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1961 March Council Proceedings.} y y: +~y ~kl t '" `,~-' H ', V` y. 1I 1 '' ~~' F E zl; t ~• r"' I. Regular Session, March 8, 1961 81 CITY COUNCIL OFFICIAL Regular Session, March 8, 1961. Council met at 7:30 P.M. Present-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. City Manager Gilbert D. Chavenelle. Mayor Schreiber read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Communication of E. L. Falk ob- jecting to the dog nuisance exist- ant in the area of 3060 Pennsyl- vania Avenue, presented and read. Councilman Takos moved that the communication be referred to the City Manager. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. March 6, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff, a petition signed by C. J. May, Jr., Attorney for George A. Saff- ran, requesting that street lights be installed in the Marycrest Sub- division. R is recommended that the fol- lowing street lights be installed: 1. Light on southeast corner of Altura and Mesa Drives. 2. Alight on Altura Drive on easements between 1440 and 1390. 3. A light on Altura Drive be- tween 1270 and 1230. 4. A light on the southwest cor- ner of Altura and Grandview Ave- nue. 5. A light on the northeast cor- ner of Mesa and Cerro Drives. 6. A light on Cerro Drive on the easement between 1425 and 1395. 7. A light on Cerro Drive on the easement between 1275 and 1235. 8. A light on the northwest cor- ner of Cerro and Grandview Ave- nue. Respecffully submitted, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. March 6, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff a petition signed by Ray Sarazin and others requesting that a street light be installed on Kirkwood in the area between Blake and Cox Streets. It is recommended that a light be installed in this location. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. March 6, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff a petition by Mrs. Earl Retten- meier requesting a street light at the corner of Stafford and Henne- pin Streets. It is recommended that a street light be installed at this location. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. jla i f', ~' 1 i,,! ~a'. I~ 1 q I ~' 82 Regular Session, March 6, 1961 March 6, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff, a petition from the Peoples Nat- ural Gas Company fot cutting a hole in the alley just west of La Gust Street and north of Second Street. The Engineering Department has been able to make arrangements with the Gas Company and conse- quently, the petition is no longer necessary. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos, Nays-None. Notice of claim of Eva M. O`Rourke, in an un-named amount, for personal injuries received in a fall on the crosswalk at 18th and Central Avenue on February 10, 1981, presented and read. Council- man Takos moved that the Notice of claim be referred to the City Solicitor for investigation and re• port. Seconded by Councilman Kean. Carried by the following vote: Yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Notice of claim of Harold R. Otto, in an un-named amount, for damage to his home as the result of the construction of the Kauf- mann Avenue sewer by Hennessey Bros. in January 1961, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun• Gilman Kean. Carried by the fol- lowing vote: Yeas - Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. March 1, 1961 To the Honorable Mayor and Cfty Council Dubuque, Iowa Gentlemen: The petition of the North End Wrecking Company, 55 West 32nd Street, requesting extension of the present Light Industrial District to include additional property owned by them and needed for business expansion, has been con- sidered by the Planning & Zoning Commission. The Planning & Zoning Commis- sion recommends that the petition of North End Wrecking Company be granted. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller moved that the recommendation of the Commission be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. ORDINANCE N0. 10.61 A n Ordinance Amending a n d Changing the Zoning Map and Zon• ing Ordinance of the City of Du- buque, Iowa, as provided by Ordin• ante No. 3-34, designated the Zon- ing Ordinance, so as to change Lot 2 of Lot 1 of Lot 1 of Heim Sub., and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Heim Sub. from Single Family Residence District Classifi- cation to Light Industrial District Classification, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- man Kean, Schaller, Schueller, Ta- kos. Nays-None, Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Schaller, Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Regular Session, March 8, 1981 83 Councilman Schueller moved that a public hearing be held on the Ordinance on April 3, 1961, at 7:30 p.m. in the Council Chamber in the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. March 1, 1961 r" L To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is proposed amend- ment to Article 4 of the Zoning t Ordinance. Placing a new use in this Dis- trict would allow the use of prop- erty to relieve the ever present need of off street parking in the down town area. The off street ~~ parking area as presently proposed only includes the district between Locust and Bluff Streets from Third to Fifth St. This area can be increased if this section or other Multiple Family Areas if ~; the need arises. Respectfully submitted, .Fl Dubuque Planning & Zon- ing Commission `j+ Owen Riley Secretary ' Councilman Takos moved that the amendment to Article 4 of the Zoning Commission be ap• proved as suggested by the Plan- ning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: ', Yeas-Mayor Schreiber, Council- . men Kean, Schaller, Schueller, Takos. Nays-None. x 1.; ORDINANCE N0. 11.61 An Ordinance amending the Zon• ing Ordinance of the City of Du- buque by Repealing Section 1 of Article 4 of the Zoning Ordinance of the City of Dubuque and enact- ing asubstitute therefore to auth- orize additional uses in the Mul- tiple Residence District, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on throe separate days, Seconded by Coun• Gilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, S c h a 11 a r, Schueller, Takos. Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on Apri13, 1961, at 7,30 P.M, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Takos. Nays-None. March 1, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Neil Herburger and others requesting rezoning of property on the northwest corner of Asbury and Old Timers Road to Local Business District "A" has been considered by the Planning & Zoning Commission. The general character of this area to the west is now established as a business area. The area to the east is developed and the establish- ment of this district would be com- patable with the development of this intersection. The Planning & Zoning Com- mission recommends that the re- quest be granted. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schaller moved that the recommendation of the Plan• ning & Zoning Commission be ap• proved. Seconded by Councilman I~' ,~ 'III i= IM ~ ill ~~ I~ 84 Regular Session, March 6, 1961 Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. ORDINANCE NO. 12.61 An Ordinance amending and changing the Zoning Map and Zon- ing Ordinance of the City of Du• buque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change Lots 1 and 2 of Neil Place; Lot 1 of Lat i of Lot 1 of Lott of Lot 2 of Lot 3 of Lot 1 in High- land Farm in the City of Dubuque, Iowa, from its present Single Fam- ily Residence District Classifica- tion to Local Business District "A" classification, presented and read. Councilman Schueller move d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schaller, Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Councilman Schueller move d that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on April 3, 1961, 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 Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Petition of James J. Miller re- questing a $25. refund on the unex- pired portion of cigarette license No. 277, as he has discontinued business on February 15, 1961, pre• sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $25, payable to James J. Miller to cover the amount due on the unexpired portion of cigarette license No. 277. Seconded by Councilman Kean. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Petition of Donald Henn request- ing permission to excavate in Pearl Street (10 year street), presented and read. Councilman Takos moved that the petition be referred to the City Manager and Engineering De- partment, Seconded by Councilman Kean, Carried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications form of contract and cost of improvements for the grading of N. Grandview Avenue extension from Sta. 30+00 to Sta. 39+50 south property line of Kaufman Avenue, presented and read. Ma- yor Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. (Necessity for Improvement) RESOLUTION N0. 37.61 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The street to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the the proposed improvement. for the grading of North Grandview Avenue Extension i' 4 ,: r ~.. ~~ .. ~.. Regular Session, March 6, 1961 85 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution Gave on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer and 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 im- provement will be paid from the Street Construction Fund. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 20th day of February, 1961. Approved and placed on file for final action. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 6th day of March 1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the. following vote: Yeas - Mayor Schreiber, Coun- men Kean, Schaller, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publishers, of Notice to contractors of the receipt of pro- posals for the grading of North Grandview Avenue from Sta. 30.00 to Sta. 39.50, presented and read, Councilman Schaller moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. March 6, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, March 6, 1961 for the City of Dubuque Grading Project No, 1-North Grandview Avenue Extension. The lowest bid was submitted by Schueller Black- top Company of Dubuque, Iowa. Their bid was 19.57% under the estimate. A tabulation of Bids re- ceived are attached. I recommend that the contract for the above named project be awarded to Schueller Blacktop Company. Very truly yours, GILBERT D. CHAVENELLE, City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. (Awarding Contract) RESOLUTION N0.6461 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque Grading Project No, 1; North Grandview Avenue Extension from Sta. 35+00 to Sta. 39-F50 pursuant to Resolution No. 39.61 and notice to bidders published in a news- paper published in said City on February 23, 1961; and WHEREAS, said sealed proposals were opened and read on March 6, 1961, and it has been deter- mined that the bid of Schueller Blacktop Co, of Dubuque, Iowa in the amount of $22,972,49 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, ~n~ ti: 88 Regular Session, March 6, 1981 BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Schueller Blacktop Company of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders, Passed and adopted this 6th day of March, 1961. JOHN P, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of pra• posal to dispose of Real Eatate and receipt of bids and to consider pro• posal to dispose of Lot One of O'Hea Subdivision in the City of Dubuque, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. The following sealed bids were received; James J. Gruber, bid of $5,555.00 Certified check enclosed $555.50 L. J. Schlitz $6,050.00 Certified check enclosed $605.00 H. E, Dilworth $7,669.53 Certified check enclosed $765.95 Councilman Takos moved that the bid of H, E. Dilworth be ac• cepted far the purchase of Lot One of O'Hea Subdivision and the certified checks returned to the unsuccessful bidders, Seconded by Councilman Schaller: Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta• kos. Nays-None, RESOLUTION N0. 65.61 WHEREAS, pursuant to Resolu- tion and notice the City Council of the City of Dubuque met on the Bth day of March, 1961, at 7:30 o'clock P.M, in the City Coun- cil Chambers in the City Hall to consider the proposal to dispose of the hereinafter described real estate, at which hearing all inter- ested parties were afforded an op- portunity to be heard for or against such proposal; and wn~nEAS, pursuant to pub- lished notice in the Telegraph Herald on February 13th and 20th, 1961, sealed bids for the purchase of said property were taken and were at said time and place presented to the City Council and opened and the highest bid was determined to be that of H. E. Dilworth in the amount of $7,659.53 and it was thereupon determined that the bid of H. E. Dilworth in the amount of $7,659.53 was the best bid and should be accepted by the City, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid of H. E. Dilworth in the amount of $7,659.53 for the purchase of Lot One (1) of O'Hea Subdivision in the City of Dubuque, Du- buque, Iowa, according to the recorded plat thereof, Subject to easements now in place, is hereby accepted and the Mayor and the City Clerk are hereby authorized and empowered to execute the Quit Claim Deed of the City of Dubuque releasing and conveying to H. E. Dilworth all of its right, title and interest in and to the above described real estate and to deliver the same to the said H. E. Dilworth upon receipt of $7,659.53 in cash, plus publication costs in the amount of $7,659.53, Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy Regular Sossion, March 6, 1961 87 of this Resolution in the office of the County Recorder of Du• buque County, Iowa. Passed by recorded roll call vote and approved this 6th day of March, A.D. 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUISSCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Schreiber, Covncfl• men Kean, Schaller, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of re- ceipt of bids for fire apparatus for triple Combination Pumping En• gine 1,000 G. P. M., presented and read. