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1968 February Council Proceedings There being no further business Councilman Pregler moved to ad- journ. Seconded by Mayor McCau- ley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Meyers, Pregler. Nays-None. Absent-Councilmen Couchman, Schultz. 32 Special Session, January 22, 1968 Ace Pipe Clean- ing Inc. 5,219.00 3,684.00 This television inspection in- cludes a written report with pic. tures. I recommend that the bid of Ace Pipe Cleaning Inc. be accepted for the combined operation of cleaning and televising the sewers. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor McCauley moved approval of the Manager's recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Meyers, Pregler. Nays-None. Absent-Councilmen Couchman, Schultz. Councilman Meyers moved that the Mayor and Clerk be authorized to sign an agreement between the City and Interstate Power Co. ou tbe flood wall. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Meyers, Pregler. Nays-None. Absent-Councilmen Coucbman, Schultz. Leo F. Frommelt, City Clerk Approved ....................................1966. Adopted ......................................1966. .................................................................................. """"""""""""""""""""""'ëöiïiïë¡¡ñïëñ""".... Attested: """""""""""ëïiÿ"'ëi~~k"'" Regular Session, February 5, 1968 33 CITY COUNCIL OFFICIAL Rogular So..lon, February 5, 1968. No members of the City Council being present upon roll call the meeting was postponed subject to call. Leo F. Frommelt, City Clerk. Approved ....................................1968 Adopted ......................................1966 ~~:;':"':::'::::::~i~:'~;~;~~~~~~~~'~::: Code of Iowa, the Civil Service Commission conducted examina- tions on January 31, 1968, seeking positions as Housing Inspector. The following named persons passed the written examinations and their names are hereby certi- fied. Rubel, James L. 81.7% Schueller, Richard L. 76.7% Zimmerman, Harold F. 76.7% Fransen, John J. 75.8% Moran, Douglas M. 71.7% Fessler, Ray F. 70.8% Respectfully submitted, Gerard B. Noonan Cbairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission 34 Adjourned Regular Session, February 7, 1968 CITY COUNCIL OFFICIAL Adjourned Regular Session, Feb. ruary 7, 1968. Council met at 7:30 P.M. (C.S.T.) Present_ayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is AN ADJOURNED MEETING OF THE REGULAR MEETING OF FEBRUARY 5, 1968, called for the purpose of acting upon such busi- uess as may properly come before the meeting. Communication of County.City of Dubuque Authority submitting the audit report for the year 1967, pre- sented and read. Councilman Preg- ler moved that the report be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Communication of Iowa Surety Co. submitting notification of can- cellation of "Power of Attorney" issued to Robert W. Burns, present- ed and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Printed Council proceedings for the month of November 1967, pre- sented for approval. Councilmau Pregler moved that the November 1967 Council proceedings be ap- proved as printed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 5, 1968 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 5th day of February 1968. Eugene J. Berens, Notary Public Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. January 22, 1968 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Rainbo Oil Company for the vacation of a portion of Railroad Avenue from the east line of Main Street and extending ap- proximately 113' east of the rail- road tracks. I am enclosing a letter from John White dated December 5th and a letter dated December 29th from Don Gilson setting out the recommendation of the Planning and Zoning Commission that the requested vacation be not granted at this time. I recommend that the petition be denied uutil such time as the street plan for the City indicates that the plot will not be necessary for street purposes. Respectfully submitted, Gilbert D. Chavenelle, City Manager Adjourned Regular Session, February 7, 1968 35 Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. January 23, 1968 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Thermolyne Corpora- tion requesting the vacation of several plots abutting the Ther- molyne Corporation. You referred this matter to the Dock Commission and I am en- closing the Dock Commissioners recommendation dated September 27th. I have also discussed this mat- ter with the City Planner and the City Engineer, and consequently I recommend that only an alley plot be vacated for its entire length and that the request for two other portions be denied until it can be determined if this property will be needed for street purposes. You will note that the recom- mendation of the Dock Commission is that the property requested be vacated and sold. I have written to the Dock Commission and have explained my recommendation to them. I have written to the petitioner indicating my recommendation to the Conncil and have asked their cooperation should they be inter- ested in the proposition of vacating the alley its entire length. Respectfully Submitted, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. January 31, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer and Water Department, as well as a list of claims and payrolls for the month of December, 1967. I am also submitting the Annual Report of the City Treasurer for the year 1967. Respectfully submitted, Gilbert D. Chavenelle. City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. 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 December 1967, presented and read. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 6, 1968 To the Honorable Mayor and City Council Gentlemen: A request has been received to increase the intensity of the street lighting in front of the Boys Club. It is recommended that a 250 watt mercury vapor light be mounted on a pole near the en- trance to the Boys Club, replacing a 6000 lumen incandescent light presently installed at the location. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-Noue. February 6, 1968 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Caradco Company re- questing increased street lighting at 11th and Washington Streets. - housing inspection program now being conducted in the area. I am enclosing a letter-report from Mr. Miller. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. 36 Adjourned Regular Session, February 7, 1968 It is recommended that a 250 watt mercury vapor light be mounted at the location. This light will replace a 4000 lumen incan- descent light. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried hy the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 6, 1966 To the Honorable Mayor a!1d City Council Gentlemen: I herewith submit the report of the Auditor's office for the month of December 1967. Respectfully submitted, Gilbert D. Chavenelle. City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Fehruary 6, 1968 To the Honorable Mayor and City Council Gentlemen: I submit to you the audit of the Water Department for the year 1967 by O'Connor, Brooks, Ahrendt and Brooks. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the report he received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 6, 1968 To the Honorable Mayor and City Council Gentlemen: I would like to report to you that Art Nagel, Art Miller, Don Bandy and Miss Sheila Wright con- ducted an effective and successful Jefferson neighborhood meetiag. They discussed and explained the February 7, 1968 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. Ii i!' ~, { -~" PUBLIC OFFICIAL BOND Alfred G. Heitzman, The Ohio Cas- ualty Insurance Co. SIDEWALK Gilbert Roling, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the bonds be filed subject to ap- proval of the City Attorney. Sec- onded by Couucilman Couchman. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. w I I ! t ~ ~ February 7, 1968 To the Honorable Mayor and City Council Gentlemen: I have looked into the petition of Mr. and Mrs. James Giesler reo questing the vacation and convey- ance of an alley which lies west of Queen Street and running south- erly from Clinton Street. The Planning Commission recom- mended the vacation of the alley. I wrote to the petitioner a pro- posal for the vacation and con- veyance of the plot. The petitioners have withdrawn their request. I am enclosing the following papers: Letter of petition, Mr. and Mrs. James Giesler. Adjourned Regular Session, February 7, 1968 Recommendation of the Plan- ning and Zoning Commission. Letter of Proposal dated Janu- ary 4th. Letter, Mr. and Mrs. Giesler, dated January 11th. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor McCauley moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 7, 1968 To the Honorable Mayor I and City Council Gentlemen: I received a petition from Mr. and Mrs. Raymond Foote request- ing the purchase of City owned lot number 33, Bellevue Addition on Queen Street. I sent a proposal to the petition- ers which has been accepted by the petitioner. I also informed the abutting owners about the proposal. There appears to be no objection from them. I recommend that the property be sold to the petitioner accord- ing to the proposal dated January 8th. Attached to this recommenda- tion are the following: Letter of petition, Mr. and Mrs. Raymond Foote. Recommendation of the Plan- ning and Zoning Commission. I Copies of Proposal January 8th. Letter of notice to the abutter. Reply from Mr. and Mrs. Foote dated January 11th. Reply from D. W. Leifker dated January 16th. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved and referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 7, 1968 To the Honorable Mayor and City Council Gentlemen: In November the Council refer- red to the Planning and Zoning Commission a petition that an alley between St. Joseph Street and Marion be vacated. The Planning Commission re- viewed the petition and recom- mended the vacation. I wrote to each abutter stating a proposal for vacating and con- veying the land to them. Several replies were received ob- jecting to the vacation. I have been asked by some of the petitioners to delay for sev- eral weeks before making a final recommendation to the Conncil. According to the petitioners wish I will retain the papers until mid-March. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the Manager's recom- mendation. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 7, 1968 To the Honorable Mayor and City Council Gentlemen: In 1967 the Council referred to the Planning and Zoning Commis- sion a petition to vacate an alley running southerly from Delaware Street between Avoca Street and Ashton Place. The Planning and Zoning Com- mission reviewed the petition and recommended the vacation. I wrote a proposal to the peti- tioner and also informed all other abutters. I received several replies ob- jecting to the vacation. The petitioner has requested that I delay my final report to the Council until after the first of March. Accordingly, I will delay and retain the petition until mid- March. Respectfully, Gilbert D. Chavenelle, City Manager -- 37 Adjourned Regular Session, February 7, 1968 Councilman Meyers moved that man Meyers. Carried by the follow- the recommendation of the City ing vote: Manager be approved. Seconded by Yeas - Mayor McCauley, Coun- Councilman Couchman. Carried by cilmen Couchman, Meyers, Preg- the following vote: ler, Schultz. Yeas-Mayor McCauley, Coun- Nays-None. cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Application for annexation by Richard C. & Mildred L. Henschel of Lot 2 of 2 of 2 of 1 of 1 and Lotloflof2ofloflallin Mineral Lot 511, and Lot 2 of 1 of 1 of 1 of 1 of 1 of M. L. 510, in Table Mound Township, approxi- mately 3.71 acres, presented and read. Mayor McCauley moved that the application be referred to the Planning & Zoning Commission and to the City Solicitor for prop- er proceedings. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. 38 February 7, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning Commission has reviewed a request for volun- tary annexation of property locat- ed in Section 2 and lying south of Kelly Lane. The Commission has found that all municipal services, except san- itary sewer, can be made available to this site at the present time. Sanitary sewer can be made avail- able after a trunk line is extended to this area. It is the recommendation of the Planning and Zoning Commission that this property be voluntarily annexed. The Commission has scheduled a Public Hearing for February 22nd to consider a pro- posal to classify this area Single Family Residence. Respectfully submitted, Planning and Zoning Commission Don Gilson Director of Planning Councilman Schultz moved that the recommendation be referred to the City Solicitor for proper proceedings. Seconded by Council- February 7, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have vacated the east 10 feet of Lot 11 of Massey Heights and the portion of James Street lying south of Langworthy Street. The Commission has found that there is no foreseeable public need for this right-of-way and that the abutting property owner is in fav- or of the proposal. It is the recommendation of the Planning and Zoning Commission that this right-of-way be vacated subject to any necessary easements for uitlities. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Schultz moved that the recommendation be referred to the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. January 24, 1968 Hon. Mayor & City Council Gentlemen: On December 2, 1965, Grace Gei- ser commenced action against the City of Dubuque, Iowa, in the Dis- trict Court of Dubuque County, Iowa, claiming damages in the amount of $12,500.00, alleging that on the 17th day of December, 1963 plaintiff suffered a fall while walk- iag on the public sidewalk on the north side of 11th Street between the alley first east of Main Street and Main Street and claiming an accumulation of snow and ice thereat resulted in her fall and , injuries. I That as a result of said fall the I said Grace Geiser suffered a frac- tured wrist and injuries to her Adjourned Regular Session, February 7, 1968 39 left knee requiring hospitalization, medical treatment, care and loss of wages. That said action was resisted by the City Attorney and the matter was scheduled for trial at which time the plaintiff made an offer of settlement in the amount of $3,223.05, and it is the recommen- dation of the City Attorney's of- fice that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Grace Geiser and trans- mit the same to the City Attorney for delivery upon receipt of duly executed release and dismissal of said cause with prejudice. Original notice with copy of pe- tition attached is herewith at- tached. Respectfully submitted, R. N. Russo City Attorney Mayor McCauley moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Sheriff's Notice in the matter of condemnation of certain rights in land by the Iowa State Highway Commission for use and benefit of the State in improving Highway No. 61, described as Lot 2 of 2 of 5 of M. L. 21, George Vincent McMa- hon property, off S. Grandview, presented and read. Councilman Schultz moved that the notice be referred to the City Solicitor. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, McCau- ley, Pregler, Schultz. Nays-None. Notice of Suit of John L. Puc- cio, in the amount of $25,000, for personal injuries received as the result of falling into an excavation while riding a bicycle on October 18, 1967, presented and read. Coun- cilman Pregler moved that the Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Mayor McCau- ley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of claim of Carl F. McCarthy of 3518 Keymeer Drive, in the amount of $50. plus labor, for personal property items dam- aged as the result of a sewer back-up on January 8, 1968, pre- sented and read. Councilman Preg. ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor McCauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of claim of Helen R. Shaffer, in an undetermined amount, for personal injuries re- ceived in a fall on a defective sidewalk at 109 E. 32nd Street on December 17, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by May- or McCauley. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of claim of Arthur H. Eichman of 1610 Rhomberg Ave., in the amount of $103.85, for per- sonal injuries sustained as the re- sult of a fall on a defective side- walk at 1608 Rhomberg Ave. on November 17, 1967, presented and read. Councilman Pregler moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Mayor McCauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider Ordinances No. 3-68 and 4-68, for final adop- tion, providing for the collection and disposal of garbage and ref- use, providing for the licensing and regulation of private garbage 40 Adjourned Regular Session, February 7, 1968 and refuse collectors etc., present- ed and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Mayor McCauley moved that the rules be suspended in order to al- low anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. R. F. Sefzik objected to the proposed fee provision set out in Ordinance No. 4-68. He further stated that this would provide a means to tax private collection in the future. Mr. Louis Mihalakis objected to the proposed closing time of the landfill area. As a private hauler he suggested that provision be made to keep the landfill area open until about nine P.M. He did not object to the idea of the Ord- inances. ORDINANCE NO. 3-68 Providing for Municipal Collec- tion of Garbage and Refuse; De- fining Terms; Prescribing Rules and Regulations therefore; Re- stricting the private collection of Garbage and Refuse; Provid- Ing for the Licensing and Regu- lation of Private Garbage and Refuse Collectors; Prescribing Rules and Regulations for Haul- Ing Garbage, refuse and other waste materials wit h I n or through the City of Dubuque; prohibiting the deposit of litter within the City of Dubuque; Ra- pealing Ordinance No. 38-53; and providing penalties for violation thereof, said Ordinance having been pre- viously presented and read at the Council meeting of January 20, 1968, presented for final adoption. Soctlon I. Fo, tho puroo,o of thl> O,dloonce tho following dotlnltlon, ,hall apply, ;:lŸ.Hg~:~, 1~~~~~~!:~~:I~p'r,1~~~ (bJ w"'o Ind,,', lIo,'d Adjourned Regular Session, February 7, 1968 r.~r ~a~"'tho'n¡YI~6'lo I:".:"'¡,", ~~ aceoplablo fo, collodion. "oo<a'o IIml" :';¡:i::roa~~ 41 "<tlon 16. Thl, ofdln..ce "'all be 10 MI fo'ce and "'oct from ..d after It, tlnaf """a.o, adoption and PUblicellon .. by law ",ovldod. Inl"",... tho 20th day of Janmy, '968. r;:t,..¡:¡;:~!ri~:~~ ~~Ž;,I:::~: :fë a:'~~ a.:'J a~'(j;';;:::J .¡;ril 7Ii.allda~':I Fob"a",. '968. SVlvo,'" MCC,"I." MaYor Walt" A. Preol" go.~r¿~d RMMOCg.o;~man C,"",IImon Atteo', l" F. F"mmolt CIty CI". P'bll,hod off<laily In tho Toleo.."". ",,"'. -ow,pap", 'hi, 12th day of Fob- "a"" "M. l" F. Frommolt City Clo"'. It. 2-12 .p'" Mayor McCauley moved final adoption of the Ordinance. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays-Councilman Schultz. ORDINANCE NO. 4-68 An Ordinance providing for Disposal of Garbage and Refuse and the licensing and regulation of private landfill operators; Es- tablishing charges, Rates or Fees for the use of public land- fill sites designated by the City of Dubuque, Iowa; Defining terms; Prescribing rules and regulations for disposal of Gar- bage and Refuse and Collection of Fees, end Providing for pen- elties for violation hereof, said Ordinance having been pre- viously presented and read at the Council meeting of January 20, 1968, presented for final adoption. - - -Wlllli-- 42 Adjourned Regular Session, February 7, 1968 ORDINANCE NO. .... 'e IhI' pe"",,ph ,hell PO' ,"p'V 10 the FOR DIS- ¡:'1~~~, 01 ,d"'~:e"Ih"'~~' ~~Hr'te:i¡ti~~ a de- ~:tir,;~ earth. f. Adjourned 43 Sect'" 16. Th;, o'd'eaeee 'h,II be 'e f"" "'ee aod effecl "'m aod ,lie, ", neal pa"age. ad""" aod ""bllcalloe " bv 'ow P"vlded. 'e"'d","d Ihe 20th day of JaPO"", 1968. Rote ".ot"eg "edleg on th"", ,e- P""e dm ,",peoded bv ""ao'm,,", vote Ihe 2Ofh dev of Jao"m. 1968. P"'ed bv "c"ded "" call vole. edoPled aod ""'ved Ihi, 7th day of FOb"e"" 1968. SYLVESrER McCAULEY Me.., WALTER A. PREGLER OONALD R. MEYERS GAYLORD M. COUCHMAN C,,"eclimee 'POwe """I 10 pay '"' of bege ; The ,ched"le of 'm 'hali be .. 101- iow" Mat"'al Fee 1. Solid 'e,,' w".. ,"lfebie ", cove, mate"ai 2. Aev me"'Ia! h,"ied ie a POe- commmfef '"'omoblle " POe. commmla' "'Ii" 3. All mbage aod "'",e Oth" Ihao 1 " 2 above <1."/T" ,. MIPlm"m fee < .25 5. Aev maf""i h,"led ie a ve- hicle oweed bv Ihe Cltv, C,"e- tv of D"b"",, Slate 0' iowa " Fed"'f Gove,"meot ATTEST, Leo F. F'Pmmelf Citv Ci". P"bll,hed OfficlailY Ie The Tele.,...- H"ald New","" thi, I2fh dev of Feb- ""v. 1968. Leo F. F"mmelf It. 2-12 Citv Ci.... Mayor McCauley moved final adoPtion of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler. Nays - Councilman Schultz. F'ee ORDINANCE NO. 5-68 An Ordinance amending and changing Ordinance No. 3-34 known as the zoning map and zoning Ordinance of the City of Dubu~ue so as to change cer. taln property hereinafter de- scribed from "multiple family residence district" classification to "Loca' Business "A" District" classification, (Lot 2 of 46A Fa.. ley's Sub and Lot 6 and West 139' of City Lot 703) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. F"e Mayor McCauley moved that a public hearing be held on the Ord- inance on March 4, 1968 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 7-68 An Ordinance classifying cer. tain territory n_ly annexed to the City of Dubuque, Iowa, as a "Single Family Residence Dis- trict" classification, and the zon. Ing map of the City of Dubu. que be and the sama is hereby amended accordingly, presented and read. Mayor McCauley moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Mayor McCauley moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Mayor McCauley moved that a public hearing be held on the Ordinance on March 4, 1968, at 7:30 o'clock 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. