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1952 November Council ProceedingsRegular Session, November 3rd, 1952 935 °'" i City Council (OFFICIAL) Regular Session, November 3rd, ~$2. Council met at 7:30 p.m. Present-Mayor Kolb, Council- men Austin, Kintzinger, Schueller, Welu, City Manager Schiltz. Mayor Kolb stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the question. of re- zoning Lot 5 in Hodge's Subdivision from Single Family District Class- ification to Local Business District Classification, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Welu moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 34-52 An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-13, designated Zoning Ordinance of the City of Dubuque as to change from Single F a m i l y Residence District to Local Bus- iness District Lot Five in Hodge's Subdivision, said ordinance havin been passed upon first reading an ordered placed on file for publi inspection for at least one wee before final adoption, was present ed for final adoption. ant single family residence district classification to local business district classification and Whereas, the Planning and Zoning Commission has recommended s u c h change; a8d Whereas notice of such proposed change has been given as provided to any and all interestedipartiesrand citizens to object tY,ereto at a public meeting held at 7:30 o'clock p.m. on the 3rd day of November, 1952. BY THE CET COUNCi L OFATHE CITY OF DUBUQUE: Section 1. That the Zoning Map and buque bar and it is hereby~t amended and changed by changing Lot 5 in Hodge's Subdivision from single family district ^.lasslfication to local business district classification Section 2. That this ordinance shall be in full force and effect immedi• ately upon its final passage, adoption and publication as provided by law. Passed, adopted and approved this Rrd day of November, 1952. RAy F. KOLB, Alayor. CLARENCE P. WELU RUBEN V. AUSTIN, LEO N. SCHUEt,LER, CHAP,LES A. I{INTZINGER, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Telegraph- Herald newspaper this 10th day of No• vember, 1962. J. J. Shea. City Clerk. Councilman Austin moved the adoption of the ordinance. Secon- ded by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kalb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of construction of a six (6) inch vitrified file san- itary sewer in Edith Street from g the existing manhole at the inter- d section of Edith Street and Brun- c swick Street to a point 124' feet k west, presented and read. No writ- - ten objections filed and no ob- jectors present in the Council Chamber at the time set for said ORDINANCE NO 34 • 52 public hearing. Councilman Welu AN ORDINANCE AMENDING AND E ZONING MAP OF moved that the proof of publica- CHANGING TH THE CITY OF DUBUQUE, As PRO- tion b~e received and filed and all VIDED BY ORDINANCE N0. 3-34, DESIGNATED ZONING ORDINANCE AS rior receedings rescinded. Sec- P p Councilman Schueller. d b d OF THE CITY OF DUBUQUE SO y e on TO CHANGE FROM SINGLE FAMILY Carried by the following Vote: RESIDENCE DISTRICT TO LOCAL BUSINESS DISTRICT LOT FIVE IN Yeas-Mayor Kolb, Councilmen HODGE'S SUBDIVISION. A u s t l ri, Kintzinger, Schueller, Whereas, John W. and Mae G. Lundin WeIU have petitioned the City Council of the . City of Dubuque, to rezone the here- inafter described area from its prds- Nays-None. 936 Regular Session, November 3rd, 1952 Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposald for the construction of a six (6) inch vitrified file sanitary sewer in Edith Street from the existing manhole at the intersection of Ed- ith Street and Brunswick Street to a point 124 feet west, present- ed and read. Councilman Welu moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas~Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None, November 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed 'bids were xeceived until 10 A.M., November 3, 1952, for the construction of a 6" sanitary sew- er in Edith Street. Two bids were received for this improvement amounting to 25 per cent over the engineer's estimate. The tabulation of bids is attached. I recommend that the bids for this improvement be rejected since it is far in excess of the amount which may legally be assessed against the benefited property. I also recommend that all pro- ceedings for the project be res- cinded at this time. Respectfully submitted, L. J. Schiltz, City Manager Councilman Austin moved that the recommendations of City Man- ager Schiltz be approved. Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kalb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of Mrs. Jean Carlson in an unstated amount for injuries received in a fall at the corner of 8th and Main Streets in front of Stampfers, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report, Seconded by Coun- Gilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilman Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of Edmund Mey er in the amount of $32.96 for damages to his car caused by a drop off on Henry Street, present- ed and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report, Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kolb, Councllmen Austin, Kintzinger, Schueller, Welu. Nays-None. Communication of C. E. Kelley, Attorney Chief, Real Estate Divi- sion, Corps of Engineers, U. S. Army, Offiee of the District En- gineer, Rock Island, Illinois, sub- mitting aFederal permit issued October 13, 1952, authorizing the construction of a pumping station in connection with a levee being constructed in and along the right bank of the Mississippi River, ap- proximately 580.5 miles above the mouth of the Ohio River, present- ed and read. Councilman Austin moved that the communication be received and filed and the Fed- eral permit placed on file. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Communication of The Key City Gas Company submitting fuel cal- culations based on cost of mater- ials as of October 1, 1952, present- ed and read. Councilman Kinzing- er moved that the communication be received and filed and the re- port placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Regular Session, November 3rd, 1952 937 AUTO.OWNERS INSURANCE COMPANY Lansing, Michigan October 31, 1952 Honorable City Clerk City of Dubuque Dubuque, Iowa Re: Execution of City License and Permit Bonds Dear Sir: We have given to our agent, Clarence H, Sanner, a Power of Attorney to sign License and Per- mit Bonds required by your City. We enclose a Certified Copy of this II Power of Attorney for your rec- ords. If there is anything further you require to make our bonds ac- ceptable to your Department, please advise us. Very truly yours, Bernard W. Gaul, Manager Bond Department Councilman Welu moved that the communication be received and made a matter of record and the Power of Attorney placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, 1Velu. Nays-None. AMERICAN TRUST & SAVINGS BANK Dubuque, Iowa October 27, 1952. Mr. J. J. Shea, City Clerk City Hall Dubuque, Iowa Attn: Mr. Holscher Under date of August 26, 1952 M. L. Gaber operating as M. L, Gaber Company assigned to us certain contracts as follows: Contract for the construction of a cast iron water main on Univer- sity Ave. from a point opposite the east lot line of Lot 9 in Lenox Add„ west, it feet north of the center line of the concrete pave- ment to a point opposite the west property line of Lot 28 in Lenox Add. Contract dated July 24, 1952 for the construction of a cast iron water main on Asbury Street from a point 27 feet east of the west property line of Carter Road, west, to the west property