FROMME1.T It. 12-21 City Clerk Special Session, December 19, 1962 483 Councilman Schreiber m o v e d adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Kean. ORDINANCE NO. 59.62 Ordinance establishing Location of Municipal Court: Providing for Appointment of Officers of said Court: and providing for operation of said Municipal Court, presented and read. Counciiman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three, separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE No. -9-62 OR, D] NA NCE OSTABLiSIf- ING LOCATION OF Mt'NiCI- PAL CX)I'RT: PROVIDING FOiL AI'OFP,SAIDMCOURT F OFFAND 1 PROS viin,%n Poll 011F:RATiON OF SAID MITNICIPAL ('OITRT: WIIFNIF•AS, at a SUCIal IOlec- tfon held on June 4, Ili 2, the elec- torate of the Clty of Dubuque b} majority voted in favor of the so- tabllshment of a Municipal Court, and W 11F RIdAS. by virtue of t It e volt. of the electorate, said Mu - n clpal Court wits deem+•d estab Ilshed, as provided for In Section w12.4 of the 1902 Code of Iowa. NOW TtIF.RF.FORF% BE IT ttl:- lo1IY TIfF CITY I Hl QiTE, 10\VA(:'(it (, I,FD" ' Section 1 The Municipal ('our' of (`fly of Dubu( ue, Iowa, be, and the same In herei)v estahllshed. St 2. Th-- Munloinnl Court of ('fly of I)uhuque, lown. u commence operation Januar> 1963. .4ertlon 3 The M11111o1pa1 ('""It of City of Dubuttue. Iowa, shall I,— lot.itted it, the soventh Imoorinot the• Fischer Realty looated at the northwest eorne•• of the+ intersection of 9th Street antt Main Street fu the City of Dubuque. town, nr at such othrr locution us the ('fly ('ouncll gtmz designate. :;ectlon 4 The Muniaii,al Court or (',fly of Dubuque, IuwvL, alwale t.lueli be .,pen fur buslll- Section i. The Municipal Court . f ('Ry of Dubuque, Iowa, shall held by two Municipal Judges, .,,ho shall be appointed by the governor of the State of Iowa, .Ind who shall hold office for such time or during such term IS provided for by the Laws en- acted by (leneral Assembly of Iowa or as provided by an% m aevwdmenta thereto. Stetlon 0. The Municipal Court f Clty of Dubuque, Iowa, shall have such ,Jurisdiction over civil matters and criminal matters, and have territorial Jurisdietlon :to provided for by Sections 602.14, 402.1;. and 6,02.10. Inclusive, of the It62 Code of Iowa. Section i. The Municipal Court ,If ('fly of Dubuque. Iowa, shall he a court of record and shall have a seal with the words "Mu nicipal Court of Dubuque, 1.,w., thereon. Section 8, The Mayor, with the pproval of the City Council of 1 ubuque, Iowa, shall appoint the C:erk and Bailiff and such other elective officers of such court, except the judges thereof, until the next City Flection. Section 9. The Clerk and Bailiff. with the approval of the City Council of Dubuque, Iowa shall each have power to appoint such deputley as may be necessary to transact the business of the Court, whose salaries shall be fixed by the City Council. Section 10, The Judges of the Jiunicipal Court of City of Du- flu, iowa, upon appaintment or election to such office, shall aubseribe to the oath required of Judges of the District Court, which shall be filed with the City Clerk. Other officers of nald Court shall qualify by filing oath of of- fice as by law to required. Section H. The Clerk of the Court, the Deputy Clerks, the Bailiff. and the Deputy Bailiffs shall give and provide bonds, hl the following amounts, which shall be filed with and approved by the City Clerk: Clerk of Court $5,000.00 Deputy Clerk of Court 25,000.00 Bailiff of Court $2,500.00 Deputy Bailiff of Court $2,500.00 Seetlon 12. The Police Court or City of Dubuque, Iowa, shall be abolished effective the 1st day of January. 1963, and all pertinent records thereof transferred to the Municipal Court. Section 13. All Ordinances or plict arts the prof ovisions of inancn thisfOr- dinance are hereby repealed. Section 14. if any section, pro- vision, or part of this Ordlnance shall be adjudged invalid or un- constitutional, such adjudication x11811 not affect the validity of the ordinance as a whole, or any section, provlelon or part thereof not ad,iudged invalid or unconsti- tutional. I'assttil, adopted and approved this 19th day of December, 1962. Louis Schaller, Mayor John P. Schreiber Peter J. Takos Robert J. Ilorgan COunolhnen Attest: I,eo F. Frommelt City Clerk Published officlully in the graph -Herald Newspaper thio. _I,i lay of December. 1982. Leo F. Fruttlnlelt, City Clerk 484 Special Session, December 19, 1982 Councilman Schreiber m o v e d the adoption of the Ordiance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 267.62 RESOLUTION APPOINTING CLERK AND BAILIFF OF MUNICIPAL COURT OF CITY OF DUBUQUE, OWA WHEREAS, Louis Schaller, Mayor of the City of Dubuque, Iowa, and has appointed Joseph A. Stieber, as Clerk of the Munici- pal Court of Dubuque, Iowa, and has appointed Elmer D. Johanning- meier as Bailiff of said Court; and WHEREAS, such appointment of the Mayor of the City of Dubuque, Iowa, is subject to the approval of the City Council. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The appointment of Joseph A. Stieber as Cl rk of Municipal Court of Dubuque, Iowa and the appointment of Elrner D. Johanningmeier as Bailiff of said Court by Mayor Louis Schallor be and the same is hereby approved and confirmed. Section 2 That the said Clerk and Bailiff of said Municipal Court shall assume the duties of their respective office commencing Jan- uary 2, 1963, and each shall hold office until January first following the next City Election. Section 3. That the Clerk of the Municipal Court of Dubuque, Iowa, shall be paid an annual salary of $5,000.00 and that the Bailiff of said Court shall be paid an an- nual salary of $4,700.00, and each of the respective foregoing salaries shall be payable in bi-weekly in- stallments. Passed, adopted and approved this 19th day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER ROBERT J. HORGAN Councilmen Attest: LFO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber. Nays—Councilman Takos, Absent—Councilman Kean. Notice of claim of Mrs. Doris McKeon, in an unnamed amount, for personal injuries received in a fall on a slippery sidewalk on Diagonal Street on December 8, 1962, presented and read. Council- man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Ilor�!an. Schreiber, Takos. Nays—None. Absent—Councilman Kean. Notice of claim of Paul Gear - heart, in the amount of $100, for damage to his truck as the result of striking a defective manhole cover at 24th Street on December 12, 1962, presented and read. Coun- 1 pan Takos moved that the no. of claim be referred to the S :licitor for investigation and •po,t. Seconded by Councilman -hreiber. Carried by the follow- ; vote: Yeas—Mayor Schaller, Council. n Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. Notice of claim of James L. Lew. is, in the amount of $48.61, for damage to his car as the result of striking a defective manhole cov. er at 24th Street on December 12, 1962, presented and read. Coun- cilman Takos moved that the no. tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. Petition of Dubuque United Cerebral Palsy requesting permis. sion to conduct a campaign for funds on January 13, 1963, present- ed and read. Councilman Schrei- ber moved that the petition br granted providing there are no conflicting dates. Seconded by Councilman Takos. Carried by the following vote: Special Session, December 19, 1962 � Yeas—Mayor Schaller, Council- men 11organ, Schreiber, Takos. Nays --None. Absent—Councilman Kean. Petition tot Peoples Natural Gas requesting permission to excavate in Green Street to service the home of S:+m Pusateri, presented and read. Councilman Schreiber mored that the petition he grant- ed. Seconded by Cooncilman Hor- gan Carried by the follom ing vote: Yeas—Mayor Schaller, Council- men Morgan. Schreiber, Takos. Nays—None. Absent --Councilman Kean. Petition of Louis Buechel re- questing permission to excavate in 1337 Delhi Street, presented and read Mayor Schaller moved that the petition be granted. Seconded by Councilman Takos. Carried by the folio« ing vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Kean. Petition of Marie Rettenmaier requesting rezonine of Lot 12 in Jungks Sub. located at 1211 Rhotn- herg Avenue to local Business "A" classification, presented and read. Councilman Schreiber moved that the petition he referred to the Planning & 'Zoning Commission for investigation and report.See- onded by Councilman Takos. Car- ried by the followini; vote: Yeas --Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. Petition of Richard J. Kamentz requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 279, as he has discon- tinued business on November 1, 1962, presented and read. Mayor Schaller moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $50 payable to Richard ,1. Ka mentz to cover the amount due on the unexpired portion of cig- arette license No. 279. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber. Takos. Nays—None. Absent Councilman Kean. Petition of Fred N. Randle re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 111, as he has discon- tinued business on November 30, 1962, presented and read, Mayor Schaller moved that the refund be granted and the Auditor instruct. ed to issue a warrant payable to Fred N. Randle in the amount of $50 to cover the amount due on the unexpired portion of cigarette licenke No. 111. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Schaller. Council- men Horgan, Schreiber, Takos. Nays—None, Absent—Councilman Kean. Petition of William J. Baum re- questing a eefund of $50 on the uneXpired portion of Class B beer Permit No. 45, as he has discon- tinued business on December 13, 1962, presented and read. Mayor Schaller moved that the refund be granted and the Auditor in- structed to issue a warrant pay- able to William J. Baum in the amount of $50 to cover the amount due on the unexpired portion of Cla.s B beer permit No. 45. Sec- + nded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men lforsan, Schreiber, Takos. NayF- -None. Ab enl—Councilman Kean. RESOLUTION N0. 268.62 W119REAS, the City of Dubuque, Iowa, has suffered much damage from the flooding of the Missis- s,ppi River; and WHEREAS, this great river, at flood stage, annually imposes the threat of danger and damage upon the Citizens of Dubuque; and WHEREAS, large sections of the Pity are exposed to river flood hazard in spite of the fact that the Citizens of Dubuque have themselves expended much to con- trol the danger; and WHEREAS, flood control works are vital for the protection of new construction and industrial devel- opment within the area harassed by flood; and WHEREAS. the Citizens and of- fi ials of Dubuque with Corp,;mbr 22. 1960, in meeting h of En,,,incers, did evidence i ence situng al interest in a prof flood protection plan to be con. structed within this City, and agreed it, furnish required local cooperation; and 486 Special Session, December 19, 1962 WHEREAS, the Citizens and of. ficials have continued to assert strong interest in the project and their willingness to promptly ful- fill local project requirements; and WHEREAS, the Eighty-seventh Congress of the United States did authorize the Dubuque Flood Con- trol Project; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Federal Budget Bureau be urged to include within the next Federal budget a request for funds for the Dubuque Flood Control Project; that the Congress of the United States be urged to appro- priate such funds; that the Corps of Engineers, U. S. Army, be urged to undertake the project with dispatch and that true and certified copies of this Resolution be promptly forwarded to the Unit- ed States Congressional Represen- tative, Second Iowa District; to the Assistant Director, Civil Works, Midwest Corps of Engineers and to the District Engineer, Rock Island Corps of Engineers. Passed, adopted and approved this 19th day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Kean, RESOLUTION NO. 26962 WHEREAS, on July 2, 1956 an Ordinance entitled No. 32.56 au- thorizing and providing for the issuance and securing the payment of $385,000.00 Parking Lot Reve- nue Bonds of the City of Dubuque, Iowa, under the provision of Chap- ter 390 of the Cade of Iowa, as amended, for the purpose of de- fraying the coat of acquiring and improving Municipal parking lots in and for said City was passed and adopted; and WHEREAS, all of said Parking I.ot Revenue Bonds have been re- deemed. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the redemption prior to maturity of Parking Lot Revenue Bonds of the City of Dubuque, Iowa, prior to maturity thereof ,be and the same is hereby approved and confirmed and the disbursements made by the City Treasurer of Dubuque. Iowa in connection with the redemption of said Parking Lot Revenue Bonds prior to maturity be and the same is hereby approved and confirmed. Section 2. That all terms and obligations of the City of Dubuque, Iowa under and by virtue of Or- dinance No. 32.56 have been fully met and have been fully complied with. Section 3. That the City Clerk be and he is hereby authorized and directed to file a certified copy of this Resolution in the of- fice of the County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 19th day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos, Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 270.62 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the pr; ions of law relating to the sale of ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. John D. Best (Effective January 1, 1963), 1697 Jackson Street Florence Deutsch (Transfer of ad- dress from 1298 Main Street), 45 West 13th Street BE IT FURTHER RESOLVED Special Session, December 19, 1962 487 that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 19th day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Kean. RESOLUTION NO. 271.62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Cuuncil of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Mrs. Lorraine Gordon, 2327 Central Avenue Mrs. Bernice Platt, 3165 Central Avenue William H. Olsen, 1097 Jackson Street Mrs. Giannoula Sarris, 720 Main Street Mrs. Patricia Sarris, 760 East 16th Street John Best, 1697 Jackson Street Mrs. June M. Noel, 2400 Central Avenue Frederick Tippe, 521 East 22nd Street Florance Deutsch (Transfer of ad- dress from 1298 Main Street), 45 West 13th Street John F. Weidemann, 1046 Central Avenue CLASS "C" BEER PERMIT John C. Neumeister, 729 Lincoln Avenue LaVerne G. Felderman, 1889 Jack son Street Donald E. Wertz, 1545 So. Grand- view Avenue Elmer L. Fink, 2678 Central Ave. nue Passed, adopted and approved this 19th day of December, 1982. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 272.62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil. and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply wtih the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he ie hereby directed to issue to the fol- lowing named applicants a beer permit. CLASS "B" BEER PERMIT Mrs. Lorraine Gordon, 2327 Cen- tral Avenue Mrs. Bernice Platt, 3165 Central Avenue William H. Olsen, 1097 Jackson Street Mrs. Giannoula Sams, 720 Main Street Mrs. Patricia Sarris, 760 East 18th Street John Best, 1697 Jackson Street Mrs. June M. Noel, 2400 Central Avenue Frederick Tippe, 521 East 22nd Street FldrQ8s Deutsch from 1298 Main (Transfer of 45 West 13th Street John F. Weidemann, 1046 Central Avenue CLASS "C" BEER PERMIT John C. Neumeister, 729 Lincoln Avenue LaVerne G. Felderman. 1889 Jack. son Street Donald E. Wertz, 1545 So, Grand- view Avenue 188 Serial Session, December 19, 1962 Elmer I, Fink, 2878 Central Ave- nue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 19th day of December, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. There being no further business Councilman Schreiber moved to adjourn. Seconded by Mayor Schal- ler. Carried by the following vote.: Yeas—Mayor Schaller, Council- men Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Kean. LEO F. FROMMF.LT City Clerk Approved March 11, 1963 �iarah Lt 1 Adopted .......... ............... L Councilmtn A X(_AKXX--f l Attest • 7'.!"`.^'`''"if `'`'.... City Clerk I JORM MICROLAB • CLIENT FIRM MICROFILMING' CATAGORY DATA /INDEX PAGE CAMERA R/R MODE FORMAT DOCS/FRAM EROLL' FRAMES,j� — -(�I im PC 1 C, FOOTAGE lz�e_' NO, © JORM MICR0LA8, 1978 INDEX LOCATION DESCRIPTION 1 - CERTIFICATE OF AUTHENTICITY C� THIS IS TO CERTIFY that the microphotographs appearing on this Film -File, as indicated by the index herein, are accurate and complete reproductions of the records of the herein named client firm, as delivered in the regular course of business for photographing. (DECLARATION OF INTENT AND—PURPOSE ❑ I, the below named employee of JORM MICROLA6, do hereby declare that the records microfilmed herein are actual records of the client firm herein named, created during it's normal course of business and that: It is the express intent and purpose of JORM MICROLA" to destroy or otherwise dispose of the original records microphotographed herein, and that: The destruction or disposition of the records microphotographed on this microform is only to be acco,nplished after inspection of the microfilm to assure completeness of coverage and that: It is the policy of JORM MICROLA4 to microfilm and dispose of original records in accordance with customer authorization or as part of the planned organizational operating procedure. 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MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB M MICROLAB JORM MICROLAB JORM MICROLAB JORM MICROLAB ROLAB JORM MICROLAB JORM MICROLAB JORM MICROLAB JORM M MICROLAB JORM MICROLAB JORM MICROLAB JORM MICROLAB ROLAB JORM MICROLAB JORM MICROLAB JORM JO JORMMICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM 1ICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM MICROLAB JORM MICROLAB JORM MICROLAB J JORM MICROLAB DORM MICROLAB JORM MICRO MICROLAB JORM MICROLAB JORM MICROLAB J JORM MICROLAB JORM MICROLAB JORM MICRO 2M MICROLAB JORM MICROLAB J IORM MICROLAB JORM MICROLAB IICROLAB JORM MICROLAB JORM IORM MICROLAB JORM MICROLAB IICROLAB JORM MICROLAB JORM )ORM MICROLAB JORM MICROLAB 1ICROLAB JORM MICROLAB JORM IORM MICROLAB JORM MICROLAB 4ICROLAB JORM MICROLAB JORM DORM MICROLAB JORM MICROLAB 4ICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB 4ICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB 4ICROLAB DORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM JORM MICROLAB JORM MICROLAB MICROLAB JORM MICROLAB JORM AB JORM MICROLAB JORM MICRO JUKM MILKULAb JUKM Vll%,MVL MICROLAB JORM MICROLAB JORM MICROLAB JORM MICROLAB J JORM MICROLAB JORM MICROLAB JORM MICROLAB JORM MICRO MICROLAB JORM MICROLAB JORM MICROLAB JORM MICROLAB J JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM JORM MICROLAB MICROLAB JORM - a DORM MICR�LAB CEDAR RAPIDS, IOWA 52402 • • • 0 • • • • MENNEENE MICROGRAPHICS DIVISION TEST TARGET 000 TOP 93 - 5- 1 A, TOP ••• 0 1 2 3 4 5 III1111111 I I I inches O 10 20 30 40 50 60 70 80 90 100 fllfll merlS A ,lmm L E ,.1. 2 OC CR) t.o DENSITY CHECK © JORM MICROLAS, 1978 Camera: Station: l Reduction Ratio 179 Q.1.1"e" std: mm • •n: linesImm Density: 11, ,o I.0 1. 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