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler. Schultz. Nays-None. 44 Adjourned Regular Session, February 7, 1968 Seconded by Mayor McCauley. Car- ried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that a public hearing be held on the Ordinance on March 4, 1968 at 7:30 o'clock 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. Sec- onded by Mayor McCauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 6-68 An Ordinance classifying certain territory newly annexed to the City of Dubuque, Iowa, as a "Single Family Residence DIs- trict" classification, and the zoning map of tha City of Du. buque, be and the same Is here- by amended accordingly, presented and read. Mayor McCauley moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mayor McCauley moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol' lowing vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Communication of the Building Code Committee submitting an Adjourned Regular Session, Ordinance amending the Building Code Ordinance No. 56-61 Cover- ing revisions concerning mechani- cal ventilation, boiler rooms and steel joists, presented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 8-68 An Ordinance amending the Building Code, Ordinance No. 56-61 of the City of Dubuque, Iowa, by repealing Section 605 of Article 6 thereof and enacting a new Section 60s of Article 6 thereof; and by repealing Sac- tlon 1014 and 1015 of Article 10 thereof and enacting new' sections 1014 and 1015 of Article 10 In lieu thereof; also repeal. Ing Section 1200 of Article 12 thereof and enacting a new Sec- tion 1200 of Article 12 in lieu thereof, presented and read. Councilman Pregler moved that the reading just had be consid- ered the first reading of the Ord- inance. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days I be waived. Seconded by Council- man Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. 45 2. Met.,I..,. All 'feel .Hd ,h.II am- ~'1\0~ :::'~mog,.a~l~ II~teg.J?onth~O1"tF'.. 3. An"'"..e. (e' The end, of . 101", 'hell extend e then' In"'e, om '.0"", end not " Adjourned Regular Session, February 7, 1968 posed Ordinance be referred to the City Manager for recommenda- tion to the Council. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Ed. Ossenkop, District Man- ager, and Richard Mayne area man- ager, of the Peoples Natural Gas were in attendance and stated that they thought the communica- tion for continuance or renewal of the franchise was self ex- planatory. 46 10o". s,<"oo 2. Thi' Ofdi"n« ,he" be In f"" folOe end effecl Ifom end eftel it, fIne' "",ge, edopflon end p"bli,,"on " by iew Pfov'ded. 'nl"d","" the 71h dey of Febf""y, m,. R"1e feo"ifing feeding on thfee "p,,- ,te dm '",pOnded by "nen'mo", vofe on Ihe 71h dey ot Febf""y, 1968. P",ed bY r,<"'ded ,," ce" vote, adopted end epPfoved thi, 71h dey of Febf""y, ".,. SYLVESTER McCAULEY, MeYOf WALTER A. P"EGLER ME.LIN F. SCHULTZ DONALO R. MEYE"S GAYLO.D M. COUCHMAN Co"nclimen A_I Leo F. Ffommelf City Clefk P"bli'hed officie"y In The TeI"",ph- Hmid new,pepef thi, 12lh day of Febf""Y. '968. LEO F. FROMMELT 1 t. 2-12 City Clefk Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Communication of Peoples Nat- ural Gas submitting a proposed Ordinance granting them the non- exclusive authority to erect, main- tain, and operate for a period of twenty-five years and requesting franchise renewal and further re- questing an election to be held on or before May 14, 1968, presented and read. Mayor McCauley moved that the communication be receiv- ed and filed and that the pro- ORDINANCE NO. 9-68 An Ordinance Amending Ordi- nance No. 55.55 by repealing Section 7 thereof and enacting a naw Section 7 In lieu thereof providing for the installing of a solid metal fence to enclose premises on which junk is stored or automobile salvage work is performed, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor McCauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. .... MOBILE FORMED. NOW THEREFORE BE IT OROAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That D"b", eby Ih"eo; " Adjourned Regular Session, February 7, 1968 47 Pa"ed. adopted and epPfoved thl, 71h dey of Fob,,",y. 1968. SYLVEsrER McCAULEY MeYOf WALTER A. PREGLER MERLIN F. SCHULTZ DONAI 0 R. MEYERS GAYLORD M. COUCHMAN Councilmen ATTEST, Leo F. F"mmel! CIty Ciefk P"bli'hed offlcle"y In The Tel"""",- """d New'pe.... !hI, 12th dey of Feb- '""". 1968. Leo F. Flommelf City Clefk If. 2-12 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of the Church of the Resurrection requesting extension of sewer and water facilities to Resurrection school, presented and read. Rev. John E. Graham, pastor of ResUrrection parish, addressed the Council by stating that they are not asking for a free water main, nor would they be shirking any assessment payments. The idea of the water extension would be to assure adequate fire protection. The parish property is approxi- mately 1800 feet long, north and south, fronting on Asbury approxi- Ulately 393 feet. Mrs. Don Russell of 4616 Asbury also made a re- quest for water main extension. Councilman Couchman moved that the petition be referred to the City Manager to arrange a joint conference with the parties con- cerned. Seconded by Mayor Mc- Cauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Petition of Retirement Invest- I ment Corporation requesting ex- tension of sewer and water from city limits to Heritage Manor 10- cated at 4685 Asbury Road, outside of the city limits. Mrs. Stangl,Secretary, addressed the Council in behalf of the Re- tirement Investment Corporation. Councilman Couchman moved that the petition be referred to the City Manager to arrange a joint conference with the parties con- cerned. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen COuchman, Meyers, Pregler, Schultz. Nays-None. Petition of Y.M.C.A. and Y.W. C.A. requesting consideration of a Youth and Government week for the City, presented and read. Mr. James Brady explained the move- ment to the Council and distrib- uted copies of the objectives of the two organizations covering Youth and Government week. Councilman Meyers suggested that the plan be implemented and that the petition be referred to the City Manager for execution. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Dubuque Packing Co. requesting vacation and convey- ance of the unvacated portions of 18th Street from Sycamore Street east to Lynn Street-Lynn Street from 18th Street south to 17th Street-17th Street from Sycamore to Lynn Street - alley running north and south parallel to Syca- more between 17th and 18th Street, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the City Man- ager for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. February 7, 1968 Honorable Mayor and City Council Members Gentlemen: The Planning and Zoning Com- mission has reviewed a request for vacation of the following par- cels of streets and alleys: 48 Adjourned Regular Session, February 7, 1968 A. The unvacated portion of 18th Street from Sycamore Street east- ward to Lynn Street B. The unvacated portion of Lynn Street from 18th Street south to 17th Street C- The unvacated portion of 17th Street from Sycamore Street to Lynn Street D. The alley running north and south parallel to Sycamore Street between 17th and 18th Streets. The Commission has found that there is no foreseeable public need for this right-of-way and that the adjoining property owner is in favor of this proposal. It is the recommendation of the Planning and Zoning Commission that the right-of-way, as requested, be vacated subject to necessary easement for utilities. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Pregler moved that the recommendation of the Com- mission be referred to the City Manager with the Dubuque Pack- ing Company petition. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Berwanger Boiler Shop Inc. requesting a refund of $10.00 on heating permit #16627, issued in duplicate, Carl Hirsch of the Austin Apartments, pre- sented and read. Councilman Preg- ler moved that the petition be granted and the Auditor instruct- ed to issue proper warrant. Second- ed by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Y. M. C. A. request- ing permission to paint house numbers on the face of curbs for identification purposes, presented and read. Mayor McCauley moved that the petition be referred to the City Manager for investigation and report. Seconded by Council- man Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate on College Street near Allison Place, presented and read. Council- man Schultz moved approval of the petition. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in the alley parallel to Locust and crossing W. 9th Street, presented and read. Councilman Schultz moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of American Legion Auxiliary requesting permission to sell poppies on May 17th and 18th, presented and read. Councilman Couchman moved that the petition be referred to the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Donovan F. Ward, M. D., requesting that some action be taken to correct the deplorable condition of Perry Street, pre- sented and read. Mayor McCauley moved that the petition be refer- red to the Engineering Depart- ment. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Easter Seal Society for crippled children and adults of Iowa Inc. requesting permission to distribute cannisters and also sell Easter lillies on April 6, 1968, pre- sented and read. Councilman Preg- I ler moved that the petition be Adjourned Regular Session, February 7, 1968 referred to the Mayor and City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Northwestern Bell Telephone Co., requesting permis- sion to excavate in the alley south of 12th street between Iowa and Central Avenue, presented and read. Councilman Pregler moved that the petition be granted. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of United Spanish War Veterans, General Fitzhugh Auxil- iary, requesting permission to hold a Carnation Drive on Saturday, April 27th, presented and read. Councilman Meyers moved that the petition be referred to the City Manager. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas-Msyor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Little Clond Girl Scout Council Inc., requesting that the Mayor proclaim March 10th through the 16th as Girl Scout Week for the City of Dubuque, presented and read. Mayor Mc- Cauley moved for the Proclamation as requested. Seconded by Council- man Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Harriet Bush request- ing a refund of $250. on the un- expired portion of Liquor license No. C-1549, as she has discontinued business on December 30, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Myrtle Steffen re- questing a refund of $25.00, on the unexpired portion of cigarette license No. 130, as she has dis- continued business on January 15, 1968, presented and read. Council- man Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Donald E. Cne re- questing a refund of $25. on the unexpired portion of cigarette license No. 118, as he has discon- tinued business on February 5, 1968, presented and read. Council- man Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of John J. Duggan Trustee of the Regina Duggan Trust, requesting a division of sewer and water special assess- ments as presently assessed against all of Block 3 Parkland Ridge Sub- division be divided between Lots 1, 2, 3, 4, 5 and A of Block 3 in proportion to their front footage on Kelly Lane, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. November 30, 1967 To the Honorable Mayor and City Council Gentlemen: When the Sanitary Sewer and Water Main Were installed in Kelly Lane in 1967 Block 3 of Parkland Ridge Subdivision was officially described as Lot 1-1-2-1 of Duggan Farm, this Lot was 49 50 Notice" showing date of adoption and levying of special assessments as the final schedule for construc- tion of City of Dubuque 1967 Asbury Road Water Main Project No.1, presented and read. Council- man Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 23-68 WHEREAS, Vincent E. Kluck first joined the Fire Department on February 2, 1922 in the posi- tion of probationer Firefighter, and Adjourned Regular Session, February 7, 1968 assessed for both sewer and water in the amount of $4,841.37. Block 3 of Parkland Ridge Subdivision has now been subdivided into six lots and the attached schedule divides up the overall assessment according to Iowa Code 391.63. The Certificate of Levee should be amended to agree with the attached schedule. Respectfully, John L. White City Engineer Mayor McCauley moved approval of the recommeudation. Seconded by Couucilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. For KELLY LANE WATER MAIN-1967 John Duggan (Trustee), Lot 1, Block 3-Parkland Ridge Sub. ....$ John Duggan (Trustee), Lot 2, Block 3-Parkland Ridge Sub. .... John Duggan (Trustee), Lot 3, Block 3-Parklsnd Ridge Sub. .... John Duggan (Trustee), Lot 4, Block 3-Parkland Ridge Sub. .... John Duggan (Trustee), Lot 5, Block 3-Parkland Ridge Sub. .... John Duggan (Trustee), Lot A, Block 3-Parkland Ridge Sub. .... 200.58 200.58 198.42 204.54 205.24 584.27 $1,593.63 All of which is assessed in proportion to the special benefits conferred. For KELLY LANE SANITARY SEWER-1967 John Duggan (Trustee), Lot 1, Block 3-Parkland Ridge Sub. ....$ 367.90 John Duggan (Trustee), Lot 2, Block 3-Parkland Ridge Sub..... 367.90 John Duggan (Trustee), Lot 3, Block 3-Parkland Ridge Sub..... 363.92 John Duggan (Trustee), Lot 4, Block 3-Parkland Ridge Sub. .... 375.17 John Duggan (Trustee), Lot 5, Block 3-Parkland Ridge Sub..... 376.44 John Duggan (Trustee), Lot A, Block 3-Parkland Ridge Sub. .... 1,071.64 $2,922.97 All of which is assessed in proportion to the special benefits conferred. Statement of City Clerk, certify- WHEREAS, he received a per- ing that notices of final levy were manent appointment to said De- mailed on January 22, 1968, by partment on March 1, 1922, and certified mail to property owners WHEREAS, he was promoted to of record according to the records the rank of Lieutenant on No- of the County Auditor, who would vember 1, 1942, and be obligated to pay for cost of WHEREAS, he had submitted constructing "City of Dubuque his resignation from the uniform 1967 Asbury Road Water Main force on the Fire Department ef- Project No.1", presented and read. fective February 1, 1968, and Councilman Pregler moved that WHEREAS, he had devoted 46 the statement be received and years of unselfish dedicated serv- filed. Seconded by Councilman ice to his city and its people, and Meyers. Carried by the following WHEREAS, as a member of vote: the Dubuque Fire Department, he Yeas-Mayor McCauley, Council- epitomizes the ideals we strive to men Couchman, Meyers, Pregler, achieve, and Schultz. WHEREAS, he always gave free" Nays-None. ly of himself even to the point of Proof of Publication, certified I suffering great bodily injury in to by the Publisher, of "Public the line of duty, and Adjourned Regular Session, February 7, 1968 WHEREAS, he proved himself a leader of men and deserving of our acknowledgment, and NOW, THEREFORE, Be it Re- solved that the City Council of the City of Dubuque, as an ex- pression of thanks on behalf of the citizens of said City, commends and congratulates Vincent E. Kluck, for his loyal and outstand- ing service to the City of Dubuque for 46 years. Passed, adopted and approved this 7th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by I the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of Lot 1 of 2, Block 19, Riverfront Subdivision No.3 to Uuion Printing Company, presented and read. No written objections were filed I and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 24-68 I WHEREAS, pursuant to resolu- tions of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on January 8, 1966 and January 15, 1968, City Council of Dubuque, Iowa, met on the 7th day of Febru- ary, 1968 at 7:30 o'clock P.M. (Cen- tral Standard Time) in the City 51 Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to Lot 1 of 2, Block 19, Riverfront Subdivision No.3 in the City of Dubuque, con- taining approximately .863 acres in the City of Dubuque, Iowa, to Union Printing Company; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, to the above described real estate to Union Printing Company. NOW THEREFORE, Be It Re- solved by the City Council of City of Dubuque, Iowa: Section 1. That disposal of in- terest of City of Dubuque, Iowa, in real estate to Union Printing Company covering the following described real estate, to wit: Lot 1 of 2, Block 19, River- front Subdivision No.3 in the City of Dubuque, Iowa, con- taining approximately .863 acres, for the total purchase price of $7,518.46, be and the same is hereby approved, subject to the following terms and conditions, to wit: A. That said parcel of real es- tate be sold to Union Print- ing Company for the con- struction of a new printing plant; B. That the sale of said real estate shall be for twenty cents (20t) per square foot or a total purchase price of $7,518.46, and receipt of down payment thereon in the amount of $500.00 is herewith acknowledged; C. That construction of said printing plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real estate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the said Union Printing Com- pany; D. That the construction of all building, buildings, 'yards, Adjourned Regular Session, February 7, 1968 parking lots, fences shall be Claim Deed be and the same is constructed in conformance hereby accepted. with existing City codes. Section 2. That the City Clerk Section 2. That the City Clerk be and he is hereby authorized be and he is hereby authorized and directed to cause said Quit and directed to deliver the said Claim Deed dated January 29, deed of conveyance to Union Print- 1968, to be recorded in the office ing Company upon receipt of total of the Dubuque County Recorder purchase price in the amount of together with plat attached here- $7,518.46. to bearing date of December 28, Section 3. That the City Clerk 1967, and executed by Chicago be and he is hereby authorized Great Western Railway Company, and directed to record a certified a Delaware Corporation. copy of this Resolution in the of- Passed, adopted and approved fice of the Dubuque County Re- on this 7th day of February, 1966. corder. Sylvester McCauley Passed, adopted and approved Mayor this 7th day of February, 1968. Walter A. Pregler Sylvester McCauley Merlin F. Schultz Mayor Donald R. Meyers Walt~r A. Pregler Gaylord M. Couchman Merlin F. Schultz, Councilmen Donald R. Meyers Attest: Gaylord M. Cou~hman Leo F. Frommelt Counclhnen City Clerk Councihnan Pregler moved adop- tion of the resolution. Seconded by Councihnan Couchman. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pend- ency of Resolutiou of Necessity for Public Improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the cleaning of the West 32nd Street Detention Basin, presented and read. No written objections we~ filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schultz moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (Necessity for Improvement) RESOLUTION NO. 19-68 WHEREAS, proposed plans, spe- cifications, 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 52 Attest: Leo F. Frommelt City Clerk Councihnan Meyers moved adop- tion of the resolution. Seconded by Councihnan Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 25-68 WHEREAS, the Chicago Great Western Railway Company, a Dela- ware Corporation, has conveyed by means of a Quit Claim Deed dated January 29, 1968, a parcel of real estate in the City of Dubuque, Iowa. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the conveyance by means of Quit Claim Deed by Chicago Great Western Railway Company, a Delaware Corporation, to City of Dubuque, Iowa, of the following described real estate: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of 5th P.M., being in Dubuque Town- ship, Dubuque County, Iowa, now in the City of Dubuque, Iowa, be and the proved and veyance by same is herewith ap- delivery of said con- means of said Quit ~ ¡ Adjourned Regular Session, February 7, 1968 53 showing among other things the following: 1. An estimate of the cost of the proposed improvement. for the West 32nd Street Deten- tion Basin. 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 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- fore by the City Engineer which have been approved by the City Council and are now on file witb the City Clerk. That the cost and expense of making said improve- ment will be paid from the Munici- pal Improvement Sanitation Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 20th day of January, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 7th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of receipt of proposals for the Cleaning of the West 32nd Street Detention Basin, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 7, 1 968 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 a.m., Wednesday, February 7, 1968 for the cleaniag of the West 32nd Street Detention Basin. The lowest bid received was from M. F. Goerdt Construction Co. of Dubuque, Iowa. Their bid was 25.3% over the Engineer's estimate. I recommend that the contract for the improvement be awarded to M. F. Goerdt Construction Co. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (Awarding Contract) RESOLUTION NO. 26-68 WHEREAS, sea led proposals have been submitted by contrac- tors for the cleaning of the West 32nd Street Detention Basin pur- suant to Resolution No. 20-66 and notice to bidders published in a newspaper published in said City on January 25, 1968, and Febru- ary 1, 1968, and WHEREAS, said sealed propos- als were opened and read on Feb- ruary 7, 1968, and it has been de- termined that the bid of M. F. Goerdt Construction Co. of Du- buque, Iowa in the amount of $21,728.10 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 1T RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- 54 Adjourned Regular Session, February 7, 1968 e<l to M. F. Goerdt Co!1struction Co. 