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1955 April Council Proceedings158 Special Session, Mareh 2rd, 7955 E! e ~'~ l (OFFICIAL) Special Session, March 23rd, 1955. Board met at 9:10 P,M, Present~Chairman Charles A, Kintzinger, Messrs. Ruben V. Aus- tin, Leo N, Schueller, Clarence P. Welty, Absent-Mr. Ray F. Kolb and Dr, A. J, Entringer. State Department of Healbh Des Moines, Iowa 'Mareh 15,1955 Mr, John J. Shea City Clerk Dubuque, Iowa Attention, Local Board of Health Gentlemen; The application for renewal of license by Mr, C. H, Reckord to operate the Reckord Texaco Service Park, 2323 Central Avenue, Du~ buque, during the calendar year 1955 has been approved, The yellow copy of his applica- tion for renewal of license is en- closed for your file. Verytruly yours, Division of Public Health Engineering C, L. Campbell Public Healbh Engineer Mr. Clarence P. Welu moved that the communication Abe re- ceived and made a matter of rec- ord. Seconded by Mr, Leo N, Schueller. Carried by the following vote: Yeas-Chairman Charles A. Kint• zinger, Messrs. Ruben V. Austin, Leo N, Schueller, Clarence P, Welu. Nays-None, Absent-Mr, Ray F. Kolb, Dr, A, J, Entringer, Communication of Albert J, En- tringer, M, D. Director of Health in regard to bhe improper sewage disposal from the basement home located at 2550 Minera'1 Street occu- pied by the Herman Tappe family and stating that it is necessary for the Board of Healbh to order this connection made as provided in Or- dinance No, 35, presented and read. Mr: Clarence P, Welu moved that resolutions be prepared and served upon Mr, Tappe ordering bhat Lot 2 of 1-1-1.1 Prysi Farm Sub. be con• netted wibh the sanitary sewer. Seconded by Mr, Leo N. Schueller, Carried by the following vote: Yeas~Chairman Charles A, Kintzinger, Messrs. Ruben V. Aus- tin, Leo N, Schueller, Clarence P, Welu, Nays-None. Absent-Mr. Ray F. Kolb, Dr. A. J. Entringer, Chairman Charles A, Kintzinger moved that a new ordinance be pre- pared covering the granting of per- mits for the installation of septic tanks, Seconded by Mr, Ruben V. Austin.. Carried by the following vote: Yeas-'Chairman Charles A. Kintzinger, Messrs. Ruben V, Aus- tin, Leo N. Schueller, Clarence P, Welu. Nays-None, Absent-Mr. Ray F, Kolb, Dr. A. J. Entringer. There being no further business Mr, Ruben V, Austin moved that the Board of Health meeting ad- journ, Seconded by Mr, Lea N. Schueller. Carried by the follow- ingvote; Yeas-Chairman Charles A. Kintzinger, Messrs, Ruben V. Aus~ tin, Leo N. Schueller, Clarence P. Welu, Nays-None. Absent-Mr, Ray F, Kolb, Dr. A. J, Entringer, J. J. SHEA, Clerk, Board of Health Approved ................................1955, Adopted .... .............................1955, Members of ...................................: Bd. of Health .................................... Attest :.............................................. Clerk, Board of Heallth T $egular Session, April 4th, 1955 1~9 e.~19 7 ~ r~~ P r~ r .~ ~ ~ ~~ ' r I~ ' ~~~ ~ (OFFICIAL) Regular Session, April 4th, 1955. Council met at 7,30 P;M, Present -Mayor Kintzinger, Councilmen Austin, Schueller, Welu. City Manager Schiltz. Ab- sent~Councilm!an Kolb, Mayor Kintzinger stated that this is the regular monthly meeting of the City Council for the purpose of acting upon sudh business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of the solo of $1,500,000 Water Revenue Bands, 1955 Series of the City of Dwbuque, Iowa, presented and read. Councilman Welu moved that the proof of publication be received and filed, Seconded by Councilman. Schueller, Curried by bhe follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent=Councilman Kolb, The following oral bids for the purchase of $1,500,000 Water Reve- nue Bonds, 1955 Series were re- ceived. Salomon Bros. and Hutzler, par, accrued .interest 23/8% eou- pons, plus a premium of $6,375A0; Paine, Webber, Jackson & Curtis, William Blair & Company, Central Republic Company Carleton D. Beh Company, White Phillip Company, By Joe H. Becker, pax, accrued in- terest, 23/a% coupons, plus a pre- mium of $6,400,00. Tho fallowing sealed bids were opened and read for the purchase of $1,500,000 Water Revenue Bonds, 1955 Series; White, Weld & Co., F. S. Smithers & Co., Blunt, Ellis & Simmons, Julien Collins & Co., Shannon & Co., Ravenscroft & Co,, By Floyd W. Sanders; interest at the rate of 2~/z%, we will pay the sum of $1,519,300,00 and ac• trued interest; Stern Brothers, Barrett Fitch, 7~ahner & Co., George K. Bawm & Co,, Farwell Chapman, Quail & Co., Becker & Connie, Inc., By Paul W, Becker, interesrt at the rate of 23/s%, we will pay par and a premium of $512.78 with accrued interest, RESOLUTION N0. 82.55 Resolution providing for the sale and award of $1,500,000 Water Rev- enue Bonds, 1955 Series, and ap• proving and authorizing the agree went of swch sale and award, Whereas, notice of sale of Water Revenue Bands, 1955 Series, of the City of Dubuque, Dubuque County, Iowa, in the amount of $1,500,000 has hcrc~tofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in at least one newspaper located in Dwbuque County; and Whereas, all sealed bids were received amd placed on file, after which open bids were called far and received as follows: Salomon Bros. and Hutbler, par, accrued in- terest, 2a/a% coupons, plus a pre- mium of $6,375A0; Paine, Webber, Jackson & Curtis et al., par,' ac- crued interest, 2%a% coupons, plus a premium of $6,400.00, and there- aftersuch sealed bids were opened, the swbstance of the best sealed bid being as follows: White, Weld & Co, et a1., interest at the rate of 21/z %, we will pay the sum of $1,519,300.00 and accrued interest; Now, Therefore, Be It Resolved by bhe City Council of the City of Dubuque, Iowa, as follows; Section 1, That wpon being ad- vised in the premises, it is hereby determined that the bid of Paine, Webber, Jackson & Cuntis et al. for bhe purchase of said Water Reve- nue Bonds, 1955 Series, as adver- tised, upon terms of par and ac- crued interest plus' a premium of $6,400.00 is bhe highest and best bid received and that said bonds bearing interest at the rate of two and three-eighths per cent (23/8%) per annwm be and the same are heroby awarded to said Paine, Web- ber, Jackson & Curtis et al, Section 2. That the form of agreement of sale of said bonds 40 Paine, Webber, Jackson & .;Curtis et al, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to ex- ecute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto, Section 3, That all resolutions or parts of resolutions in conflict herewibh be and the same are here- by repealed. X60 Regular Session, April 4th, 1955 Passed and approved April 4, 1955, CHARLES A. KRVTZRVGER Mayor CLARENCE P, WELD RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen ' Attest: J. J. SHEA, City Clerk ' Recorded Apri14, 1955. J. J, SHEA, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-Alone. Absent-Councilman Kolb, Councilman Welu moved that bhe City Treasurer be authorized and directed to return the deposits of all bidders, except the best bidders, for the purchase of the $1,500,000 Water Revenue Bonds, 1955 Series of bhe City of Dubuque, Iowa. Sec- onded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-Alone. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cast of construction of concrete curb and gutter on the following G portions of the following named streets, to wit: Ashton Street from the North Property Line of Delaware Street to the Norbh end of Ashton, Avoca Street from the North Property Line of Seminary Street to the South Property Line of Ungs Street. Bunker Hill Road from the North it Property Line of Green Street to the South Property Line of Finley ' Street. Burlington Street !from the West Property Line of National Street to ' the alley first west of National Street. Drexel Avenue from the South Property Line of Pennsylvania Ave- ' nue Ito the North Property Line of Lehigh Avenue, Elm Street from the North Prop- ... erty Line of Lot 12-O,S, Lang- i worthy's Sub. to the South Prop- erty Line of Lot 6-O;S, Lang• worthy's Sub. Garfield Avenue from the North Property Line of Whittier Street to the South Property Line of Stan- ton Street, Glen Oak Street from the North Property Line of Vernon Street Ito the Soubh Property Line of Edina Street, Grandview Avenue from the North Property Line of Delhi. Street to bhe South Property Line of Laras Boulevard. Green Street from the West Property Line of Bunker Hill Road to bhe North Property Line of Pennsylvania Avenue, Hickson Avenue from bhe South Property Line of Pennsylvania Ave- nue to the North Property Line of Lenox Avenue, Marmora Avenue from the South Propenty Line of Pennsylvania Ave• nue to bhe North Property Line of Fairfax Avenue. Letbe Street from the East Prop- erty Line of Jackson Street to the end of Leibe Street. Lindale Street 'from the West Propenty Line of Woodlawn to the end of Lindale Street, Lindberg Terrace from the East Property Line , of Eagle Street to the end of Lindberg Terrace. Lorimer Street from the Soubh Property Line of Levi Street to the South end of Lorimer Street. Washington Street from the North Property Line of Leibe Street to the end of Washington Street. Woodlawn Street from bhe North Property Line of Karen Street to the end of Woodlawn Street, esti- mated cost $52,290,77, presented and read. 'Councilman Welu moved that bhe proof of publication be received and filed. Seconded by Councilman Schueller. Carried Eby the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, Petitions of G. L, Kulander et al. and of Robert P, & Mariam Ready protesting against the proposed curb and guttering and resurfacing of Ashton Place, presented and read, City Manager Schiltz recom- mended that Ashton Place be de- Regular Session, April 4th, 1955 161 leted from the 1955 improvement program. Councilman Austin moved that the recommendation of City Manager Schiltz ibe approved, Seconded!by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Edgar W, Theisen re- questing the !City Council to delete from the 1955 street improvement the proposed project of curbing and guttering Woodlawn Street and asking that said improvement be deferred until such time as more houses are constructed on this street and the improvement is re- quested by a larger percentage of property owners, presented and read, City Manager Schiltz recom- mended that Woodlawn Street be deleted from the 1955 improve- ment program. Councilman Austin moved that the recommendation of City Manager Schiltz 'be approved. Seconded by Councilman Schueller. Carried by the following vote; Yeas--JMayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. A-bsent-~Councibman Kolb. Dubuque, Iowa March 15, 1955 Dwbuque City Council City Hall Dwbuque, Iowa Honorable Sirs; In the March 11th edition of the Telegraph-HeraPd, I note your No• tice of Pendency of Resolution of Necessity for Public Improvements and hearing upon proposed plans and specifications and cost of im• provements for the construction of concrete curb and gutter on Drexel Avenue from the south property line of ,Pennsylvania Avenue to the north property line of Lennox Ave- nue. As I own Lots No. 399, 400, 401 and Lot 2 of 402 abutting Drexel Avenue, I am deeply concerned in this project. At the present time the City of Dubuque is using part of these lots for ~a drainage ditch for Chaney Road and the surrounding terri- tory, Therefore, I object to this im- provement until such time as the City can drain this water in some other direction, or obtains an eas~e• meat to cover said ditch so these lots can be filled and made saleable or useable. T trust you can see this matter in the same light as I do. Yours truly, Thos. S, Smith, Sr, 2960 Delhi Road, R.R. 2 Dubuque, Iowa Councilman Austin moved that the petition be received and filed and the 'City Manager directed to con#er with Mr. Smith concerning the question raised in his petition and also as to the matter of secur- ing easements over his property. Seconded by Councilman Welu, Carried ~by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolib, RESOLUTION NO. 83.55 Resulting amending Resolution No. 58.55. Be It Resolved By The City Coun- cil of the City of Dubuque: Section 1. That Resolution No. 58.55 being the Resolution of Ne- cessity for the City of Dubuque 1955 Concrete Curb & Gutter Proj- eot No, 1, 'be and the same is here- by amended Eby deleting the fol- lowing portions of the following named streets therefrom: Ashton Street, Delaware Street, to North End of Ashton Street, Woodlawn Street, Karen Street to End of Woodlawn Street, Passed, adopted and approved this 4th day of April 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas~Mayor Kintzinger, °Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-aCouncilman Kolb. Decision of Council upon objec• (ions to plans, specifications, form of contract and cost of im• provements RESOLUTION NO. 84.55 Whereas, proposed plans and specifications and form of contract 162 Regular Session, April 4th, 1955 for the construction of concrete curb and gutter on the following portions of the following named streets, to wit: Avoca Street from the North Property Line of Seminary Street to the South Property Line of Ungs Street. Bunker Tull Road from the North Property Line of Green Street to the South Property Line of Finley Street. Burlington Street from the West Property Line of National Street to the alley first west of National Street, Drexel Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Lehigh Avenue. Elm Street from the North Prop• erty Line of Lot 12~-O,S. Lang- worthy's Sub, to the South Prop• erty Line of Lot 6-O:S, Lang- worthy's Smb. Garfield Avenue from the North Property Line of Whittier Street to the South Property Line of Stan• ton Street. Glen Oak Street from the North Property Line of Vernon Street to the South Property Line of Edina Street, Grandview Avenue from the North Property Line of Delhi Street to the South Property Line of Loras Boulevard. Green Street from the West Property Line of Bunker Hill Road to the North Property Line of Pennsylvania Avenue. Hickson Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Lenox Avenue, Marmara Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Fairfax Avenue, Leibe Street from the East Prop• erty Line of Jackson Street to the end of Leibe Street. Lindale Street frmn the West Property Line of Woodlawn to the end of Lindale Street. Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace. Lorimer Street from the South Property Line of Levi Street to the South end of Lorimer Street. Washington Street from the North Property Line of Leibe Street 'to the end of Washington Street have been approved by the City Council of the City of Du- buque and pnblie notice given as provided'by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place Fixed for the hearing of all objections to said plans, specifi- cations or contract 'far or cost of such improvements, said time ibe- ing this 4th day of April, 1955; and Whereas, the City Council met in regular session this 4th daq of April, 1955, at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties sand considering any and all objections which have been filed to the proposed plans, specifications or contract for or cast of the improvement herein de- scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and gall objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun- eil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract far or Bost of said improvement herein described and proposed to Abe made, Abe and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement, Passed, adopted and approved this 4th day of April, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest; J, J. SHE'A, City Clerk Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Caun- cilmen Austin, Schueller, Welu. Nays-None. Absent-,Councilman Kolb. T Regular Session, April 4th, 1955 163 RESOLUTION N0. 58.55 Be It Resolved by the Gity Coun- cil of the City of Dubuque, Iowa on its own motion: Section 1, That it is deemed ad• visable and necessary far the pub- lic welfare to make and provide street improvements under the pro- visions of Chapter 391 of the 1950 Code of Iowa, Eby installing concrete curb and gutter on the following portions of the following named Streets, to wit: Avoea Street from the North Property Line of Seminary Street to the South Property Line of Ungs Street. Bunker Hill Road from the North Property Line of Green Street to the South Property Line of Finley Street. Burlington Street from the West Property Line of National Street to the alley first west of National Street, Drexel Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Lehigh Avenue. Elm Street from the North Prop- erty Line of Lot 12--0.5, Langwor- thy's Sub, tc the South Property Line of Lot 6-O,S, Langworthy's Sub, Garflield Avenue from the North Property Line of Whittier Street to the South Property Line of Stanton Street. Glen Oak Street from the North Property Line of Vernon Street to the South Property Line of Edina Street. Grandview Avenue from the North Property Line of Delhi Street to the South Property Line of Loras Boulevard. Green Street from the West Property Line of Bunker Hill Road to the North Property Line cf Pennsylvania Avenue. Hickson Avenue from the South Property Line of Pennsylvania Ave• rue to the North Property Line of Lenox Avenue. Marmara Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Fairfax Avenue. Leibe Street from the East Prop- erty Line of Jackson Street to the end of Leibe Street. Lindale Street from the West Property Line of Woodlawn to the end of Lindale Street. Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace, Lori-mer Street from the South Property Line of Levi Street to the South end of Lorimer Street. Washington Street from the North Property Line of Leibe Street to the end of Washington Street. Section 2, Said improvements shall be constructed under con- tract and in accordance with the plans and specifications which have been prepared therefor by the City Engineer and which together with the Plat and Schedules for such improvements, have been approved by the City Council and are now on file in the office of the City Clerk. Section 3. That the cost and ex- pense of making sold improvements will be assessed upon and against all privately owned property lying within the assessable distance pro- vided Eby law and in an amount not to exceed the amount provided by law. Property will be assessed whether the same abuts on any of said portions of said street or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. The railway por- tion of any such streets shall be assessed against the railway com- pany. Section 4, That the City Council by this resolution gives notice of its intention to issue bonds as pro• vided by Section 396.6 of the Code of Iowa, 1954, for the purpose o-f providing for the payment of the assessed cost of said improvement: said bond's to be issued in anticipa- tion of the deferred payment of the assessments levied therefor, and that said bonds will be sold at public sale in the manner pro- vided by law, but shall not be sold for less than par value. with ae• cruel interest from date of bonds to the time of delivery thereof. Section 5. That unless property owners at the time of final consid- eration of this resolution have on file with the City Clerk objections to the amount of the proposed as- sessment, they shall be deemed to have waived all objections thereto. Section 8, For purposes of brevi- ty and reference all the foregoing 164 Regular Session, April 4th, 1955 improvements will be known as "City of Dwbuque 1955 Concrete Curib & Gutter Project Number 1;' Introduced, approved and ordered placed on file with the City Clerk this 7th day of March, 1955, CHARLES A, KINTZINGER Mayor CLARENCE P, WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest; J, J. SHEA, City Clerk The foregoing resolution was finally passed and adopted, as amended, by the City Council this 4th day of April, 1955, CHARLES A. KINTZINGER Mayor ~CLARENCE P, WELU RUBEN V, AUSTIlQ LEO N, SCHUELLER Councilmen Attest; J. J. SHEA, City Clerk 'Councilman Welu moved the adoption of the resoluh'ion, Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Aibsent-Councilman Kolb, (Ordering Construction). RESOLUTION N0. 95.55 Be It Resolved By The City Coun- cil Of The City Of Dwbuque that pursuant to a resolution of neces- sity No. 58.55 which was duly passed by this Council, for the con- struction of concrete curb and gut- ter on the following portions of the following named streets, to wit: Avoca Street from the North Property Line of Seminary Street to the South Property Line of Ungs Street. Bunker Hill Road from the Norbh Property Line of Green Street to the South Property Line of Finley Street, Burlington Street from the West Property Line of National Street to the alley first west of National Street, Drexel Avenue from the South Property Line of Pennsylvania Ave• rue to the North Property Line of Lehigh Avenue, Elm Street from the North Prop- erty Line of Lot 12-0.5. Lang- worthy's Sub. tp the South Prop- erty Line of Lot 6-O:S, Langwor- thy's Sub. Garfield Avenue from the North Property Line of Whittier Street to the South Property Line of Stan- ton Street. Glen Oak Street from the North Property Line of Vernon Street to bhe South Property Line of Edina Street, Grandview Avenue from the North Property Line of Delhi Street to the South Property Line of Loras Boulevard. Green Street from the West Property Line of Bunker Hill Road to the North Property Line of Pennsylvania Avenue. Hickson Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Lenox Avenue. Marmora Avenue from the South Property Line of Pennsylvania Avenue to the North Property Line of 'Fairfax Avenue. Leibe Street from bhe East Prop- erty Line of Jackson Street to the, end of Levbe Street. Lindale Street from the West. Property Line of Woodlawn to the end of Lindale Street. Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace, Lorimer Street from the South Property Line of Levi Street to the South end of Lorimer Street. Washington Street from the North. Property Line of Leibe Street to the end of Washington Street, be and the same are hereby or- dered and constructed by this Council upon its own motion, All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the: City Clerk, Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying.. special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether swch prop erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and. any deficiency will be paid out of the street funds of the city. Pay-, ment will be made to the contrac• T ~iegular Session, April 4th, 1955 165 tar out of funds realized from the sale of bonds to be issued in antici- pation of deferred payments of as- sessments as provided Eby law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk Abe and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before 125 calendar days after date of con- tract, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the Clty Council. Passed, adopted and approved this 4th day of April, 1955, CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J, J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Austin. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the ,publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications and cost of improve- ment for the improvement of Ash- ton Place with asphaltic macadam surfacing from bhe north property line of Delaware Street to the north end of Ashton Place, esti- matedcost $2,99628, presented and read. City Manager Sclultz submit- ted verbal recommendation that the improvement of Ashton Place with asphaltic macadam surfacing from the north property line of Delaware Street to the north end of Ashton Place be deleted. Coun- cilman Schueller moved that the verbal recommendation of City Manager Schiltz be approved, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, Proof of publication, certified to by bhe publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications and cost of improve- ment for the improvement of Avo• ca Street with asphaltic macadam surfacing from the north property line of Seminary Street to the south property line of Ungs Street, esti- matedcost $4,571.98, presented and read, No written objections filed and no objector present in the Council Chamber at the time set for said public hearing, Council- man Welu moved that the proof of publication be received and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councllman Kolb. Decision of Council upon objections to plans, specifications and cost of improvements RESOLUTION NO. 96.55 Whereas, proposed plans and specifications for the improve- ment of Avoca Street from the North Property Line of Seminary Street to the South Property Line of Ungs Street with Asphaltic Macadam Surfacing, have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertain- ing to public contracts and bands, and the time and place fixed for the hearing of all objections to said plans, specifications or cost of such improvements, said time being this 4th day of April, 1955; and Whereas, bhe City Council met in regular session this 4th day of April, 1955, at 7:30 o'clock P.M. at the Council Chathbers in the City Hall far the purpose of hearing all interested parties and considering any and all objections which have been filed ~to the proposed plans, specifications or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which 168 regular Session, April 4th, 1955 have been duly weighed and con- sidered; now, therefore Be 1t Resolved by the City Coun- cil of the City of Dwbuque, that all objections which have been made and filed to the plans, specifca- tions, or cast of said improvement herein described and proposed to be made, Abe and the same hereby overruled and such plans, specifi- cations heretofore approved are hereby adopted. Be It Further Resolved t-hat this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adapted and approved this 4th day of April, 1955, CHARLES A, KINTZINGER Mayor CLARENCE P, WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the fallowing vote: Yeas~Mayor Kintzinger, Coun- cilmenAustin, Schueller, Welu. Nays-None, A~bsen't-~Counci~l~man Kolb, (Necessity for Improvement) RESOLUTION N0. 