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1961 November Council ProceedingsRegular Session, November 6, 1961 373 CITY COUNCIL OFFICIAL Regular Session, November 6, 1961. Council met at 7:30 P.M. Present—Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller. City Manager Gilbert D. Chaven- elle. Absent—Councilman Takos. Mayor Schreiber read the call and stated that this is the regular monthelyr meeting of the City Council for the purpose of acting upon such business as may proper- ly come before the meeting. Communcation of County Audi- tor Meloy submitting "Statement of tax-free lands and claim of School Corporation for Reimburse- ment" for Park and Recreation area in the amount of $66.95 and the Airport in the amount of $1079.98, presented and read. Councilman Schueller moved that the statements be referred to the respective bodies. Seconded by Mayor Schreiber. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Communication of Dubuque Safety Council approving line markings placed at the intersec- tion of Locust and First Street by the Traffic Department, pre- sented and read. Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote. Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Communication of Dubuque Jun- ior Chamber of Commerce stating that their organization has gone on record as being in favor of Daylight Savings Time during the months of June, July and August, presented and read. Councilman Schueller moved that the communi- cation be received and filed. Se- conded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Proof of Publication, certified to by the publisher, of Mayor's Proclamation and Notice of Elec- tion on the proposition of Daylight Saving Time for the year 1962 and the year 1963, presented and read. Mayor Schreiber moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Proof of Publication certified to by the Publisher, of Ballot for Daylight Saving Time Proposition on the question to be voted on at the Regular Municipal Election November 7, 1961, presented and read. Mayor Schreiber moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Proof of Publication, certified to by the Publisher, of Regular Municipal Election Ballot, candid- ates for Councilman and Park Commissioner, for the City of Du- buque, Iowa to be voted on at the Regular Municipal Election Tuesday November 7, 1961, pre- sented and read. Mayor Schreiber moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote. Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Communication of Brotherhood of Locomotive Engineers and Rail- road Trainmen objecting to the protest filed by the Dubuque Dock Commission to the ICC concerning t'le shipment of lard by rail, pre- sented and read. Councilman Schueller moved that the rules be suspended in order to allow anyone present to address the Council if they so de- sire. Seconded by Councilman Schaller. Carried by the following vote: 374 Regular Session, November 6, 1961 Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Mr. D. C. Kringle, Local Chair- man of the Brotherhood of Train- men, addressed the Council by stating that shipments of lard should be on the basis of fair com- petition. Mr. P. M. Sowle, a mem- ber of the local trainmen, stated that according to his estimation, some three hundred would be af- fected. Mayor Schreiber moved that the communication be referred to the Dock Commission for consideration at their next regular meeting and that the Dock Board be notified to invite Mr. Kringle, L. J. Grimes and Pat Sowle to the next regu- lar Dock Commission meeting. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. October 24, 1961 To the Honorable Mayor And City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Trea- surer, City Health Department and City Water Works for the month of September, 1961, as well as a list of claims and payrolls for which warrants were issued for the month of September, 1961. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the reports be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. November 6, 1961 To the Honorable Mayor And City Council Dubuque, Iowa Gentlemen: You have referred to your staff a letter of the Dubuque Safety Council dated September 16, 1961, in regard to the control of east bound traffic on 1st Street at Locust Street. This matter is being studied by the Traffic Division. One of the suggestions made in the letter was that the intersection be stop -light controlled. It is be- lieved that if traffic lights were installed at this intersection, it would cause, or would increase, rear -end collisions due to the short sight distance to the south at this intersection. Therefore it is not re- commended that the intersection be stop -light controlled. We have painted zig-zag lines from the south crosswalk to the curb on Locust Street and the word "slow" has been painted three times in each lane at the end of the zig-zag line. Also, a yellow flashing pre - walking light is under consider- ation to be placed on the curb to warn motorists of the cross traf- fic. I have sent a report to the Dubuque Safety Council. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Notice of claim of Margaret Specht in the amount of $2750. and John M. Specht in the amount of $3150. for personal injuries re- ceived on August 23, 1961, as the result of striking a hole in the middle of the street near Roosevelt and Proposed Street presented and read. Mayor Schreiber moved that the notice of claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Notice of claim of Norman C. Hurd, in the amount of $50., for personal injuries received in a fall on a defective sidewalk in front of lot north of 1849 Madison Street, on October 3, 1961, pre- sented and read. Mayor Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Se - 1 Regular Session, November 6, 1961 375 conded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Notice of claim of Robert R. Rogan, in the amount of $19.62, for damage to his car as the re- sult of striking a hole in the street at 19th and Jackson Street on November 2, 1961, presented and read. Mayor Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. ORDINANCE NO. 57-61. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as provided for by Ordinance No. 3-34 designated Zoning Ordinance of the City of Dubuque so as to change from its present Local Business District B 'classification to Local Business District A Classification the fol- lowing described property Lots 15, 16, 17, 18, 19, Northeast 35'-6" of Lot 20, Lots 36, 37, 38, 39, 40, 41 & 42 in Cook's Addn. presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read nn three separate days. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Councilman Schueller moved that a public hearing be held on the Ordinance on December 4, 1961, at 7:30 P.M. in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner re- quired by law. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. ORDINANCE NO. 58-61. Approving plat of vacation of Lot A vacated Saunders Street (West Saunders Street), presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Councilman Sehueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Sehueller. Nays—None. Absent—Councilman Takos. ORDINA NCE NO. 58-61 WTIEREA 5. Ray Vyverberg has petitioned the City Council of Du- buque, Iowa, to vacate that portion of Rest Saunders Street which is abutted by the property of said Ray Vyverberg; and WHEREAS. the Planning and Zoning Commission of Dubuque, Iowa has recommended the vaca- tion of said street: and WHEREAS. the portion of said street serves no public purpose; and WHEREAS• the said Ray Vyver- berg has caused a plat to be pre- pared of the portion of said street which plat is dated October 23, 1961 and prepared by Cullen-Schiltz & Associates, by Kenneth J. Cullen, Licensed Professional Civil Engineer and Land Surveyor which plat be and the same is hereby approved and said portion of West Saunders St. shall hereafter be known and described as "Lot A - Vacated Saunders Street (West Saunders St.) in the City of Du- buque, Iowa. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of Lot A -Vacated Saunders Street (West Saunders St.) he and the same is hereby approved and the Mayor and the City Clerk be and they are hereby authorized and directed to execute on behalf of the City the plat of said real estate attached hereto. Section 2. That Lot A -Vacated Saunders Street (West Saunders St.) in the City of Dubuque, Iowa, be and the same is hereby vacated. UEIIIAII 376 Regular Session, November 6, 1961 Section 3 That the City Clerk be and he Is hereby authorized and directed to file a certified copy of this Ordinance in the office of the County Recorder in and for Du- buque County, Iowa. Passed, adopted and approved this 6th day of November 1961 by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph -Herald newspaper this 10th day of November 1961. LEO F. FROMMELT City Clerk It 11-10. Councilman Schueller moved the adoption of the Ordinance. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. ORDINANCE NO. 59-61. An Ordinance approving plat of Lot "A" of Block 29, Dubuque Harbor Co's Addn. and vacating the alley between Salina Street and Huff Street from a line 210' southerly of and parallel to the southerly line of Railroad Avenue to the southerly line of said alley all in Block 29 in Dubuque Harbor Co. Addn. all in the City of Dubu- que, Iowa, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. ORDINANCE NO. 59-61 WHEREAS. Frank A. Fluckiger, Conlon Construction Co. by Orlin J. Conlon, Secretary Treasurer, interstate Power Co. by C. F. Sonnenberg, District Manager and Consumers Coal and Supply Co. by J Allan Wallis, President, have petitioned the City Council of the City of Dubuque, Iowa, for the vacation of the alley between Sa- lina Street and Huff Street from a line two hundred and ten feet (210') southerly of and parallel to the southerly street line of Rail- road Avenue to the southerly line of said alley all in Block 29 in Dubuque Harbor Co.'s Addition and said alley hereafter to be known and described as Lot "A" of Block 29 Dubuque Harbor Co.'s Addition in the City of Dubuque, towa; and WHEREAS, the Planning and Zoning Commission of Dubuque, Iowa has recommended the vaca- tion of said alley hereinabove described; and WHEREAS- said alley serves no public purpose. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the plat of Lot "A" of Block 29, Dubuque Harbor Co.'s Addition be and the same is hereby approved and the Mayor and the City Clerk be and they are hereby authorized and directed to execute on behalf of the City the plat of said real estate at- tached hereto. Section 2. That the alley between Salina Street and Huff Street from a line two hundred and ten feet (210') southerly of and parallel to the southerly street line of Rail- road Avenue to the southerly line of said alley all in Block 29 in Du- buque Harbor Co.'s Addition and said alley hereafter to be known and described as Lot A" of Block 29 Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, be and the same is hereby vacated, subject to easements of record, Including switch track easements of record. and easements for utilities. Section 3. That the City Clerk he and he is hereby authorized and directed to file a certified copy of this Ordinance in the office of the County Recorder in and for Dubuque County, Iowa. Section 4. This Ordinance shall he in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 6th day of Novem- her, 1961 Rule requiring reading on three separate days suspended by unanimous vote the 6th day of November 1961. Passed by recorded roll call vote, adopted and approved this 6th day of November, 1961. JOHN P. SCHREIBER, Mayor LEO N. SCHUELLER, LOUIS SCHALLER, JAMES J. KEAN, Councilmen Attest Leo F. Frommelt City Clerk Published officially in the Tele- graph -Herald Newspaper this 10th day of November 1961, LEO F. FROMMELT City Clerk It 11-10 Councilman Schueller moved the adoption of the Ordinance. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Regular Session, November 6, 1961 377 RESOLUTION NO. 248-61 WHEREAS, the City of Dubuque, Iowa, is the owner of a certain parcel of real estate, over a por- tion of which is needed an ease- ment for railroad switch track by Frank A. Fluckiger, Conlon Construction Co., an Iowa Corpor- ation, Consumer Coal and Supply Co., an Iowa Corporation, Thermo- lyne Corporation, an Illinois Cor- poration, and Wayne W. Anthony. WHEREAS, that portion of said real estate is described as follows, to -wit: The Southerly 17.21' of Lot "A" Block 29 Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, according to recorded plat thereof; and WHEREAS, City Council of Du- buque, Iowa, has examined the Grant of Easement therefor and same is hereby approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute on behalf of the City of Dubuque. Iowa, grant of easement to Frank A. Fluckiger, Conlon Construction Co., an Iowa Corporation, Con- sumer Coal and Supply Co., an Iowa Corporation, Thermolyne Cor- poration, an Illinois Corporation, and Wayne W. Anthony, for the installation and maintenance of railroad switch track over, through and across the property herein- above described. Section 2. That the City Clerk be and he is hereby directed to file said grant of easement in the office of Dubuque County Record- er, Dubuque County, Iowa. Passed, adopted and approved this 6th day of November 1961 by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHAI J.ER JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. GRANT OF EASEMENT This indenture made the 6th day of November 1961, between City of Dubuque, Iowa, a municipal corporation, herein after referred to and designated as "City", and Frank A. Fluckiger, Conlon Con- struction Co., an Iowa Corporation, Consumer Coal and Supply Co., an Iowa Corporation, Thermolync Corporation, an Illinois Corpor- ation and Wayne W. Anthony. hereinafter referred to and de- signated as "Grantees". Witnesseth, that the City for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantees, the receipt whereof is hereby acknowledged, does hereby grant and convey to the Grantees, their respective heirs, executors. administrators, successors and as- signs, an easement and right of way, in perpetuity, for the purpose of installing and maintaining or causing to be installed and causinc to be maintained a railroad switch track, over, through and across the following described property, to -wit: The Southerly 17.21' of Lot "A" Block 29 Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, according to recorded plat thereof. Dated at Dubuque, Iowa, this 6th day of November 1961. CITY OF DUBUQUE, IOWA By JOHN P. SCHREIBER Mayor (City Seal) Attest: LEO F. FROMMELT City Clerk STATE 01' IOWA DUBUQUE COUNTY S5. On this 6th day of November A.D., 1961, before me Lois O'Hea a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared John P. Schreiber and Leo F. Frommelt to me personally known, who, being duly sworn did say that the said John P. Schreiber is Mayor and the said Leo F. Frommelt is Clerk of the City of Dubuque, Iowa, and that the seal affixed to 378 Regular Session, November 6, 1961 the above instrument is the cor- porate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said City and the said John P. Schreiber and Leo F. Frommelt acknowledged the execution of said instrument to be the voluntary act and deed of said City of Du- buque, Iowa, by it voluntarily exe- cuted. Witness my hand and Notarial Seal on the date last above writ- ten. LOIS O'HEA Notary Public in and for said County (Notarial Seal) Petition of Fischer Investment Co. requesting permission to ex- cavate in the alley to the west of 1065, 1067 and 1077 Central Ave- nue, presented and read. Mayor Schreiber moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of Elaine McGrath et al requesting the re -opening of the alley between Lombard Street and St. Joseph Street, presented and read. Councilman Schaller moved that the petition be re- ferred to the next Council meet- ing. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of Westchester Inc. re- questing rezoning of Lots 1, 2, 3, 4 & 5 of Block 5, Lots 1 & 3 in Block 4 and all of Block 3 in Westchester from its present class- ification to Local Business Dis- trict B Classification, presented and read. Mayor Schreiber moved that the petition be referred to the Plan- ning & Zoning Commission. Se- conded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of Mettel Realty & In- vestment Co. requesting an ex- tension of time to November 1, 1962 for completion of sidewalks in Mettel-Brooks Subdivision, pre- sented and read. Mayor Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of North End Wrecking Co. requesting an opportunity to purchase cityowned property de- scribed as Lot 1 of the Sub. of Lot 1 of 1 of 1 of Heim Sub- division, presented and read. May- or Schreiber moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of Peoples Natural Gas requesting permission to excavate at 2650 Jackson Street, presented and read. Councilman Kean moved that the petition be granted. Se- conded by Mayor Schreiber. Car- ried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of Mrs. Elsie Grant re- questing a refund in the amount of $25. Which was a down pay- ment only, on the proposed pur- chase of a cigarette license to be issued at a later date, which li- cense was actually never issued, presented and read. Mayor Schrei- ber moved that the refund be granted and the Auditor instructed to issue a warrant, in the amount of $25.00, payable to Mrs. Elsie Grant to comply with the request. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of Sara Faigen request- ing a refund of $100. on the un- expired portion of Class B beer license No. 77, as she has discon- tinued business on November 4, Regular Session, November 6, 1961 379 1961, presented and read. Council- man Kean moved that the refund be granted and the Auditor in- structed to issue a warrant payable to Sara Faigen, in the amount of $100. to cover the amount due on the unexpired portion of Beer license No. 77. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Petition of Sara Faigen request- ing a refund of $50. on the un- expired portion of cigarette license No. 27, as she has discontinued business on November 4, 1961, presented and read. Councilman Kean moved that the refund be granted and the Auditor instructed to issue a warrant payable to Sara Faigen, in the amount of $50. to cover the amount due on the un- expired portion of cigarette li- cense No. 27. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider proposal to dispose of city owned Lot 27 of Block 26 in Dubuque Harbor Im- provement Company Addn., pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor 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. Nays—None. Absent—Councilman Takos. One sealed bid was received from Arnold J. Leytem in the amount of $100. for the purchase of Lot 27 of Block 26 in Dubuque Harbor Improvement Company Addn., also his certified check in the amount of $10.00. Mayor Schreiber moved that the bid of $100., as submitted by Ar- nold J. Leytem be accepted for the purchase of Lot 27 of Block 26 in Dubuque Harbor Improve- ment Company Addn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. RESOLUTION NO. 249-61 WHEREAS, pursuant to Resolu- tion and Notice, which notice was published on the 6th day of Octo- ber 1961 and on the 13th day of October 1961 in the Telegraph - Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, the City Coun- cil of the City of Dubuque, Iowa, met on the 6th day of November 1961 at 7:30 o'clock P. M. in the City Council Chambers in the City Hall to consider the proposal to dispose of the hereinafter de- scribed real estate, at which hear- ing all interested parties were af- forded an opportunity to be heard for or against such proposal; and WHEREAS, any and all objec- tions thereto were overruled by the City Council; and WHEREAS, pursuant to public notice sealed bids for the purchase of said property were taken and were at said time and place pre- sented to the City Council and opened and the highest sealed bid was determined to be that of Arnold J. Leytem, of $100.00, and it was thereupon determined that the bid of Arnold J. Leytem in the amount of $100.00 was the best bid and should be accepted by the City. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid of Arnold J. Leytem in the amount of $100.00 for the purchase of Lot 27 of Block 26 in Dubuque Harbor Improvement Company Addition in the City of Du- buque, in the County of Du- buque, State of Iowa, is hereby accepted and the Mayor and City Clerk are hereby author- ized and directed to execute the Quit Claim Deed of the City of Dubuque releasing and conveying to Arnold J. Leytem all of its rights, title and interest in and to the above described real estate and to deliver the same to the 7 bil Ni III "!I ill tl�l 11 ig iF DII 1 ioo 380 Regular Session, November 6, 1961 said Arnold J. Leytem upon re- ceipt of $100.00 in cash plus pub- lication costs in the amount of $26.89, and that no abstract of title be furnished to the buyer. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 6th day of November A.D. 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adoption of the resolution. Se- conded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. September 27, 1961 To the Honorable Mayor And City Council Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivision plat of Block 1 in Olympic Heights lo- cated in Section 11, Dubuque Township, Dubuque County. This subdivision composed of 9 Lots owned by Fred Ehrlich and fronts on what is known as Baldy Glynn Road, west of Central Ave- nue at about 3400 Central. This plat has been approved by the Planning & Zoning Commis- sion. Respecfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Mayor Schreiber 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. Nays—None. Absent—Councilman Takos. RESOLUTION NO. 250-61 Resolution approving plat of Block 1 of "Olympic Heights" in Section 11, Dubuque Township, Dubuque County, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Southeast One -Quarter of Southwest One - Quarter, Section 11, Township 89 North, Range 2 East of 5th prin- cipal Meridian, being in Dubuque Township, Dubuque County, Iowa is platted as Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 each in Block 1 in "Olympic Heights" in Section 11, Dubuque Township, Dubuque County, Iowa. and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 6th day of November A. D., 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN 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. Nays—None. Absent—Councilman Takos. October 31, 1961 Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: The City of Dubuque Board of Dock Commissioners has been negotiating with the Thermolyne Regular Session, November 6, 1961 381 Corporation of Dubuque, Iowa, for the sale of four (4) acres of land in Industrial Park, Area "8", light industrial area. It is the recom- mendation of the Commission that the sale of land be approved by your body. Enclosed you will find Dock Board Resolution Number 19-61, dated October 30, 1961, recom- mending approval of the sale, a- long with Agreement, marked Ex- hibit "A", executed by the Thermo- lyne officials and a plat of the area in question. Respectfully submitted, Dubuque Dock Commission John J. Waltz President Mayor Schreiber moved that the recommendation of the Dock Com- mission be approved and that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. DOCK BOARD RESOLUTION NO. 19-61 WHERAS the Dock Commission of City of Dubuque, Iowa, has been negotiating with the Thermolyne Corporation for the purchase by said Corporation of a tract of land containing four (4) acres which is described as follows, to -wit: The Northeasterly line of the property to be conveyed under this agreement corresponds with the southwesterly line of Lot Two (2) in Garvey Place and with the extension Northwester- ly of said Southwesterly line of Lot Two (2) in Garvey Place to the Northwesterly line of Block Nine (9) in "River Front Subdi- vision No. 3" in the City of Du- buque, Iowa, and the tract cov- ered hereby shall extend south- westerly and include so much of the balance of Block Nine (9), all of Block Ten (10) and so much of Block Eleven (11) in said sub- division as will comprise a total area of four (4) acres; and WHEREAS the said Thermolyne Corporation agrees to pay the sum of Three Thousand and Five Hun- dred ($3,500.00) Dollars per acre upon the terms and conditions contained in agreement proposed by the said Thermolyne Corpora- tion, a copy of which is marked Exhibit "A" and is hereto at- tached. NOW THEREFORE BE IT RE- SOLVED by the Dock Commission of the City of Dubuque, Iowa: Section 1. That the sale by the City of Dubuque to Thermolyne Corp. of the hereinabove described real estate for the sum of $3,500.00 per acre upon the terms and con- ditions contained in the proposed agreement marked Exhibit "A" attached hereto be and the same is hereby recommended with favor to the City Council of Dubuque, Iowa. Section 2. That a certified copy of this Resolution together with copy of Exhibit "A" together with a covering letter be transmitted to the City Council of Dubuque, Iowa. Passed, adopted and approved this 30th day of October, 1961. JOHN J. WALTZ IRVIN A. oETH DON MUEIJ.FR Commissioners Attest: IRVIN A. OETH Secretary RESOLUTION NO. 25141 WHEREAS, Thermolyne Corpo- ration, an Illinois Corporation au- thorized and empowered to do business in the State of Iowa has offered to purchase the following described real estate from the City of Dubuque, to -wit: The Northeasterly line of the property to be conveyed under this agreement corresponds with the southwesterly line of Lot Two (2) in Garvey Place and with the extension Northwest- erly of said Southwesterly line of Lot Two (2) in Garvey Place to the Northwesterly line of Block Nine (9) in "River Front Subdivision No. 3" in the City of Dubuque, Iowa, and the tract covered hereby shall extend southwesterly and include so much of the balance of Block Nine (9), all of Block Ten (10) and so much of Block Eleven (11) in said subdivision as will comprise a total area of four (4) acres. and; WHEREAS, said Corporation has offered to pay the sum of Three 382 Regular Session, November 6, 1961 Thousand and Five Hundred ($3,- 500.00) Dollars per acre upon terms and conditions as set out in Agreement marked Exhibit "A" and by reference made a part here- of; and WHEREAS, the Dock Commis- sioners of the City of Dubuque, Iowa, by Resolution enacted has recommended to the City Council the sale of said real estate to Thermolyne Corporation; and WHEREAS, the City Council has examined said Agreement to be executed by City of Dubuque and approves the same; and WHEREAS, the sale of said real estate by City of Dubuque will be in the best public interest and pro- mote the industrial expansion of City of Dubuque, Iowa. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the sale of the hereinabove described real estate to Thermolyne Corporation for the sum of $3,500.00 per acre and up- on terms and conditions set forth in Agreement attached hereto marked Exhibit "A" be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of proposal to dispose of real estate to Thermolyne Corporation and that the date of hearing on said disposal of real estate be and the same is fixed for the 4th day of December, 1961, at 7:30 o'clock P.M. at the City Council Chamber in the City Hall in the City of Du- buque, Iowa. Passed, adopted and approved this 6th day of November A.D. 1961 by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLFR LOUIS SCHAI J.FR JAMES J. KEAN 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. Nays—None. Absent—Councilman Takos. RESOLUTION NO. 25241 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Mrs. Jean Anfinson, (My -Cap Ven- dors, Inc.), Transfer of address from 647 East 16th St., 120 Southern Avenue. Dorothy Heinen, (My -Cap Vendors, Inc.), 2730 Dodge Street. John F. Thompson. 3200 Jackson Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 6th day of November, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT Councilman Kean moved the adoption of the resolution. Second- ed by Mayor Schreiber. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Absent—Councilman Takos. Nays—None. RESOLUTION NO. 253-61 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, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address David L. Hickey, 107 Locust St. John J. Beecher, 2399 White St. J. Russell Evans, 29 Eighth Street. Norbert G. Tigges, 2774-2776 Jack- son Street. Clarence P. Haupert, 1703 Asbury Street. Walter Sitterly, 3050 Asbury St. Regular Session, November 6, 1961 383 CLASS "6" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Gerald F. Winters Post No. 9663, 115 East 22nd Street. CLASS "C" BEER PERMIT John F. Thompson, N.E. Corner 32nd and Jackson Streets. Passed, adopted and approved this 6th day of November, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. RESOLUTION NO. 254-61 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS. the prmises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: N 0 W, THEREFORE, BE IT RESOLVED by the City Council of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS "B" BEER PERMIT Name Address David L. Hickey, 107 Locust St. John J. Beecher, 2399 White St. J. Russell Evans, 29 Eighth Street. Norbert G. Tigges, 2774-2776 Jack- son Street. Clarence P. Haupert, 1703 Asbury Street. Walter Sitterly, 3050 Asbury St. CLASS "B" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Gerald F. Winters Post No. 9663, 115 East 22nd Street. CLASS "C" BEER PERMIT John F. Thompson, N.E. Corner 32nd and Jackson Streets. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of November, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: LEO F. FROMMELT Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Councilman Schueller moved the Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. Mayor Schreiber moved that Mr. Alan H. Graves be apointed to the Board of Review for four years to 7-2-65. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. There being no further business Councilman Schaller moved to ad- journ. Seconded by Mayor Schrei- ber. Carried by the following vote: Yeas—Mayor Schreiber, Council- men Kean, Schaller, Schueller. Nays—None. Absent—Councilman Takos. LEO F. FROMMELT City Clerk Approved 1962. Adopted 1962. Councilmen Attest City Clerk 384 Special Session, November 8, 1961 CITY COUNCIL (OFFICIAL) Special Session, November 8, 1961. Council met at 7:30 P.M. Present—Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. City Manager Gilbert D. Chavenelle. To the Members of the City Council, City Hall, Dubuque, Iowa. Gentlemen: Mayor Schreiber read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of declaring the results of the REG- ULAR MUNICIPAL ELECTION and also declaring the result on the issue of DAYLIGHT SAVING TIME, both as voted upon on November 7, 1961, and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil. November 8, 1961 In accordance with the provisions of Section 50.21 of the 1958 Code of Iowa, on November 8, 1961, we made a public canvass of the election returns of the REGULAR MUNICIPAL ELECTION held on November 7, 1961, and herewith submit the report of the results of said canvass. Councilmen Park Commissioner Hugh Robert Lamar James Eldon Peter Frederick Total Precinct D. J. E. J. A.J. R. Votes Clark Horgan Jones Kean Pfohl Takos Appel Cast 1st 657 781 702 854 374 847 718 1541 2nd 592 704 729 892 389 858 686 1514 3rd 359 338 325 478 268 485 348 814 4th 211 213 213 358 220 363 259 581 5th 400 474 421 558 282 564 447 969 6th 658 775 703 1015 532 1032 777 1703 7th 168 161 151 270 186 280 184 439 8th 230 248 225 386 225 402 274 615 9th 162 168 139 318 236 345 203 497 10th 328 395 350 651 361 674 477 992 llth 401 469 406 681 484 722 514 1129 12th 252 271 263 439 309 499 319 735 13th 378 402 333 686 572 761 525 1130 14th 506 535 483 872 588 912 617 1393 15th 366 425 410 716 466 738 506 1119 16th 536 678 634 959 482 946 711 1533 TOTALS 6204 7037 6487 10133 5974 10428 7565 16704 We, John P. Schreiber, Mayor of the City of Dubuque, Iowa and Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the REGULAR MUNICIPAL ELECTION held on November 7, 1961, and find the following results: Nominated by General Election for Councilmen: Peter J. Takos 10428 Votes James J. Kean 10133 Votes Robert J. Horgan 7037 Votes Nominated by General Election for Park Commissioner Frederick R. Appel7565 Votes Respectfully submitted, John P. Schreiber Leo F. Frommelt Mayor City Clerk Councilman Schaller moved that the comunication be received and made a matter record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Schreiber, Councilmen Kean, Schaller, Schueller, Takos. Nays—None. Special Session, November 8, 1961 385 RESOLUTION NO. 255-61 WHEREAS, the Mayor and City Clerk have heretofore pursuant to the provisions of Section 50.21, met and canvassed the returns of the REGULAR MUNICIPAL ELECTION held in the City of Dubuque, Nov- ember 7, 1961, and certified the results of their canvass to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the following have been elec- ted for the following offices: COUNCILMAN FOR TERM COM- MENCING JANUARY 1, 1962 PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN PARK COMMISSIONER REGU- LAR TERM COMMENCING APRIL 1, 1962 FREDERICK R. APPEL Section 1. That Peter J. Takos, James J. Kean and Robert J. Hor- gan are hereby declared elected to the office of Councilman of the City of Dubuque for the terms commencing on or before noon of the second secular day of January 1962. Section 2. That Frederick R. Ap- pel is hereby declared elected to the office of Park Commissioner for the regular term. Section 3. That the City Clerk be and he is hereby authorized and directed to issue certificates of election to the foregoing individuals for the respective offices to which they have been elected. Passed, adopted and approved this 8th day of November 1961. JOHN P. SCHREIBER Mayor LEO N. SCIIUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT Councilman Schaller moved the adoption of the resolution. Second- ed by Mayor Schreiber. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. November 8, 1961 To the Members of the City Council, City Hall, Dubuque, Iowa. Gentlemen: We have made a public canvass of the election returns on the fol- lowing question submitted to the electors of the City of Dubuque on November 7, 1961. "SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? SHALL THE CITY OF DUBUQUE IOWA OBSERVE DAYLIGHT SAV- ING TIME DURING THE YEAR 1962 AND DURING THE YEAR. 1963? and herewith submit the report of the results of said canvass. Precinct YES NO TOTAL 1st 894 477 1371 2nd 1005 411 1416 3rd 346 366 712 4th 285 255 540 5th 558 348 906 6th 914 597 1511 7th 174 233 407 8th 289 285 574 9th 180 278 458 10th 552 374 926 11th 527 509 1036 12th 347 357 704 13th 479 584 1063 14th 558 684 1242 15th 558 502 1060 16th 916 498 1414 TOTALS 8582 6758 15340 We, John P. Schreiber. Mayor of the City of Dubuque. Iowa. and Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby cer- tify that we publicly canvassed the election returns of public measure of Daylight Saving Time held on November 7, 1961 and find the fol- lowing rsults: Yes -8582 No -6758 Totals -15,340 Respectfully submitted, John P. Schreiber Mayor Leo F. Frommelt City Clerk Councilman Schaller moved that the communication be received and made a matter of record. Seconded by Councilman Schueller. Carri^rl by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. RESOLUTION NO. 256-61 WHEREAS the Mayor and City Clerk of the City of Dubuque today met and canvassed the votes at the Regular Municipal Election, on the following question submitted to the electors of the City of Dubuque: "SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? 386 Special Session, November 8, 1961 SHALL THE CITY OF DUBUQUE IOWA OBSERVE DAYLIGHT SAV- ING TIME DURING THE YEAR 1962 AND DURING THE YEAR 1963?" WHEREAS the result of such canvass was found to be as follows: Yes -8582 No -6758 Total -15,340 and WHEREAS it appears from such canvass that such public measure as voted upon was adopted by a majority of those voting thereon; NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council accepts the result of said election as the official expression of the will of the people of the City of Dubuque on the issue of Daylight Saving Time. Passed, adopted and approved this 8th day of November, 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. Se- conded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Councilman Schueller moved that the Judges, Clerks and voting machine Inspectors who served at and before the Regular Municipal Election on November 7, 1961, be paid the amount of $10 each for services rendered as authorized by law. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Councilman Schueller moved that the City Manager be instructed to send a letter of invitation to Councilman elect Robert J. Horgan to attend the balance of the Coun- cil meetings for the year 1961. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. There being no further busi- ness Councilman Schaller moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Leo F. Frommelt City Clerk Approved 1962. Adopted 1962. Councilmen Attest City Clerk Special Session, November 20, 1961 387 CITY COUNCIL OFFICIAL Special Session, November 20, 1961. Council met at 7:30 P.M. Present— Councilmen Kean, Schueller, Takos. City Manager Gil- bert D. Chavenelle. Absent—Mayor Schreiber, Coun- cilman Schaller. Councilman Takos moved that Councilman Leo N. Schueller be appointed Presiding Officer Pro - tem of the meeting. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Presiding OfficerPro Tem Schuel- ler read the call and stated that service had been duly made and that this meeting is called for the purpose of acting upon such busi- ness as may properly come before a regular meeting of the City Coun- cil. November 10, 1691 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Your staff has investigated the need for street lights on Gordon and Crissy Drives. It is recom- mended that the following lights be installed after January 1, 1962: 1. Kaufmann Avenue a n d Crissy Drive, southwest corner. 2. On easement between Lots 8 and 9, Block 15, or 2405 and 2385 Crissy Drive. 3. On easement between Lots 4 and 5, Block 15, or 2335 and 2325 Cris- sy Drive. 4. Intersection of Crissy Drive and Theda, northwest corner. 5. Intersection of Theda and Gordon Drive, northeast corner. 6. On Easement between Lots 3 and 4, Block 16, or 2326 and 2338 Gordon Drive. 7. On Easement between Lots 7 and 8, Block 16, or 2389 and 2398 Gordon Drive. 8. Southwest corner of Gordon Drive and Kaufmann Avenue. 9. Southeast corner of Kaufmann Avenue and the Old Timers Road. Respectfully submitted, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Schuel- ler moved that the recommenda- tion of the City Manager be ap- proved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 10, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff a petition of Richard Freund for street lights on the corner of Ever- green Drive and Lindale Street and Kaufmann Avenue and Evergreen Drive. These locations have been investi- gated and it is recommended that lights be placed as requested with the understanding that the in- stallation will not be made until after January 1, 1962. Respecfully submitted, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Schuel- ler moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 8, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I would like to inform you that I have written to the firm of O'Con- nor, Brooks, Ahrendt & Brooks, certified Public Accountants, au- thorizing them to proceed with the audit of the City's 1961 rec- ords. During the past several years this firm has audited the books of the City. They are experienced in making public audits and reports to the State Auditor. 