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 contract and the approval of the contractor's hand the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman, Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of Boulevard Street Lights in Orchard Hills Subdivision, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 5, 1968 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instruction, sealed bids were received until 10:30 A.M., Monday, February 5, 1968 for the Construction of Boule- vard Street Lights and apourten- ances in Orchard Hills Subdivision in the City of Dubuque. The low- est bid entered was submitted by I 'I'schiggfrie Excavating of Du- buque, Iowa. His bid was 29.1 % under the estimate. I recommend that the contract for the improvement be awarded to Tschiggfrie Excavating of Du- buque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (Awarding Contract) RESOLUTION NO. 27-68 WHEREAS, sea led proposals have been submitted by contrac- tors for the construction of Boule- vard Street Lights and Appurten- ances on Orchard Drive, Cider Ridge, Jonathan Lane and Delicia Drive on Blocks 1, 2, 3, 4 and 5 Orchard Hills Subdivision, City of Dubuque, Iowa pursuant to Reso- lution No. 6-68 and notice to bid- ders publisbed in a newspaper publisbed in said City on January 8, 1968 and January 15, 1968; and WHEREAS, said sealed propos- als were opened and read on Feb- ruary 5th, 1968, and it has been determined that the bid of Tschigg- frie Excavating of Dubuque, Iowa in the amount of $2,689.50 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 Tschiggfrie Excavating 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- tractor's hand the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Adjourned Regular Session, February 7, 1968 Passed and adopted this 7th day I and maintenance of a gatewell by of February, 1968. Interstate Power Company to City Sylvester McCauley I of Dubuque, Iowa, each and all Mayor I' bearing the date of January 23, Walter A. Pregler 1968, be and the same is hereby Merlin F. Schultz accepted by the City of Dubuque, Donald R. Meyers Iowa. Gaylord M. Couchman Section 3. That the City Clerk Councilmen be and he is hereby ordered to execute the Certificate of Clerk affixed to each respective granting instrument and cause said respec- tive grants to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of February, 1966. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adop- tion of the resolution. Seconded by Councilman Meyer. Carried by the fOllowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 28-68 WHEREAS, Interstate Power Company and City of Dubuque, Iowa, have entered into a written agreement dated January 23, 1968, pursuant to which and in accord- ance with Interstate Power Com- pany has executed and delivered to City of Dubuque, Iowa, six separate flood control easement deeds, one Irrevocable Permit for construction and maintenance of a gatewell and one Irrevocable Per- , mit to remove crane cell and foundation, all incident to the con- struction, operation and mainten- ance of the proposed flood protec- tion levee system and necessary appurtenances along the Mississip- pi River in Dubuque. Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCTL OF THE CITY OF DUBUQUE, IOWA: Section I. That the written agree- ment made and entered into by and between Interstate Power Com- pany and City of Dubuque, Iowa, dated the 23rd day of January 1968 covering the terms of agreement between the parties thereto as per- tains to the proposed flood pro- tection levee system and necessary apPurtenances along the Mi'8issip- pi River in Dubuque, Iowa. be and I the same is hereby ratified and confirmed. Section 2. '!'hat delivery of Grant of Perpetual and Temporary ease- ments and a grant of Irrevocable Permit to remove crane cell and foundation and the grant of Irre- vocable Permit for construction Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 29-68 Resolution Accepting Delivery of Corrected Grant of Eastment for Flood Protection Works. WHEREAS, Flynn ReadY-Mix Concrete, as Lessee, of Dubuque, Iowa has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Certain tracts of land in Lot 9 of this Subdivision of Block 4 in River Front Subdivision No. 2 in the City of Dubuque, Iowa. according to the record- ed Plat thereof, as Outlined in red and cross-hatched on the attached plat, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Dubu- que Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 55 Adjourned Regular Session, February 7, 1968 Section 1. Delivery of corrected Company dated the 1st day of grant of perpetual easement to February, 1968, be and the same is City of Dubuque, Iowa by Flynn hereby accepted by the City of Ready-Mix Concrete dated the 1st Dubuque, Iowa. day of February, 1968, be and the Section 2. That the City Clerk same IS hereby accepted by the be and he is hereby ordered to CIty of Dubuque, Iowa. execute the certificate of Clerk Section 2. That the City Clerk be affixed to such granting instru- and he is hereby ordered to exe- ment and cause said grant of per- cute the certificate of Clerk af- petual easement to be recorded in fixed to such granting instrument the office of the Recorder in and and cause said grant of perpetual for Dubuque County, Iowa, togeth- easement to be recorded in the er with this Resolution. office of the Recorder in and for Passed adopted and approved ~~~u~~fs ~~~~It,;Úo~~wa, together this 7th' day of February, 1968. Sylvester McCauley Passed, adopted and approved Mayor this 7th day of February, 1968. Walter A. Pregler Sylvester McCauley Merlin F. Schultz Mayor Donald R. Meyers Walter A. Pregler Gaylord M. Couchman Merlin F. Schultz Attest: Donald R. Meyer Leo F. Frommelt, Gaylord M. Couchman City Clerk Councilmen Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 31-68 Resolution Accepting Delivery of Temporary Grant of Easement for Flood Protection Works. WHEREAS, The Board of Educa- tion, East Dubuque, Jo Davtess County, Illinois, has executed and delivered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: Out Lot 15 of Section 20, Town- ship 29 North, Range 2 West of the 4th P.M. in Jo Daviess County, State of illinois in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of temporary easement to City of Du- buque, Iowa by The Board of Edu. cation, East Dubuque, Jo Daviess County, lllinois dated the 31st day of January, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. 56 Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 30-68 Resolution Accepting Delivery of Grant of Irrevocable Permit for Flood Protection Works. WHEREAS, The Aspermont Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of irrevocable permit in, on, over, and across the following described real estate, to wit: Lots 1 through 24 inclusive in Block 5 of Dubuque Harbor Improvement Co.'s Addition in the City of Dubuque, Iowa in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of irrevocable permit to City of Du. buque, Iowa by The Aspermont Adjourned Regular Session, February 7, 1968 Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Cierk af- fixed to such granting instrument and cause said grant of temporary easement to be recorded in the office of the Recorder in and for Jo Daviess County, lllinois, togeth- er with this Resolution. Passed, adopted and approved this 7th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 32-68 R",,'ution Accepting Delivery of Grant of Corrected Temporary Easement for Flood Protection Works. WHEREAS, Dubuque Stone Prod- ucts Company has executed and 'delivered to City of Dubuque, Iowa, a grant of corrected tempor- ary easement in, on, over, and across the following described real estate, to wit: A portion of Lot 2-1-2 of Min- eral Lot 305A, Ferry Landing and vacated Main Street in the City of Dubuque, Iowa, accord- ing to the recorded plat there- of, which portion is outlined in red on the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Delivery of grant of corrected temporary easement to City of Dubuque, Iowa by Dubuque ,Stone Products Company dated the 2nd day of February, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of corrected temporary easement to be record- ed in the office of the Recorder in and for Dubuque Couny, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyer Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 33-68 Authorizing the Execution and Delivery of a Certain Proiect Temporary Loan Note in Con. nectlon with Project No. Iowa R.IS. WHEREAS, the City of Dubuque (herein sometimes called the "Lo- cal Public Agency") has filed or is about to file a requisition, to- gether with the necessary sup- porting documents, with the United States of America ("here- in called the "Government") re- questing a payment on account of the Project Temporary Loan pro- vided for in the Loan and Grant Contract and numbered Contract No. Iowa R-15 (LG), (which, togeth- er with all SUpplements, amend- ments, and waivers, is herein called the "Loan and Grant Con- tract") hy and between the Local Public Agency and the Govern- ment, said Loan and Grant Con- tract being in connection with a certain project of the Local Pub- lic Agency designated therein; and WHEREAS, the Local Public Agency has determined to issue its Project Temporary Loan Note as security for such payment; now therefore, BE IT RESOLVED by the Coun- 57 Passed, adopted and approved this 7th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen 58 Adjourned Regular Session, February 7, 1968 cil of the City of Dubuque: SECTION 1. That pursuant to the provisions of a Resolution en- titled: Authorizing the issuance of cer- tain Project Temporary Loan Notes in connection with Urban Renewal Project No. Iowa R-15 and providing for the security for the payment thereof, and for other purposes duly adopted by the Local Public Agency on the 14th day of August, 1967, the Mayor and the City Clerk of the Local Public Agency are hereby authorized and directed to prepare and execute a note, au- thorized by said Resolution, in the principal amount of Two Million Dollars ($2,000,000), or, if the Gov- ernment shall only approve said requisition for a lesser amount, in the lesser amount so approved by the Government. Such note shall bear interest from the date of the acceptance of the Local Public Agency's delivery thereof and the payment therpfor by the Govern- ment; shall be dated the 9th day of February, 1968; shall be desig- nated Project Temporary Loan Note No.2; shall bear a statement at the foot thereof in substantially the following form: "Delivery of this Note was ac- cepted and payment therefor made on the .......... day of .........., 19..... UNITED STATES OF AMERICA SECRETARY OF HOUSING & URBAN DEVELOPMENT By and shall note be valid until said statement is duly executed on be- half of the Government. The City Manager is hereby authorized and directed to deliver such note and to accept payment therefor from the Government, and the aforesaid officers are hereby authorized and directed to do all acts and things necessary for the execution, sale, and delivery of such note. SECTION 2. That the proceeds of such note shall be deposited and disbursed only in accordance with the provisions of the Loan and Grant Contract, unless otherwise approved by the Government. Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption of the resolution. Secouded by Couucilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Council- men Counchman, Meyers, Pregler. Nays-Councilman Schultz. RESOLUTION NO. 34-68 Authorizing the purchase of Cer. taln Real Estate In the Down. town Urban Renewal Project, Iowa R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, there has been pre- pared on behalf of the City of Dubuque indepeudent appraisals of certain parcels of real estate to be acquired for the project; and WHEREAS, the appraisals have reviewed, recommended prices es- tablished, and the appraisals re- ports and certain supporting docu- mentation submitted to the De- partment of Housing and Urban Development for their review; and WHEREAS, the City of Dubuque has received from the Depart- ment of Housing and Urban De- velopment concurred-in acquisition prices for certain parcels of real estate in the Project Area; now therefore, BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: SECTION 1. That the City Man- ager be and he is hereby author- ized and directed to execute Agree- ments of Purchase and to do any and all things necessary and requi- site including the affixing of the City Seal to certain instruments to purchase the following described parcels of real estate in accord- ance with the Downtown Urban Renewal Plan at their concurred- , 1 I Adjourned Regular Session, February 7, 1968 59 in acquisition prices, at a total cost not to exceed $2,268,324. Parcel No. Legal Description 1-2 City Lot 209 1-3 City Lots 210 and 211 1-5 West One-Half of City Lot 254 2-4 North One-Third of City Lot 31 3-5 City Lot 146 and South 11'2" City Lot 147 4-5 West 40' City Lot 218 4-6 Easterly 20' of West 60' of City Lot 218 4-7 East 40' of City Lot 218 5-10 City Lot 176A 5-11 South One-Half of City Lot 175 5-12 South 25' of City Lot 174 and North One-Half of City Lot 175 5-13 North 47'h' of City Lot 174 7-1 City Lot 248 7-2 North 38'6" of City Lot 219 7-4 City Lot 221 and Lot 2 of City Lot 222 7-5 City Lot 223 and Lot 1 of City Lot 222 8-13 South 36'6" of City Lot 178 10-2 City Lot 224 and North 21'3" of City Lot 225 I 10-3,4 City Lots 226, 227, 228 and South 30'4" of City Lot 225 10-5 Soutb 25'6" of City Lot 239 10-8 North 29'7" of City Lot 240 11-1 City Lot 181 Except the Southerly 21.53' 11-2 Nortb 37'11" of City Lot 20 11-3 South 26'6" of City Lot 20 and North 13' of City Lot 19 11-5 South 11'6" of City Lot 19 and North 10'6" of City Lot 18 11-6 South 54' of City Lot 18 11-7 North 43'6" of City Lot 17 11-8 South 21' of City Lot 17 11-10 South 21.53' of City Lot 181; all City Lots 182, 182A, 183; North 19' of City Lot 184; and South 45'6" East 37' of City Lot 184 12-2 East 20' of North One-Half of City Lot 100 12-4 North One-Half of City Lot 99 12-5 South One-Half of City Lot 99 12-7 South One-Half of City Lot 98 12-9 South Two-Thirds of City Lot 64 12-10 North One-Third of City Lot I 84 12-13 North One-Third of City Lot 63 12-14 South 33.5' of City Lot 62 12-15 Soutb 20' of North 31' of City Lot 62 12-16 South 12'9" of City Lot 61 and North 11' of City Lot 62 13-1 City Lot 238 13-2 City Lots 229, 230, 231 and North 26'7" of City Lot 232 13-3 City Lot 233 and South 25' of City Lot 232 13-5 North Oue-Half of City Lot 235, all City Lot 236 and South One-Half of City Lot 237 13-6 North One-Half of City Lot 237 14-2 West 70' of City Lot 185 14-4 North One-Third of City Lot 15 14-5 Middle One-Third of City Lot 15 14-7 City Lot 14 14-9 City Lot 188 14-10 City Lot 187 15-2 City Lot 96 and North 13' of City Lot 95 15-3 South 51'6" of City Lot 95 15-6 North 11' of City Lot 68 and South Two-Thirds of Subdivision 1 of City Lot 67 15-11 South 20'6" of City Lot 65A All located in the City of Du- buque, Dubuque County, State of Iowa. Passed, and adopted, and ap- proved this 7th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Counchman, Meyers, Preg- ler. Nays-Councilman Schultz. RESOLUTION NO. 35-68 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- 60 Adjourned Regular Session, February 7, 1968 ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Clark Super 100 Service Station, 1005 Dodge Street Frank Foulk, 2600 Jackson Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 5th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 36-68 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 is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Clarence J. Hagge, Jr., 1415 Rhom- berg Avenue Colleen Nagelmaker, 3203 Jackson Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Jay E. Williams, 1027 Rhomberg Avenue Frank Willard Foulk, 2600 Jack- son Street Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Company, 2685 Dodge Street John J. Heiderscheit, 1278 Central Avenue Passed, adopted and approved this 5th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolutuion. Sec- onded by Councilman Schultz. Car- ried hy the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 37-<18 WHEREAS, 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 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" BEER PERMIT Clarence H. Hagge, Jr., 1415 Rhom- berg Avenue Colleen Nagelmaker, 3203 Jackson Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Jay E. Williams, 1027 Rhomberg Avenue Frank Willard Foulk, 2600 Jack- son Street Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Company, 2685 Dodge Street John J. Heiderscheit, 1278 Central Avenue BE, IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Adjourned Regular Session, February 7, 1968 Passed, adopted and approved this 5th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 38-68 WHEREAS, applications for Liq- uor 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 grant- ed and licenses issued upon the compliance with the terms of the IOWA LiQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Jay E. Williams, 1027 Rhomberg Avenue John R. Hirsch, 206 West 3rd Street Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved this 5th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 39-68 WHEREAS, applications for Liq- uor 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 State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Jay E. Williams, 1027 Rhomberg Avenue John R. Hirsch, 206 West 3rd Street Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved this 5th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Pregler moved that the Council instruct the City Man- ager to communicate with the CountY-City Authority and Board of Supervisors for a joint meeting of all three entities. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. There being no further business Mayor McCauley moved to adjourn. -- - 61 .~øj" 62 Adjourned Regular Session, February 7, 1968 Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1968 Adopted ........................................1968 """""""""""""""""""""""""""""" ....................................................,....... """""""""""""""""""""""""""""" """""""""""'.......................,............. """""""""""""""""""""""""""""" Councilmen .......................... Attest: """"'ë¡ï~"ëi~~k Special Session February 8, 1968 CITY COUNCIL OFFICIAL Special Session February 8, 1968. Council met et 7:00 P.M. (C.S.T.) Present-Mayor McCauley, Coun. cllman Couch"",n, Mayers, Preg. lor, City Manager Gilbert D. Chav. enella. Absent-Councilman Schultz at Roll Call. Mayor McCauley read the call and stated that service thereof had been duly made and this meet- iag is called for the purpose of DISCUSSING PROBLEMS OF UR- BAN RENEWAL and acting upon such other business as may prop- erly come before a regular meet- I ing of the City Council. Mayor McCauley quoted from Section 3 of Senate File 536, signed in t 0 law by r¡overnor Hughes on June 26, 1967, wherein any public agency may hold a closed session by affirmative vote of two-thirds of its members pres- ent, when necessary to preveut irreparable and needless injury to the reputation of an individual whose employment or discharge is under consideration, or to prevent premature disclosure of informa- tion on real estate proposed to be purchased, or for some other exceptional reason so compelling as to override the general public, policy in favor of public meetings. I With the above in mind Mayor McCauley moved that the Council go into executive session, which was at 7:10 P.M. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCanley, Council- men Couchman, Meyers, Pregler. Absent-Councilman Schultz. Councilman Schultz entered the meeting chamber at 7:40 P.M. The executive session conclnded at 10:12 P.M. at which time Coun- cilman Pregler moved to resume the regular session. Seconded by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz- Nays-None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Leo F. Frommelt City Clerk Approved ..............................1968. Adopted ..................................1968. """"""""""""""""""""""'ëöüñëiiïiïëiï""""" Attest: .................................................. City Clerk 63 'l'iILu,yJJ ". ,I 64 Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Special Session February 26, 1968 CITY COUNCIL OFFICIAL Special Sassion, February 26, 1968. Council met at 7:30 P.M. (C.S.T.) Present-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. City Manager Gilbert D. Chavenelle. MAYOR McCAULEY READ THE CALL AND STATED THAT SERV- ICE THEREOF HAD BEEN DULY MADE AND THIS MEETING IS CALLED FOR THE PURPOSE OF ADOPTING RESOLUTIONS AC- CEPTING DELIVERY OF GRANTS OF EASEMENTS AND PERMITS, AND RATIFYING AGREEMENTS IN CONNECTION WITH THE FLOOD CONTROL PROJECT AND ALSO ACTING UPON SUCH OTH- ER BUSINESS AS MAY PROPER- LY COME BEFORE A REGULAR MEETING OF THE CITY COUN- CIL. Communication of U.S. Confer- ence of Mayors submitting infor- mation covering the Annual Con- ference of Mayors to be held in Chicago, June 12th to 15th, 1966, presented and read. Mayor Mc- Cauley moved that the communi- cation be referred to the Council. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 13, 1968 To the Honorable Mayor and City Council Gentlemen: Enclosed are copies of a spe- cification for a fire engine which I think you will enjoy reviewing. At the next Council meeting I will present the specification and ask your endorsement of sending out bids for the fire engine. The estimated cost of this equipment has been included in the 1968 budget. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by February 14, 1968 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted examina- tions on January 31, 1968 for per- sons seeking positions as Police- men. The following named applicant has passed both the written and physical examinations and his name is hereby certified for ap- pointment to the POLICE depart- ment. Thomas J. Beurskens 90% Respectfully submitted Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission I I Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 14th day of February 1968. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Printed Council proceedings for the month of December 1967 pre- sented for approval. Councilman Pregler moved that the proceed- ings be approved as printed. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Communication of United Fund of Dubuque, Community Services Planning Committee, requesting matching funds and providing leadership if necessary for the aging citizens, presented and read. Special Session February 26, 1968 Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowiag vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mayor McCauley moved that the rules be suspended in order to give anyone present an oppor- tunity to address the Council if they so desire. Seconded by Coun- cilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Jim Platt of D.A.E.O.A. presented a three year budget as proposed from April 1, 1968 thru April 1, 1971, under the title of "Dubuque County Project Con- cern". The main conCern of the Dubuque County Community Ac- tion Agency is that all disadvan- taged citizens be given an oppor- tnnity to upgrade their overall conditions regardless of age, color, creed etc. The proposed project would be a supplement to the county-wide O.E.O. CAP funded outreach multi-purpose neighbor- hood center project. The main source of financial support for the proposed budget of Dubuque Coun- ty Project Concern would come from the State Commission on aging and jointly funded with local support in terms of county- wide volunteer aides recreation, health, and nutritional profession- als as consultants and six rural centers donated by churches or schools. The cash request from the City over a three period would be $1500 the first year;-$30OO. for the second year;-$5,OOO for the third year. Mr. Richard Lud- wig addressed the Council and wondered how far we would be going into this program. Mr. Don Weaver of the United Fund stated I that they would be willing to work along with the City and County. Councilman Pregler moved that decision on the proposed appro- priation be deferred to next Mon- day night's meeting, scheduled for March 4, 1968. Seconded by Coun- cilman Couchman. Carried by the followiag vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of Suit of James Patrick Bradley, in the amount of $25,- 688.00 for personal injuries re- ceived as the result of an accident involving a collision with a city- owned truck at Loras and Booth on November 27, 1967, presented and read. Mayor McCauley moved that the notice of suit be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Meyers. Carried by the followiag vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of Suit of Ruth J. Lam. bert, in the amount of $75,000 for personal injuries received in a fall on an icy driveway and sidewalk area at 1850 Ellis Street on Feb- ruary 12, 1967, presented and read. Mayor McCauley moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the followiag vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of claim of Dr. A. J. Eisbach D.C. of 1298 Locust St., in the amount of $75.11 for car damage received as the result of striking a sign post at the corner of 9th & Main Street, which al. ledgedly is too close to the curb, on February 22, 1968, presented and read. Mayor McCauley moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 10-68 AN Ordinance amending Ordl. nance No. 37-64, cOmmonly known as "The Fire Prevention Code for the City of Dubuque, Iowa" by repealing Section 1 thereof and enacting a new sec> lion 1 in lieu thareof to provide that the City Council adoPt the Fire Prevention Code recom- mended by the National Board 65 66 Special Session February 26, 1968 Special Session February 26, 1968 (ff of Underwriters being partie. I ularly the 1965 Addition thereof, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sep- arate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 11-68 An Ordinance Amending Ordl. nance No. 7-65 known as "Dog Ordinance of the City of Du- buque, Iowa" by Repealing Sub- section f of Section 7 thereof and enacting a now Subsection f of Section 7 In lieu thereof to provide for the vaccination of dogs every two years. presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor McCauley. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. AN Councilman Meyers moved final adoption of the Ordinance. Second- ed by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Mrs. Willard J. Dris- coll requesting a refund of $50. on the unexpired portion of class "B" beer license No. 92, as she has discontinued business on Feb- ruary 2, 1968, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the follow- ing vote: ' Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Mrs. Willard J. Dris- coll requesting a refund of $25. on the unexpired portion of ciga- rette license No. 144, as she has discontinued business on February 2, 1968, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded hy Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. I Nays-None. RESOLUTION NO. 40-68 Resolution accepting delivery of grant of temporary easement for flood protaction works. WHEREAS, Fischer Investment Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A tract of land located east of Lots 1, 2, 3, 4, and 5 of Block 24 in Dubuque Harbor Improve- ment Co.'s Addition, City of Du- buque, Iowa, as outlined in orange on the plat attached bereto, marked Exhibit "A" and by this refereuce made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. Delivery of grant of temporary easement to City of Dubuque, Iowa by Fischer Invest- ment Company dated the 31 day of January, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. SECTION 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of tem- porary easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, to- gether with this Resolution. Passed, adopted snd approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen NO. ,..., Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 41-68 Resolution accepting delivery of grant of irrevocable permit ease- ment for flood protection works. WHEREAS, Fischer Investment Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of irrevocable permit ease- ment in, on, over, and across tbe following described real estate, to wit: A tract of land located east of Vacated Fifth Street, City of Dubuque, Iowa, as delineated by broken lines and colored red on the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Attest: Le, F. F"mmelt City Cle'" P,b'I,"" 'ffklallY In the Tel..,e.h- H",'d New,po"", thi, "t day of Marc' 1968. L" F. F',mmelt City Cle"'. 11.3-1 Councilman Couchman moved final adoption of the Ordinance. 11.3-1 68 Special Session February 26, 1968 SECTION I. Delivery of grant SECTION 1. Delivery of grant of of irrevocable permit easement to irrevocable permit easement to City of Dubuque, Iowa by Fischer City of Dubuque, Iowa by Fischer Investment Company dated the Investment Company dated the 31st 31st day of January, 1968, be and day of January, 1968, be and the the same is hereby accepted by same is hereby accepted by the the City of Dubuque, Iowa. City of Dubuque, Iowa. SECTION 2. That the City Clerk SECTION 2. That the City Clerk be and he is hereby ordered to be and he is hereby ordered to execute the certificate of Clerk af- execute the certificate of Clerk af- fixed to such granting instrument fixed to such granting instrument and cause said grant of irrevocable and cause said grant of irrevocable permit easement to be recorded in permit easement to be recorded in the office of the Recorder in and the office of the Recorder in and for Dubuque County, Iowa, togeth- for Dubuque County, Iowa, togeth- er with this Resolution. er with this Resolution. Passed, adopted and approved Passed, adopted and approved thIs 26th day of February, 1968. this 26th day of February, 1968. Sylvester McCauley Sylvester McCauley Walter f.ah~gler Mayor Merlin F. Schultz Walt~r A. Pregler Donald R. Meyers Merlm F. Schultz Gaylord M. Couchman Donald R. Meyers Councilmen Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 42-68 Resolution accepting delivery of grant of irrevocable permit easement for flood protection works. WHEREAS, Fischer Investment Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of irrevocable permit ease- ment in, on, over, and across the following described real estate, to wit: A tract of land east of Lot 1, Block 0 in Booth's Addition and a portion of vacated Fifth Street, City of Dubuque, Iowa, as deline- ated by broken lines and colored purple on the plat attached here- to, marked Exhibit "A" and by this reference made a part here- of, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; RESOLUTION NO. 43-68 Resolution accepting delivery of grent of easement for flood pro- tection works. WHEREAS, Fischer Investment Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following de- scribed real estate, to wit: A tract of land located east of Block 24 in Dubuque Harbor Improvement Co.'s Add i t ion, Sixth Street, and Block "0", va- cated Fifth Street, Block "N", Vacated Fourth Street, and Lots 11, 10, 9, 8, North 19'9" of 7, South 3'6" of 7, 6 and North 3'3" of 5 in Block "M" in Booth's Addition as outlined in yellow on the plat (two sheets) attached hereto, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Dubuque Flood Control Plan. Special Session February 26, 1968 NOW THEREFORE BE IT RE- OF THE CITY OF DUBUQUE, SOLVED BY THE CITY COUNCIL IOWA: OF THE CITY OF DUBUQUE, SECTION 1. That the agreement IOWA: entered into by and between the SECTION I. Delivery of grant City of Dubuque, Iowa and Fischer of perpetual easement to City of Investment Company bearing date Dubuque, Iowa by Fischer Invest- of January 31, 1968, covering the ment Company, dated the 31st day terms of agreement by and be- of January, 1968, be and the same tween the City of Dubuque and is hereby accepted by the City of Fischer Investment Company con- Dubuque, Iowa. cerning acquisition of certain Section 2. That the City Clerk permanent easem~nts and tempo- be and he is hereby ordered to ra.ry easements,. licenses and p~r- execute the certificate of Clerk af- mIts and provIdIng for certaIn fixed to such granting instrument o~ligations to be pe':Í°rmed by the and cause said grant of perpetual City of Dubuque In accordaJ?ce easement to be recorded in the wIth saId agreement, all of which office of the Recorder in and for terms and provisions of said agree- Dubuque County, Iowa, together men! have. been negotiated in con- with this Resolution nectlOn WIth the Dubuque Flood Passed, adopted ~nd approved Control Project be and the same this 26th da of Feb ary 1968 are. hereby approved and .the exe- ~ let ~ C' I . cuhon thereof by the CIty Man- Y v s er c au ey ager be and the same are hereby Walter f.ah~gler ratified and. confirmed and in all M ]' F Sob ltz respects saId agreement be and D~r :fd R. M u the same is hereby ratified and n . eyers confirmed. Gaylord ~~U~~~l"m~an SECTION 2. That the City Clerk be and he is hereby directed to forward a certified copy of this Resolution to Fischer Investment Company and that the said City Clerk be and he is hereby au. thorized and directed to record said agreement in the office of the Recorder in and for Dubuque County, Iowa, together with certi- fied copy of this Resolution. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 44-68 WHEREAS, on the 31st day of January, 1968, the City of Dubuque and Fischer Investment Company entered into a written agreement, which among other things, pro- vided for the acquisition of cer- tain permanent easements and temporary easements and licenses and permits all in connection with the Dubuque Flood Control Proj. ect; and WHEREAS, the City Manager has executed said agreement for and on behalf of the City of Du- buque, Iowa, a copy of which agreement is hereto attached, marked Exhibit "A", and by refer- enCe made a part hereof and that I same should be ratified and ap- proved by the City Council. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL 69 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. AGREEMENT THIS AGREEMENT made and entered into this 31st day of Janu- ary, 1968, by and between FISCH. 70 Special Session February 26, 1968 1m INVESTMENT COMPANY, an Iowa corporation, Party of the First Par t hereinafter called "Fischer", and CITY OF DU- BUQUE, IOWA, an Iowa municipal corporation, Party of the Second Part, hereinafter c a II e d the "City"; WITNESSETH: WHEREAS, Fischer has this day executed and delivered to the City the following: Flood Control Easement Deed (Yellow) Flood Control Easement Deed (Orange) Irrevocable Permit (Purple) Irrevocable Permit (Red) all incident to the construction, maintenance, repair, operation, pa- trol and replacement of a proposed flood protection levee system and/or a flood protection wall along the Mississippi River in Du- buque, Iowa, copies of which ease- ment deeds and irrevocable per- mits are attached hereto; and WHEREAS, the execution and delivery of said Easement Deeds and Irrevocable Permits are in con. sideration of and upon certain ex- pre s s undertakings, agreements and conditions upon the part of the City which the parties desire to reduce to writing; NOW, THEREFORE, it is agreed by and between Fischer and the City as follows: 1. Coustruction of the flood protection levee and I Wall and all gatewells, gates, sewer lines and auxiliary services, and all ap- partenances thereto will be in strict accordance with and pursu- ant to drawings of Corps of Engi- neers, U. S. Army, which shall provide for the following: a. The center of the top of the concrete I Wall to be constructed shaH be located a distance of 120 feet east of the most easterly point to the existing Fischer Cold Stor- age Company building wall or plat- form. b. The concrete I Wan shall run generaHy parallel to the easterly property line of Block 24 Dubuque Harbor Improvement Co.'s Addi- tion and Blocks 0, M, and N in Booth's Addition City of Dubuque, Iowa, and shaH extend from the most southerly point to the most northerly point of the property of Fischer as described and referred to in Flood Control Easement Deed (Yellow) and the plat at- tached thereto, to all of which this Agreement is attached. c. The concrete I Wall shall be superimposed on a low sand levee, the highest elevation of which sand levee shall be at 609.9. The westerly slope of such sand em. bankment shaH be on a slope of six (6) feet to one (1) foot and the easterly slope shall be on a three (3) feet to one (1) foot basis. Both east and west slopes shall be suitably riprapped or graveled. d. In the concrete I Wall there shall be instaHed a twelve (12) foot clear opening gate, the center line of which shall be approximate- ly three hundred (300) feet north of the south boundary of tile Fischer property. e. In the concrete I Wall there shall be installed a sixteen (16) foot clear opening gate, the ap- proxtmate center line of which shaH be on a line opposite an ex- tension of the center line of Sixth Street, City of Dubuque, Iowa. f. The surface of the ground be- tween the concrete I Wall and the westerly boundary of the easement area will be so graded as to allow surface water to naturaHy drain into a catch basin or basins of adequate capacity to be provided and instaHed by the City and to connect into storm sewer emptying into the Mississippi River. g. The junctions of the concrete I Wall with the flood protection levee at the south and north boundaries of the Fischer proper- ties will be so arranged and de- signed that no part of the Fischer property will be encroached upon for slopes, either on the river side or land side of the I Wall, by such junctions. The City agrees to furnish Fischer a set of the applicable Corps of Engineers drawings show- ing details of construction on the Fischer property. These drawings are for information purposes only and shall not be subject to ap- proval by Fischer provided condi- tions a. through g. above are met. If any of said conditions cannot be met, drawings to provide an alternate plan shall be submitted hy the City to Fischer and written Special Session February 26, 1968 71 approval of Fischer obtained prior I to the letting of the construction I contract. It is understood and ì agreed that the Corps of Engi- , neers, without advance approval of either Fischer or the City, shall have the right to modify said draw- ings or plans after letting of the construction coutract if such changes are necessitated by field or other unforeseen conditions, and provided such changes do not materially affect the conditions and specifications of subpara- graphs a. to g. inclusive, above. 2. Tbe consideration to be paid by the City to Fischer in exchange for said easement and rights grant- ed hereunder in the amount of Sixty-seven Thousand Nine Hun- dred Fifty ($67,950.00) Dollars is allocated by the parties hereto as foHows: Taking of laud for easement ........$47,950.00 Consequential damage for severance ........ 20,000.00 Total ..................$67,950.00 3. City will cause to be instaHed at its expense in the I Wan of the flood protection levee a twelve (12) foot gate, the center of which shall be located approximately three hundred (300) feet north of the southerly boundary of Fischer's property described in the attached Easement Deed. The opening in the wall provided by said gate will be available exclusively to Fischer, its agents, employees and assigns, for access to the Mississippi River except during periods of high Wa- ter. Said gate shaH be maintained, repaired. and if necessary, re- placed by the City. During periods of high water the decision of closing and opening said gate shall vest in the absolute discretion of the Corps of Engi- neers, U. S. Army and/or the City of Dubuque. 4. During periods of high wa- ter the sewer and condensate lines of Fischer across the easement area will be closed. The City will provide, install and operate pump or pumps and lines of adequate capacity to carry the water over or through the I WaHlevee during such periods of high water. 5. The City shaH install or cause to be iustalled a sixteen (16) foot clear opening gate in the concrete wan of the flood protection levee, to be located as above provided. Access to said gate and opening shall be for Fischer, its agents, employees and assigns and shall also be available to and by repre- sentatives of the Corps of Engi- neers, U. S. Army and to and by the City of Dubuque, Iowa, and any commission or agency thereof and any department of said City and to any contractor retained by the City or the Corps of Engineers, U. S. Army to repair, replace or work upon said gate, or flood pro- tection levee or I Wall, provided that at all times while the said gate is open, access thereto by the Corps of Engineers, or the City, or a commission, agency or de- partment thereof or by any such contractor shall not materially in- terfere with the use of said gate by Fischer, its agents, employees or assigns or with the rights re- served elsewhere herein to Fischer in the easement area. During periods of high water, the decision of closing and open- ing said sixteen (16) foot gate shall vest in the absolute discretion of the Corps of Engineers, U. S. Army and/or the City of Dubuque. 6. The City shaH maintain the slopes on the land and river side of concrete I Wall by appropriate riprap or gravel surfacing. 7. At the present time a portion of the easement area is under lease by Fischer, as Lessor, to John McEvoy, Dubuque, Iowa, as Lessee, which lease expired No- vember 30, 1967. (Receipt of a copy of said Lease dated August 1. 1960, and extension thereof dated December 15, 1961, is acknowledged by the City). Fischer covenants and agrees that any extension or renewal of the Lease between Fischer and John McEvoy shall be made ex- pressly subject to the terms and provisions of the attached Ease- ment Deed and the provisions of this Agreement. Upon condition that Fischer and John McEvoy enter into a new lease extending the term beyond November 30. 1967, Fischer hereby agrees to indemnify and hold the City harmless of all loss, liability or expense incident to or resulting from any claims made by John McEvoy against the City by virtue of the City exercising any of its 72 Special Session February 26, 1968 rights under the attached Ease- the balance of its property easterly ment Deed or the provisions of this of such 282 foot line. Agreement. The provisions of this 11. Escept as shown on Right- indemnity shall not apply to any of-Way Drawing No. 12-FC-10 (re- claim the said John McEvoy may vised 1-2-68), construction of the have or claim to have in tort flood protection levee as contem- against the City or others for any plated herein does not require re- damage to the property of John moval of any structures in the McEvoy negligently caused by the easement area above the ground City, its agents, contractors, or level and no removal will be made. assigns, or others. 12. City agrees to fully indemni- 8. Fischer reserves the right to fy and .hold Fischer ha~mless from use the portiou of the easement all claIms,. l?ss! liabili~y and ex- area on both sides of the I Wall penses for InjUrIeS to thIrd pers~ns and to cross over and under said or damages to property of thIrd levee and I Wall with lines, con- persons o~ for dama!1e to any prop- veyors and other facilities, pro- ert~ of Fischer which may occur vided such uses do not unreason- durIng the constructIOn of the pro- ably interfere with the construc- posed fl.ood pr~te~tIOn levee and tion, maintenance, operation, pa- Its auxIh~ry facIlitIes. trol, repair, replacement or integ- 13. This Agreement has been rity of the flood protection levee negotiated and agreed upon be- and subject to such specüications tween the parties after the City and conditions as may be estab- gave notice to Fischer that the lished by the City and Corps of City was required to obtain the Engineers, U. S. Army. aforesaid easements and permits incident to the construction, main- 9. All existing drainage and tenance and operation of the pro- other existing lines of Fischer posed flood protection wall and/or across the easement area will not flood protection levee along the be interfered with by the City or westerly shore of the Mississippi if construction of the flood protec- River and that if the parties could tion levee requires the movement not agree upon the terms and con- or replacement of said lines or any ditions of the easements and per- o~her fa~ilities, temporary. lines mits, the City of Dubuque would wIll be Installed by the CIty to require such easements and per- minimize the amount of interrup- mits by condemnation under emi- tion of service to the cold storage nent domain proceedings. plant loc~ted in the adjac~nt prop- 14. In the event of any conflict e.rty of FIscher. AnJ:' such lUt.errup- between the terms of this Agree- tIon shall ~e for a tIme certa!n and ment and said easement deeds and approved In advance by FIsc~er. irrevocable permits, the provisions ~ :;;da p~'::t~~ti~~ \~~e~~~~;u~~:~~ of this agreement shall prevail. ing lines do not extend to the Mis- . 