line of Lot 2 of 2 of Mineral Lot 263. Please be advised that our in- debtedness has been fully retired and we have no further interest in these contracts and therefore the assignment is hereby released. This letter is your authority to mark your records accordingly. Very truly yours, N. J. GRETEMAN Vice President Councilman Schueller moved that the communication be receiv- ed and made a matter of record. Second by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, VVelu. Nays-None. October 17, 1952 J, J. Shea, City Clerk City Hall, Dubuque, Iowa. Dear Mr. Shea: Enclosed here- with acceptance of Ordinance No. 30-52, signed by Chicago, Mil- waukee, St. Paul and Pacific Rail road Company by L. F. Doneld, Vice President. It is our understanding that you will present this acceptance for suitable action of Council making it a matter of record. Yours very truly, CLEWELL, GOONEY & FUERSTE, By Robt. W. Clewell ACCEPTANCE OF ORDINANCE "N0.30-52 The Chicago, Milwaukee, St. Paul and Pacific Railroad Company hav- ing knowledge of all the terms and conditions of Ordinance No. 30- 52, hereby accepts the same and agrees to abide thereto. Dated this 3rd day of October, 1952. Chicago, Milwaukee, St. Paul and Pacific Railroad Company By L, F. Doneld Vice President Councilman Welu moved that the communication and acceptance of Ordinance No. 30-52 be re- ceived and made a matter of record. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ~~ 1 938 Regular Session, November 3rd, 1952 Communication of M. P. Hogan with reference to the Blasting Bond of Saffron Construction Company and stating that he would appreci• ate a release from the City of Du- buque covering said Blasting Bond, presented and read. Councilman Welu moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. State of Iowa Department of Health Des Moines, Iowa October 31, 1952 Mr. John J. Shea, City Clerk, Dubuque, Iowa. Re: Permit No. 52.1285, 125 feet of 6 inch Sanitary Sewer on Edith Street, Dubuque, Iowa. For the attention of the Hon. Mayor and Council. Gentlemen: In accordance with the provisions of the Iowa Stream and Lake Pollution Law, Section 135.28, Code of Iowa, 1950, a per- mit is issued for the above project for which plans have been received in this office. This permit is is• sued subject to the following con- ditions and requirements. 1. The construction of this sewer will be in accordance with your specifications approved under Permit No. 52.815, dated July 16, 1952. 2. That planning for and con- struction of adequate treatment facilities for sewage and wastes originating inside the corporate limits will be continued in accord- ance with the resolution of the city, council No. 122-•52,, dated March 22, 1952. 3. The approval of these plans and the issuance of this permit do not constitute approval of the discharge of untreated wastes into the Mississippi River. Sinco this sewer extension will discharge into a 6 inch existing sanitary sewer and since it will only serve a maximum of three homes we are approving it in lieu of the recommended minimum size of 8 inch. If it is found necessary in the future, additional maintenance and cleaning will be provided to keep this sewer functioning prop- erly. We are retaining one copy of the approved plans for our files and returning the other copy to your city engineer. For the Com- missioner. Very truly yours, P. J. HOUSER, Director Division of Public Health Engineering Councilman Schueller moved that the communication be receiv- ed and made a matter of record. Seconded by Councilman Kintzing- er. Carried by the ofllowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Eleanor Smith Adams and George Adams requesting the vacation of the alley betweett,Stet- more and Concord Streets, present- ed and read. Councilman Welu moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Petition of Parker Bennett re- questing that he be given the op• portunity to purchase a small piece of city owned land described as Part of lot 2 of 1 and 2 of 2 of Mineral Lot 183 located on Rose- dale Avenue, presented and read. Councilman Austin moved the petition be referred to the City Manager for recommendation and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Joseph J. Ott request- ing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 124, as Regular Session, November 3rd, 1952 939 he has discontinued business on October 26, 1952, 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 Joseph J. Ott to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 124. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Petition of Ed. Stroupe and oth- ers requesting that a street light be installed on the existing tele- phone pole located near the inter- section of Robinson Street and the private alley west of the Telegraph- Herald building, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Electrical In- spector for recommendation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kalb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of John W. Riley and others requesting the installation of curbs and gutters on Seminary Street between St. Ambrose Street and Bunker Hill Road, provided the street grade is not changed, pre- sented and read. Councilman Welu moved that a plat and schedule be prepared cov- ering the request, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Dubuque County Tuberculosis and Health Assoeia- tion requesting permission to con- duct the annual "Bangle Day" tag sales on Friday evening December 12 and Saturday, December 13, 1952 and also stating that they wish to use a loudspeaking system from a Small booth in conjunction with this project, presented and read. Councilman Welu moved that the request be granted providing there are no conflicting dates and to adhere to the City Ordinance covering the use of loudspeaking systems. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Iowa Road Building Company requesting that they be granted an extension on their contracts for blacktopping streets from April 15th to May 30th, 1953, presented and read. Councilman Schueller moved that the request be granted pro- viding the consent of the Bonding Company is secured, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, Petition of Mrs. Frank Murray and others, residents and occupants of property in the vicinity of St. Joseph Mercy Hospital calling the attention of the City Council to the present and continuing condi- tion, method and use of the chim- ney or smokestack of St. Joseph Mercy Hospital and of St, An- thonys' Home and its effect upon the enjoyment of the property which they own or occupy and re- questing that the City Council give this complaint their earnest at• tention, presented and read. Councilman Welu moved that the petition be referred to the City Manager, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Andrew Conzett and others, owners of property on Glen Oak Street between University Avenue and Loras Boulevard, re- questing that this area be rezoned from single family to two family district, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission 940 Regular Session, November 3rd, 1952 for their recommendation and re- port. Seconded by Councilman Welu. Carried by the following VOt@: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of a state- ment of receipts and also a list of claims for which warrants were drawn during the month of Sep- tember, 1952, presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 36-52 An ordinance creating and es- tablishing apension and retire- ment system to be known and designated as the Dubuque Water Department Retirement System, providing for administration