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1968 September Council Proceedigs Regular Session. September 2, 1968 48) CITY COUNCIL OFFICIAL Regular Sess;"n, September 2, I_. No members of the City Council being present the meeting was ad. journed subject to call. Leo F. Frommelt City Clerk. Approved ....................................1968 Adopted ........................................1968 ..-..-..........-......-...-........-.... .......................-......-.......................... ................---...................-............... ..-.............................-.........-.....- ......................................-.............- Councilmen Attest: """"""""œ;"ci;~k-"-'" Adjourned Regular Session, September 3, 1968 County of Dubuque, Iowa this 15th day of August, 1968. Harold P. Meloy Dubuque County Auditor By: F. W. Gavin Deputy County Auditor Councilman Pregler moved that the communication be received and filed and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. August 15, 1968 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Retirement Investment Corporation requesting the exten- sion of water and sewer outside the corporate limits to Heritage Manor. This petition was referred to the City Manager for study and report. 1 have met with the peti- tioners on two occasions and I recommend the following: 1. That sewer and water be ex- , tended to the proposed site of I Heritage Manor, the pipes to be of sufficient size necessary to serve the area and to be install- ed at the initial expense of the petitioner. An agreement would be drawn with the Retirement Investment Corporation requir- ing that construction be accord- ing to City Specifications; that the ownership of the complet. ed lines would be with the City; that the corporation would pay the applicable service rate charges for service rendered outside the City Limits; and that no other properties out- side the corporate limits would be allowed to connect to the lines. 2. It has also been requested that the corporation contract with the City for fire service. It is suggested that a contract for fire service be executed when the water line has been install- ed. Such a contract would be according to Ordinance 3-50 which provides, that the con- tractor pay an annual fee ac- cording to his assessed value multiplied by a rate, which covers all the fire fighting on the three representative sub- districts set out for Dubuque County resulted in the division of the 11th, 16th and 2nd precincts of the City of Dubuque, Iowa into two representative subdistricts to sentence because of the annexation of additional areas since 1960 to tbe 11th, 16th and 2nd precincts of the City of Dubuque, Iowa. The electorate in the area annexed since 1960 must, while voting at their respective precincts, be per- mitted only to vote for the repre- sentative candidate in the geo- graphical representative subdis- trict as same existed in 1960. 1. The County Auditor will in each of the precincts, namely the 11th, 16th and 2nd (if necessary), set up and designate separate vot- ing machine (machines) for the registered voters entitled only to vote for the representative candi- date in their proper subdistrict. 2. It will be necessary that in each of the aforesaid precincts a separate and distinct permanent registration book be set up for the Primary and General Elections for the registered voters entitled to vote in their proper subdistrict on the separate and distinct voting machine set up as mentioned for this purpose. 3. The separate and distinct permanent registration book for. mulated by the City Clerk's Perm- anent Registration Office be alpha- betized by voter's name in the same manner as all the other permanent registration books are set up with the addition of an al- phabetized list of the names of the streets involved in the desig- nated geographical area within precincts 11, 16 and 2 (if neces- sary). 4. A separate table and appro- priate election personnel will be designated by the County Auditor to conduct the voting procedure in connection with the separate and disinct voting machine for this purpose. 5. I further recommend that once t he separate and distinct permanent registration books are set up for the Primary Election that the same procedure be con- tinued for the General Election to be held November 5, 1968. In testimony, whereof, witness by signature and the seal of the 470 Adjourned Regular Session, September 3, 1968 CITY COUNCIL OFFICIAL Adjourned Regular Session, Sep- tember 3, 1968. Council met at 7;30 P.M. (D.S.T.) Present - May 0 r McCauley, Councilmen Couchman, Meyers, Pregler, Schultz. City Manager Gil- bert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made, this being an AD. JOURNED REGULAR MEETING OF SEPTEMBER 2, 1968, called for the purpose of acting upon such business as may properly come before the meeting. Communication of A. J. Rooney Secretary of Railroad Trainmen expressing thanks for having weeds cut on the Industrial Park along the Milwaukee tracks, pre- sented and read. Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Subject: State Representative Sub- districts, 11th, 16th & 2nd Pre. cincts To: Dubuque City Council and City Clerk I, Harold P. Meloy, the under- signed Au d i tor of Dubuque County, Iowa, do hereby list and set out the election procedure and requirements for the election reg- istration books to be used at the Primary and General Elections on September 3, 1968 and November 5, 1968, respectfully, as follows, to-wit: The requirements necessary for the Primary and General Elections of 1968 were brought about by legislative enactment of the 62nd General Assembly of Iowa which based the subdistrict's geographi- cal areas on the 1960 U.S. Census populatiou figures and the 1960 geographical precincts and town- ship boundaries existing at that time. This legislative enactment 471 costs of the City, plus $100.00. Such a contract would be on a year to year basis. It is recommended that permis- sion be granted to extend the water and sewer service to Heri- tage Manor and that permission to write a contract for fire service be granted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote; YeaS-:-Mayor McCauley, Council- men Couchmal1, Meyers, Pregler, Schultz. . Nays-None. Augnst 28, 1968 To the Honorable and the Members of the City Council Gentlemen; I am returning to you the peti- tion of Mr. Richard Henschel for street lights on Pego Court and Valentine Drive. n is recommended that a boule- vard light be installed on Pego Court and a regnlar street light be installed on Valentine Drive. The luminairs will be 175 watt mercury vapor. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. July 28, 1968 The Honorable Mayor and City Council Gentlemen; During the past several years many complaints have been re- ceived regarding the condition of a building and premises at 425- 429 Loras Blvd. I directed the Building Depart- ment to make a complete inspec- tion of the premises. This inspec- tion was made on June 24, 1968, and the following is the report; 412 Adjourned Regu1ar Session, September 3, 1968 AD i_ction of 4:15429 Loras BmJ.. -- made by HoUJing In- spectors, Harold Zimmerman ad Art N-. at \be req11e5t of )Ú. Doaald Bandy as !.be reault 01. .......-al complaints hav- jq been received h¥ the Coi.ty X-gel' and the Building De- partment. The inspeetiOfl fmds this to be ,an old tWð story brick dwell- q atrudme apparently de- signed as a duplex which his- toric documeBts liat ... "Fort IIn"'u"-", named after the urieinal .owner. '1'IøIgh there i. evidence of much deterioration, we fOUDCl the stnIctIIre to be basi£ally .