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. March 6, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am enclosing a letter from Fire Chief Hickson recommending the purchase of an FWD 4 wheel drive pumping engine. I concur in this recommendation and further wish to inform you that sufficient funds have been appropriated in the bud- get for this purpose. Respectfully submitted, Gilbert D, Chavenelle City Manager Mayor Schreiber moved that the recommendation of the City Mana- ger be approved. Seconded by Councilman Kean, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. March 6, 1961 Mr. Gilbert D. Chavenelle, City Manager, City Hall, Dubuque, Iowa. Dear Sir: The following ate the bids re- ceived for a new pumping engine for the Fire Department as of this date. American-La France ........$22,943.00 Howe Co .............................$20,925.00 Peter Pirsch Co .................$22,053.00 FWD Conventional Drive $19,833.00 FWD Four Wheel Drive ..$21,089.00 Difference between the two bids by F. W. D. is $1,256.00. We have checked over the bids, and I recommend that the F.W.D. drive of all four wheels be pur• chased. Respectfully yours, Thos. C. Hickson, Chief of Fire Dept. RESOLUTION N0. 66•b1 AWARDING CONTRACT WHEREAS sealed proposals have been submitted for furnishing one four wheel drive engine according to specifications now on file with the City Clerk; and WHEREAS, the City Council hav ing examined said proposals has determined that the bid of Geo. Bock Co., in the amount of $21,089.00, is the best bid in con- formance with the specifications; NOW THEREFORE, BE IT RE• SOLVED that the bid of Geo. Bock Co. in the amount of $21,089.00 F. 0. B. Dubuque, for furnish- ing one four wheel drive fire en- gine in accordance with the speci- fications heretofore approved, be and the same is hereby accepted and the City Manager is hereby directed and authorized to execute a contract therefore in behalf of the City of Dubuque. Passed, adopted and approved this 6th day of March 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- 88 Regular Session, March 6, 1961 ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0. 67.61 WHEREAS there is presented the petition of Hartmann Construc- tion Co., requesting vacation of unnamed street and portion of alley adjacent to Lot 1 of Lot 8 of Lot 3 of Mineral Lot 319, shown on plat accompanying said peti- tion, which plat has been prepared by Bartels & McMahan, Engineers, dated January 31, 1961; and WHEREAS the Planning and Zoning Commission of the City of Dubuque has recommended the vacation thereof; and WHEREAS said street and por• tion of alley has no public value. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the unnamed street and portion of alley adja- cent to Lot 1 of Lot 8 of Lot 3 of Mineral Lot 319 in the City of Dubuque, Iowa, be and the same is hereby ordered vacated. Section 2. That the City Clerk is hereby directed to publish notice of intent by the City of Dubuque to dispose of its interest in the unnamed street and portion of al- ley adjacent to Lot 1 of Lot 8 of Lot 3 of Mineral Lot 319 to Carl J. Hartmann and Arthur A. Hartmann for and in consideration of dedication of new alley as shown in plat on file in the office of the City Clerk. Passed, adopted and approved this 6th day of March, A.D., 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS 5CHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION N0. 68.61 WHEREAS the City of Dubuque acquired tax deed to Lots 3 and 4 in "Addition to Stout's Dubuque" in the year 1931; and WHEREAS through inadver- tence the deed from the Dubuque County Treasurer purported to convey to the City of Dubuque, Lot 3 and the north 6 feet of Lot 4 and the south 41 feet, 8 inches of Lot 4 in "Stout's Dubuque". NOW THEREFOR BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That upon petition presented to the City Council, the City of Dubu- que should dispose of whatever in- terest it acquired by reason of the tax deed to the actual owners thereof and that the City Clerk be and he is hereby ordered to publish notice of intent by the City of Dubuque to dispose of interest in real estate with respect to Lot 3 and the northerly 6 feet of Lot 4 in "Stout's Dubuque" to Harry Edward O'Connell and Catherine Ann O'Connell and to dispose of the south 41 feet, 8 inches of Lot 4 in "Stout's Dubuque" to Nickolas G. Kieffer and Helen Kieffer. Passed, adopted and approved this 6th day of March, A. D., 1981, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0.69~61 WHEREAS Clarence J. Arlen and Dolores Arlen are the owners of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of "Clarence Arlen Flace" in the County of Dubuque, Iowa; and WHEREAS N, J, Kopp and Esther F. Kopp are in the process of platting and developing the pro- perty adjacent to the Arlen prop- erty; and Regular Session, March 6, 1961 WHEREAS the said Clarence J. Arlen and Dolores Arlen and the said N. J. Kopp and Esther F. Kopp have entered into an agreement whereby the said N. J. Kopp and Esther F. Kapp have been granted an easement across the property owned by Clarence J. Arlen and Dolores Arlen for the purpose of constructing and maintaining a public sanitary sewer and to con- nect the same to a sanitary lift station owned by the City of Du• buque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mayor be and he is hereby authorized and directed to execute on behalf of the City of Dubuque agreement made and en- tered into on the 24th day of Feb- ruary, 1961, by and between Clar- ence J. Arlen and Dolores Arlen, and N. J. Kopp and Esther F. Kopp. Passed, adopted and approved this 6th day of March, A. D. 1961 by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J: TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution, Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. March 1, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your con sideration is subdivision plat of Block 1 and 2 Carter Ridge Addi- tion. This subdivision is located on Carter Road at Kane Street and is owned by Nickolas J. Kopp. The Planning & Zoning Com- mission has approved this plat. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary 89 Councilman Schaller moved that the recommendation of the Plan- ning & Zoning Commission be ap• proved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Communication of attorney Ro- bert M. Bertsch requesting favor- able action on the proposed reso• lution approving "Carter Ridge Addition", presented and read. Councilman Schaller moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. RESOLUTION N0. 70.61 RESOLUTION APPROVING THE PLAT OF THE SUBDIVISION OF BLOCK 1 AND BLOCK 2 IN "CAR- TER RIDGE ADDITION" IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Block 1 and Block 2 in "Carter Ridge Addition" in the City of Dubuque, Iowa, by Nicholas J. Kopp and Esther F, Kopp, and WHEREAS, upon said plat ap• pears street and easements which the owners upon said plat have dedicated to the public forever; and, WHEREAS, said ,plat has been examined by the City Council and they find that the same conforms to the Statutes and Ordinances relating thereto, and that the grades have not been established or the streets graded, or the sur• facing, sewer and water mains in• stalled; NOW THEREFORE, BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Westmore Drive, together with easement for public utilities, as the same appear upon said plat, be and the same hereby are ac- cepted; Section 2. That the plat of the Subdivision of Block 1 and Block 2 in "Carter Ridge Addition" in the { 1 III II' w IIII IIC,I 90 Regular Session, March 6, 1961 City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and the City Clerk are here- by authorized and directed to en• dorse the approval of the City of Dubuque upon said plat, provided the owner of said property, here- inafter named, executes his written acceptance hereto attached, agree- ing: (a) To reduce Westmore Drive to grade as shown by the profile submitted with the plat; (b) To surface Westmore Drive as the same appears on said plat for a width of thirty-one (31) feet from curb to curb with eight-inch rolled stone base and bituminous concrete paving two and one-half (2~i) inches thick, type "A" curb and gutter, all in accordance with City of Dubuque standard specifications for bituminous concrete streets; (c) To install water mains in ac- cordanee with the plans sub- mitted with said plat; (d) To install sanitary sewers in accordance with the plans sub• mitted with the plat; (e) To install sanitary sewer and water house laterals for each lot from the main to the street property line; (f) To construct sidewalks; (g) To construct the forgoing im- provements in accordance with the plans and specifications approved by the City Manager under the inspection of the City Engineer and in the man- ner approved by the City Mana• ger, (h) To maintain the street and sidewalk improvements for a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer and water main for a period of four (4) years from the date of their acceptance; (i) To provide the foregoing con- struction and maintenance, all at the expense of Nicholas J. Kopp and Esther J. Kopp, as owners; (j) To construct said improve- ments prior to March 1, 1963; and further provided that Nicholas J. Kopp and Esther F, Kopp, as owners of said Subdivision secure the performance of the foregoing conditions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Nieh• olas J. Kopp and Esther F. Kopp shall fail to execute the acceptance and provide the security provided for in Section 2 herein within forty-five (45) days from the date of this resolution, the provisions herein shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 6th day of March A,D. 1961. JOHN P. SCHItE1BER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN Pr:r~tc J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk This is to certify that the se• curity provided by the foregoing Resolution No. 70.61 has been pro vided by the owners. Dated at Dubuque, Iowa, this 10th day of March A. D. 1961. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION N0. 1061 Nicholas J, Kopp and Esther F. Kopp, being familiar with the terms and conditions of the fore- going Resolution No. 70.61 hereby accept the same and agree to per- form the conditions required of them therein. Dated at Dubuque, Iowa, this 9th day of March A. D, 1961. Nicholas J. Kopp Esther F. Kopp Councilman Schaller moved the adoption of the resolution, Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Keaa, Schaller, Schueller, Ta- kos. Nays-None. ORDINANCE NO. 13.61 Aa Ordinance granting Nicholas J. Kopp and Esther F. Kopp the right to construct Sanitary Sewers and Water Mains in the following Street and property in the City of Dubuque, Iowa: Westmore Drive from Carter Road to the west end Regular Session, March 8, 1961 91 of Lot 9, Block 1 in "Carter Ridge Addition" in the City of Dubuque, Iowa, and ,providing the terms and conditions thereof, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kean. Car• ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three ~ separate days. Seconded by Coun- ~ ` Gilman Kean. Carried by the fol• lowing vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. ORDINANCE ND. 13.81 AN ORDINANCE GRANTING NICHOLAS J. KOPP AND ESTH- ER F. KOPP THE RIGHT TO CONSTRUCT SANITARY SEW- - ERS AND WATER MAINS IN THE FOLLOWING STREET AND PROPERTY IN THE CITY OF DUBUQUE, IOWA: Westmore Drive from Carter Road to the west end of Lot 9, Block 1 in "Carter Ridge Addition" In the City of Dubuque, Iowa, AND PROVIDING THE TERMS AND CONDITIONS THEREOF; i ti BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Nicholas J. Kopp and Esther F. Kapp be and they are hereby granted the right to construct an 8'' sanitary sewer and a 8" water main in the follow- ing street and property In the City of Dubuque, Iowa: Westmore Drive from Carter Road to the west end of Lat 9, Block 1 in "Carter Ridge Addition" in the City of Dubuque, Iowa, upon the following terms and con- ditions: P (a) That the grantees agree to v + construct said sewer and water mains within one (1) year Prom the date of adoption of this Or- dinance and pay the entire coat thereat, including the cost of pub- lication and inspection; (b) That said sewer and water •~ ' mains shall be constructed in ac- { cordance with the plans approved by the State Department of Health and the City Manager and under the supervision and direction of the Ctty Manager and Ctty Ett- gineer; (c) That the grantees shall enter into a contract for the conatruc• ~` tion of said sewer and water mains with swell-qualified con- tractor, which contract, among other things, will contain a clause requiring the contractor to obtain all necessary permits required by the City of Dubuque, Iowa, or any other governmental agency, a clause obligating the contractor and his bondsmen to keep said sewer and water mains in good repair for a period oP not less than four (4) years from the date of acceptance of the work and a clause requiring the contractor to furnish a surety bond with the City of Dubuque Iowa, named ae one of [he obligees guaranteeing the faithful performance oY said con- tract; (d) That upon completion of said sewer and water mains and the acceptance of the same by the City Council, said sewer and water mains shall became public sewer and water mains under the exclusive charge and control o[ the City of Dubuque and Its free use as such shall no[ be interfered with by the grantees or their suc- cessors or assigns; (e) That the grantees herein have entered into an easement agreement, dated the 24th day of February, 1981, with Clarence J. Arlen and Delores Arlen, the rec- ord title holders to Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lat 1 of 'Clarence Arlen Place" in the City of Dubuque, Iowa, whereby the sold Clarence J. Arlen and De- lores Arlen, and their heirs, ex- ecutors and grantees, in consider- ation for the grant of easement through, over and in said property to Nichols J. Kopp and Esther F. Kopp, the grantees herein, shall have the right to connect to said sewer which is to be installed by the grantees and accepted by the City of Dubuque as shall be neces- sary for the development of the above-described property, free and clear of any connection fee for connecting their sewers to the sewer for which the easement la granted. Seaton 2. The authority grant- ed herein shall terminate an May 1, 1961, unless the terms and con- ditions of this Ordinance are ac- cepted in writing by the grantees prior to that date. Section 3. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as provided by law. PASSED, ADOPTED AND AP- PROVED this 8th day of March A. D., 1981. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE OF ORDINANCE NO. 13.81 Nicholas J. Kopp and Esther F. Kopp, having full knowledge and understanding of all the terms and conditions of Ordinance No. 13-61 hereby accept the same as passed and agree to comply with the terms and conditions thereof. Accepted this 9th day of March A.D. 1981. NICHOLAS J. KOPP ESTHER F. KOPP Published officially in the Tele- graph-Herald newspaper this 14th day of March 1961. LEO F. FROMMELT lt. 3/14 City Clerk Councilman Schueller moved the adoption of the Ordinance. Second- f~~ ~i 4- ii ~~, i 7f,. Is 11 ~1 ~'' I ',,YII 92 Regular Session, March 6, 1961 ed by Councilman Kean, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None, RESOLUTION N0. 1161 WI)EREAS, 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 that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMITS Herbert E. & Emil F. Althaus, 1575 Central Ave. Donald M. Love, 250 West fith Street Marionette Tindell, 553 Eighth Avenue Robert A. Brillhart, 336 Main Street Josephine A. Burke, Fischer Build- ing CLASS "B" BEER PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adapted and approved this 6th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUFr.r.FR LOUIS SCHALLER JAMES J. KEAN Pr;r~R J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION NO. 121 Wnr:nEA5, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap• proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to camgly with the ordinances of this City and they have filed ,proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS "B" BEER PERMIT Herbert E. and Emil F, Althaus, 1575 Central Ave. Donald M. Love, 250 West 6th Street Marionette Tindell, 553 Eight Ave- nue Robert A. Brillhart, 336 Mai n Street. CLASS "B" BEER PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street BE 1T FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 6th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. RESOLUTION N0. 73d1 BE 1T RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Howard F. McCauley, 2002 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap• plication be approved. +; Regular Session, March 6, 1961 93 Passed, adopted and approved this 6th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT f City Clerk Mayor Schreiber moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Councilman Schaller moved that the rules be suspended in order to . let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- i kos. Nays-None. Mr. Earl Bock addressed the Council by thanking them for the order of the new fire engine. Mayor Schreiber appointed Coun- r ? cilmen Takos and Kean to serve on the Executive Board of the United Fund of Dubuque Inc. for one year. There being no further business Councilman Schueller moved to ad• journ. Seconded by Mayor Schrei• ber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. LEO F. FROMMELT City Clerk ,~ ~, k Approved ................................19........ Adopted ..................................19........ Councilmen: • .................................... Attest ................................................ City Clerk a 4 94 Special Session, March 13, 1961 CITY COUNCIL OFFICIAL Special Session, March 13, 1961. Ceuncil met at 7:30 p.m. Present-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. City Manager Gilbert D. Chavenelle. Mayor Schreiber read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing on a resolution of Necessity proposed for passage and adoption for a Storm Water Pumping Unit and all appurtenances to be installed and placed in operation at the existing pumping station on the City of Dubuque Flood Control Levee between 12th and 16th street and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Proof of Publication, certified to by the Publisher, of Notice of Pen• dency of Resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications form of contract and cost of improvements far the construc- tion and installation of a Storm Water Pumping Unit and all appur- tenances to be installed and in operation on the City Flood Con• trol Levee between 12th and 16th Streets, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schaller moved that the proof of publication be received and filed. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im• provements. RESOLUTION N0. 74.61 WHEREAS, proposed plans and specification and form of contract for the construction of a storm Water Pumping Unit and all appur• tenances to be installed and placed in operation at the existing Pump- ing Station on the City of Dubuque Flood Control Levee between 12th and 16th Street. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 13th day of March, 1961; and WHEREAS, the City Council met in special session this 13th day of March, 1961, at 7:30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro- posed plans, specifications or coa• tract for or cost of the improve- ment herein described and pro• posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci• fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adapted. BE 1T FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 13th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN rr rc,R J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk I: ~. ~; ~~ n l , a Special Session, March 13, 1981 95 Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Kean. Carried by the following vote: Yeas-=Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos, Nays-None, (Necessity for Improvement) RESOLUTION N0. 25.61 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind. 2. An estimate of the cost of the proposed improvement, for the construction of a Storm Water Pumping Unit and all appur• tenances to be installed and placed in operation at the existing pump- ing station on the City of Dubuque Flood Control Levee between 12th St. and 16th St. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the City of Dubuque 1960 Storm Sewer Pro- ject. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 9th day of February, 1981, Approved and placed on file for final action. The foregoing resolution was finally passed and adopted, as pro posed, by the City Council this 13th day of March 1961, JOHN P. SCHRED3ER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. (Ordering Construction) RESOLUTION N0. 75.61 BE 1T RESOLVED BY THE CTfY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu• tion of necessity No. 25.61 which was duly passed by this Council for the construction of a Storm Water Pumping Unit and all appur- tenances to be installed and placed in operation at the existing pump- ing station on the City of Dubuque Flood Control Levee between 12th Street and 16th Street. Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be conttructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid from the City of Dubuque 1960 Storm Sewor Project after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council and the City Clerk be and he is hereby directed to advertise for bids for construc- tion of the improvement. 96 Special Session, March 13, 1961 Special Session, March 13, 1961 97 Passed, adopted, and approved yor Schreiber as an official dele- the Civil Service Commission con• towns, and that this deficit for this 13th day of March, 1961. gate to the World Conference of ducted an Entrance Examination urban streets is much greater JOHN P. SCHREIBER Local Governments from June 14 on March 2, 1961, for those seek- relative to that of the several Mayor to June 20 in Washington, D.C., ing positions of Garage Mechanic. counties; and LEO N. SCHUELLER presented and read. Councilman The following are the names of on the equitable basis WHEREAS LOUIS SCHALLER Schueller moved that the commu- those who passed the written exam- , of the miles of travel to be borne JAMES J. KERN nication be referred to the Coun• inatian with an average of 70% by each class of street and road, PETER J. TAKOS cil. Seconded b Councilman Ta- y or better, and on a fair adjustment of high- Councilmen kos. Carried by the following vote: Roy M. Raines 81.7% way costs between the traveler Attest: LEO F. FROMMELT, Yeas -Mayor Schreiber, Coun- ~ Ivan S. Dow 78.3% and the abutting property owner City Clerk cilmen Kean, Schaller, Schueller, Donald W. Markee Sr. 71.3% the fact finding is that at least Mayor Schreiber moved the ad- ~' Takos. Marvin Manders 70.4% 15 percent of the road use tax ~ option of the resolution. Seconded Nays-None. Respectfully submitted, fund should be allocated to by Councilman Kean. Carried by March 7, 1961 J. A. CAREW municipalities, and the following vote: To the Honorable Mayor and Chairman Yeas -Mayor Schreiber, Coun- Members of the City Council, LOUIS J. LAGEN WnrxEAS, the Iowa Highway cilmen Kean, Schaller, Schueller, Dubuque, Iowa LEROY H. GILES, Study Committee, after careful Takos. Gentlemen: Members of Civil review of alt findings has recom- Nays-None. In accordance with the pro- Service Commis• mended that 15 percent of the Communication of the Iowa State visions of the Code of Iowa, 1958, sion. road use tax fund be distributed Department of Health issuing per- the Civil Service Commission con• Attest: LEO F. FROMMELT, to Iowa cities and towns; mil No. 61.41.5 for the construe- ducted an Entrance Examination Clerk of Civil Ser- NOW THEREFORE BE IT RE- tion of 2163' of 8" sanitary sewer I on March 2, 1961, for those seek- vice Commission SOLVED BY THE CITY COUNCIL in St, George Subdivision, present- I ing positions of Assistant Electrical Subscribed and sworn to before OF THE CITY OF DUBUQUE, ed and read. Councilman Takos I Inspector, me this 7th day of March 1961. ~ IOWA: moved that the communication be The following are the names of ROBERT J. 0 BRIEN received and filed. Seconded by those who passed the written ex- Notary Public That the recommendation of the Mayor Schreiber. Carried by the amination with an average of 70% (Notarial Seal) Iowa Highway Study Committee following vote: Yeas -Mayor Schreiber Coun• or better. Keith Kline 86,4% Councilman Schaller moved that with regard to the distribution of the road use tax fund be fav- , cilmen Kean, Schaller, Schueller, A. J. Willging 77 % the communication be received and made a matter of record Seconded orably acted upon by the Fifty- Takos. Donald Brauhn 71.8% . by Councilman Kean. Carried by Ninth General Assembly. Nays-None. Respectfully submitted, the following vote: BE IT FURTHER RESOLVED Communication of the Iowa State J. A. CAREW Yeas -Mayor Schreiber Coun- That the City Clerk be and is Department of Health issuing per• Chairman , cilmen Kean, Schaller Schueller, hereby directed to forward a mil No. 61.42-5 for the construe- LOUIS J. LAGEN , Takos. copy of this Resolution to State lion of 1353' of 8" sanitary sewer LEROY H. GILES Nays-None. Senator Andrew Frommelt and in Lewis Heights (Carter Ridge Members of Civil State Representatives John Duffy Subdivision), presented and read. Service Commis• RESOLUTION N0.76.61 and Thomas O'Toole with the re• Councilman Takos moved that the I sion. WHEREAS, the Fifty-Eighth Gen- quest that their full support be communication be received and Attest: LEO F. FROMMELT, ~ eral Assembly of the State of given to implementing by legis- filed. Seconded by Mayor Schrei• Clerk of Civil Ser- Iowa established the Iowa High- lotion the report of the Iowa ber. Carried by the following vote: vice Commission, way Study Committee and auth- Highway Study Committee in Yeas -Mayor Schreiber, Coun• Subscribed and sworn to before orized investigations of highway its recommendation that towns cilmen Kean, Schaller, Schueller, me this 7th day of March, 1961. needs and the financing of those and cities receive a fair share of Takos, ROBERT J. O'BRIEN, needs by two nationally recog- not less than 15 percent of state Nays-None. Notary Public j nized agencies;--all to the pur- road use tax funds. Communication of Mel Mai sug- (N°tarial Seal) ' pose of reporting factual findings passed, adopted and approved gesting that the proposed museum Councilman Schaller moved that to the General Assembly now in this 13th day of March, 1961. should be in the business section the communication be received and session; and JOHN P, SCHREIBER of the City and recommending the made a matter of record. Seconded I WHEREAS, during the past two Mayor property for use on the west side by Councilman Kean. Carried by years all of the highways under LEO N. SCHUELLER of Main from 12th to 13th streets, the following vote; ,' the jurisdiction of the State and LOUIS SCHALLER presented and read. Councilman Yeas -Mayor Schreiber, Coun• all of the streets and roads with- JAMES J, KEAN Schaller moved that the communi- cilmen Kean, Schaller, Schueller in each county, city and town PETER J. TAKOS cation be referred to the Council. , Takos. have been surveyed and apprais- Councilmen Seconded by Councilman Schueller. Nays-None, ed as to use, condition and future Attest: LEO F. FROMMELT Carried by the following vote: March 7, 1961 requirement; and City Clerk Yeas -Mayor Schreiber, Coun- To the Honorable Mayor and WHEREAS, the fact finding shows Mayor Schreiber moved the adop- cilmen Kean, Schaller, Schueller, Members of the City Council, '' that under the present distribu- lion of the resolution with the hope Takos. Dubuque, Iowa lion of the road use tax fund that the support of all civic, labor Nays-None. Gentlemen: there is not sufficient money and fraternal organizations of the j Communication of American Mu- Tn accordance with the pro- available to meet the cost of City could be included. Seconded nicipal Association appointing Ma- visions of the Code of Iowa, 1958, streets within the cities and by Councilman Schaller, Carried 98 Special Session, March 13, 1961 by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. February 16, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is final plat of St. George Street Sub, Eldon Herrig owner, This plat has been approved by the Planning and Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. RESOLUTION N0. 