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1960 August Council Proceedings388 Special Session, July 18, 1960 with the ordinances of this City and they have filed proper bonds; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Eldon A. Morett, 67S Central Avenue. Sohn L. & Viola Savary, 827 Dodge Street. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 18th day of July, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREDIER Councilmen Attest: LEO F. FAOMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Schreib- er. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman George A. Freund stated that this is his last official meeting as a member of the City Council. He expressed his sincere thanks to the members of the City Council for their association and cooperation during the two and one-half years that he served on the Council. Councilman Leo N. Schueller expressed his sincere regret that Councilman Freund was leaving the Council and wished him the best of luck in his new line of endeavor. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Leo F. Frommelt City Clerk. APProved ....................................1980 Adopted Councilmen S .................................... Attest : ............................ City Clerk Regulaz Session, August 1, 1960 389 CITY COUNCIL Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen OFFICIAL Schaller, Schreiber, Schueller. Regular Session, August 1, 1960. Nays-None. Council met at 7:30 P.M. Vacancy-One. Present-Mayor Takos, Council- Councilman Schaller moved that Schueller. Schreiber men Schaller the rules be suspended in order , , City Manager Gilbert D. Chave- to allow anyone present address nelle. One Councilman vacancy. the Council if they so desire. Sec- Mayor Takos read the call and onded by Councilman Schueller. stated that this is the regular Carried by the following vote: monthly meeting of the City Coun- Yoas-Mayor Takos, Councilmen cil for the purpose of acting upon Schaller, Schreiber, Schueller. such business as may properly Nays-None. come before the meeting. Vacancy-One. Proof of Publication, certified Mr. L. J. Schiltz addressed the to by the Publisher, of Council by making inquiry i£ any BUDGET ESTIMATE AND RECORD OF FILING Town and City Estimate NOTICE-The City councll of Dubuque of Dubuque County, Iowa, wm meet August 1, 1960, at 7:30 P.M. et City Hall. 't'axpayers wnl be heard for or against the follow ing est[mate of expenditures for the year beginning January 1, 1961. A detaned statement of receipts and disbursements, both past and anticipated wlll be avallable at the hearing. LEO F. FROMMELT, City Cleric 1 8 8 9 8 8 x a ~ EXYF.SDITiiREa Pro[wsed Xstimv[ed getlmaled Amount 1TIND9 ~ .a ~ FOH YEAR Eap¢ndi[uree Cwnm:^.Uer d Income Other tteceasacr to ~ canmarma less nasrca ~ehan xasauoa ee .al=es hr w a ror rear I ror sear 'an~ i• 10=1 toss Taaanna 19s1 ~ 5 1958 19x9 General Enterprise .........._...J 82,901 I 290,458 I 391,3G6 I 223,253 I 10,2_'2 62,3G0 I 155,231 236,86& 231, r98 30, Liquor Profit ._..._ 20,890 64,G00 69,000 60,000 60,000 I Land) ~ ....................._.! I I I 126 I I I 125 1L 7-10 .............._ _.......... ......_........ _.......... ............ .......... s6a.9slssa oral lands (1909) .................... ............................................................................... $ 121,63 .....................................................G Mills ......................................................................._.316.883.190 2 M[lls ..........................................................................$ 2.099,2601 Presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by provision was made for the pur- chase of an additional flood con- trol pump to be installed in the vicinity of 16th Street. Mr. Jackson M. Viol of 440 S. Grandview read the following statement. The Tax Study Committee of 390 Regular Session, August 1, 1960 the Dubuque Chamber of Com- merce wishes to commend the Du- buque City Council for the budget proposal presented this evening. We wish to give recognition to their efforts to hold the line in their tax asking, limiting their increase in tax dollars to that which can be financed out of in- creased assessed valuations avail- able to them. Our committee has not gone into details of the various fund budgets, but apparently no essen- tial services to the city are being curtailed. Holding the line on taxes in the future represents a true challenge to our City Council and our City Manager. RESOLUTION NO. 167fi0 WHEREAS, the Council of the City of Dubuque caused to be pre- pared and published as provided by law the Budget Estimate of Expenditures for the final year be- ginning January 1, 1961 and end- ing December 31, 1961, and the hearing upon said budget Estimate was fixed for the 1st day of August 1960, at 7:30 P.M. at the Council Chamber of the City Hall; and WHEREAS, this being the time and place for said hearing said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Estimate. It Is Therefore Resolved by the City Council for the City of Du- buque, Iowa: That the Budget Estimate of ex- penditures for the fiscal year be- ginning January 1, 1961 and end- ing December 31, 1961, heretofore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publi cation and the notice of hearing upon said Budget Estimate. Be it further resolved that the taxes required to be collected in the year be and the same are here- by levied in the various funds in the amounts in said Budget Esti- mate. Passed, adopted and approved this 1st day of August 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHAT.T FRR JOHN P. SCHREIItER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 16&60 A resolution establishing the tax levies for the year 1960, the taxes to be collected in the year 1961 and used for municipal purposes of the City of Dubuque. BE IT RESOLVED by the City Council of the City of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing yeaz of 1960 of the following number of mills on the dollar of all taxable property within corporate limits of said City. 1.350 mills for General Fund 10.265 mills for Public Safety Fund 4.558 mills for Sanitation Fund 2.563 mills for Street Fund 2.174 mills for Municipal Enter- prise Fund 2.662 mills for Recreation Fund 1.296 mills for Utilities Fund 4.488 mills for Debt Service Fund .609 mills for Fire Pension Fund .552 mills for Fire Retirement Fund .703 mills for Police Pension Fund .462 mills for Police Retirement Fund .313 mills for Social Security Fund .390 mills for Employer Retire- ment Fund (State) 32.385 Total BE IT FURTHER RESOLVED that the 1.25 mills on the dollaz is hereby levied upon all lots or parcels of land containing ten acres of more which are occupied in good faith and used for agri- cultural or horticultural purposes. Regular Session, August 1, 1960 391 BE IT FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Ex- penditures adopted by this Coun- cil on the 1st day of August 1960 to the Auditor of Dubuque County on or before August 15th, 1960. Passed, adopted and approved this 1st day of August 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Printed Council proceedings for the months of January, February and March 1960 presented for ap- proval. Mayor Takos moved that the Council proceedings for the months of January, February and March 1960 be approved as print- ed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of Iowa State Department of Health issuing per- mit No. 60-135-5 for the construc- tion of 363' of 8" sewer to be laid in Dunn Court, presented and read. Councilman Schaller moved that the communication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of Iowa State Department of Health submitting a report of a sanitary survey of the Dubuque Eagle Point Swim- ming Pool, presented and read. Councilman Schueller moved that the communication be received and filed and the report referred to the Recreation Commission. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of Iowa State Department of Health issuing per- mit No. 60-138-5 for the construc- tion of 1464' of 8" sanitary sewer in Scenic View Heights Sub. No. 3 presented and read. Councilman Schreiber moved that the com- munication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. July 21, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of June, 1960, as well as list of claims for which warrants were issued for the month of June, 1960. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the reports be received and filed. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. July 29, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policy and desire to have your approval on same for filing, sub- ject to the approval of the City So- licitor: SIDEWALK James C. Martin, American Surety Company Merlin Goerdt, American Surety Company Edwin J. Koerperick, Western Surety Company ^-r ~ i~ 392 Regular Session, August 1, 1960 HEATING Milton Badger, d/b/a Tri Cit! Heating Co., American Suretl Company Joseph Van Dee, Western Surety Company Giese Sheet Metal Co., The Ohic Casualty Ins. Co. EXCAVATION Walter Wilhelm, d/b/a Wilhel: Excavating Company, Policy No, CLP-112-48163, American Surety Company Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Takos moved that the bonds and policies be filed subject to the approval of the City Solici- tor. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. duly 29, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of H. Wayne Oh- mert requesting rezoning of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Clarence Polfer Place was con- sidered by the Planning and Zon- ing Commission. Mr. Ohmert represented by Counsel discussed his problems with the Commission and with- drew his petition. He stated he in- tends to present a modified peti- tion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. July 29, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Robert J. Steger requesting rezoning of the West One-half of Lot 2 of Lot 2 of Lot 2 of Lot 3 of Lot 1 in Highland Farm (3290 Asbury StJ from Sin- gle Family Residence District to Local Business District "A" has been considered by the Planning & Zoning Commission. This petition requests the Zon- ing of onelot and is not requested by any adjoining owners there- fore the Planning & Zoning Com- mission recommends that petition be denied. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Takos, Counctlmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. July 20, 1960 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On May 23, 1960 Dr. A. M. Loss filed a communication with your Honorable Body concerning the in- stallation of a fire escape at 898 Central Avenue some 11 yeazs ago. Dr. Loss' complaint appears to be that the original approval of the installation of this fire escape overlooked defects in the installa- tion of same. Communication of Dr. Loss was referred to the City Building Commissioner and to the Fire Chief and Mr. Bandy has re- ferred said communication to me. I have made a complete investi- gation of this matter and have consulted with Fire Chief Tom C. Hickson, Building Commissioner Donald Bandy and have reviewed the correspondence covering same, and I find that in the year 1947 Dr. Loss was ordered to install a fire escape on the premises re- ferred to, by the Iowa State Fire Marshall and that thereafter on July 21, 1947 the Iowa State Fire Marshal approved prints for the Fire escape when it was installed snd approved. Regular Session, August 1, 1960 393 On May 13, 1958 a fire inspec- tion report was directed to Dr. Loes a copy of which is hereto at- tached. From all the foregoing it ap- pears that the objections con- tained in the report of May 13, 1958 to Dr. Loes by Tom C. Hick- son, Chief of the Fire Department, refer to a question of maintenance rather than to any question of de- fective original installation. It is my opinion therefore, that Dr. Loss has no valid claim against the City and that the City is under no duty to furnish repairs to said fire escape. I asked Commissioner Bandy and Fire Captain Henkels to make an investigation of this fire es- cape, and at my request an inves- tigation was made on July 20, 1960 at approximately 11:30 A.M, and they reported back to me that es- sentially the fire escape is of sound construction but that it would have to be maintained by the installation of some bolts and the braces holding the fire escape to building should be tightened. Respectfully submitted, R. N. Russo City Solicitor Councilman Schueller moved that the opinion be approved and that a photostatic copy of same be sent to Dr. Loss. Seconded by Ma- yor Takos. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. July 29, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Com- mission has been reviewing the Zoning Ordinance. One of the re- quirements that's due to present day building practices has been a source of many applications to the Board of Adjustment is the re- quired side yard in a Single Fam- ily Zone. The present yard requirement ie twenty-five per cent of the lot width must be in side yard. This works with almost all lots and buildings until you try to incorpo- rate an attached garage or car- port. Then the sixty foot lot with a three bedroom home of standard sizes will not be wide enough for a garage or carport attached. We know the best alternate is wider lots but that adds considerably to the development costs. We have conferred with the Home Builders Association and other groups and wish to recom- mend achange in the Ordinance to require only twenty per cent of the width of the lot be required for aggregate side yard when used for attached garage or carport. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Mayor Takos moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 58b0 An Ordinance amending the Zon- ing Ordinance of the City of Du- buque by repealing Section 3 of Article 2 of the Zoning Ordinance of the City of Dubuque and enact- ing substitutes therefore to estab- lish side yard requirements in the Single Family Residence District, presented and read. Councilman Schaller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schaller moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. 394 Regular Session, August 1, 1960 Councilman Schaller moved that a public hearing be held on the Ordinance on September 6, 1960 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 59.60 An Ordinance granting Haoold J. Saeugling the right to construct a sanitary sewer in the first alley west of Kane Street from Kauf- mann Avenue to Lot 12 of Lots 104 and 166A of L. H. Langwor- thy's Addition, presented and read. Councilman Schaller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schaller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 59.60 An ORDINANCE granting Haroltl J. Saeugling the righk to con- struct a sanitary sewer in the first alley west of Kane Street from Kaufmann Avenue to Lot t2 of Lota 164 and [66A of L. H. La ngworthy's Addition. BE IT ORDAINED by the CITY COUNCIL o[ the CITY of DU- BUQUE, IOWA: SECTION 7. That Harold J. Saeugling be and he is hereby granted the right to oonstruct an eight Inch (8") vitrified file pipe sanitary sewer in the first alley west of Kane Street from the ex- as (a) That grantee agrees to con- struct said sewer within one year from the date oP the adop- tion of this Ordinance and pay the entire cost thereof including the cost of restoring the surface oP the street. (b) That said sewer shall be constructed in accordance with plane approved by the State De- partment oY Health and the City Manager and under the euper- viaion 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, wnl contain a clause requiring the contract- or to obtain all necessary per- mits required by the Clty of Dubuque or any other govern- mental agency, a clause obligat- ing the contractor and his bondsmen to keep said sewer to good repair for a period of sot less than two years from the date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful per- formance of said contract. (d) That upon completion of said eewer and the acceptance of the same by the City Coun- cil, said sewer shell become a public sewer under the exclusive charge and control of the Ctty o1 Dubuque and its free use as such shall not be interferred with by grantee or his auccesa- ora or assigns. SECTION 2. That the authority granted herein shall terminate on September e, 1980 unless the terms and conditions of this Ordinance era accepted in writing by the grantee prior to that data. SECTION S. After said eewer has been completed and the total cost thereof has been paid by grantee, the grantee herein shall Pile with the City Council, a certi- of said sewer, including engi- neering fees and the ooet of re- storing the surface of the street. Thereafter, any person or persons desiring to connect with said sewer except the grantee here- in. shall first aDPly to the City Manager fpr permission to so do and such permiseton shall be granted anon condition that the apnlicant pay to the City Treas- urer, for the account of the grantee herein, a connection charge in an amount which will be Hzed by Resolution of the City Connell at the time of the encep- tanre oT the ea id sewer. However, such coon ectton charge shall not ha exacted for any eztensipn of ==+A sewer made by the City of D+~*~~mne or its permittees. SECTION 4. This Ordinance sha71 be in full force and effect from and after Its final passage, adoption and publication as pro- vided by law. Passed, adopted and approved this let day of August 1960. PETER J. TAK03 Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. RCHREIBER Councilmen. ATTEST: LEO F. FROMMELT, City Clerk. ACCEPTANCE OF ORDINANCE NO. 59-80 Harold J. Saeugling, having full knowledge and understanding of Regular Session, August 1, 1960 395 all the terms and conditions of Or- dinance 69-60, hereby accepts the same as passed and agrees to comply with all the terms and con- ditions thereof. Accepted this 2nd day of August lsso. HAROLD J. SAEUOLIN6 SR. Published officially in The Tele- graph-Herald newspaper this 6th day o4 August 1960. LEO F. FROMMELT, lt. 8-6 City Clerk. Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of E. Marshall Thomas, attorney for Key Knolls Subdivision, presenting ordinances granting Hillcrest Builders Inc. the right to construct sanitary sew- ers and water mains in certain named streets in Key Knolls Subdi- vision and requesting the extension of the interceptor sewer north- westerly from Catfish Creek to Pennsylvania Avenue, presented and read. Councilman Schaller moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 60.60 An Ordinance granting Hillcrest Builders Inc. the right to build a trunk line sewer from a point in Pennsylvania which is 490 feet west of the City Limits of We City of Dubuque, Iowa, northwesterly to the premises known as Key Knoll's Subdivision and upon completion of same granting a hookup charge and providing for the terms and conditions of the grant herein made, presented and read. Councilman Schaller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schaller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Colm- cilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 80-60 An Ordinance Granting F crest Binders Inc., the r to Build a Trunk Line Se from a Point in Pennsylvf of Dubuque, Iowa, rvorcnwem- erly to the Premises Known as Key Knoll's Subdivision and upon Completion of Same Granting a Hookup Charge and Providing for the Terms and Conditions of the Grant Here- in Made: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: (a) That the grantee agrees to construct said sewer line within one year from the date of adoption o[ this ordinance and pay the en- tire cost thereof including the cost of publication, inspection and res- toration of the surface of the street. (b) That said sewer line shall be constructed in accordance with plans approved by the State De- partment of Health and the City Manager and under the supervi- sion and direction of the City Man- ager and City Engineer. (c) That the grantee shall enter into a contract for the construc- tion of said sewer line with a Well qualified contractor, which con- tract among other things, will onn- tain a clause requiring the Con- tractor to obtain all necessary per- mits required by the City of Du- buque or any other governmental agency, a clause obligating the contractor and his bondsmen to keep said sewer line m goad re- pair for a period oY not less than four years from the date of ae- eeptanco of the work and a clause requiring the contractor to furnish a surety bond with the City of Du- buque named as one oY the ob- ligees guaranteeing the faithful performance of said contract. (d) After said sewer has been completed and the total cost there- of has been paid by the grantee, the grantee herein shall file with the City Council a certified state- ment showing in detail all amounts paid out by him in connection with the construction of said sewer, in- cluding engineer's fees and the cost of restoring the surface of the street. Thereafter any person or persons desiring to connect to said eewer, except the grantee herein, shall first apply to the City Manager for permission to so do, and such permission shall be J,.1 r iz fi ','. 