-d haviDg large stone foun- dation being laid on solid rock. The leaking I'OQÍ ¡ were the cause of most of the deteriora. 1Ï1>n, but the'Oe have or are in the proeess of beiDg repaired. Note that the 1f1>rtb and West walls have deteriorated badly as the _ult Ðf leù:iag gutt- and rool's, but - are ÍSI. tile ,...,..,. of being ~d and covered with galvanized lat!o. ad aM to lie p astered with ...neat plaster. Tlae - ba11 of the sIruoture laeks a œmplete baD1 room, laclos a loot water beater P"'l'- erly installed and connected to the required fu<tures, lacks a properl,y installed electrical service. The floors and plaster are sand and In re.-.abJ-y good œm!itioD. Most !'110m. do "om- P1'r with the required 1NIDlber of e!.eetrieal Ðut1etS and aU rooms ~ with tile required nmnber of wmdtrws. TheN! is a definite need for more stor- age area. None of the bedrooms have closets though there is a la~ c- off the central hall- way. Presently there is nø meams of heating the struc1ue. 'l1Iere I. nee4 for a l'I'Operly iIutaIled heating syot.em. Pointing of the parapet walls and repairing or replacing any loose brick is a must. To far- ~ protect the structure it is """"mmettded to o:pp1y a pr0- tective coafing 'Which wm eor- _t the blighting appearance """'"'" by the lack of mainte- Danae and to preserve the wall from further detedœ'ati<>D. Most of tile interinr walls and œiliDgs in the east aection of the _e have been re- palee4 or painted.  number of additional electrical outlets have been or are in the process of being installed. TreDChing is Joeing done in the basement far what is re- ported to be the location of a new sewer line. Nothing .... been done tAl correct the interior deteriora- tion on the west bait of the JUucWre. There is no plumb- ing, no wiring and no heatil1g system. The exterior 'WeSt 'Wall is deteriorated but Is in the process of being rep8Ï1'ed. Boof rafters have been reo paired and a temporary roof has been installed which will .prevent further deterioration. We recollUl1CDd that a ta day DOtioe be issued to the 0WJ>0 or of the structure requesting - he submit tAl the Building Department a detailed plan of schedulecl improvements to bring the structure il1to com- pliance with the standards of the Minimum Housing Code of the City of Dubuque. Iowa. Previ<>w; to this report I inspect- ed the premises with Mr- Arthur Miller and Donald ;¡. Bandy. As a :reoaIt of this im;peetion and report I prepared !be foIlow- ÌIIg nøöce: NOTICE ;¡aty 5, 1968 TO: Arthur J. Killer A- M. Miller - Hempstead Street Dubuque, Iowa Owners of Lot 1 of subdtrision of Lot 3 of City Lot fiIIfI :iD the City of DKbaque, Iowa, tDown as 425 Loras Boulevard; and, Arthur J. Miller 24811 Hempsteacl Street Dubuqae, Iowa Owner of Lot 1 of Ißbdivitlion of Lot .. ....d Int 2 of suòdirision 41. Lot 7 of City Lot 661 in the City of Dubuque, Iowa, kDGwJt as 4211 Lons Boul......-d. I have p.....,naJ1y inspected the strnetures mown as 425 and 429 Loras Boutevud ancl _d on the above describecl real estate Adjourned Regular Session, September 3. 1968 413 in the CitJ of Dubnqlle, Iowa a.nd find the conditio"" as they have been reported to me by the Build- ing Department as substantially correct. A ""1'y "f whose report is here- by attached and by referem:e made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to correct the dangerous conditions as described in the attached report "r disman- tle the building. Yonn very truly, Gü:bert D. eøa..."elle City Maœger City of Dubul(Ue, Iowa I hereby certify that I servecl a copy of t!Ie abo.., notice on Arthur J. Miller "nd Au".,tta M. Miller on July 5, 1!168 Rudolf Vera This notice has not _n c0m- plied with and I recmnmend to the City Co1mcìI that the provi- sions of Ordinanoe 1>1<>. .'15-52 be enflm:ed and that the OWliers of said buildi.I¡g IDcated at 425-429 Loras Boulevard, and being on Lot 1 of ...bdivision of Lot 3 of Cit,- Lot 667 and Lot I of sub- division of Lot 4, and L<>t 2 of sub- division of Lot 7, Ðf City Lot 667 are in the City of Dubuque, Iowa, Lot I of ~ubdiyision <of ~ of City I.ot661 being owned by Arthur J. Miller, 2489 Hempstead Street in the City of Dubuque, .Iowa be œquired to dismantle the build- ing and clean up the premises. B.espectfulJy submitted, GUbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Schultz moved ap- proval of the reoommendation and a public hearing be held "n Oc- tober 7, 1968, at 7:30 o'clock P.M. in the Council Cham be.- at the City Hall and the City CJ.erk be ~CtOO to p1lhfu¡h DOtice of same as required by law. Seconded by tll\YOi' JoIcCauley. Carried by the following vote; Yeas-Mayor McCauley, Coun- ci!m.en Couchman, Meyers, Preg- ler, Schultz. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone preoent "ddress the Council if they so desire. SecGnd- ed by Councilman Schultz. CarriOO by the fDllowiJ1g "'*' Yeas-Mayor McCauley, eo-- CIlmen Collcl1man, Meyers, Preg- ler, Schultz. Nays-None. Attorney Dave LeifJoer stated that he is a representatiV<J for the neighbors in the area of 425-429 Lons IIl\<t!., relative to the prop- erty refelTed to as the Ritten- house. They are as1Wij¡ for equal protection of the law and desire 100% restoration of the P1'<>perty according to mininmm standards witlñn a short time or demolish the structure. He also stated that there is a confiict of interest in- -ed. Building Commissioller Band, stated that it is now knoJornI as "RestoratÎ4R Inc." and title to the property is iu the n_e of the corporation. The OIII'pO- evidently consists of Rev. Phillip Hamilton. Arthur J(iJler ...... Fred- erick Appel. September 3, 1968 To the Honorable Mayor and City CounCIl, Gentlemen; This ;" to advise that I have 'lPproved the following bonds" pol- lice¡ and certificate of insuran~ and desire to have your approval on same. CCMPREHENSIVE UASIUTY Louis Buechel, United States Fidel- ity & Guaranty Co. Curtis Straub Company, Phoenix Assur"""" cu. CERTIf'K:ATE OF INSURANcE Rhomberg Fur Company, t!t a1, Employers Mutual Casualt,- Co. SIDEWALK Merlin Goerdt, d/b/a G<>erdt Ex. cavating, Mercbants II{ u t Dol Bonding Company Hartmann Construction Co., Mer- chants Mutual Bonding Com- pany Elroy 1. Hinz, d/b/a Elroy J. Hinz Construction Compan:r, We!IterD Surety Company William L. Phmips, Western Sure- ty Company Richard Ru.cieD, Merchaats Mutuol Bonding Company Respectfully, Gilbert D- ChaveneUe City MaDager 474 Adjourned Regular Session, September 3, 1968 Councilman Pregler moved fil- 1173 1954, Curb & Gut- ing of the policies and bonds ter Project No.1.. subject to approval of the City 1175 1955, Asphaltic Solicitor. Seconded by Councilman Concrete - Hot Meyers. Caried by the following Mix-Hot Laid Proj- vote; ect ................"........ Yeas-Mayor McCauley, Coun- 1177 1955, Bituminous cilmen Couchman, Meyers, Preg- ~oncrete Surfac- ler Schultz. ¡ng """"""""""""" Na s-None 1179 1955, Concrete y . Curb & Gutter September 3, 1968 Project No.1........ To the Honorable Mayor 1180 1955, Con c r e t e and City Council Curb & Gutter Gentlemen: . . 1190 ~Jr,:~,;;,o'lv~:"& I am enclosIng for your coJlSld- Asbury Road San- eration a fol"mof informal bid for itary Sewer arid traffic signal equipment to be in- Lift Station stalled on the Iowa Street Project. 1191 Esther & -r;:;~;;;; ~ have reque.sted equip:~nt ::: S t r e eta Sanitary pliers to subnut proposa ep - Sewer .................... ber 9th. I have suggested this 1192 1956, Asp h a I tic fOl"m of bid in order to secure the Concrete Surfacing signal equipment just as soon as Project No.1...... possible. 1193 1956, Curb & Gut- I request that you affirm this ter Project No.1.. bid procedure. 