64.55 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by bhe 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 boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council 5. An estimate of the cost of the proposed improvement, 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Avoca Street with asphal- tic macadam surfacing from the north property line of Seminary Street to the south property line of Ungs Street, Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare Ito make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the Ciity Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided Eby law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether bhe same abwts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and bhe 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 ihtro- duced, approved and ordered placed on file with the City Clerk this 7th day of March, 1955. The fpregoing resolution was finally passed and adopted, as proposed, by the City Council this 4th day of April, 1955, 'CHARLES A, KINTZRVGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved bhe adoption of the resolution. Second- ed Eby Councilman Schueller, Car- ried'by the following vote: T Regular Session, April 4th, 1955 X67 Yeas-Mayor Kintzinger, Coun- cIlmen Austin, Schueller, Welu, Nays-None, Absent-'Councilman Kolb, (Ordering Construction) RESOLUTION N0. 87.55 Be It Resolved by the City Coun- cil of bhe City of Dwbuque that pur- suant to a resolution of necessity No, 84.55 which was duly passed by this Council, for the improvement of Avoca Street with Macadam sur- facing from the North Property Line of Seminary Street to bhe South Property Line of Ungs Street be and the same is hereby ordered constructed bythis Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut wpon the same or is adjacent thereto, according to the area thereof and in proportion to the special benefibs conferred, and labor and equipment costs shall be paid out of the street funds. Pay- ment will be made out of funds realized from 'the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be R Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and e£feot from and after its .passage and adoption by the City Council. Passed, adopted and approved this 4th day of April, 1955, CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Scheel°ler moved the adoption of the resolution. Second- ed 'by Councilman Austin, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Plays-None. Absent-Councilman Korb, Proof of publication, certified to by the ,publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications and cast of improve- ment far the improvement of Bur• lington Street with asphaltic maca- dam surfacing from the west prop- erty line of National Street to the alley first west of National Street, estimated cost $1,084,21, presented and road, No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Council- man Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, A'bsent--Councilman Kotb, Decision of Council upon objec- tions to plans, specifications, cost of improvements RESOLUTION N0. 88.55 Whereas, proposed plans and specifications and for the improve- ment of Burlington Street from the West Property Line of National Street to the alley first west of National Street with Asphaltic Macadam Surfacing, have been ap- proved by the City Council of the City of Dwbuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications for or cost of such improvements, said time being this 4th day of April, 1955; and Whereas, the City ,Council met in regular session this 4th day of April, 1955, at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the ,purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications for or cast of the Im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have 'been duly weighed and con- sidered; raw, therefore T 16$ Regular Session, April 4th, 19u~5 Be It Resolved .by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, for or cost of said improve- ment herein described and pro- posed to be made, be and the same hereby overruled and such plans, specifications heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of April, 1955, CHARLES A. KINTZRVGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest: J, J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 67.55 Whereas, proposed plans, specifi- cations, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: 1, The boundaries of the district, if any, 2, The streets to be improved, 3, The width of such improve- ment. 4, Each lot proposed to be as- sessed together with a valuation fixed by the council. 5, An estimate 'of the cost of the proposed improvement. 6. In each case the amount there- of which is estimated to be as• sensed against each lot, for the im- provement of Burlington Street with asphaltic macadem surfaoing from the west property line of Na- tional Street to the alley first west of National Street, Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary far the public welfare to make the herein mentioned improvement, and unless property owners at the time of bhe final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with bhe 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 assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent bhereto according to area and in proportion to the special benefits conferred thereby. Labor and Equipment posts shall be paid out of street improvement 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 porbion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of March, 1955. The foregoing resolution was finally passed and adopted, as proposed, by bhe City Council this 4th day of April, 1955, CHARLES A, KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTBV LEO N, SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Coumcihnan Austin, Carried by the following vote: Regular Session, April 4th, 1955 169 Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolib. (Ordering Construction) RESOLUTION NO. 89.55 Be It Resolved Eby the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 67.55 which was duly passed'by this Council, for the improvement of Burlington Street with asphaltic macadam surfacing from the west property line of National Street to the alley first west of National Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or wibhout the petition of property owners, All the work shall be constructed in accordance with the plans and specifications heretofore adopted and raw on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to bhe area thereof and in proportion to the special benefits conferred, La• bor and equipment costs shall be paid out of bhe Street funds. Pay- ment will be made out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the Gity Council. .Passed, adopted and approved this 4th day of April, 1955, CHARLES A, KINTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest: J. J, SHEA, 'City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Proof of pwblication, certified to by the publishers, of notice of pendency of resolution of necessi• ty and hearing upon proposed plans, specifications and cost of improvement for improvement of Glen Oak Street with asphaltic macadam surfacing from the north property line of Vernon Street to the south property line of Edina Street, estimated cost $1,077,68, presented and read, No written ob- jectionsfiled and no objectors pres- ent in the Council Chamber at the time set for said public hearing, Councilman Schueller moved that the proof of pu'blieation be received and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent-'Councilman Kolb. Decision of Council upon objec• Lions fo plans, specifications, and cost of improvements. RESOLUTION N0. 100.55 Whereas, proposed plans and specifications and farm of con- tract for the improvement of Glen 0'ak Street from the North Prop- erty Line of Vernon Street to the South Property Line of Edina Street with Asphaltic Macadam surfacing have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hear- ing of all abjeotions to saidplans, specifications for or cost of such improvements, said time being this 4th day of Apri1,1955; and Whereas, the City Council met in regular session this 4th day'of April, 1955, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have ,been filed to the pro- posed plans, specifications or for cost of the improvement herein de• scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to 170 Regular Session, April 4th, 1955 be heard and all objections which have 'been duly weighed and con- sidered; now, therefore Be It Resolved by~the City Coun- cil of the City of Dubuque, that all objections which havebeen made and filed to the plans, specifica- tions and form of contract hereto- fore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a mat- ter of permanent record in con- nection with said improvement, Passed, adopted and approved bhis 4th day of April, 1955. CHARLES A. KIIVTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIlV LEO N. SCHUELLER Councilmen Attest; J. J, SHEA, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, 'Schueller, Welu, Nays-None. AbsentJCouncilman Kolb, (Necessity for Improvement) RESOLUTION N0, 10.55 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The boundaries of the district, if any. 2. The streets to be improved, 3, The width of such improve- ment, 4, Each lot proposed to be as- sessed together with a valuation fixed my the council. 5, An estimate of the cost of the proposed improvement, 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Glen Oak Street with as- phaltic macadam surfacing from the north property line of Vernon Street to the south property line of Edina Street, Be It Therefore Resolved that the City 'Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which havebeen approved 'by the 'City Council and are now on file with the City 'Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop• erty lying within assessable dis- tance provided ~by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon 'or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid cwt of street improvement funds, Bonds shall 'be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to ,pay the con- tractor, 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 Mile with the City Clerk this 7th day of March, 1955. The foregoing resolution was finally passed and adopted, as proposed, by the City 'Council this 4th day of April, 1955. CHARLES A, KRVTZINGER Mayor CLARENCE P. WELD RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J, J, SHEA, City Clerk Councilman Austin moved the adoption of bhe resolution Second- ed by Councilman Schueller. Car- Tied by the following vote: T Regular Session, April 4th, 1955 171 Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent=Councilman Kolb. (Ordering Construction) RESOLUTION N0. 101.55 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 70.55 which was duly passed by this Council, for the im- provement of Glen Oak Street with asphaltic macadam surfacing from the north property line of Vernon Street to the south praper'ty line of Edina Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the :plans and specifications hereto• fore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements 'be paid for by levying special assessments against the pri- vately awned property lying within the assessable distance from the improvements, whether such prop- erty abut wpon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred. La- bor and equipment costs shall be paid out of the street funds, Pay ment will be made out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments ~as provided '.by law after the work has been completed and accepted Eby the City Council Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall Abe in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of April, 1955. 'CHARLE'S A, KINTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-'Councilman Kolb. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the following improve• ment iby surfacing on the following portions of the following named streets with hot mix, hot laid as- phaltic concrete, to-wit: 1, Grandview Avenue Extension from the North Property Line of Delhi to bhe South Property Line of Loras Blvd. 2, Jones Street from the West Property Line of Main Street to the East Property Line of Locust Street, 3, Leibe Street from the East Property Line of Jackson Street to the end of Leibe Street. 4. Shields Street from the North Property Line of Dodge Street to the South Property Line of Janes Street, 5, East 30th Street from the East Property Line of Central Avenue to 65' east of the East Property Line of Elm Street. 6. University Avenue from the East Property Line of Alta Vista to the West Property Line of Lot 2 of 2 of Summit Addition 7. University Avenue from the East Property Line of Auburn Street to the West Property Line of Lot 13 in Finley Waples and Burtons Addition. 8, Washington Street from the North Property Line of Leibe Street to the end of Washington Street North, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded'by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• oilmen Austin, Schueller, Welu. Nays-None. Absent~Councilman Kolb.- April 4, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instruction, sealed bids were received up ,to 10:00 A.M. on April 4th, 1955 for the City of Dubuque 1955 Hat Mix- Hot Laid Asphahic Concrete Sur• 172 Regular Session, April 4th, 1955 facing Project No. 1, Attached is the tabulation of bids received. I recommend that the contract be awarded to Mulgrew Blacktop Inc. of Dubuque, Iowa, who sub- mitted the lowest !bid received which was 4,32% above the en- gineer's estimate. Respectfully submitted, L, J. SCHHrTZ, City Manager Councilman Austin moved that the recommendation of rlity Man- ager Schiltz be approved, Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb, (Awarding Contract) RESOLUTION N0. 102.55 Whereas, sealed .proposals have been submitted by contractors for the improvement Eby surfacing on the following portions of the fol- lowing named streets with hot mix, hot laid asphaltic concrete, to-wit: 1. Grandview Avenue Extension from the North Property Line of Delhi ~to the South Property Line of Loras Blvd. 2. Jones Street from the West Property Line of Main Street to the East Property Line of Locust Street, 3. Leibe Street from the East Property Line of Jackson Street to the end of Leibe Street. 4, Shields Street from the North Property Line of Dodge Street to the South Property Line of Jones Street. 5, East 30th Street from the East Property Line of Central Ave- nue to 65' east of the East Prop- erty Line of Elm Street. 6. University Avenue from the East Property Line of Alta Vista to the West Property Line of Lot 2 of 2 of Summit Addition. 7. University Avenue from the Street to the West Property Line of Lot 13 in Finley Waples and Bur- tons Addition. 8. Washington Street from the North Property Line of Leibe Street to the end of Washington Street North, pursuant to Resolu- tion No, 49.55 and notice to bidders published in a newspaper published in said City on March 14th, 1955 and March 15th, 1955; and Whereas, said sealed proposals were opened sand read on April 4th, 1955, and it has been deter- mined that the -bid of Mulgrew Blacktop, Inc, of Dubuque, Iowa in the amount of $102,961.85 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuquethat the contract for the above men- tioned improvement be awarded to Mulgrew Blacktop, Inc., Dwbuque; Iowa, and the Manager be and he is hereby directed to execute a con• tract on behalf of the City of Du- buque for the complete perform- ance of said work. Be It Further Resolved, that wp- on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 4th day of April, 1955, CHARLES A, KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N; SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin, Carried by the following vote. Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-~Nene. Absent-Councilman Kolb, Proof of publication, certified to by the pulblishers, of notice to contractors of the receipt of pro- posals far the improvements on the following portions of the fol• lowing streets .by installing a Bi- tuminous Concrete Surface course thereon, to•wft: 1. Auburn Street from the North East Property Line of Grace Street to the South West Property Line of University Avenue, 2. Clinton Street from the West Property Line of Windsor Avenue to the East Property Line of Queen Street, 3. Eagle Streef from the North T Regular Session, April 4th, 1955 173 Property Line of Thomas Place to the South Property Line of Viola Street. 4. Elm Street from the North Property Line of 22nd Street to the South Property Line of 24th Street. 5. Elm Street from the North Property Line of 24th Street to the South Property Line of 26th Street. 6. Garfield Avenue from the North Property Line of Marshall Street to the South Property Line cf Stanton Street. 7. Hennepin Street from the West Property Line of Stafford Street to the East Property Line of Windsor Avenue. 8, Ida Street. from the South Property Line of Delhi Street to the North Property Line of Grace Street, 9. Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace. 10, Marshall Street from the West Property Lirie of Rhomberg Avenue to the East Property Line of Lincoln Avenue. 11. O'Hagen Street from the South Property Line of University Avenue to the North Property Line of Mineral Street. 12. Pearl Street from the North Property Line of O'Hagen Street to the end of Pearl Street. 13. Pleasant Street from the West Property Line of Viola Street to the East Property Line of Staf• ford Street, presented and read. Councilman Austin moved that the proof of publication 'be received and filed. Seconded by Councilman Welu. Cart+ied by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-aNone. Absent-Councilman Kolb. April 4, 1955 To the Honorable Mayor 'and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received wp to 10;00 A:M, on April 4th, 1955 far the City of Dwbuque 1955 Bitwmi- nous Concrete Surfacing Project No, 1, Attached is the tabulations of the bids received, I recommend that the contract be awarded to. Iowa Road Building Company of Fairmont, Minnesota, who submitted the lowest bid re• ceived which was 7.28% above the engineers estimate. Respectfully submitted, L. J, 5CHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Awarding Contract) RESOLUTION N0. 103.55 Whereas, sealed proposals have been submitted by contractors for the improvements on the following portions of the following streets Eby installing a Bituminous Concrete Surface course thereon, to•wit: 1. Auburn Street from the North East Property Line of Grace Street to the South West Property Line of University Avenue, 2, Clinton Street from the West Property Line of Windsor Avenue ,to the East Property Line of Queen Street. 3, Eagle Street from the North Property Line of Thomas Place to the South Property Line of Viola Street. 4, Elm Street from the North Property Line of 22nd Street to the South Property Line of 24th Street, 5. IIm Street from the North Property Line of 24th Street Ito the South Property Line of 26th Street. 6, Garfield Avenue from the North Property Line of Marshall Street to the South Property Line of Stanton Street. 7. Hennepin Street from the West Property Line of Stafford Street to the East Property Line of Windsor Avenue. 8. Ida Street from the South Property Line of Delhi Street to the North Property Line of Grace Street. 9. Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace. 10. Marshall Street from the West Property Line of Rhomberg Avenue to the East Property Line of Lincoln Avenue. 11. O'Hagen Street from the South Property Line of University 174 1legular Session, April 4th, 1955 Avenue to the North Property Line of Mineral Street, 12, Pearl Street from the North Property Line of O'Hagen Street to the end of Pearl Street, 13, Pleasant Street from the West Property Line of Viola Street to the East Property Line of Staf- ford Street, pursuant to Resolution No, 51-55 and notice to bidders pwb- lished in a newspaper published in said City on March 11th, 1955 and March 14th, 1955; and Whereas, said sealed proposals were opened and read on April 4th, 1955, and it has been determined that the bid of Iowa Road Building Company of Fairmont, Minnesota in the amount of $81,734.73 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided far in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract far the above mentioned improvement 'be awarded to Iowa Road Building Company, Fairmont, Minnesota and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be It Further Resolved, that wpon the signing of said contract and the approval of -the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 4th day of April, 1955, CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest; J. J. SHEA, 'City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-Nave. Absent-Councilman Kolb. Original Notice of Suit of Delor- es T, Olary, Plaintiff vs. City of Du- buque, Iowa, Defendant, in the amount of $3000,00 and costs of action far injuries received in a fall on crosswalk, also known as the sidewalk, in the public alley between Iowa Street and Central Avenue at and near where sand public alley and East 16th Street intersects, said injuries being caused in a fall on the ice and snow covered sidewalk, presented and read. Councilman Austin moved that the Original Notice of Suit be referred to the City Solicitor. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Original Notice of Suit of Mrs. Rose Nestaby, Plaintiff vs. City of Dubuque, Iowa and Dubuque Building and Loan Association, De- fendants, in 'the amount of $25,000.00 and costs of action for injuries received in a fall on ice covered sidewalk on west side of Iowa Street just north of the northeast corner of the intersection of Eighth Avenue and Iowa Streets, presented and read, Councilman Austin moved that the Original No- tice of Suit be referred to the City Solicitor. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- oilmen Austin, Schueller, Welu. Nays~None, Absent-Councilman Kolb, Notice of Claim of Jennie Spear in the amount of $400,00 for in- juries received in a fall caused Eby wet leaves when crossing the street at the corner of West 8th Street and Air Hill Street, presented and read. Councilman Austin moved that the Notice of Claim be re- j'erred to the Cuty Solicitor, Second- ed by Councilman Welu. Carried by the follaw~ing vote; Yeas-,Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None.. Absent-Councilman Kolb, Notice of Claim of Loretta Mc- Clain, by Louis F, Fautsch her At- torney, in an unstated amount for injuries received when she tripped and fell wpon the sidewalk situated on the east side of Central Avenue at northeast corner of Central Ave- nue and Ninth Stroet, presented and read. Councilman Austin T regular Session, April 4th, 1955 175 moved that the Notice of Claim be referred to the City Solicitor, Sec- onded by Councilman Welu, Carried by ,the following vote: Yeas-Mayor Kintzinger, Caun- cilmen Austin, Schuoller, Welu. Nays-None, Absent--Councilman Kolb, Notice of Claim of Hazel Renni- sion in the amount of $100.00 for in- juries received in a fall on ice and snow covered sidewalk in front of the Traveler's Cafe at 665 Central Avenue, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor, Seconded by Councilman Welu. Carried by bhe following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None, Absent-'Councilman Kolb. Notice of Claim of Maude K, Sommerfeld in the amount of $15,- 000.00 far injuries received in a fall on a defective sidewalk on the south side of Dodge Street east of 1284 Dodge Street> presented and road, Councilman Austin moved that the Notice of Claim be referred to the City Solicitor. Seconded by Councilman Welu. Carried by the. following vote: Yeas--Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb. Notice of Claim of Carl F. Hitten- miller in the amount of $9.75 for damages to his car caused in strik- ing ahole in the street at Angella Street and Pierce Street, presented and read, Councilman Austin moved that ifhe Notice of Claim be referred to the City Solicitor, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. March 26,1955 J. J. Shea City Clerk, Dubuque, Iowa I hereby certify that the cost of constructing sanitary sewer in St. Ambrose Street under Ctiy Ordi- nance No. 7-53 is $1,173.94, Albert H, Beitzel Subscribed and sworn to before me this 26th day of March A, D. 1955, Geraldine L. Jenni (Soal) Notary Public Councilman Austin moved that the certification of Albert H. Beit• zel be received and made a matter of record, Seconded by Council- man Schueller, Carried by the fol- lowing vote; Yeas--Il4ayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Communication of County Audi- tor Meloy submitting for Council approval the petition of Barbara Rahloff requosting suspension of the 1954 taxes on the East '/z of Lot 352 East Dubuque Addition, presented and read. Councilman Austin moved that the petition be referred to the City Manager and City Solicitor. Second- ed by Councilman Welu. Carried by the following vote; Yeas-Nlayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Communication of County Audi- tor Meloy submitting for Council approval the petition of Mary P. Hier requesting suspension of the 1954 taxes on the North 24 feet of the East 170 feet of Lot 374 Davis Farm Addition, presented and read. Councilman Austin moved bhat the petition be referred to the City Manager and City Solicitor. Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb. Petition of Westminster Presby- terian Church requesting that the portion of the alley lying between Alta Place and Ashton Place ex- tending southerly from Decorah Street and between... Lots 282 to 286 inclusive and Lots 288 to 290 in Woodlawn Park Subdivision be vacated and that the title to the vacated portion of said alley be conveyed to the petitioner, present- ed and read, Councilman Welu moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. 1'~6 regular Session, April 4th, 1955 Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Petition of John P. Lippert and others requc~ting that curb and gutter be put in on Kaufman Ave- nue Extension providing the sewer and gas lines are put into the property line of oath lot first, pre- sented and read. Councilman Austin moved that a plat and schedule be prepared cov- ering the request providing that proper arrangements are made cov- ering public utilities. Seconded by Councilman Schueller. Carried by the following vote: Yeas--Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Couniclman Kolb. Petition of Elmer F. Christ re- questing arefund in the amount of $25,00 on the unexpired portion of his Cigarette Permit No. 259, as he has disconinued business on March 30, 1955, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in favor of Elmer F. Christ to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 259. Seconded by Councilman Austin. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, Petition of Mrs. Earl E. Mac• Donald requesting a refund in the amount of $25,00 on the unexpired portion of her Cigarette Permit No, 267, as she has discontinued busi- ness on March 31, 1955, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in favor of Mrs. Earl E, MacDonald to cover the amount of refund granted on the unexpired portion of her Cigarette Permit No. 267. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Nlayor Kintzinger, Council• men Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Petition of Mrs. Florence M, Mil- ler requesting a refund in the amount of $25,00 on the unexpired portion of her Cigarette Permit No. 95, as she has discontinued business on March 31, 1955, pre- sented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25,00 in favor of Mrs. Florence M. Miller to cover the amount of refund granted on the unexpired portion of her Cigarette Permit No. 95. Seconded by Councilman Austin, Carried by the following vote: Yeas--layor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman I{olb. Petition of Mrs. Florence Miller requesting a refund in the amount of $50.00 on the unexpired portion of her Class "B" Beer Permit No. 83, as she has discontinued busi- ness on Nlarch 31, 1955, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war• rant in the amount of $50.00 in favor of Mrs. Florence Miller to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No, 83. Sec- onded by Councilman Austin Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Carl M, LuGrain re• questing a refund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No, 312, as he has discontinued the sale of cigarettes on March 31, 1955, pre- sented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25,00 in favor of Carl M, LuGrain to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No, 312. Seconded by Councilman Schueller. Carried by the following vote: T Regular Session, April 4th, 1955 177 Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays---None. Absent-Councilman Kalb, Petition of Eugene Dull request- ing arefund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No, 314, as he has discontinued business on March 30, 1955, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in favor of Eugene Dull to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 314, Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Petition of Eugene Dull request- ing arefund in the amount of $150.00 on the unexpired portion of his Class "B" Beer Permit, as he has discontinued business on March 30, 1955, presented and read, Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $150.00 in favor of Eugene Dull to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 138, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb, Petition of Arthur Radetzki re- questing arefund in the amount of $25,00 on the unexpired portion of his Cigarette Permit No, 265, as he has discontinued business on March 31, 1955, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in favor of Arthur Radetzki to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 265. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Petition of Joseph J. Imhof re- questing arefund in the amount of $25,00 on the unexpired portion of his Cigarette Permit No, 319, as he has discontinued business on March 31,1955, presented and read, Councilman Schueller moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in Favor of Joseph J, Imhof to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 319, Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb. Petition of Joseph J. Imhof re- questing arefund in the amount of $150,00 on the unexpired portion of his Class "B" Beer Permit No, 150, as he has discontinued busi- ness on March 31, 1955, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $150,00 in favor of Joseph J. Imhof to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 150. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None, Absent-Councilman Kalb. Petition of William L. Beau- champ requesting a refund in the amount of $25,00 on the unexpired portion of his Cigarette Permit No, 263, as she has discontinued business on March 31, 1955, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25,00 in favor of William L. Beauchamp to cover the amount of refund grant- ed on the unexpired portion of his Cigarette Permit No, 263. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Council Proceedings for the months of July, August and Sep- 178 Regular Session, April 4th, 1955 tember, 1954 presented for ap• proval. Councilman Welu moved that the Council Proceedings for the months of July, August and Sep- tember, 1954 be approved as print- ed, Seconded by Councilman Aus- tin, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE NA. 20-55 An Ordinance vacating the ease- ment for public utilities between Lots 13 and 14 in Mississippi Heights Subdivision No. 2, present- ed and read, Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Councilman Welu 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 Kintzinger, Council• men Austin, Schueller, Welu, Nays-None. Absent Councilman Kolb, Ordinance No. 20.55 An Ordinance Vacating the Easement for Puhlio Utilities between Lots 13 and 14 in Mississippi Heights Subdivision No. 2. Ee It Ordained By The Ci±y Coun- cil of the City of Dubuque, as follows: Section 1. That the easement for public utiltHes extending Pour feet (4') on each side of the line separat- ing Lots 13 and 14 in Mississippi Heights Subdivision No. 2 be and the same is heraby vacated; Suction 2. That the City Clerk be and he is hereby ordered and directed to fiie a certified copy of this Ordin- ance with the County Recorder of Du- buque County, Iowa. Section 3. This Ordinance shall be full force and effect from and after its final passage, adoption and pub- ]ication as by la.w provided. Introduced the 4th day of April, 1955. Rule requiring reading on three seporate daYS suspended by unani- mous vote the 4th day of April, 185b. Passed, adopted and approved this 4th dar of April, 1955. CHARLES A. I{INTZTN(:FR mayor CLARENCE~ P. WELU RUBEN V. AITSTUQ LEO N. SCHUELLER Councilmen Attest; J. J. Shea City Cleric. Published officially in The Tele- graph-Herald newspaper this 11th day of April, 1955. J. J. SHEA City Clerk lt. 4-11 Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb, March 31, 1955 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Wibh regard to the communication of the Military Or- der of the Purple Heart requesting permisison to solicit contributions through the use of a firearms ex• hibit, you are advised that under the provisions of Chapter 122 of the Code of Iowa, it is illegal for any organiaztton or institution to solicvt public donations in Iowa unless it has first obtained a per- mit therefor from the Secretary of State. I have been advised by the Sec• retary of State that no such per- mit has issued to the Military Or- der of the Purple Heart, This Chapter does not apply to organizations that have a local Chapter within the County where the funds are being solicited, but I am unable to learn of any local Chapter of this organization in Du- buque County, I therefore recommend that the request be denied, A cagy of this letter is being forwarded to the originator of the request, Sincerely, T. H, NEL~'ON Councilman Welu moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None, AbsentCouncilman Kolb. March 29, 1955 Hon. Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen; This is to advise you that I have entered into a settle- ment agreement on behalf of the City of Dubuque, in the case of Rose Fleutsch, as plaintiff vs. the City of Dubuque, Iowa, defendant, This was an action pending in the District Court for Dubuque County in which bhe plaintiff demanded T Regular Session, April 4th, 1955 179 $12,200 damages as the result of a claimed fall on the sidewalk on the southeast corner of Ninth and Main Streets, January 29, 1954, The plaintiff, a woman 76 years of age sustained a fractured left patella, contusions of the forehead and eye, as a result of her fall, and may have had some slight perman• ent disability, in addition to her medical and hospital expenses and loss of time, Under the terms of the agree- ment the plaintiff has dismissed her action, with prejudice, at plain- tiff's costs and the City of Dubuque has agreed to pay $500, and the National Tea Company and Adams Realty Corporation have each agreed to pay $250,00, I recommend that the terms of this settlement be approved and that the Audtior be instructed to issue a warnant in the amount of $500,•payable to Rose Fleutsch and O'Connor, Thomas, McDermott & Wright, her attorneys, and deliver the same upon receipt of a proper- ly executed release, Sincerely, T. H, NELSON Councilman We1u moved that the recommendation of City Solicitor Nelson be approved and the City Auditor instructed to draw a war- rant in the amount of $600,00 pay- able to Rose Fleutsch and O'Con- nor, Thomas, McDermott & Wright, her attorneys, as settlement in full of claim, and that said war- rant be delivered upon receipt by the City of Dubuque of a properly executed release, Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. April 4, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; This is to advise that I have approved the following bonds and policy and desire to have your approval on same for filing, subject to the approval of the City Solicitor: WEATING Ace Plumbing and Heating Co:, (Robert G. Steichen) Western Sure- ty Company, SIDEWALK Willy Construction Company, The Fidelity and Casualty . Co, Heitzman Construction Company, The Fidelity and Casualty Co. Raphael H, Strub, Western Sure- ty Company, BLASTING Dubuque Excavating Company, Policy No. CL 829776, Bituminous Casualty Corporation, Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Welu moved that the Bonds and Policy be placed on file subject to the approval of the City Solicitor, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb, March 30, 19b5 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Due to a difference in unit calculations, the following lots were assessed for a portion of curb 'and gutter which was not abutting the lots, I recommend that the following portions of the. as- sessment against these lots be paid. from the Street Construction Fund instead of reassessing the rest of the property on this project, Lot 8 of Strubs Sob.-$52,57. Lot 2.1.12 of Highland Park Ad• dition-$49,07. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved and the City Treasurer and City Auditor instructed accordingly, seconded by Councilman Welu. Carried uy the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu,; Nays-None. Absent-Councilman Kolb, April 1, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise you that the improvement of an 3" Sanitary Sewer in St. Ambrose Street, pursuant to Ordinance No, 7-53 by Albert H. Beitzel, under 180 Regular Session, April 4th, 1955 construction by the Coyle Construc- tion Company has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work, Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Schueller moved that the recommendation of City Man- ager be approved. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 10455 Resolution Accepting Sanitary Sewer Construction, from the pres- ent sanitary sewer in Sunnyview Drive south for a distance of ap- proximately 300 feet on St, Arlr- brose 'Street, Pursuant to Ordi- nance No. 7-53'~by Albert H. Beitzel. Whereas under the provisions of Ordinance No. 7.53 Albert H. Beit• zel has constructed a Sanitary Sew- er in St, Ambrose Street, and, Whereas the City Engineer has inspected the same and the City Manager has recommended its ac- ceptance; and Whereas the permfttee under said Ordinance has filed with the City Council a Certified Statement showing that all amounts paid out by it in connection with the Con- struction of said Sewer, including engineering fees, amount to $1,173,- 94. Now Therefore, Be It Resolved by the City Council of the City of Dn~buque: Section 1: That said sewer is hereby accepted by the City of Du- buque and that the same be here- after apublic Sewer corder the ex- clusive Charge and control of the City of Dubuque; Section 2. That the acceptance of said Sewer by the City of Du- buque and the establishment of the same as a public Sewer shall not be construed to relieve Albert H. Beitzel, or his Contractor, Coyle Construction Ca, or his bondsmen, from their obligation, or the obliga- tion of any one of them, to keep said Sewer in good repair for a period of not less than two (2) years from the date of this resolu- tion, as provided in Ordinance No. 7-53, Section 3, That hereafter any person or persons desiring to Con- nect with said Sewer, excepting Al- bert H. Beitzel, shall first apply to the City Manager for permission so to do and such permission shall be gl•arrted upon condition that the applicant shall pay to the City Treasurer for the account of Albert H. Beitzel a Connection Charge in the amount of $4.01 per front foot of land to be served by said Con- nection. However, nothing in this resolution shall be construed to ex- act any charge far any extension of said Sewer made by the City of Dubuque, or its permittees, Passed, adopted and approved this 4th day of April, 1955, CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN LEO N,SCHUELLER Councilmen Attost: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Ko)Ib, April' 4, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: It has been browght to my atten- tion through inspection of estab- lishments handling food, that meat which has not been properly proc- essed is being sold Eby some local outlets. Under present laws, meat that is sold locally requires no inspection. It is my opinion that all meat prod- ucts sold within the City of Du- buque be inspected either by a federal inspector or by the city. I recommend that an ordinance be prepared after a thorough study of this problem so than the Council can take action at the earliest pos- sible date, Respectfully submitted, L. J, SCHILTZ, "City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved and that an ordinance be prepared in its preliminary stage for Council stu- T Regular Session, April 4th, 1955 181 dy and consideration. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent--aCouncilman KoPb. April 1, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: 'I am attaching herewith the Plumbing Code that has been draft- ed and which, in my opinion, comes as close as possible to meeting the objections of any interested groups. These interested groups have been sent a copy of this proposed ordinance and have .been notified that the Council will take action on it at the April 4th meeting. I recommend that the council adopt the attached ordinance as it will in my opinion, help the city to do a better job of enforcement for the health and welfare of the peo- ple of Dubuque. Respectfully submitted, L. J, SCHILTZ, 'City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded Eby Mayor Kintzinger. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-:None. Absent-rCouncilman Kolb, ORDINANCE N0.21.55 An Ordinance prescribing regu- lations for the installing in build- ings of pipes, fixtures and other apparatus for bringing in the water supply and removing .liquid and water carried wastes, in the City of Dubuque, and the issuance of permits therefor; to provide for the inspection of such plumbing and house drainage systems and for. the enforcement of such rules and regulations, and to prescribe pen- alties for the violation thereof; to create a board of examiners of plumbers, providing for examina- tion and licensing of plumbers, fix- ing afee for licenses and prescrib- ing apenalty for doing plumbing work or engaging in the plumbing business without a license, and to repeal Ordinance No, 107, Ordi- nance No. 107, Ordinance No, 8.33 and Ordinance No. 4.33 Plumbers Sections 1, 2, 3 and 4, presented and read. Councilman Welu moved that the reading just had be consid- ered the first reading of the ordi- nance, Seconded by Councilman Schueller. Carried by the follow- ingvote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays--None. Absent-Councilman Kolb, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Council- man Schueller. Carried by the fol- lowing vote; Yeas-Mayor Kintzinger, Coun• cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb, ,, ORDINANCE N0. 21.55 I' AN ORDINANCE prescribing regu- lations for the installing in buildings of pipes, fixtures and other apparatus for bringing in the water supply and removing Liquid and water c a r r i e d wastes, in the City of Dubuque, and the issuance of permits therefor; to provide for the inspection of sue h plumbing and house drainage systems and for the enforcement of such rules and regulations, and to prescribe penalties for the violation thereof; to create a board of examiners of plumbers, providing for examination and ]icensing of plumbers, fix- ing a fee for licenses and prescrib- ing a penalty for doing plumb- ing work or engaging in the plumb- ing business without a license, and to repeal Ordinance No. 10i, Ordinance No. 8-33 and Ordinance No. 4-33 Plumbers Sections 1,2, 3 and 4. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: PART I ADMINISTRATION Section 1. Division of Plumbing In- spection: The division of plumbing inspection is hereby established in the building department to enforce the laws and ordinances governing plumbing, and shall be composed of a chief plumbing inspector, plumb- ers' examining board and such as- sistant p]umbing inspectors as the City Manager shall appoint. Section 2. Duties and Qualifications of Plumbing Inspectors: The chief plumbing inspector and the assistant plumbing inspectors shall have such duties and responsibilities as may be prescribed by the City Manager. A plumbing inspector must hold a li- cense as a journeyman or master plumber and have at least five (5) years experience as a journeyman plumber. Section 3. Board of examiners: The City Manager shall with the consent and approval of the City Council, appoint a board of examiners consisting of three members one of whom shall hold a license as jour- neyman plumber of at least five years experience, one a member of the lo- cal board of health, and one a mas- ter plumber who has engaged in the plumbing business as a master plumb- er for at ]east five (5) years in this city. 1$2 Regular Session, April 4th, 1955 Section 4. Term of Offica: Mem- bers of the board of examiners shall serve for a period of three years, or until their successors are. duly ap- pointed and qualified, Should a vacancy in the board oc- Cur it shall be the duty of the chief plumbing inspector to notify t h e City Manager of such vacancy .and the City Manager with the consent and approval of the City Council, shall immediately appoint a new mem- ber of the board to Pill the unexpired term. Section 5. Compensation of Examin- ing Board: The compensation which shall be paid to the members of the Plumbing Board shall be five dollars ($5.00) per meeting, but in no case shall the compensation exceed. pay for twelve meetings per year. The Council shall provide suitable rooms in which said Board of Examiners may hold its meetings and shall provide said Board with all the necessary and incidental equipment and facili. ties far holding the examinations and pay the expense thereof. Section 6. Quorum: Two members of said board of examiners shall con- stitute aquorum for the transacting of all business, but any action talten by said board shall require a major- ity vote of all members of said beard. Section 7 Clerk of Board; The Chief plumbing inspector shall act as the clerk of said board and it shall be his duty to keep a record of the meetings of said board and to regis- ter the names and residences of all persons examined by said board, the result of the examination and the kind of license issued to each, if any, and the date thereof, and as- sist the board in preparing, conduct- ing and grading examinations, and maintain a roster of all apprentices with the board. Section S. Powers and Duties: The examining board of plumbers shall meet at least once every three months. They shall also meet whenever the board of health or th_e City Man- ager shall, in writing, request them. to do so. Such board shall examine: all persons applying for licenses as'! journeyman plumbers or master plumbers to determine their fitness and qualifications as journeyman plumbers pr master plumbers and shall issue licenses to all per- sons who shall have passed a Satisfactory examination before such board and shall be determined to be muaslter phimbers.neyman plumbers or Section 9. Qualifications of Journey- man Plumber: A Journeyman plumber must be able to read blue prints, do simple mathematical problems, and must know the city plumbing ordi- nances and the rules and regulations of the local pr state boards of health governing plumbing. He shall pass a satisfactory examination showing that he has the above qualifications and is capable of performing practi- cal plumbing and is entitled to a li- cense as a journeyman plumber. Seetfag lp, QualiYlcation of a Mas. ter Plumber: tl master plumber shall have a general practical Inowledge of the purpose and method of t h e construction oP plumbing work, be competent to plan and supervise the installation of plumbing and shall be required to have some knowledge of mechanical drawing and pass a sat. isfactory examination showing he has the above qualifications and is entitled to a license as a master plumber. Section il. License: Any person desiring to be examined for a ii• tense as a journeyman plumber or master plumber, as determined in this ordinance, by the board of ex- aminers shall make application there- fore to the board of examiners on blanks furnished by the board, s et- ting forth information necessary to establish his qualifications as such, and each application shall be ac- companied by a receipt from the City Treasurer for the examination Yee of ten dollars ($10.00), for ex- amination for a master plumber, and five dollars ($5.00), for examination for a journeyman plumber. Section 12. Any person currently li- censed as a journeyman plumber by the City of Dubuque shall be entitled to a license as such without examin- ation upon application therefor to the examining board within four months from the date hereof. Any person currently licensed as a master plumb- er by the City of Dubuque shall be entitled to a license as such without examination upon application there for to the examining board within four months from the date hereof. Section 12A Whenever any firm or corporation shall establish to the sat- isfaction of the City Council that it has had in its employ for more than one year a Ptill time maintenance crew whose work is devoted exclu- sively to the repair and maintenance of the buildings and equipment of said firm or corporation, including plumbing repair, the City Council may, in its discretion, issue a re- stricted plumber's license authoriz- ing the person in direct supervision of such maintenance crew to make minor installations subject to t h e provisions of Section 20 hereof, in said buildings so long as the permit- tae remains in direct supervisimt of such maintenance crew and con- forms to the provisions of this or_ dinance. Section 13. Renewals: Licenses may be renewed annually upon presenta- tion of the treasurer's receipt for the renewal fee on or before January 31 of each year commencing with Janu- ary 31 of the year following the year in which the license was first issued, The date of such renews] shall be endorsed on the license, In the event the holder of any such license shall fail to renew the same in the manner herein provided, the license shall ex- pire and a new one shall not issue except in compliance with Section 11 hereof. The annual renewal fee shall be two dollars ($2.00) for master plumber and one dollar ($lA0) for journeyman plumber. Section 14. In addition to the pen- alties hereinafter provided, when any holder of a license issued under the provisions of this ordinance shall havo been convicted of more than one violation of the provisions hereof, the board of examiners may, lit its dis- cretion, revoke such license, where- upon the holder shall on receipt of written notice of such revocation, sur- render such license. In the event any person shall feel aggrieved by the action of the board in revoking his license, he may appeal from snob ac- tion to the City Council by filing writ. ten notice of his appeal within ten days from the date of mailing oT such no- tice. The council shall give five days written notice of the date and time of hearing to the appealing party, examining board and the chief in- spoctor, Upon hearing, the City Coun- cil may affirm, modify or overrule the action of the board. Section 15. Master Plumber's Li- cense, That except for the work de- T Regular Session, April 4th, 1955 1gS scribed in Section 21, no person, firm or corporation shall engage in the in- stalling in buildings of pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water carried wastes in the City of Dubuque, without first having ob- tained aplumber's license or is work- ing under the, direct supervision of a master phtmbor. Section 16. Employment of Licens- ed Plumber; That no person; firm or corporation shall employ any per- son to engage in the art of install- ing in buildings the pipes, fixtures, and other apparatus for bringing iu the water supply and removing liquid and water carried wastes, except for the work described in Section 22, in or for any building in the City of Dubuque, unless such person has ob- tained aplumber's license or is work- ing under the direct supervision of a master plumber, Section 17. Master Plumber: Shall include any person, firm or corpora- tion engaged in the business of plumbing, other than as a journey- man plumber, actually engaged in the instalation of plumbing, and who emp~oys other licensed plumbers or apprentices, and who is skilled in the planning, superintending and Practical installation of plumbing and familiar with the laws rules and regulations governing the same, Section 18. Apprentice: The term "apprentice" shall include any person tvho does not hold a license as a journeyman plumber or m a s t e r plumber and is assisting in the in- stallation, alteration or repair of plumbing. Section 19. Apprentice: No master plumber shall hire or employ, or have in his employ, any apprentice who is not registered with the examining board as such, and at no time shall any apprenttce perform any plumbing work unless he is actually in the presence of and with a liconsed plumber. Evory person who desires to perform the work oY an apprentice plumber shall register his name as an apprentice, with the examining board at the time of entering on such em- ployment, and on or before the first day of February of each year, there- after so long as such employment shall continue. SFCtion 20. Plumbing Permit: That no person, firm or corporation shall begin installing pipes, Pixtures, or oth- er apparatus for bringing in thr, water supply or removing liquid and water carried wastes in any building in the City of Dubuque except as provided in Section 21 unless a permit for snot, wont has been issued by the division of plumbing inspection. Section 21. Application for Permit: Any licensed plumber desiring a plumbing permit shall file with the division of plumbing inspection an ap- plication in writing for such per- m1t stating therein the street and house number, with the owner 's name, the name of the licensed plumber, specifying the work to be done and that such work will be done in accordance vvith the ordi- nances of the City of Dubuque, and rules and regulations of the local and state boards of health. Section 22. When Permits are Not Required: Permits will not be re- quired far the removal of stoppage in soil or waste pipes or for replacing broken fixtures, or tanks, or faucets, or repairing leaks in waste pipes or water pipes or tanks, but when repairs are made, only fixtures shall be used to replace brolten fixtures as shall conform to the provisions herein pre- scribed, Traps not previously vented when repaired shall be finished with an approved antisyphon trap. Noth- ing herein shall, however, be con- strued to permit excavating in the streets or other public places in the City of Dubuque, without first hav- ing obtained a permit and paying the Pee therefor. Section 23. Permits Issued: Upon tho approval of the application pro- vided for in Section 21 hereof, the division of plumbing inspection shall issue a permit to the person apply- ing therefor, stating the name of the owner of the property, the name of the licensed plumber to whom the permit is issued, and the street and house number, and the work author- ized to be done thereunder, No per- mit shall be issued for additional plumbing work in any building where the plumbing is found defective or has been installed or is being main- tained contrary to the provisions of the City plumbing ordinances, or the rules and regulations of the local or state hoards of health, unless such plumbing is to be corrected, and the permit is taken out to cover the cor- rection of such work. Section 24. Permit Fees: There shall be charged for the inspection of all plumbing work, either new, replaced or reconstructed, a permit fees as follows: For the first four fixtures or fixture openings.......