there- of and describing the benefits pay- able thereunder, said ordinance having been passed upon first read- ing and ordered placed on file with the City Clerk for public inspec- tion for at least one week before final adoption, was presented for final adoption. ORDINANCE NO. 36.52 An Ordinance creating and estab- lishing a pension and retirement sys- tem to be known and designated as the Dubuque Water Department Re- tirement System, providing for admin- istration thereof and describing the benefits payable thereunder. This Declaration of Trust made this 3rd day of November, 1952, by the City of Dubuque, Iowa, acting through its City Council, witnesaeth: Whereas, the Water Department of Dubuque, Iowa, is an instrumen- tality owned by the City of Dubuque, Iowa;- and, Whereas, it is provided by law and particularly by the provision of Chap- ter 412, Code of Iowa, 1950, as amend- ed, that the City Council of the City of Dubuque, may establish an an- nuity retirement system for the em- ployes of the Water Department of the City of Dubuque; and, Whereas, the City Council has de- termined it to be in the public In- terest and for the best interests of its employes that. such a pension and retirement system be established, Now Therefore, .the City Council does by this instrument create and establish a pension and retireme:~t system to be known and designated ps the "Dubuque Water Department Retirement System," which shall be maintained and administered as Pol- lows: ARTICLE I-Definitions The following words and phrases when used in this Retirement Sys- tem, unless the contest clearly indi- cates otherwise, shall have the fol- lowing respective meanings: 1. Employer: The Water Depart- ment at the City of Dubuque, Iowa. 2. Employe: A person in the em ployment of the Employer on or after the effective date who then has been employed by the Employer and who receives regular compensation from the Employer for personal services, and whose duties require substantially full time employment. 3. Service: The last continuou period of employment as an employe by the Employer immediately preced- ing retirement. A leave of absence granted by the Employer for active duty with the armed forces of the United States, shall not be consid• ered to break continuity oP employ- ment and shall be considered as service if the employe returned to the employment of the Employer within sixty (80) days after the ter- mination of such active duty. A leave of absence granted by the Em- ployer for other reasons, shall nut be considered to break continuity of employment and shall be consid- ered as service, if the employe re- turns to the employment of the Em- ployer on or prior to the expiration of such leave. 4. Earnings: The amounts before deductions agreed to be paid by the Employer to the employe for per- sonal services during the period of service considered hereunder. Earn- ings for all service prior to the ef- fective date will be assumed to be equal to the average of the earnings during the period oP service within the five (5) years immediately pre• ceding such effective date. Earnings of an employe during a leave oY ab- sence granted by the Employer for military service or other reasons w111 be assumed to be the amount which such employe would have received In the continued service of the Employer far the period of such leave computed at the rate of compensation paid for the job classification occupied by such employe during the last calendar month preceding such leave. 5. Annuity: A series of uniform monthly payments payable to a re- tired employe, the first such pay- ment to be made as of the beginning of the month following the date of retirement, and the last payment to be made as of the beginning of the month in which the death of the re- tired employe occurs. 8. Actuarial Equivalent: An actu- arial equivalent is a benefit of equiv- alent monetary worth to a specified benefit. The equivalency is based on actuarial computations taking into account probability of survival, dis- counting oP interest, and difference in annuity values due to the ditier- ence in retirement ages. 7. Effective date: December 1, 1952. ARTICLE II---Contributions 1. Employe Contributions: T h e Employer shall deduct three per cent (3%) of the earnings of each em- ploye, on or after the effective date and such deductions shall constitute Regular Session, November 3rd, 1952 941 the contributions of the employe. The amount of such contributions shall be subject to revision in accordance with the provisions for amendment of the system. The Employer shall make the contributions otherwise payable under this section by the the employe durng a leave of absence granted by the Employer to the employe for active duty in the armed forces of the United States and such contri- butions by the Employer shall be credifed to the account of the em- ploye and payable to the employe under the subsequent provisions hereof. 2. Employer Contributions: T h e Employer shall contribute from the earnings of the utility, in addition to the contribution of the employes, an amount equal to three per cent (S%) of the earnings of the quali- fied employes, or such amended per- centage as may be hereinafter ap- proved by the Employer, together with such funds as may hereinafter be allocated to supplement the fund and to amortize the remaining un- funded past service requirement over a period of years following the ef- fective date, ARTICLE III-Retirement The employment of each employe shall be terminated upon attainment of age sixty-five (65) unless by mu- tual agreement between the Employer and employe, such employe shall con- tinue in employment; but in no event shall any employe who has attained the age of seventy (70) be in the em- ployment after December 1, 1954. An employe shall be considered retired and entitled to an annuity upon the happening of any one of the follow- ing: (1) If employment is terminated after a[taimnent of age sixty-five (85) and after twenty (20) years oP service; (2) If employment is terminated by the Employer after attainment of age fifty-five (65) and after twenty (20) years of service; (3) If employment is terminated by the Employer for total and per- manent disability of the employe after ten (10) years of service; or (4) If employment of employe in service as of effective date is ter- minated after attainment of age sixty-five (66) and after ten (10) years of service or more. ARTICLE IV-Retirement Annuities An employe on or after attainment of ag'e sixty-five (65) shall be entitled to an annual Annuity, payable in equal monthly payments, equal to the sum of the following: (1) One per cent (1%) oP earnings during each year of service after the effective date; plus (2) Six-tenths of one per cent (.8) of earnings during the first five (5) years of service prior to the effective date; plus (3) Three-tenths of one per cent (.3) of earnings during each year of service prior to the effective date, ex- cluding the first five years provided for in item two (2), poviding such employe continues in service one (1) or more years after the effective date. Any employe retired prior to age sixty-flue (65) shall be entitled to an annuity beginning upon attainment of age sixty-five (85); the amount thereof to be determined as for re- tirement at age sixty-five (85), but considering only earnings and service prior to actual retirement. Such an employe, or if mentally incompetent, his guardian under order oP court, may elect to receive an annunity to begin on the day following actual retirement or upon any later date prior to age sixty-five (65), equal to the actuarial equivalent