1194 1956, Bituminous Respectfully, Con~rete Surfacing G!lbert D. Chavenelle 1195 ~~d~~' 1 ii'~'~';¡; City Manager Blackhawk and Fox Driv'e San- itary Sewers ........ 1201 Ramona & Ade- line Streets San- itary Sewer .......... 1202 1957, Curb & Gut- ter Project No.1.. 1203 1957, Bituminous Concrete Surfac- ing Proj. No.1.... 1205 Boulevard Lights, Cambridge at Dev- on Drive and Princeton .............. 1957, East 6th Street Paving ...... Total Transfer to the General Spe- c i a I Assessment Councilman Couchman moved approval of the City Manager's request. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. September 3, 1968 To the Honorahle Mayor and the Members of the City Council Gentlemen; In accordance with Ordinance No. 51-56, I recommend that the City Council approve the transfer of funds available in the follow- ing Special Assessment Fonds, to the General Special Assessment Fund. Fund No. Amount 1140 1953, Curb & Gut- ter Project No.2 ..$ 1,990.14 1142 1953, Program - Bituminous Con- crete Surfacing.. 2,660.93 1155 1954, Bituminous Concrete Surfac- iM ....".................... 1,531.88 1172 1954, Water Main Project No.1...... Amount 4:1.22 1,964.99 2,207.09 1,897.53 1,391.48 474.35 2,144.01 196.00 1,239.35 967.65 1,057.40 962.61 226.87 2,216.52 767.74 113.24 130.28 Fund ......................$24,202.28 Under the same authoritv. I al'o recommend that the following amounts be transferred from the General Special Assessment Fund to the Following Special Assess- ment Funds in order to balance those accounts with a credit (red) balance. Fund No. Amount 1139 1953, Water Main Program No.1 ......$ 691.51 1189 1955, Water Main Project No.1........ 571.24 Adjourned Regular Session, September 3, 1968 475 1196 Chaney Road Sani- tary Sewer .............. 42.96 1197 1957, Water Main Project No.1........ 13.17 1198 Montana and Mer- feld Lane Sanitary Sewer ........................ 2,737.25 1957, Concrete Pav- ing with Integral Curb ........................ 147.28 1957, Concrete Curb & Gutter Project No.1........................ 107.81 1206 1956, Kane Street Water Main Project No. I ........................ 209.51 1959 Sidewalk Pr0- gram No.1............ 1,547.27 1959, Central Ave- nue Lighting Proj. ect No.2................ 124.72 1959, 4th Street Sanitary Sewer & Lift Station .......... 289.78 1961, Kerper Boule- vard Sanitary Sew- er """'..............."...... 155.30 1960, Mississippi Heights Boulevard Lights """"""""""" 121.92 Total Transfer from the General Special Assessment Fund ..$6,759.72 The primary purpose of the above requests are to close out inactive Special Assessment Funds. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved ap- proval of the Manager's recom- mendation. Seconded by Council- man Couchman. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. September 3, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning CommIssion bas held a public hear- ing on a proposal to change from Single Family Residence to Mul- tiple Family Residence, property described as Block 25, Lot 4-Lots 19, 20, & 21 of Block 10, Sunset Park Subdivision. This property is located west of Kennedy Boad north of the Old Timer's Supper Club. The access to this property will be from a new street running in a westerly direction from Ken- nedy Road. At the present time, all abutting property except the Supper Club is undeveloped. At the hearing, no one was present to speak in opposition to the pro- posal. n is the recommendation of the Planning and Zoning Commission that the proposal be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Councilman Meyers moved ap- proval of the recommendation and that same be referred for proper proceedings. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays - None. I'll .1 , I August 20, 1968 To The Honorable Mayor And City Council Gentlemen; Herewith submitted for your consideration is a proposed ordin. ance establishing a license and rules for operation of public coin- operated laundromats and coin- operated dry cleaning units. The ordinance provides for hours of operation where attend. ant is not present and certain safety and health provisions. We have contacted one of the petitioners who have complained about the conditions of a certain launderette and find that most of the disturbances occur after 10;00 P.M. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays - None. Communication of Carroll C. Clark operator of the Point Laun- derette, objecting to the proposed Laundromat ordinance, presented and read. Councilman Pregler 476 Adjourned Regular Session, September 3, 1968 lDÐ'Oed that the communieation be I ORDINAN~E NO. 56-68 received amd filed. Seeønded by An Ordinaru:e vecoling tlte alloy Councilmen Couchman. Carried by locoted _h 01 Lot. 3D, 31 ond the fnüowiJtg vote: 32 of Vote. Subdiv- of Out. Yeas - Mayo< McCauley Coun- lot. 708 end 713 in the City of ..'!me!! Couehman Meyers' Preg- Dubuque, Iowe, which sholl be ler Schultz. ' , hereafter known ond plotted a. N .....-None Lot "c" 01 Votes Subõrv¡sion, 2Y. presented and read. Mr. Art Oelb, owner ..f the Councilman Couchman moved Laundry Village at 516 Loras ad- that the reading just had be con- dressed the Council by stating sidered the first reading of the that in his Ð'!>lnion It is a matter OrdiJl.ance. Seconded by Council- of principle. He could not under- man Pregler. Carried by the fol. stand why all the laundromats in lowing vote: tl1" City should be penalized be- Yeas - Mayor McCauley, Coun- cause one seems to pose a prob- cilmen eouchman, Meyer", Preg- !em. Only two laundromats out of ler, Schultz. fourteen stay open twenty four Nays-None. hours a day. Ins place of business Councilman Couchman moved closes at ten o'clock. :Mr. Oeth that the rule requiring an Ordin- stressed the point of un,lust &c- ance to he read on three separate cusation against all laundromats days be waived. Seconded by Coun- in general. Mr. Jim Gibbons and cilman Pregler. Carried by the Ifl-. E. J. Elston, openltors of the following 'tOte; laundromat at 13th & -, stated Yeas - Mayor MeCanley, Coun- that they are open all nIght, but oilmen Cottchman, Meyers, Preg- have DO) problems. The present ler Schultz owner of the laundromat at 1111 Nays-No;"'. Loras Blvd. also objected ta tbe unfairness of th" proposed OYdil>- ance. The objectors from II... point ar-ea were in attendaDCe voicing 1heõr objeetiO!ll to the operation ....,¡ laek of control at the point l8nd..-ette at 11100 Lincoln ATe. .., C.....,II Clark _ed that he contacted the Secretary 011 his as- lIOCiation. ...ho informed him that Cedar Rapids aDd Des Moines have .... ordinance reguiMtng the opera- tion a[ launtUomats. ORDfNAHCE NO. SUB An Oråononce rogulafins coin- operated laundry and dry claon. ing establishmonts. requiring licensing thereof ond providins penolities ior vi..lation hereof, presented and read. Mayor McCauley moved that ac- tion 011 coin_ted launl!romats be SIIspended Dntil September 18, 1M, in order to give the City JIO11ager ancI opent.. an oppoo:- tunity to discuss an agree-to Seeoncled by CouncìIman Couch- ~ Carried by the followil1g vote; Yeas - Mayor McCauley, COIln- eUmon Couchman, Meyers, l'reg- !er, Schultz. Nays-NoDe. COUNCIL RECESSED AT 9:00 PM. RECONVENED AT 9:10 P.M. Adjourned Regular Session, September 3, 1968 Councliman Couchman moved by Mayor McCauley. Carried by the final adoption of the Ordinance. following vote; Secouded by Councilman Pregler. Yeas-Mayor McCauley Council- C8lTied by the following vote: men Couchman, Meyers,' Pregler, Yeas-Mayor McCauley, Council- Schultz. =':.t~ucbm&ll, Meyers, Pregler, Nays-None. Nays-None. RESOLUTION NO. 384-68 WHEREAS that alley located South of Lots 30, 31 and 32 of Yates Subdivision of Outlots 708 and 713 in the City of Dubuque, Iowa, has been platted by a plat dated July 1, 1968, prepared by Cuilen.Schiltz & Associates, Inc., and which property shall hereafter be described and known as Lot C of Yates Subdivision in the City of Dubuque, Iowa; and WHEREAS said plat conforms to the Statutes of Iowa and Ordi- nances of the City of Dubuque relating to the platting of real estate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of that alley located South of Lots 30, 31 , and 32 of Yates Subdivision of 1 Outlots 708 and 713 in the City of Dubuque, Iowa, which plat bears the date of July 1, 1968, prepared by Cullen-Schiltz & Associates, Inc., be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of said plat in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen "'~;~~io. 3. That the CItY C'e'" .. .nd he " he..by .,th...,.... ... ca-... to ",",U.. no.ce of ,..... .. .b.... of ..., e',"" ., is by low prnvfd"'. "'Hm- ep,...