5. . This Agreeme!'t shall be sissippi River, the City will cause bIndIng upon and Inure to the such lines to be extended so as benefIt of the suc~essors and as- to empty into the said River. SIgnS of the respectIve partIes. IN WITNESS WHEREOF, the 10. The parties hereto agree parties have affixed their signa- that they will forthwith exchange tures by their duly authorized of- quit claim deeds so that the City ficers the day and year first above will convey to Fischer all interest written. in the property lying east of and (Corporate Seal) within two hundred eighty-two FISCHER INVESTMENT (282) feet of the easterly boundary COMPANY of Block 24, Dubuque Harbor Co.'s By Louis H. Pfohl Addition, Sixth Street, Block 0 P. M. Pfohl Booth's Addition, Vacated Fifth By Gilbert Chavenelle Street, Block N. Vacated Fourth City Manager Street Lots 11, 10, 9. 8, 7, 6, and } the N~rth three (3) feet three (3) State of Iowa ss: inches of Lot 5 in Block M, Booth's County of Dubuque Addition, City of Dubuque, Iowa, On this 31 day of January, 1968, and Fischer will convey to the City before me, the undersigned, a Special Session February 26, 1968 Notary Public in and for said County, in said State, personally appeared Louis H. Pfohl and P. M. Pfohl, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instru- ment was signed and sealed on be- half of the said corporation by authority of its Board of Directors: and that the said Louis H. Pfohl and P. M. Pfohl as such officers acknowledged the execution of said instrument to be the volun- tary act and deed of said corpora- tion, by it and by them voluntarily executed. F. J. O'Connor Notary Public In and for Dubuque County, State of Iowa (Seal) State of Iowa }. County of Dubuque ss. Gilbert D. Chavenelle to me known to be the identical person named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that he executed the same as his voluntary act and deed. John L. White Notary Public in and for said County (Seal) RESOLUTION NO. 45-68 Resolution accepting delivery of grant of easement for flood p_lon works. WHEREAS, Malo Sand & Gravel Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land, being a part of the following: Lot 21 in Block "L", Booth's Addition to Du- buqne, Iowa, according to the recorded plat thereof, which tract is outlined in red and cross-hatched on the plat at- tached hereto, marked Eshibit "A" and by this reference made I a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. Delivery of grant of perpetual easement to City of Dubuque, Iowa by Molo Sand & Gravel Company dated the 15th day of February, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. SECTION 2. That the City Clerk be and he is hereby ordered to execute the certüicate of Clerk affixed to such granting instru- ment and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adoPted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers GaYlord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolntion. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 46-68 Resolution accepting delivery of grant of easement for flood Protection works. WHEREAS, Molo Sand & Gravel Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land beign part of tbe following: Beginning at a point on the northerly river bank in the Ice Harbor of the City of Dubuque; thence North 32'9-'43" East a distance of 32 feet to the Southwest corner of Lot 13 in Block "L", Booth's Addition to Dubuque, Iowa; thence South 57' 50'13" E a s t along the southerly line of Lots 13 to 21, both inclusive of Block "L", Booth's Addition to Du- buque, Iowa, a distance of 202.93 feet; thence North 32'9-'43" East 73 74 Special Session February 26, 1968 along the easterly side of Lot 21 RESOLUTION NO. 47-68 of said Block "L", along the WHEREAS, Molo Sand & Gravel easterly end of East Third Street Co., hereinafter called "Molo" and and along the easterly side of the City of Dubuque, Iowa, here- Lots 1 2 3, 4 5, 6 and south- inafter called "City" have been erly 3':6'" of r,,;t 7 of Block "M", negotiating for the acquisition by Booth's Addition, a total dis- the City of certain perpetual ease- tauce of 308 feet; thence south ments in and to real estate oc- 57°30'13" East a distance of 170 cupied by Molo as Lessee from feet to the westerly ri~er bank the City of Dubuque, the acquisi- of the Mississippi River- thence tion of which easements are all southerly and westerlÝ along necessary in connection with. the the river bank to the point of Dubuque Flood Control PrOject; beginning, all in the City of and Dubuque, Iowa, containing ap- WHEREAS, Molo and City have proximately 52,268 square feet reduced the terms of said agree- and extending along the shore ment in writing wbich Molo has line approximately 600 feet, executed on the 15th day of Feb- which tract is outlined in red ruary, 1968, and which agreement and cross-hatched on the plat was executed for and on behalf attached hereto, marked Exhibit of the City of Dubuque, Iowa, by "A" and by this reference made its City Manager, a copy of which a part hereof. agreement marked Exhibit "A" is in connection with City of Du- hereto attached and by reference buque Flood Control Plan. made a part hereof. NOW THEREFORE BE IT RE- NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OF THE CITY OF DUBUQUE, IOWA: IOWA: SECTION I. Delivery of .grant SECTION 1. That the agreement of perpetual easement to CIty of by and between Molo and City of Dubuque, Iowa by Molo Sand & Dubuque dated the 15th day of Gravel Company dated tbe 15th February, 1968, be and the same day of February, 1968, be and the is hereby approved and the ex- same IS hereby accepted by the ecution thereof on behalf of the City of Dubuque, Iowa. City by its City Manager be and SECTION 2. That the City Clerk the same is hereby ratified and be and he is hereby ordered to confirmed and in all respects said execute the certificate of Clerk agreement be and the same is affixed to such granting instru- hereby ratified and confirmed. ment and cause said grant of SECTION 2. That the City Clerk perpetual easement to be record~d be and he is hereby authorized in the office of the Recorder In and directed to forward a cer- and for Dubuq~e Couut~, Iowa, tified copy of this Resolution to together WIth thIs ResolutIon. Molo and to cause a copy of said Passed, adopted and approved agreement together with a cer- thIS 26th day of February, 1968. tified copy of this Resolution to Sylvester McCauley be recorded in the office of the Mai:°r I Recorder in and for Dubuque, ::~i: :. S::;l~r County, Iowa. Donald R Meyers Passed, adopted and approved Gaylord M. Couchman this 26th day of February, 1968. Councilmen Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilman Special Session February 26, 1968 75 by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. AGREEMENT This AGREEMENT made and entered into this 15th day of Feb- ruary, 1968, by and between MOLO SAND & GRAVEL CO., an Iowa corporation with principal place of business in Dubuque, Iowa, Party of the First Part and here- inafter referred to as "Molo", and City of Dubuque, Iowa, an Iowa municipal corporation, Party of the Second Part and hereinafter referred to as the "City"; WITNESSETH: WHEREAS, Molo has this day executed and delivered to the City I the followiag: a. Flood Control Easement Deed (Yellow) 2 and b. Flood Control Easement Deed (Yellow) 2 (a) both incident to the construction, maintenance, repair, operation, pa- trol and replacement of a proposed flood protection levee and/or levee and flood wall, along the westerly shore of tbe Mississippi River in Dubuque, Iowa, copies of which Easement Deeds are attached here- to; and WHEREAS, the execution and delivery of said Easement Deeds are in consideration of and upon c e r t a i n express undertakings, agreements and conditions upon the part of the City which the parties desire to reduce to writ- ing; NOW, THEREFORE, for good and valuable consideration, it is :f:~~t:~:~~ll::;s~een Molo and I (1) Construction of the flood protection levee and/or levee and floodwall, and all gates, gatewalls, auxiliary services aud all appur- tenances thereto across the prop- erty covered by said Easement Deeds will be in substantial con- formity with and pursuant to the drawing of Corps of Engineers, U.S. Army No. D.L.P. - 3 16/4 dated 3 July 1967 and revised 26 December 1967. In no event, ex- cept as provided herein, will any structures, buildings, or other im- provements of Molo on the prop- erty covered by said Easement Deeds be removed or destroyed and if any structures, buildings or other improvements of Molo are, in fact, removed or destroyed, they will be promptly rebuilt and replaced by the City. (2) The frame building in the easement area, known and iden- tified as the "Schreiner Building," will be removed by the City at tis expense prior to April 1, 1968. The City will award tbe contract for such building removal to such contractor as Molo shall select and designate. The personal property of Molo stored in the Schreiner Building will also be removed at the ex- pense of the City and stored in such other building or property as Molo sball designate in the City of Dubuque, Iowa. (3) The easement area, as de- scribed in Easement Deed Yellow, traverses a portion of the prop- erty used by Molo for the storage and piling of its mason sand, torpedo sand and screen gravel. The sand and gravel piles in their present location will be in the path of the proposed I and T Wall to be constructed as part of the flood protection system. To accom- modate such construction, tbe City agrees to give written notice to Molo not less than 30 nor more than 90 days in advance of the commencement of the construc- tion of the I Wall and T Wall in the easement area, and further agrees: 1. To move and temporarily pile the screen gravel in the coal yard area of Molo. Upon completion of the T Wall and I Wall, the City will relocate the screen gravel to the present area of the screen gravel pile. 2. The mason sand piles will be pushed or relocated on the Molo property at the City'S ex- pense so as to not interfere with construction of the T Wall or I Wall. 3. The torpedo or concrete sand in the "reserve" pilings will be moved by the City at its expense to the "active" torpedo sand pilings and tbereby not interfere with construction of the T Wall or I Wall. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded 76 Special Session February 26, 1968 (4) At the present time there is a steel reinforced wooden wall along the northwesterly portion of the easement area. To permit construction of the T Wall, the City shall remove such wooden wall and upon completion of the T Wall the City will replace and reinstall such wooden wall to the same condition and specifications as the present wooden wall, all at the expense of the City. The northeasterly end of such wooden wall shall be butted up to the T Wall. (5) All existing water, power, steam and oil lines of Molo across the easement area will not be interfered with by the City or others in connection with the con- struction of the flood protection levee and/or levee and floodwall or if construction does require movement or replacement or clos- ing of said lines or other facilities, temporary lines will be installed by the City so as to provide a minimum interruption of service to Molo. Upon completion of the levee and/or levee and floodwall, all such lines will be restored and replaced to their original condi- tion. Molo agrees to cooperate with the contractor during construction to provide a minimum interrup- tion of the construction of the flood wall and levee over ease- ment area, but contractor will not interfere with necessary filling of bins or unloading of barges. (6) Molo reserves the right to use the easement area for its op- eration of a sand and gravel plant including, without limiting the generality of the foregoing, the right to store sand and gravel, moor and anchor barges, tugs and other vessels, and to operate crane for loading, unloading and reloca- tion of sand gravel. It is expressly understood that Molo's use of the crane over the easement area is not to be interrupted during the period of construction of the flood protection levee and/or levee and floodwall. (7) City agrees to fully indem- nify and hold Molo harmless from all claims, loss, liability or ex- penses for injuries to third persons or damages to property of third persons or for damage to property of Molo which may occur during the construction of the proposed flood protection levee and/or levee and floodwall and its auxiliary facilities. (8) In the event of any conflict between the terms of this Agree- ment and said Flood Control Ease- ment Deeds, the provisions of this Agreement shall prevail. (9) This Agreement shall be binding upon and inure to the benefit of the successors and as- signs of the respective parties. IN WITNESS WHEREOF, the parties haxe affixed their signa- tures by their duly authorized officers the day and year first above written. MOLO SAND & GRAVEL CO. By Harold E. Molo President Robert E. Molo Secretary CITY OF DUBUQUE, IOWA By Gilbert D. Chavenelle City Manager State of Iowa }. County of Dubuque ss. On this 15 day of February, 1966, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Harold E. Molo and Robert E. Molo, to me personally know, who, being by me duly sworn, did say that they are the President and Secretary, respec- tively, of said corporation execut- ing the within and foregoing in- strument, that the seal affixed thereto is the seal of said cor- poration; that said instrument was signed and sealed on behalf of the said corporation by authority of its Board of Directors; and that the said Hsrold E. Molo and Rob- ert E. Molo as such officers ac- knowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily exe- cuted. John J. Schilling Notary Public In and for Dubuque County, State of Iowa State of Iowa }. County of Dubuque ss. State of Iowa Dubuque County SS RESOLUTION NO. 49-68 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Sinclair Refining Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Said real estate is described as follows: A parcel of land included in the following: Beginning at the northeast cor- ner of Block 16, Dubuque Harbor Company's Addition in the City of Dubuque, Iowa, thence south 82 degrees east a distance of 60 feet, thence uorth 2 degrees 15 minutes east 6.3 feet to the point of be- Special Session February 26, 1968 77 On this 15th day of February A.D. in connection with City of Du- 1968, before me, the undersigned, buque Flood Control Plan. a Notary Public in and for said NOW THEREFORE BE IT RE- County, in said State, personally SOLVED by the City Council of appeared Gilbert D. Chavenelle to the City of Dubuque, Iowa: me known to be the identical per- Section 1. Delivery of grant of son n~med m and who ex~cuted perpetual easement to City of Du- the wIthIn and foregoIng Instru- buque Iowa by Sinclair Refiniag ment, to which this is attached, Comp~ny dated the 16th day of and acknowledged t~at he exe- February, 1968, be and the same cuted the same as hIs voluntary is hereby accepted by the City of act and deed. Dubuque, Iowa. John 1.. Whit~ . Section 2. That the City Clerk Notar~ Public m and be and he is hereby ordered to for saId County execute the certificate of Clerk af- RESOLUTION NO. 48-68 fixed to such granting instrument Resolution accepting delivery of and cause said grant of pe';Petual grant of easement for flood easement to be record.ed m the protection works. offIce of the Recorder m and for WHEREAS, Sinclair Refining ~~~ui~~ ie~~':u~¡O!;owa, together Company has executed and deliv- Passed adopted and approved ered to City of Dubuque, Iowa,. a this 26th' day of February, 1968. grant of perpetual easement .m, Sylvester McCauley on, over, and across the folloWlag Ma r described real estate, to wit: Walter A. ~egler Said real estate is described as Merlin F. Schultz follows: Donald R. Meyers Certain parcels of land included Gaylord M. Couchman in the following: Beginning at Councilmen an iron pin, being a point on Attest: the easterly property line of Leo F. Frommelt Terminal Street in line with the City Clerk ~~~h"l%t::I'(;~ie~d~~gOfa:~~ . Councilman Schultz moved adop- Terminal Street) thence north tion of the resolutIon. Secon~ed 9 degrees, 30 minutes west along by CouncIlm~n Pregler. CarrIed the easterly street line of Ter. by the folloWIng vote: minal Street a distance of 323.05 Yeas - Mayor McCauley, Coun- feet to the point of beginning cilmen Couchman, Meyers, Preg- of the tract of ground to be ler, Schultz. described, thence north 44 de- Nays-None. grees 55 minutes east 72.95 feet, thence north 30 degrees, 56 minutes east 160.4 feet, thence north 23 degrees 30 minutes east 133.68 feet, thence north 0 degrees 30 minutes west 247.96 feet, theuce north 76 degrees 8 minutes west 196.4 feet, thence south 7 degrees 20 minutes west 269.85 feet, thence south 0 de- grees 45 minutes east 213.05 feet, thence south 9 degrees 30 minutes east 115.15 feet to the place of beginning designated "Tract A", all in the City of Dubuque, Dubuque County, Iowa, subject to easements for utilities now in place, which parcel is outlined in red and fully cross hatched on the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. 78 Special Session February 26, 1968 ginning of the property to be de- scribed; thence north 2 degrees 15 minutes east a distance of 25.7 feet, thence south 87 degrees 45 minutes east a distance of 65.8 feet to a point which is 12 feet from the center line of the railroad run- ning track serving the municipal river terminal, thence south 0 de- grees 59 minutes west 199.5 feet to a point which is also 12 feet from the center line of the above mentioned railroad running track, thence south 80 degrees 30 min- utes west a distance of 33.62 feet to a point on the easterly street line of Terminal Street, thence north 9 degrees 30 minutes west aloag the easterly street line of Terminal Street, a distance 184.55 feet to the point of beginning, des- ignated "Tract B," which parcel is outlined in red and fully cross- hatched on the plat attached here- to, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Dubuque, Iowa by Sinclair Refin- ing Company dated the 16th day of February, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 50-68 WHEREAS, on the 26th day of February, 1968, the City of Du- buque, Iowa, and Sinclair Refin- ing Company entered into a writ- ten agreement, which among other things,. provided for the payment of expenses to Sinclair Refining Company for necessary expendi- tures and expenses it would have to undertake as the result of the relocation of its existing dock fa- cilities as the result of the im- provements to be made therein in that area in connection with the Dubuque Flood Control Project, and which agreement also was part of tbe negotiations for the acquisi- tion of certain easement rights in the property occupied by Sinclair Refining Company as Lessee of City of Dubuque, Iowa, and which easement rights were necessary to be acquired for the Dubuque Flood Control Project; and WHEREAS, the City Manager has executed said agreement for and on behalf of the City of Du- buque, Iowa, a copy of which agreement is hereto attached, marked Exhibit "A" and by ref- erence made a part hereof and same should be ratified and ap- proved and confirmed by the City Council. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa; Section 1. That the agreement entered into by and between City of Dubuque, Iowa and Sinclair Re- fining Company bearing date of the 26th day of February, 1968, covering the terms of agreement by and between the City of Du- buque, Iowa and Sinclair Refin- ing Company be and the same is hereby approved and the exe- cution of said agreement for and on behalf of the City of Dubuque, Iowa, by its City Manager, Gilbert D. Chavenelle, be and the same is hereby ratified and confirmed and in all respects said agreement is hereby ratified and confirmed. Special Session February 26, 1968 Section 2. That the City Clerk be and he is hereby directed to forward a certified copy of this Resolution Sinclair Refining Com- pany. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolntion. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. AGREEMENT WHEREAS, the City of DU- BUQUE, IOWA (hereinafter re- ferred to as "City") is undertaking a flood control program, common- ly known as "Dubuque Flood Con- trol Project," and which project will affect the facilities of SIN- CLAIR REFINING COMPANY (hereinafter referred to as "Sin- clair") as are located on the west bank of the Mississippi River; and WHEREAS, certain expendi- tures and expenses will be under- taken as a result of said Flood Control Project by way of the re- moval and relocating, among other things, of the facilities of Sinclair. NOW, THEREFORE, It is mutu- ally agreed by and between the Ciyt and Sinclair as follows: 1. Relative to the cost and ex- penditure hereinafter mentioned, the City will reimburse Sinclair for the following: a. Fees covering all engineer- ing services rendered by con- I suiting engineer in connection with the design and construction of a new dock and related facil- ities to replace the existing dock and related facilities. b. Construction of new dock walkway and pile clusters; in- stallation of electrical service to the new dock, including therein provision for lights for dock and walkway; removal of hoist and pumps on existing dock and in- stallation on new dock; installa- tion of piping from new dock to existing plant piping; and re- moval of existing dock. 2. The City will cause the con- tractor to coordinate all work in connection with the Flood Control Project as relates to Sinclair with the designated representative of Sinclair, particularly to the end that the interruption to the opera- tion of the Sinclair facilities at Du- buque be reduced to a minimum, and the City agrees that in any other agreement or in any other contract with the Corps of Engi- neers of the United States, this provision shall be included therein to the extent possible, and con- tractors, whether they be those of Sinclair, the Corps of Engineers or the City of Dubuque, shall at all times maintain communication one with the other to the end that any interruption of Sinclair's business be reduced to a minimum. 