of the annuity otherwise payable. Any annuity of less than Ten Dol- lars ($10) per quarter shall be paid in a single lump sum actuarial equiv- alent. ARTICLE V-Death Benefits L'pon the death of an employe prior to termination of employment or upon tue death of a retired employe prior to receivng annuity payments equal to the sum of all his emplo> r contributions with earned interest, the Employer shall pay a death bene- fit equal to the sum of al] employe contributions with earned interest less the sum of all annuity payments paid under the provisions of this retire- ment system, if any. Such death benefit shall be paid to the benefi- ciary or beneficiaries designated in the last written instructions filed by the employe with the Employer or in the event no ouch beneficiary shall survive the employe, such benefits shall be paid first to the widow of such employe, if any shall survive him, and in the event no widow nor designated beneficiary shall survive such employe, then such benefits shall be paid to the estate of such employe. Such benefits shall be pay- able only upon proper proof having been presented to the Employer in accordance with such regulations as the Employer may establish Yrom time to time. ARTICLE VI-Separation Benefits Any employe upon termination of employment prior to death or retire- ment shall be entitled to a separation benefit equal to the sum of all can- tributiona made by the employe to this Retirement System with earned interest. Any rights of an employe under this Retirement System shall cease upon payment of a separation benefit. ARTICLE VII-Limitation of Benefits Nothing contained in this Declara- tion of Trust shall be construed as contract of employment between the Employer and any employe, or as creating aright in any employe to be continued in the employment of the Employer or as a ]imitation on the right of the Employer to dis- charge any employe with or without cause. ARTICLE VIII-Trust Estate Al] contributions together with the investments thereof and the income thereon, shall be held, invested and used for the exclusive benefit of this Retirement System. ARTICLE IX-Administration of Trust Estate The Trust Estate, which shall con- sist of all wntributiona, together with investments thereof, and the income thereon, shall be administered by the Employer. In such administration the Employer may use one or more of the following methods: (1) Such Trust Estate shall be ad- ministered by a Pension Board com- posed of five (5) members, conaiat- ing of the Cty Manager, City Treas- urer, and City Solicitor of the City of Dubuque, Iowa, ex-officio and two (3) employes selected by a majority of the employes by bi-annual election to serve for two (3) year terms, ar 942 Regular Session, November 3rd, 1952 (2) The Employer may contract with any legal reserve insurance com- pany authorized to do business In the State oP Iowa and to enter into contracts of [he character required for either individual or group policies as will in the Employer's judgment accomplish the purposes oP the Re- tirement System, and may use the funds in the Trust Estate therefor. In the event the Pension Board shall as Trustee administer any or all of the Trust Estate, they Shan do so subject to such rules and regulations as the City Council from time to time shall adopt and shall exercise al] other rights and powers ordinarily con- ferred upon Trustees administering Trust Estates under the laws of Iowa. As Trustees, the Pension Board shall have power to invest, reinvest, sell and exchange the trust funds, securities and property. In doing so, the Pension Board shall exercise that judgment and care under the circum- stances then prevailing which men of prudence, discretion and intelli- gence exercise in the management of thelt own affairs, not in regard to speculation but in regard to the permanent investment of their funds. considering the probable income as well as the Probable safety of their capital. Within the limitations oP the foregoing standard, the Pension Board shall not be limited to the acquisition and retention of any par- ticular security or property. Payments from the Trust Estate Wray be made for annuities, benefits and costs of administration, only up- on certificate or resolution of the Pension Board that the same are due and payable. In the event the Employer elects to contract for insurance, either in- dividual policies for the benefit of individual employes or group policies for the benent of all or a part of the employes, such contract or contracts of insurance shall Provide for pay- ment of the benef[ts and annuities to the employe or employes insured as provided in this Retirement Sys- tem, but the insurance company or companies which shall Issue the poli- cies shall have no other obligations than those expressed in the policies and shall have no o611gation to in• quire whether the requirements of the Trust have been met and no obliga- tion as to the application of [undo. No Insurance company shall be deem- ed sporty to or a beneficiary of the Trust. ARTICLE X-Liabilities of Trustees All payments of benefits as provided in this Trust shall be made solely out of the assets in the Trust and the Employer shall not be liable for any act or failure to act not amount- ing to a breach of good faith. ARTICLE XI-State or Federal Benefits Nothing in this Retirement System shall present any employe from re- ceiving benefits from any pension, annuity or retirement system hereto- fore or hereafter adopted by the State or Federal Government. The Employer may, but shall not be required to, take such action as in the exercise of its sole discretion it may determine necessary to secure the benefits of any such State or Federal System Por the employes or their dependents, AP,TICLE XII-Amendment 1'he City Council may amend this Declaration from tlme to time and in all respects provided only that no such amendment shoo permit any part of the Trust Estate to be used for or diverted to any other purpose than for the exclusive benefit of this Retirement System. , ARTICLE XIII-Termination The City Council reserves the right to terminate this Retirement System at any time. In the event the Trust Estate is being administered by the Pension Board as Trustee, then upon such termination the assets are to be liquidated by distributing to each employe or retired employe an amount equal to the death benefit which would have been payable if death occurred on the date of termination, plus such additional amount as can be provided by the remaining assets to make the total payable to each employe or retired employe In pro- portion to the actuarial equivalent of the annuity payable upon retire- ment at zge sixty flue (65) based on earnings and service to the date of termination. 1n the event the annuities and bene- fits for any employe or retired em- ploye are insured under a contract of insurance, upon termination such employe shall he entitled to receive 'he paid up benefits Purchased for him prior to such termination by both his contributions and those of the Employer in his behalf. AP.TICLE XIV-Miscellaneous Provisions 1. Construction• In the event a dispute shall arise over the proper construction to be given the meaning of any part of this Declaration the decision of the Pension Board shall be final and binding upon all parties. 2. Assignments: Annuities and bene- fits ie this Retirement System shall nut be subject to assignment, pledge, sale, garnishment or attachment and any such assignment, pledge, sale, garnishment or attachment shall be mill and void and the Pension Board as Trustee and any insurance com- pany or companies which may insure payment of any such annuities and benefits shall not be required to rec- ognize any such assignment, pledge, sale, garnishment or attachment. 