- - -'" - ". day of '""tom",- '968. 'm"'" McCeo'ey ".vor ......., ""'F. ~ CITY cr.... ""b'~'" "",.11. ,. ... Te- M...... Ne......... - 6tn d.. of SOp.- ....-".. Lao F. ........... CItY CI.... l ~... Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded 4T1 Petition of Sertoma Club re- questing permission to sell light bulbs to raise funds for the pur- chase of equipment for the Retard- ed Sheltered Workshop, presented and read. Councilman Meyers moved that the petition be grant- ed. S e con d e d by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Fuhrman Realty Co. requesting rezoning of Lot 2 of Vorwald Place No.2 from Single Famity Residence District Classifi- cation to Multiple Family Zoning classification, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Conrad COnstruction Co. requesting permission to exca- vate in Westway Drive to repair a water break, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering De- partment. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of James Lex request- ing rezoning of Lot 1 of 1 of 3 of 1 and Lot 1 of 2 of 1 of 2 of 3 at 1 of Inghland Farm from Single Family Residence District Classifi- cation to Multiple Family Resi. dence District Classification, pre- sented and read. Councilman Pregler moved that the petition be ",ferred to the Planning" Zoning Commission. Seconded by Council. I 'I lill I Ii 1111: I [i ,I, II] ,¡II III I II: I: "I I,ll IIJ il I¡ii I l1li 418 Adjourned Regular Session, September 3, 1968 man Meyers. Carried by the fol- lowing vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Dan Mihal requesting a refund of $50. on a transient merchant's license, to partially help alleviate his loss, and he was only able to use the license thir- teen days, presented and read. Councilman Schultz moved that the refund of $50. be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the follow- ing vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler. Schultz. Nays-None. Petition of George V. Wets, re- questing a refund of $75. on the unexpired portion of cigarette li- cense No. 133, as he has discon- tinued business on August 23, 1968, presented and read. Council. man Schultz moved that the re- I fund be granted and the Auditor instructed to issue proper warrant. , Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers. Pregler, Schultz. Nays-None. RESOLUTION NO. 385.68 ACCEPTING DELIVERY OF DEEDS FOR THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R.15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to authorization and direction of said Loan and Capital Grant Contract, has ac- quired for the public purpose of implementing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: . Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15 is hereby ratified and accepted by the City of Dubuque. Grantor and Property De.criptlon Appel's Crystal Clean, a Co-Part- nership. Deed dated August 6, 1968. Recorded in Book 196, Page 412-Lot 244 and the South one- half of Lot 245 in the City of Du- buque, Iowa, according to the Unit- ed States Commissioners' map of the Town (now City) of Dubuque, Iowa. (parcel 7-6) First National Bank of Du- buque, Iowa, as Executor of the Estate of Bertha Jungwirth, de- ceased. Deed dated Juty 31, 1968. Recorded in Book 196, Page 390- Undivided one-third interest in the Northerly 53 feet of Lot 179 in the City of Dubuque, Iowa. (parcel 8. 12) Clarence Jungwirth. Deed dated July 5, 1968. Recorded in Book 196, Page 391-Northerly 53 feet of City Lot 179 in the City of Du. buque, Iowa (Parcel 8-12) Clarence Jungwirth and Eliza- beth 1. Jungwirth, Hazel Wills and Lester Wills, Lorraine Noonan and John Noonan, Arnold Jungwirth and Eunice Jungwirth, and Shirley Eymann and Donald Eymann. Deed dated May 14, 1968. Record- ed in Book 196, Page 393-The Northerly 53 feet of Lot 179 in the Town (now City) of Dubuque, Iowa, according to the United States Commissioners' map of the Survey of said Town (now City) of Du- buque. (Parcel 8-12) Harry Phillips and Lillian T. Phillips. Deed dated August 1, 1968. Recorded in Book 196, Page 389-The North 13 feet of Lot 19 and the South 26 feet 6 inches of Lot 20 in the Town, now City, of Dubuque, Iowa, according to the United States Commissioners' map thereof. (parcel 11-3) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record- er in and for Dubuque County, Iowa, is hereby ratified. Section 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the office of the Re- corder in and for Dubuque County, Iowa. Adjourned Regular Session, September 3, 1968 Passed, approved and adopted purpose of serving garage and this 3rd day of September, 1968. driveway in connection with the Sylvester McCauley property of said Guy C. Hyatt be Mayor and the same is hereby approved. Walter A. Pregler Section 2. That the City Clerk Merlin F. Schultz be and he is hereby authorized and Donald R. Meyers directed to file a certified copy of Gaylord M. Couchman this resolution in the office of the Councilmen recorder in and for Dubuque County, Iowa. Passed, approved and adoþted this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman CouncìImen Attest; Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, ColUlcil- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 386-68 WHEREAS on the 19th day of August, 1968, the City Council of the City of Dubuque, Iowa, passed, adopted and approved Resolution No. 370-68 which among other things authorized the conveyance to Guy C. Hyatt Lot 15A of Block 10 in Grandview Park in the City of Dubuque, Iowa, subject to cer- tain terms and conditions; and WHEREAS that said Resolution and conveyance provided that no improvements be installed by the purchasers on any portion of said described Henderson Street with- out the first prior written approval of the City Manager, and in the event that any improvement is erected or located by the respec- tive purchasers on any portion of the real estate described, then title thereto revert to the City of Du- buque as to the whole tract; and WHEREAS the said Guy C. Hyatt I proposes to erect an improvement on the property hereinabove de- scribed 11 feet in width, same being an adjunct to driveway and garage; and WHEREAS the City Manager has examined the plan of said im- provement and approves the same. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed improvement to be made by Guy C. Hyatt shall extend no more than 11 feet into the real estate hereinabove described for the 479 Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on pendency of resolu- tion of necessity for public im- provements on proposed plans, specifications, form of contract and cost of construction of the Diane Court Sanitary Sewer and Storm Sewer 1968, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity for construction of Diane Court and Sanitary Storm Sewer were mailed by certified mail to property own- ers of record according to the books of the County Auditor on August 8, 1968, presented and Adjourned Regular Session, September 3, 1968 read. Councilman Pregler moved decision of this CouDcll upon all that the statement be received and objections which have been filed filed. Seconded by Councilman to the plans, specifications and Couchman. Carried b)I' the follow- form of cost said improvement be ing vote; made a matter of permanent rec- Yeas--MaJ'O" McCauley, Council. ord In connection with said im- men Couchman, Meyers, Pregler, provement. Schultz. Passed, adopted and approved Nays-None. this 3rd day of September, 1968. Decision of Council upon objec- Sylvester McCauley tions to plans, specifications, Jlayor form of contract and cost of Walter A. Pregler improvements. Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 480 RESOLUTION NO. 387-68 WHElIEAS, proposed plans and specifications and form of contract for the Construction of the Diane Court Sanitary and Storm Sewer- 1968 have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 3rd day of September, 1968, and WHEREAS, the Cit)l' Council met In regular adjourned session this 3rd day of September, 1968, 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, specifica- tions or contract for or cost of the improvement herein described and propOSed to be made; and WHEREAS, all interested par- ties have been given an opportu- nity to be heard and aII objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, s¡>eCÜications, contract for or cost of said improvement herein de. scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, )(eyers, Pregler, Schultz. Nays-None. (Necessily for Improvement) RESOLUTION NO. 351-68 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of the Diane Court Sanitary and Storm Sewer-19()8. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel. fare to make the herein mO!!- tioned improvement, and unless Adjouroed Regular Se&ùon, September 3, 1968 481 proper\)' OWllerS at the time of the final consideration of this pr0.- posed relOlutiolD have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. SsJd Improvements shall be con- strueted and done in accordance with the plans and specifications which have been l'rePVed there- fore by the City Engineer which have been approved by the City Conncil and are now on file with the City Clerk. That the cost and ""Pense of making ssjd iInprove- ment will be assessed upon and aga!11S\ all privately oWlled prop- erty tying within _sssble dis- tance provided by law and bt ... amount not to exceed the _ant provided by law, property will be asseSHd whether the ...... abuts thereolD or is adjacent thereto ac- cording to area and in proportion i to the special benefits conferred thereby, al1d ""Y deficiency ,hall be paid out of the sewer funds. Sewer Bol1ds shall be issued and sold in anticipation of deferred payments of assessments whel1 a colDtract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portiOl1 of all)l' street or assessment district shall be as- .....,d to and paid by the railway comPIlJ1Y. The above resohltioD was iJrtro. duced, approved and ordered placed on file with the Cit)l' Clerk this 11th day of August, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 3rd day of September 1968. SYlvester J4eCauiey Mayor Walter A. Pregler Merlin F. Schultz DoaaJd R. Meren Gaylord M. Cow:hman Counci1- Attest: Leo F. 1I'rDIIlDIClt City Clerk Counellmsn Couchman m 0 v e d final adoption of \be resolntion. Seconded by Councilman Ma,..... Carried by the folIowlDg vote: Y"""-Mayor McCauley, Council. mea CoIIdunm, Meyers, Pregler, Schultz. Nays......HolDe. (~rin9 Construction) «IiSOLUTION NO. 388-68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that plU'SUut to a res- olution of necessity No. 351.68 which was duly passed by this Council, for the Diane Court Sani. tary- and Storm Sewer-laGS be and the same are hereby orderec and constructed by this Coul1e1l upon Its 0,", motion ...e! with or without the petiticm of property owners. All the work shall he tOB- structed in accord...... with the plans and s¡>ecifications hereto- fore adoptee! and DOW Oft file in the offiœ of the City Clerk. BE IT J'URTHEJt RESOLVED that the cost SlId expense of the said improvements be paid for by levying special a-menta against the private1y' owned property ly- ing within the asoel$8ble distance from the improvclIlOAts, whether slll'h property abut upon the same or are adjacent thereto, accOl'din¡ to the area thereof and iD propor. tion to the special benefits con- ferred, and any deficiency will be paid out of the general, Improve. ment, or sewer fund. of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bends or with Sewer Bonds to be il!Slted In utlelpetion of deferred payments of assess- ments as p...mded b)I' law after the work has been completed and ac- cepted ..,. the City Councl1. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad. vertise for proposals for the con- structiOI1 of the various iml'rove- ments herein provided for In the manner provided by law, the said impro_ts shall be completed 011 or before 60 <lays after ootiÆe to proceed has been issued. BE rr FURTHER RESOLVED that this resolution being deemed urgent and of ùnmedtate "",,"ssity shall be in force and effect from and after its passage and adop- tion by the City Cowaeil. I II 11:1 'I, II, 1.:1 III III: 1111 ,I, II Ii II1I Ii! ,Iii Ii: ,¡II'.i ]' ']1 H II!i ".1 482 Adjourned Regular Session, September 3, 1968 Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas-Mayor lIIccáuley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 389-68 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED 'by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Thelma F. Mardauss, 1091 White Street Francis T. Kohl, 1700 Central Ave- nue Cyril Meitl, 1555 Central Avenue Arsenius A. Hanson, 107 Locust Street Robert J. Bowen, 58th Avenue Disabled American Veterans Club, Inc., Plaza 20, 2600 Dodge Street Emma M. Scherer, 1187 Iowa Street Leona R. Friedman, 620 East 16th Street Michael F. Pusateri, 2560 Dodge Street Theodore J. Ferring, 385 East 13th Street CLASS "c" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Walter W. Knoll, 205 Kaufmann Avenue Ray Papin, 2635 University Ave- nue Randall's, Inc., Plaza 20, 2600 Dodge Street Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following ,vote; Yeas-Mayor McCauley,. Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 390-68 WHEREAS, 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 occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Thelma F. Mardauss, 1091 White Street Francis T. Kohl, 1700 Central Ave- nue Cyril Meitl, 1555 Central Avenue Arsenius A. Hanson, 107 Locust Street Robert J. Bowen, 5 8th Avenue Disabled Americans Veterans Club Inc., Plaza 20, 2600 Dodge Street Emma M. Scherer, 1187 Iowa Street Leona R.'Friedman, 620 East 16th Street Michael F- Pusateri, 2560 Dodge Street Theodore J. Ferring, 385 East 13th Street CLASS "c" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Adjourned Regular Session, September 3, 1968 Walter W. Knoll, 205 Kaufmann Avenue Ray Papin, 2635 University Avenue Randall's, Inc., Plaza 20, 2600 Dodge Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 391-68 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA UQUOR CONTROL ACT-cHAPTER 123-as amend- ed by the 60th General Assembly, 1963. CLASS "c" COMMERCIAL ESTABLISHMENT American Veterans of World War IT and Korea Post #3, 36 West 4th Street Thelma F. Mardauss, 1091 White Street Leo B. Grass, 1105 University Ave- nue John Cavanaugh, 698 Central Ave- nue 483 Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman m 0 v e d adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 392-68 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "c" COMMERCIAL ESTABLISHMENT American Veterans of World War IT and Korea Post # 3, 36 West 4th Street Thelma F. Mardauss, 1091 White Street Leo B. Grass, 1105 University Ave- nue John Cavanaugh, 698 Central Ave. nue Passed, adopted and approved this 3rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 484 Adjourned Regular Session, September 3, 1968 Councilmm Meyers moved adop- I At the conclusion of the executive lion of the resolution. Seconded session and return by the Council by Couneilmaa Couchman. Carried to the Council Chamber Council- by the following vote; man Schultz moved to adjourn. Ye_ayor McCauley, Council- Seconded by Councilman Pregler. men Couchman, 1\Ie)'ers, Pregler, Carried by the following vote; Schultz. Yeaø-Mayor McCauley, Council- Nayo-None. men Couchman, Meyers, Pregler, Mayor McCauley moved that no- Schultz. . tice be served on the owner to Nays-None. remove a shed off Keymont Drive. ~o F. Frommelt Seconded by Councilman Schultz. CIty Clerk Carried by the following vote; Yeas-Mayor McCauley, Council- I men Couchman, Meyers, Precler, Approved ....................................1968. Schultz. Nayo-None. Mr. Chas. Scherrer, owner of the Canfield Hotel, made inquiry of the Council as to the acqulsition of parking area, near the hotel, I ................................................................................. of ground now under the control ~:.¿rr~:~ ~nd':ti~: -:'~Ul~ro::,~ I ...--.----......--........................................... made by July 1st, but no commit- ments have been made afs yetd' I -..--...---...---...--..........-... Being it affected the sale 0 Ian III Mr. Scherrer's case Councilman Pregler moved that the Council I ----......----..-............ go Illto executive session with Mr. Scherrer. Seconded by Mayor Mc- ~:;;ey. Carried by the following I """""-""""""""""""""""Cõüiïciiïiïëïi""""'" Yeas-Mayor McCauley, Council- men Couchman, Meyers, Preiler, ~~:":"'N.ne. I Attest: """""""""""""ëïtÿ"'ëï~k"" The executive session was in progress from 9;35 to 10;00 P.M. Adopted ......................................1968. Special Session, September 9, 1968 485 September 6, 1968 Honorable Mayor and City Council City of Dubuque City Hall Dubuque, Iowa 52001 Gentlemen; Interstate Power Company re- quests consideration of a special election for the purpose of renew. ing its franchise. The current fran- chise expires On July 9, 1971. We are pursuing franehise re- newal before the expiration date due to the capital investmellt plans that must be made for proj- ects in the next three years, which include: New substation facilities; a new 69-KV transmission loop line to further insure reliability of service to the City of Dubuque; and continued expansion of our present system into new develop- ments. The large capital investment necessary to complete the above projects which are immediate and also those which are long term require that we renew our fran- chise. We are attaching a copy of our 25-year franchise ordinance for Dubuque. The franchise ordinance sets out the terms and conditions similar to the existing franchise. We submit this for your consider- ation and respectfully request an election date of October 11, 1968. Respectfully yours, R. J. Dyer District Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Respectfully, Schultz. Gilbert D. Chavenelle Nays-None. City Manager ORDINANCE NO. 57-68 Councilman Pregler moved that An Ordinance of the City of Du. filing of the policy be approved buque, County of Dubuque, State subject to approval of the City of Iowa, granting to Interstate Solicitor. Seconded by Councilman Power Company, a Delaware Cor. Schultz. Carried by the following poration, its succ..sors and a.. vote: igns, a non-exclusive right and au- Yeas-Mayor McCauley, Council- thority to erect, install, construct, men Couchman, Meyers, Pregler, reconstruct, repair, own, operate, Schultz. I maintain, manage and control in Nays-None. electric plant within the corpo... CITY COUNCIL OFFICIAL Special Session, September 9, 1968. Council met at 7:30 P.M. (D.S.T.) Present - Mayor McCauley, Councilmen Couchman, Me y e r s, Pregler, Schultz. City Manager Gilbert D. Chav. enelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of or- dering an election on the Renewal of an Inlerstate Power Company Franchise for a period of twenty.. five years, and acting upon such other business as may properly come before a regular meeting of the City Council. Printed Council proceedings for the month of June 1968, presented for approval. Councilman Pregler moved that the Council proceed- il1gs for the month of June 1968 be approved as printed. Seconded by Councilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. NaYS-None. September 9, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and desire to have your approval on same. COMPREHENSIVE LIABILITY J. & T. Contracting Inc., Employ- ers Mutual Liability Insurance Company. 486 Special Session, September 9, 1968 IOWA, AS FOL- ate limits of said municipality and an electric transmisison and dis- tribution.. system.. consisting.. of poles, wires, conduits, pipes, con. ductors, and other fixtures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, bridges and public grounds of said municipality for the pur. pose of producing and furnishing electric energy for light, heat, pow. er, and other purposes to said I municipality and its Inhabitants for a period of twenty.five (25) years from and after the passage, approval, and publication of this Ordinance according to law, and prescribing terms and conditions under which the Company Is to operate, and repealing Ordinance No. 15-46, presented and read. Councilman Couchman m 0 v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. a.GE ~~~'¡,', u'" of ,"ee". The compa,.', I..n,ml..lon and dlo- f,ibutlon "",,", pol.., wi"', ",ndull" ~~g:,"'7!:~I? .::,ri~!:ied,a~,.Je"J'.urt~ ma,""lned '" .. '° not Int..f..e wllh any "IY ,m""" In,ludln. "ee, 10"led on pub, I' p,opertY. and '" a, not to int..f... wllh any Imp,ovemen" the oIlY may deem p,ope, 1o make. °' 10 unn"""",lIy hind.. °' ob",uct the "eo u'" of 'he "..et" alley', b,ld.e', °' oth.. pub," p,opert». 487 company ~añd the ,omoany pay ..Id ,ha....., Section III. STANDARDS OF SERVICE a. GENERAL CONDITIONS The com- ft:nYenA~~~h:~I':"":~~~';I~~ \'.\al~~~~ condItion Ihat II will furnl,h ,ate, ode- Quafe. eff1denl and ",ntlnuou, ,",YI". 488 aNI ...,....". _a.. ...ulti... m.~'~". -- Ix. EXTENSION ON NON-PUB- LIC STREETS -,. ... ....,rIc II.. Is ."'-Y ... In tho fUtu,e ",not""" an.....e.. In In. «<!>O"" "mils of the dIY, .. - ex""'" 0' .. h...a"er exto"". ... In a ,""",c - I ...,....or bo 0- .. Includ. ..Id U.. .-of- och $I'oot, ,old Un. requlrod to .. a" .- In. torms ° " "en- .. en YO"'" iaw ,n lis ,hell Ordl- '.ctrle o..,ov""..-..-':::!,.".; Inls 9th ..Iembo', ,,"- 5vlve"e, McCauley Mavo, Walt., A. .reola, Merlin F. Schultz Donald R. Moven G=~ CouChman ,....tl LaO F. F'ommo. CItY Cia'" ACCEPTANCE OF OUBUQUE ELeCTRIC FRANCHISE Interst'" Powe' Com.anY, a D.lo. wo.. Corpo,o"on. horobv mOl'1s Ih. .led,le "onenl.. o,antod by cllY nt Do- ~~u'1;.~::'o, J~~' t~'~o~~nJ'°bv 57~: tern.. a" eondltlo", .., torth In ,.Id O,dlnonce a.. ao"" to ..rto,m all condItIon' ...roln ..t lorth. 