388 Special Session, November 20, 1961 I ask that you confirm my action so that the State Auditor can be notified of this arrangement. Respecfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 15, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Our Civil Defense Director, Chief Hickson, has requested that a Civil Defense Advisory Committee be established for the Civil Defense Organization of Dubuque. It has been suggested that the Advisory Committee consist of a medical doc- tor, the Mayor or a Councilman, and the City Manager. I recommend and request that the City Council appoint such a committee. Respecfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the communication be referred to the Mayor for appointment of a Civil Defense Advisory Committee. Seconded by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 15, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to me a letter by William B. Poinsett requesting that refunds on cigarette licenses #217, 218 and 227 be issued in the name of My -Cap Vendors, Inc. I should like to explain the situ- ation. Up until the present time, cigarette licenses requested by My - Cap Vendors, had been issued in the name of the owner of the esta- blishment where the machine was to be placed, and in the name of the company requesting the permit and owning the machine, namely, My -Cap Vendors, Inc. It was there- fore felt that in order to protect the City, warrants f o r refunds should be issued in the name of both parties. This procedure has caused considerable inconvenience to My -Cap Vendors, Inc. I have instructed that in the case of licenses #217, 218 and 227, refund warrants shall be drafted in both names. In the future, how- ever, arrangements can be made whereby refund warrants may be drawn in the name of My -Cap Vendors alone. In order to correct the matter and avoid the difficulty, I con- tacted the audit firm, O'Connor, Brooks, Ahrendt & Brooks, and asked for their suggestions. I am enclosing a letter from Mr. Ralph K. Brooks dated November 7th, which suggests a procedure which is satisfactory and which will be followed. In the future, licenses requested by My -Cap Vendors will be issued in the name of My -Cap Vendors, Inc., doing business at a particular location (we will state the name of the owner of the establishment where the vending machine is to be placed). If it then becomes neces- sary to issue a refund for such a permit, the warrant can be drafted in the name of My -Cap Vendors, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Schuel- ler moved that the recommenda- tion of the City Manager be ap- proved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 15, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff for investigation, the petition of the Seven -Up Bottling Company for connection to the city owned sewer and water lines at their building Special Session, November 20, 1961 389 on University Avenue southerly of the city boundary. Your staff first determined whe- ther or not it was possible to annex this property to the City by reso- lution, believing that the best policy is to render water and sewer service only within the city limits. It was found that the Seven -Up property was not contiguous with the city boundary, and that the owners of the intervening property would not petition for annexation. Due to the impossibility of an- nexation by resolution, I therefore recommend the following: 1. That they be allowed to connect to the city sanitary sewer on the approimate basis of $3.45 per front foot of 140 feet, or a total of about $483.00. Also, that for the service they be charged 150% of the sewage rates. 2. That the Bottling Company be required to install at their own expense, a water line running along their entire frontage on University Avenue; that this wa- ter line be installed according to the size and specifications as required by the Water Depart- ment and subject to the Water Department's inspection; that the company be required to install a fire hydrant; that any future service off of this line be only to properties within the city limits; and that a connection charge as stipulated by the Water Department be rebated to the Company as other properties are connected to the line. Further, that the company be charged 125% of the present water rates. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved ap- proval of the recommendation pro- viding the Seven -Up people waive all objections to any future annex- ation of the area. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 15, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff the petition of Wilson Conlon re- questing the construction of a plat- ted alley between Alta Place and North Algona Street from Delaware north. This location has been investi- gated and surveyed, and it is found practicable to construct the alley only from Green Street to a dis- tance of about 200 feet in a south- erly direction. It is estimated that the work cost $1675.00. This would provide a rolled stone surface, a drain in the low spot of the pro- posed alley and a connection to the sewer in Green Street, which is ap- proximately 20 feet under ground. I am informed that the property holder on the west side of the in- tersection of the alley and Green Street does not particularly favor this improvement. The improve- ment however will not affect his present situation. I am also in- formed that the property holder of the second lot south of Green on Algona Street is in favor of the improvement. I recommend this improvement on the basis that it will improve a "messy" and undesirable situ- ation. I should like to inform the Coun- cil that even though they affirm this recommendation, the alley con- struction cannot take place until next summer. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that action on the Manager's recom- mendation be deferred until the next regular meeting. Seconded by Presiding Officer Pro Tem Schuel- ler. Carried by the following vote: Yeas—Presiding officer pro tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 16, 1951 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At budget time you appropriated $10,350.00 for three meter maids with the stipulation that you de- sired to review the plan before it was placed into operation. I am enclosing for your guidance, two letters from Police Chief Lucas dated November 14th and Novem- 390 Special Session, November 20, 1961 ber 15th. The first is a summary of the use of meter maids in other Iowa cities, and the second, out- lines the plan to be installed in Dubuque. In making your decision, I ask you to consider two benefits indi- cated by the Chief. First, increased parking meter enforcement, and second, the availability of two of- ficers for other duty. I emphasize the importance of the latter by pointing out that our traffic en- forcement is both vital and an increasing proposition. We need more men on the spot to direct and supervise congested vehicular traf- fic. We need more men patrolling speeders. We need more men en- forcing safety. I strongly recommend the meter maid plan and request your en- dorsement so that the plan will be in operation at the first of the year. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved t h a t action of the Manager's recom- mendation be deferred until the next regular meeting. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Council proceedings for the month of August 1961, presented for approval. Councilman Takos moved that the Council proceedings for the month of August 1961 be approved as printed. Seconded by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of October 1961, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 20, 1961. To the Honorable Mayor and City Council, Dubuque, Iowa. This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the approval of the City Solicitor: PERSONAL Victor J. Grice, Airport Commis- sion, U.S. Fidelity & Guaranty Co. HEATING Carlton Mettille d/b/a, Mettille Roofing & Sheet Metal Works, Hawkeye-Security Ins. Co. Robert J. Jacquinot d/b/a, A-1 Plumbing & Heating, Western Surety Co. Floyd Albert d/b/a, Veterans Home Heating Co., Merchants Mutual Bonding Co. SIDEWALK Jones Construction Co., American Surety Co. Edwin J. Koerperick, Western Surety Co. Statewide Construction Co., Des Moines, Iowa, American Surety Co. Elmer Burkart d/b/a, Burkart Fuel Company, American Surety Co. John Lasche, The Ohio Casualty Ins. Co. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Notice of claim of Herbert F. Witter, in the amount of $16.90, for damage to his car at the in- tersection of 26th & Jackson Street as the result of striking an exca- vation around a manhole cover on November 2, 1961, presented and read. Special Session, November 20, 1961 391 Councilman Takos moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Pre- siding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Notice of claim of Robert West- hoff, in the amount of $62.86, for damage to his car as the result of striking an excavation around a manhole cover at 19th & Jackson Street on November 2, 1961, pre- sented and read. Councilman Ta- kos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Notice of claim of Horace J. Selle Sr., in an un -named amount, for damage to his car as the result of striking chuck holes in Harrison Street on November 11, 1961, pre- sented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Notice of claim of J. A. Pye in the amount of $1000. for damage to his property as the result of a plugged up sewer on Pearl Street on November 3, 1961, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. ORDINANCE NO. 51-61 An Ordinance Fixing and Estab- lishing Rates to be Charged for the Furnishing of Natural Gas to Consumers within the City of Du- buque, Iowa; Fixing and Regulating the Method of Service thereof and Repealing Ordinance No. 50-57 and all Ordinances and Resolutions in Conflict Herewith, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Councilman Kean moved that the rules be suspended requiring an Ordinance to be read on three se- parate days. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. ORDINANCE NO. 51-61 An Ordinance Fixing and Estab- lishinn Rates to be Charged for the Furnishing of Natural Gas to Consigners Within the City of Du- buque, Iowa; Fixing and Regulat- ing the Method of Service There- of and Repealing Ordinance No. 50-57 and All Ordinances and Resolutions in Conflict Herewith. Now Therefore Be It Ordained By The City Council of The City OF Dubuque, Iowa: Section 1. Definitions (a) Company: As used herein the word "Cotmpaan or hall mean aporatan any person, holding a franchise to operate a gas distribution system in the City of Dubuque. b) B.T.U.: One B.T.U. Is the heat required to raise one pound of water one degree Fahrenheit. Section 2. Rate Schedule Commencing with all billings rendered on and after January 5, 1962, the rates to be charged to customers for gas consumed by them, by any person, firm or cor- poration suppiyinggas xt within the City of Dubuque, ecep otherwise provided, shall be fixed and determined as follows: SCHEDULE I. GENERAL SERVICE Availability: This rate is available to all l users of gas for general purposes Including space heating. Rate: First 500 Cu. Ft. per meter per mil. Net $1.50. Next 4,500 Cu. Ft. per meter 1 per no. ner MCF Net $1.60. Next 95,000 Cu. Ft. per meter per mo. per MCF Net $0.86. All ip exgesa of 1004100 Cu. Ft- 392 Special Session, November 20, 1961 'per meter pet mo. per MCF Net; $0.76. Minimum monthly charge per meter $1.50. SCHEDULE IL Interruptible Gas: Interruptible gas, when available, shall be furnished to commercial and Industrial users In acceord- ance with standard contract and rates on file with the City Clerk. Section 3. Regulations. Customers desiring general house heating service shall first ascer- tain from the person, firm or cor-I poration supplying gas, if such service is available at the desired location and then shall install only approved gas burning appa- ratus in compliance with the supplier's safety requirements, and applicable City Ordinances. Section 4. Tax Clause. To the total monthly bill as computed under any of the rate schedules, the company shall have the right to add all or part of the prorated Increase in the cost of natural gas to the company in any month resulting from the ad- dition of any excise tax levied on the natural gas as purchased or sold. The term "excise tax" where used above shall mean any oc- cupational production, severance, gathering, transportation, pipe- line footage, sales or other excise tax or tax of similar nature now or hereafter imposed by any law- ful governmental authority upon or In respect to the production, severance, transportation, p u r- ebase or sale o° the natural gas sold by the company. Any changes in rates under Section 4 shall be reported to the City Council on the basis there- for, not later than ten days from effective date of such change. Section 5. Meter Service. No person, firm or corporation supplying gas shall Install any meter or meters upon a customer's premise for the purpose of meas- uring gas to be supplied to said customer unless and until such meter has been properly cali- brated and adjusted