396 Regular Session, August 1, 1960 granted upon condition that the applicant pay to the City Treasur- er for the account o4 the grantee herein a connection charge in an amount which will be fixed by resolution of the Clty Counci] at the time o[ the acceptance of said sewer; however, such connection charge shall not be exacted for any extension of said sewer made by the City of Dubuque or Its per- mittee. (e) That upon completion of said sewer line and the accept- ance of the same by the City Coun- cil, said sewer ]ins shall become Public sewer line under the ex- clusive charge and control of the City of Dubuque and its free use as such shall not be interferred with by the grantee or their suc- cessors or assigns, subject, never- thelees, to the r(ght to collect a hookup charge as provided in (d) above. SECTION 2. That the authority granted herein shall terminate on September 15, 1960, unleae the terms and conditions of this ordin- ance are accepted in writing by the grantee prior to that date. SECTION 3. This Ordinance shall be is full force and effect Prom and after its final passage, adoption and DUblicatiOn as pro- vided by law. PASSED, ADOPTED AND AP- PROVED this 1st day oY August, A. D. 19611. PETER J. TAKOS, Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen ATTEST: LEO F. FROMIdELT, City Clerk ACCEPTANCE OF ORDINANCE NO. s0-60 Hillcres[ Builders, Inc., having full knowledge and understanding of all the terms and conditions pf Ordinance No. 60-60, hereby ac- cepts the same as passed and agrees to comply with the terms and conditions thereof. Accepted this loth day o[ August, 1960. HILLCREST BUILDERS, INC. By Russell L. Rafoth, Vice President Richard V. Hansel, (Corporate Sea]) Secretary Published officially in the Tele- graph-Herald newspaper this 19th day of August, 1960. LEO F. FROMMELT, City Clerk. lt. 8-19 Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 61.60 An Ordinance granting Hillcrest Builders Inc. the right to construct Sanitary Sewers and Water Mains in the following Streets in the City of Dubuque, Iowa: Key Way, Richie Drive, Lea Lane and Key Corners; and providing the terms and conditions thereof, presented and read. Councilman Schaller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler. Carried by the following Vnte: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schaller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 81-80 An Ordinance Granting Hillcres[ Builders, Inc., the Right to Con- struct Sanitary Sewers and Water Mains in the Following Streets in the City o[ Dubuque, Iowa: K e y Way, Richie Drive, Lea Lane and Key Corners; and Providing the Terms and Conditions Thereof: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Hillcres[ Build- ers, Inc. be and they are hereby granted the right to construct an 8" sanitary sewer and a 6" water main in the following named streets In the City of Dubuque, Iowa: Key Way from Pennsylvania Avenue (ciao known as Middle Road) to Keymont; Richie Drive from Pennsylvania Avenue (also known as Middle Road) to Key Corners; Lea Lane from Pennsyl- vania Avenue (also known as Mid- dle Road) to Key Corners; and Key Corners from Richie Drive to the west end of lo[ lb, Block 9, in Key Knoll's Subdivision in the City of Dubuque, Iowa, upon the following terms and c^.^.ditions: (a) That the grantee agrees to construct said sewer and water mains within one year from the date oY adoption of this ordinance and pay the entire coat thereof in- ducting the coat of publication, in- spection and restoration oY the surface oY the street. (b) That said eewer and water mains shall be constructed in ac- cordance with plans approved by the State Department of Health and the City Manager and under the supervialon and direction of [he City Manager and City Engin- eer. (c) That the grantee shall enter into a contract for the construc- tion of said sewer and water mains with a well qualified contractor, which contract, among other things, Regular Session, August 1, 1960 397 wil] contain a clause requiring the contractor to obtain all necessary permits required by the City of Dubuque or any other governmen- tal agency, a clause obligating the contractor and his bondsmen to keep said sewer and water mains in good repair for a period oP not less than four years from the date of acceptance of the work and a clause requiring the contractor W furnish a surety bond with the City of Dubuque named as me of the obligees guaranteeing the faithful performance of said con- tract. (d) That upon completion of said sewer and water mains and the acceptance of the same by the City Council, said eewer and water mains shall become public sewer and Water mains under the ex- clusive charge and control of the City of Dubuque and its free use as such shall not be interfered with by the grantee or their successors or assigns. SECTION 2. That the authority granted herein shall terminate on September 16, 1960, unless the terms and conditions o4 this or- dinance are accepted in writing by the grantee prior to that date. SECTION 3. This Ordinance ehali be in full force and effect from and after its final passage, adoption and publication as pro- vided by law. PASSED, ADOPTED AND AP- PROVED this let day of August, A. D. 1960. Peter J. Takos, Mayor Leo N. Schueller Louis Schaller John P. Schreiber Councilmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 61-60 Hillereat Builders Inc , having full knowledge and understanding of all the terms and conditions of Ordinance No. 61-60, hereby ac- cepts the same ae passed and agrees to comply with the terms and conditions thereof. Accepted this 15th day oY August, lsso. HILLCREST BUILDERS, INC. By Russell L. Rafoth, Vise President Richard V. Hansel, Secretary (Corporate Seal) Published officially in the Tele- graph-Herald newspaper this 19th day of August, 1900. Leo F. Frommelt, City Clerk. lc. s-ls Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Mrs. Rose Gulick of 2885 Washington St. in the amount of $40 for damage to the basement and contents of her home as the result of a backed up sewer on July 22, 1960, presented and read. Councilman Schueller moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of A. M. Mey- ers, of 2898 Washington St. in Lhe amount of $75 for damage to the basement and contents of his home as the result of a backed up sewer on July 22, 1960, presented and read. Councilman Schueller moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Mildred Knaus, in an unnamed amount, for personal injuries received in a fall on a defective sidewalk at 1385 Alta Vista Street on July 15, 1960, presented and read. Councilman Schaller moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of K. E. Schmidt of 1930 St. Anne Court requesting the installation of a street light in the Court, presented and read. Coun- Gilman Schreiber moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petaticn of Dubuque Baseball Inc. requesting permission to hold a fireworks display on August 9, 1960, presented and read. Council- ~~ 398 Regulaz Session, August 1, 1960 man Schueller moved that the pe- tition be granted providing the dis- play is held under proper super- vision. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Mrs. Josephine Burke requesting a $150 refund on the unexpired portion of Class B beer license No. 70, as she has discon- tinued business on July 30, 1960, presented and read. Councilman Schaller moved that the refund be granted and the Auditor instructed to issue a wazrant payable to Mrs. Josephine Burke in the amount of $150 to cover the amount due on the unexpired portion of beer li- cense No. 70. Seconded by Council- man Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Mrs. Josephine Burke requesting a $75 refund on the un- expired portion of cigarette license No. 174, as she has discontinued business on July 30, 1960, pre- sented and read. Councilman Schaller moved that the refund be granted and the Auditor instructed to issue a warrant payable to Mrs. Josephine Burke, in the amount of $75 to cover the amount due on the unexpired portion of cigarette license No. 174. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Neil J. Herburger et al requesting rezoning of Lot 1 & 2 Neil Place, Lot 1 of 1 of 1 of 2 of 2 of 3 of 1 and the W'fc of Lot 2 of 2 of 2 of 3 of 1 in High- land Farm to Local Business Dis- trict A, presented and read. Coun- cilman Schueller moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Farley & Loetscher Mfg. Co. requesting delivery of a quit claim deed for an alley va- cated between Jackson and White Streets from 8th to 9th streets as per direction in Ordinance 3-43 filed for record February 24, 1943, presented and read. Councilman Schueller moved that the petition be referred to the City Solicitor for investigation and proper dis- posal. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Wilhelm Excavating Service requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Vincent E. Teeling requesting a $50 refund on the un- expired portion of Class B beer li- cense No. 111 as he has discon- tinued business an July 30, 1960, presented and read. Councilman Schaller moved that the refund be granted and the Auditor instruct- ed to issue a warrant payable to Vincent E. Teeling in the amount of $50 to cover the amount due on the unexpired portion of beer license No. 111. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Vincent E. Teeling requesting a $75 refund on the unexpired portion of cigarette li- cense No. 83 as he has discon- tinued business on July 30, 1960, presented and read. Councilman Schaller moved that the refund be granted and the Auditor in- structed to issue a warrant pay- able to Vincent E. Teeling in the amount of $75 to cover the amount Regular Session, August 1, 1960 399 due on the unexpired portion of cigarette license No. S3. Seconded by Councilman Schreiber. Carried ~~ by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of St. Philomena's Church of Asbury requesting the extension of the water main to service the proposed grade school and sister's convent outside the City Limits on Asbury Road, pre- sented and read. Councilman Schal- ler moved that the petition be re- ferred to the City Manager and Water Superintendent. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 1, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Re: Fengler Street Overpass and Approaches Gentlemen: Attached is the Agreement be- tween the City of Dubuque, Iowa, and the Chicago, Milwaukee, St. Paul & Pacific Railroad Company for the construction of the Fengler Street overpass and approaches. This Agreement states the condi- tions and method of payment for the railroad's share of construc- tion. I therefore request that the City Council of the City of Dubuque authorize the City Manager to sign this Agreement for the City of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the City Manager be given authorization to sign the agree- ment. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 169-60 Preliminary Estimate of plans, specifications, form of contract, and all other documents for the construction of the Fengler Street Overpass and Approaches at an es- timated cost of $127,957.56, pre- sented and read. Councilman Schueller moved that the resolu- tion was adopted. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. (Necessity for ImprovemenT) RESOLUTION NO. 170.60 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. The street to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of the Feng- ler Street Overpass and Approach- es. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived aR objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid from the Street Con- struction Fund and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company as per agree- ment dated August 1, 1960. The above resolution was intro- duced, approved and ordered 400 Regular Session, August 1, 1960 placed on file with the City Clerk this 1st day of August 1960. Approved and placed on file for final action. Approved: PETER J. TAKOS Mayor LEO N. SCIH)ET.r.FR LOUIS SCHALLER JOHN P. SCHREIIiER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the approval of the resolution. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. (Fixing date of hearing) RESOLUTION NO. 171.60 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 169-60 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of the Fengler Street Overpass and Approaches and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion, BE IT THEREFORE RESOLVED that on the 6th of September, 1960, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed cost, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 1st day of August 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREDIER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller, Nays-None. Vacancy-One. (Ordering Consfruc}ion) RESOLUTION NO. 172fi0 BE TT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 170-60 which was duly passed by this Council for the construction of the Fengler Street Overpass and Approaches be and the same are hereby ordered and constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All the work shall be con- structed in accordance with the plans and specifications hereto- fore adopted and naw on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid from the Street Construction Fund and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company as per agreement as dated August 1, 1960, after the work has been com- pleted and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and be is hereby ordered and directed to Session, August 1, 1960 401 advertise for proposals for the construction of the various im- :~ provements herein provided for in ~ the manner provided by law, the said improvements shall be com- pleted on or before 90 days after notice to proceed is issued. BE TT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved ~ this 1st day of August 1900. ~ PETER J. TAEOS Mayor 4 ~ LEO N. SCHf>Frx.FR LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT '. City Clerk L,; Councilman Schueller moved the Wt. adoption of the resolution. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Proof of Publication, certified to by the Publisher, of Notice of proposal to dispose of real estate and receipt for bids for Lot 7-A in re Subdivi- Block 8 in Green Ac s Sion formerly described as an alley lying between Stoltz street and Saunders street, presented and read. ' No written objections were filed .., i. and no objectors were present in f the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ~~fl RESOLUTION N0. 173-60 WHEREAS, pursuant to resolu- tion and notice the City Council of the City of Dubuque met on the l 1st day of August 1960 at 7:30 i - o'clock P.M, in the City Council Chambers in the City Hall to con- sider the proposal to dispose of the hereinafter described real es- Late, at which hearing all interest- ed parties were afforded an op- portunity to be heard for or against such proposal; and WHEREAS, pursuant to pub- lished notice sealed bids for the purchase of said property were taken and were at said time and place presented to the City Coun- cil and opened and the highest sealed bid was determined to be that of James R. McGloughlin in the amount of $25.00 and it was thereupon determined that the bid of James R. McGloughlin in the amount of $25.00 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 James R. McGloughlin in the amount of $25.00 for the purchase of Lot 7-A in Block 8 in Green Acres Subdi- vision in the City of Dubuque, Du- buque, Iowa is hereby accepted and the Mayor and the City Clerk are hereby authorized and em- powered to execute the Quit Claim Deed of the City of Dubuque releas- ing and conveying to James R. Mc- Gloughlin all of its rights, title and interest in and to the above des- cribed real estate and to deliver the same to the said James R. Mc- Gloughlin upon receipt of $25.00 in cash. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the office of the County Recorder of Dubuque County, Iowa. Passed by recorded roll call vote and approved this 8th day of June, A.D. 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller, Nays-None. Vacancy-one. 402 Regulaz Session, August 1, 1960 July 29, 196C To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivision pla! of Blocks 1, 2, 3 and 4 Scenic View Heights No. 3. This plat has been approved by the Planning & Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 17460 Resolution Approving the Plat of Blocks 1, 2, 3 and 4 of Scenic View Heights No. 3 in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Mineral Lot 369 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 370, all in the City of Dubuque, Dubuque County, Iowa, is platted as Blocks 1, 2, 3 and 4 of Scenic View Heights No. 3 in the City of Dubuque, Dubuque County, Iowa, by J. H. Schiltz, widower and not remarried, as Owner thereof; and Whereas, said plat has been ex- amined by the City Plan Commis- sion and approved by said Body; and Whereas, upon said plat appear streets to be known as "Maryville Drive;' "Lori Street;' and "Sarah Street," and also easements for public utilities which the Owner upon said plat has dedicated to the public forever; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto except that the streets have not been re- duced to grade or paving, sewer or water services or sidewalks in- stalled therein; and Whereas, in the plat of Holz Subdivision, Lot lA thereof was by the then Owners dedicated as a public street, which dedication was never formally accepted by the City Council of the City of Dubuque and which Lot lA forms a portion of Maryville Drive as the same appears upon the plat of Blocks 1, 2, 3 and 4 of Scenic View Heights No. 3 in the City of Dubuque, Iowa; NOW TTrF:uFFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Lori Street, Sarah Street and Maryville Drive, together with the easements for the public utilities, all as the same appear upon said plat, be and the same are hereby accepted and that said streets be and they are hereby established as public streets in the City of Dubuque; Section 2. That the plat of We Subdivision of Lot 1 of Lot 1 of Mineral Lot 369 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 370, all in the City of Dubuque, Dubuque County, Iowa, which will be hereafter known as Blocks 1, 2, 3 and 4 of Scenic View Heights No. 3 in the City of Dubuque, Dubuque County, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat, providing the Owner of said property, here- inbefore named, executes his writ- ten acceptance hereto attached, agreeing: a. To reduce Lori Street, Sarah Street, and Maryville Drive to grade, as shown by the pro- files submitted with the plat; b. To surface Lori Street, Sarah Street and Maryville Drive as the same appear upon said plat, far a width of 30 feet from curb face to curb face, with 8 inch rolled stone base, 2'h inch hotmixed, hot laid, bituminous concrete surfac- ing and with concrete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Section. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. c. To install concrete sidewalks on both sides of Lori Street, Sarah Street and Maryville Drive, in accordance with City Regular Session, August 1, 1960 403 of Dubuque Standard Specifi- cations for Permanent Side- walks; d. To install watermains in ac- cordance with plans submit- ted with the plat; e. To install storm and sanitary sewers in accordance with plants submitted with the plat f. To install sanitary sewer and water house laterals for each lot from the main to behind the curb line; g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manag- er and under the inspection of the City Engineer; h. To maintain the street im- provements for a period of ' four (4) years from the date of their acceptance and to maintain the sanitary sewer for a period of two (2) years from the date of its accept- ance; i. To provide the foregoing con- struction and maintenance at the expense of the Owner; j. To construct said improve- ments, except sidewalks, prior to November 1, 1961; k. To construct said sidewalks prior to November 1, 1962; and further provided that J. H. Schiltz, as owner of said Subdivi- sion, secure the performance of the foregoing conditions by pro- viding security in such sum and with such sureties as may be ac- ceptable to the City Manager; Seotion 3. That in the event the said J. H. Schiltz shall fail to exe- cute the acceptance and provide the security provided for in Sec- tion 2 hereof within forty-five (45) days from the date of this Resolu- tion, the provisions hereof shall be null and void and the accept- ance of the dedication and approv- al of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 1st day of August, A.D. 