11. 10/1' Councilman Couchman moved adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote; Yeas-Mayor McCauley, Council. men Couchman, Meyers, pregler, Schultz. Nays-None. RESOLUTION NO. 393-68 Resolution ordering election of the franchise of Interstate Power Com. pony, a Dela..re Corporat'-. WHEREAS the City Council of the City of Dubuque has this day granted a franchise to Interstate Power Compuany, a Delaware cor- poration, to maintain and operate existing electric distribution sys- tem and construct extensions there- to within the Limits of City of Du- buque, Iowa, subject to the ap- proval of the voters of the City of Dubuque at a Special Election; and WHEREAS, it is deemed advis- able and necessary and in the pub- lic interest that the proposition re- ferred to above to be submitted to the qualified voters of said City for their approval. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seeion 1. That at a Special Elec- tion to be held in and for the said City of Dubuque on the 11th day of October, 1968, from 7:00 o'clock in the morning until 8:00 o'clock in the evening. Central Daylight Saving Time, there shall be sub- mitted to the qualified electors of said City, to be by them voted upon, the proposition of granting to Interstate Power Company, U Delaware corporation, the fran- chise adopted by Ordinance No. 57-68. Section 2. That said election on said proposition shall be held in the several voting precincts of said City as prescribed for Special Elec- tions in said City and as delimited by Ordinances Numbered 7-52, 37. 56, 67.60, 54,61, 20-62, 21-62, 22-62, 23-62, 7-63, 33-64, 34-64, 35-64, 4-67, 5-67, 6-67, 7-67, 39-67, 79-67. Special Session, September 9, 1968 489 Section 3. That paper ballots shall be used for voting upon said proposition and that the City Clerk be and he is hereby authorized and instructed to cause paper ballots for voting on said proposition to be prepared in substantially the following form: (NOTICE TO VOTERS; For an affirmative vote on the fol- lowing propostion, make a cross (X) mark or a check (Ii) in the square after the word "YES." For a negative vote, make a similar mark in the square following the word "NO.") "SHALL THE FOLLOWING PUB- lJC MEASURE BE ADOPTED?" Shall the following public measure as set forth in Ordinance No. 57-68 as enacted by the City Council of the City of Dubuque, on the 9th day of September, 1968, granting unto Interstate Power Company, a Delaware corporation, its succesors and assigns, a non-exclusive right and authority for a period of twenty-five years from and after the passage, approval and publica- tion of said Ordinance to erect, install, construct, reconstruct, re- pair, own, operate, maintain, man- age and control an electric plant within the corporate limits of said II municipality and an electric trans- mission and distribution system consisting of poles, wires, conduits, pipes, conductors, and other fix. tures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, bridges and pub- lic grounds of said municipality for the purpose of producing and furnishing electric energy for light, heat, power, and other purposes to said municipality and its inhabi- tants and prescribing terms and conditions under which the com- pany is to operate and which re- peals Ordinance No. 15-46 be adopted? YES 0 NO 0 Section 4. That the City Clerk shall have ballots for absent voters prepared to be used for voting on the aforesaid proposition on yel- low colored paper in substantially the following form, with facsimile signature of the City Clerk on the bade thereof: (NOTICE TO VOTERS: For an affirmative vote on the fol- lowing propostion, make a cross (X) mark or a check (Ii) in the square after the word "YES." For a negative vote. make a similar mark in the square following the word "NO-") "SHALL THE FOLLOwmG PUB- lJC MEASURE BE ADOPI'ED?" Shall the following public measure as set forth in Ordinance No- 57-68 as enacted by the City Council of the City of Dubuque, on the 9th day of September, 1968, granting unto Interstate Power Company, a Delaware corporation, its succesors and assigns, a non-exclusive right and authority for a period of twenty-five years from and after the passage, approval and publica. tion of said Ordinance to erect, install, construct, reconstruct, Ie- pair, own, operate, maintain, man- age and control an electric plant within the corporate limits of said municipality and an electric trans- mission and distribution system cousisting of poles, wires, conduits, pipes, conductors, and other fix. tures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, hridges and pub- lic grounds of said municipality for the purpose of producing and furnishing electric energy for light, heat, power, and other purposes to said municipality and its inhabi- tants and prescribing terms and conditions under which the com- pany is to operate and which re- peals Ordinance No. 15-46 be adopted? I Ii III I1II Special Session, September 9, 1963 Dalad ttu. 12th dov 01 octob.' "".. INTERSTATE POWER COMPAlfY Bv ~: ::: WI~.J::-~~\Ory (Co...,ot. ..." Publlohod officially In The T""'- Hora,d Now,.a..' "'0 I6Ih dov of octo- ba' '968. L.. F. F'o- C" Clark YES 0 NO 0 (Back of Ballot) OFFICIAL BALLOT For Interstate Power Company, Franchise Special Election, Du- buque, Iowa Voting Precinct the..............day of..............,I968 (Facsimile Signature) City Clerk. Seetion 5. That the Mayor is hereby authorized, empowered and instructed to issue a Proclamation and notice of the submission of said proposition at said Special Election of the time and place thereof by publication once each week for four consecutive weeks in "The Telegraph-Herald," a news- paper of general circulation print- ed and published in said City, the last of which publications shall not be less than five nor more than twenty days prior to said Special Election. ..- 490 Special Session, September 9, 1968 Section 6. That for said election MAYOR'S PROCLAMATION the Judges and Clerks of said elec- Notice of Special Election tion of the respective election pre- Public Notice is hereby given cincts shall be those regularly em- that at a Special Election to be ployed to conduct the aff81rs of held in and for the said City of the Spe"!"l Election as approved Dubuque, on the 11th day of 00. by the City Councll. tober 1968 from 7:00 o'clock in The Clerks and Judges approved the ';'orning until 8;00 o'clock in by the City Council are prol1er per- the evening, Central Daylight Sav- sons to act in accordance WIth Sec- ing Time, shall be submitted to tion 49.12, et seq., of Chapter 49 the qualified electors of said City of the 1966 Code of Iowa. Up~n to be by them voted upon the the closing of the polla for s81d proposition of granting to Inter- election, said Judges and Clerks state Power Company, a Delaware shall file reports of the results ~n corporation, the Franchise adopted said propostion with the City and approved by Ordinance No. Clerk in order that results may 57-68. be canvass<;d and. officially de- At said election paper ballots clared by this Council. . . will be used and ballots be pre- Section 7. That this Council pared therefor will have printed shall meet on the next ~cular ~ay thereon the proposition and in sub- following the date of s~d electi~n stantially the following form; in the Council Chamber m the City Hall in the City of Dubuque, Iowa, (NOTICE TO VOTERS; at 7:30 o'clock P.M., Daylight Sav- For an affirmative vote on the fol- ing Time to canvass the results of lowing propostion, make a cross said election. (X) mark or a check (v) in the Section 8. That