within a period of six (6) months pre- ceding date of installation upon a customer's premise, so that the error in registration of rated meter capacity is within two per cent (2%) of accuracy. Any meter installed upon a customer's premise shall bear a label clearly indicating the date that said meter was tested and reralibrated. No meter shall be kept in service which has not been re- calibrated within a tett year period. The person, firm, or corpora- tion, supplying gas in the City of Dubuque shall keep on file a record of the test of each meter installed upon or retained in • service u n o n the customer's :premise after test, which record shall be available for inspection Iby officials of the City of Du- buque. Such record as filed shall indicate the name of the manu- Ifacturer of said meter, its serial number, type capacity, number iassigned to it by its owner, name •and address of the customer where said meter was In service I prior to said test, and the date of last previous test, together with the percentage of error 'above or below accuracy, as dis- '.closed by said test. Meters shall bs agluaNd to esWlater within plus or minus two per cent (2%) of accuracy at full load. Section 6. B.T.U. Content of Gas. The average gross heating value of the gas supplied hereunder shall approximate 1,000 B.T.U. per cubic foot. However, if in any month, the arithmetic average of gross heating values of the gas delivered at the City Border Station by the supplier shall be less than 975 or more than 1,025 B.T.U. per cubic foot, then the volumes of gas measured here- under during such period shall be decreased in proportion to the ,decrease below 975 or increased in proportion to the increase above 1,025 B.T.U. as the case may be. ' Section 7. Measurement of Gas Used. The unit of measurement of gas sold hereunder shall be a cubic foot of gas and the term "cubic foot of gas," wherever 'used shall mean a cubic foot of I gas at an absolute pressure of 14.65 pounds and a temperature of 60° Fahrenheit." Section 8. Prompt Payment. Customer's monthly bills shall ,be computed at the net rate and there shall be added to all bills hof $2.00 or less, a charge of 10 cents, and to all bills in excess of $2.00, a charge equal to the number of cubic feet of gas con- sumed at 10 cents per 1000 cubic feet; which charges shall be col- lected from those customers who fail to pay their net bill within ten (10) days from and after due date thereof. Section 9. Penalty. Any person, firm or corpora- tion who shall charge or exact other or different rates and charges for any type of service, the rates for which services are herein fixed and determined, or who shall violate any of the pro- visions hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not to exceed 800.00 or impris- oned not to exceed thirty (30) days in tail. Section 10. Repealing Prior Odinances. ' ordinance No. 50-57, adopted .August 12, 1957, and all other Ordinances ur parts of Ordinances 1.11 conflict herewith are hereby repealed. Section 11. This Ordinance shall be in full force and effect from and after its final passage, adop- Ition and publication as by law provided. Introduced the 20th day of No- (vember, 1961. Rule requiring reading on three separate days suspended by unani- mous vote the 20th day of No- vember, 1961. Passed by recorded roll pall 1vote, adopted and approved this 20th day of November, 1961. John P. Schreiber MAYOR James J. Kean Leo N. Schueller Peter J. Takos COUNCILMEN Attest: Leo F. Frommelt, CITY CLERK Published officially in the Tele. graph -Herald newspaper this 28th day of November, 1961. Leo F. Frommelt City Clerk. it. 11/28 Special Session, November 20, 1961 393 Councilman Kean moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Mr. Eugene Lang, the consultant hired by the City, stated he has been a utility rate consultant for about 26 years. After approximately one year of study it was his opinion that the best that could be accom- plished would be a saving to gas users of approximately $37,000. Mr. Dale TeKolste, Vice Presi- dent of Peoples Natural Gas, stated that there is an honest disagree- ment between the consultant and the Gas Company. The Company still has a deficiency in earnings. They have comprised to help people that were using small amounts of gas, which seems to be a solution to the problem. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider adop- tion of a Revised and re-established Building Code for the City, re- creating the office of Building Com- missioner, regulating the construc- tion, alteration, reconstruction, re- moval, maintenance, use, equip- ment and inspection of buildings and structures within the City and providing fees and penalties. pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Takos moved that the proof of publication be received and filed. Seconded by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Mr. George Deininger, chairman of the Building Code Committee, suggested to the Council that the effective date of the Ordinance be March 1, 1962. ORDINANCE NO. 56-61 An Ordinance revising and re- establishing a Building Code for the City of Dubuque, Iowa, re-creating the office of Build- ing Commissioner, regulating the construction, alteration, reconstruction, removal, main- tenance, use, equipment and inspection of buildings and structures within the City of Dubuque, Iowa; and providing fees for such inspection and penalties for violation of said Ordinance, said Ordinance having been pre- viously presented and read at a special Council meeting on Septem• ber 25, 1961, presented for Final Adoption. ORDINANCE NO. 56-61 An Ordinance revising and re- :establlshing a Building Code for the City of Dubuque, Towe, re- creating the office of Building Commissioner, regulating the con- struction, alteration, reconstruc- tion, removal, maintenance, use, equipment and inspection of build- ings and structures within then City and Dubuque, Iowa; fees for such inspection and pen- alties for violation of said Ordi- nance. NOW THEREFORE BE IT Op.- DAINED BY THE COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the Revised Building Code of Dubuque, Iowa, of 1961, hereafter referred to as the "Building Code" and a true cosy of which is attached hereto marked Exhibit "A" and by reference in- cluded herein be and the same is hereby adopted. Section 2- All ordinances or parts of ordinances insofar as conflicting herewith, are hereby repealed, but such repeal is to be without pre,u- dice to any rights heretofore cre- ated, unless specifically referred to existing conditions; and without prejudice to any penalties now ac- crued or any prosecutions for p-=st violation of any ordinances for which prosecutions are now pend- ing, or might have been brought, and such rights, penalties or prose- cutions aro hereby expressly saved to the City of Dubuque, or any other persons in interest. Section 1. The Building Code of Dubuque, Iowa, of 1924, re -P I llsii- ed in the year 1925, and all amend- ments thereto he and the same are hereby expressly repealed. Section 4. That the ordinance herein adopted shall be published in hook form. Section 5. That this said revised Building Code is adopted pursuant to legal published notice hes by a public hearing or public ic hear- ings which have been daily held. That the Council has determined that the proposed Revised Building Code attached herewith as Exhibit "A", shall be and is hereby adopt- ed a asBuildingoya. andthat an. of - of ns a q 394 Special Session, ficial copy of the Revised Building Code as adopted, including a cer- tificate by the City Clerk as to its adoption and the effective date is on file at the office of the City Clerk, where copies of such Revised Building Code are and shall be available for public inspection and for sale at cost to the public and that a copy of such Revised Build- ing Code shall be furnished to the State law libraries, the municipal libraries, and to all newspapers of general circulation published in the City of Dubuque, and to all commercial radio stations situated in the City of Dubuque. Section 6. This ordinance shall be in full force and effect on and after March 1, 1962. Introduced the 25th day of Sep- tember, 1961. Rule requiring reading on three separate days suspended by unani- mous vote the 25th day of Septem- ber, 1961. Passes by recorded roll call vote, adopted and approved this 20th day of November, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER JAMES J. ICEAN PETER J. TAKOS Councilmen 'Attest: LEO F. FROMMELT City Clerk Published officially In the Tele - 'graph -Herald newspaper this 28th qday of November, 1961. LEO F. FROMMELT City Clerk tit. 11/28 Presiding Officer Pro Tem Schueller moved the adoption of the Ordinance. Seconded by Coun- cilman Kean. Carried by the follow- ing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. ORDINANCE NO. 60-61 An Ordinance Granting Dan B. Grimes the Right to Construct a Sanitary Sewer in Thomas Place and providing the Terms and Conditions thereof, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Councilman Kean moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: November 20, 1961 Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. ORDINANCE NO. 60-61 An Ordinance Granting Dan B. Grimes the right to construct a sanitary sewer In Thomas Place and Providing the terms and conditions thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Dan B. Grimes be and he is hereby granted the right to construct an eight inch (8") vitrified tile pipe sanitary sewer to Thomas Place from the existing sanitary sewer northeast of Fengler Street northerly in Thomas Place to Lot No. 18, Block 1, Scott's 1st Addition upon the following terms and conditions: (A) That grantee agrees to con- struct said sewer within one year from the date of the adoption of this Ordinance and 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 plans approved by the State Department 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 contractor which contract among other things will con- tain a clause requiring the contractor to obtain all neces- sary permits required by the City of Dubuque or any other governmental agency, a clause obligating the contractor and his bondsmen to 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 con- tractor to furnish a surety bond with the City of Du- buque named as one of the obligees, guaranteeing t h e faithful performance of said contract. (D) That upon completion of said sewer and the acceptance of the same by the City Council said sewer shall become a public sewer under the exclu- sive charge and control of the City of Dubuque and Its free use as such shall not be Inter- ferred with by grantee or his successors or assigns. Section 2 That the authority granted herein shall terminate on December 18. 1961 unless the terms and conditions of this Ordinance ,are accepted In writing by the grantee prior to that date. Section 3 After sald sewer has been completed and the total cost 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 to connection with the construction of said sewer, Including engineering fees and the cost of restoring the surface of the street. Thereafter, any person or persons desiring to connect with said sewer except the grantee herein, shall first apply to the City Manager for permission to so do and such permission shall be gragto0 upon condition that the Special Session, November 20, 1961 395 applicant 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 he exacted for any extension of said sewer made by the City of Du- buque 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. Passe& adopted and approved this 20'h day of Novemher 1961. JOHN P. SCHREIBER, Mayor JAMES J. KF.AN. LEO N. SCHUELLER, PETER J. TAKOS, Councilmen Attest' Leo F. Frommelt City Clerk Published officially In the Tele- graph -Herald newspaper this 28th day of November 1961. LEO F. PROMMELT City Clerk it. 11-28 Councilman Kean moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Petition of Coates Insurance Agency requesting release of a sidewalk construction bond issued in behalf of Ed. Kirchberg, pre- sented and read. Presiding Officer Pro Tem Schueller moved that the release be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Petition of Elaine McGrath et al requesting the re -opening of the alley between Lombard Street and St. Joseph Street, said petition having been previously presented at the November 6, council meet- ing, presented and read. Council- man Takos moved that the petition be referred to the next regular Council m e e tin g. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Petition of United Cerebral Palsy of Dubuque requesting permission to conduct a campaign for funds on Sunday, January 14, 1962, pre- sented and read. Councilman Kean moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Petition of Peoples Natural Gas requesting permission to excavate in Evergreen Street, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Petition of Peoples Natural Gas requesting permission to excavate at 475 W. Locust at the Beth El Synagogue, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Petition of Tony's Christmas Tree Sales requesting permission to use the vacant street next to 805 Dodge for Christmas Tree Sales, presented and read. Presiding Officer Pro Tem Schueller moved that the petition be referred to the City Manager and City Solicitor. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takes. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Statement of City Clerk From - melt certifying that notices of as- sessment were mailed by ordinary mail on November 6, 1961, to the affected property owners of record covering the cost for the construc- tion of an 8" sanitary sewer in Shiras Avenue, presented and read. Councilman Takos moved that the statement be received and filed. Seconded by Councilman Kean. Car- ried by the following vote: 396 Special Session, November 20, 1961 Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Statement of Gerald J. Neyens certifying that notices of assess- ment and intention of the City Council to issue bonds were posted on November 6, 1961, in the as- sessment area of the Shiras Avenue 8" sanitary sewer, presented and read. Councilman Takos moved that the statement be received and filed. Seconded by Councilman Kean. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Proofs of Publication, certified to by the Publishers, of Notice of Levy of Special Assessment and Intention of the Council to issue bonds to pay for cost of construct- ing an 8" Sanitary Sewer in Shiras Avenue from the existing sanitary sewer in Shiras Avenue opposite the easterly property line of Lot 1 of Lot 3 of Mineral Lot 310 thence north-westerly to Shiras Avenue to the Corporation Limits, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Presiding Officer Pro Tem Schuel- ler. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 257-61 SCHEDULE OF ASSESSMENTS SHIRAS AVENUE SANITARY SEWER RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for SHIRAS AVENUE SANI- TARY SEWER by FONDELL & SONS, INC., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. Geo. F. & Ella Cota, Lot 1- 2, Cota Subdivision $ 74.32 Geo. F. & Slla Cota, Lot 2- 2, Cota Subdivsiion 195.58 Geo. F. & Ella Cota, Lot 3, Cota Subdivision Geo. F. & Ella Cota, Lot 4, Cota Subdivision 195.58 Geo. F. & Ella Cota, Lot 5, Cota Subdivision 195.58 Geo. F. & Ella Cota, Lot 6, Cota Subdivision 196.88 Geo. F. & Ella Cota, Lot 7, Cota Subdivision 325.97 Geo. F. & Ella Cota, Lot 8, Cota Subdivision 195.58 Geo. F. & Ella Cota, Lot 9, Cota Subdivision 195.58 Geo. F. & Ella Cota, Lot 10, Cota Subdivision 195.58 Geo. F. & Ella Cota, Lot 11, Cota Subdivision, 196.10 Geo. F. & Ella Cota, Lot 12, Cota Subdivision 366.39 Berdie Roseliep, Lot 2, Mineral Lot 311 743.20 Roy B. & Ruth M. Baker, Lot 1-1, Mineral Lot 311 217.49 Jerry R. Potter, Lot 11, Potter's Shiras Ave Place 43.55 Jerry R. Potter, Lot 9, Pot- ter's Shiras Ave .Place274.59 Jerry R. Potter, Lot 8, Pot- ter's Shiras Ave. Place195.58 Eldon F. & Ellen M. Newt, Lot 7, Potter's Shiras Ave. Place Jerry R. Potter, Lot 6, Pot- ter's Shiras Ave. Place195.58 Lenore A. Anthony, Lot 5, Potter's Shirai Ave Place •Katherine & Carole George, Lot 2-1-1-1, Pot- ter's Shiras Ave. Place234.70 Jerry R. Potter, Lot 4, Pot- ter's Shiras Ave. Place260.77 Jerry Potter, Lot 3, Pot- ter's Shiras Ave. Place195.58 Jerry R. Potter, Lot 2, Pot- ter's Shiras Ave. Place195.58 Dennis P. & Betty Kay Do- lan, Lot 1, Potter's Shir- as Ave. Place 194.28 Otto Berendes Est., Lot 1- 2-2-3, Mineral Lot 3101,660.30 195.58 391.16 130.39 Total assessable amount$6,816.47 1408 Lin. ft. 8" V.T.P. @ 2.76 $3,886.08 28 no. of 8"x6" x 2'Y branches To 2.96 82.88 Manholes 34 lin. ft. Ht. in ft. of side- wall @ 17.45 593.30 4 no. of x bases n, 26.00104.00 4 no. of rings & covers fa 51.00 204.00 Special Session, November 20, 1961 397 576.3 tons base stone @ 2.50 1,440.75 8% extra expense 5% — 52 days $6,311.01 504.88 45.58 $6,861.47 All of which is assessed in pro- portion to the special benefits con- ferred. Passed adopted and approved this 20th day of November 1961. LEO N. SCHUELLER Presiding officer pro tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT Councilman Takos moved the adoption of the resolution. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilman Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Proof of Publication ,certified to by the Publishers, of Notice of pub- lic hearing to consider a proposal to authorize the issuance of sewer bonds in the amount of $6,861.47 for the purpose of paying for the construction of an 8" sanitary sewer in Shiras Avenue presented and read. Councilman Takos moved that the proofs of publication be re- ceived and filed. Seconded by Pre- siding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilman Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 258-61 RESOLUTION PROVIDING FOR THE ISSUANCE OF SEWER BONDS FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE ASSESSED COST OF THE SHIRAS AVENUE SANITARY SEWER. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $6,861.47 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of an eight inch (8") Sanitary Sewer in Shiras Avenue from the existing sanitary sewer in Shiras Avenue opposite the easter- ly property line of Lot 1 of Lot 3 of Mineral Lot 310, thence north- westerly in Shiras Avenue, to the Corporation Limits. there shall be issued Sewer bonds in the amount of $6,861.47 Dollars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of December 21, 1961; and shall be numbered consecutively; and they shall be numbered, di- vided into series, and be in such denominations and for such ma- turity dates as are shown in the following table: Series Bond Denomination Maturity No. No. 1 3453 $500.00 2 3454 $500.00 3 3455 $500.00 4 3456 $500.00 5 3457 $500.00 6 3458 $500.00 7 3459 $500.00 8 3460 $500.00 8 3461 $500.00 9 3462 $500.00 9 3463 $500.00 10 3464 $500.00 10 3465 $500.00 10 3466 $361.47 April 1, 1962 April 1, 1963 April 1, 1964 April 1, 1965 April 1, 1966 April 1, 1967 April 1, 1968 April 1. 1969 April 1, 1969 April 1, 1970 April 1, 1970 April 1, 1971 April 1, 1971 April 1, 1971 3. Said bonds shall bear interest at the rate of 5 per cent per annum payable semi-annually in accord- ance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, 398 Special Session, November 20, 1961 Special Session, November 20, 1961 399 except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. Series No. CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of , or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred Dollars w i th interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 20th day of November, 1961, being Resolution No. 258-61, the provisions of which are incorpor- ated by reference into this Bond. This Bond is one of a series of 14 bonds, 13 for $500.00 numbered from 3453 to 3465 both inclusive and one for $361.47 numbered 3466, all of like tenor and date, and issued for the purpose of con- structing the Shiras Avenue Sani- tary Sewer as described in said Resolution, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1233 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 21st day of December, 1961. (SEAL) Mayor City Clerk (Form of Coupon On day of the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, being months' in- terest due that date on its Bond No. dated Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deli- ver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1233 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature bf the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regu- lar United States Mail addressed to the last known address of the purchaser. Adopted this 20th day of Nov- ember, 1961. LEO N. SCHUEIJ.FR Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT Councilman Takos moved the adoption of the resolution. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays -None. Absent—Mayor Schreiber, Coun- cilman Schaller. October 17, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: This is to advise you that the City of Dubuque 1961 Concrete Paving Project with Integral Curb has been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the ac- ceptance of the above named pro- ject, Very Truly Yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Caried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. FINAL ESTIMATE RESOLUTION NO. 259.61 WHEREAS, the contract for the City of Dubuque 1961 Concrete Paving with Integral Curb 1. 16th Street from the east prop- erty line of Elm Street to the west property line of Sycamore Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $32,491.63. That $31,174.84 of the cost there- of shall be assessable upon pri- vate property and $1,316.79 shall be paid from the Street Construc- tion Fund 135-J-1 of the City of Dubuque. Passed adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Presiding Officer Pro Tem Schueller moved the adoption of the resolution. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. (A Resolution Accepting and Di- recting the Clerk to Publish No- tice.) RESOLUTION NO. 260.61 WHEREAS, the contract for the City of Dubuque 1961 Concrete Paving Project No. 1 with Integral Curb. 1. East 16th Street from the East property line of Elm Street to the West property line of Sycamore Street. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby 400 Special Session, November 20, 1961 directed to prepare a plat and schedule showing the lots or par- cels of real setate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passer, adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays -None. Absent -Mayor Schreiber, Coun- cilman Schaller. September 26, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The preliminary schedule of assessments on the city of Dubuque 1961 Concrete Curb & Gutter, and the City of Dubuque 1961 Bitum- inous Projects has been certified to the office of the County Auditor under date of May 8, 1961. A typographical error was dis- covered in the listing of the sched- ule of assessments for Lorimer Street. Certain lots are shown as being in St. George Sub. Block 4, which should be shown as being in St. George Sub. Block 2 as follows: Eldon T. Herrig, St. George Sub. Block 2 Lot 1. Eldon T. Herrig, St. George Sub. Block 2 Lot 11. Eldon T. Herrig, St. George Sub. Block 2 Lot 12. In order to correct the error, I recommend that a certified copy of this letter showing approval of the Council be filed by the City Clerk with the County Auditor to be attached to the preliminary schedule of assessment to correct original error in the filing of Lorimer Street schedule. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Presiding Officer Pro Teen Schueller. Carried by the following vote: Yeas -Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays -None. Absent -Mayor Schreiber, Coun- cilman Schaller. September 26, 1961 Honorable Mayor and City Council City of Dubuque Gentlemen: The preliminary schedule of as- sessments on the City of Dubuque 1961 Bituminous Concrete Surfac- ing has been certified to the office of the County Auditor under date of May 8, 1961. A deletion of lots was discovered in the listing of the schedule of assessments for Woodlawn Str^et. Certain lots are shown as being a part of assessments which should be deleted as follows: Norbert J. & Leona Nauman, High- land Park, Lot 1-2-29. John G. & Mary R. Cullen, High- land Park, Lot 1-2-30. Robert J. & Dorothy Lepsch, High- land Park, Lot 2-1-1-1-1-2-31. Merlin P. & Armelia Kluck, Syl- vester Kluck Pl., Lot 2-1. Simon 0. & Dorothy Ossian, Clar- ence Strub Sub., E-66'-7. Clarence & Dorothy Murphy, Clar- ence Strub Sub., W-9'7. Clarence & Dorothy Murphy, Clar- ence Strub Sub., Lot 8. Ronald & Ruth E. Brown, Clarence Strub Sub., Lot 9. Marin H. & Eileen Arline, Clar- ence Strub Sub., Lot 10. Thomas & Kate Tselepis, Clarence Strub Sub., Lot 11. James Strub, Clarence Strub Sub., Lot 12. Special Session, November 20, 1961 401 In order to correct the error, I recommend that a certified copy of this letter showing approval by the Council be filed by the City Clerk with the County Auditor to be attached to the preliminary schedule of assessment to correct original error in the filing of Woodlawn Street schedule. Respecfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas -Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays -None. Absent ----Mayor Schreiber, Coun- cilman Schaller. October 17, 1961 The Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: This is to advise you that the City of Dubuque 1961 Bituminous Concrete Paving Project No. 1 Sections 1 and 111 has been com- pleted in accordance with the City of Dubuque plans and specifica- tions. I, therefore, recommend the ac- ceptance of the above named pro- ject. Very Truly Yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Presiding Officer Pro Tem Schuel- ler. Carried by the following vote: Yeas -Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays -None. Absent -Mayor Schreiber, Coun- cilman Schaller. FINAL ESTIMATE RESOLUTION NO. 261-61 WHEREAS, the contract for the City of Dubuque 1961 Bituminous Concrete Project No. 1 - Sections I and III. SECTION 1 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 Brunswick Avenue to East Property Line of Lot 103 Belmont Addition. 3. Emerson Street from West Prop- erty Line of Lincoln Avenue to East Property Line of Prescott Street. 4. Carlton Avenue from West Prop- erty Line of Brown Avenue to Southwest end of Carlton Ave- nue. 5. St. George 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 Property Line of Valley Street to West end of existing Riker Street. 