77~d1 Resolution approving the Plat of St. George Subdivision. Whereas, there has been filed with the City Clerk a plat in which Lot 1 and Lot 2 of Oak Grove Ad- dition, Lot 1 of Lot 1 of Lot 7 of Ryder's Subdivision, in the City of Dubuque, Dubuque County, Iowa, by Eldon T. Herrig and Mar- jorie E. Herrig, husband and wife as Owners thereof; and Whereas upon said plat appears streets and easements which the owners, upon said plat, has dedi- cated to the public forever; and Whereas said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto, and the grade of the streets have not been established or the streets graded, sidewalks in- stalled, ar the surfacing or neces- sary utilities installed; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of "St. George St.," "Samuel St.," and "Steven Court," together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of the Subdivision of Lot 1 of Oak Grave Addition, Lot 2 of Oak Grave Addi• tion and Lot 1 of Lot 1 of Lot 7 of Ryders Subdivision in the City of Dubuque, Iowa, which will be hereafter known as Block 1, Block 2, Block 3, and Block 4 of St. George Subdivision in the City of pubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque upon said plat, provided the own- ers of said plat, hereinafter named, executes his written acceptance hereto attached, agreeing: A. To reduce St. George St., Sam- uel St., and Steven Court to grade as shown by the profiles submitted with the plat; B. To surface St. George 5t., Samuel St., and Steven Court as appears upon said plat for a width of (30) feet from curb face to curb face with six inch plain concrete pavement with integral curb, all in accordance to the City of Du- buque standard specifications. C. To install concrete sidewalks on both sides of St. George St., Samuel St., and Steven Court in accordance with City of Dubuque Standard Specifications for Perma- nent Sidewalks, D. To install watermains in ac- cordance with plans submitted with the plat; E. To install sanitary sewers in accordance with plans submitted with the plat. F. To install sanitary sewer and water house laterals for each lot from the main to the street prop- erty line. G. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engi- neer; H, To maintain the street im• provements, sidewalks, sanitary sewers, and water mains fora peri- od of four (4) years from the date of their acceptance; I. To provide the foregoing con- struction and maintenance at the expense of the Owner; d i~ k? ~i l= ~< ,r Special Session, March 13, 1961 99 J. To construct said improve- ments, except sidewalks, prior to November 1, 1962; K. To construct said sidewalks prior to November 1, 1963; And further provided that Eldon T. Herrig and Marjorie E, Herrig, as Owners of said Subdivision, se• cure the performance of the fore- going conditions by providing se- curity in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event the said Eldon T. Herrig and Marjorie E. Herrig, shall fail to execute the acceptance and provide the secur• itY provided for ip Section 2 here- of within forty-five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective, Passed, adopted and approved by recorded roll call vote this 13th day of March, A.D. 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk This is to certify that the secur• ity provided by the foregoing Reso- lution No, 77.61 has been provided by the owners. Dated at Dubuque, Iowa this 27th day of March, A.I). 1961. Gilbert D. Chavenelle City Manager Acceptance of Resolution No. 71.61 Eldon T. Herrig and Marjorie E. Herrig having full knowledge and understanding of all the terms and conditions of Resolution No. 77.61 hereby accepts the same as passed and agree to perform the condi- tions required of it therein. Dated this 27th day of March A,D,, 1961. By Eldon T. Herrig Marjorie E, Herrig Councilman Schaller moved the adoption of the resolution. Secand• ed by Councilman Kean, Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos, Nays-None. Petition of Eldon Herrig re- questing permission to consttuct an 8" sanitary sewer in Bush Street and Samuel Street in ac• cordance with the subdivision plans approved by the City Engi- neer far St, George Subdivision, presented and read, Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. ORDINANCE N0, 1461 An Ordinance granting Eldon Herrig the right to construct a San- itary Sewer in Bush Street and Samuel Street and providing the terms and conditions thereof, pre- sented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance, Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. ORDINANCE N0. 14.61 An Ordinance Granting Eldon Herrig the right Yo construct a Sanitary Sewer in Bush Street and Samuel Street and Providing the Terms and Con- ditions thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Soction 1. That Eldon Herrig be and he is hereby granted the right to construct an (8") Vitrified ills pipe sanitary sewer in Bush Street from manhole No. 2 to Manhole No. 5 In Samuel Street from the existing manhole Northwesterly to the subdivision line in accordance with the subdivision plans approv- ed by the City Engineer of St. George Subdivision upon the fol- lowing terms and conditions; b.: ~, ~ i! ~!!', ~~ 1i ~` III IY Ili '~~~~~`I a'. ~l ~' 'I 'll ' I. f,i i ~'' j ~+ ~,~: ~ li ~~~~! ~{ ~~ ~'o! Ir ~~' I i. u 100 Special Session, March 13, 1961 (a) That grantee agrees to con- struct said sewer within one year from the date of the adoption of this Ordinance and pay the entire cost thereof including the cost of restoring the surface of the street. (b) That said sewer shall be con- structed in accordance with the plans approved by the State De- partment of Health and the City Manager and under the supervision and direction of the City Manager and City Engineer. (c) That grantee will enter Into a contract for the construction of said sewer with a qualified con- tractor which contract among other things will contain a clause requir- ing the contractor to obtain all ^ecessary permits required by the City of Dubuque or any other gov- ernmental agency, a clause obli- gating the contractor and his bondsmen [o keep said sewer in good repair for a period of not less than four years From the date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful performance of said con- tract. (d) That upon completion of said sewer and the acceptance oY the same by the City Council said sewer shall become a public new- er under the exclusive charge and control of the City of Dubuque and its free use ae such shall not be interferred with by grantee or his successors or assigns. Section 2. That the authority granted herein shall terminate on July 1st, 1961 unless the terms and conditions of this Ordinance are accepted in writing by the grantee prior to that date. Section 3. After said sewer has been completed and the total cast thereof has been paid by grantee, the grantee herein shall file with the City Council a certified state- ment showing in detail all amounts paid out by him in connection with the construction of said sewer, in- cluding engineering fees and the cost of restoring the suMace cf the street. Thereafter, any person or persona desiring to connect with said sewer except the grantee here- in, shall first apply to the City Manager for permission to so do and such permission shall be grant- ed upon condition that the aunli- cant pay to the City Treasurer, for the account of the grantee herein, a connection charge in an amount which will be fixed by Resolution of the City Council at the time of the acceptance of the said sewer. However, such connection charge shall not be exacted for any ex- tension of said sewer made by the City of Dubuque or its permitees. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as provided by law. Passed, adopted and approved this 13th day of March 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE OF ORDINANCE NO. 14.61 Eldon Herrig, having full knowl- edge and understanding of all the terms and conditions oY Ordinance No. 14.61 hereby accepts the same as passed and agrees to comply with all the terms and conditions thereof. Accepted this 13th day of March lssl. ELDON T. HERRIG Published officially in The Tele- graph-Herald newspaper this 16th day of March 19s1. LEO F, FROMMELT lt. 3/16 City Clerk Councilman Schueller moved the adoption of the Ordinance, Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0. 7861 BE 1T RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Marionette Tindell, 553 Eighth Avenue BE IT FURTHER RESOLVED THAT THE BONDS filed with the application be approved. Passed, adopted and approved this 13th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0. 79.61 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 ~r 6 1 Special Session, March 13, 1961 101 that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMITS Mrs. Alice H. Erschen, 2620 Uni- versity Avenue Mrs. Alma Henkel, 241 Main Street Raymond B. McLaughlin, 2222 Cen- tral Avenue Mrs. Ione Miller, 1322 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 13th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved Che adoption of the resolution. Second- ed by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0. 80.61 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al 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 RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the fol- lowing named applicants a beer permit. CLASS "B" BEER PERMIT Mrs. Alice H. Erschen, 2620 Uni- versity Avenue Mrs. Alma Henkel, 241 Main Street Raymond B, McLaughlin, 2222 Cen• tral Avenue Mrs, Ione Miller, 1322 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed by such appl• cants be and the same are hereby approved. Passed, adopted and approved this 13th day of March, 1961, JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOULS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Councilman Schueller moved that the City Manager be author- ized to spend $50 for support and membership in the Inter Ameri• can Municipal organization, Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos, Nays-None. Councilman Takos moved that the Council and Manager examine two areas of complaints as ten- dered to each of us relative to our insurance program as to re- view of rates and administration. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. LEO F, FROMMELT City Clerk 102 Special Session, March 13, 1961 Approved ................................1961. Adopted ..................................1961. Councilmen ...................................... Attest ................................................ City Clerk 1 Special Session, March 27, 1961 103 CITY COUNCIL 5. Bush Street from the West Property Lino of Esther Street ~ to the West end of Bush OFFICIAL Street. 6. Riker Street from West Prop- Special Session, March 27, 1961, erty Line of Valley Street t0 Council met at 7:30 P.M, the West end of Street. Present-Mayor Schreiber, Coun- 7. Valley Street from West cilmen Kean, Schaller, Schueller, Property Line of Southern Takos. City Manager Gilbert D. Avenue to the North Property Chavenelle. Line of Mt. Loretta Avenue. Mayor Schreiber read the call 8. West 7th Street from West and stated that notice thereof had Property Line of Hill Street been duly made and that this meet- to the West Property Line of ing is called for the purpose of Prospect Street, north side conducting a public hearing on the only, ~ resolutions of Necessity on the 8. Samuel Street from North following proposed 1961 street im- Property Line of Southern provement programs; City of Du- Avenue to the South Property bugue 1961 Concrete Curb & Gut• Line of Levi Street. ter Project No, 1, Sections I and 10. Lorimer Street from North + II; City of Dubuque 1961 Bitumi- property Line of Levi Street nous Paving Project No, 1, Sec- to the North Property Line of lions I, II and III; City of Dubuque South Avenue Addition. 1961 Concrete Paving with Integral 11 Rockdale Road -north side Curb Project No. 1, Sections I and . only -from City Limits to II (Alternate); City of Dubuque ~+ 1961 Concrete Paving with Integral North Property Line of Lot 2 Curb Project No. 1; Maintenance of 2 of 1 of 1 of 1 of 1 of 1 resurfacing with foamed asphalt of 1 of 1 of 2 of Mineral Lot Liquid Mastic, and acting on any 12. other business as may properly 12. Lenox Avenue from North come before a regular meeting of Property Line of Van Buren the City Council, Avenue to the South Property Proof of Publication, certified to Line of Pennsylvania Avenue. by the Publisher, of Notice of SECTION II Pendency of Resolution of Neves- 1. Riker Street Extension from sity for public improvements and East Property Line of Rush hearing upon proposed plans, spec- Street to the West Property ifications, form of contract for the Line of Dunn Court, presented construction of City of Dubuque and read. 1961 Concrete Curb & Gutter Councilman Schaller moved that Project No. 1, Sections I and II the proof of publication be re• on the following portions of the ceived and filed. Seconded by following named streets: Councilman Takos. Carried by the SECTION I following vote: 1. O'Neill Street from West Yoas-Mayor Schreiber, Council- Property Line of Burden Ave• men Kean, Schaller, Schueller, Ta- nue to the East Property Line kos. of Lot 101 Belmont Addition. Nays-None. 2. Emerson Street from the Southeast Property Line of petition of Walter Graham et al Prescott Street to the North (11 signers) objecting to the curb West Property Line of Lin- & utter and surfacin of Samuel g g coin Avenue Street, presented and read. Coun- . Carlton Avenue from the West 3 Gilman Schueller moved that the . Property Line of Brown Ave- petition be received and filed, Sec• nue to the Southwest end of onded by Councilman Takos. Car- I Street. ried by the following votes 4. St. George Street from North Yeas-Mayor Schreiber, Council• Property Line of Bush Street men Kean, Schaller, Schueller, Ta- to the South Property Line of kos. Mt, Loretta Avenue. Nays-None. 104 Special Session, March 27, 1961 Petition of Willis G. Lyons et al (17 signers) objecting to the im• provement of Valley Street, pre- sented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None, Petition of Donald F. Jungk et al (40 signers) objecting to the surfacing of Woodlawn street, pre- sented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of A. B, Wirzbach et al (10 signers) objecting to the sur- facing of Dunleith Court, pre- sented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. Petition of Joseph Duschek et al (9 signers) objecting to the sur- facing of Lombard street, present- ed and read. Councilman Schueller moved that the petition be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. Petition of Mrs. Edna Lorenz et al (7 signers) objecting to the im- provement of O'Neill Street from Burden to Brunswick, presented and read. Councilman Schueller moved that the petition be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None, Petition of Leo A. Adams et al (5 signers) objecting to the surfac- ing of Robin Street, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Mabel M. Egelhof et al (9 signers) objecting to the ex- tension and improvement of Riker Street Extension, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Ta- kos, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Metz Mfg. Co. object- ing to the surfacing of E. 16th street from Elm street to the rail- road tracks, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Mary Cunningham objecting to the Riker Street Ex- tension unless the City pay for some of her land and pick up the assessments, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Petition of Frank Van Duelman et al (32 signers) objecting to the surfacing of E. 16th Street, pre- sented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Clara Markey Farr objecting to the surfacing of part of Lombard Street, presented and Special Session, March 27, 1961 105 read. Councilman Schueller moved t that the petition be received and filed. Seconded by Councilman Ta- ~ kos. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Dr. and Mrs. Gerhard °! Krodel objecting to the surfacing of part of Lombard Street, pre- sented and read. Councilman Schueller moved that the petition be received and filed. Sconded by Councilman Takos. Carried by ' the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Anthony Rhomberg ~ objecting to the proposed curb & gutter and surfacing of W. 7th Street, presented and read. Coun- cilman Schueller moved that the petition be received and filed. Sec- onded by Councilman Takos. Car- ;~ ' Tied by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- tt kos. I' Nays-None. Petition of James A. Geladas et f al requesting a change of plans in the construction and improvement of W. 7th Street, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Kenneth J. Osterhaus '+ objecting to construction of Riker Street Extension presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Fred J. Hantelman et al objecting to the improvement of St. George Street presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: ,y Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None, Petition of David Kintzinger et al objecting to the improvement of St, George and Bush Streets, pre• sented and read; also remonstrance petition of David Kintzinger et al previously presented and read at the Council meeting of November 7, 1960, was re-read by request of petitioner Kintzinger. Councilman Schueller moved that the petitions be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Mrs. A. H. Bolte et al objecting to the curb & gutter improvement of Rockdale Road, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. Petition of Max Blum and Her- ald Walser objecting to the surfac- ing of 18th street, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Dubuque Packing Ca. requesting the paving of 16th street from Elm street to the west paint of Sycamore street only, pre- sented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of D. C, Kringle request- ing the improvement of Riker Street Extension, presented and read. Councilman Schueller moved that the petition be received and I I ~~ i r. u 1 II I i~ ~~ !{ 'ti 106 Special Session, March 27, 1961 filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Leonard Leib re- questing the improvement of O'Neill Street from Brunswick Street to Lots 102 and 103 Belmont Addition, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of St. Columbkille's Home School Assn, requesting fav- orable consideration for the exten- sion of Riker Street, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Schreiber, Councr7- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Councilman Schueller moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Takos, Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. A large group of taxpayers were present and addressed the Coun- cil as follows: Mr, Julius Welu and Albert Disch objected to the improvement of O'Neill street from Burden to Brunswick. Mr, Ed Kaufmann spoke in favor of the improvement because of the narrowness of the street. Mr. David Kintzinger and Ben Arquitt and Mrs, Smith objected to the improvement of St. George Street. Mr. Eldon Herrig was in favor of the improvement of St. George Street and offered to buy land from both Kintzinger and Arquitt to the rear of their prop- erties in the hope of relieving some of their assessment burden, All parties concerned left the Council Chamber to discuss the sale of the various properties but failed to come to a satisfactory agreement. Mr. Maurice Cook and John Win• ters, residents of Valley Street, objected to the proposed improve- ment of Valley Street bath as to curb & gutter and surfacing. Mrs. George Cable expressed herself by being in favor of the improvement of Valley Street which would help to improve the value of their prop- erty and also help to sell some of the empty lots on the Street. Mr. Ray Hantelman addressed the Council by stating that be was not opposed to the improvement of W, 7th Street but was somewhat concerned as to the grade of the street. He was assured that this would be taken care of when the street is improved. Mr. Harold Duggan addressed the Council as being in objection to the improvement of Samuel Street. Mr. Wm. Connery addressed the Council by being in favor of improving Samuel Street, Mr. James Lee addressed the Council by objecting to the pro- posed curb and gutter construction on Rockdale Road. Mr. Wm. Farnum, Miss Mabel Egelhof, Mrs. Scharff, Ken Oster- haus, and Miss Elizabeth Fitzpat- rick all addressed the Council ob- jecting to Riker Street Extension. Mr, Wm, Gassmann and attorney F. H. Becker spoke as being in fa- vor of Riker Street Extension. Councilman Schaller move d that O'Neill Street from Burden Street to Brunswick street be de- leted from the 1961 Curb & Gutter program. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Mr, Eldon Herrig agreed to grade Bush Street and St. George Street at his own expense. Council- man Schaller moved that St. George Street and Bush Street re- main in the 1961 improvement program. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor 'Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None, Special Session, March 27, 1961 107 Councilman Takos moved that curb and gutter should be con- structed in Valley Street this year and the street seal coated. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Councilman Schaller moved that Samuel Street be deleted from the City of Dubuque 1961 Curb & Gut- ter program. Seconded by the fol- man Takos. Carried by lowing vote: Yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Councilman Schueller moved that Rockdale Road be deleted from the Clty of Dubuque 1961 cur Counc 1- ter program. Seconded by man Kean. Carried by the follow- ing vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. Mayor Schreiber moved that Riker Street Extension be deleted from the City of Dubuque 1961 Curb & Gutter Program, Seconded by Councilman Takos. Carried by the following vote: yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Council Recessed at 10.45 P.M. and Reconvened at 10:55 P.M. RESOLUTION N0. Sl•61 RESOLUTION AMENDING RESO• LOTION N0. 42.61 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU BUQUE, IOWA: Section 1. That Resolution No 42.61, being a Resolution of Neces sity for the CITY OF DUBUQ 1961 CONCRETE CURB & GL rte PROJECT N0. 1, SECTIONS I an II, be and tihe same is hereb amended by deleting the followin portions of the following name streets therefrom: 1.0'Neill' Street from the wes property line of Burden Avenu to the East property line Brunswick Street. 2. Samuel Street from north pro ~ erty line of Southern Avenue t ~1~ the south property line of Levi Street. 3. Rockdale Raad-north side only -from City Limits to north prop- erty line of Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 2 of Min- eral Lot 12. Section II. Riker Street Extension from east property line of Rush Street to the west property line of Dunn Court. Passed, adopted and approved this 27th day of March 1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Sec- onded by Councilman Kean. Car• ried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays--None. Decision of Council upon objections to plans, specifications, farm of contract and cost of improvements RESOLUTION N0.82.61 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1961 Con- crete Curb & Gutter Project No. I, Section 1 has been approved by the City Council of the City of Dubuque as amended and public notice given as provided by Chap• ter 23 of the Code of Iowa, 1958, pertaining to public contracts and bonds, and the time and place fixed - for the hearing of al'1 objections to said plans, specifications or con- . tract for or cost of such improve- . ments, said time being this 27th UE day of March, 1961; and n WHEREAS, the City Council met d in special session this 27th day of y March, 1961, at 7:30 o'clock P.M. g at the Council Chambers in the d City Hall for the purpose of hear- ing all interested parties and con- t sidering any and all objections e which have been filed to the pro- of posed plans, specifications or con- tract for or cost of the improve~ p• ment herein described and pro- o posed to be made; and 108 Special Session, March 27, 1961 WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for ar cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 27th day of March, 1961. JOHN P, SCHREIBEft Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays_None. (Necessity for Improvement) RESOLUTION N0.42.61 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved, 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. thereof wh ch isaesti atedamo be assessed each lot, for the City of Dubuque 1961 Concrete Curb & Gutter Project No. 1, Section 1. 1• O'Neill Street from West Property Line of Brunswick Ave- nue to the East Property Line of Lot 103 Belmont Addition. 2. Emerson Street from the Southeast Property Line of Pres- cott Street to the North west prop- erty line of Lincoln Avenue. 3. Carlton Avenue from the West Property Line of Brown Avenue to the. Southwest end of Street. 4. St. George Street from North Property Line of Bush Street to the South Property Line of Mt. Loretta Avenue. 5. Bush Street from the West Property Line of Esther Street to the West end of Bush Street, 6. Riker Street from West Prop• erty Line of Valley Street to the West end of Street. 7. Valley Street from West Prop- erty Line of Southern Avenue to the North Property Line of Mt, Loretta Avenue. 8. West 7th Street from East Property Line of Hill Street to the West Property Line of Prospect Street, North side only, 9. Lorimer Street from North Property Line of Levi Street to the North Property Line of South Avenue Addition. 10. Lenox Avenue from North Property Line of Van Buren Ave• nue to the South Property Line. of Pennsylvania Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time. of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance Special Session, March 27, 1961 109 with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of February, 1961. RECORD OF FINAL ADOPTION The foregoing resolution w a s finally passed and adopted, as amended, by the City Council this 27th day of March 1961. JOHN P. SCHRED3ER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta- kos. Nays-None. (Ordering Construction) (RESOLUTION N0. 83.61 Be it resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 42.61 which was duly passed by this Council, for the City of Dubuque 1961 Concrete Curb & Gutter Project No. 1 Sec- tion I, be and the same are hereby ordered and constructed by this Council as amended upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street funds of the city, Payment will be made to the contractor out of funds realized from the sale of bonds. Street Improvement bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Mayor Schreiber. Carried by ~~ 110 Special Session, March 27, 1981 the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta kos. Nays-None. Proof of Publication, certified t by the Publisher, of Notice of Pen dency of Resolution of Necessit for public improvements and hear ing upon proposed plans and speci- fications, form of contract and cost of improvements for City of Du- buque 1961 Bituminous Paving Project Na. 1, Sections I, H and III on the following portions of the following named streets: Section I 1, Lawndale Street from North Property Line of Park Street to North end of Street. 2, O'Neill Street from West Prop- erty Line of Burden Avenue to East Property Line of Lot 103 Belmont Addition. 3. Emerson Street from West Property Line of Lincoln Ave• nue to East Property Line of Prescott Street, 4. Carlton Avenue From West Property Line of Brown Ave- nue to Southwest end of Carl- ton Avenue. 5. St. George Street from North Property Line of Bush Street to South Property Line of Mt. Loretta Avenue. 6. Bush Street from West Prop- erty Line of Esther Street to West end of Street. ?. Riker Street from West Prop- erty Line of Valley Street to West end of existing Riker Street. 8. Woodlawn Street from North Property Line of Asbury Road to South Property Line of Lin- dale Street, 9. Lindale Street from West Property Line of Evergreen Drive to East Property Line of 13. Avoca Street from South Prop• arty Line of Cherry Street to North Property Line of De- corah Street. 14. Decorah Street from West o Property Line of Avoca Street to West Property Line of Irw Y ing Street. 15. Solon Street from East Prop- erty Line of Nevada Street to West Property Line of Booth Street. 16. Kookuk Street from Northwest Property Line of Primrose Street to Northwest end of Street. 17. Samuel Street from North Property Line of Southern Ave• nue to South Property Line of Levi Street. 18. Alpha Avenue from South Property Line of Illinois Ave- nue to North Property Line of Van Buren Street. 19, Dunleith Court from West Property Line of Southern Ave- nue to West end of Street. 20. Robin Street from West Prop- erty Line of English Lane to wort end of Street, 21. West 7th Street from East Property Line of Hill Street to West Property Line of Pros- pect Street. 22. Lorimer Street from North Property Line of Levi Street to North Property Line of South Avenue Addition. 23. St. Anne's Drive from West Property Line of Chaney Road to West Property Line of St. Anne's Subdivision, Block I. 24. Collins Street from North Property Line of St. Joseph Street to South Property Line of Lombard Street. 25. Lombard Street from West Property Line of Collins Street to West Property Line of Gon- dolfo Street, Lot 2.1.3 of Highland Park Ad- dition. Section II 10. Karen Street from West Prop- 1. Rikor Street Extension from arty Line of Evergreen Drive West Property Line of Dunn Court to th to East Property Line of Car- e East Property ter Road. Line of Rush Street. 