$2.00 ea. For each additional fixture or fix- ture opening,,,,,, $1.D0 Each garage wash rack, settling basin, oil separator, blow off basin, sewage ejector or similar equipment shall be considered as a fixture. For each bar, soda fountain, refrig- eragor, air conditioning unit or simil- ar equipment requiring indirect con- nections to the sewer, each opening shall be considered as a fixture, and the fee for each such waste opening shall be , ..... ,$1.00 For each domestic hot water stor- age tank or range boiler......,$1.D0 For each domestic hot water storage tank or range boiler including furnace coils and electric heating apparatus $1.00 For each water softner, or similar device connected to the water sup- ply.......$2 00 For the reinspection of any work found defective or installed contra- ry to the requirements governing the installation of plumbing.... , , ,$b.00 All such fees shall be paid to the City Treasurer cvho shall issue his re- ceipt therefor, and such receipt shall be presented to the City plumbing inspector before any permits are is- sued to any person applying therefor, Section 26. New Permit Required: When a permit had been issued for plumbing work, in no case shall ad- ditional wont be put in or additional fixtures set without the approval of the chief plumbing inspector, and a new permit shall be obtained for all such additional work or fixtures. Section 26. Destroying Certificate or Notice: It shade be unlawful for any person, or persons, tc willfully mutil- ate, deface, remove or destroy a n y certificate or notice placed upon the plumbing work of any building by a city plumbing inspector. Section 27. Inspection of Work; When a permit has been issued for plumbing work, the construction of such plumbing shall be subject to tho inspection of the division of plumbing inspection at all times and the chief plumbing inspector may revolts such permit at any time when the work is not being done fn ac. cordance with the ordinances of the 184 regular Session, Apri14t1o, 1955 city, or the rules and regulations of the local or state boards of health; and it shall be unlawful for any p e r- son to proceed further with said work without the written consent of the chief plumbing inspector. Section 28. Access to Buildings: In- spectors shall have access to all build[ngs for the purpose of examin- ing and carrying into effect the pro- visions of the plumbing ordinances of the city of Dubuque, or the rules and regulations of the local or state boards of health. Section 29. Request for Inspection: That any person, firm or corporation doing plumbing work in the city of Dubuque shall, when work has been prepared for inspection, as provided for in this ordinance, notify the plumb- ing inspector that inspection rs re- quired, giving location of the premis- es, and the time that work will be ready for inspection, and if, upon in- spection, the plumbing inspector finds the work not in accordance with the provisions of this ordinance, he shall notify the plumber doing the work or the owner of the premises, by written letter or by posting written notices upon the premises, and such letter or such posting shall be al] the notice required to be given of the defects in the work found upon in- spection and such defects shall be corrected within three (3) days aft- er notice ie given, Section 30. Covering or Using Be- fore Inspection: Prohibited: It shall be the duty of the plumber Installing the work to see that no plumbing is covered or used until such work has been inspected and approved by the plumbing inspector. Section 31. Variations from the Requirements of This Ordinance: When it is impossible or impractical to install plumbing in strict accord- ance with the plumbing ordinances or the rules and regulations of the local or state boards of health, upon proper application, variations, which, in the opinion of the state depart- ment of health, are safe, will be permitted, and a special permit noting the variations will be issued and the fee for such installations shall be double the amount set out in Section 23 hereof. Section 32. Liability for Damages. None of the provisions of this ordi- nance shall be construed to relieve or lessen the liabllity of any person, firm or corporation owning, operat- ing, controlling, installing, or repair- ing, any plumbing work or equip- ment, where damages to any person or property are caused by any neg. ligence or defects in the operation or installation thereof. Nor shall the City oP Dubuque, or any of its in- spectors be held as assuming any such liability by reason of the in- spection authorized herein or the certificates or licenses issued. Section 33. The definitions of terms set out in the State Plumbing Code are hereby adopted as the definitions of the terms used in this ordinance and all plumbing hereafter done in the City of Dubuque shall be done in accordance with the State Plumb- ing Cade except as follows: (a) Concrete pipe shall not be used to carry sewage except in main sewers. (b) All joints in vitrified clay pipe shall be made of an approved plastic. (c) No storm water drains or cis- tern overflow pipes shall be con- nected either directly or indirectly to a sanitary sewer. (d) A Main shut-off on the water supply hne shall be approximately one foot inside the curb line if there is a curb, otherwise, it shall be in the platted street close to the prop- erty line. An accessible shut-off shall be provided just inside the Foundation wall and at the outlet side of the water meter, for the main supply line, for each sill cock and, in buildings over three stories in height, for each riser line. (e) Where cast iron soil pipe is used within the building, it shall be of a grade not less than "extra- Heavy." (f) The use of asbestos cement pipe or bituminous Fibre pipe for house sewers shall not be permitted. (g) The use of aluminum pipe and fittings ehall not be permitted. Section 34. Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in a sum not to exceed one hundred dollars ($100.00) or be imprisoned in the city jail not to exceed thirty (30) days. PART II LEGISLATIVE Section 1. Repeal: Ordinance No, 107, Ordinance No. 8-33 and Ordi- ^ance No, 4-33 Plumbers Sections 1, 2, 3 and 4 are hereby repealed. Section 2. Savings Clause; If any section, subsection, sentence, clause or phrase of this ordinance, for any reason, is held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portions of this ordinance, The Clty Council of the City of Dubuque, here- by declares that it would have passed this ordinance and each sectien, sub- section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses or phrases may be declared unconstitutional or invalid. Section 3. Effective Date: This ordinance shall be in full force and effect from and after April 15th, 1956, and after its passage and after pub. Iication as provided by law, Passed, adopted and approved this 4th day of April, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. Shea, City Clerk Published offictally in The Tele- graph-Herald newspaper this 15th day oP Agril, 1955. It Apr.15 City Clerk J, J. SHEA, Councilman Welu moved the adoption Hof the ordinance. Second- ed by Councilman Sehueller. Car- ried by the following vote: Yeas-Nlayor Kintzinger, Coun- cilmen Austin, Sehueller, Welu. Nays-None. Absent-»Councilman Ko)Ib. RESOLUTION N0. 105.55 Whereas North Central Public Service Co. has been serving nat- ural gas in the City of Dubuque, State of Iowa, since November, 1954, at rates under Ordinance No, 51.54 of the Citq of Dubuque, sub- stamtially lower than the prior T Regular Session, April 4th, 1955 185.: rates for manufactured gas under the City Council of the City of Du- Ordinance No, 32.54 of said City; buque, Iowa, this 4th day of April, and A.D. 1Vhereas North Central Public Service Co. has now proposed that the City Council of Dubuque revise said Ordinance No, 51.54 by in- creasing the rates to be charged for gas in order that said utility may reduce in part the losses being suf- fered because of the contract de- mand of North Central Public Serv- ice Co, is greatly in excess of its peak day requirements; and Whereas North Central Public Service Company has, on March 21, 1955, filed before the Federal Pow- er Commission in "The Matter of North Central Public Service Co", its petition for emergency relief requesting a hearing and order re- ducing its contract demand for Du- buque, Iowa from 10,000 MCF to 5,000 MCF; and Whereas it is in the best inter- ests of the economic and social welfare of the City of Dubuque, Iowa, and its citizens that a finan- cially sound, modernly equipped and efficiently operated public gas utility Abe maintained in said City; and Whereas the City Council of Du- buque is desirous that North Cen- tral Public Service ~Co. maintain its financial stability in order that it may render adequate service at the lowest possible rates to the citizens of Dubuque; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: That the Federal Power Commis- sion Abe urged to give prompt at- tention to the Petition for Emer- gency Relief of North Central Pub- lic Service Co„ and after a hear- ing on the issues presented, to grant the relief requested by re- ducing the contract demand of North Central Public Service Ca, at Dubuque, Iowa, in accordance with the present needs; Be It Further Resolved that the Mayor and City Clerk be directed to transmit a copy of this Resolu- tion to each of the members of the Federal Power Commission, Sena- tor Bourke B. Hickenlooper, Sena- tor Thomas E. Martin and Con• gressman Henry 0. Tolle, Passed, adopted and approved by CHARLES A, KINTZINGER Mayor CLARENCE P. WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest; J, J, SHEA, City Clerk Councilman Austin moved the adoption of the rosolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Sehueller, Welu. Nays-None. Absent-Councilman Kolb, RESOLUTION N0, 106.55 Resolution adopting and approving the execution of an acceptance of a grant offer from the United States of America to the City of Dubuque, Iowa for the purpose of obtaining federal aid in the de• velopment of the Dubuque Mu• nicipal Airport, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the City of Du- buque, Iewa shall, for the purpose of obtaining Federal Aid in the development of the Dubuque Mu- nicipal Airport, enter into a Grant.. Agreement with the United States of America 'by executing an accept- ance of a Grant Offer from the Administrator of Civil Aeronautics, acting for the United States of America, to the City of Dubuque, Iowa, and that such Grant Offer shall be as set forth hereinbefow under Section 4, Section 2. The City of Dubuque, Iowa does hereby ratify and adopt all statements, representations, warranties, covenants and agree- ments contained in the Project Ap- plication, which is incorporated by reference in the said Grant Agree- ment, Section 3, That the Airport Com- mission of the City of Dubuque, Iowa acting through its officer or officers designated by it to so act, is hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. Section 4. That the Grant Offer referred to hereinabove shall be a part of this Resolution, 186 Regular Session, April 4th, 1955 Passed, adopted and approved this 4th day of April, 1955, 'CHARL'ES A, KINTZRQGER Mayor CLARENCE P. WELU RIJ~BEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman .Austin moved the adoption of 'the resolufion. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kalb, RESOLUTION N0. 107.55 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a por- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on .behalf of said City. Vince Winders, 2319 Prince Street Mt. St. Bernard Seminary, Inc., Carter Road Mrs, Florence Young, 2038 Central Avenue James V, Walker and Marie Walk- er, 553 Eighth Avenue °Mrs, Glen McArdle, 3165 Central Avenue Erwin J. Hafeman, 2370 Rhomberg Avenue Mrs, Mary Husemann, 177 Main Street Robert L, Durkin, 435 Central Ave• nue Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 4th day of April, 1955. CHARLES A. KINTZIlQGER Mayor CLARENCE P. WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest: J, J. SHEA, City Clerle Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-,None. Absent-Councilman Kolb, RESOLUTION N0. 108.55 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 Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT James V. Walker and Marie Walk- er, 553 Eighth Avenue Vince Winders, 2319 Prince Street Mrs. Adele Ceske, 253 West 1st Street Mrs. Mary Husemann, 177 Main Street Gerald Herburger, 2987 Jackson Street Herbert Bis~ping, 1401 Elm Street Donald M. Love, 250 West 6th Street Robert L. Durkin, 435 Central Ave- nue Charles W. Krueger, 390 East 12th Street Dorance E. Cox, 2613 University Avenue Lester A, Foell, Sr., 1638 Central Avenue Clifford Steffen, 1103 Iowa Street Mrs. Marie Maas, 620 East 16th Street (Transfer of address from 700 East 16th Street) CLASS "C" PERMIT Tenenbom's Super Market, Inc,, 200 So. Locust Street William J, White, 1993 Asbury Road Passed, adopted and approved this 4th day of April, 1955. CHARLES A, KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIlV LEO N. SCHUELLER Councilmen Attest: J, J, SHEA, 'City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu, Carried ,by the Following vote: Yeas-Mayor Kintzinger, Coun- cilmenAustin, Schueller, Welu, Nays-None, Absent-Councilman Kolb. RESOLUTION NO. 109.55 Whereas, heretofore applications far Beer Permits were filed by the within named applicants and they T Regular Session, April 4th, 1955 1S7 have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com• ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicahts aBeer Permit. CLASS "B" PERMIT James V. Walker and Marie Walk- er, 553 Eight Avenue Vince Winders, 2319 Prince Street Mrs. Adele Geske, 253 West 1st Street Mrs. Mary Husemann, 177 Main Street Gerald Henburger, 2987 Jackson Street Herbert Bisping, 1401 Elm Street Donald M. Love, 250 West 6th Street Robert L, Durkin, 435 Central Ave- nue Charles W. Krueger, 390 East 12th 'Street Dorance E. Cox, 2613 University Avenue Lester A. Foell, Sr., 1638 Central Avenue Clifford Steffen, 1103 Iowa Street Mrs. Marie Maas, 620 East 16th Street (Transfer of address from 700 East 16th Street) CLASS "C" PERMIT Tenebom's Super Market, Inc., 200 So. Locust Street William J, White, 1993 Asbury Road Be It Further Resolved that the bonds filed by such a~ppl'icants be and the same are hereby approved. Passed, adopted and approved this 4th day of April, 1955. 'CHARLES A. KINTZRVGER Mayor ~CLARENCE P. WELU RUBEN V, AUS''1`IN LEO N. SCHUELLER Councilmen Attest; J. J. SHEA, City Clerk Councilman Welu moved the adoption 'of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, There being no further 'business Councilman Welu moved to ad- journ, Seconded ,by Councilman Schueller, Carried Eby the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent~Councilrnan Kolb. J. J. SHEA, City Clerk Approved .:..............................1955, Adopted ..................................1955, Councilmen ,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,, A#test : .............................................. City Clerk 188 Special Session, April 7th, 1955 i, ~~® ,~ - r\f ;~ ~r I , ~r i ~ i~ ~. }1 ,i 11 I i~'~, ~~~~-'~~~~ (OFFICIAL) Special Session, April 7th, 1955. Council met at 7:30 P.M. Present -Mayor Kintzinger, Councilmen Austin, Schueller, Welu. City Manager Schiltz. A'bsent~Councilman Kalb. Meeting called by order of May- or Kintzinger. Mayor Kintzinger read the call and stated that service thereof had 'been duly made and that this meet- ing is called for the purpose of can- vassing the vote cast at the Dock Bond Special Election held April 6th, 1955 and acting on any other business as may properly come be- fore aregular meeting of the City Council. Proof of publication, certified to by the publishers, of the Mayor's Proclamation of notice of special election to be held on April 6th, 1955 upon the proposition of issu- ing of said City in the amount of $2,000,000 for the purpose of con- structing works and improvements as authorized by Chapter 384 of the Code of Iowa, 1954, including the grading and filling of lands un- der the control of the Dock Board of said City, presented and read, Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas~Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. The vote cast at the Dock Bond Special Election held on April 6th, 1955 was then canvassed and showed the following results, Precinct Yes No, Total First 539 287 826 Second 664 282 946 Third 302 217 519 Fourth 284 111 395 Fifth 453. 238 691 Sixth 608 353 961 Seventh 278 101 379 Eighth 303 130 433 Ninth 243 137 380 Tenth 449 255 704 .Eleventh 310 229 539 Twelfth 349 225 574 Thirteenth 314 333 647 Fourteenth 423 413 836 Fifteenth 479 378 $57 Sixteenth 272 169 441 Total 6270 3858 10,128 RESOLUTION N0. 110.55 Resolution canvassing and de- cl~aring the results of election on dock bonds. Whereas, the City Council did heretofore at a regular meeting on March 7, 1955, call and order a spe- cial municipal election to be held in and for the City of Dubuque, Iowa, on April 6, 1955, and provid- ed for the su'~bmission thereat to the qualified electors of said City, to be by them voted upon, the fol- lowing proposition: Shall the City of Dubuque, Iowa, issue its bonds in the amount of $2,000,000 for the purpose of con- structing works and improvements as authorized by Chapter 384 of the Code of Iowa, 1954, including the grading and filling of lands under the control of the Dock Board of said -City? and Whereas, the election on said proposition was duly and legallq held and the returns thereof have been certified sand filed with this City Council and duly canvassed: Now, Therefore, Be It and It Is Hereby Resolved Eby the City Coun• cil of the City of Dubuque, Iowa, as follows: For, 6270; Against, 3858; Spoiled, None. Section 3, That all resolutions and orders or parts thereof in so far as same may ibe in conflict herewith are hereby repealed and this resolution shall become effee• five immediately. Passed and approved April 7, 1955, Recorded Apri18, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RU~BEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, RESOLUTION N0. 111.55 A Resolution authorising and pro• viding for the issuance and se• T Special Session, April 7th, 1955 189 curing the payment of .$1,500,000 Water Revenue Bonds, 1955 Series, of the City of Dubuque, Iowa, under the provisions of Section 397.10 et seq. of the Code of Iowa, for the purpose of defraying the cost of improve~ menu and extensions to the mu• nicipal waterworks in and for said City and providing far the collection, segregation and dis• tribution of the revenues of such municipal waterworks. Whereas, the City of Dubuque, in Dubuque County, Iowa, did here- tofore establish a municipal water- works in and far said City which has been continuously operated Eby said City for many years, and the management and control of said utility is vested in the City Coun- cil of said City and no board of trustees exists for this purpose; and Whereas, pursuant to a resolu- tion finally adopted Eby the City Council of said City on May 14, 1952, there have been heretofore issued Water Revenue Bonds, 1952 Series, of said City to the amount of $200,000, all of which are now outstanding, dated April 1, 1952, bearing interest at the rate of Two and one-half per cent (21/z%) per annum and maturing $50,000 on December 1 of each of the years 1955 to 1958, inclusive, and in and by said resolution the right was reserved to the City to from time to time authorize, issue and deliver under specified conditions addi- tional water revenue bonds rank- ing on a parity with the bonds thereby authorized; and Whereas, this Council has hereto- fore determined it advisable and necessary that the City of Dubuque, Iowa, improve and extend the mu- nicipal waterworks, bhe estimated cost of which improvements and extensions aggregates $1,500,000, and under the provisions of Sec• tion 397.10 et seq. of Chapter 397 of the Code of Iowa, said City is authorized to issue negotiable in- terest bearing revenue bonds for the purpose of defraying the cast of such improvements and exten- sions, which bonds are to be paid from the net earnings of such wa- terworks and secured by a pledge of the property to be acquired with the proceeds from the sale there- of; and Whereas, it is deemed advisable that there be authorized to be is- sued at this time additional water- works revenue bands of said City, as 'hereinafter provided, so that such additional bonds wlll rank on a parity with the bonds. now out- standing and a notice of the inten- tion of this Council to take action for the issuance of said additional $1,500,000 Water Revenue Bands, 1955 Series, of said City has here- tofore been duly published and no petition setting for the objections to such proposed action has been filed in theoffice of the City Clerk; Now, Therefore, Be It and It Is Hereby Resolved by the City Coun• cil 'of the City of Dubuque, Iowa, as follows: Section 1, That far 'the purpose of defraying the cost of improve- ments and extensions to the mu- nicipal waterworks as referred to in the preamlble hereof there be and there are hereby authorized to be issued the negotiable interest bearing revenue, bonds of said City of Dubuque, in the principal amount of $1,500,000, each of which shall be known and desig- nated as a "Water Revenue Bond, 1955 Series", bearing date of May 1, 1955, of hhe denomination of $1000 each and bearing interest at the rate of Two and three-eighths per cent (23/a%) per annum, pay- able December 1, 1955, and semi- annually thereafter on the first days of June and December of each year from the date of said bonds until the principal is paid, except as the provisions hereinafter sot forth with respect to prior redemp- tion maybe and become applicable. Said bonds shall be numbered can• secutively from 1 to 1500, inclu- sive, and shall mature in numerical order $150,000 on December 1, 1959, $75,000 on December 1 of each of the years 1960 and 1961, $80,000 on December 1 of each of the years 1962 to 1964, inclusive, $85,000 on December l of each of the years 1965 and 1966, $90,000 on December 1 of each of the years 1967 and 1968, $95,000 oh Decem- ber 1 of each of the years 1969 and 1970, $100,000 on December 1,1971, $105,000 on Decemiber 1 of each of bhe years 1972 'and 1973, and $110,000 on December 1, 1974; provided, however, that bonds num- bered 626 to 1500, inclusive, shall 150 Special Session, April 7th, 1955 be redeemable by said City prior bo maturity in whole, or from time to time in part in the inverse order of their numbering, on December 1, 1965, or on any interest payment date thereafter, upon terms. of par and accrued interest to the redemp- tion date, Notice of any such re- demption gas aforesaid, identifying the bond or bonds to be redeemed, shall ~be published at least once not less than thirty (30) days prior to such redemption date in a news- paper of general circulation throughout the State of Iowa. All of such 'bonds as to which said City reserves and exercises 1;he right of redemption .and as to which notice as aforesaid shall have been given and for the re- demption of which funds are duly provided, shall cease to hear inter- est on the redemption date, Bath principal and interest of said bonds shall .be payable in law- ful money of 'the United States of America at the office of the City Treasurer in and of the City of Du- buque, Iowa. All of said bonds and the interest thereon shall rank on a parity with the presently out• standing Water Revenue Bonds, 1952 -Series, referred to in the pre- amble hereof and with any addi- tional bonds which may hereafter be issued and outstanding from time to time on'a parity therewith and all of such bonds shall be pay- able solely from the bond and in- terest redemption sinking fund hereinafter referred to and shall be a valid cI~aim of the holder thereof only against said fund, and none of said bands shall ibe a gen- eral obligation of said City nor pay- able in any manner by taxation, and under no circumstances shall said City be in any manner liable by reason of the failure of the net earnings of the municipal water- works to be sufficient for the pay- metlit in whole or in part of said bonds and interest thereon, but said bonds, together with the pres- ently outstanding bonds referred to in the preamble hereof and such additional bonds as may be here- after