8. Woodlawn Street from North Prcperty Line of Asbury Road to South Property Line of Lindaic Street. 9. Lindale Street from West Prop- erty Line of Lot 3 of Clarence Struh's Subdivision to East Prop- erty Line of Lot 2-1-30 of Iligh- land Park Addition. 10. Karen Street From East Prop- erty Line of Lot 9 Block 1 Clo- ver Hill Subdivision to East Prop- erty Line of Carter Road. 11. Kevindale Street from North Property Line of Karon Street to South Property Line of Lin - dale Street. 12. Avoca Street from South Prop- erty Line of Cherry Street to North Property Line of Decorah Street. 13. Decorah Street from West Prop- erty Line of Avoca Street to West Property Line of Irving Street. 14. Solon Street from East Prop- erty Lire of Nevada Street to Wrist Property Line of Booth Street. 15. Keokuk Street from Northwest Property Line of Primrose Street to Northwest end of Street. 16. Alpha Avenue from South Prop- erty Line of Ilinois Avenue to North Property Line of Van Buren Street. 17. West 7th Street from East Property Line of Hill Street to West Property Line of Prospect Street. 18. Lorimer Street f r o m North Property Line of Levi Street to North Property Line of South Avenue Addition. 402 Special Session, November 20, 1961 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 Prop- erty Line of St. Joseph Street to South Property Line of Lom- bard Street. 21. Lombard Street f r o m West Property Line of Collins Street to West Property Line of Gon- dolfo Street. SECTION 111 1. Lombard Street f r o m North Property Line of Dodge Street to the West Property Line of Lot 2 of 1 of 1 of 1 of 1 of 1 of 2 of 1 of 1 and Lot 2 of Sisters Addition. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $72.805.18. That $65,050.13 of the cost there- of shall be assessable upon private property and $7,755.05 shall be paid from the Street Construction 135 J-1 Fund of the City of Dubu- que. Passed, adopted and approved this 20th day of November 1961. LEO N. SCHUETLFR Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Presiding Officer Pro Tem Schueller moved the adoption of the resolution. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 262.61 WHEREAS, the contract for the City of Dubuque 1961 Bituminous Concrete Paving Project No. 1 Sections I and III have been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendations of the City Manager be approved and that said improvement be and the is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Tokas moved the adoption of the resolution. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. October 17, 1961 The Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the City of Dubuque 1961 Concrete Curb and Gutter Project No. 1 has Special Session, November 20, 1961 403 been completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the ac- ceptance of the above named pro- ject. Very Truly Yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Presiding Officer Pro Tem Schueller. Caried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. FINAL ESTIMATE RESOLUTION NO. 263-61 WHEREAS, the contract for the City of Dubuque 1961 Concrete Curb and Gutter Project No. 1. 1961 CONCRETE CURB & GUTTER PROJECT NO. I — SECTION I 1. O'Neill Street from West Prop- erty Line of Brunswick Avenue to the East Property Line of Lot 103 Belmont Addition. 2. Emerson Street from the South- east Property Line of Prescott 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 Prop- erty 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 Prop- erty Line of Van Buren Avenue to the South Property Line of Pennsylvania Avenue. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $38,042.36. That $27,436.47 of the cost there- of shall be assessable upon pri- vate property and $10,605.89 shall be paid from the Street Construc- tion Street Road Use Tax Fund 135-J-1 of the City of Dubuque. Passed, adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding officer pro tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Presiding Off icer Pro Tem Schueller moved the adoption of the resolution. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 264-61 WHEREAS, the contract for the City of Dubuque 1961 Concrete Curb and Gutter Project No. 1 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendations of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the 404 Special Session, November 20, 1961 C'ty Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to Ievy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- cen'age provided for therein. Passed, adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding Officer Pro Tern JAMES J. KEAN PETER J. TAKOS Councilmen LEO F. FROMMELT City Clerk Councilman Takos moved adoption of the resolution. conded by Councilman Kean. ried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. November 13, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Attest: the Se- Car - Gentlemen: I recommend that the following f'nancial transfers and transactions b^ made in order to enable you to undertake the Dutch Elm disease control program outlined in the :ark Board's recommendation to the City Council, dated October 4. 1961: 1. Transfer from the Gen- eral Fund to the Street Fund, Tree Trimming Account $10,000.00 2.114ake available for the program an estimated unused balance of the Street Fund, Tree Trim- ming Account $ 3,000.00 3. Transfer from the Fnow Removal Account to the Tree Trimming Account, both being in the Street Fund $ 7,000.00 4. Transfer from the Li- quor Sales Profit Fund, Tree Trimming Acct. $13,000.00 5. Make available, f o r equipment expenditure of the program, an un- used balance of the re- creation Fund — Park, Park Improvement Ac- count $10,000.00 TOTAL $43,000.00 Further, that these funds be made available as soon as possible this fiscal year with the under- standing that any unexpended por- tion at the year-end will be ear- marked for the program and will be reappropriated for the pro- gram in 1962. The funds should be so appro- priated as to reflect increases shown in the following budget accounts: ITEM 130, TREE TRIMMING A. Personnel $13,500.00 F. Maintenance 500.00 K. Disease Control 1,500.00 E. Equipment 17,500.00 ITEM 144C, PARK IMPROVEMENT E. Equipment $10,000.00 Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Presidirg Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 265-61 Resolution for transfer of $13,000.00 from the Liquor Sales Fund to the Street Fund. WHEREAS. there is now in the hands of the Treasurer of the City of Dubuque, Iowa, the sum of 529,246.89 credited to Liquor Sales Fund; and WHEREAS, an emergency exists in far as the cash in the Street Fund will be insufficient to com- bat an emergency of Dutch Elm Tree Disease; therefore be it RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA, that $13,000.00 be Transferred permanently to the Street Fund, from the Liquor Sales Special Session, November 20, 1961 405 Fund of said municipality, ac- I cording to the (Code of 1954, Sec. 123.50) The Treasurer of said munici- pality upon receipt of the approval of the City Council is hereby di- rected to correct his books ac- cordingly and to notify the City Auditor of the transfer. Passed, adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Presiding Officer Pro Tem Schueller moved the adoption of the resolution. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 266-61 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS WHEREAS, there in now in the hands of the treasurer the sum of $94,134.29, credited to the Gen- eral fund, and WHEREAS, there is now in the hands of the treasurer the sum of $44,123.33, credited to the Street fund, and WHEREAS, it is desired to trans- fer $10,600.00 from the General Fund to the Street Fund, for the following reasons: To increase the Street Fund Unappropriated Cash Reserve, needed to amend the current Street Fund budget to combat an emer- gency of Dutch Elrn Tree Disease. and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa, and WHEREAS, there is sufficient money in the General fund to meet all demands thereon, and WHEREAS all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque of Dubuque Coun- ty, Iowa, subject to the approval of the State Comptroller, that said sum of $10,000.00 be, and the same is hereby transferred from the creral funds to the Street fund, and the Ciiy Auditor (Secretarial officer) is directed to correct his books accordingly and to notify the +rasurer of this transfer, accom- panying the notification with a ropy of this resolution and the record of its adoption. The vote hereon was as follows: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. I hereby certify the above to be a true and correct copy of reso- lution passed by the City Council on the 20th day of November, A.D. 1961. LEO F. FROMMELT (Secretarial officer) Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber. Coun- cilman Schaller. APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 27 day of November, 1961. MARVIN R. SELDER Jr. State Comptroller. ORDINANCE NO. 61-61 Au Ordinance Amending Bud- get as approved by Resolu- tion No. 167-60 and Ordinance ....No. 1-61 by allocating for pay- ment of $23,000 in the Street Fund, presented and read, Councilman Kean moved that the reading just had be considered t' n first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: I P- c sng Officer Pro Tem tingilnien Rean. Takos. Nay._""--.. zhse:;_. yr Sc` =per, Coun- cilman Schaller. Councilman Kean moved that the ruins be suspended requiring an Ordination to be read on three separate dans. Seconded by Coun- c'bnan T,kos. Carried by the fol- lowing vote: 406 Special Session, November 20, 1961 Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Councilman Kean moved that a public hearing be held on the Ordinance on December 4, 1961, at 7:30 P. M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Takos. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 267.61 Amending Allocation of Funds. WHEREAS, the City Council of the City of Dubuque allocated funds within the Street Fund and the Recreation Park Improvement Fund, on January 3, 1961 and WHEREAS, Paragraph 3 of Sec- tion 5 of the Acts of the Fifty Fourth General Assembly provides that the City Council may amend the allocation of funds within the functional funds by resolution, therefore, Be it resolved that the allocation of funds within the Street Fund and Recreation Park Improvement Fund are hereby amended by the following changes: STREET FUND Item 130 K Tree Trimming Disease Control: from 11,430.80 to 8,430.80 Item 130 E Tree Trimming Equip- ment: from —0— to 3,000.00 Item 141 Snow Removal: from 62,050.00 to 55,050.00 Item 130 E Tree Trimming Equip- ment: from —0— to 7,000.00 RECREATION—PARK IMPROVE- MENT FUND Item 144 C Park Improvement: from 37,500.00 to 27,500.00 Item 144 CE Park Improvement Equipment: from —0— to 10,000.00 Passed, adopted and approved this 20th day of November, 1961. LEO N. SCHUFJJ ER Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Presiding Of f i c er Pro Tem Schueller moved the adoption of the resolution. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Communication of Mr. Ray Vy- verberg submitting an offer of $25.00 for the purchase of Lot "A" Vacated Saunders Street (West Saunders Street), presented and read. Presiding Officer Pro Tem Schueller moved that the bid offer be referred to the City Manager and Engineer. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Communication of Frank A. Fluckiger submitting an offer of $200. for the purchase of Lot "A" Block 29 Dubuque Harbor Co.'s Addn. presented and read. Coun- cilman Takos moved that the bid be rejected. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 268-61 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address John R. McCarty, 2093 Washing- ton Street BE IT FURTHER RESOLVED Special Session, November 20, 1961 407 that the bond filed with the appli- cation be approved. Passed, adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding Officer Pro Tem 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—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 269-61 WHEREA 5, applications for Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" PERMIT Name Address John R. McCarty, 2093 Washing- ton Street Fay Miller, 720 Iowa Street CLASS "B" PERMIT FOR PRIVATE CLUB American Veterans of World War H (Amvets), 429 Main Street Passed, adopted and approved this 20th day of November, 1961. LEO N. SCHUELLER Presiding Officer Pro Tem JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Presiding Officer Pro Tem Schueller. Carried by the following vote: Yeas—Presiding Officer Pro Tem Schueller, Councilmen Kean, Takos. Nays—None, Absent—Mayor Schreiber, Coun- cilman Schaller. RESOLUTION NO. 270-61 W H E R E A S, applications for Class "B" 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 compo with the ordinances of this Cib and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuqu.l, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS "B" PERMIT Name Address John R. McCarty, 2093 Washin..