2. Rules and Regulations: The Ci[y i;ouncil may from time to time adopt rules anal regulatiors for the proper administration of this Retirement System. 4. Records: The Employer shali maintain a separate set of records for this Retirement System which shall incude contribution accounts, minutes of meetings and such other pertinent records as the Employer may determine necessary. ARTICLE XV-Effective Date This Ordinance shall be in full force and effect on December 1, 1962, after its passage, acopuon and pub- lication as provided by law. Passed, adopted and approved this "rd day of November. 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A, KINTZINGER, Attest: Councilmen. J. J. Shea, City Clerk, Councilman Austin moved the adoption of the ordinance, Second• Regular Session, November 3rd, 1952 943 ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, October 11, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Plan- ning and Zoning Commission re- spectfully recommends to your Honorable Body denial of the peti- tion of Harold S. and Katherine A, Wagner requesting the rezoning of Lots 1, 2, 3, 4, 5, 6 Connolly's Sub. to Local Business Classification. Practically all the surrounding ad- jacent property owners object and therefore it would serve the public interest to deny same, Respectfully submitted, The Dubuque Planning and Zoning Commission By Richard V. McKay, Secretary Councilman Welu moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Attorney Romolo N. Russo ad• dressed the Council stating that he represents six residents who oppose the rezoning of the prop- erty owned by Harold S, and Kath- erine A. Wagner and requesting Council to approve the recom- mendation of the Planning and Zoning Commission denying the petition of Harold S. and Katherine A. Wagner. Councilman Austin moved that the recommendation of the Plan• Wing and Zoning Commission be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. November 1, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached petition of Mabel L. Het- land et. al. requesting the rezoning of the N.E. and S.E. Corners of Grandview Ave. and Dubuque•Cas- cade Highway to Local Business Classification, referred to the Plan- ning and Zoning Commisiion by City Council on September 2, 1952, the Planning and Zoning Commis- sion respectfully recommends to your Honorable Body denial of the petition, for the following chief reasons: First, such large commercial enterprises do not conform to the purposes of a Local Business Sec- tion. As the name implies, Local Business Areas are sections set aside in a Residential Area for small shops to take care of the more simple household needs. A Super Service Oil Station and Super Service Grocery are more or less interstate in purpose to serve the entire city and transient trade. Second, the development of such large enterprises in this section of Dubuque would create traffic and parking conditions which would necessarily harm this fine resi- dential area. Respectfully submitted. The Dubuque Planning & Zoning Commission By R. F. McKay, Secretary Councilman Schueller moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Eouncil- man Welu, Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Schueller, Welu. Nays-None. Councilman Kintzinger not vot- ing. October 6, 1952 Hon. Mayor and Members of the City Council City of Dubuque. Gentlemen: The communication of Mr. John C. Oberhausen as At- torney far Henry and Florence Feye regarding a refund of their sewer assessment was referred to 944 Regular Session, November 3rd, 1952 the City Manager and City Solici- tor for recommendation and re- port. This improvement was initiated by the petition of the property owners. Three separate hearings were had on the resolution of necessity and two separate hear- ings on the proposed levy of as- sessmests. At none of these hear- ings did Mr. and Mrs. Feye object to the improvement or the amount of the assessment although, prior to each one, they were notified of the proposed amount. After the levy they had thirty days in which to appeal to the District Court. This right appears to be an exclusive remedy, otherwise no sewer assess- ment would ever become fixed. We can find no injustice done to these petitioners and recommend their petition be denied. Respectfully submitted, L. J. SCHILTZ, City Manager T. H. NELSON, City Solicitor Councilman Austin moved that the recommendation of City Man- ager Schiltz and City Solicitor Nel- son be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. October 13,1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I would like to thank you for the opportunity of attend- ing the conference of city man- agers held at Kansas City from September 28th to October 1st. This conference is conducted with the thought of helping the city managers do a better job in their respective cities. I have acquired a great deal of information through this confer- ence from the standpoint of city administration and organizational leadership that can be used to very good advantage in Dubuque. Many of the problems discussed are similar in nature to those we have in Dubuque and by individual and group discussions we find the various ways that problems are solved. I feel that my attendance at this conference has given me additional knowledge that will help me to do a better job. Yours very truly, L. J. SCHILTZ, City Manager Councilman Austin moved that the communication of City Man- ager Schiltz be received and filed. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. October 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have a request for a street light at the intersection of Thomas Street and Fengler Street. I have investigated this request and recommend that a street light be installed at this intersection. Yours very truly, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. October 17,1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I herewith submit re• ports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of September 1952; also list of claims and list of payrolls for which warrants were issued for the month of September 1952. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the reports be received and placed on file. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger. Schueller, Welu. Nays-None, Regular Session, November 3rd, 1952 945 November 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Frank Reuter and others request- ing street lights on Asbury Street was referred to the City Manager for recommendation and report. A survey was made of the area annexed to the city and I recom• mend that street lights be installed at the following locations: 1) On Asbury Street, Pole No. 565FA. 2) At the intersection of Wood- lawn and Karen Road. 3) At 3096 Asbury Street. 4) At the intersection of Carter Road and Kaufman Avenue, 5) At 2245 Carter Road. 6) At the intersection of Karen Road and Carter Road, 7) At 2355 Carter Road. 8) At the intersection of Sem• inary and Bunker Hill. 9) Intersection of F a i r w a y Drive and Bunker Hill. 10) At the intersection of St. Ambrose Street and Fairway Drive. 11) On Pole No. 207.45-C on Bunker Hill. 12) Intersection of Pennsylvania and University. 13) At 2624 University. 14) Pole No, 207F3-10 at the in- tersection of Brown and University. 15) Pole No. 207F3.14 on Uni- versity. 16) Intersection of Austin and Lenox. 17) At the intersection of Brown and Lenox Streets, 18) Intersection of Inborn and Lenox. 