3. The City has committed itself to reimburse Sinclair for the ex- penses and costs of a dock ap- proximately 20' x 30'. In the event Sinclair contracts for the construc- tion of a dock the dimensions of which exceed 20' x 30', the addi- tional cost for the increased por- tion of the dock which exceeds 20' x 30' shall be borne by Sin- clair. IN WITNESS WHEREOF, this instrument has been executed, in quadruplicate, by Mr. R. G. GRIF- FIN, Vice President of SINCLAIR REFINING COMPANY, duly au- thorized, and the City Manager of the CITY OF DUBUQUE, IOWA, Mr. GILBERT D. CHA VENELLE, this 26th day of February, 1968. CITY OF DUBUQUE, IOWA By Gilbert D. Chavenelle City Manager SINCLAIR REFINING CO. By R. G. Griffin Vice President Attest: P. J. O'Neil Assistant Secretary RESOLUTION NO. 51-68 Resolution Accepting Delivery 0' Grant of Temporary Easement For Flood Protection Works. WHEREAS, Perfection Oil Com- pany has executed and delivered to 79 on, over, and across the following described real estate, to wit: A portion of Lot 1 of 3 Boat- yard Addition in the City of Du- buque, Iowa, according to the re- corded plat thereof, which por- tion is outlined in red on the plat attached hereto, marked Ex- hibit "A" and by this reference made a part hereof. in connection with City of Dubu- que Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of special temporary easement to City of Dubuque, Iowa by Perfec- tion Oil Company dated the 13th day of February, 1966, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the Certificate of Clerk af- fixed to such granting instrument and cause said grant of special temporary easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, to- gether with this Resolution. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 80 Special Session February 26, 1968 City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A portion of Lot 1 of Lot 3 in Boatyard Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof which portion is outlined in red on the plat attached hereto, marked Ex- hibit "A" and by this reference made a part hereof. in connection with City of Du- buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of temporary easement to City of Du- buque, Iowa by Perfection Oil Company dated the 13th day of February, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting iustrument and cause said grant of temporary easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 52-68 Resolution Accepting Delivery of Grant of Special Temporary Easement for Flood Protection Works. WHEREAS, Perfection Oil Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of special temporary easement in, Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 53-68 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Perfection Oil Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following de- scribed real estate, to wit: Special Session February 26, 1968 81 Lot 5, Lot 4, and the north one- half of Lot 3, in Town of Eagle Point (also known as McCraney's Eagle Point), and the accretions thereto, in the City of Dubuque, Iowa, according to the recorded Plat thereof, which area is out- lined in red ou the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Du- buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section I. Delivery of grant of perpetual easemeut to City of Du- buque, Iowa by Perfection Oil Company dated the 13th day of February, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting iustrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 54-68 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Perfection Oil Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A portion of Lot 1 of Lot 3 in Boatyard Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof which portion is outlined in red on the plat attached hereto, marked Ex- hibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section I. Delivery of grant of perpetual easement to City of Du. buque, Iowa by Perfection Oil Com- pany dated the 13th day of Feb- ruary, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to ex- ecute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 55-68 Resolution Accepting Delivery of Easement for Flood Protection Works. WHEREAS, Perfection Oil Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A parcel of land, being part of the following: Lot 1 of Lot 3 in the "Subdivision of Lot Nos. 6, ~2 Special Session February 26, 1968 7, 8, 9, 10, 11, 12, 13, 14, 15, 26, 71, 28, 29, 30, 36 and 37, in "McCraney's Eagle Point or Town of Eagle Point," (General- ty described as Lot 1 of Lot 3, in Boatyard Addition, in the City of Dubuque, Iowa) and a strip of land 25 feet in width abutting the easterly side of Lot 1 of Lot 3 and Lot 2 of Lot 3 in Boat- yard Addition in the City of Dubuque, Iowa, which respective parcels are outlined in red on the plat attached hereto, marked Eshibit "A" and by this refer- ence made a part hereof. in connection with City of Du- buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Perfection Oil Company dated the 13th day of Fehruary, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in aud for Du- buque County, Iowa, together with this Resolution. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 56-58 WHEREAS, on the 13th day of Febrnary, 1968, the City of Du- buque, Iowa, and Perfection Oil Company entered into a written agreement, which among other things, provided for the acquisi- tion of certain permanent flood control easements and temporary flood control easements from Per- fection Oil Company, and which easements are being acquired in connection with the Dubuque Flood Control Project; and WHEREAS, the Mayor and City Clerk have executed said agree- ment for and on behalf of the City of Dubuque, Iowa, a copy of which agreement is hereto attached and the same should be ratified and approved by the City Council. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the agreement entered into by and between the City of Dubuque, Iowa and Per- fection Oil Company bearing date of February 13, 1968, covering the terms of agreement by and be- tween the City of Dubuque and Perfection Oil Company concern- ing acquisition of certain perma- nent and temporary easements and providing for certain obligations to be performed by the City of Dubuque in accordance with said agreement and all of which terms and provisions in said agreement have been negotiated in connection with the Dubuque Flood Control Project, be and the same are here- by approved, and the same are hereby ratified and confirmed. Section 2. That the City Clerk be and he is hereby directed to for- ward a certified copy of this Reso- lution to Perfection Oil Company. Passed, adopted and approved on this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Special Session February 26, 1968 AGREEMENT This AGREEMENT made and en- tered into this 13th day of Feb- ruary, 1968, by and between PER- FECTION OIL COMPANY, an Iowa Corporation, having its prin- cipal place of business in Dubuque, Iowa, Party of the First Part, and hereinafter called "Perfection," and CITY OF DUBUQUE, IOWA, an Iowa Municipal Corporation, Party of the Second Part, and hereinafter called the "City"; WITNESSETH: WHEREAS, Perfection has this day executed and delivered to the City the following: Flood Control Easement Deed- Brown 3 Flood Control Easement Deed- Brown 3-A Flood Control Easement Deed- i Blue 39 Temporary Flood Control Ease- ment Deed-Blue 21 Flood Control Easement Deed- Special Temporary Easement -Green all incident to the construction, maintenance, repair, operation, pa- trol and replacement of a proposed flood protection levee system and/ or a flood protection wall along the Mississippi River in Dubuque, Iowa, copies of which easements are attached hereto; and WHEREAS, the execution and delivery of said Easement Deeds are in consideration of and up- on certain express undertakings, agreements and conditions upon the part of the City which the parties desire to reduce to writ- iag; NOW, THEREFORE, It is agreed by and between Perfection and the City as follows: 1. The general location of the easement areas is as shown on Right-of-way Drawing prepared by Corps of Engineers, U. S. Army, Drawing No. 12-FC-l, last revised January 2, 1968; construction of the flood protection levee and all auxiliary services and all appur- tenanœs thereto will be in gen- eral accordance with and pursuant to advance construction drawing of Corps of Engineers, U. S. Army, Drawing No. DLP 1-16/1 received by City of Dubuque under date of February 8, 1968. I 2. The consideration to be paid by the City to Perfection in ex- change for said Easement Deeds and the rights granted hereunder shall be in the sum of $32,000.00, which sum is allocated by the parties hereto as follows: Taking of Land for Easement ..................$29,000.00 Consequential Damage for Severance """"" 3,000.00 - Total ..................$32,000.00 3. Lime Street, as shown on the official records of the City of Dubuque immediately north of Kimball Street is presently a plat- ted street. The City contemplates the vacation of Lime Street, north of Kimball, which vacated Lime Street will be subdivided into Lot 1 and Lot 2. Perfection hereby waives any objection to the pro- posed vacation of Lime Street by the City of Dubuque and consents to the conveyance by the City of Dubuque of Lot 1 of vacated Lime Street to Dubuque Stone Products Company and agrees to accept without objection, the conveyance by the City of Dubuque to Perfec- tion Oil Company of Lot 2 of Va- cated Lime Street. Conveyance by the City to Perfection of Lot 2 of Vacated Lime Street shall be subject to the Railroad Easement and the temporary right-of-way easement for access purposes. A copy of the proposed plat of sub- division of Vacated Lime Street is attached hereto for reference. 4. The City of Dubuque has heretofore vacated the easterly portion of Kimball Street in the City of Dubuque, now known as Lot 5A of McCraney's Eagle Point or Town of Eagle Point. The City agrees to convey by quit claim deed said Lot 5A to Perfection, subject to existing utilities in place, and subject to flood pro- tection levee easements and sub- ject to roadway easement. 5. The City contemplates the vacatiou of Kimball Street lying immediately west of said Lot 5A in McCraney's Eagle Point to a point approximately 25 feet east- erly of the center line of the Chicago, Milwaukee, St. Paul & Pacific Railway right-of-way line. Such vacated portion of Kimball Street is to be known and iden- B3 S4 Special Session February 26, 1968 tified as Lot 16A of McCraney's Eagle Point or Town of Eagle Point. A copy of the proposed plat of vacation of Kimball Street is attached hereto, showing said Lot 16A. City agrees to convey said Lot 16A to Perfection Oil Com- pany subject to existing utilities in place, including catch basis for storm water. 6. The City has previously vacat- ed Main (Front) Street between Kimball and Lincoln Streets and identified said vacated streets ss Lot 1A and Lot 4A, McCraney's Eagle Point. The City covenants and agrees to convey by quit claim deed to Perfection said Lot 4A of McCraney's Eagle Point, sub- ject to existing utilities, if any, in place, and subject to reserved easement with respect thereto, if there be any in place, and subject to flood protection levee ease- ments and subject to roadway easements on easterly 30 feet of said Lot 4A. 7. Attached hereto is copy of plat showing plat of Lot 2 of 17, Lot 2 of 16 and Lot 17A, being that part of the vacated alley be- tween Kimball Street and the South property line of the North 'h of Lot 18, except that portion of said alley lying within the Milwaukee Railroad right-of-way, all in McCraney's Eagle Point or Town of Eagle Point. The City covenants and agrees to vacate the portion of the alley shown in the area outlined in red on the attached plat and to convey such vacated portion of the alley to- gether with Lot 2 of 17 and Lot 2 of 16 to Perfection Oil Company, subject to reserved right to main- tain, replace and install water main, catch basin and storm sewer lines and easement reserved there- for, and subject to existing tele- phone and power lines and sub- ject to temporary easement for access road and subject to tem- porary flood control easement for railroad right-of-way. 8. The City is the owner of Lot 2 of Lot 3 of Boatyard Addition, City of Dubuque, Iowa. The City covenants and agrees to convey to Perfection by Quit Claim Deed said Lot 2 of Lot 3 of Boatyard Addition, subject to floodwall ease- ment and roadway easement as shown on Corps of Engineer, U. S. Army Drawing No. 12-FC-1, last revised January 2, 1968, described as right-of-way map. 9. With respect to said Lot 2 of Lot 3 of Boatyard Addition, to be conveyed by the City to Perfec- tion, the City will cause to be graded such property to a level not less than three feet higher than the existing grade of the property immediately south of said Lot 2 of Lot 3. The grade of the property immediately south of said Lot 2 of Lot 3 at the present time is approximately 606. 10. With respect to the prop- erty now owned by Perfection and which is to be acquired by Perfec- tion pursuant to the terms of this Agreement, and notwithstanding the grant of easements to the City for roadway and levee purposes, Perfection reserves the right to use the easement areas for its purposes, provided that such uses do not unreasonably interfere with the construction, maintenance, op- eration, patrol, repair, replacement or integrity of the flood protec- tion levee and subject to such specifications and conditions as may be established by the City and the Corps of Engineers, U. S. Army prior to such use by Perfection. 11. As shown on Right-of-way Map, Drawing No. 12-FC-1, there is located within the easement area a boxcar on the premises of Perfection. Perfection agrees to move such boxcar outside the easement area prior to June 15, 1968. 12. Located within the easement area for temporary easement for access road and temporary ease- ment for railroad purposes, there is located a frame warehouse building. Prior to June 15, 1968, Perfection agrees to remove the contents of such building at its expense and the City thereupon agrees to cause such building to be removed and cleared from the premises and demolished at the expense of the City. 13. City agrees to full indemnify and hold Perfection harmless from all claims, loss, liability and ex- penses for injuries to third per- sons or damages to property of third persons or for damage to any property of Perfection which may occur during the construction Special Session February 26, 1968 of the proposed flood protection levee and its auxiliary facilities caused by the City, Corps of En- gineers, U. S. Army or any con. tractor working under the City or said Corps of Engineers. 14. This Agreement has been negotiated and agreed upon be- tween the parties after the City gave notice to Perfection that the City was required to obtain the aforesaid easements incident to the construction, maintenance and operation of the proposed flood protection wall and/or flood pro- tection levee along the westerly shore of the Mississippi River and if the parties could not agree upon the terms and conditions of the easements, the City of Dubuque would require such easements by condemnation under eminent do- main proceedings. 15. Perfection shall hold the City harmless from any claim for damages arising out of drainage of surface waters from Perfection property now owned or acquired from the City hereunder, the grade of whicb is or may be changed or affected by Perfection. 16. In the event of any conflict between the terms of this Agree- ment and the said Easements Deeds, the provisions of t his Agreement shall prevail. 17. This Agreement shall be binding upon and inure to the benefit of the successors and as- signs of the respective parties. IN WITNESS WHEREOF the parties have affixed tbeir signa- ture by their duly authorized of- ficers the day and year first above written. PERFECTION OIL COMPANY By Mrs. Rita M. Kretz Ernest J. Kretz CITY OF DUBUQUE, IOWA Sylvester McCauley Mayor Leo F. Frommelt City Clerk State of Iowa }. County of Dubuque ss. On this 13 day of February, 1968, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Mrs. Rita M. Kretz and Ernest J. Kretz to me personally known, who being by me duly 85 sworn, did say that they are the President and Secretary, respec- tively, of said corporation execut- ing the within and foregoing in- strument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said corporatiQn by authority of its Board of Directors; and that the said Mrs. Rita M. Kretz and Ernest J. Kretz as such officers acknowledged the execution of said instrument to be the vol- untary act and deed of said cor- poration, by it and by them vol- untarily executed. F. J. O'Connor Notary Public In and for Dubuque County, State of Iowa State of Iowa }. County of Dubuque ss. On this 13th day of February, 1968. before me, the undersigned, a Notary Public in and for the County of Dubuque, State of Iowa, personally appeared Sylvester Mc- Cauley and Leo F. Frommelt to me personally known, who, being duly sworn, did say that the said Sylvester McCauley is Mayor, and the said Leo F. Frommelt is Clerk of the City of Dubuque, Iowa, and the seal affixed to the above in- strument is tbe corporate seal of the City of Dubuque, Iowa, that said instrument was signed and sealed on behalf of said City of Dubuque, Iowa, by authority of the City Council of said City, and the said Sylvester McCauley and Leo F. Frommelt acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, vol- untarily done and executed. (Romolo N. Russo) Notary Public In and for Dubuque County, State of Iowa RESOLUTION NO. 57-68 WHEREAS, Thomas J. Manter- nach and Cecilia M. Manternach, as owners of certain real estate have granted to City of Dubuque, Iowa, a temporary easement to borrow therefrom soil and dirt for fill purposes in accordance with the conditions set out in Grant of Easement, marked Ex- 1}~)III..ij"> 86 of Dubuque, Iowa, do hereby grant, bargain, sell and convey un- to CITY OF DUBUQUE, IOWA, ~ its assigns, a temporary and assignable easement and right-of- way, license and permit in, on, over and across and to the real estate hereinafter described for the purpose of entering thereon to borrow, excavate and remove soil or dirt for fill purposes there- from, including the right to clear out, fell and remove and dispose of timber, trees, underbrush and obstructions therefrom. Said real estate is described as follows: The south west ¥4 of the north west ¥4 of Section 12, Township 89 North, Range 2 East of 5th P.M., in Dubuque County, Iowa, as shown on the attached Plat, marked Exhibit "A" and by ref- erence made a part hereof. The aforesaid grant includes an assignable right of entry whereby the CITY OF DUBUQUE, IOWA, can grant to the UNITED STATES OF AMERICA, and its contractors permission to enter upon the land hereinabove described for the pur- pose of performing the proposed work or any part of the proposed work within the period of the grant, which assignable right of entry shall be without limitation whatsoever except that any exer- cise or re-exercise be within the period of the grant. Said rights, privileges and ease- ments are conveyed subject to ex- isting easements for public roads, and highways, public utilities, rail- roads and pipe lines. And that Thomas J. Manternach and Cecilia M. Manternach, do hereby covenant with the City of Dubuque, Iowa, that they hold said premises by good and perfect title; that they are free of encum- brances; that they have good right and lawful authority to sell and convey the same; and that the said Thomas J. Manternach and Cecilia M. Manternach do hereby covenant to warrant and defend the title to the said premises against the law- ful claims of all persons whomso- ever. Each of the undersigned hereby relinquishes all rights of dower, hemestead and distributive share in and to the interest in the above Special Session February 26, 1968 hibit "B" attached to the said easement grant. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Sect;on 1. That delivery of grant of temporary easement to City of Dubuque, Iowa, for the purpose to borrow from the real estate which is described as follows: The south west ¥4 of the north west ¥4 of Section 12, Township 89 North, Range 2 East of 5th P.M., in Dubuque County, Iowa, as shown on the attached Plat, marked Exhibit "A" and by ref- erence made a part hereof as shown on copy of the Easement Deed attached hereto, be and the same is hereby ac- cepted and the conditions of said grant attached thereto, marked Eshibit "B" be and the same are hereby ratified and approved. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution together with said easement deed and said Es- hibit "B" attached thereto in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, A.D., 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. F1r<>mmelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. EASEMENT DEED .KNOW ALL MEN BY THESE PRESENTS, that Thomas J. Man- ternach and Cecilia M. Manter- nach, husband and wife of Du- buque, Iowa, in consideration of the sum of One ($1.00) Dollar and <JI:her good and valuable consid- eratioll in hand paid by the City Special Session February 26, 1968 f'I1 described premises herein con- r Daniel E Welu to me personally veyed. known, ~ho, being by me "'!ly The conditions of this grant, in sworn, did say th~t they are Vice addition to the foregoing, are set President an~ AssIStant Vlc.e PresI- out in Exhibit "B" attached here- dent respectIvely of the First Na- to and by reference made a part tio~al Bank of Dubuq~e,. Iowa,. a hereof as though fully set out national banking. assocIatIon With herein place of busIness m Dubuque, Iowa, . . b and that the seal affixed to said Dated thIS 14th day of Fe ru- instrument is the corporate seal ary' 1968. h of said banking association and Thomas J. Manternac that said instrument was ;igned Cec¡)Ia M. Manternach and sealed in behalf of said asso- ciation by authority of its Board of Directors, and the said Paul J. Gisch was such Vice President and the said Daniel E. Welu as such Assistant Vice President acknowl- edged the executiou of said instru- ment to be the voluntary act and deed of said association by it and each of them voluntarily executed. (Jeanne Sinbold) Notary Public in and for said County. My commission expires July 4, 1969. RESOLUTION No. 58-68 WHEREAS, on the 15th day of February, 1968, the City of Du- buque, Iowa, and lllinois Central Railroad Company entered into a written agreement, which among other things, provided for the ac- quisition of certain easements from lliinois Central Railroad Company and which easements have been acquired in connection with the Dubuque Flood Control Project; and WHEREAS, the Mayor and City Clerk have executed said agree- ment for and on behalf of the City of Dubuque, Iowa, a copy of which agreement is hereto attached marked Exhibit "A" and by refer- ence made a part hereof and the same should be ratified and ap.