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOOIS S('fIAIJFii JOHN P. SCHREIBER Councilmen Attest: LEO F, FROMMELT City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 174-60 has been pro- vided by the Owner. Dubuque, Iowa, August 18, 1960. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 77460 J. H. Schiltz, having read the terms and conditions of the fore- going Resolution No. 174-60, and being familiar with the contents thereof, hereby accepts the same and agrees to perform the condi- tions therein required. J. H. SCHII.TZ Dated: August 10, 1960. Councilman Schreiber moved the adoption of the resolution. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. July 29, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivision plat of Mt. Loretta Riker Street Sub. This subdivision is located at the end of Riker Street and is owned by James C. Martin. This plat has been approved by the Planning & Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller, Nays-None. Vacancy-One. RESOLUTION NO. 175-60 Resolution approving Plat of MT. Loretta-Riker Street Subdivision WHEREAS, there has been filed with the City Clerk a plat in which Lot 47, Lot 48, Lot 2 of Lot 60 of Oak Grove Addition in the City of Dubuque, Iowa, and Lot 2 of Lot 2 of Lot 1 except the Southerly 205 ft. thereof; the West 50 ft. of 404 Regulaz the East 100 ft. of Lot 1 of Lot 2 01 Lot 1 except the Southerly 205 ft. thereof; the East 50 ft. of Lot ] of Lot 2 of Lot 1 except the South erly 205 ft. thereof; Lot 2 of Lot 2 except the Southerly 205 ft. thereof; Lot 1 of Lot 1 of Lot 2 except the Southerly 205 ft. there- of; Lot 2 of Lot 1 of Lot 2 except the Southerly 205 ft. thereof; all in the Subdivision of Mineral Lot 48 and the City of Dubuque, Iowa, is platted as Mount Loretta-Riker Street Subdivision in the City of Dubuque, Dubuque County, Iowa, by James C. Martin and Florence C. Martin as owners thereof; and, WHEREAS, said plat has been examined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating thereto, and that the grades have not been established or streets graded, sidewalks installed or the surfacing or necessary utili- ties installed; NOW, THEREFORE, BE TT RE- SOLVED by the City Council of the City of Dubuque: Section 7. That the dedication of "Dunn Court" together with the easements for public utilities as the same appear on said plat, and Lots "A" and "B" for street pur- poses, be the same and are here- by accepted. fection 2. That the plat of Lot 47, Lot 48, Lot 2 of 60 of Oak Grove Addition in the City of Du- buque, and Lot 2 of Lot 2 of Lot 1 except the Southerly 205 ft. thereof; the West 50 ft. of the East 100 ft. of Lot 1 of Lot 2 of Lot 1 except the Southerly 205 ft. there- of; the East 50 ft. of Lot 1 of Lot 2 of Lot 1 except the South- erly 205 ft. thereof; Lot 2 of Lot 2 except the Southerly 205 ft. thereof; Lot 1 of Lot 1 of Lot 2 except the Southerly 205 ft. there- of; Lot 2 of Lot 1 of Lot 2 except the Southerly 205 ft. thereof; all in the Subdivision of Mineral Lot 48 and the City of Dubuque, Iowa, which will hereafter be known as Mount Loretta-Riker Street Subdi- vision in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and the City Clerk are hereby authorized ' and directed to endorse the ap- proval of the City of Dubuque up- on said plat, provided the owner August 1, 1960 of said plat hereinbefore named, execute his written acceptance hereto attached, agreeing- a. To reduce Dunn Court to grades as shown by the profiles submitted with the plat. b. To surface Dunn Court, as it appears on the plat for a width of thirty feet (30') from curb face to curb face with eight inch (S") rolled stone base and two and one- half inch (2'/z") hot, mixed hot laid, bituminous concrete surfac- ing with concrete curb and gutter section, or at the option of the owner, place six inch (6") plain concrete pavement with integral curb. All of the foregoing shall be constructed according to the lat- est City of Dubuque specifications. c. To install sidewalks on both sides of Dunn Court in accordance with the City of Dubuque Standard Specifications for Permanent Side- walks, on or before November 1, 1962. d. To install water mains in ac- cordance with plans submitted with the plat. e. To install storm and sanitary sewers in accordance with plans submitted with the plat. f. To install sanitary sewer and water house laterals for each lot from the main to behind the curb line. g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager. h. To maintain the street im- provements for a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer for a period of two (2) years from the date of its ac- ceptance. i. To provide the foregoing con- struction and maintenance at the expense of the owners. j. To construct said improve- ments prior to November 1, 1961 and further provided that James ~. Martin and Florence C. Martin, as owners of said subdivision, se- :ures the performance of the fore- ;oing conditions by providing se- ~urity in such sum and with such sureties as may be acceptable to ;he City Manager. Regular Session, faction 3. That in the event the said James C. Martin and Florence C. Martin shall fail to execute the acceptance, and provide the secur- ity provided for in Section 2 here- of within forty-Five days from the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 1st day of August, A.D. 1960. PETER J. TAKOS LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 175-60, has been pro- vided by the owners. Dated at Dubuque, Iowa, this 18th day of August, 1960. Gilbert D. Chavenelle City Manager Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ACCEPTANCE OF RESOLUTION NO. 175.60 James C. Martin and Florence C. Martin, having read the terms and conditions of the foregoing Resolution 175-60, and being famil- iar with the contents thereof, here- by accept the same and agree to perform the conditions required of them therein. JAMES C. MARTIN FLORENCE C. MARTIN RESOLUTION NO. 176-60 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigar- ette papers within said City. Name Address Florance Deutsch, 1298 Main Street Veterans of Foreign Wars, Gerald 1, 1960 405 F. Winters Post No. 9663 (Trans- fer of address from 2203 Cazter Road), 115 East 22nd Street BE 1T FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 1st day of August, 1960. PETER J. TAKOS Mayor LEO N.SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 177.60 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLAff "B" PERMIT Name Address Creslanes Bowling, 255 So. Main Street DeForrest P. KoKeller, 127 West 6th Street Fred Ansel, 1100 Lincoln Avenue Milton E. Chapman, 709 University Avenue Mrs. Josephine Nicks, 103 East 22nd Street Albert J. Ney, 1842 Central Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Moose Club No. 355, 65~/z West 4th Street Veterans of Foreign Wars, Gerald F. Winters Post No. 9663, (Trans- fer of address from 2203 Carter Road), 115 East 22nd Street CLAff "C" PERMIT Harold 0. Specht, 3003 Asbury i Street 406 Regular Sessioi Passed, adopted and approved this 1st day of August, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLEA JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 17&60 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Dubuque ~ that the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Neme Address Creslanes Bowling, 255 So. Main Street DeForrest P, Koeller, 127 West 6th Street Fred Ansel, 1100 Lincoln Avenue Milton E. Chapman, 709 University Avenue Mrs. Josephine Nicks, 103 East 22nd Street Albert J. Ney, 1842 Central Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wazs, Gerald F .Winters Post No. 9663 (Trans- fer of address from 2203 Carter Road) 115 East 22nd Street CLASS "C" PERMIT Harold 0. Specht, 3003 Asbury Street BE TT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. y August 1, 1960 Passed, adopted and approved this 1st day of August, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Caz- ried by the following vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mrs. William Allen addressed the Council relative to getting water to her empty lots on Ridge- way Avenue. Councilman Schuel- ler moved that the matter be refer- red to the City Manager and Water Department. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Ceas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. There being no further business Councilman Schaller moved to ad- journ. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. LEO F. FROMMELT, City Clerk Approved ....................................1961. Adopted ......................................1961. Councilmen { ......................... ....... Attest City Clerk Special Session, August 15, 1960 407 CITY COUNCIL (OFFICIAL) Special Session, August 15, 1960. Council met at 7:30 P.M. Present -Mayor Takos, Council- men Schaller, Schreiber, Schueller. City Manager Gilbert D. Chaven- elle. Vacancy-One. Mayor Takos read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of acting upon such business as may properly come before the meeting. August 11, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports to the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July 1960, as well as list of claims and pay- rolls for which warrants were is- sued for the month of July 1960. Respectfully submitted, GII.BERT D. CHAVENELLE City Manager Councilman Schreiber moved that the reports be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 12, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of K. E. Schmidt requesting the installation of a street light on St. Anne Court was referred to the City Manager and Electrical Inspector for investiga- tion and report. A study was made of St. Anne Court and St. Anne Drive and it is recommended that the following lights be installed: One light on the west line of 1930 St. Anne Court. One light at the intersection of St. Anne Court and St. Anne Drive. One light on the west lot line of 2525 St. Anne Court. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schueller moved that the recommendation be ap- proved. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 12, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor: SIDEWALK Klauer, Klauer & Associates, Amer- ican Surety Co. A & M Construction Company, American Surety Co. Huseman and Scholl, American Surety Co. C a r r i s Construction Company, American Surety Co. HEATING George I. Beaves, Continental Cas- ualty Co. Fred Schoenthal, The Home In- demnity Co. Lester Kaufman & George Kuse, d/b/a K & K Heating Contrac- tors, Merchants Mutual Bonding Co. Art T. Acheson, d/b/a Acheson Heating Co., Western Surety Company. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 15, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached hereto is a contract between the City of Dubuque and 408 Special Session, August 15, 1960 Special Session, August 15, 1960 409 Barton-Aschman Associates, Inc covering parking survey for the City of Dubuque for the total sun of $3,100.00. This contract has beef approved by me and also Romolf N. Russo, City Solicitor. I recom mend that same be approved b7 the City Council. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schueller moves that the recommendation be ap proved. Seconded by Councilman Schreiber. Carried by the follow ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 15, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In accordance with Ordinance No. 51-56, I recommend that the City Council approve the transfer of funds available in the following Special Assessment Funds on which all bonds have been paid and which have a credit balance to the General Special Assessment Fund. FUND NO -NAME OF STREET AND TYPE OF IMPROVEMENT -CREDIT BALANCE 991~outhern Ave., Curb and Gutter ..........................$ 8.84 1005-English Lane, Curb and Gutter .......................... 205.12 1006-Gilliam Street, Curb and Gutter .......................... 115.94 1010-Green Street, Curb and Gutter ........................ 192.07 1007-Hale Street, Curb and Gutter .................................. 125.10 1012-Mullin Road, Curb and Gutter .......................... 60.41 1013-Solon, Lois and Reed- er Sts., Curb and Gutter.. 15.68 1015-Simpson and Coates Streets, Lift Station .......... 29.66 1016-Simpson and Coates Streets, Sanitary Sewer.... 88.73 1017-Kane Street, Sanitary Sewer .................................. 47.98 1021~t. Joseph Street, Curb and Gutter ................ 86.87 1023-Tressa Street, Curb and Gutter ........................ 29.39 1141-Montcrest Street, As- phaltic Macadam Surfac- ing ........................................ 29.28 1143-Abbott Street, As• phaltic Macadam Surfac- ing ........................................ 187.14 1208-Kane Street, Sanitary Sewer .................................. 24.08 Total Credit Balances To Be Transferred To Gen- eral Special Assess- ment Fund ....................$1,226.29 Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 15, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: According to Ordinance No. 51- 56, I recommend that funds be transferred from the General Spe- cial Assessment Fund to the Spe- cial Assessment Funds for the amount listed below: Fund No., Neme of Street and Type of Improvement Overdrawn 992-Ungs, Hoyt and Hazel Sts., Sanitary Sewer ..........$ 32.11 1001 -Adair Street, Curb and Gutter ........................ 47.38 1207-Alta Place, Sanitary Sewer .................................. 13.55 Total Overdraft to be cred- ited from General Special Assessment Fund ............$ 93.02 Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 15, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Re: Extension of Sewer and Water Main on Asbury Road. Gentlemen: Tn reference to the petition of the Mulgrew Oil Company fdr per- mission to extend the sanitary sew- er and water main, I recommend that the permission be granted providing that the Mulgrew Oil Company accept the conditions of the contraM providing for the ex- tension of the utilities; they pay for the complete cost of installa- tion of the utilities, and shall not directly or indirectly resist an- nexation of said property. Very truly yours, Gilbert D. Chavenelle Cfty Manager Councilman Schueller moved that the recommendation of the City Manager be approved and the petitioner stand the entire cost. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mayor Takos moved that the rules be suspended to let anyone present address the Council if they so desire. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mr. Pat Mulgrew addressed the Council by being in agreement with the decision of the Council as to paying the complete cost of in- stallation of the utilities. August 12, 1980 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: In accordance with the provi- sions of Chapter 385 of the Code of Iowa, 1958, the Civil Service Commission conducted entrance examinations on May 23, 1960, for those seeking positions on the Po- lice and Fire Departments. The following are the names of those who passed both the written and physical examinations and their names are hereby certified for appointments to the Police and Fire Departments. For fhe Police Deparfinent Milton A. Boyes ......................70.8% For fhe Fire Department Chomas W. Boettcher ..............76% Respectfully submitted, J. A. Carew Chairman Louis J. Lagen Commissioners - Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me a Notary Public this 12th day of August, 1960. Geraldine L. Jenni Notary Public (Notarial Seal) Councilman Schueller moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 10, 1960 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On September 16, 1958, Carrie Gladwin filed an action in the District Court of Dubuque County, Iowa, as plaintiff against Black & White, Yellow & Checker Cab Co. of Dubuque, Iowa, and City of Du- buque, Iowa as defendants for the sum of $7,260.20 for damages suf- fered by reason of a fall on or about June 28, 1957 at approxi- mately in front of 3063 Central Ave., Dubuque, Iowa, claiming her fall was due to defective side- walk. I have conferred with the at- torney for the plaintiff, Carrie Gladwin, who has agreed to ac- cept the sum of $1500 in full set- tlement of her claim and which amount the Black & White, Yellow & Checker Cab Co. of Dubuque, Iowa, through its attorneys have agreed to contribute the sum of $750.00. It is the recommendation of the City Attorney that the plaintiff's offer of settlement be accepted by the City and that the City Audi- . for be authorized to draw awar- rant in the amount of $750.00 and 410 Special Session, August 15, 1960 Special Session, August 15, 1960 411 to deliver the same to Carrie Glad- win and her attorney upon receipt by the said auditor of a certified copy of dismissal of said action with pre]udice. Respectfully submitted, R. N. Russo City Attorney Mayor Takos moved that the recommendation of the City Solici- tor be approved and the Auditor instructed to issue a warrant in the amount of $750 payable to Car- rie Gladwin and deliver same as per instructions. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Joseph Reich- ter in the amount of $17.77 for damage to his car as the result of driving over a defective street in the 800 block on Kane on Ju).v 30, 1960, presented and read. Ma- ynr Takos moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Eugene F. Witter in the amount of $20 for car damage while making a deliv- ery to the City dump, said car was scraped by a city owned dump truck on July 30, 1960, presented and read. Mayor Takos moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Edward A. Breson, in an unnamed amount, for personal injuries received as the result of a fall from a bicycle while traveling a defective area be- tween the 700 and 800 block on Rush Street on July 21, 1960, pre- sented and read. Mayor Takos moved that the claim be referred to the City Solicitor for investiga- lion and report. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 62.60 An Ordinance granting Illinois Central Railroad Company its suc- cessors and assigns the Right to cross East First Street and Water Street with an Industry Track and prescribing Terms and Conditions, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Ta- kos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 62-60 An Ordinance Granting Illinois Central Railroad Company, its Succesaora and Aasigna, the tight to cross East First Street and Water Street with an Industry Track and Prescribing Terms and Conditions. Whereas, Illinois Central Railroad Company proposes to cross Eaet First Street and Water Street in the City of Dubuque with an industry track as shown in the attached blue print; and Whereas, the City Engineer hfla examined the plena for said track and approved the same; NOW THEREFORE BE IT OR- DAINED BY TAD CITY COUNCIL OF THE CITY OF DUBUQUE: SECTION 1. That Illinola Central Railroad Company, its successors and assigns, is hereby authorized xnd empowered to cross First Street and Water Street in the City of Dubuque, Iowa in the man- ner and places shown on the at- tached blueprint on condition that said Railroad company shall keep the space between the rails oP said industry track and the space at the ends of the ties properly planked, paved, macadamized or otherwise improved as the City Council may direct, where said track crosses East First Street or Water Street; SECTION 2. That 1n the exercise of the privileges conferred by this Ordinance, Permittee shall not per- mit care to stand on such track so as to unduly interfere with vehicular traffic on First Street or Water Street, or [he use of the Dock Board Track, by other permittee; SECTION 3. This Ordinance ahal] be in full force and effect from and after its final adoption and publication as provided by law and the acceptance of its terms and conditions by the permittee and the payment of the coat of publication by permittee. Paased, adopted and approved this 15th day of August A. D. 1960 PETER J. TAKO5 Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 62-60 Illinois Central Railroad Com- pany, having full knowledge and understanding oL the terms and conditions of Ordinance No. tit-G0, hereby accepts the same ae adopted and agrees to comply with all the terms and cmditiona thereof. ILLINOIS CENTRAL RAILROAD COMPANY, By J. M. TRISSAL Ra Vice President and Chief Engineer. Published officially in [he Tele- graph-Herald newspaper this 23rd day of September 1960. LEO F. FROMMELT City Clerk It 9-23 Councilman Schueller moved the adoption of the Ordinance. Second- ed by Mayor Takos. Carried by the followed vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 63.60 An Ordinance Amending Ordi- nance No. 33-49 of the City of Dubuque by adding a new Section 89, a new section 90, and a new section 91 to Schedule VI thereof, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schueller moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. ORDINANCE NO. 63-60 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 OF THE CITY OF DUBUQUE BY ADDING A NEW SECTION 89, A NEW SECTION 90, AND A NEW SEC- TION 91 TO SCHEDULE VI THEREOF. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Ordinance No. 33-49 oL the City of Dubuque be and the same is hereby amended by adding a new Section 89, a new Sectfon 90, and a new Section 91 to Schedule VI thereoY, as fol- lows: "SCHEDULE VI. 89. The westerly Hide of McCor- mick Street from Finley Street to University Avenue. 90. The northeast aide of Farley Street between Rhomberg and Garfield Avenue. 91. The west side of Althauaer Avenue from Merz Street to Eagle Street." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 15th day oY Aug- ust, 19so. Rule requiring reading on three separate days euspended by unani_ moos vote the 16th day of Aug- Attest: LEO F. FROMMELT City Clerk. Published officially in the Tele- daypof Aeugustn1960paper this 19th LEO F. FROMMELT City Clerk lt. s-ls. Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Dubuque Bank & Trust Company requesting removal of the bus stop located at the cor- ner of 14th & Central avenue north of the entrance to the bank's Parking lot to a point immediately south of the parking lot entrance and further requesting permission to widen the driveway entrance to the lot from ten to twelve feet, 412 Special Session, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Traffic Department for roves ligation and report. Seconded by Councilman Schreiber. Cazried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller, Nays-None. Vacancy-One. Petition of Wm. Brimeyer et al requesting extension of the sewer on Thomas Place, presented and read. Mayor Takos moved that the petition be referred to the City Manager and Engineering Depart- ment for investigation and report. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Durrant & Bergquist, on behalf of Jacobson Bros. Inc. requesting permission to excavate in Carter Road for the purpose of connecting to the water main, pre- sented and read. Councilman Schreiber moved that the p@tition be granted. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller, Nays-None. Vacancy-One. Petition of Joseph C. Hefel of 3510 Central Avenue requesting permission to install a sanitary sewer in Garnet Street, presented and read. Councilman Schueller moved that the petition be referred to the City Manager, Engineering Department and Water Depart- ment, Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Ralston Purina Co. requesting that the proposed street in front of their new plant on the Industrial Island development be called Purina Drive, presented and read. Councilman Schaller moved that the petition be referred to the City Solicitor to have proper proceedings prepared. Seconded 15, 1960 by Councilman Schueller. Cazried by the following vote: Yeas-Mayor Takes, Councihnen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Richard Riesselman et al requesting the installation of street lights at Sabula & Davenport Streets and Primrose and Daven- port streets, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Robert L. McCarron et al requesting the extension of Riker Street to connect with Rush street, presented and read. Coun- cilman Schreiber moved that the petition be referred to the City Manager and Engineering depart- ment. Seconded by Councilman Schaller. Cazried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays--None. Vacancy-One. Petition of Mrs. Leo Adams et al requesting the extension of Rik- er street to connect with Rush street (152 signers), presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Engineering Department. Seconded by Council- man Schaller. Carried by the fol- lOW1Dg Vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mabel Egelhof of 990 Rush street and James Scharff of 997 Riker Street addressed the Council objecting to the extension of Riker street because it would reduce the value of their property. Jerry Burroughs and Eldon Her- rig addressed the Council as being in favor of the extension of Riker Street. Petition of James C. Martin et al requesting the installation of curb and gutter and surfacing of Special Session, Riker Street, presented and read. Councilman Schreiber moved that the petition be referred. to the City Manager and Engineering De- part7nent. Seconded by Mayor Ta- kos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Clarence Davis et al requesting the installation of curb & gutter and surfacing of Valley Street, presented and read. Coun- citman Schueller moved that the petition be referred to the City Manager and Engineering Depart- ment. Seconded by Mayor Takos. Carried bythe following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Dubuque Sports Bowl regnesting Permission to hold a fireworks display on Labor Day, presented and read. Councilman Schreiber moved that the petition be granted providing it is held un. der proper supervision. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Linnie Dunbar re- questing a $75 refund on the un- expired portion of cigarette li- cense No. 271, as he has discon- tinued business on July 15, 1960, presented and read. Councilman Schueller moved that the refund be granted and the Auditor in- structed to issue a warrant pay- able to Linnie Dunbar in the amount of $75 to cover the amount due on the unexpired portion of cigaeette license No. 271. Seconded by Councilman Schaller. Carried by the following vote: Yeas--Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Dubuque County Democratic Central Committee re- questing permission to erect a can- vass banner across Main Street at approximately 679 to 680 Main Street, presented and read. Coun- cilman Schueller moved that the petition be granted, Seconded by Mayor Takos. Carried by the fol- lowing vote: 15, 1960 413 Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. ' Nays-None. Vacancy-One. Petition of David Brauhn et al requesting the installation of stop signs at the intersection of Min- eral and Finley streets, presented and read. Councilman Schreiber moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mr. David Brauhn of 1330 O'Ha- gen Street addressed the Council in behalf of the petition. Petition of A. Y. McDonald Mfg. Co. requesting permission to fill in the area east of their plant by dredging on 12th & Pine Streets, presented and read. Councilman Schaller moved that the petition be referred to the Dock Commission. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Amvets Auxiliary re- questing permission to hold a white clover sale on August 27th and 29th, presented and read. Councilman Schaller moved that the petition be granted providing there are no conflicting dates. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Proof of Publication, certified to by the Publisher, of Notice of pro- posal to dispose of real estate and receipt of bids on Lot A of City Lot 730 and Lot 1 of Union Addi- tion; Lot 2 of Lot 16; Lot 2 of Lot 1 of Lot 17; and Lot 2 of Lot 2 of Lot 17 all being part of City Lot '~ 730 and Lot 1 of Union Addition, in the City of Dubuque, Dubuque County, Iowa, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be 414 Special Session, August 15, 1960 received and filed. Seconded by Councilman Schaller. Carried by We following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 179fi0 WHEREAS, pursuant to Resolu- tion and Notice, the City Council of the City of Dubuque, Iowa, met on the 15th day of August, 1960, 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 described real estate, at which hearing all inter- ested parties were afforded an op- portunity to be heard for or against such proposal; and WHFRF.AR, 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 El- mer W. Rommel in the amount of $50.00, and it was thereupon de- termined that the bid of Elmer W. Rommel in the amount of $50.00 was the best tifd 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 Elmer W. Rommel in the amount of $50.00 for the purchase of Lot A of City Lot 730 and of Lot 1 of Union Addition; Lot 2 of Lot 16; Lot 2 of Lot 1 of Lot 17; and Lot 2 of Lot 2 of Lot 17 all being part of City Lot 730 and Lot 1 of Union Addition in the City of Dubuque, Dubuque County, Iowa, subject to easements now in place, is hereby accepted and the Mayor and the City Clerk are hereby authorized and empowered to execute the Quit Claim Deed of the City of Dubuque, releasing and conveying to F1mer W. Rommel all of its rights, title and interest in and to the above described real estate, subject to easements now in place, and to deliver same to the said F1mer W. Rommel upon receipt of $50.00 in cash plus publication costs in the amount of $24.69. 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 15th day of August, A.D. 1960, by unanimous roll call vote. PETER J. TAKOS Mayor LEO N, SCHUFi.T.RR LOUIS SCIIAT•T-FR JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 11, 1960 Hon. Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On the 1st day of August, 1960, there was filed a communication by Mr. Francis J. O'Connor, Attor- ney at Law, on behalf of Farley & Lcetscher Manufacturing Company, setting forth that City Ordinance No. 3-43 passed by the City Council on the 19th day of February, 1943 by which Ordinance the City of Dubuque vacated the alley be- tween Jackson and White Streets from Eighth to Ninth Streets in the City of Dubuque, Iowa, and or- dering conveyance of same to Far- ley & Loetscher Manufacturing Company, which Deed appears to have never been executed and de- livered. I have made an investigation of this matter and find that no Deed was ever delivered to the Farley & Loetscher Manufacturing Com- pany pursuant to said Ordinance. It is the recommendation of the City Attorney that the City Council pass the attached Resolution au- thorizing the execution and de• livery of the attached Deed pur- suant to the terms of said Ordi- nance. I am advised by Farley & Lcet- scher Manufacturing Company that their records show that on the 2nd day of March, 1943, they paid the Special Session, August 15, 1960 415 costs of publication of said Ordi- nance No. 3-43 in the amount of $17.50. Respectfully submitted, R. N. RUSSO City Attorney Councilman Schueller moved that the recommendation of the City Solicitor be approved. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 180.60 WHEREAS, on the 19th day of February, 1943, the City Council of the City of Dubuque, Iowa, passed, adopted and approved Or- dinance No. 3-43, vacating the alley between Jackson and White Streets from Eighth (8th) and Ninth (9th) Streets in the City of Dubuque, Iowa; and WHEREAS, in said Ordinance No. 3-43 in Section 2 thereof, the City of Dubuque sold, granted and conveyed said vacated alley to the Farley & Loetscher Manufacturing Company, and authorizing the Ma- yor and City Clerk of the City of Dubuque to execute and deliver its Quit Claim Deed to said va- cated alley to the Farley & Loets- cher Manufacturing Company; and WHEREAS, no Quit Claim Deed of the City of Dubuque was ever delivered to the Farley & Loetscher Manufacturing Company. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: That the Mayor and the City Clerk of the City of Dubuque be and they are hereby directed to execute and deliver on behalf of said City its Quit Claim Deed con- veying the alley between Jackson and White Streets from Eighth (8th) and Ninth (9th) Streets in the City of Dubuque, Iowa. Passed, adopted and approved this 15th day of August, A.D. 1980, by unanimous roll call vote. PETER J. TAKOS Mayor LEO N. SCHUFLLER LOUIS SCHALLER JOHN P. SCHREDIER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 15, 1960 To the Honorable Mayor And City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 1 inclusive showing a schedule of the proposed valua- tions and proposed assessments for the improvement of the first alley north of Green Street from Finley Street to Bunker Hill Road with concrete curb and gutter and bituminous concrete paving. Submitted August 15, 1960. JOHN L. WHTTE, City Engineer. Councilman Schreiber moved that the communication be received and made a matter of record. Sec- onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 181-60 BE IT RESOLVED BY THE CTTY COUNCIL OF DUBUQUE, IOWA: Section 1. That the attached sheets No. 1 to 1 inclusive are hereby determined to be the sched- ule of proposed assessments for the improvement of the first alley north of Green Street from Finley Street to Bunker Hill Road with concrete curb and gutter and bi- tuminous concrete paving. Adopted this 15th day of August, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FAOMMELT, City Clerk Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. r 416 Special Session, August 15, 1960 ~ Special Session, August 15, 1960 417 RESOLUTION NO. 182-60 Preliminary estimate and ap- proval of plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of the first alley north of Green Street from Finley Street to Bunker Hill Rcad with concrete curb and gutter and Bituminous Concrete Paving at an estimated cost of $2,054.71, presented and read. Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schueller. Cazried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. (Necessity for ImprovemenT) RESOLUTION NO. 183.60 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each differ- ent type of construction and kind of material to be used. 8. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of the first alley north of Green Street from Finley Street to Bunker Hill Road with concrete curb and gutter and bituminous con- crete paving. BE TT THEREFORE RESOLVED that the City Council upon petition of property owners, deems it ad- visable and necessary for the pub- lic welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency sha71 be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of August, 1960. Approved and placed on file for final action. Approved: PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the approval of the resolution. Sec- onded by Councilman Schaller. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. (Fixing dare of hearing) RESOLUTION NO. 184.60 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 182-680 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on Mile in the office of the City Clerk for public inspection, for the improvement of the first alley north of Green Street from Ffnley Street to Bunker Hill Road w(th concrete curb and gutter and bi- tuminous concrete paving. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 19th day of Septem• ber 1960, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for~the proposed improvement may appear and make objection to the proposed plans and specifications and propsed form of contract and m the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any iM and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby derected to cause a notice of the time and place of such hearing to be published in some rnwspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Cleilc objections to the amount of the proposed assessment, they shall have deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of August, 1980. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOIIN P. SCHREIItER Councilmen. Attest: LEO F. FROMMELT, City Clerk. Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. COUNCII. RECESSED AT 9:00 P.M. RECONVENED AT 9:30 P.M. RESOLUTION NO. 185-60 BE IT RESOLVED by the City CouncB of the City Of Dubuque [hat the following, having complied with the provisions of law relat- ing to the sale of cigazettes within the City of Dubuque, be granted a permit to sell cigarettes and cigar- ette papers within said City. Name Address Mrs. Ramona Fettgather, 1103 Iowa Street Miss Irma Wagner, 1598 Elm Street Mrs. Leonora A. Davis, 2401 Wind- sor Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 15th day of August, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 186.60 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 for the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. CLASS "B" PERMIT Carl E. Meyer, 1828 Central Avenue. Miss Irma Wagner, 1598 Elm Street. Mrs. Ramona Fettgather, 1103 Iowa Street. CLASS "f" PERMIT Mrs. Leonora A. Davis, 2401 Windsor Avenue. 418 Special Session, August 15, 1960 Passed, adopted and approved Councilman Schueller moved the this 15th day of August, 1960. adoption of the resolution Sec- PETER J. TAKOS . onded by Councilman Schreiber. Mayor Carried by the following vote: LEO N. SC~Tr,•r.T.t,7t yeas-Mayor Takos, Councilmen LOUIS SCupi.i.F.R Schaller, Schreiber, Schueller. JOHN P. SCHREIItER Nays-None. Councilmen Vacancy-One. Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved Councilman Schueller moved that Mrs. Eay Wright be appointed the adoption of the resolution to the Recreation Commission to . Seconded by Councilman Schreiber fiR the unexpired term of Ka y . Carried by the following vote: Neyens to 7-561. Seconded b y Yeas-Mayor Takos, Councilmen Councilman Schaller. Carried b y Sc eiber, Schueller. 1 the following vote: Na s-None y yoys--Mayor Takos, Councilmen Vacancy-One. Schaller, Schreiber, Schueller. RESOLUTION NO. 187.60 Nays-None. Vacancy-One WHEREAS, heretofore applica- . tions for Beer Permits were filed Councilman Schaller moved that by the within named applicants Irvin A. Oeth be appointed to the and they have received the ap- Dock Commission to fill the un- proval of this Council; and expired term of Frank Wagner to WHEREAS, the premises to be 11-26-60. Seconded by Councilman occupied by such applicants were Schreiber. Carried by the follow- inspected and found to comply ing vote: with the ordinances of this City Yeas-Mayor Takos, Councilmen and they have filed proper bonds: Schaller, Schreiber, Schueller. NOW, THEREFORE, Nays-None. BE IT RESOLVED by the City Vacancy-One, Council of the City of Dubuque There being no further business that the Manager be and he is directed to issue to the following Councilman Schreiber moved to named applicants a Beer Permit adjourn. Seconded by Councilman . " " Schaller. Carried by the following CLASS B PERMIT vote: Carl E. Meyer, 1826 Central Avenue yeas-Mayor Takos, Councilmen . Miss hma Wagner 1598 Elm Schaller, Schreiber, Schueller. , Street Nays-None. . Mrs. Ramona Fettgather, 1103 Vacancy-One. Iowa Street. LEO F. FROMMELT CLA58 "B" PERMIT FOR City Clerk. PRIVATE CLUB Dubuque Moose Club No. 355, Approved ..........._ .......................1961 65'/z West Fourth Street. , CLASS "C" PERMIT Mrs. Leonara A. Davis, 2401 Adopted ~•••••••~~~•~••+••-•••••~~~~••••-..1981. Windsor Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap- ................................ ... plicants be and the same are here- bY approved. ...................................... PASSID, ADOPTED AND AP- PROVED this 15th day of August, Councilmen 1960. .................................... PETER J. TAKOS Mayor LEO N. SCTHrr.:T r.FR LOUIS SCHAT.T.F.R JOHN P. SCHREIBER Councilmen Attest; LEO F. FROMMELT City Clerk Attest ................................................ City Clerk ~' Regular Session, September 5, 1960 CITY COUNCIL OFFICIAL REGULAR SESSION, SEPTEM- BER 5, 1960. NO MEMBERS OF THE CITY COUNCII, BEING PRESENT UP- ON ROLL CALL THE MEETING WAS POSTPONED SUBJECT TO CALL. LEO F. FROMMELT City Clerk. Approved ................................1961. Adopted ..................................1961. Councilmen Attest City Clerk 419