- ton Street Fay Miller, 720 Iowa Street CLASS "B" PERMIT FOR PRIVATE CLUB American Veterans of World Wa. II (Amvets), 429 Main Street BE IT FURTHER RESOLVED that the bonds filed by such appL cants be and the same are hereby, approved. Passed, adopted and approved this 20th day of November, 1961 LEO N. SCHUEIJ FR Presiding Officer Pro Ten JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas --Presiding Officer Pro Tern Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. Mrs. Robert McCabe addressed the Council by stating that in her opinion the Council would do well to consider hiring of Veterans or older men when considering meter maids. There being 110 further business Councilman Takos moved to ad- journ. Seconded by Councilman Kean. Carried by the following vote: 408 Special Session, November 20, 1961 Yeas—Presiding Officer Pro• Tem Schueller, Councilmen Kean, Takos. Nays—None. Absent—Mayor Schreiber, Coun- cilman Schaller. LEO F. FROMMELT City Clerk. Approved Adopted Councilmen Attest: 1962. 1982. 'ity Clerk Special Session, November 24, 1961 409 CITY COUNCIL OFFICIAL Special Session, November 24, 1961. Council met at 12:15 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 meeting is called to consider an offer for purchase of city owned Lot "A" Block 29 of Dubuque Harbor Co's Addn. and acting upon such other business as may pro- perly come before a regular meet- ing of the City Council. Communication of F rank A. Fluckiger submitting an offer of $410. plus publication costs, for the purchase of Lot "A" Block 29 of Dubuque Harbor Co's Addn. in the City of Dubuque, presented and read. Councilman Takos moved that the offer of purchase be ac- cepted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller Schueller, Takos. Nays—None. RESOLUTION NO. 27161 WHEREAS, the City Council of the City of Dubuque has hereto- fore passed adopted and approved Ordinance No. 58-61, vacating the alley lying between Salina Street and Huff Street, now platted and described as Lot "A" of Block 29, Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, sub- ject to easement of record, in- cluding switch track easements of record; and easement for utilities; and WHEREAS, the City of Dubuque desires to dispose of said real estate by sale to Frank A. Flucki- ger for the sum of $410.00, includ- ing the costs of publication. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby ordered to publish notice of proposal to dis- pose of real estate, by sale to Frank A. Fluckiger for the sum of $410.00, and that the date of hearing on said disposal of real estate be and the same is fixed for the 18th day of December, 1961 at 7:30 o'clock P.M. at the City Council Chamber in the City Hall in the City of Dubuque. Passed, adopted and approved this 24th day of November, A.D. 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUEI i ER 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 K e a n, Schaller Schueller, Takos. Nays—None. November 20, 1961 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The undersigned owners of Lot 1 of M. L. 451 and Lot 2 of 1 of 1 of M.L. 452, Lot 1 of 1 of 1 of M.L. 452 all in Section 16, Dubuque Township; Lot 2 of Lot 2 of W1 of NE'/4 and Lot 1 of Lot 1 of NE'/4 of NE'/4 all in Section 21, Dubuque Township; Lot 3 and the Westerly three acres of Lot 1, John P. Mettels Sub. No. 2; Lot 2 of Lot 2, John P. Mettels Sub. No. 2; and Lot 4 of 3 of 1, Highland Farm, Sec. 22, Township 89 North Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, petition your honorable body to annex this area to the City of Dubuque, Iowa. We are owners of 100% of the property proposed to be annexed. It is proposed to submit a plan for the subdivision of this prop- erty as soon as the various legal and engineering work can be com- pleted. This area is adjacent to the existing corporation line along the west line of Lot 2 of 1 of 1 of 410 Special Session, November 24, 1961 1 of 1 of 1 of Clarence Arlen Place. Respecfully submitted, Clarence J. Arlen Dolores M. Arlen Louisa Brown Raymond J. Lindecker Eleanor A. Lindecker Paul D. Johansen Elfrida M. Johansen Councilman Takos moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller Schueller, Takos. Nays—None. November 20, 1961 Honorable Mayor and City Council Dubuque, Iowa Gentlemen, In connection with the petition presented for annexation of cer- tain lands outside the City of Du- buque adjacent to the West City Limits and adjoining Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Clarence Arlen Place in Du- buque, Iowa, the Dubuque County Board of Supervisors hereby agree to co-operate in whatever manner necessary to affect the said annex- ation. The Chairman of the Board of Supervisors is to notify the city that the county will convey what interest the county may have in that portion of the Old Timers Road 393.1 feet South of the North West Corporation line of Section 15, Dubuque Township, to the City of Dubuque and in that man- ner the City will have adjoining property crossing a county road. Respecfully submitted, DUBUQUE COUNTY BOARD OF SUPERVISORS JOE H. KONZEN Chairman Councilman Schueller moved that the communication be received and made a matter of record. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller Schueller, Takos. Nays—None. KNOW ALL MEN BY THESE PRESENTS - The Dubuque County, State of Iowa, by its Board of Supervisors, in consideration of good and valu- able consideration in hand paid do hereby Quit Claim unto the City of Dubuque, County, Iowa, all its rights, title and interest in and to the following described real estate, situated and lying in Dubuque County, State of Iowa, to -wit: The North 255 feet of Lot 4 of Lot 3 of Lot 1 of Highland Farm Addition in Section 15 Township 89 North -Range 2 East, and the South 255 feet of Lot 1 of Lot 1 of Lot 1 of Mineral Lot452 in Section 16 Township 89 North Range 2 East according to the recorded Plat thereof, and the said Dubuque County, Iowa releases all its claims in and to the above described premises. Signed this 28th day of Novem- ber A.D. 1961. Dubuque County, Iowa By Joe T. Konzen, Chairman of Board of Su- pervisors and Harold P. Meloy, County Auditor STATE OF IOWA, SS DUBUQUE COUNTY, On this 28th day of November A.D. 1961, before me Clerk of the District Court in and for said County, personally appeared Joe T. Konzen, Chairman of the Board of Supervisors, and Harold P. Me- loy, County Auditor, to me person- ally known, who being by me duly sworn did say that they are the Chairman of the Board of Su- pervisors and County Auditor, re- spectively of the County of Du- buque, and that the seal affixed to said instrument is the corporate seal of said County. That said instrument was signed and sealed in behalf of said Coun- ty by authority of its Board of Supervisors and that the said Joe T. Konzen and Harold P. Me- loy acknowledged said instrument to be the voluntary act and deed of said County of Dubuque, Iowa, by it voluntarily done and exe- cuted. Harold N. Hilbert, Clerk of the District Court in and for the County of Du- buque, State of Iowa. sL Special Session, November 24, 1961 411 RESOLUTION Be it resolved by the Board of Supervisors of Dubuque County, Iowa that the deed executed and acknowledged, on behalf of this County, conveying to the City of Dubuque, Dubuque County, Iowa, the North 255 feet of Lot 4 of Lot 3 of Lot 1 of Highland Farm Addi- tion in Sec. 15, T. 89N, 112E. of the 5th P.M. and the South 255 feet of Lot 1 of Lot 1 of Lot 1 of Min- eral Lot 452 in Sec. 16, T89N, R2E. of the 5th P.M. according to the recorded plat thereof, for good and valuable consideration executed on the 28th day of November 1961, is hereby approved and confirmed by the Board. Roll Call resulting as follows, ayes: Konzen, Orr and Tigges; nays: none; resolution was de- clared adopted. JOE T. KONZEN Chairman Attest: HAROLD P. MELOY County Auditor I, Harold P. Meloy, County Audi- tor, hereby certify that the above to be a true and correct copy of resolution passed by the Board of Supervisors of Dubuque County on the 28th day of November 1961. Harold P. Meloy County Auditor, and Secre- tary to the Board of Super- visors of Dubuque County, Iowa. RESOLUTION NO. 272.61 Whereas, the owners of an area approximately 60 acres in size im- mediately adjoining t h e North Westerly City Limits in the City of Dubuque, Iowa and adjoining Clover Hills Subdivision in the City of Dubuque have made appli- cation for annexation of said terri- tory to the City of Dubuque, Iowa and Whereas, the said territory is being substantially built up and; Whereas, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protec- tion if said territory is incoporated within the city limits of the City of Dubuque, Iowa; and Whereas, the inhabitants of said territory will be enabled to secure water, sewer, and other municipal services if said territory is incor- porated within the City limits of the City of Dubuque, Iowa; and Whereas, Section 362.30, Code of Iowa 1958, authorize the ex- tension of city limits in situations of this character by the adoption of a resolution therefor; and Whereas, the future growth, de- velopment, and preservation of the public health of the City of Du- buque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and Whereas, it is necessary to pro- vide for the orderly and system- atic growth and development of the territory adjoining the City of Dubuque, Iowa; Now therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby ex- tended North Westerly from the West boundary of Clover Hills Subdivision by annexing to the City of Dubuque, Iowa, the terri- tory embraced within the following described boundaries towit: Beginning at the N.W. Corpor- ation line 33.0 feet East and 1320.0 feet North of the S.W. Corner of Section 15, Township 89 North, Range 2 East of the 5th Principal Meridian, thence West 1300.0 feet to the East Right of Way line of Bonson Road, thence South 6° 15' West to the North line of the Asbury Road, thence South 59' 15' East along the North right of way line of Asbury Road to the East line of Lot 3, John P. Mettels Sub. No. 2, thence N 24° 55' East 267.00 feet, thence East 378.0 feet, thence North 575.0 feet, thence West 223.72 feet, thence North 336.73 feet, thence West 176.78 feet, thence North 600.0 feet, thence East 468.6 feet, thence North to the point of beginning. Passed, adopted and approved the 24th day of November, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUF.I IFR LOUIS SCHALLER ER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk 1 412 Special Session, November 24, 1961 Councilman Schueller moved the adoption of the resolution. Se- conded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller Schueller, Takos. Nays—None. There being no further business Councilman Takos moved to ad- journ. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. LEO F. FROMMELT City Clerk Approved Adopted Councilmen 1962. 1962. Attest City Clot k t1' Regular Session, December 4, 1961 413 CITY COUNCIL OFFICIAL Regular Session, December 4, 1961. Council met at 7:3P 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 regu- lar monthly meeting of the City Council called for the purpose of acting upon such business as may properly come before the meet- ing. Communication of Brotherbood of Railroad Trainmen stating that their representatives met with the Dock Commission relative to ship- ments of lard by barge and re- questing consideration in placing a member of the Railroad industry on the Dock Commission, presented and read. Mayor Schreiber moved that the communication be referred to the Council for consideration if an appointment ever needed on the Dock Commission. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Communication of Edward 0. Freers advising that he has a for- mula perfected to combat Dutch Elm Disease, presented and read. Councilman Schaller moved that the communication be referred to the Park Board. Seconded by May- or Schreiber. Carried by the fol- lowing vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Communication of City Manager Chavenelle, resubmitting for ac- tion, recommending improvement of the alley between Alta Place and N. Algona from Delaware north, relative to the petition of Wilson Conlon et al, presented and read. Councilman Schueller moved that the Council view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Petition of John F. Glab et al requesting that the alley between N. Algona and Alta Place ftom the Green Street end be not opened, presented and read. Councilman Schueller moved that the Council view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Councilman Schueller moved the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. Mr. Wilson Conlon addressed the Council relative to his petition to open the alley and construct a sewer in the alley between Alta Place and N. Algona from Dela- ware north, stressing the urgent need for proper drainage to the rear of two homes presently under construction. He agreed to fill in to the alley level. Communication of City Manager Chavenelle recommending the me- ter maid plan and requesting Coun- cil endorsement, action on same having been previously deferred, presented and read. Councilman Schaller moved that the recom- mendation of the City Manager be approved and the hiring of the meter maids be left to the City Manager and Chief of Police. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Schreiber, Council- men K e a n, Schaller, Schueller, Takos. Nays—None. November 21, 1961 To the Honorab'e Mayor and City Council Dubuque. Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Trea- surer, City Health Department and