issued on a parity therewith, shall be payable, both as to princi- pal and interest, solely and only from the future net earnings of said waterworks pledged therefor as hereinafter provided, Section 2. That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE. CITY OF DUBUQUE WATER REVENUE BOND 1955 SERIES Number,.....,,,.,. $1000 The City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises 'to pay to bearer, in the manner hereinafter specified, the sum of One Thousand Dollars ($1000) on the first day of December, 19..,..,,., with interest on said sum from date hereof at the rate of two and three-eighths per cent (2s/s%) per annum, payable December 1, 1955, and semi-annually thereafter on the first days of June and Decem- ber in each year utvtil said princi- pal sum is paid, except as the .pro- visions hereinafter set forth with respect to redemption may be and become applicable hereto, all such interest~as may accrue on and prior to the maturity of this bond to be paid on presentation and surren- der of the interest coupons hereto attached as they severally become due; bath principal and interest be• ing payable in lawful money of the United Sbates of America at the of- fice of theCity Treasurer in and of the City of Dubuque, Iowa, This bond and the series of which it is a part are issued by said City pursuant to the provi- sions of Section 397,10 et seq. of Chapter 397 of the Code of Iowa, 1954, and all other laws amenda- tory and supplemental thereto, and in conformity with a resolution of the City Council of said City duly passed on the 7th day of April 1955, This band is one of a series of bands of like tenor and date (ex- cept maturity), numbered from 1 to 1500, inclusive, issued for the purpose of defraying the cost of improving and extending the muni- cipal waterworks in and for said City and is not a general obliga- tion of said City, but this bond and the series of which it forms a part, together with other bonds heretofore issued and outstanding and any additional bonds as may be hereafter issued and outstanding i Special Session, April 7th, 1955 191 from time to time ranking on a parity therewith under the condi- tions set forth in the resolution authorizing said series as referred to in the preceding paragraph, are payable solely and only out of the future net earnings of said munici- pal waterworks, a sufficient por- tion of which is pledged for that purpose; and -said. improvements and extensions. acquired from the proceeds of this series of bonds are pledged to the payment of this bond and the series of which it is a part. This bond is not payable in any manner by taxation and un- der no circumstances shall the City of Dubuque be in any man- ner liable by reason of the failure of the said net earnings to be suf- ficient for the payment of this bond and the interest hereon, The City of Dubuque reserves the right to call and redeem bonds of this issue numbered fi26 to 1500, inclusive, prior to maturity in whole, or from time to time iri part in the inverse order of their num- bering, on December 1,1965, ar on any interest payment date there- after, upon terms of par and ac- crued interest to such redemption date. Notice of any such redemp- tion as aforesaid identifying the bond or bonds to be redeemed, shall be published at least once no less than thirty (30) days prior to such redemption date in a newspaper of general circulation throughout the State of Iowa. All of such bonds as to which said City reserves and ex- ercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear inter- est on the redemption date. And it is hereby certified, re- cited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part have existed, have hap- pened and have been performed in due time, form and manner, as required by law, and that the issu- ance of this bond does not exceed or violate any constitutional or sta- tutory limitation or provision. In Testimony Whereof, said City of Dubuque, by its City Council has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons here- to attached to be executed wibh the facsimile signature of the City Clerk, which official by the execu- tion of this bond does adopt as and for his own proper signature his facsimile signature appearing on said coupons, this first day of May, 1955, Mayor of the City of Dubuque, Iowa Attest; City Clerk of the City of Dubuque, Iowa (Form of Coupon) No ................... $.................. The Treasurer of the City of Du- buque, Iowa, will pay to bearer out of the future earnings of its municipal waterworks ,,,,,,,,,,,,,,,,,,,, Dollars ($ ................) on ,...,,.,,...,,..,... ............. 19....,....,.., at the office of the City Treasurer, Dubuque, Iowa, as provided in and for semi-annual interest then due on its Water Revenue Band, 1955 Series, dated May 1, 1955, No . ..................... .City Clerk There shall also be printed in bold face type across the face of each of said bonds the following provision: "This bond is not a general ob- ligation bond nor payable in any manner by taxation, but is pay able only from the net earnings of the municipal waterworks of the City of t)ubuque, Iowa." On the back of each bond there shall be printed the certificate of the City Treasurer in the following form: "The issuance of this bond has been duly and properly register• ed in my office as of trhe first day of Niay, 1955, Treasurer of the City of Dubuque, Iowa " Section 3. That said bonds shall be signed by the Mayor and at- tested by the City Clerk of said City, with the seal of the City affixed, and the interest coupons attached thereto shall be executed by said City Clerk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and far his own proper signa- 192 Special Session, April 7th, 1955 Special Session, April 7th, 1955 193 ture his facsimile signature appear- ing on such coupons. When and as executed said bonds shall be delivered to the City Treasurer to be by him duly registered as to issuance as provided by law, and said Treasurer shall sign the cer- tificate hereinbefore set out in Sec- tion 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser there- of, upon payment of the purchase price, same being at least par and accrued interest, and all action heretofore taken in connection with the sale and award of said bonds is hereby ratified and con- firmed in all respects, The pro- ceeds received by the sale of said bonds, exclusive of accrued inter- est, shall be applied to defraying the cast of improvements and ex- tensions to the municipal water- works of said City, Any unexpend- ed balance of the proceeds of the bonds hereby authorized remain- ing after the completion of the improvements and extensions shall, at the time of such completion, be converted into the "Water Revenue Sinking Fund," hereinafter provid- ed for, All accrued interest as may be received from the sale of the bonds hereby authorized shall be converted into said "Water Rev- enue Bond Sinking Fund." Section 4. That so long as any of said bonds or any other bonds ranking on a parity therewith are outstanding said municipal water- works shall continue to be operat- ed as a revenue producing under- taking. The rates charged by the City of Dubuque, Iowa, to custom- ers of the municipal waterworks, including the municipality, shall be such reasonable rates within the following maximum rates as will be sufficient to pay for the opera- tion and maintenance of said plant and system, the principal of and interest on the presently outstand- ing bonds referred to in the pre- amble hereof and the principal of and interest on the bonds herein authorized. The maximum monthly rates that need be charged for services rendered by said water- works are hereby determined to be as follows: (a) Water rates for users within the City of Dubuque, Iowa, whose meters are read quarterly: First 3,000 cubic feet per quarter at $.72 per hundred cubic feet. Next 3,000 cubic feet per quarter at $.60 per hundred cubic feet. Next 3,000 cubic feet per quarter at $,50 per hundred cubic feet, Next 36,000 cubic feet per quar- ter at $,40 per hundred cubic feet. Next 105,000 cubic feet per quar- ter at $,36 per hundred cubic feet. Next 150,000 cubic feet per quar- ter at $,32 per hundred cubic feet, Balance at $.21 per hundred cu- bic feet. The minimum quarterly charge according to size of meters shall be as follows: 5/a" $6,48 allowance 900 cu, ft. '/4" $10,00 allowance 1300 cu, ft. 1" $13,50 allowance 1800 cu, ft. 1~/4" $16.00 allowance 2200 cu. ft. lr/z" $20,00 allowance 27 cu. ft. 2" $24,00 allowance 3400 cu, ft. (b) Water rates for users within the City of Dubuque, Iowa, whose meters are read monthly: First 1,000 cubic feet per month at $.72 per hundred cubic feet. Next 1,000 cubic feet per month at $.60 per hundred cubic feet. Next 1,000 cubic feet per month at $.50 per hundred cubic feet. Next 12,000 cubic feet per month at $.40 per hundred cubic feet. Next 35,000 cubic feet per month at $.36 per hundred cubic feet. Next 50,000 cubic feet per month at $.32 per hundred cubic feet. Balance at $.21 per hundred cu- bic feet. The minimum monthly charge according to size of meters shall be as follows: ~/s" $2.16 allowance 300 cu. ft. 3/4" $3,34 allowance 400 cu, ft. 1" $4.50 allowance 600 cu, ft, 1'/4" $5.34 allowance 700 cu. ft. 1'/z" $6,66 allowance 900 cu, ft. 2" $8.00 allowance 1100 cu. ft. 3" $12,00 allowance 1800 cu. ft. 4" $16.00 allowance 2500 cu. ft. 6" $24.00 allowance 4400 cu. ft. 8" $32,00 allowance 6400 cu. ft. 10" $40,00 allowance 8400 cu. ft. (c) Water rates for water sup- plied by the City Water Depart- ment for residential, commercial, industrial and other uses and pur- poses by any person, firm or cor- poration outside the corporate limits of the City of Dubuque, Iowa, shall be 125% of the rates speci- fied above, (d) The yearly charge for fire sprinkler service supplied by the City Water Department within and without the corporate limits of the City of Dubuque shall be payable semiannually in advance as fol- lows; Minimum Annual Charge $75.00 per year. ` Up to 200 heads at $75.00 per year, 200 to 300 heads at $90,00 per year. 300 to 400 heads at $105.00 per year. 400 to 600 heads at $120,00 per year. 600 to 800 heads at $135.00 per year. 800 to 1000 heads at $150,00 per year. 1000 to 1200 heads at $165.00 per year. 1200 to 1400 heads at $180,00 per year. 1400 to 1600 heads at $195.00 per year. 1600 to 1800 heads at 210.00 per year. 1800 to 2000 heads at $225,00 per year. 2000 to 2200 heads at $240,00 per year. 2200 to 2400 heads at $255.00 per year. 2400 to 2600 heads at $270,00 per year. 2600 to 2800 heads at $285,00 per year. 2800 to 3000 heads at $300.00 per year. 3000 to 3500 heads at $315,00 per year. For each additional 500 heads or fraction thereof over 3500 heads at $15.00 per year, Sgctian 5. That the provisions, covenants, undertakings and stipu- lations for the operation of the municipal waterworks of said City and for the collection, application and use of the revenues and in- come from such operation, as set forth in the resolution adopted by the City Council of said City of May 14, 1952, and pursuant to which the outstanding Water Rev- enue Bonds, 1952 Series, of said City were issued shall inure and appertain to the bonds hereby au- thorized to the same extent and with like farce and effect as if herein set out in full, except only in so far as same may be inconsist- ent with this resolution. From and after the issuance of the bpgds hereby authorized the income and revenues of said municipal water- works shall be set aside into a separate and special fund and shall be used in maintaining and operat- ing said waterworks, and after pay- ment of the proper and necessary maintenance and operation expen- ses shall, to the extent hereinafter provided, be used to pay the prin• cipal of and the interest on the presently outstanding Water Rev- enue Bonds, 1952 Series, of said City, dated April 1, 1952, the prin• cipal of and the interest on the bonds herein authorized and the principal of and interest on any ad- ditional bonds ranking on a parity therewith as may be issued and outstanding under the restrictions and conditions specified in Section 9 hereof. The "Water Revenue Bond Sinking Fund" heretofore created shall continue to be maintained as long as any of the Water Revenue Bonds, 1952 Series, of said City, dated April 1, 1952, or the bonds herein authorized remain outstand- ing and there shall be set aside from the future net earnings of said municipal waterworks such portion thereof as will be sufficient to pay the interest upon and prin- cipal of said outstanding Water Revenue Bonds, 1952 Series, the bonds hereby authorized, and any additional bonds ranking on a par• ity therewith as may be issued and outstanding under the condi- tions and restrictions hereinafter set forth as the same become due and to provide a reasonable reserve therefor. The City of Dubuque hereby covenants and agrees that an addition to the sum of $50,836.89 now on deposit in said "Water Revenue Bond Sinking Fund" and commencing May i, 1955, there shall be set aside into said sink- ing fund from said net earnings during the periods of twelve months preceding December 1 of each year to pay the principal of and interest on said outstanding Water Revenue Bonds, 1952 Series, and the bands herein authorized to be issued and to provide a reserve therefor not less than $9000 each month until such time as all of said outstanding Water Revenue Bonds, 1952 Series, and the bonds herein authorized have been paid in full as to both principal and interest or funds sufficient for that purpose have been accumulated in 194 Special Session, April 7th, 1955 said Sinking Fund and set aside and pledged for that purpose. None of the funds hereinbefore required to be paid into said "Water Rev- enue Bond Sinking Fund" shall be used for the purpose of calling and redeeming bonds prior to ma- trurity. It and to whatever extent any additional bonds are hereafter issued by said City ranking on a parity with the outstanding bonds referred to in the preamble hereof and the bonds herein authorized to be issued as permitted and pro- vided for in Section 9 hereof, pro- vision shall be made for additional payments to be made each month into said Water Revenue Bond Sink- ing Fund from the net earnings of the waterworks sufficient to pay maturing installments of principal of and interest on said additional bonds and to accumulate and main- tain areasonable reserve therefor. Such payments into said Water Revenue Bond Sinking Fund shall be made in equal monthly install- ments on the first day of each month, except that when the first day of any month shall be a Sun- day or a legal holiday, then such payments shall be made on the next succeeding secular day. Such Water Revenue Bond Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying the interest on and prin- cipal of said bonds. If at any time there be a failure to pay into said fund the full amount above stipu- lated, then an amount equivalent to the deficiency shall be paid into said fiord from the net earnings of said municipal waterworks as soon as available and same shall be in addition to the amount other- wise required to be so set apart and paid into said fund. After paying operating and maintenance expenses and making the required payments into the Water Revenue Bond Sinking Fund as hereinbefore provided, out of the remaining net earnings of the waterworks which are not pledged for the payment of prin• cipal of and interest on additional bonds hereafter issued by the City for waterworks purposes or which are not used to call and redeem waterworks bonds prior to matur• ity, the sum of $5000,00 shall be set aside each month into a De- preciation Fund. All fends at any time on deposit in said Deprecia- tion Fund, Ail funds at any time on deposit in said Depreciation Fund may be expended from time to time to pay the cost of renewals and replacements to said water- works and any balances therein not required for such renewals and replacements may be expended to pay the cost of improvements and extensions to the waterworks, Any balance of the net earnings in ex- cess of the payments hereinbefore specified to be made unto said Water Revenue Bond Sinking Fund and into said Depreciation Fund may be made available to the City as the City Council may from time to time direct, Section 6. That the provisions of Section 9 of said resolution adopt- ed May 14, 1952, with respect to the issuance of additional water revenue bonds ranking on a parity with the bonds thereby authorized are hereby recognized. It is here- by found and declared that the of- ficially reported net revenues of the municipal waterworks of said City for the last calendar or fiscal year are equal to at least one and one-fourth times the total of (1) the maximum amount of principal and interest that will become due in any calendar year on the bonds now outstanding and (2) the maxi- mum amount of principal and in- terest falling due in any calendar year prior to the last Year in which any of said outstanding bonds mature on the additional bonds hereinbefore authorized and proposed to be issued, Section 7. That the City of Du- buque hereby covenants and agrees with the holder or holders of said bonds, or any of them that may from time to time be outstanding, that it will faithfully and punctual- ly perform all duties with refer- ence to the municipal waterworks required and provided by the Con- stitution and laws of the State of Iowa, that it will segregate the revenues of said works and make application thereof in accordance with the provisions of this resolu- tion sand that it will not sell, lease or in any manner dispose of said waterworks, including any and all extensions and additions that may be made thereto, until all the bonds herein authorized shall have been paid in full, both principal T Special Session, April 7th, 1955 195 and interest, or unless and until provisions shall have been made for the payment of said bonds and interest thereon in full. Section 8, That for the further protection of the holders of the bands herein authorized to be is- sued and the coupons thereto at- tached alien is hereby recognized and declared to be valid and bind- ing upon bhe improvements and extensions to the waterworks ac- quired with the proceeds of the bonds hereby authorized, which lien shall take effect immediately upon the delivery of any of said bonds. In the edent of a default in any of the terms of this resolution, said lien maybe enforced and fore- closed for the use and benefits of all of said bonds then outstanding in the manner provided by the laws of bhe State of Iowa for the enforcement and foreclosure of chattel mortgages and it is hereby specifically agreed with each hold- . er of any of said bonds that the improvements and extensions ac- quired through the issuance of the revenue bonds hereby authorized shall be and remain chattels and never be regarded as fixtures or became a part of the real estate upon which located, even though attached thereto. The City Clerk is hereby authorized and directed to file a certified copy of this reso• lution in the office of the County Recorder of Dubuque County and cause the same to be there duly recorded for the purpose of evi- den~ing such lien and giving no- tice of the record thereof. Section 9, The bands hereby au- thorized and from time to time outstanding shall not be entitled to priority or preference one over the other, in the application of the net earnings of said municipal waterworks or with respect to the pledge of the property securing their payment, regardless of the time or times of the issuance of such bonds, it being bhe intention that there shall be no priority among the bands authorized to be isued under this resolution regard- less of the fact that they may have been actually issued and delivered at different times. Any other bonds or obligations hereafter issued or incurred which are payable £rom the net revenues of said municipal waterworks plant and system shall be subject to the priority of any of the Water Revenue Bonds, 1952 Series, referred to in the preamble hereof which are then outstanding and to the priority of the bonds then outstanding under the provi- sions of his resolution; provided, however, that said Ctiy of Du- buque hereby reserves the right and privilege of issuing additional bands from time to time payable from the same source and ranking on a parity with the Water Rev- enue Bonds, 1952 Series, herein- before referred to and on a parity with the bonds herein authorized or permitted to be issued as may be then outstanding, in order to pay the cost of future improve- ments and extensions to said water- works, but only if the officially reported net revenues of said waterworks for the last preceding calendar or fiscal year prior to the issuance of such additional bonds was equal to at least one and one- fourth times the total of (1) the maximum amount of principal and interest that will become due in any calendar year on the Water Revenue Bonds, 1952 Series, here- inbefore referred to and the bonds herein authorized then outstanding and (2) the maximum amount of principal and interest falling due in any calendar year prior to the last year in which any of said out- standing Water Revenue Bonds, 1952 Series, or bonds issued pur- suant to this resolution mature on the additional bonds then proposed to be issued, and provided also that the interest payment dates for any such additional bonds shall be semiannually on June 1 and December 1 of each year, and the principal maturities of such addi- tional bonds shall be on December 1 of any year in which any of such principal is scheduled to be- came due, The term "net revenues" is de- fined as gross revenues, less oper• ating expenses which shall include salaries, wages, cost of mainten• once and operation, materials and supplies, pumping costs, and in' surance, as well as all other items as are normally included under recognized accounting practices, but shall not include allowances far depreciation in the value of physical properties. Section 1A. The City of Dubuque agrees that so long as any of the 196 Special Session, April 7th, 1955 bonds hereby authorized remain outstanding it will maintain insur- ance for the benefit of the holders of the bonds issued hereunder of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business, that it will keep proper books of record and ac- count, separate from all other records sand accounts, showing com- plete. and correct entries of all transactions relating to said water- works and that the holders of any of said bonds shall have the right at all reasonable times to in- spect the system and all records, accounts and data of the said City relating, thereto. The City further agrees that it will within sixty days following the close of each calen- dar year cause an audit of such books and accounts to be made by a certified public accountant not in the regular employ of the City showing the receipts and dsburse- ments for account of the water- works and +that copies of such audit will be forwarded to holders of any of the bonds then outstanding upon request, All expenses incurred in the making of the audits required by this Section shall be regarded as a maintenance and operation expense. Section 11. The provisions of this resolution shall constitute a con- tract between the City of Dubuque and the holders of the bonds here- in authorized to be issued as may from time to time Abe outstanding and after the issuance of any of said bonds, no change, variation or alteration of any kind of the pro- visions of this resolution shall be made until all of said bonds issued hereunder and interest thereon shall have been paid in full. Section 12. If any seotion, para- graph, clause or provision of this resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this resolution shall become effective immediately upon its pas- sage and approval, Section 13, That all resolutions or orders or parts thereof in con- flict herewith be and the same are hereby repealed tp the extent of such conflict, Passed and Approved April 7, 1955, CHARLES A. KINTZINGER, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J, SHEA, City Clerk Recorded April 8, 1955. J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller,. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. April 7, 1955 To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: After evaluating bids received on March 23,1955, for the construction of gravel packed wells or a horizontal collector, it is the opinion of Mr, Hail, Water Depart- ment Superintendent, that the con- struction of gravel packed wells are the most practical both from a cost and operational standpoint. Considering the addition of other wells within the predictable future of 25 years and evaluating their cost, I concur with Mr, Hail. Addi- tional wells can be constructed in accordance with the needs whereby horizontal collectors must necessarily be constructed to de- velop large capacities of water that may not be needed for several years. I recommend that the Thorpe Well Company of Des Moines be awarded the contract for construe- tion of four vertical gravel packed wells as their bid was the lowest and best bid received. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Mayor Kintzinger, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. ~bsept-Councilman Kolb, Special Session, April 7th, 1955 197 RESOLUTION N0. 112.55 Whereas, a public hearing was held by the City Council on the 23rd day of March, 1955, on pro- posed plans, specifications and farm of contract for the improve- ment and extension of the munici- pal water plant by constructing four (4) or six (6) vertical gravel- . packed wells, each approximately 200 feet deep and having 100 feet of stainless steel screen, with a water-producing capacity of 2100 gallons a minute, complete with concrete foundation slab for pump- . house, bearing pile supports, and a protective earthen embankment; an alternate will be the construction of one (1) horizontal collector ap- proximately 140 feet deep, utilizing Ranney Patents, with (A) 1850 lin- eal feet of 8-inch laterals or 1400 lineal feet of 12-inch laterals with a waterproducing capacity of 8400 gallons a minute or (B) 2700 lineal feet of 8-inch laterals or 18501ineal feet of finch laterals, with a wa- ter-producing capacity of 12,600 gallons a minute, complete with concrete pump~house slab, at which time and place all interested par- ties were extended an opportunity to appear and be heard; and Whereas, at said time and place proposals for the construction of said work was received pursuant to published notice and the bid of Thorpe Well Company of Des Moines, Iowa, in the amount of Ninety Four Thousand Six Hun- Bred Dollars ($94,600.00) for the construction of four (4) vertical gravehpacked wells, each approxi- mately 200 feet deep and having 100 feet of stainless steel screen, with awater-producing capacity of 2100 gallons a minute, complete with concrete foundation slab for pump-house, bearing pile supports, and a protective earthen embank- . meat, is considered the lowest and best bid; Whereas, the City Council has considered all objections to the proposed plans, specifications and form of contract and is of the opin- ion that the same should be over- ruled and that i-t is in the public interest that four (4) vertical gravel-packed wells, each approxi- mutely 200 feet deep and having 100 feet of stainless steel screen, with a waterproducing capacity of 2100 gallons a minute, complete with concrete foundation slab for pump-house, bearing pile supports, and a protective earthen embank- ment shall be constructed; Now Therefore Be It Resolved by the City Council of the City of Du- buque; 1. That all objections to said improvement be and the same are hereby overruled and the same is hereby ordered constructed. 