11. Kevindale Street from North Section III Property Line of Karen Street 1. Lombard Street from North to South Property Line of Lin- Property Line of Dodge Street dale Street, 12. Valley Street from West Prop- to the West Property Line of Lot 2 of 1 of 1 of 1 of 1 of 1 arty Line of Southern Avenue to the North Property Line of of 2 of 1 of 1 and Lot 2 of Sisters Addition Mt, Loretta Avenue. . Presented and read. Special Session, Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Councilman Takos moved that O'Neill Street from Burden Ave- nue to Brunswick street be de- leted from the City of Dubuque 1961 Bituminous Paving Project No. 1, Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Mr. Vince Brown, George Tharp, Mike Ewert, and John Giegerich voiced their objections to the sur- facing of Woodlawn Street, due to the fact that there are still five empty lots on the street and also r the water main has never been ~ fully extended in the street. They ~ were given assurance that all con- ' nections will be made prior to surfacing and there is a possibility that the water main could be ex- tended on the inside of the curb. Councilman Schaller moved that deleted from the 1961~Bituminous Paving Project. Seconded by Mayor Schreiber. Carried by the follow- ing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Mr, Martin Huber addressed the Council objecting to the surfacing of Avoca Street, he being of the opinion that the street is still in pretty fair condition. Mayor Schreiber moved that the surfacing of Samuel Street be de- leted from the 1961 Bituminous Paving Project. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Mr. Tom Church objected to the surfacing of Alpha Street because of the small amount of travel on 1 March 27, 1961 111 the street and he also felt that the street was in fair condition. Councilman Schaller moved that the surfacing of Dunleith Court be deleted from the 1961 Bitumi- nous Paving Project. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Mr. Leo Adams addressed the Council by objecting to the surfac- ing of Robin Street. Councilman Schaller moved that the surfacing of Robin Street be deleted from the 1961 Bituminous Paving Project. Seconded by Coun- cilman Kean. Carried by the fol• lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Mayor Schreiber moved that Riker Street Extension surfacing be deleted from the 1961 Bitumi- nous Paving Project. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. RESOLUTION N0. 6461 Resolution Amending Resolution No. 46.61 BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 46• 61, being a Resolution of Necessity for the City of Dubuque Bitumi- nous Paving Project No. 1, Sections I, II, and )II, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Section 1, 1. O'Neill Street from the west property line of Burden Avenue to the east property line of Brunswick Streot. 2. Valley Street from west prop- erty line of Southern Avenue to the north property line of Mt. Loretta Avenue. 3. Samuel Street from north prop• arty line of Southern Avenue to South property line of Levi Street. 112 Special Session, March 27, 1961 4. Dunleith Court from west prop- erty line of Southern Avenue to west end of street. 5. Robin Street from west prop- erty line of English Lane to west end of street. Section II. 1. Riker Street Extension from west property line of .Dunn Court to the east property line of Rush Street. Passed, adapted and approved this 27th day of March 1961, JOHN P, SCHREIBER Mayor LEO N,SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of improvements. RESOLUTION N0. 85.61 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1961 Bituminous Concrete Paving Proj- ect No. I, Sections I and III have been approved by the City Council of the City of Dubuque as amended and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1958, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 27th day of March, 1961; and WHEREAS, the City Council met in special session this 27th day of March, 1961, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or Bost of the improve- ment herein described and pro• posed to be made; and WHEREAS, all interested par• ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore. BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de• scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap• proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and farm of cost said improvement be made a matter of permanent rec• ord in connection with said im- provement. Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Mayor Schreiber, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None, {Necessity for Improvement) RESOLUTION N0. 46.61 WHEREAS, 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 in the office of the City Clerk showing among other things the following: 1. Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. N, ~r ~ . ~ ,,. ,: ;~,; rt ,~. i ~,: *~ f ~" i; ~; rs Y Special Session, March 27, 1961 113 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1961 Bituminous Concrete Paving Project No, 1, Section I and III. SECTION I 1. Lawndale Street from North Property Line of Park Street to North End of Street. 2, O'Neih Street from West Property Line of Brunswick Ave- nue to East Property Line of Lot 103 Belmont Addition. S. Emerson Street from West Property Line of Lincoln Avenue to East Property Line of Prescott Street. 4. Carlton Avenue from West Property Line of Brown Avenue to Southwest End of Carlton Avenue. 5. St. George Street from North Property Line of Bush Street to South Property Line of Mt. Loretta Avenue. 6. Bush Street from West Prop- erty Line of Esther Street to West end of Street. 7. Riker Street from West Prop- erty line of Valley Street to West end of existing Riker Street. 8. Woodlawn Street from North Property Line of Asbury Road to South Property Line of Lindale Street. 9. Lindale Street from West Property Line of Lot 3 of Clarence Strub's Subdivision to East Prop- erty Line of Lot 2.1.30 of Highland Park Addition. 10. Karen Street from East Prop- erty Line of Lot 9 Black 1 Clover Hills Subdivision to East Property Line of Carter Road. 11. Kevindale Street from North Property Line of Karen Street to South Property Line of Lindale Street. 12. Avoca Street from South Property Line of Cherry Street to North Property Line of Decorah Street. 13. Decorah Street from West Property Line of Avoca Street to West Property Line of Irving Street. 14. Solon Street from East Prop- erty Line of Nevada Street to West Property Line of Booth Street. 15. Keokuk Street from North- west Property Line of Primrose Street to Northewst End of Street. 16. Alpha Avenue from South Property Line of Illinois Avenue to North Property Line of Van Buren Street. 17. West 7th Street from Easi Property Line of Hill Street to West Property Line of Prospect Street. 18. Lorimer Street from North Property Line of Levi Street to North Property Line of South Ave- nue Addition. 19. St. Anne's Drive from West Property Line of Chaney Road to West Property Line of St. Anne's Subdivision, Block 1. 20. Collins Street from North Property Line of St. Joseph Street to South Property Line of Lom- bard Street. 21, Lombard Street from West Property Line of Collins Street to West Property Line of Gondalfo Street. SECTION III 1. Lombard Street from North Property Line of Dodge Street to the West Property Line of Lot 2 of lofloflofloflof2oflofl and Lot 2 of Sisters Addition. 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 pro- posed 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 assessed upon and 114 Special Session, March 27, 1961 against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of February, 1961, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended by the City Council this 27th day of March, 1961. JOHN P. SCHREIBER, Mayor LEO N. SCHUELLER, LOUIS SCHALLER, JAMES J. KEAN, PETER J. TAKOS, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. (Ordering Construction- RESOLUTION N0. 86-61 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 46-61 which was duly passed by this Council, for the CITY OF DUBUQUE 1961 BITUM- INOUS CONCRETE PAVING PRO- JECT N0, 1, SECTIONS N0. I and III be and the same are hereby ordered and constructed by this Council as amended upon its awn motion and with or without the petition of property owners. All the work shall be constructed in accrordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of said improve- ments be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city Pay- ment will be made to the contrac- tor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 75 calendar days after no• tice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adop• tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None, Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces• sity for public improvements and Special Session, March 27, 1981 115 hearing upon proposed plans, and s specifications, form of contract and cost of improvements for the con- struction of City of Dubuque 1961 Concrete Paving with Integral Curb (Alternate) Section I and II, on the following portions of the follow- ing named streets; 1, Emerson Street from Southeast Property Line of Prescott Street to Northwest Property Line of Lincoln Avenue. 2. Carlton Avenue from West Property Line of Brown Avenue to Southwest end of Street. ~ 3. St. George Street from North Property Line of Bush Street to South Property Line of Mt. Loretta Avenue. 4, Bush Street from West Prop• erty Line of Esther Street to the West end of Bush Street. 5. Riker Street from West Prop- erty Line of Valley Street to the West end of the street. 6. Valley Street from West Prop- erty Line of Southern Avenue to North Property Line of Mt. Loretta Street. 7. Samuel Street from North Prop- erty Line of Southern Avenue to the South Property Line of Levi Street. 8. Lorimer Street from the North , Property Line of Levi Street to the North Property Line of South Avenue Addition. Section II: 1. Riker Street Extension from East Property Line of Rush ~ Street to West Property Line of Dunn Court, presented and read. Councilman Schueller move d that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. ~ Nays-None. Councilman Schaller moved that Valley Street be deleted from the City of Dubuque 1961 Concrete Paving with Integral Curb Project No. 1, Section 1 (Alternate). Sec- onded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. r Mayor Schreiber moved that Samuel Street be deleted from the City of Dubuque 1961 Concrete paving with Integral Curb Project No. 1, Section 1 (Alternate). Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Mayor Schreiber moved that Riker Street Extension be deleted from the City of Dubuque 1961 Concrete Paving with Integral Curb Project No. 1, Section II (Alter- nate). Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION N0. 87--61 RESOLUTION AMENDING RESOLUTION N0. 501 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That Resolution No. 50-61, being a Resolution of Necessity for the CITY OF DU- BUQUE 1961 CONCRETE PAVING WITH INTEGRAL CURB PROJECT N0. 1, SECTIONS I and II (AL- TERNATE), be and the same is hereby amended by deleting the following portions of the follow- ing named streets therefrom: Section I. 1. Valley Street from West Prop• erty Line of Southern Avenue to North Property Line of Mt. Loretta Street. 2. Samuel Street from the North Property Line of Southern Av- enue to the South Property Line of Levi Street, Section II. 1. Riker Street Extension from East Property Line of Rush Street to West Property Line of Dunn Court. Passed, adopted and approved this 27th day of March, 1961. JOHN P, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk 116 Special Session, March 27, 1961 Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the. following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos, Nays-None. Decision of Council upon objeo- tions to plans, specifications, form of contract and cost of improve• ments. RESOLUTION N0. 88-1 Whereas, proposed plans and specifications and form of contract for the City of Dubuque 1961 Con- crete Paving with Integral Curb Project No. 1, Section I (Alternate) have been approved by the City Council of the City of Dubuque as amended and public notice given as provided by Chapter 23 of the Code of Iowa, 1958 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 27th day of March, 1961; and Whereas, the City Council met in special session this 27th day of March, 1961, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be made a matter of permanent record in con- nection with said improvement. Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adop- tion of the resolution. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. (Necessity for Improvement) RESOLUTION N0. 50-61 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improvement. 4, Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be as- sessed against each lot, for the City of Dubuque 1961 Concrete Paving with Integral Curb Pro- ject No. 1, Section I (Alternate). 1. Emerson Street from Southeast Property Line. of Prescott Street to Northwest Property Line of Lincoln Avenue, 2. Carlton Avenue from West Property Line of Brown Avenue to Southwest end of street. 3. St. George Street from North Property Line of Bush Street to Special Session, March 27, 1961 117 South Property Line of Mt. Loretta Avenue. 4. Bush Street from West Prop- erty Line of Esther Street to the West end of Bush Street. 5. Riker Street from West Prop- erty Line of Valley Street to the West end of the street. 6. Lorimer Street from the North Property Line of Levi Street to the North Property Line of South Avenue Addition. Be It Therefore Resolved that the City Council on its own motion or r upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this 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 approvd by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided x by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of i deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street t or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 20th day of February, 1961. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as ~~ a ;. amended, by the City Council this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adop- tion of the resolution. Seconded by Councilman Schaller. Carried by the following vote.: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. (Ordering Construction) RESOLUTION N0. 89.61 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 50.61 which was duly passed by this Council, for the City of Dubuque 1961 Concrete Paving with Integral Curb Project No. 1, Section I (Alternate) be and the same are hereby ordered and con- structed by this Council as amend- ed upon its own motion and with or without the petition of prop- erty owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Payment will be made to the con• tractor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac• cepted by the City Council. BE 1T FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad• jp',i t, ~~, ij, 118 Special Session, March 27, 1961 vertise for proposals far the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 calendar days after notice to proceed is issued. BE 1'1' FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 27th day of March, 1961. JOHN P, SCHRED3ER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hear- ing upon proposed plans and speci• fications, form of contract and cost of improvements for the proposed construction of City of Dubuque 1961 Concrete Paving with Integral Curb, Project No. 1, an the fol• lowing portions of the following named streets: 1. 