- proved by the City Council; and WHEREAS, the Chicago, Milwau- kee, St. Paul & Pacific Railroad Compauy have certain operating rights in the real estate in which the City of Dubuque, Iowa, ac- quired eertain easements from the llIinois Central Railroad Company and on the 16th day of February, 1968, the Chicago, Milwaukee, St. Panl & Pacific Railroad Company consented in writing to the grant of easements and to the terms am:! conditions of agreement entered' in- to by and between lllinois Central ~~~t~foIO;~buque } ss: On this 14 day of February, 1968, a Notary Public in and for said County, personally appeared Thomas J. Manternach and Cecilia M. Manternach, to be known to be the persons named in and who executed the foregoing instrument, and acknowledged them that they executed the same as their volun- tary act and deed and voluntarily executed the same. Chas. A. Kintzinger Notary Public in and for said County CONSENT FOR AND IN CON- SIDERATION of One Dollar ($1.00) and other good and valuable con- sideration receipt whereof is here- with acknowledged by the First National Bank of Dubuque, Iowa, and herewith consents and agrees to the Grant of Temporary Ease- ment to the City of Dubuque, Iowa for the purpose of borrowing or removing soil or dirt from the premises described iu said grant owned by Thomas J. Manternach and Cecilia M. Manternach and which real estate is security for a mortgage held by The First Na- tional Bank of Dubuque, Iowa, dated May 2, 1967, to secure Twen- ty-Five Thousand ($25,000.00) Dol- lars which real estate mortgage is filed in Book 293, Page 185 of Dubuque County Records. THE FIRST NATIONAL BANK OF DUBUQUE, IOWA By P. J. Gish By Daniel E. Welu ~~~~t~foIO;~buque } ss: 00 this 15th day of February, A.D. 1968, before me, Jeanne Sin- bold, a Notary Public of Iowa in and for Dubuque County, person- ally appeared Paul J. Gisch and 88 Section 4. That the City Clerk be and he is hereby authorized and directed to forward a certüied copy of this Resolution to Illinois Central Railroad Company and to cause a copy of said agreement to- gether with a certified copy of this Resolution to be recorded in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Special Session February 26, 1968 Railroad Company and City of Du- buque, Iowa, bearing date of Feb- ruary 15, 1968; and WHEREAS, on the said 16th day of February 1968, the Mayor and City Clerk executed the acceptance of the consent of the Chicago, Mil- waukee, St. Paul & Pacific Rail- road Company for and on behalf of the City of Dubuque, Iowa, which consent should be ratified and approved by the City Council. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement entered into by and between City of Dubuque, Iowa and Illinois Central Railroad Company bearing date of February 15, 1968 cover- ing the terms of agreement by and between the City of Dubuque and Illinois Central Railroad Company pertaining to the acquisition of certain easements and providing for certain obligations to be per- formed by the City of Dubuque in accordance with said agreement and all of which terms and pro- visions in said agreement have been negotiated in connection with the Dubuque Flood Control Pro- ject be and the same are hereby approved, ratified and confirmed and the execution thereof for and on behalf of the City of Dubuque, Iowa, by its Mayor and City Clerk be and the same is hereby ratified and confirmed. Section 2. That the consent by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company to the terms and provisious of the agree- ment by and between the City of Dubuque and Illinois Central Rail- road Company dated February 15, 1968, which consent was executed on the 16th day of February, 1966, is hereby approved, ratified and confirmed and the execution of the acceptance of said consent by the Mayor and the City Clerk under date of February 16, 1968 be and the same is hereby rati- fied, approved and confirmed. Section 3. That the grants of easemeuts to City of Dubuque, Iowa for said flood protection protection levee system and neces- sary appurtenauces be and the same are hereby accepted. Attest: Leo F. Frommelt City Clerk Councilmau Meyers moved adop. tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 59-68 WHEREAS, CmCAGO, MIL- WAUKEE, ST. PAUL AND PACIF- IC RAILROAD COMPANY, herein- after referred to and called "Rail- road" and City of Dubuque, have entered into a written agreement for easement bearing date of Feb- ruary 21, 1968, which easements have been granted by said Rail- road to the City of Dubuque in connection with the Dubuque Flood Control Project; and WHEREAS, the Mayor and City Clerk have executed said agree- ment for and on behalf of the City of Dubuque, Iowa; and WHEREAS, said agreement has been examined by the City Coun- cil of the City of Dubuque, Iowa, and same is approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement by and betwee!1 CmCAGO, MIL- WAUKEE, ST. PAUL AND PACIF- IC RAILROAD COMPANY, and CITY OF DUBUQUE, IOWA, dated February 21, 1968, a copy of which, marked Exhibit "A" is hereto attached and by reference made a Special Session February 26, 1968 part hereof covering necessary easements acquired by the City from said Railroad in connection with the Dubuque Flood Project be and the same is hereby ap- proved and confirmed. Section 2. That the execution of said agreement by the Mayor and City Clerk be and the same is hereby approved, ratified and con- firmed. Section 3. That the City Clerk be and he is hereby authorized and directed to record a copy of said agreement in the office of the recorder in and for Dubnque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman I Councilmen nelle, be and the same is hereby approved, confirmed and ratified. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. NaYs-None. RESOLUTION NO. 61-68 WHEREAS, a plat of vacated Lime Street dated February 13, 1968, prepared by John L. White, licensed professional engineer and land surveyor, subdividing said Lime Street into Lots 1 and 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, has been examined by the City Conncil of City of Dubuque, Iowa; and WHEREAS, said plat conforms to laws of the State of Iowa and ordinances of the City of Dubuque governing the subdivision of real estate in the City of Dubuque, Iowa. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat subdi- viding vacated Lime Street into Lot 1 and Lot 2 of vacated Lime Street in Boatyard Addition in the City of Dubuque, Iowa, which plat bears date of February 13, 1968, and which was prepared by John L. White, licensed professional en- gineer and land surveyor, 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 plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said plat to be filed in the office of the record- Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 60-68 WHEREAS, Midtown Marina and City of Dubuque, Iowa, have entered into an agreement per- taining to the relocation of the existing docks of said Marina, amoag other things, all in con- nection with the contemplated Dn- buque Flood Control Project and copy of which agreement is here- to attached, marked Exhibit "A" was executed on the 12th day of February, 1966, by the City Man- ager for and on behalf of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement entered into by and between the City of Dubuqne and the Midtown Marina, bearing date of February 12, 1968, and executed on behalf of the City of Dubuque by its City Manager, Gilbert D. Chave- 89 i 90 Chicago, Milwaukee, St. Paul & Pacific Railroad Company and par- allel thereto, bearing date of February 13, 1968, and prepared by Johu L. White, licensed profes- sional engineer and land surveyor be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to record said plat in the office of the recorder iu and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Special Session February 26, 1968 er in and for the County of Du- buque, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Douald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 62.68 WHEREAS, there being present- ed to the City Council of the City of Dubuque, Iowa, a plat of vacated Kimball Street from the west property line of Lot 5A of McCraney's Eagle Point or Town of Eagle Point to the easterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad which is twenty-five feet easterly of the main track of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company and par- allel thereto, which plat is dated February 13, 1968, and prepared by John L. White, licensed profes- sional engineer and land surveyor; and WHEREAS, the City Council of the City of Dubuque, Iowa, has ex- amined said plat and finds that same conforms to the laws of the State of Iowa, and the ordinances of the City of Dubuque, Iowa, gov- erning the subdivision of Lots in the City of Dubuque, Iowa, and the platting thereof. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of va- cated Kimball Street from the west property line of Lot 5A of McCraney's Eagle Point or Town of Eagle Point to the easterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad which is twenty-five feet easterly of the main track of the Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 63-68 WHEREAS, there being pre- sented to the City Council of the City of Dubuque, Iowa, a plat of Lot 2 of Lot 17, Lot 2 of Lot 16, and Lot 17A being that part of the vacated alley between Kimball Street and the south property line of the North one-half of Lot 18, except that portion of the said alley lying between the Chicago, Milwaukee, St. Paul & Pacific Rail- road right-of-way, all in McCra- ney's Eagle Point or Town of Eagle Point, which plat is dated Febru- ary 13, 1968, and prepared by John L. White, licensed professional engineer and land surveyor; and WHEREAS, the City Council of City of Dubuque, Iowa, has exam- ined said plat and finds that same conforms to the laws of the State of Iowa and city ordinances per- taining to the subdivision of lots. Special Session February 26, 1968 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section I. That the plat of Lot 2 of Lot 17, Lot 2 of Lot 16, and Lot 17A in McCraney's Eagle Point or Town of Eagle Point in the City of Dubuque, Iowa, dated February 13, 1968, and prepared by John L. White, licensed professional engin- eer and land surveyor, 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 plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to record said plat in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen I Attest: Leo F. Frommelt City Clerk "A" is hereto attached, and Mem- orandum of Agreement affixed thereto, which Memorandum of Agreement has been entered into between Andrew G. Frommelt, et ai, and Gilbert D. Chavenelle, City Manager, for and on behalf of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the grant of temporary easement by Andrew G. Frommelt, et al, to the City of Dubuque, Iowa, dated February 17, 1968, cOvering the following de- scribed real estate be and the same is hereby accepted and the Memorandum of Agreement by and between the City of Dubnque, Iowa, and Andrew G. Frommelt, et ai, be and the same is hereby approved and COnfirmed, which real estate is described as follows: Lot 2 of Lot 1 of the north west \10 of the south east \10, EX- CEPT the portion thereof Con- demned by the State of Iowa, in Book of Lands #59, page 11, et seq., records of Dubuque Connty, Iowa; Lot 5 of Lot 3 of the west half of north east \10; Lot 3, and Lot 1 of Lot 2 of the south east \10 of northeast \10; all in Section 11, Township 89 North, Range 2 East of 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respec- tive Subdivisions; subject to easements granted Interstate Power Company, a Delaware cor- poration; and subject to ease- ment granted Northern Natural Gas Company, a corporation operating as Peoples Natural Gas Division; records of Dubuque County, Iowa. Section 2. That the execution of the Memorandum of Agreement by GiIbert D. Chavenelle, City Man- ager, for and on behalf of the City of Dubuque, Iowa, be and the same is hereby ratified and approved. Section 3. That the City Clerk be and he is hereby authorized and directed to affix the certificate of the City Clerk thereto and cause said temporary easement to be recorded in the office of the recorded in and for Dubuque County, Iowa. CounciIman Schultz moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 64-68 WHEREAS, the City of Dubuque, Iowa, has negotiated with Andrew G. Frommelt, et ai, owners of cer- tain real estate hereinafter de- scribed, in order that the City acquire a temporary and assign- able easement for a borrow area for the Use by the City of Dubu- que, Iowa in connection with its Flood Control Project; and WHEREAS, Andrew G. From- melt, et aI, have delivered tem- porary easement to the City of Dubuque, dated February 17, 1968, . copy of which marked Exhibit 91 lished of intent to dispose of interest of real estate as is by law required. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen and all things necessary and re- quisite including the affixing of the City Seal to certain instru- ments to purchase the following described parcels of real estate in accordance with the Downtown Urban Renewal Plan at their con- curred-in acquisition prices, at a total cost not to exceed $466,800. Parcel No. 2- 3 4-3 92 Special Session February 26, 1968 Special Session February 26, 1968 93 Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the fol1owing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 65-68 WHEREAS, Mr. and Mrs. Ray- mond Foote by written petition to the City Council requested that they purchase Lot 33 in Rellevue Addition in the City of Dubuque, Iowa, which is owned by the City of Dubuque, Iowa, and agree to pay therefore the sum of One Hundred ($100.00) Dollars, includ- ing costs of publishing notice of sale; and WHEREAS, the Planning & Zoning Commission of the City of Dubuque, Iowa, has recommended the sale of said property as said real estate no longer serves any public purposes; and WHEREAS, the sale of Lot 33 in Bellevue Addition in the City of Dubuque, Iowa, to Mr. and Mrs. Raymond Foote should be ap- proved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of Lot 33 in Bellevue Addition in the City of Dubuque, Iowa, to Mr. and Mrs. Raymond Foote for the sum of One Hundred ($100.00) Dollars to- gether with costs of publication of notice of intent to dispose of inter- est in real estate and upon con- dition that conveyance be made by Quit Claim Deed and that no abstract of title be furnished be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice to be pub- Legal Description South 30' of City Lot 32 North one-half of City Lot 216 4- 8 South one-half of City Lot 249 8- 2 City Lot 24 10- 6 North 26'1" South 25'2" of City Lot 239 14-11 City Lot 186 15- 4 City Lots 93 and 94 15- 7 South Two-Thirds Subdivis- ion 2 of City Lot 67 15- 9 South two-thirds of City Lot 66 Al1located in the City of Dubuque, Dubuque County, State of Iowa. Passed, and adopted, and ap- proved this 26th day of February, 1968. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 66-68 Authorizing the purchase of cer. taln Real Estate in the Down. town Urban Renewal Project, Iowa R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America entered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, there has been pre- pared on behalf of the City of Dubuque independent appraisals of certain parcels of real estate to be acquired for the project; and WHEREAS, the appraisals have been reviewed, recommended prices established, and the ap- praisals reports and certain sup- porting documentation submitted to the Department of Housing and Urban Development for their review; and WHEREAS, the City of Dubuque has received from the Department of Housing and Urban Develop- ment concurred - in acquisition prices for certain parcels of real estate in the Project Area; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Man- ager be and he is hereby author- ized and directed to execute Agree- ments of Purchase and to do any Sylvester McCauley Mayor Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the followiug vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler. Nays-Councilman Schultz. RESOLUTION NO. 67-68 WHEREAS, Richard C. Hen- schel and Mildred L. Henschel have delivered to City of Dubuque, Iowa, Warranty Deed covering the following described real estate: Lot 6 of Lot 1 of "Mark Heights" in the City of Dubuque, Iowa; and Lot 6 of Lot 3 of "Mark Heights" in the City of Dubuque, Iowa; and WHEREAS, delivery of said deed should be accepted by the City of Dubuque. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL _Ji OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of War- ranty Deed by Richard C. Hen- schel and Mildred L. Henschel, husband and wife, conveying to the City of Dubuque the above described real estate be and the same is hereby accepted, which real estate is designated for street purposes and shall hereafter be and become part of Kelly Lane. Section 2. That the City Clerk be and he is hereby authorized and directed to record said Warranty Deed in the office of the Dubuque County Recorder. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. February 26, 1968 To the Honorable Mayor and City Council Gentlemen: I request you to pass a resolu. tion authorizing me on behalf of the City to make an application for State Disaster Assistance, to be granted in the form of an interest free loan. I also request that you pass a resolution authorizing me on be- half of the City to petition the State Appeal Board for permission to levy annually a one mil1 tax in order to pay back the State loan which is being applied for. The permission of the Board is re- quired under Section 24.6 of the Iowa Code. On February 15th, Lt. Col. Paul H. Abrisz, investigating officer for the Adjutant General, came to the City, reviewed our records and 94 hereby authorized to execute for and in behalf of the City of Du- buque, Iowa, a public entity estab- lished under the laws of the State of Iowa, an application, and to file it in the appropriate State Office, for the purpose of obtaining State Disaster Aid provided by S.F. 796 (62nd G.A.). Passed and approved this 26th day of February 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Special Session February 26, 1968 instructed us as to the require- ments for making the loan applica- tion. I told the Colonel that I would certify to the State a 1967 disaster expense of $421,154.55. He was unable to tell how much of this amount would be accepted, nor the amount of the loan which would be granted. These depend upon the review of the Director of State Disaster Aid and the action of the Executive Council. The Colonel did say that our application would be forwarded to the Executive Council a day or two after he received it. It appears to me that only a part of the deficit in the 1967 emer- gency flood account ($385,471.77) will be financed by State loan. The balance will have to be by private financing. In support of this request I am enclosing the following: 1. Copy of SF 796 2. Summary, 1967 Flood Ex- pense 3. Details, 1967 Flood Expense 4. Estimate of Interest ou Out- standing Warrants 5. Council Resolution 155-67 6. List of Outstanding Warrants Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 68-68 WHEREAS, the City of Dubuque, Iowa has expended some $421,- 000.00 during the flood emergency of 1967; and WHEREAS, the City of Dubuque, Iowa may apply for an interest- free loan from the State of Iowa as authorized by SF 796 (62nd G.A.); NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Gilbert D. Chav- enelle, City Manager, be and he is Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 69-68 WHEREAS, the City of Dubuque is making application to the State for an interest free loan under the State Disaster Act, SF 796 (62nd G.A.); and WHEREAS, according to SF 796 (62nd G.A.) it will be necessary to annually levy a one mill tax against the assessed value of the City of Dubuque until such loau is repaid; and WHEREAS, Chapter 24, Section 24.6 of the Code of Iowa, 1966 stipulates that permission must be obtained from the State Appeal Board in order to levy a one mill tax for an emergency fund. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Gilbert D. Chav- enelle, City Manager, be and he is hereby authorized to execute for and in behalf of the City of Du- buque, Iowa, a public entity estab- lished under the laws of the State of Iowa, a petition requesting per- mission to levy a one mill tax and Special Session February 26, 1968 to file said petition with the State Appeal Board. Passed and approved this 26th day of February 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 70-68 WHEREAS, the owners of an area approximately 3.71% acres in size immediately adjoining the southerly City Limits of the City of Dubuque, Iowa have petitioned the City Council to be voluntarily annexed to the City of Dubuque, Iowa; 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 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, and other municipal services If said territory is incor- porated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, 1966 Code of Iowa, 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. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa, be and they are hereby ex- tended to include the area com- prising the following described real estate: Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 511 in Table Mound Towuship, Dubu- que County, Iowa; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 511 in Table Mound Township, Dubu- que County, Iowa; Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 510 in Section 2, Township 88 North, Range 2 East of 5th Prin- cipal Meridian, being in Table Mound Township, Dubuque County, Iowa, according to the recorded plats thereof, attached hereto and by reference made a part hereof, the boundaries of said area being out- lined in red thereon. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution together with the plat attached thereto in the office of the recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. ORDINANCE NO. 12-68 An Ordinance vacating the alley which is sixty feet in width ly- Ing north of Arlington Street and lying eesterly of Lot 1 of the subdivision of Lot 809 in McDaniel's Subdivision of town lots in the City of Dubuque, lowe, which alley shall hereaf. tor be plaited and known as Lot 769B In McDaniel's Subdivision of Town Lots In the City of Du. buque, Iowa, presented and read. 95 96 Special Session February 26, 1968 Special Session February 26, 1968 97 Councilman Meyers moved that the reading. just had be considered the first reading of the Ordi- nance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that a public hearing be held on the Ordinance on April 1, 1966 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 71-68 WHEREAS, Leo J. Kringle has petitioned the City Council of Du- buque, Iowa, to purchase a certain alley lying northerly of Arliugton Street, which shall hereafter be described and known as 769B in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, for the sum of One Hundred ($100.00) Dollars and to pay for the platting thereof and to p.y for the costs of publication of uo- tice of intent to dispose of re,l estate; and WHEREAS, the City Council deems it in the best public interest that said vacated alley be sold to the said Leo J. Kriugle. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of the vacated alley hereafter be de- scribed and known as Lot 769B in McDauiel's Subdivision of Town Lots in the City of Dubuque, Iowa, for the sum of $100.00 together with costs of publication and sub- ject to the condition that convey- ance be made by Quit Claim Deed and no abstract of title be fur- nished be and the same is hereby approved. 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 recorder of Dubuque County, Iowa, and that the City Clerk pub- lish notice of intent to dispose of interest in real estate as is by law required. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Dubuque, Iowa on September 25, 1967, be and the same is repealed, rescinded aud held for naught. Section 2. That Resolution No. 363-67, passed, adopted and ap- proved by the City Council of Du- buque, Iowa, on the 6th day of November, 1967, be and the same is hereby repealed, rescinded and held for naught. Section 3. That the rescission of the foregoing resolutions is ne- cessary by reason of the fact that the real estate described in said respective resolutions was errone- ously described to include real estate which was not intended to be the subject matter of said re- spective resolutions. Section 4. That the Quit Claim Deed of the grantors conveying said real estate back to the City of Dubuque, Iowa, which was er- roneously described to include property not intended to have been conveyed by the City in the first instance, which Quit Claim Deed has been executed by Charles Davis and Doris Davis, husband and wife delivery of which is herewith acknowledged and delivery of same is hereby accepted and the City Clerk be and he is hereby author- ized and directed to record said deed together with certified copy of this resolution in the office of the recorder in and for Dubuque County, Iowa. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 72-68 WHEREAS, Resolution No. 298-67 passed, adopted and approved on the 25th day of September, 1967, by the City Council of the City of Dubuque, Iowa, approving the dis- posal of certain real estate to Charles Davis and Doris Davis, er- roneously described the real estate to be disposed of to the said Charles Davis and Doris Davis; and WHEREAS, Resolution No. 363- 67, passed, adopted and approved on the 6th day of November, 1967, by the City Council of the City of Dubuque, Iowa, authorizing the dis- posal of said real estate to Charles and Doris Davis which was incor- rectly described. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 298-67, passed, adopted and ap- proved by the City Council of Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 73-68 WHEREAS, Charles Davis and Doris Davis are the owners of cer- tain parcels of real estate abutting Valeria Street in the City of Du- buque, Iowa, and which real es- tate is located and encroaches in part on Valeria Street; and WHEREAS, the said Charles Da- vis and Doris Davis desire to ac- quire such portion of Valeria Street upon which a portion of a dwelling is located; and WHEREAS, the City Council of City of Dubuque, Iowa, passed, adopted and approved Resolution Nos. 298-67 and 363-67 and deliv- ered Quit Claim Deed to the said Charles Davis and Doris Davis, which however, said respective Resolutions and Quit Claim Deed erroneously described a part of said real estate intended to be conveyed by the City of Dubuque and by way of correction thereof this Resolution intends to make the necessary corrections. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of that portion of Valeria Street known and described as Lot 2 of Lot 2 of Lot 3 of Lot 145 in L. H. Langworthy's Addition to Du- buque, Iowa, and that portion of Valeria Street not used for street purposes, which is a portion of Lot 1 of the Subdivision of Lot 1 of Lot 2 of Lot 1 of Lot 147 in L. H. Langworthy's Addition in the City of Dubuque, Iowa, lying north- erly of the street line shown on the subdivision plat dated August 7, 1967, be and the same are hereby approved. Section 2. That the respective plats prepared by Bartels, Mc- Mahan & LeMay Engineering Co., registered civil engineers, bearing date of August 7, 1967, and hereby approved and the execution there- of by the Mayor and City Clerk is hereby ratified and confirmed. Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of in- tent to dispose of interest in real estate as is by law required. Special Session February 26, 1968 Special Session February 26, 1968 RESOLUTION NO. 75-68 Preliminary Estimate aud ap- proval of plans, specifications, form of contract, and all other documents for the construction of the Iowa Street Storm Sewer, 1968, from the S.P.L. of 4th Street to the N.P.L. of 9th Street, at an estimated cost of $17,635.00, pre- sented and read. Mayor McCauley moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (Necessity for Improvement) RESOLUTION NO. 76-68 W HER E A S, proposed plans, specifications, 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 iu the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The size and kind of sewers. 3. Au estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. Construction of the Iowa Street Storm Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th Street. BE IT THEREFORE RESOLVED that the City Council ou 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 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 improvements shall be con- structed and done in accordance with the plans aud 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 99 98' the City Clerk. That the cost and! proposed to be assessed against expense of making said improve- I' any lot and to the passage of th,e ment will be paid for from sewer proposed Resolution of Necessity funds. and the City Clerk be and he is The above resolution was intro- hereby directed to cause a notice duced, approved and ordered of the time and plac~ of suCh, hear- placed on file with the City Clerk lUg to be ~ublIs~ed In~me news- this 26th da of February 1968. paper publIshed lu the cIty of Du- y 'buque, the last of whIch shall-be Approved and placed on file for not less than two (2) nor more than final action. (4) weeks prior to the day fixed Approved for its consideration and unless Sylvester McCauley property owners at the time of Mayor final consideration of said resolu- Walter A. Pregler !ion. have On file with the Clerk ob- Merlin F. Schultz ¡ections to the amount of the pro- Donald R. Meyers posed assessment, they .shall have Gaylord M. Couchman ?ee,:, deemed to have w~lved all .ob- Councilmen ¡ec(¡ons thereto, at whIch hearIng the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved thi& 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor McCauley moved adoption of the resolution.. Secouded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz, Nays-None. ReSOLUTION NO. 74-68 RESOLUTION APPROVING SITE OF COUNTY-CITY BUILDING NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF, THE CITY OF DUBUQUE, IOWA: Section 1. That the following site located in the City of Du- buque, County of Dubuque, State of Iowa, towit: The area bounded by Fifth Street or- the north, Fourth Street on the south, Main Street on the west and Iowa Street ou the east, in the city of Dubuque, Iowa, which has beeu selected as the site. for a proposed County-City Buildiug by the County-City of Du- buque Authority, be and the same is hereby approved. Passed, approved and adopted this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmeu Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (Fixing date of hearing) RESOLUTION NO. 77-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 75-68 given its pre- liminary approval on the proposed plans, specifications and form of contract placed same on file in the office of the City Clerk for public inspection, for the Construction of the Iowa Street Storm Sewer 1968 from the S.P.L. 4th Street to the N.P.L. 9th 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 ist day of April, 1968, 'a public hearing will be held at 7,:30 o'clock P.M. C.S.T. 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 boundaries '-of the proposed district, to the cost of the improvement, to the amount Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men CoucInnan, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 78-69 Preliminary approval of pro- posed plans, specifications, form of coutract, and all other docu- ments for the construction of the Iowa Street Sanitary Sewer 1968 from the S.P.L. of 4th Street to the N.P.L. of 9th Street including sub mains on 6th Street from Iowa Street 111 feet west and 7th Street from Iowa Street 132 feet east, at an estimated cost of $33,242.00, presented and read. Councilman Pregler moved adoption of the res- olution. Seconded by Councilman Meyers. Carried by the following vote: Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Sèhultz. Nays-None. ì I L -- 100 Special Session February 26, 1968 . Yeas - Mayor McCauley, Coun- Approved: cllmen Couchman, Meyers, Pregler, Sylvester McCauley Schultz. Mayor Nays-None. Walter A. Pregler (Necessity for Improvement) Merlin F. Schultz RESOLUTION NO 79-68 Donald R. Meyers ~EAS, pro p 0 ~ e d plans, Gaylord ~¿u~~~J.::::n speclflcatlOns, form of contract, Attest: plat and schedule have been duly Leo F. Frommelt prepared and approved by the City City Clerk Council of the City of Dubuque and are now on file in the office Councilman Schultz moved ap- of the City Clerk showing among proval of the resolution. Seconded other things the following: by Councilman Couchman. Carried 1. The streets to be improved. by the following vote: 2 The' d' Yeas-Mayor McCauley, Coun- . SIze. an kind of sewers. cilmen Couchman, Meyers, Pregler, 3. An estImate of the cost of Schultz. the proposed improvement, stating Nays-None. the same for each different type of construction and kind of mater- (Fixing dote of hearing) ial to be used. RESOLUTION NO. 80-68 Construction of the Iowa Street ~REAS, the City Council of Sanitary Sewer 1968 from the the CIty of Dubuque, Iowa, has by S.P.L. 4th Street to the N.P.L. Resolution No. 78-68 given its pre- 9th Street including sub mains on hnunary approval on the proposed 6th Street from Iowa Street 111 plans, specifications and form of feet west and 7th Street from contract and placed same on file Iowa Street 132 feet east in the office of the City Clerk for . public inspection, for the Construc- BE IT THEREFORE RESOLVED tion of the Iowa Street Sanitary that the City Council on its own Sewer 1968 from the S.P.L. 4th motion or upon petition of prop- Street to the N.P.L. 9th Street erty owners, deems it advisable including sub mains on 6th Street and necessary for the public wel- from Iowa Street 111 feet west fare to make the herein mentioned and 7th Street from Iowa Street improvement, and unless property 132 feet east. owners at the time of the final and, consideration of this proposed res- olution have on file with the City ~REAS, th~ proposed. Reso- Clerk objections to the amount of lutlon of NecessIty for saId 1m- the proposed assessments, they prov~ment has~en. introduc~d shall be deemed to have waived all and IS now on file m the CIty objections thereto. Clerk's office for public inspection. Said improvements shall be con- BE IT THEREFORE RESOLVED structed and done in accordance that on the 1st day of April, 1968, with the plans and specifications a public hearing will be held at which have been prepared there- 7:30 o'clock P.M., C.S.T. in the fore by the City Engineer wllich Council Chamber in the City of have been approved by the City Dubuque at whi~h time the owners Council and are now on file with of property subject to assessment the City Clerk. That the cost and for the proposed improvement expense of making said improve- may appear and make objection ment will be paid for from sewer to the proposed plans and specifi- funds. cations and proposed form of con- tract and at the same time to the The above resolution was intro- boundaries of the proposed dis- duced, approved and ordered trict, to the cost of the improve- placed on file with the City Clerk ment, to the amount proposed to this 26th day of February, 1968. be assessed against any lot and to . the passage of the proposed Reso- . APpro~ed and placed on fIle for lution of Necessity and the City fmal actlOn. Clerk be and he is hereby directed .IlL Special Session February 26, 1968 101 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 and unless property owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, 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 de- cision thereon. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 81-68 Preliminary approval of plans, specifications, form of contract, plat and all other documents for construction of the Eighth street storm sewer 1968 from the E.P.L. of Central Avenue to the W.P.L. of Iowa street at an estimated cost of $23,046.00 presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (NecessitY for Improvement) RESOLUTION NO. 82-68 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been dilly 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 size and kind of sewers. 3. 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. Construction of the Eighth Street Storm Sewer 1968 from the E.P.L. Central Avenue to the W.P.L. Iowa 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 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 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 sewer funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 26th day of February, 1968. Approved and placed on file for final action. Approved Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved .doption of the resolution. Second- Passed, adopted and approved ..this 26th day of February, 1966. Sylvester McCauley Mayor Walter A. Pregler "Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen .11)2 Special Session February 26, 1968 -ed'by Councilman Meyers. Carried 'by.tile foHowing vote: 'Yeas---'Mayor McCauley, Council- 'men Couchman, Meyers, Pregler, Schultz. -Nays--'-None. (Fixing date of hearing) RESOLUTION NO. 83-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 81-68 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 Construc- ,tlon of the Eighth Street Storm Sewer 1968 from the E.P.L. of Central Avenue to the W.P.L. Iowa Street and, WHER:<JAS, 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 1st day of April, 1968, -a public hearing will be held at 7:30 o'clock P..M., G.S.T. 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 specifi- cations and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- 'ment, to the amount proposed to be assessed against any lot and to tile 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 shaH be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shaH have been deemed to have waived aH objec- tions thereto, at which hearing the Council will hear such objections ,and enter on record its final ,de- wsion thereon. 'Attest: Leo 'F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the foHowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 84-68 Preliminary' approval of plans, specifications, form of contract, plat and aH other documents for construction of the Fifth Street Storm Sewer 1968 from the W.P.L. of White Street to the W.P.L. of Locust Street, at an estimated cost of $37,372.70, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the foHowing vote: Yeas-Mayor McCauley, Council- meu Couchman, Meyers, Pregler, Schultz. Nays-None. (Necessity for Improvement) RESOLUTION NO. 84-68 WHEREAS, proposed plans, specifications, form of conract, 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 foHowing: 1. The streets to be improved. 2. The size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction aud kind of ma- terial to be used. Construction of the Fifth Street 'Storm Sewer 1968 from the W.P.L. of .WhiteStreet to the W.P.L. of -LOcU6t Street. Special Session February 26, 1968 100- BE IT THEREFORE RESOLVED in the office of the City Clerk for that the City Council on its own public inspection, for the Construc- motion or upon petition of prop- tion of the Fifth Street Storm erty owners, deems it advisable Sewer 1968 from the W_P.L. of and necessary for the public wel- White Street to, the W.P.L. of fare to make the herein mentioned Locust Street and, ~r:,~:~~e':tentl,:~fm~nl~:s th~O~~~ WHEREAS, the proposed. R~so- consideration of this proposed lutIon of NecessIty for. saId 1m- resolution have on file with the prove.ment has been. Introduced City Clerk objections to the and IS now on fIle In the CIty amount of the proposed assess- Clerk's office for public inspection, ments, they shall be deemed to BE IT THEREFORE RESOLVED have waived all objections thereto. that on the 1st day of April, 1968, Said improvements shall be con- a. publ!c hearing will be ~eld at structed and done in accordance 7.30? clock P.M.,. C.S.T. '!, the with the plans and specifications CouncIl Chamber In the CIty of "hich have been prepared there- Dubuque at whIch tIme the owners fore by the City E!1gineer which of property subject t? assessment have been approved by the City for the proposed Imp!ov?ment Council and are now on file with may appear and make objectIOn to the City Clerk. That the cost and t!,e proposed plans and speclflCa- expense of making said improve- tIons and proposed form of con- ment will be paid from Sewer tract and at the sam. time to the funds boundarIes of the proposed dis.. . trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot 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 heariag to be pub- lished in some newspaper pub- lished in the city of Dubnque, the last of. which shaH be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con- sideration of said resolution have on file wHh the Clerk objections to the amount of the proposed assessment, they shaH have been deemed to have waived all objec.. tions thereto, at which hearing the Council will hear such objections and enter on record its, fi!1al de- cision thereon. Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers, Gaylord M. Couchman Councilmen The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 26th day of Fehruary, 1968. Approved and placed on file for final action. Approved. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the foHowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (Fixing date of hearing) RESOLUTION NO. 86-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 84-68 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file Attest: Leo F. Frommelt. City Clerk I the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. 104 Special Session February 26, 1968 Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 87-68 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 Kenneth Jerome Love, 802 Iowa Street Passed, adopted and approved this 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 88-68 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 RE- SOLVED by the City Council of the City of Dubuque, Iowa, that CLASS "B" BEER PERMIT Kenneth Jerome Love, 802 Iowa 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 26th day of February, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Herb Kiefer, 535 Chestnut St. addressed the Council by stating that in his opinion cats should be obliged to come under the innoculation law just the same as dogs, and it should be enforced along with the dog ordinance. He also spoke in favor of gettiag a snorkel for the fire department and also all fire stations should be built with front and back doors to accomodate large equipment. Councilman Couchman moved that the inoculation of cats and enforcing same along with the Dog Ordinance, as submitted by Mr. Kiefer, be referred to the City Manager for investigation. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Special Session February 26, 1968 Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Leo F. Frommelt City Clerk. Approved ....................................1968 Adopted ......................................1968 .......................................................... Councilmen Attest """"""""ëiïŸ"ci~k"""""'" 105