2, That the bid of the Thorpe Well Company of Des Moines, Iowa, in the amount of Ninety Four Thousand Six Hundred Dollars ($94,600,00) for the construction of four (4) ventical gravel-packed wells, each approximately 200 feet deep and having 100 feet of stain- less steel screen, with awater-pro- ducing capacity of 2100 gallons a minute, complete with conbrete foundation slab for pump-house, bearing pile supports, and a pro• teotive earthen embankment: be and the same is hereby accepted and that the City Manager be and he is hereby authorized to enter into a contract on behalf of the City for said work in the farm heretofore approved upon the sub- mission and approval of the con- tractor's performance bond, Passed and adopted this 7th day of April, 1955, CHARLES A, KINTZINGER, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, L)]0 N. SCHUELLER, Councilmen Attest: J, J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Notice of Claim of Alan Dooley in the amount of $28.00 for dam- ages to his car caused in striking a hole in the street at 360 Grand- view Avenue, presented and read, Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None. Absent-Couniclman Kolb. 198 Special Session, April 7th, 1955 Dubuque, Iowa April 7, 1955 Honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: We enclose herewith Plat of Blocks 8, 9, 10 and 11 in Steger Heights in the City of Du• buque, Iowa, This Plat has been duly approved by the Planning and Zoning Commission and has all the necessary certificates of city and county officers, as requir- ed by your Subdivision Ordinance, We trust you will find the at- tached Plat in proper form for your approval and that you will adopt the necessary Resolution to make your approval official. Very truly yours, O'Connor, Thomas, McDermott & Wright By E, Marshall Thomas Councilman Austin moved that the communication be received and made a matter of record. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, April 7, 1955 To the Honorable Mayor and City Council, Dwbuque, Iowa, Gentlemen: Herewith submitted is a plat of blocks 8, 9, 10 and 11 in Steger Heights Subdivision which was approved by the Plan- ning and Zoning Commission, April fi, 1955. Respectfully submitted, Richard V. McKay, Secretary Planning & Zoning Commission Councilman Austin moved that the communication of the Planning and Zoning Commission be receiv- ed and made a matter of record. Seconded by Councilman Schueller, Carried by the following vote: Yeas~Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 11355 Where, there has been filed with the 'City Clerk a .plat in which the East part of Lot One (1) of Lot Two (2) of Mineral Lot 249 and Lot Two (2) of Lot Two (2) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of the Cor- rection Plat of Prysi Farm and Min- eral Lot 166, each in the City of Dwbuque, Iowa, to be hereafter known as and named Block 8 and Block 9 in Steger heights in the City of Dubuque, Iowa; and of Lot Two (2) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of the Correction Plat of Prysi Farm and Mineral Lot 166, to be hereafter known as Block 10 and Block 11 in Steger Heights, a Subdivision in the City of Dubuque, Iowa and, Whereas said plat has been ex- amined by the City Planning & Zoning Commission and has its ap- proval endorsed thereon and, Whereas upon said plat appear streets designated as Princeton Place and Cambridge Court and crass walks, which the owners have wpon said plat dedicated to the pwblic forever and, Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances re- lating thereto, except the streets have not been surfaced and curb and gutter and sewer installed and, Whereas the City 'Council is of the opinion that said streets showld be surfaced with six inch (6") rolled stone base, two and one-half inch (21/z ") asphaltic concrete sur- face, concrete curbs and gutters and proper storm and sanitary sew- ers installed on or before Novem- ber 1, 1956. Now, Therefore, Be It Resolved By the City Council of the City of Dubuque: Section 1. That the dedication of Princeton Place and Cambridge Court and cross walks upon the plat of Blocks Eight (8), Nine (9}, Ten '(10) and Eleven (11) in Steger Heights, a Subdivision in the City of Dubuque, Iowa be and the same are accepted for the purpose for which they are thus dedicated, Section 2. That the plat of the East part of Lot One ~(1) of Lot Two (2) of Mineral Lot 249 and Lot Two (2) of Lat Two (2) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of the Correction Plat of Prysi Farm and Mineral Lot 166, which will here- after Abe known as Block 8 and Block 9 in Steger Heights, a Sub- division of the City of Dubuque, Iowa and the plat of Lot Two (2) of s i i Special Session, April 7th, 1955 199 Lat One (1) of hot One (1) of Lot (1) of Lot One (1) of Lot One (1) of Lot One (1) of Lot One (1) of the Correction Flat of Prysi Farm and Mineral Lot 166, in the City of Du- buque, Iowa, which will hereafter be known as Block 10 and Block 11 in Steger Heights, a Su'~bdivision of the City of Dwbuque, Iowa be and the same is hereby approved and the Mayor and the Clerk are here- by awth'orized and directed to en- dorse the approval of the City wp• on said plat provided: That the owners of said property, Fay Thomas Steger and Calista Ann Stoger, execute the written Acceptance attached hereto, agree- - ing; 1. To install concrete curb and gutter on dedicated streets; 2. To surface said streets with a six inch (6") rolled stone base and two and one-half inch (21/z ") asp'h'a1- tic concrete wearing surface and tack coat and seal coat. 3. To install proper storm and sanitary sewers and appurtenances. 4. To file a surety ibond in an amount to be determined by the City Manager guaranteeing the per- formance of Items 1, 2 and 3 of this paragraph, in accordance with plans and. specifications approved by the City Manager prior to No- vember 1, 1956. Passed, adopted and approved this 9th day of Apri1,1955. CHARLES A. KIlVTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilman Attest: J. J. SHEA, City Clerlc ACCEPTANCE OF RESOLUTION N0. 11355 Fay Thomas Steger and Calista Ann Steger, his wife, with full knowledge and understanding of all the terms and conditions of Resolution No. 113.55 hereby ac- cept the same as adopted and agree to abide by, comply with and car- ' ry out all the terms and conditions thereof. Executed this 8th day of April, 1955. Fay Thomas Steger Calista Ann Steger Owners 'Councilman Welu moved that adoption of the resolution. Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, Petition of McDonnell Excavat- ing Service requesting permission to excavate in the treets and al- leys of the City of Dubuque, pre- sented and read. Councilman Schueller moved that the request be granted providing a proper In- surance Policy and Bond are filed with the City of Dubuque, Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Schueller, Welu. Nays--None. Absent-Councilman Kolb. Petition of Carl M. LuGrain re• questing a refund in the amount of $100.00 on the unexpired portion of his Class "B" Beer Permit No. 124, as 'he has discontinued busi- ness an April 4, 1055, presented and read, Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Carl M. LwGrain to cov- er the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No, 124. Second- ed by Councilman Austin. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays---None. Absent-Councilman Kolb, ORDINANCE N0. 22.55 An Ordinance establishing a grade on Princeton Place from the east property line of Devon Drive to the ends of the existing curb returns at the east side of Mineral Street, presented and read. Coun- cilman Welu moved that the read- ing just had be considered the first reading of the ordinance, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, We1u. Nays-None; Absent=Councilman Kolb, Councilman Welu moved that the rules Abe suspended requiring an ordinance to be read on three sepa- rate days, Seconded by Council- man Schueller, Carried by the fol- lowing vote: 200 Special Session, April 7th, 1955 Yeas~Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE N0, 22.55 An Ordinance Establishing A Grade on Princeton Place Yrom the East Property Line of Devon Drive to the ends of the existing curb returns of the east side of Mineral Street, Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Prince- ton Place from the East Property Line of Devon Drive to the ends of the existing curb returns at the east side of Mineral Street, be and the same is hereby established anfl adopted as shown by a profile o~f said street and grade prepared by the City Engineer, profile number 1429, Bench Mark: Paint of Arrow on Pirc Hydrant 600 feet north of the north Right-of-way line of U. S. High- way No. 20 on the west side of De- von Drive Elevatiot 119.18. Nate: to refer to Bench Mark to P. 0. Datum add 690.95 to elevation of Bench Mark, Said grade begins at the East Prop- arty line of Devon Drive, which is station 0-00, north and south curb elevation 145.87, thence to station 0 } 50, north and south curb eleva- tion 146.61, thence to station 0{-30, north and south curb elevation 147.20, thence to station 1-x-10, north and south curb elevation 148.09, thence to station 1 { S0, north and south curb elevation 150.49, thence to sta- tion 2 {-3Q north and south curb elevation 161.41, thence to station 2+50, north and south curb elevation 150.34, thence to station 3+60, north and south curb olevation 148.66, thence to station 4{-10, north and south curb elevation 14fi.95, thence to sta- tion 4 {-6Q, north and south curb ele- vation 144.55, thence to station 7}80, north and south curb elevation 126.99, thence to station 5-40, north and south curb elevation 124.94, thence to station 9}00, north and south ourb e]evatton 126.36; thence to sta- tion 11 {-50, north and south curb elevation ~ 132.24, thence to station 12+00, north and south curb elevation 133.04, thence to station 12}50, north and south curb elevation 132.70, thence tp station 13-F00, north and south curb elevation 131.20, thence to station 13}50, north and south curb elevation 125.66, thence to sta- tion 14 i 00, north and south curb elevation 125.34, thence to station 14}50, north curb elevation 121.93, south curb elevation 12212, thence to station 16+OQ north curb eleva- tion 118.33, south curb elevation 118.90, thence to station 15-1-10.0, north curb elevation 117.54, which is the end of the north curb return on the east side of Mineral Street. thence. to station 16-{ 256, south curb elevatiml 117.27, which is the end of the south curb return on the east aide of Mineral Street. Section 2. This ordinance shall be in fall farce and effect immediately upon its final passage and adoption and publication as Provided by law, Passed, adopted and approved April 7th, 1955. CHARLES A. KINTZINGMayor CLARENCE P. WELU RUBEN V. AUSTIN LEO, N. SCHUELLER Councihnen, Attest: J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 11th day of April, 1955. J. J•City Clerk. Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Wolu. Nays-None. Absent-Councilman Kolb, ORDINANCE N0. 23.55 An Ordinance establishing a grade on Cambridge Court from the west property line of Devon Drive opposite Lat 1 of Block 6 of Steger Heights to the west property line of Devon Drive opposite Lot 1 of Block 4 of Steger Heights, pre- sented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance, Seconded by Council- man Schueller, Carried ~by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Albsent-Councilman Kolb, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Ordinance No. 23.55 An Ordinance Establishing A Grade on Cambridge Court from the West Property Line of Devon Drive op- posite Lot 1 of Black 6 of Steger IIeights to the West Property Line of Devon Drive opposite Lot 1 of Block 4 of Steger Heights. Be It Ordained by the City Council oP the City of Dubuque: Section 1. That a grade on Cam- bridge Court from the Weat Property Line of Devon Drive opposite Lot 1 of Bloch 6 of Steger Heights to the West Property Line of Devon Drive opposite Lot 1 of Bloclc 4 of Steger Heights, be and the same is hereby established and adopted as shourn by a profile of said street and grade pre- pared by the City Engineer, profile munber 1430. Bench Mark: Point of Arrow Fire Hydrant 600 feet north of the north Right-oP-Way line of U. S. Highway No. 20 on West side of Devon Drive, Elevation 145.41: Note; Add 690.96 to this elevation to refer Bench Mark to P. 0. Datum. Said grade begins at West Property Tine of Devon Drive, which is station 0-F00, north and south curb elevation 141.81, thence to station 0}p3.6, north and south curb elevation 141.8b, thence to station 1-00, north and south curb elevation 143.03, thence to station 1{-30. north and south curb elevation 143.18, thence to station 1 I-60, north and south curb elevation 142.5, thence to station 6}35, north and south curb elevation 134.70, thence to station 6-{-6Q north and south curb elevation 134.56, thence to station 6}35, north and south curb T Special Session, April 7th, 1955 201 elevation 134,98, thence to station 'i}24.3, north and south curb eleva- tion 136.10, thence to station 8+09.8, north and south curb elevation 138.50, thence to station 8+56.9 north and ^outh curb elevation 139.70, thence to station 9}06.9 north curb elevation 139.00, south curb elevation 141,7Q which is the West Property Line of Devon Drive. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoltion and publication as provided by law. Passed, adopted and approved April 7th„ 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELD RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen. Attest: J, 7. SHEA, City Clet'lc. Published officially in The Tele- graph-Herald newspaper this 11th day of April, 1955. City Clerk, iCouncilman Welu moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Ausltin, Schueller, Welu, Nays-None, Absent-Councilman Ko)Ib. RESOLUTION N0. 114.55 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 Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Elmer E. Meyer, 1828 Central Ave- nue RESOLUTION N0, 115.55 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; Whereas, the premises to be oc- cupied Eby such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man• agar be and he is directed to issue to the following named applicants a Beer Permit, CLASS "B" PERMIT. Elmer E. Meyer, 1828 Central Ave• rue CLASS "C" PERMIT Earl J. McNamara, 1046 University Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 7th day of April, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest; J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent~Councilman Kolb. RESOLUTION N0, 116.55 Resolution restricting the author• ity of the City Manager to issue permits for excavation in: Auburn Street from the North East Property Line of Grace Street to the South West Property Line of University Avenue. Clinton Street from the West Property Line of Windsor Avenue to the East Property Line of Queen Street. Eagle Street from the North Property Line of Thomas Place to the South Property Line of Viola Street. Elm Street from the North Prop- erty Line of 22nd Street to the South Property Line of 26th Street. Garfield Avenue from the North Property Line of Marshall Street CLASS "C°' PERMIT Earl J. McNamara, 1046 University Avenue Passed, adopted and approved this 7th day of April, 1955. CHARLES A, KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest; J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas--Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. 202 Special Session, April 7th, 1955 to the South Property Line of Stan- ton Street. Hennepin Street from the West Property Line of Stafford Street to the East Property Line of Windsor Avenue. Ida Street from the South Prop- erty Line of Delhi Street to the North Property Line of Grace Street. Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace. Marshall Street from the Wcst Property Line of Rhom'berg Ave• nue to the East Property Line of Lincoln Avenue. O'Hagen Street from bhe South Property Line of University Ave- nue to the North Property Line of Mineral Street. Pearl Street from the North Property Line of O'Hagen Street to the end of Pearl Street. Pleasant Street from the West. Property Line of Viola Street to the East Property Line of Stafford Street. Grandview Avenue Extension from the North Property Line of Delhi to the South Property Line of Loras Blvd. Jones Street from the West Prop- erty Line of Main Street to the East Property Line of Locust Street. Leibe Street from the East Prop- erty Line of Jackson Street to the end of Leibe Street. 'Shields Street from the North Property Linc of Dodge Street to the South Property Line of Jones Street. East 30th Street from the East Property Line of Central Avenue to 65' east of the East Property Line of Elm Street. University Avenue from the East Property Line of Alta Vista to the West Property Line of Lot 2 of 2 of Summit Addition. University Avenue from the East Property Line of Auburn Street to the West Property Line of Lot 13 in Finley Waples and Burtons Addi- tion. Washington Street from the North Property Line of Leibe Street to the end of Washington Street North. Whereas, the above named streets in the City of Dubuque will be paved with bituminous concrete or asphaltic concrete surfacing Hot-mixed Hot-laid; and Whereas, it is not in the best in- terest of the City that such paving be disturbed for a period of at least ten years; and Whereas, under Ordinance No. 45-51 adopted September 25, 1951, the City Manager is authorized to issue excavation permits for mak- ing excavations in the city streets. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That the City Manager is hereby directed not to issue any such ex- cavation permits for the purpose of making excavations in the fore- going described streets fora peri- od of ten years from the date of completion of construction of each named street unless in case of emergency or specifically so au- thorized by the City Council, Passed, adopted and approved this 7th day of April, 1955. CHARLES A, KINTZINGER Mayor CLARENCE P. WEELU RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays None. Albsent-Councilman Kolb. RESOLUTION N0. 117.55 Preliminary approval of pro posed plans, specifications, form of contract, plat and schedule and all other documents for the construc- tion of an eight (8) inch sanitary sewer in Bunker Hill Street begin- ning at the existing manhole in Green Street to the south property line of Finley Street, estimated cost $2,799.05, presented and read. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 118.55 Whereas, proposed plans, specifi• cations, form of contract, plat and schedule have been duty prepared and approved by the City Council 5 f 3 E Special Session, April 7th, 1955 203 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 boundaries o£ the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the -council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which is estimated to be as- sessedagainst each lot, for the con• struction of an eight (8) inch sani- tary sewer in Bunker Hill Street beginning at the existing manhole in Green Street to the South Prop• erty Line of Finley .Street. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. ' Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately awned ,prop- erty lying within assessable dis- tance provided Eby law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is .adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer 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 d~is- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1955. Approved and placed on file for final action, Approved: CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved that the resolution just read being a resolution ordering a sewer im- provement be now considered com- plete inform for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be• fore final adoption, Seconded by Councilman Schueller. Carried by the following vote; Yeas-1Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Albserit=Councilman Kolb, (Fixing date of hearing) RESOLUTION N0. 119.55 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 117-55 given its pre- liminary approval on the proposed plans, specifications and farm of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of an eight (8) inch sanitary sewer in Bunker Hill Street begin- ning at the existing manhole in Green Street to the South Prop- erty Line of Finley Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now oh file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved- that on the 2nd day of May 1955, a :pub- lic hearing will be held at 7:30 o':clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the 204 Special Session, April 7th, 1955 proposed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk Abe and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub• lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear the- amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1955. CHARLES A, KINTZINGER Mayor ~CLARENCE P, WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest; J, J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 120.55 Preliminlary approval 'of pro- posed plans, specifications,form of contract, plat and schedule and all other documents for the construc- tion of Kaufmann Avenue & As- bury Road sanitary sewer and lift station wfth force main which con- sists of 8", 10" and 12" sanitary sewer and a lift station with 6" cast iron force main to serve lots abutting: Kaufmann Avenue from the west property line of Carter Road to 1300 feet west; West side of Carter Road from Lot 5 to Lot i-10 all of Highland Park Add, and from Lot 2 of John J. Johners Place to Lot 1.2-2-2.1.2.1 of High- land Farm; Lindale Street; Kevin- dale Street; Karen Street; Woad• lawn from north property line of Karen Street to south property line of Lindale Street; Asbury Road from west property line of Garter to the West Corporation Limits of the City of Dubuque, estimated cost $70,363,d0, presented and read. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None.. April 7,, 1955 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No,'s 1 to 4 inclusive show- ing a schedule of the proposed valuations and proposed assess- ments for the Kaufmann Avenue- Asbury Sanitary Sewer and Lift Station. Suibmitted, Apri17, 1955. K, J, CULLEN City Engineer Councilman Austin moved that the communication of City Engi- neer Cullen be received and made a matter of record, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. RESOLUTION N0. 121.55 Be It Resolved .by the City Coun- cil of the City of Dubuque: Section 1, That the attached sheets No. 1 to 4 inclusive are hereby determined to be the sched- ule of proposed assessments for the Kaufmann Avenue-Asbury San- itary Sewer and Lift Station and the valuation set out therein are hereby approved, Adopted this 7th day of April, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Welu moved :the adoption of the resolution, Second• ed by Councilman Schueller, Car- rued by the following vote; T Special Session, April 7th, 1955 205 Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 122.55 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any, 2. Size and kind of sewers. 3, Each lot proposed to be as• sessed together with a valuation fixed Eby the council. 4. An estimate of the cast of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5, In each case the amount there- of which is estimated to be as- sessed against each lot, for the con- struction of Kaufmann Avenue & Asbury Road Sanitary Sewer & Lift Station with Force Main which consists of 8", 10" & 12'.' sanitary sewer and a Lift Station with 6" Cast Iron Force Main to serve lots abutting: Kaufmann Avenue from West Property Line of Carter Road to 1300 Feet West, West Side of Car- ter Road from Lot 5 of Lot 1.10 all of Higlhland Park Addition, and from Lot 2 of John J. Rohners Place to Lot 1-2.2.2-1.2.1 of High- land Farm, Lindale Street, Kevin• dale Street, Karen Street, Wood• lawn from North Property Line of Karen to South Property Line of Lindale St, Asbury Road from West Property Line of Carter to West Corporation Limits of the City of Dubuque, Be It Therefore Resolved that the City Council on its own mo- tion ar upon petition of property owners, deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the Gity Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying wiUhin assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cialbenefits conferred thereby, and any deficiency shall be paid out of the sewer funds, Bands shall be is- sued and sold in anticipation of ,deferred payments of ass"essments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con, tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, -approved and ordered placed on file with the City Clerk this 7th day of April, 1955. Approved and placed on file for final action. Approved: CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RUBEN V, AUSTIN LEO N, SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution just read being a reso- lution ordering a sewer ittlprove- ment be now considered complete in form for final passage and fur- ther move that the same be placed on file with 'the City Clerk and re- main on file for public inspection for at least one week before final adoption, Seconded by .Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent=Councilman Kolb. (Fixing date of hearing) RESOLUTION NO. 123-55 Whereas, the City Council of the City of Dubuque, Iowa, has by 206 Special Session, April 7th, 1955 Resolution No. 120-55 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 Kaufmann Ave- nue & Asbury Road Sanitary Sewer & Lift Station with Force Main which consists pf 8", 10" & 12" sanitary sewer and Lift Station with 6" Cast Iron Farce Main to serve lots abutting: Kaufmann Avenue from West Property Line of Carter Road to 1300 Feet West, West Side of Carter Road from Lot 5 of Lot 1.10 all of Highland Park Addition, and from Lot 2 of John J. Rohners Place to 1-2-2-2-1-2- 1 of Highland Farm. Lindale Street, Kevendale Street, Karen Street, Woodlawn from North Property Line of Karen to South Property Line of Lindale Street, Asbury Road from West Proper ty Line of Carter to West Corpora- tion Limits of the City of Dubuque, and, Whereas, bhe proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now an file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 2nd day of May, 1955, 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 im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to Abe published in some newspaper in the City of Dubuque, the last of 'which sliall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed as- sessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon,, Passed, adopted and approved this 7th day of April, 1955, CHARLES A. KI'NTZINGER, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen ,Attest: J, J, SHEA, City Clerk Councilman Schueller moved the adoption of the resolution, Seconds ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Iintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Councilman Welu moved that the Judges and Clerks ~vho served at the Dock Bond Proposition Spec- ial Election held April 6, 1955 be allowed the amount of X10,00 each for services rendered as Judges and Clerks. Seconded by Council- man Schueller, Carried by the fol- lowing vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, There being no further business Councilman Austin moved to ad- journ, Seconded by Councilman •Schueller. Carried by the follow- ing vote; Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb, J, J. SHEA, City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1955, Adopted ..................................1955. Councilmen : .............. Attest : .................................................. City Clerk I i Spccial Session, April 7th, 1955 207 ~~~ a ~v (OFFICIAL) Special Session, April 7th, 1955. Board met at &.15 p.m, Present-Chairman Charles A. Kintzingor, Messrs. Ruben V. Aus- tin, Leo N. Schueller, Clarence P. Welu, Absent-Mr. Ray F. Kolb and Dr. A, J. Entringer. To Herman W, and Leona D. Tappe You are hereby notified that on the 7th day of Apri11955 the Local Board of Health for the City of Dubuque adopted a resolution or- dering septic tank located upon the premises described therein; also to connect said premises with the sanitary sewer and install sani- tary toilet and to have facilities and connect the same with said sewer, all of which to be done within thirty (30) days. from the date of said resolution, a copy of which is herein set out as follows: RESOLUTION N0. 124-55 Resolution of the Board of F9ealth Be It Resolved by the Board of Health of the City of Dubuque, Iowa that it is deemed necessary that Lot Number 2 of 1-1-1-1-1 Prysi Farm Sub, owned by Herman W. and Leona B, Tappe be connect- ed with sanitary sewer; that the septic tank upon said premises be abandoned and that a sanitary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Herman W, and Leona B. Tappe be notified to remode and abandon the septic tank located upon the premises above described; that said property be connected with the sanitary sewer and that sani- tary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof, Be it further resolved that said Herman W. and Leona B. Tappe be notified of the action of this Board by the service of written notice to- gether with a copy of this resolu• tion, Failure to comply with the terms hereof within the time stated shall be followed by prose- cution or such obher action as the Council or Board of Health may determine. Dated this 7th day of April, 1955, CHARLES A. KINTZINGER, Mayor Attest; J. J, SHEA, City Clerk You are further notified that prosecution will follow a failure to comply with this order and no- tice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed Albert J. Entringer Health Officer Mr. Clarence P. Welu moved the adoption of the resolution, Second- ed by Mr, Leo N, Schueller. Car- ried by the following vote; Yeas-Chairman Charles A. Kint- zinger, Messrs. Ruben V, Austin, Leo N. Schueller, Clarence P, Welu, Nays-None, Absent-Mr. Ray F. Kolb, Dr. A. J. Entringer. There being no further business Mr. Ruben V, Austin moved that the Board of Health meeting ad- journ. Seconded by Mr. Clarence P. Welu, Carried by the following vote: Yeas-Chairman Charles A. Kint- zinger, Messrs. Ruben V, Austin, Leo N, Schueller, Clarence P, Welu, Nays-None, Absent-Mr. Ray F. Kolb, Dr, A. J. Entringer. J, J. SHEA, Clerk, Board of Health Approved ................................1955, Adapted ..................................1955, Members of ...........:.................... Bd. of Health ................................ Attest .............................:..:. Clerk, Board of Health 20$ Special Session, Apri125th, 1955 (OFFICIAL] Special Session, Apri125th, 1955. Council met at 7:30 p,m. Present -Mayor Kintzinger, Councilmen Austin, Schueller, Welu. City Manager Schiltz. Absent-Councilman Kolb, Meeting called by order of Mayor Kintzinger, Mayor Kintzinger read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the bids submitted for the construction of the City of Dubuque 1955 Curb and Gutter Project No. 1 and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction. of concrete curb and gutter on the following portions of the following named streets: Avoca Street from the North Property Line of Seminary Street to the South Property Line of Ungs Street. Bunker Hill Road from the North Property Line of Green Street to the South Property Line of Finley Street. Burlington Street from the West Property Line of National Street to the alley first west of National Street. Drexel Avenue from the South Property Line of Pennsylvania Av enue to the North Property Line of Lenox Avenue. Elm Street from the North Prop- erty Line of Lot 1~0, S. Lang- worthy's Sub to the South Proper- ty Line of Lot 6-0, S, Lang- worthy's Sub, Garfield Avenue from the North Property Line of Whittier Street to the South Property Line of Stan- ton Street. Glen Oak Street from the North Property Line of Vernon Street to the South Property Line of Ed- ina Street. Grandview Avenue from the North Property Line of Delhi Street to the South Property Line of Loras Boulevard, Green Street from the West Prop- erty Line of Bunker Hill Road to the North Property Line of Penn- sylvania Avenue, Hickson Avenue from the South Property Line of Pennsylvania Avenue to the North Property Line. of Lenox Avenue. Marmara Avenue from the South Property Line of Pennsylvania Av- enue to the North Property Line of Fairfax Avenue, Leibe Street from the East Prop- erty Line of Jackson Street to the end of Leibe Street, Lindale Street from the .West Property Line of Woodlawn to the end of Lindale Street, Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace, Lorimer Street from the South Property Line of Levi Street to the South end of Lorimer Street. Washington Street from the North Property Line of Leibe Street to the end of Washington Street, presented and read, Councilman Austin moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Council- men Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. April 25, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received up to 10;00 A.M, on April 25, 1955 far the construction of concrete curb and gutter for the City of Dubuque 1955 Concrete Curb asri3 Gutter Project No. 1, Attached is the tab- ulation of bids received, I recommend that the contract be awarded to Thomas Flynn Coal Company who submitted the low- est bid received which was 20,2D% under the Engineer's estimate: Respectfully submitted, L. J. SCHILTZ, City Manager Counailman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays--None. Absent-Councilman Kolb. i Special Session, April 25th, 1955 209 (Awarding Contract) RESOLUTION N0. 125.55 Whereas, sealed proposals have been submitted by contractors for the construction of concrete curb and gutter on the following por- tions of the following named streets: Avoca Street from the North Property Line of Seminary Street to the South Property Line of Ungs Street, Bunker Hill Road from bhe North Property Line of Green Street to the South Property Line of Finley Street. Burlington Street from the West Property Line of National Street to the alley first west. of National Street. Drexel Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Lenox Avenue, Elm Street from the North Prop- erty Line of Lot 12-O,S. Langwor- thy's Swb, to the South Property Line of Lot 6-O.S. Langworthy's Sub. Garfield Avenue from the North Property Line of Whittier Street to the South Property Line of Stanton Street. Glen Oak Street from bhe North Property Line of Vernon Street to the South Property Line of Edina Street. Grandview Avenue from the North Property Line of Delhi Street to the South Property Line of Loras Boulevard. Green Street from the West Property Line of Bunker Hill Road to the North Property Line of Pennsylvania Avenue. Hickson Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Lenox Avenue, Marmara Avenue from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Fairfax Avenue. Leibe Street from the East Prop• ea~ty Line of Jackson Street to the end of Leibe Street. Lindale Street from the West Property Line of Woodlawn to the end of Lindale Street, Lindberg Terrace from the East Property Line of Eagle Street to the end of Lindberg Terrace. Lorimer Street from the South Washington Street from the North Property Line of Leibe Street to the end of Washington Street, pursuant to Resolution No. Property Line of Levi Street to the South end of Lorimer Street, 85-55 and notice to bidders pub- lished in a newspaper published in said City on April 7th, 1955 and April 8th, 1955; and Whereas, said sealed proposals were opened and road on April 25th, 1955, and it has been deter- mined that bhe bid of Thomas Flynn Coal Company of Dubuque, Iowa in the amount of $43,876.20 was the lowest bid for the furnish- ing of all labor and materials and periforming the work as provided for in the plans and specifications; raw therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thom- as Flynn Coal Company and the Manager be and he ~is hereby d~i- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work, Be It Further Resolved, bhat up- on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 25th day of April, 1955. !CHARLES A. KINTZIIVGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest; J, J, SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed byCouncilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-aNone, A'~bsent-Councilman Kolb, Apri125, 1955 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; The Trustees of Wahlert Foun- dation are deeply interested in the acquisition, 'by the City of Du- 210 Special Session, April 25th, 1955 buque, of certain real estate ad- joining and in the immediate vicin- ity of the newly established "Flora Park" area, for public recreational purposes, As you know Wahlert Foundation was one of the spon- sors when this property was orig- inally acquired, The Trustees were convinced that to acquire the prop- erty would be of great public bene• fit. Of this there can be no doubt. The importance of this area from a pwblie recreational standpoint must be recognized by alh The present plan of the City to acquire the surrounding lands and inte- grate them with bhe original lands should create one of the finest rec- reation centers to be fpund any- where. One of the objects and purposes of Wahlert Foundation is to sup- port by gift all projects tending to promote and encourage public rec- reational activities, Since whole- some recreation £or adults as well as juveniles, is as important to the welfare of a community as indus- trial development, Wahlert Founda- tion desires to give evidence pf its interest to this worthwhile project in the form of gift to the City of Dubuque in order to make it passi- ble for the City to acquire the prop- erty at this time, Accordingly, Wahlert Foundation does hereby offer to bhe City of Dubuque the sum of One Hundred Thousand Dollars as an absolute gift with which to purchase such property as the City Council and City Manager deems necessary and advisable, up- on the express understanding and condition that such property, when acquired, shall be used, developed and maintained solely for public recreational purposes. In the event that this offer is ac- cepted by your Honorable Body up- on the conditions stated, the gift in the amount herein stated shall be forthwith consummated, Respectfully submitted, Wahlert Foundation By Czizek &Czizek Its Attorneys Councilman Austin moved that the rules be suspended for the purpose of allowing any one pres• ent in She Council Chamber, who wishos to do so-, to address the Councih Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays~None. AbsentJCouncilman Kolb. Mr. M, H. Czizek, Attorney for the Wahlert Foundation, addressed the Council yin reference to the gift of the Wahlert Foundation in the amount of $100,000.Op for the pur- pose of acquiring real estate to expand the recreational facilities of Flora Park, ~Cpuncilman Austin moved that the communication be received and made a matter of record and a let- ter of thanks be forwarded to the Trustees of the Wahlert Founda- tion for their generous offer. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Austen, Schueller, Welu. Nays-None, Absent-Councilman Kolb. RESOLUTION N0. 126.55 Whereas, the Trustees of Wahl- ert Foundation have offered a gift to the City of Dwbuque .of the sum of One Hundred Thousand Dollars for the purpose of acquiring real estate to expand the recreational facilities of Flora Park in the City of Dubuque; and Whereas, suoh donor has im- posed such gift with certain terms and conditions as stated in its let- ter of April 25th, 1955, addressed to the Hcnorabble Mayor and mem- bers of the City Council, which let- ter is now on file in the office of the City Clerk; and Whereas, the Oity Council is of the opinion that it is in the best public interest that such gift be accepted under the terms and can-. ditions stated in such letter; Now Therefore Be It Resolved by bhe City Council of the City of Du• buque: Section 1. That the City of Du- buque hereby accepts such gift. under khe terms and conditions stated in such offer. Section 2. That said funds, when received., shall be placed in the Trust and Agency Funds in the fund designated as Flora Park Land Purchase Fund and shall be used for the purpose of acquiring real estate for the expansion of Flora Park as a recreational cen- ter in the City of Dubuque. Section 3. That upon receipt of such funds, the City Manager is T Special Session, April 25th, 1955 211 hereby authorized and empowered to expend the same for the purpose set out in Section 2 hereof. Passed, adopted and approved this 25th day of April, 1955; CHARLES A, KINTZRQGER Mayor CLARENCE P, WELD R. UBEN y. AUSTIN LEQ N. SCRUFI.I~ER Counpilmen Attest; J, J, SREA, City Clerk C9uncilmarj Schueller moved the adoption of the resolutioh. Secgnd- ed by Counpilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Austin, Schueller, Weln. Nays-None, Notice of Claim of Clifford Christopherson in the amount of $25,00 far damages to his car caused iu striking a hole in the street at 17th Street and West Lo. Gust Street, presented and read, Councilman Welu moved that the Notice of Claim 'be roferred to tho City Solicitor for investigation and report, Seconded by Councilman Schueller, Carried by the fgllow- ing vote; Yeas-Mayor Kintzinger, Coun- gilmen Austin, Schueller, Welu. Plays-None. Absent-~Cqu~ncilmep K~plb, Notice of Claim of Marcella E, Corbett in the amount of $7.50 for damages to her car caused in strik- ing an open manhole on South Lq- cust Street a few feet south of the bridge on the west side of the street, presented and read. Coun- cilman Welu moved that the No- tice of Claim be referred to the City Solioitor for investigation and report. Seconded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays~None. Absent-Councilman Korb. Notice Af Claim of Ed Turnquist in an unstated amount for dam- ages to oar caused in striking an unlighted barripade at 1460 Cen- tral Avenue, presented and read. Councilman Welu moved that the Notice of Claim be referred to bhe City So'lieitor for investigation and report, Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas.-Mayor Kintzinger, Coun. oilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kglb. Communication of George M. Haas and John B, Link stating that they welsh to yvithdraw their sig- natures from the petition request- ing the improvement of Mills Street and aslung that the Gity Council delay action on the im- provement of Mills Street for the present, presented and read, Coun- Gilman Austen moved that the me- quest be granted and that the im- provement of D~Ills Street be delet- ed frgm tho street improvement program, Seconded by Councilman Welu, Carried by the following vgte; Yeas-Mayor Kintzinger, Cqun- oilmen Austin, ,5chueller, Welu. Nays~None. AbsentJCqunpilman Kolb. Commuhication of Dwbuque Bank & Trust Company advising the City Council that Mulgrew Blacktop, Inc,, have assigned to them the entire equity in City pf Dubuque 1955 hot mixed, hot laid, asphaltic concrete surfacing proj- eet No. 1, and submitting for Cqun- cil approval Assignment of Mul- grew Blacktop, Inc,, presented and read. Councilman Austin moved that the communication be received and the City Manager authorized to execute said Assignment on be- half of the City of Dubuque. Sec- onded by Councilman Wela, Car- ried by the following vote; Yeas--~Maypr Kintzinger, Cpun- cilmen Austin, Schueller, Welu. Nays-None. Absent-~COUncilman Kolb. Communication of P. J. Rouser, Director Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, submit- ting permit for the construction of a sanitary sewer in Bunker Hill Road under certain .conditions and requirements, presented and read. Councilman We~lu moved Chat the communication be received and filled, Seconded by Councilman Schueller, Carried by the fplkow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-Npne. Absent-Couneil~an l~plb. Communication cf F, d. Houser, Director Division of Publuo Healtb 212 Special Session, Apri125th, 1955 Engineering, State Department of Health, Des Moines, Iowa, submit- ting permit for the construction of a sanitary sewer in Princeton Place and Cambridge Court under cer- tain conditions and requirements, presented and read. Councilman Welu moved that the communica- tion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Petitions comprising 3120 signa- tures requesting the City Council to take appropriate action to put Dubuque on Daylight Savings Time for the summer of 1955, presented and read, After a lengthy cliscus- sion on the question of Daylight Savings Time for the summer of 1955, presented and read. After a lengthy discussion an the question of Daylight Saving Time between the parties flavoring Daylight Sav- ing Time and those opposed to Day- light Saving Time Councilman Schueller moved that action be de- ferred on the question until the Regular Council Meeting of May 2nd, 1955, in order that all inter- ested parties may be given an op- portunity to be heard. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kalb. Petition of the North Central Public Service Co, with reference to their former request for an in- crease in gas rates under Schedule 2 of Ordinance No. 31-54 and stat- ing that it is hoped that when con- sidering the proposed changes in gas rates in Schedule 2 that consid- eration be given to the proposed elimination of gas rates in Sched- ule 3, presented and read, Council- man Welu moved that the petition be received and filed. Seconded by Councilman Schueller. Carried by the following vete: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Shiloh Circle No. 37 Ladies of the Grand Army of the Republic requesting permission to hold a tag day op thG evening 4€ September 9th, 1955 and the day of September 10th, 1955, presented and read. Councilman Schueller moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent=Councilman Kolb. Petition of Jack Beringer, owner of Lats 176 and 177 Woodlawn Park Subdivision, requesting that the alley adjacent to his property be graded Ito allow access to his garage, said alley lying between Atlantic and Auburn Streets ex- tending from Dexter Street to Rose- dale Avenue, presented and read. Councilman Austin moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Welu, Car- ried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kalb. Petition of bhe Leo F. Bly Ca. questing the City Council to vacate to bhem a portion of Pine Street southerly of East Ninth Street as shown on the attached plat within the green lines, presented and read. Councilman Schueller moved that the petition be referred to the Flanning and Zoning Commission for -thew recommendation and re- port, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Schueller, Welu. Nays None. Absent-Councilman Kolb, Petition of Al M, Schmidt and others requesting the re-zoning to Local Business District the area on the north side of Loris Boulevard from Glen Oak Street to the alley first east, presented and read. Councilman Welu moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Ab~etlt-Councilman Kolb, 1 Special Session, Apri125th, 1955 213 Petition of The Kroger Co. re- questing that they be granted 2.10 minute parking meters on Sevenbh Streeit on the corner which is at the entrance to their store as this would give space for pickups, also requesting permission to place a "Loading Zone Only" sign on this space on Friday and Saturday and provide a man at bhe curb at all times to load orders in a minimum of time, presented and read. Coun- cilman Schueller moved that the petition be referred to the City Manager and Traffic Department for investigation and that their report be considered by the City Council in conjunction with the report to be subnutted by the Traf- fic Experts. Seconded by Council- man Austin, Carried by the fol- lowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent=Councilman Kolb, Petition of C. Douglas Hincker and others requesting that appro- priate automatic traffic control signals equipped with usual red, amber and green lights be erected at the intersections of Dodge Street, Concord Street and St. Jo- seph Street, presented and read. Councilman Welu moved that the petition be referred to bhe City Manager and Traffic Department for investigation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Ella Nicks, Mrs, Peter Nicks, requesting the rezoning of the area in the vicinity of 176 Al- pine Street to a Multiple Family District, presented and read. Coun- cilman Austin moved that the pe- tition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor ...Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent~Councilman Kolb. Petition of Frank C, Wieland re- questing arefund in the amount of $50.00 an the unexpired portion of his Class "B" Beer Permit No. 91, as he has discontinued business on April 15, 1955, presented and read, Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $50,00 in favor of Frank C. Wieland to cover the amount of refund granted on his Class "B" Beer Permit No. 91. Seconded by Councilman Austin. Oarried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Schueller, Welu. Nays~None. Absent-Councilman Kollb. Petition of Fred Herber request- ing arefund in the amount of $150,00 on the unexpired portion of his Class "B" Beer Permit No. 138, as he has discontinued busi- ness on April 18, 1955, presented and read, Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150,00 in favor of Fred Herber to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 138, Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor I{intzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Leland P, Stocker en- tering aformal protest with respect to the Rettenberger Tree and Nur- sery Service at 65 Meadow Lane and against Frank Smith at 55 Meadow Lane and asking that the City take the necessary action to instruct Frank Smith , to have the debris in his back yard removed and the premises kept in a con- dition suitable to a residential area and that Mr, Rettenberger be in- structed to either clean up his op- eration and provide suitable space for employees and customer park- ing on his own premises or move his business to some location that is zoned for commercial operation and also requesting that early morning noise from motors, trucks and equipment be prohibited, pre- sented and read. Councilman Welu moved that the City Manager and the different departments be di- rected to eliminate the nuisances complained of and the City Solici- tor be instructed to make a study as to the retailing of shrubbery and also as to the other commercial activities being conducted on said X14 Special Session, April Z5th, 1955 premises, ,Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger; Coun- cilmen Austin, Sohueller, Welu, NaysNOne. Ab'sent~Councilman Kolb, Petition of Vincent J, Hawks for theMiss America Committee Du- buque Junior Chamber of Com- merce advising that they are bring- ing to Dubuque an official prelimi• nary Miss America 1~'ageant this year and requesting permission to string a 1~anner across Main Street and also across Grandview Avenue in frarut o1 the Wastiington Junior IPigh School and also asking per- mission to hold a parade on May 7th, 1955, and also requesting that the Mayor issue a Proclamation setting aside bhe week in recogni- tion of this event; presented and road, Couneiln~an Austin rrioved that the City Manager be au~thar- ized to communicate with Mr. Hawks in regard to the various re~ quests contained in his petition and also that the Mayor be au~ thorized to issue a Proclamation as requested. Seconded by Council- man Schueller, Carried by the fol• lowing vote: Yeas~Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-Mono, Absent-uCO'uncilman Kolb. Petition of Margaret C, Busch requesting ~a refund in the amount of $50,00 on 'the unexpired portion of Sher 'Class "B" Beer Permit No, 78, as rho has discontinued busi- ness on April 2'8, 1955, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed t0 draw a warrant in the amount of $50,00 in fa~ar of Margaret ~C, Busch to cover the amount of re- fund granted on the unexpired portion of her Class "B" Beer Per• mil Na. 78, Seconded ~~y Council- man Welu. Carried by the follow- ing vote: Yeas--Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays None. Albsont-aC'ouncilman Kolb, Proof o'f publication, certified to by the ,publishers, a statement of recevpts and also a list of claims for which warrants were dmawn during the month of March, 1955, pre- rented sand read. Councilman Sohueller moved that the proof of publication be received and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas--Mayor Kintzinger, Coun- oilmen Austin, Sohueller, WeIu, Nays-~-None, Absent=-Councilirian Kolb, Apri119, 195 Hon. Mayor and Members of bhe City Council, City of Dubuque, Iowa Gentlemen, With regard to the action enti- tied Delores Clary vs, the City of Dubuque, ~in which the plaintiff claimed damages from the City of Dubuque in the amount of $3000.00, for damages resulting from a fall January 25, 1955 at the crosswalk of the alley intersecting East Six- teenth Street between Central Ave- nue and Iowa Street; I have inves- tigated the same and find that the plaintiff did fall, as claimed, that the crosswalk was in a hazardous condition at the time, and that plaintiff sustained a fractured loft ankle and incurred substantial medical and hospital expenses and loss of wages. I have discussed the same with Mr. Connery, attorney for the plain- tiff, and he has agreed to accept $750,00 in full settlement of the claim, I recommend that this settlement be approved and the City Auditor instructed to issue a warrant in the amount of $750,00 payable to De- lores Clary and William T. Con- nery, her attorney, and deliver the same upon receipt of a properly executed release and the dismissal of plaintiff's faction, with ,prejudice at plaintiff's costs, Sincerely, T. H. NELSON Councilman Welu moved that the recommendation of City Solicitor Nelson be confirmed and the City Auditor instructed to draw a wary rant in bhe amount of $750.00 in favor of Delores Clary and William T. ~Connery, her attorney, and bhat said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release and the dismissal of plaintiff's action with prejudice at plaintiff's costs, Sec- ended by Councilman Austin, 'Car= Tied by the fallowing vote; T Special Session, April E5th, 1955 X15 Yeas--Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-'Councilman Kalb. Apri118, 1955 Hon, Mayor and Members of the City Counci'1 City of Dubuque, Iowa Gentlemen: With regard to the claim of An- na B, Quade, 2655 White Street, far damages sustained when she frac- tured her right wrist in a fall on an icy sidewalk January 25, 1955, you are advised that I referred the matter to theabutting property owner and subsequently entered into a settlement agreement in which bhe claimant agreed Ito ac- cept $175 in full settlement; bhe abuttingproperty .owner agreed to pay $87.50 and the City of Dubuque agreed to pay $87,50. I recommend that this settlement be approved and the Auditor in- structed to issue a warrant payable to Mrs, Anna Quade in the amount of $87,50 and deliver the same upon receipt of satisfactory re- leases, Sincerely, T, H, NELSON Councilman Welu moved that bhe reeommend'ation of City Solicitor Nelson Abe confirmed and 'the City Auditor instructed to draw a war- rant in the amount of $87,50 in flavor of Anna B, Quade, settle- ment in full of her claim, and that said warrant be delivered upon re- ceipt Eby the City of Dubuque of a properly executed release. Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- oilmen Austin, Schueller, Welu. Nays None. Absent-Councilman Kolb, April 14, 1955 Hon. Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: 'I have investigated bhe claim of Margaret M. Wiehl, 740 N. Belmont Avenue, Arlington Heights, Ill, and find no negligence on the part of the city and recommend that the claim ~be denied, Respectfully, T, H, NELSON Councilman Welu moved that the recommendation of City Solicitor Nelson be confirmed. Seconded by Councilman Austin, Carried by 'the fallowing vote: Yeas-Mayor Kintzinger, Coun• oilmen Austin, Schueller, Welu. NaysNone, Absent-Councilman Kolb. Apri118, 1955 Mr, J. J. Shea City Clerk Dubuque, Iowa Dear Mr. Shea: I herewith return to your files the petition and other documents concerning bhe vacation of the al- leybetween Grandview Avenue and Victoria Street. No plat of the proposed vacated area Chas been produced but the petitioners and no action can be taken until the same is done, Because of the long time lapse it is doubtful whether the signatures of the original petition constitute the present abutting property own- ers and for that reason I do not feel that the alley should be vacat- ed until a new petition, signed by all the present abutting property owners, is submitted, Sincerely, T. H, NELSON Councilman Austin moved that the communication of City Solci- tor Nelson be received and made a matter of record. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, A~pri118, 1955 .Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: On June 19, 1953 the City Coun- cil approved the recommendation of the Piianning and Zoning Com• mission bhat the alley between Lots 12 and 13 in Yates Subdivision be vacated and conveyed to~the abut- ting property owners, on condition that a plat of the vacated area be submitted, and referred the matter to this office for the .preparation of proper proceedings. The matter has been held in my file since that time, pending. the submission of a proper plat, none has 'been produced, and, in order to dispose of the same, I recommend that the enclosed ordinance vacat- ing the alley but retaining the title 21~ special Session, April 25th, 195 to the property in the City, be adopted. Sincerely, T, H, NELSON Councilman Austin moved that the recommendation of City Solci- tor Nelson be confirmed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb. ORDINANCE N®. 24.55 An Ordinance vacating the alley lying between Lots 12 and 13 in Yates' Subdivision in the City of Dubuque, Iowa, presented and read. Councilman Austin moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Welu. Carried 'by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent~Councilman Kolb, Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun- cilman Welu. Carried by the fol- lowingvote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb. ORDINANCE NO. 24.55 An Ordinance Vacating the Alley Lying Between Lots 12 and 13 in Yates' Subdivision in the City of Dubuque, Iowa. Whereas the Planning and Zoning Commission of the City of Dubuque has recommended the vacation of the alley lying between Lot 12 and 13 in Yates' Subdivision in the City of Dubuque, Iowa; and Whereas the owners of .all the prop- erty abutting on said alley have peti- tioned' far the vacation of the same and there appears to be no valid objection to the same; Now therefore, be it ordained by the City Council of the City of Du- buque, Iowa: Section 1. That the alley lying between Lots 12 and 13 in Yates' Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated; Section 2. That the City Clerk lie and he is hereby directed to file for record a duly certified copy of this Ordinance in the office of the County Recorder of Dnbugne County, Iowa. Section 3. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 25th day of April, 1955. Rule requiring reading on t]tree separate days suspended by unani- mous vote the 25th day of April, 1955. Passed, adopted and approved this 25th day of April, 1955. CHARLES A, KINTZINGER Mayor CLARENCE P: WELU RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest: J, J. Sltea City Clerk Published officially in The Tele- graph-Herald newspaper this 29th day of April, 1955. J. J. SHEA, It Apr.29 City Clerk Councilman Austin moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by bhe following vote: Yeas-,Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-'Councilman Kolb. April 8, 1955 Hon, Mayor and Members of the City .Council City of Dubuque, Iowa Gentlemen: I have examined the claim of Jennie Spear and since it appears on its face to be barred by the Statute of Limitations, I recom- mend 'the same be denied. Respectfully, T. H. NELSON Councilman Schueller moved that the recommendation of City Solicitor Nelson be confirmed. Sec- onded by Councilman Welu, Car- rigid by the following vote: Yeas~Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent^Councflman Kolb, Apri125, 1955 Hon. Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: The letter of Edmund M, 1'lein and Dorothy L. Plein, dated March 4, 1955, requesting reconsideration of their claim arising out of a sew- er installed Eby them in the City street and in which they ask allow- once in the amount of $300, was re- ferred to the City 11l~anager and City Solicitor, On investigation we find that al- though the title to the sewer is in the City from the time it was in- stalled, through amisunderstand- ing the maintenance was assumed by the Pleins up until last year. We also find that a small portion of the property abutting the sewer was City property and that an al- T Special Session, April 25th, 1955 217 lowance might be made in the na- ture of a connection charge, We therefore recommend that the offer of settlement of Edmund M, Plein and Dorothy L, Plein in the amount of $300 be accepted as full compensation for the mainte- nance of the sewer during the peri- od from its construction to 1954 and any connection charge, and for any other rights that said parties may claim in the premises, Respectfully submitted, T. H. NELSON L, J. SCHILTZ Councilman Welu moved that thee: recommendation of City Manager Sehiltz and City Solicitor Nelson be confirmed and the City Auditor in- structed to draw a warrant in the amount of $300.00 in favor of Ed- mund M, and Dorothy L, Plein. Sec- onded by Councilman Austin. Oar- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-~Couneilman Kalb. April 21, 1955 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen: The Dubuque Planning & Zoning Commission respectfully recom- mends to Your Honorable Body the granting of the petition of West- minster Presbyterian Church, Jahn W. Law, Chairman d~a~ted March 24, 1955. An inspection of the prem- ises indicates no actual alley now graded in the area indicated; it being a part of old Irving School yard, the' property on bobh sides now being owned by the Westmin- ster Presbyterian Church, Respectfully presented, The Dubuque Planning & Zoning Commission By R, V, McKay, Secretary Councilman Welu moved that the recommend~atian of the Planning and Zoning Commission be •ap- proved and proper proceedings pre- pared, Seconded Eby Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays--None, Absent-Councilman Kalb, April 5, 1955 To the Honorable Mayor and Gity Council, Dubuque, Iowa Gentlemen: In the past years diversified opinions have been heard sand con- siderable ill feeling has developed because of petitions submitted for changes to the Laeal Business Dis- tricts. Several petitions have been denied, not because the proposed use would be objectionable, but because of the other provisions of the Local Business District that would be allowed if the change were made, We have tried to sepa- rate the use classifications to elimi- nate the ones that have been the cause for objection, Therefor, we submit two local business districts, one titled Local Business A and the other Local Business B. This would replace the present Local Business District Classification, Al- so we have separated the present districts and recommended those to be placed in the A and B and those that have never been devel• oped as business and should re- vert to residential. Accordingly we herewith submit for your consideration and adop- tion the three ordinances designed to accomplish this. Respectfully submitted, R. V. McKay, Secretary, Planning & Zoning Commission Councilman Austin moved that the communication of the Planning and Zoning Commission !be re- ceived and made A matter of rec- ord, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kalb, ORDINANCE N0, 25.55 An Ordinance amending Ordi- nance No. 3.34 known'as the Zon- ing Ordinance by repealing Article V thereof sand enacting new Arti- cles VA and VB; and, amending Article X thereof by adding defi- nitions of "Drive-In" and "Drive•In Restaurants," presented and read. Councilman Welu moved that the reading just had be considered the first reading of bhe ordinance, Sec- onded ,by Councilman Schueller. Carried by ,the following vote; 218 Special Session, Apri125th, .1955 Yeas--JM~ayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays None. Absent-;Councilman Kolb, Councilman Welu moved that the rules be suspended requiring an or- dinance to be read on three sepa- rate days. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays~None. Absent-Councilman Kolb. Councilman Welu moved that a public hearing be held on the ordinance just read on the 6th day of June, 1955 at 7:30 P;M, and that the City Clerk be directed to publish notice of the hearing not less than 15 days before the date of the hearing. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-~Councilm~an Kolb, ORDINANCE N0. 26.55 An Ordinance amending Ordi= nonce No, 9.35 by repealing Sec- tion 17A thereof and enacting a substitute therefor, presented and read, Councilman Welu moved that the reading just had ,be considered the First reading of the ordinance, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb, Ordinance No. 26.55 An Ordinance amending Ordinance No. 9-35 by repealing Section 17A thereof and enacting a substitute therefor, Be It Ordained by the City Council of the City of Dubuque, Iowa: Soction 1, Tbat Section 17A of Or- dinance No. 9 35 be and the same is hereby repealed and the following en- ac*.ed as a substitute therefor: "Section 17A. The location oP the building shall be within Zoning Dis- trict Classified as Local Business Dis- trict B or lower Zoning Classifica- tion." Section 2. 'this Ordinance shall he in full force and effect from and after its final passage, adoption and pub• ]ication as by law provided, Introduced the 25th day of April, 1955. Rule requiring reading mi three separate days suspended by unanimous vote the 25th day of April, 1955. Fassod, adopted and approved this 25th day of April, 1955. gHARLIIS A. Ii,INTZINGER, ;4iayor CLARENCE P. WELU RU$EN V. AlTSTIN LEO N. SCI3UELLER Councilmen Attest: J..T. SHEA City Clerk Published officially in The Tele- graph-Herald newspaper this 29th day cf April, 1956. J. J. SHEA City Clerk it.4-29 Councilman Welu moved the adoption of bhe ordinance, Second- ed ~by Councilman Austin, Carried by She following vote: Yeas~Mayor Kintzinger, Coun- cilmenAustin, Schueller, Welu, Nays--None, Absent-~Cbuncilman Kolb, ORDINANCE N0, 21.55 An Ordinance amending the Zon- ing Map and Zoning Ordinance known as Ordinance No. 3.34 by changing the Zoning Classifica- tion of all area now zoned as Local Business Districts, presented and read. Councilman Welu moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Austin, Carried by the fol- lowingvote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Councilman Welu moved that the rules be suspended requiring an or- dinance to be read on three sepa- rate days. Seconded ,by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent--aCouncilman Kolb, Councilman Welu moved that a public hearing be held on the or- dinance just read on the 6th d!ay of June, 1955 'at 7:30 P.M, and that the City Clerk be directed to pub• lish notice of the hearing not less than 15 days before the date of the hearing, Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmenAustin, Schueller, Welu, Nays-None. Absent-Councilman Kolb, T Special Session, Apri125th, 1955 219 Apri118, 1955 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 March as well as list of claims and list of payrolls for which warrants were issued for the month of March, 1955, Respectfully submitted, L, J, SCHILTZ, City Manager Councilman Schueller moved that the reports be received and placed on file. Seconded by Coun- cilman Austin, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays~None, Absent-Councilman Kolb, April 25, 1955 To the Honoraible 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 ap- proval on same for filing, subject to the approval of the City Solici- tor: HEATING Alex Kollar, Western Surety Com- pany F. W. Hanselmann, American Cas- ualty Company Frank Berwanger Boiler Shop, Inc,, UiS. Fidelity & Guaranty Co, Fred W, Le'bben, Western Surety Company SIDEWALK Gilbert F, Roling, Western Surety Company Robert Shireman & Ed~gebert Mc- Namer, Merchants Mutual Bond- ing Co, Cyril Hanten, Western Surety Com• pony EXCAVATION Harry H, Miner (Key City Plumb- ing & Heating Co,), General Cas- ualty Company PERSONAL Gordon Cunningham (Golf PraBun- ker Hill), Western Surety Com- pany Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Wolu moved that the Bonds and Policy be approved and placed on file subject to the ap- proval of the City Solicitor. Second- ed by Councilman Austin, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb, Apri121, 1955 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; According to Section 12A of Or- dinance 21.55, the City Council may issue restricted plumbing li• senses to the person in direct charge of a full time maintenance crew whose work is devoted ex- clusively to the repair and main- tenance of the buildings and equi~p• ment of the firm employing him, A request has been received from Carr Adams & Collier Com- pany that Mr, Gerald L, Heller, their chief engineer, be issued a re• stricted plumbers license, Carr Adams & Collier Company and Mr. Heller comply fully wibh Section 12A of the ordinance and I recommend that the City Council grant a license and direct the Plumbing Inspector to issue such license, Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved and the Plumbing Inspector instructed ac• cordingly. Seconded by Council- man Welu, Carried by the follow• ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schuellor, Welu. Nays-None. Absent-;Councilman Kolb. Apri121, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In accordance with Ordinance No. 2.53, I herewith submit stand- ard plans and specifications for permanent sidewalks prepared by the City Engineer for your approv- al. I hereby recommend the approv- 220 Special Session, Apri125th, 1955 al of these standard plans and spec• ifications. Very truly yours, L. J, SCHILTZ, City Manager Councilman Welu moved that bhe recommendation of City Manager Schiltz be approved, Seconded by Councilman Austin. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-aCouncilman Kollb. RESOLUTION N0. 127.55 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that b'he standard plan and specifi• cations for sidewalk construction. in the City of Dubuque as required by Ordinance No. 2.53, as attached hereto, are hereby approved and ordered filed in the office of the City Clerk for public inspection and are to be considered a part of this resolution, Passed, adapted and approved this 25th day of April 1955. CHARLES A, KINTZINGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk 'Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent=Councilman Kalb. Apri125, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The communication of Roy A. Pregler submitting an offer in the amount of $101,00 for, the vacated street in Mineral Lot 337 was re• ferred to the City Council to view the grounds. Upon viewing the grounds, it was the opinion of the Council that this piece of property be re- tained by the City, I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J, SCHH,TZ, City Manageg Councilman Schueller moved that the recommendation of City Manager Schiltz be approved, Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas~Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb, April 25, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; The petition of Mary P, Hier re- questing suspension of 1954 taxes on Lot 37~North 24 feet of the East 170 feet of Davis Farm Addi- tion, was referred to the City Man- ager far investigation. I recommend that the taxes be suspended far 1954 because of the age of the petitioner, Respectfully submitted, L, J. SCIHLTZ, City Manager Councilman Schueller moved that the recommendation of City Manager Schiltz be approved and the Board of Supervisors to be noti- fied of the action of the City Coun- cil, Seconded by Councilman Aus- tin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. April 25, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Mary F. Brandt requesting suspension of 1954 taxes on the South 1/z of Lot 162, East Dubuque Addition, was referred to the City Manager for investiga- tion. I recommend that the City Coun- cil approve the suspension of these taxes due to infirmity of the peti- tioner. Respectfully submitted, L, J, SGHILTZ, City Manager Councilman Schueller moved that the recommendation of City Manager Schiltz be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Austin. Carried by the following vote: ( Special Session, April 25th, 1955 221 Yeas-'Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Apri125, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; The petition of Barbara Rahloff requesting suspension of 1954 taxes on bhe East 1/z of Lot 352, East Dubuque Addition, was referred to the City Manager for investigation. I recommend that the City Coun- cil approve the suspension of these boxes due to infirmity of the peti- tioner. Respectfully submitted, L, J. SCHILTZ, 'City Manager Councilman Schueller moved that the recommendation of City Manager Schiltz be approved and the Board of Supervisors to be noti- fied of the action of the City Coun- cil. Seconded by Councilman Aus• tin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman I{olb, RESOLUTION N0. 128.55 Whereas, the Schedule of Valua- tion and Proposed Assessments on the improvement of Grandview Avenue Extension with Hot•Mix, Hot-Laid Asphaltic Concrete Sur- facing has been adopted; and Whereas, due to a clerical error in the Schedule of Valuation and Proposed Assessments, the follow- ing assessments are listed: Wm, V. & Vcrena Toepel-E'/z of Lot 58 of Tschirgi &Schwinds Su'b.-$103,54, Joseph V, & Margaret Mai-W'/z of Lot 58 of Tschirgi &Schwinds Sub.-$272.97. Whereas, the City Council of the City of Dubuque desires to cor- rect these errors: Be It Resolved ~by the City Coun- cil that fhe following changes be made: Wm. V. & Verna Toepel-E~/z of Lot 58 of Tschirgi & Schwinds Sub.-$272.97, Joseph V. & Margaret Mai-W~/z of Lot 58 of Tschirgi &Schwinds Su!b,-$103,54, and the City Clerk and City Treasurer be directed to change the records accordingly. Passed, adopted and approved this 25th day of April, 1955. CHARLES A. KINTZ'INGER Mayor ~CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J, J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas--Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-Councilman Korb. Be It Resolved by the City Coun- cil of the City of Dubuque that the fallowing, having complied with th'e provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. George Woodhouse, 2930 Central Avenue Robert E, Hevey, 1D05 Rockdale Road Harriet Bush, 700 East 16th Street Fred Herber, Eagle Point Park (Transfer of address from 399 East 20th Street) Be It Further Resolved that the bonds filed with the applications be approved, Passed, adopted and approved this 25th day of AprIl, 1955. CHARLES A, KINTZIlVGER Mayor CLAR'ENCE P. WELU RUBEN V, AUSTIN LEO N, SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Schueller moved the adoption of the resolution, Sec- onded by Councilman Austin. Car ried by the fallowing vote;. Yeas-Mayor Kintzinger Coun• cilmen Austin,-Schueller, Welu. Nays-None. Absent-Councilman Kolb, RESOLUTION N0. 130.55 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 Council of the City of Dubuque that the 222 Special Session, Apri125th, 1955 following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Merlyn L. Weber, 1902 Central Avenue Carl N. Brant and Bernard N. Arensdorf, 2600 Central Avenue Dwbuque Baseball, Inc., Athletic Field-East 4th St, Joseph Frommelt, 1555 Central Avenue CLASS "C" PERMIT James Waul, 2850 Burlington St. George W, Woodhouse, 2930 Cen- tral Avenue Passed, adopted and approved bhis 25th day of April, 1955, CHARLES A. KINTZINGER Mayor CLARDNCE P, WELU RUBEN V, AUSTIN LEO N, SCHUELLER Councilmen Attest: J, J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution, Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas--Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays--None, Absent-Councilman Kolb. RESOLUTION NO, 131.69 Whereas, heretofore applications for Beer Permits were filed by the wibhin named applicants and they have received the approval of this Council; Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed praper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dwbuque that the Man- ager be and he is directed to issue to the following named applicants a Beer Permit, CLASS "B" PERMIT Merlyn L, Weber, 1902 Central Avenue Carl N. Brant and Bernard N. Arensdorf, 2600 Central Avenue Dubuque Baseball, Inc,, Athletic Field-East 4th St, Joseph Frommelt, 1555 Central Avenue CLASS "C" PERMIT James Waul, 2850 Burlington St, George W, Woodhouse, 2930 Cen- tral Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 25th day of April, 1955. CHARLES A. KINTZIlVGER Mayor OLARENCE P: WELD RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest; J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb, Mrs, Frank E, Williams, Sr, "High Heath" Buckhannon, West Virginia Mayor of Dubuque, Iowa Dear Sir; During the Easter Holidays, my husband and I visited at the home of our daughter and son-in-law, Mr. and Mrs. Douglas C, Talbott of Fenelon Place, Mr. Talbott is the engineer in charge of your Com- munity Television System. We were delighted with your in- teresting city especially because of the cleanliness of your streets and the county roads. On our way out we drove through many towns and Duibuque will stand out in our memory as the cleanest, and for that reason, the nicest of them all, We feel that the Mayor of such a town deserved a word of appre- ciation, and across many miles we say "Hats' off to the Mayor of Du- buque." Let us assure you that our tourist friends will be told about your clean and friendly town, More power to you, Very truly, Mrs, Frank E, Williams Mayor Kintzinger moved that the communication be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays~None, Absent-Councilman Kolb, There being no further business Councilman Schueller moved to ad- Special Session, April 25th, 1955 journ, Seconded by Councilman Welu, Carried by the following vote; YeasJMayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent^Councilman Kolb, J, J. SHEA, City Clerk Approved ................................1955, Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1955. Councilmen ...................................... Attest;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, City Clerk 223