16th street from the east prop- erty line of Elm Street to a point 285 feet east of the east property line of Marsh Street. 2. 18th Street from east property line of Sycamore Street to west property line of Lynn Street, presented and read. Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-Nolte, Mr, Max Blum addressed the Council by objecting to the paving of 16th street from Elm street to the Railroad tracks, and also ab• jetted to the paving of 18th street from Sycamore to Lynn street, in support of his written objection read earlier in the meeting, Ref- erence was also made to petitions of objection previously read dur- ing this meeting as filed by Metz Mfg, Co., and Frank Van Duelman et al (32 signers), and a request for deletion of part of the paving of 16th street made by the Du• buque Packing Co, from Sycamore to Marsh street. Mr. Andrew Kisting, representa- tive of the Dubuque Packing Com- pany, requested that 16th street be paved from Elm Street to the east line of Sycamore street and 18th street from Sycamore to Lynn Street. Mayor Schreiber moved that 18th street from east property line of Sycamore street to the west property line of Lynn Street and 16th street from Sycamore to Marsh 285 east be deleted from the City of Dubuque 1961 Concrete Paving with integral curb project No. 1, Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0. 90.61 Resolution Amending Resolution No. 54.61 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 5461, being a Resolution of Neces- sity for the City of Dubuque 1961 Concrete Paving with Integral Curb Project No. 1, be and the same is hereby amended by de- leting the following portions of the following named streets therefrom: 1. 16th Street from east property line of Sycamore street to Marsh street, 285' east. 2. 18th Street from east property line of Sycamore street to west property line of Lynn Street. f, ; 1 ,' 1~~ r i Special Session, March 27, 1961 119 Passed, adopted and approved this 27th day of March 1961. JOHN P, SCHREHiER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Sec• onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Decision of Council upon object Lions to plans, specifications, form of contract end cost of im• provements. RESOLUTION NO. 91.61 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1961 Concrete Paving with Integral Curb, Project No. 1 have been ap• proved by the City Council of the City of Dubuque as amended and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cast of such improvements, said time being this 27th day of March, 1961; and WHEREAS, the City Council met in special session this 27th day of March, 1961, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro• posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de• scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec• ord in connection with said im- provement, Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. (Necessity for Improvement) RESOLUTION NO. 54.61 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated: to be as- sessed against each lot, for the City of Dubuque 1961 Concrete Paving with Integral Curb, Project No. 1 East 16th Street from the east property line of Elm Street ~!!~I `:I i'' ~i ~~' I '' ~ ~ :'j~;l pjpl 1; ~ 1 I~ ~, ~~~~F ,i~ it ; u~ i l 120 Special Session, March 27, 1961 to the west property line of Syca- more 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 con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of~ the street fund, Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of February, 1961. RECORD OF FINAL ADOPTION The foregoing resolution was fi• nally passed and adapted, as amended, by the City Council this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second• ed by Councilman Kean, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. (Ordering Construction) RESOLUTION NO. 92.61 BE 1T RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 54.61 which was duly passed by this Council, for the City of Dubuque 1961 Concrete Paving, Project No. 1, with Inte- gral Curb East 16th street from the east property line of Elm Street to the west property line of Sycamore Street, be and the same are hereby ordered and con- structed by this Council as amend- ed upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Pay- ments will be made to the contrac- tor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 calendar days after notice to proceed is issued, BE IT FURTHER RESOLVED that this resolution being deemed Special Session, March 27, 1961 121 urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- . ed by Councilman Schaller. Car• ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for Public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for Maintenance Resurfacing with foamed Liquid Asphalt on the following streets: Jackson Street from W. 32nd ^' Street to 12th Street. Loras Boulevard from Walnut Street to Glen Oak Street, 8th Street from Central Avenue to University Avenue, presented and read. Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- ~ men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Amalgamated Assn. of Street Electric Railway & Motor Coach employees objecting to the proposed type of maintenance re- surfacing far Jackson Street, pre- sented and read. Councilmah Schueller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of im• provements. RESOLUTION NO. 93.61 WHEREAS, proposed plans and specifications and form of contract far the Maintenance Resurfacing of the following named streets: with Foamed Asphalt Liquid Mastic: Jackson Street -from W. 32nd Street to 12th Street; Loras Blvd. -from Walnut Street to Glen Oak Street; 8th Street-from Central Avenue to University Ave., have been approved by the City Council of the City of Dubuque and pub• lit notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 27th day of March, 1961; and WHEREAS, the City Council met in special session this 27th day of March, 1961, at 7:30 o'clock P.M. at the Council Chambers in the City Hal] for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro• posed plans, specifications or con- tract for or cast of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci• fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- '~I 122 ord in connection with said im• provement. .Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the gdnption of the resolution Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, .Schaller, Schueller, Ta-. kos. Nays-None. (Necessity .for Improvement) ' ItESOLU.TION N0. 57.61 ,WHEREAS, proposed plans, spec- ifications, form of contract, plate have been duly prepared and ap• proved by the City Council of the. City of Dubuque and are now on. file in the office of the City Clerk. showing among other things" the following: 1. The streets to be improved. 2, The width of such improve- ment, and the size and .kind of sewers. 3. An estimate of the cast of the' proposed improvement, stating the same for each different type of construction and kind of material'. to be used. For the maintenance Resurfacing of the following named streets with Foamed Liquid Asphalt Mas- tic: Jackson Street-from W. 32nd Street to 12th Street; Loras Blvd. -from Walnut Street to Glen Oak Street; 8th Street-from Central Avenue to University Avenue, BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement. Said improvements shall be con- structed and done in accordance with the .plans and specifications which have been prepared there fore by the City Engineer which .have been approved by the City council and are now on file with the" City. Clerk. That the cost and .expense of `making said improve- ,Special Session, March 27, 1961 ment will be paid from the street improvement funds. The above resolution was intro- duced, approved- and ordered placed on file with the City Clerk this 20th day of February, 1961. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 27th day of March, 1961. JOHN P; SCHREIBER Mayor ,LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second• ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. (Ordering Construction) RESOLUTION N0. 9461 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 57-61 which was duly passed by this Council, far the Maintenance Resurfacing with foamed liquid asphalt on Jackson Street from W. 32nd to 12th Street; Loras Blvd, from Walnut street to Glen Oak Street; 8th Street from Central Avenue to University Avenue, be and the same are hereby ordered and con- structed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements will be paid out of the Street Improvement funds of the city. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed N i ,~. F M Special Session, March 27, .1961...... 123 on or before 30 days after notice to proceed is issued. BE I.T FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from a'nd after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of March; 1961, JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- ohdei} ; by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None, " Communication of Chamber of Commerce submitting a resolution adopted March 14, 1961, that the Vacationland Committee of the Chamber strongly recommends that the Ham House be turned over on a lease arrangement to the Dubuque County Historical Society to be used for a historical muse- um, presented and read. Council- man Schaller moved that the com- mdnication be referred to the Council. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Communication of Fischer In- vestment Co. advising that Mr. Cy Lampe is authorized to sign all necessary papers relative to de- posit of fill on their land along the river front, presented and read. Councilman Takos moved that the communication be received and ~i1ed. Seconded by Councilman Kean. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Communication of Mai Realty Co, submitting their views relative to the purchase of property on Main Street from 12th to 13th for the proposed museum, presented and read. Councilman Schaller moved that the communication be referred to the Council. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Communication of John J. Mc- Evoy objecting to the use of the Ham House for a museum because of the cost of maintenance and the possible lack of patronage, present- ed and read. Councilman Schaller moved that the communication be referred to the Council. Seconded by Councilman Takos. Carried by the follbwing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Communication of U. S. Confer- ence of Mayors extending an invi• tation to the Council to attend the 1961 annual conference to be held in Washington D. C. June 11 to 14th, presented and read. Council- man Takos moved that the com- munication be referred to the Council. Seconded by Councilman Kean, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller; Ta- kos. Nays-None. Council proceedings for the month of December 1960, present- ed for approval. Mayor Schreiber moved that the Council proceed- ings for the month of December, 1960 be approved as printed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. March 20, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of February, 1961, as well as list of claims and payrolls for which war- ~h f s s i i'~ 11 126 Special Session, Mareh 27, 1961 "walk cycle" during which all traf- fic has been stopped. 1 have instructed that this pro- gram begin April .3rd and continue for a trial period of 60. days. )f the program is successful, it is then planned to coordinate as many lights in the area as possible by operating them from one cen- tral controller. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Councilman Schaller moved that the, recommandations of the City Manager be approved and that proper proceedings be prepared. Seconded by .Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. March 27,1961 Mr., Gilbert Chavenelle City. Manager Dubuque,. Iowa Dear Sir: This is to advise you that at the time Pearl Street was improved with bituminous concrete paving, a notice was not sent. to Mr, Donald Heim for sewer and water hook up to the easterly 30' of Lot 103 in Finley, Waples, and Burton's Addition. The notice was not sent to Mr. Heim because this Lot is too small to build on. Since that time Lot 104 in Finley, Waples and Burton's Addition has been subdivided in such a way as to make. the combined lots of build- able size. I, therefore, recommend that Mr. Heim .be ,granted permission to excavate in Pearl Street for the purpose of making sewer and water connection to said lots provided that Mr. Heim engages a qualified excavating contractor or plumber to do the work. Very truly yours, JOHN L. Wnrrr:, City Engineer Councilman Takos moved that permission be granted. Seconded by Councilman Schaller. Carried by the following vote: - Yeas^Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos: Nays-None. March 23, 1961 Hon. Mayor & City Council Dubuque, Iowa Gentlemen: That on March 2, 1959, Marcella Rettenmeier filed.. an action at law against the City of Dub~tgt~e in the District Court of Iowa in and for Dubuque County, being Law No. 35962, for .damages in the amount of $18,000.00 for injuries allegedly suffered by reason of a fall on or about December 11,1958, on a public sidewalk abutting the property known as 1848-1850 White Street in the City of Dubuque, Iowa. That the said plaintiff has made an offer of settlement through her attorney in the amount of $1500.00 and to dismiss her action against the City of Dubuque on payment thereof. That I have made an investiga- tion of this matter and it is ray opinion that said offer of settle- ment should be accepted. It is therefore recommended that the City Auditor be instructed to draw a warrant payable to Marcella Rettenmeier in the amount of $1500.00 and to deliver the same to the .City Attorney in order that he may transmit the same upon receipt of duly executed release and dismissal of the pending law action against the City of Dubuque, Iowa. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Aud- itor instructed to issue a warrant payable to Marcella Rettenmeier in the amount of $1500,. and deliver the same to the City Attorney. Sec- onded by Councilman Kean, Car- ried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. March 21, 1961 Hon. Mayor & City Council City Hall, Dubuque, Iowa Gentlemen: On February 6, 1961, Clarence W. Kramer, father of John Kramer, a minor,. of 139 Bluff. St., Dubuque, Iowa, filed his. claim for,.alleged injuries suffered by his son while Special Session, March 27, 1961 127 playing on City owned property in Yeas - Mayor Schreiber, Coun- the vicinity of the 15th Street steps. cilmeh Kean, Schaller, Schueller, I have made an investigation of Takos. this matter and find no negligence Nays-None. on the part of the City as alleged Notice of claim of Riohard L. and therefore recommend the Denlinger fn the amount of $224.37, denial of said claim. for car damage as the result of`con- Orgiinal claim is attached here- struction of the sewer at 808 to. Kaufmann Avenue on February 15, ' R. N. RUSSO, 1961, presented and read. Council- . City Attorney man Takos moved-that the notice Councilman Takos moved that of claim be referred to the City the recommendation of the City Solicitor far investigation and re- Attorney be approved. Seconded by Port• Seconded by Councilman Councilman Schaller. Carried by Kean. Carried by the following the following vote: vote: Yeas -Mayor Schreiber, Coun- 'yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, oilmen Kean, Schaller, Schueller, Takos. Takos. Nays-None. Nays-None. Notice of claim of Agnes Ingles, Notice of claim of David Snyder, in an un-named amount, far per- Sr. in the amount of $57.13 for sonal injuries received as the result car damage as the result of strik- of a fall on a defective sidewalk ing a hole in a defective street at at 1671 Maple Street on January 15th near Sycamore on March 13, 26, 1961, presented and read. 1961, presented and read. Councilman Takos moved that the Councilman Takos moved that notice of claim be referred to the the notice of claim be referred to `?' City Solicitor for investigation and the City Solicitor for investigation report. Seconded by Councilman and report. Seconded by Council- Kean. Carried by the following man Kean. Carried by the follow vote: ing vote: Yeas -Mayor Schreiber, Coun• yeas-Mayor Schreiber, Council- oilmen Kean, Schaller, Schueller, ~ men Kean, Schaller, Schueller, ~• ; Takos. Takos. ' Nays-None. Nays-None. ~ Notice of claim of Mrs. Sarah M. Petition of First National Bank Keckevoet, in an unnamed amount, requesting permission to construct for personal injuries received in a - canopies for their proposed new sidewalk at 504 fall on adefective bank building to be constructed at Bluff Street on March 10, 1961, . 7th & Locust Streets, presented presented and read. Councilman and read Takos moved that the notice of . claim be referred to the City Solic- Councilman Schaller moved that itor for investigation and report. the petition be received and filed. Seconded by Councilman Kean. Seconded by Councilman Takos. Carried by the following vote: Carried by the following vote: Yeas -Mayor Schreiber, Coun- Yeas-Mayor Schreiber, Council- cilmen Kean, Schaller, Schueller, men Kean, Schaller, Schueller, Takos. Takos. Nays-None. Nays-None. Notice of claim of W. A. Fransen, ORDINANCE N0. 15-61 ~' in the amount of $34.54, for car An Ordinance Authorizing the damage as the result of a defect First National Bank to construct in the alley off Loras between canopies over the public sidewalks, Alta Vista and Booth on March Presented and read. 20,1961, presented and read. Coun- oilman Takos moved that the notice Councilman Schueller move d of claim be referred to the City that the reading just had be con- Solicitor for investigation and re- sidered the first reading of the -part. Seconded by Councilman Ordinance. Seconded by Council- Kean. Carried by the following man Takos. Carried by the. follow- vote: ing vote: II ii ~A it ''~ "; ra p. I' ibi it i I~ 9 V~ , i ~i' `1 ,~~~ ~~'~ ~'~ ' l Ali ~'~ ~ i ~ ` ~ ~'~ ,' i~ ~{ `~I'!N: {' I~~' 128 Special Session, March 27, 1961 Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Takos, Nays-None, Councilman Schueller move d that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men, Kean, Schaller, Schueller, Takos. Nays-None. ORDINANCE NO. 15.61. An Ordinance authorizing the First National Bank to construct canopies aver the public sidewalks. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the First Na- tional Bank of Dubuque, Iowa, be and rt is hereby granted the right and authority to construct and maintain a canopy extending 3 feet over the public sidewalk on the East Side of Locust Street from a point 79' fi" South of the Seventh Street property lines and extend- ing South 38 feet and a canopy extending 1 foot over the public sidewalk on the South Side of Seventh Street from a point 29 feet East of the Locust Street property line and extending East 38' fi", securely anchored to the said building and in accordance with plans approved by the City Manager ; Section 2. That such construc- tion shall be done under the su- pervision and direction of the Building Commissioner and the City Manager of the City of Du- buque and in accordance with all applicable State and Federal laws and regulations and the Ordi- nances of the City of Dubuque; Section 3 That the permission hereby granted is expressly condi- tioned upon the First National Rank, its successors and assigns assuming any and all liability for damages to person or property which may result Pram the con- struction or maintenance of said canopy or canopies. Said applicant, its successors and assigns, at its otvn expense. agrees to pay on behalf of the City of Dubuque all sums which the City of Dubuque shall be obligated to pay by reason of liability imposed on the City of Dubuque for damages of any kind resulting in the construction or maintenance of said canopy or canopies, sustained by any person or persons, caused by accident or otherwise. Said applicant shall defend, at its own expense, and on behalf of said City, any claim against said City arising out of the construction or maintenance of said canopy or canopies; Section 4. Should the rights and privileges herein granted be re- scinded or revoked, First Nation- al Rank, its successors or assigns shall, within thirty (30) days after receipt of written notice from the City Manager so to do, at its own expense, remove said canopy or canopies and in the event of its failure so to do the City of Du- buque shall be authorized to re- move said canopy or canopies at First National Bank's expense, assess the costs thereof against the premises and destroy the can- opy or canopies, and neither First National Bank nor the owners of the premises shall have any claim against said City, or 1ta agents, for damages resulting from the removal of said canopy or canopies. Section 5. This Ordinance shall become effective and the rights hereunder shall accrue to the First National Bank, when this Ordinance has been adopted by the City Council and accepted by the applicant and the owners of the premises by acceptance en- dorsed on this Ordinance. Section 6. This Ordinance shall be in full force and effect from and after its final passage. adop- tion and publication as by law provided. Passed, adopted and approved this 27th day of March, A. D. 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES S. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE OF ORDINANCE NO. 15.61. The First National Bank, Du- buque, Iowa, owner of the prem- ises, having full knowledge and understanding of the terms and conditions of Ordinance No. 15-51 hereby accept the same as adopted and agree to comply with all the terms and conditions thereof, and grant unto the City of Dubuque all of the privileges and rights in said Ordinance contained. FIRST NATIONAL BANK OF DUBUQUE, IOWA By: WALDO ADAMS Its President Published officially in The Tele- graph-Herald newspaper this 31st day of March 1951. LEO F. FROMMELT lt. 3/31 City Clerk Councilman Schueller moved the adoption of the Ordinance. Sec• onded by Councilman Takos. Car- ried by the following vote.: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Takos. Nays-None. Petition of Dubuque Baseball Inc, requesting that the Fourth Street Ball Park be named Petrakis Park, presented and read. Councilman Schueller move d that the petition be referred to the City Council and Recreation Com- mission. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Takos. Nays-None. Special Session, March 27, 1961 129 Petition of J. F. Roshon request- ing the fencing in of the City Lot at 14th and Maple, Streets, present- ti ed and read. Councilman Takos moved that the petition be referred to the City !r Manager. Seconded by Councilman Schaller, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, ~ Takos. Nays-None. Petition of Frank E. Miller re• questing permission to excavate in Merfeld Lane (10 yr, street), pre- sented and read. Councilman Schaller moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None, Petition of Donald L. Heinen re- questing permission to excavate in the streets and alleys of the ,1 City, presented and read. Council- man Schaller moved that the peti• tion be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takf15. Nays-None, Petition of Arthur L. Digman et al requesting permission to exca- vote in Kane Street (10 yr, street), ~' presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. Petition of Merl Goerdt request- ing permission to excavate in the streets and alleys of the City, pre- " sented and read. Councilman Schaller moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. Petition of Gerald P. O'Meara ~ requesting a $150. refund on the ~ :~ i'~: unexpired portion of beer permit No. 23, presented and read. Coun• cilman Takos moved that the re- fund be granted and the Auditor instructed to issue a warrant pay able to Gerald P. O'Meara in the amount of $150. to cover the amount due on the unexpired por- tion of beer license Na. 23. Second• ed by Councilman Kean. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Petition of Gerald P. O'Meara requesting a $25. refund on the un- expired portion of cigarette license No. 121, presented and read. Coun- cilman Takos moved that the re• fund be granted and the Auditor instructed to issue a warrant pay able to Gerald P. O'Meara in the amount o'f $25, to cover the amount due on the unexpired portion of cigarette license No. 121. Second- ed by Councilman Kean. Carried by the following vote: Yeas -Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. Communication of the Play- ground and Recreation Commission requesting approval for the disposi- tion of the kitchen equipment at the Bunker Hill Golf Course, pre- sented and read. Councilman Takos moved that the communication be received and filed, Seconded by Councilman Kean, Carried by the following vote: Yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION NO. 95.61 WHEREAS, certain items of kitchen equipment located in the Bunker Hill Municipal Golf Course Club House are of no further use by reason of the discontinuance of the restaurant operations; and WHEREAS, it appears to the Du- buque City Council that said items of personal property are subject to rapid depreciation; and WHEREAS, said items of person- al property should be sold in the public interest. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ~~i VI _ `,; ,. I~°p ~'s!I a ;I ~ ~~ I~ A ~ I i ~I, i ~i oi~ I' ;~ ~ -1 ~i ~G_ N 130 Special Session, March 27, 1961 That the items of personal prop- erty located in the Bunker Hill Municipal Golf Course Club House which consist of the following: One (1) Hobart twenty quart mix• er with attachments. One (1) Hotpoint deep fat fryer. One (1) Hotpoint broiler. One (1) Hotpoint combination range and oven. Two (2) Hotpoint ovens. One (1) Six-Compartment reach- in cooler with compressor. Miscellaneous assortment of dishes and silverware, be and the same are hereby ordered sold un• der the direction of the Dubuque City Manager and that sealed pro- posals for the purchase thereof be invited; and That the City Clerk be and he is hereby ordered to .publish notice of time and place for receipt of sealed bids for the purchase of the aforementioned property. Passed, adopted and approved this 27th day of March, A.D. 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas - Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION N0. 96.61 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a pernrit to sell cigarettes and cigar- ette papers within said City. Neme Address Erwin J. Hafeman (Effective April 1, 1961), 2370 Rhomberg Avenue Mrs. Josephine Burke (Effective Apri11,1961) 215 West 9th Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Cduncilrnan Schaller. Carried by the following vote: Yeas - Mayor Schreiber, Coun• cilmen Kean, Schallet~, Schueller, Takos. Nays-None. RESOLUTION N0.97.61 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 that the following applications be grant- ed and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" PERMIT Name Address Donald P. Birkett, 1064 University Avenue Philip Krepfle, 1399 Jackson Street Sylvester A. Weiner, 201 East 22nd Street Florance Deutsch, 1298 Main Street Louis T. Bournias, 760 East 16th Street CLASS "C" PERMIT Anthony L. Fecker, 2119 Rhomberg Avenue Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREB3ER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the ad- option of the resolution. Seconded by Councilman Schaller. Carried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Special Session, March 27, 1961 131 RESOLUTION N0.98.61 WHEREAS, heretofore applica- tions 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 RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit, CLASS "B" PERMIT Name Address Donald P. Birkett, 1064 University Avenue Philip Krepfle, 1399 Jackson Street Sylvester A. Weiner, 210 East 22nd Street Florance Deutsch, 1298 Main Street Louis T. Bournias, 760 East 16th Street CLASS "C" PERMIT Anthony L, Fecker, 2119 Rhomberg Avenue BE 1T FURTHER RESOLVED that the bonds filed by such appli• cants be and the same are hereby approved. Passed, adopted and approved this 27th day of March, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Takos moved the ad- option of the resolution. Seconded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Schreiber, Coun• cilmen Kean, Schaller, Schueller, Takos. Nays-None. There being na further business Councilman Schaller moved to ad- journ. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. LEO F. FROMMELT, City Clerk Approved ................................1961. Adopted ..................................1961. Councilmen ~ ..................................... Attest ................................................ City Clerk ,~,~~~ iii ili i i~ , !~ IdV