19) Pole No. 207F3-C-13 on Lenox. 20 Alpha and Lenox, 21) At 3054 Pennsylvania Av enue. 22) Pole 207F4.18 on Pennsyl- vania. 23) At 2941 Pennsylvania. 24) On Pole Na. 207F4-14 on Pennsylvania. 25) Pole No. 207F4-10 on Penn- sylvania. 26) Pole No, 207F-3C on Penn- sylvania. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, October 31, 1952 Hon. Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen: The National Insti- tute of Municipal Law Officers will hold its annual convention on De- cember 1st, 2nd and 3rd, in Louis- ville, Kentucky. I have attended previous sessions of this organization and have found the same very helpful to me in carrying out the duties of this of- fice. I therefore request the authoriza- tion to attend this session at public expense, Respectfully, T. H. NELSON, City Solicitor Councilman Austin moved that the request be granted, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 715-52 A resolution authorizing the sale of the following described real es- tote, subject to easements, to the Dubuque Packing Company for the purchase price of $10,500,00. Commencing at the southwest corner of Lot 643, East Dubuque No. 2 Addition; thence northerly along westerly line of Lot 643 and 642 East Dubuque No. 2 Addition, a distance of 168 feet; thence north 69° 08' east a distance of 78,5' to the east property line of Lot 642, East Dubuque No. 2 Addition which is point of beginning; thence north 69° 08' east a distance of 583 feet more or less along a line which lies north of and parallel to the centerline of East Sixteenth Street Extended; thence north 12° 16' west along a line which lies 200' west of and parallel to the east edge of levee top; thence north 57° west a distance of 310' 946 Regular Session, November 3rd, 1952 more or less, along a line which lies 190' southwesterly of and para- llel to the centerline of Fengler Street extended; thence southerly along a meandering line which is the west bank of old Lake Peosta and also is the easterly subdivision line of Lot 20 Jaeger's Subdivision, all of Wiltes Dubuque, Railroad Ad- dition, and East Dubuque No. 2 Addition to point of beginning; presented and read. Councilman Austin moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further mrve that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion, Seconded by Councilman Schueller. Carired by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Councilman Austin moved that the Regularly Monthly Meeting of the City Council of December 1st, 1952 be postponed until December 9th, 1952. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0.716-52 Resolution setting time and place of hearing on Proposal to dispose of real estate. Whereas a Resolution, No, 775- 52, has been introduced in the City Council of the City of Dubuque, providing for the sale of the fol- lowing described real estate situat- ed in the City of Dubuque, Du- buque Ceunty,Iowa: Commencing at the southwest corner of Lot 643, East Dubuque No. 2 Addition; thence northerly along westerly line of Lot 643 and 642, East Dubuque No. 2 Addition, a distance of 168 feet; thence north 69° 08' east a distance of 78.5' to the east property line of Lot 642, East Dubuque No. 2 Addition, which is point of beginning; thence north 69° 08' east a distance of 583 feet more or less along a line which lies north of and parallel to the centerline of East Sixteenth Street Extended; thence north 12° 16' west along a line which lies 200' west of and parallel to the east edge of levee top; thence north 57° west a distance of 310' more or less, along a line which lies 190' southwesterly of and para- llel to the centerline of Fengler Street extended; thence southerly along a meandering line which is the west bank of old Lake Peosta and also is the easterly subdivision line of Lot 20 Jaeger's Subdivision, all of Wiltes Dubuque, Railroad Addition, and East Dubuque No. 2 Addition to paint of beginning; to Dubuque Packing Company, an Iowa corporation, for Ten Thous- and Five Hundred Dollars ($10,- 500); and Whereas before such Resolution may be adopted a public hearing must be had thereon; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: That a public hearing be held on said proposed Resolution on the 9th day of December, 1952, at 7:30 o'clock P.M. in the City Coun- cil Chambers in the City Hall in the City of Dubuque, Iowa, at which time and place all interested parties will be given an opportun- ity to be heard and that the City Clerk is hereby directed to pub- lish notice of said hearing once each week for two consecutive weeks in the manner provided by law, the last of which publications shall be not less than ten (10) days prior to said hearing. Adopted this 3rd day of Novem- ber A. D. 1952. RAY F. KOLB, Mayor CLLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLLER, CHARLES A. KINTZINGER, 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 Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Regular Session, November 3rd, 1952 947 RESOLUTION NO. 771-52 Be It Resolved by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a 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. Name Address Wartburg Seminary Snack Bar, 333 Wartburg Place, Hugo P. Ansel, 2203 Carter Road. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the fallowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0.778-52 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 licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Gerald C. Scherrer, 2995 Central Avenue. Hugo P. Ansel, 2203 Carter Road. Clarence P. Haupert, 1703 As- bury Street, Alfred E. Hedley, 509 Eighth Avenue. John J. Glynn, 659 Central Av- enue. Herbert Meyer and Mildred Meyer, 735 Central Avenue. Fred H. Cooper and Harold J. Love, 250 West 6th Street. Harold L. Steinhoff, 241 Main Street. Roger M. Bertsch, 326 Main Street. John Beecher, 2399 White Street. Ray Nicks, 521 East 22nd Street. Herbert J. McAndrews, 127 West 6th Street. Julius Miller, 1643 Central Av- enue. (Transfer of address from 1961 Central Avenue) CLASS "B" PERMIT FOR PRIVATE CLUB American Veterans of World War No. 2 (Amvets), 429 Main Street. CLASS "C" PERMIT Mrs, Agnes Zahina, 2649 Wind- sor Avenue. Frank J. Pusateri, 1296 Central Avenue. Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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 Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0.779-52 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be 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 the following named appli- cants aBeer Permit, 948 Regular Session, November 3rd, 1952 CLASS "B" PERMIT Name Address Gerald C. Scherrer, 2995 Central Avenue, Hugo P. Ansel, 2203 Carter Road. Clarence P. Haupert, 1703 As- bury Street. Alfred E. Hedley, 509 Eighth Avenue. John J. Glynn, 659 Central Av- enue. Herbert Meyer and Mildred Meyer, 735 Central Avenue. Fred H. Cooper and Harold J. Love, 250 West 6th Street. Harold L. Steinhoff, 241 Main Street. Roger M. Bertsch, 326 Main Street. John Beecher, 2399 White Street. Ray Nicks, 521 East 22nd Street, Herbert J. McAndrews, 127 West 6th Street. Julius Miller, 1643 Central Av- enue, (Transfer of address from 1961 Central Avenue) CLASS "B" PERMIT FOR PRIVATE CLUB American Veterans of World War No. 2 (Amvets), 429 Main Street. CLASS "C" PERMIT Mrs. Agnes Zahina, 2649 Wind• sor Avenue. Frank J. Pusateri, 1296 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB, Mayor CLLARENCE P. WELU, RUBEN V. AUSTIN, LEO N, SCHUELLER, CHARLES A. KINTZINGER, 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 Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. RESOLUTION N0.1B0.52 Preliminary resolution for the construction of (type and place of improvement) Perry Street Sani- tary Sewer and Lift Station with force main. Whereas, the City Council deems it necessary to institute proceed- ings for the construction of (na• ture of improvement with begin- ning and terminal points) an 8 inch sanitary sewer and a lift sta- tion and a 6 inch cast iron force main to serve all of Block 6 and Lots 1 to 20 inclusive of Block 15, and Lot 17 to 26 inclusive of Block 18 and Lots 7 to 26 inclusive of Block 7 and Lots 17 to 26 inclusive of Block 4 and Lots 19 to 27 in- clusive of Block 5, ali in Grand- view park Addition. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa; 1. That the City .Engineer is hereby instructed to prepare pre• liminary plans and specifications, an estimate of total cost, and a plat and schedule for said improve- ment. 2, That the property to be bene- fitted by said improvement is (gen• eral description of all property in district) an 8 inch sanitary sewer and a lift station and a 6 inch cast iron force main to serve all of Block 6 and Lots 1 to 20 in- clusive of Black 15, and Lots 17 to 26 inclusive of Block 18 and Lots 7 to 26 inclusive of Block 7 and Lots 17 to 26 inclusive of Block 4 and Lots 19 to 27 inclusive of Block 5, all in Grandview Park Addition and that the Council pro- poses to assess 100 per cent of the total cost of said improvement against said property. 3. The estimate of total cost of said improvement herein ordered shall include an estimate of the cost of engineering, preliminary reports, property valuations, esti- mates, plans, specifications, notic- es, legal services, acquisition of land, consequential damages or casts, easements, rights of way, construction, (repair) supervision, inspection, testing, notices of pub- lication, interest, and printing and sale of bonds. Regular Session, November 3rd, 1952 949 4. That C. A. Voelker, Ed. C. Kuehnle, and Earl R. Bush, are hereby appointed a committee skil- led in the knowledge of real es- tate values within the City of Du- buque, to appraise the present fair market value of each lot within such district and to file a written report of their appraisals with the Council. 5. That said improvement is hereby designated (Short Title) Perry Street Sanitary Sewer & Lift Station, with force main and may be referred to by such title in all subsequent proceedings. Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB Mayor CLARENCE P. WELD RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. November 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Hamilton Street with curb & gutter from East Prop- erty Line of Rhomberg Ave, to West Property Line of Garfield Ave., under construction by K-M Construction Company has bee n completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. L. J. Schiltz, City Manager Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Mayor Kolb. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin,"Kintzinger, Schueller, Welu. Nays-None, FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 781-52, Whereas, the contract for the improvement of Hamilton Street with curb and gutter from east property line of Rhomberg Ave- nue to wit property line of Garfield Avenue has been complet- ed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $1,436,94. That $1,237.74 of the cost thereof shall be assessable upon private property and $199.20 less $68.00 for use of City Equipment shall be paid from the Street Construction Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB Mayor. CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J. Shea City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Mayor Kolb. Carried 'by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 1822. Whereas, the contract for the im- provement of Hamilton Street with curb and gutter from east property line of Rhomberg Avenue to west property line of Garfield Avenue has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, ~a~~.»r~. a~~r*° 950 Regular Session, November 3rd, 1952 Be It Resolved, by the City Coun• cil of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds is- sued upon the above described im- provement in amount equal to the amount of his contract, less any retained percentage provided f o r therein. Passed, adopted and approved this 3rd day of November, 1952. Approved: RAY F. KOLB Mayor. CLARENCE P. WELU RUBEN. V. AUSTIN LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J. Shea City Clerk. Councilman Austin moved t h e adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, November 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Hamilton Street with curb & gutter from West Property Line of Lincoln Ave. to the East Property Line of Pres- cott St., under construction by the K-M Construction 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 Austin moved that the recommendation of City Man- ager Schiltz be approved. Second ed by Mayor Kolb. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 183.52 WHEREAS, the contract for the improvement of Hamilton Street with curb and gutter from west property line of Lincoln Avenue to the east property line of Prescott Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of es- timates, notices, inspection, and preparing the assessment and plat, now therefore, Be It Resolved by the City Council of the City of Dubuque, that the cost of said improvement is hereby determined to be $777.40. That $513.00 of the cost thereof shall be assessable upon private property and $264.40 shall be paid from the Street Construction Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of November 1952. RAY F. KOLB Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Second- ed by Mayor Kolb. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None Regular Session, November 3rd, 1952 951 (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice) RESOLUTION NO. 784.52 Whereas, the contract for the improvement of Hamilton Street with curb and gutter from west property line of Lincoln Avenue to the east property line of Pres- cott Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sche- dule showing the lots or parcels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is here- by directed to pay to the contrac- tor from the funds to be realized from the sale of improvement bonds issued upon the above de- scribed improvement in amount equal to the amount of his contract. Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB Mayor CLARENCE P• WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-I4ayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None November 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Apple Street with curb & gutter from North Property Line of Cleveland Avenue to the South Property Line of Oak Street, under construction by the K-M Con• struction Company has been com- pleted 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 Schiltz be approved. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 185.52 Whereas the contract for the im- provement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, Be It Resolved, by the City Council of the City of Dubuque, That the cast of said improvement is hereby determined to be $1,074.94 That $1,032,94 of the cost thereof shall be assessable upon private property and $42.00 shall be paid from the Street Construction Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of November 1952. RAY F. KOLB Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA CITY CLERK 952 Regular Session, November 3rd, 1952 Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (A Resolution Accepting Im• prorement and Directing the Clerk to Publish Notice) RESOLUTION N0. 186.52 Whereas, the contract for the im- provement of Apple Street with curb and gutter from the north pro- petty line of Cleveland Avenue to the south property line of Oak Street has been completed and the City Manager has examined the work and filed his certificate stat• ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, Be It Resolved, by the City Coun• cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sche- dule showing the lots or parcels of real estate subject to asses~ ment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is here- by directed to pay to the contrac• for from the funds to be realized from the sale of improvement bonds issued upon the above de• scribed improvement in amount equal to the amount of his con- tract, less-any retained percentage provided for therein. Passed, adopted and approved this 3rd day of November, 1952, RAY F. KOLB Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A. KINTZINGER 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 Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 161.52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the construc- tion of a six (8) inch vitrified the sanitary sewer in Edith Street from the existing manhole at in• tersection of Edith Street and Brunswick Street to a point 124 feet west, estimated cost $1,064.22, presented and read. Councilman Austin moved the adoption of the resolution- Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 788-52. Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now an file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed. 4. An estimate of the cast of the proposed improvement. 5. In each case the amount there- of which is estimated to be assessed against each lot, for the construction of a six (6) inch vitri- fied the sanitary sewer in Edith Street from the existing manhole at intersection of Edith Street a n d Brunswick Street to a point 124 feet west. 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 Regular Session, November 3rd, 1952 953 property owners at the time of the final consideration of this proposed resolution have on file with t h e City Clerk objections to the amount of the proposed assessments, 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 Enginner w h i c h 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 within 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- cial 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 per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of November, 1952. Approved: RAY F. KOLB Mayor. CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J. Shea City Clerk. Councilman Kintzinger moved that the resolution just read being a resolution ordering a sewer im• provement be now considered com- plete in form fFr 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-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 189-52. Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 797-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of a six (6) inch vitrified the sanitary sewer in Edith Street from the existing manhole at intersec- tion of Edith Street and Brunswick Street to a point 124 feet west and, Whereas, the 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 9th day of December, 1952, a public 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 sub- ject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, 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 property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to 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. 954 Regular Session, November 3rd, 1952 Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB Mayor. CLARENCE P. WELU RUBEN V. AUSTIN LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J. SHEA City Clerk, Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 190.52. Whereas, the City Engineer has prepared and submitted plans and specifications and proposed form of contract for the construction of a six (6) inch vitrified the san- itary sewer in Edith Street from the existing manhole at intersec- tion of Edith Street and Bruns- wick Street to a point 124 feet west, which plans, specifications and form of contract have herto- fore been approved by the City Council and are now on file with the City Clerk. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the City Clerk is hereby auth- orized and directed to advertise for proposals for the construction of said improvement according to said plans and specifications in the manner required by law. Passed, adopted and approved this 3rd day of November, 1952. RAY F. KOLB Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEA N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk Councilman Austin moved the ad- option of the resolution. Seconded by Councilman Schueller.. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. There being no further business Councilman Schueller moved to adjourn. Seconded by Councilman Welu. Carried by th e following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. J. J. SHEA City Clerk Approved 1953. Adopted 1953. Councilmen: l .................................. Attest : ........................................ City Clerk Special Session, November 28th, 1952 955 City Council (OFFICIAL) Special Session, November 28th, 1952. Council met at 4:30 P. M. Present-Mayor Kolb, Council- men Austin, Kintzinger, Schueller, Welu. City Manager Schiltz. Meeting called by order of Ma- yor Kolb. Mayor Kolb read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering Ordinance No. 37.52, An Ordinance repealing Ordinance No. 36-52. ORDINANCE N0. 37-52 An Ordinance repealing Ordin- ance No. 36-52, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun- cilman Austin. Carried 'by the fol- lowing vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE NO. 3T-52 Ordinance Repealing Ordinance No. 35.52 Whereas Ordinance No. 3G-52 en- titled "An Ordinance creating and establishing a pension and retirement system to be known and designated as the Dubuque Water Department P.etirement System providing for ad ministration thereof, and describing the benefits payable thereunder" was enacted November 3, 1952, to be ef- fective December 1, 1952; and Whereas the benefits of said sys- tem have not been accepted by the employees oP the Water Department or any contributions made or fund established thereunder; and Whereas it is not now deemed in the best interest of the City of Du- buque or its Water Department to establish such a system; Now therefore, be it ordained by the Clty Council oY the City of Du- buque: Section 1. That Ordinance No. 36.52 is hereby repealed and declared to be void and of no effeck Sectlon 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by ]aw. Passed, adapted and approved this 28th day of November, 1952. RAY F. Kolb, Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES KINTZINGER Councilmen Attest: J. J. Shea. City Clerk. Published officially in The Tele- graph-Herald newspaper thta 30th day ~f November, 1952. J. J. SHEA, City Clerk Councilman Welu moved the ad- option of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, Councilman Kintzinger moved that Mr. Allan T. Daykin be ap- pointed as a member of the Civil Service Commission, said term ex- piring March 31, 1956. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. There being no further business Councilman Kintzinger moved to adjourn. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. J. J. SHEA City Clerk. Approved - 1953. Adopted 1953. Councilmen: ~ .................................. Attest : ........................................ City Clerk