pursuant to the square ~er the word "YES.:' For provisions of Iowa law, Interstate a neg~bve vote, make a .sunllar Power Company, a Delaware cor- mark ~n t~~ square folloWIng the poration, shall pay all costs ~nd word 'NO.) expenses incurred in the holding "SHALL THE FOLLOWING PUB- of said Special Election and the LIC MEASURE BE ADOPTED?" City Auditor is hereby instructed Shall the following public measure to keep a strict accounting of all as set forth in Ordinance No. 57-68 such costs and expenses and ul1on as enacted by the City Council the competion of the canvassm~ of the City of Dubuque, on the 9th of the resul~ of said el~ction shall day of September, 1968, granting submit to said corporation a state- unto Interstate Power Company, a ment of such costs and expenses, Delaware corporation, its succesors publication costs, and any other and assigns a non-exclusive right costs incurred by the City of D~- and authority for a period of buque in connection with the S8ld twenty-five years from and after Special Election. the passage, approval and publica- Passed, approved and adopted tion of said Ordinance to erect, this 9th day of September, 1968. install, construct, reconstruct, re- Sylvester McCauley pair, own, operate, maintain, man- Mayor age and control an electric plant Walter A. Pregler with!n. th~ corporate limit~ of said Merlin F. Schultz m~cipality an~ ~ el~ctnc trans- Donald R. Meyers miss~o~ and distrib~bon syst~m Gaylord M. Couchman C?nSistmg of poles, WIres, condU1~s, Councilmen pipes, ~onductors, and other fix- tures, in, under, over, along and across the streets, lanes, avenues, sidewalks, alleys, bridges and pub- lic grounds of said municipality for the purpose of producing and furnishing electric energy for light, heat, power, and other purposes to said municipality and its inhabi- tants and prescribing terms and conditions under which the com- pany is to operate and which reo YES 0 NO 0 The said election on said prop- osition will be held in the several election precincts of said City, the boundaries of which shall be as delimited by Ordinances Numbered 7-52, 37-56, 67-60, 54-61, 20-62, 21- 62, 22-62, 23-62, 7-63, 33-84, 35-64, 4-67, 5-67, 6-67, 7-67, 39-67, 79-67. Voting Precincts Polling Places First Precinct, Bryant School, 1280 Rush Street Second Precinct, Washington Jr. High School, 51 N. Grandview Ave. Third Precinct, Franklin School, 39 Bluff Street Fourth Precinct, County Court House, 7th & Central Ave. Fifth Precinct, Lincoln School, 1101 W. 5th Street Sixth Precinct, No.4 Fire Station, University & Atlantic Streets Seventh Precinct, City Hall, 13th & Central Avenue Eighth Precinct, Public Library, 11th & Bluff Streets Ninth Precinct, Fire Station, 18th & Central Avenue Tenth Precinct, Board of Education Bldg., 1500 Locust Street Eleventh Precinct, Wahlert High School, 2005 Kane Street Twelfth Precinct, Fulton School, 2540 Central Avenue Thirteenth Precinct, Holy Ghost School, 2901 Central Ave. Fourteenth Precinct, Au dub 0 n School, 535 Lincoln Avenue Fifteenth Precinct, Marshall School, 1450 Rhomberg Avenue Sixteenth Precinct, Irving School, 2520 Pennsylvania Avenue All qualified electors of said City are hereby notified to appear at said election, each to vote at the polling place of the election precinct in which such elector re- sides, or as permitted by statue. This notice is given by order of the City Council of the City of Dubuque, pursuant to Chapter 397 of the 1966 Code of Iowa. Dated at Dubuque, Iowa this 9th day of September, 1968. Sylvester McCauley Mayor of the City of Dubuque, Iowa Special Session, September 9, 1968 peals Ordinance No. 15-46 be adopted? Attest; Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nay&-None. Attest: Leo F. Frommelt City Clerk 491 Notice of claim of George F. Glynn, in the amount of $405.50, for expense incurred as the re- sult of a backed-up sewer problem at 1896 Washington Street, pre- sented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Dubuque Sports Bowl Inc. requesting a refund of $100. on the unexpired portion of Class B beer license No. 25, as they have discontinued business on Septem- ber 7, 1968, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilmen Couchman. Carried h¥ the follow- ing vote; Yeas-Mayor CcCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Clarence J. Hagge Jr. requesting a refund of $50 on the unexpired portion of Class B beer license No. 37, as he has discon- tinued business of September 7, 1968, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Dubuque Baseball Inc. requesting a refund of $100 on the unexpired portion of Class B beer license No. 45, as they have discontinued business on August 30, 1968, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue pro- per warrant. Seconded by Council- man Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. 1'11" I i~ 492 Special Session, September 9, 1968 Petition of William G. Hummel of 301 Valley street, requesting information as to the replacement of sidewalks on Valley street by the City that were removed during the course of constructing curb & gutter some few years ago, pre- sented and read. Councilman Meyers moved that the petition be referred to the City Manager and Engineer for investi- gation and report. Seconded by Councilman Schultz. Carried by by the following vote: Yeas-Mayor McCauley, Council- ~'::'Ul~~uchman, Meyers, Pregler, ! Nays-None. Petition of Mrs. Alfred F. Schueller of 3030 Lemon Street ob- jecting to the excessive truck traf- fic on Lemon Street, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Wilbert H. Lange et al (4 signers) requesting removal of part of the curb at Broadway and Carroll streets, presented and read. Councilman Couchman moved! that the petition be referred to the Manager and the Engineeriog De- partment for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Peoples Natoral Gas requesting permission to excavate on Soutbern Avenue near Samuel Street, presented and read. Councilman Schultz moved that the petition be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 394-68 WHEREAS a plat has been pre- pared of a portion of Westridge Street in West Side Manor Sub- divIsion in the City of Dubuque, Iowa, dated Augnst 29, 1968, and prepared by Cullen, Schiltz & As- sociates, Inc_; and WHEREAS the City Council has esamined said plat and finds that same conforms to tbe Statutes of Iowa and Ordinances of the City of Dubuque governing and regu. lating the platting of the real es- tate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of a portion of Westridge Street in West Side Manor Subdivision in the City of Dubuque, Iowa, which is platted and described as Lot IA of Block 5 in West Side Manor Subdivision in the City of Dubuque, Iowa, dated August 29, 1968, and pre- pared by Cullen, Schiltz & APr sociates, Inc_, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to esecute said plat for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 9th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. S8-68 An Ordinance vacating a por- tion of Westridge Drive com- mencing at the south property line of Daniels Street thence southerly a distance of 80 feet to the south property line of Westridge Drive, now platted and known as Lot lA of Block 5 in West Side Manor, presented and read. Councilman Meyers moved that the reading just had be considered Special Session, September 9, 1968 the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that the rule requiring Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. OROINANCE No. ..... WHEREAS Mldw"t 0""0""" I",., '" Iowa <o<po"tlO", h.. petitiO"'" Ihe CIIY C",,"'" that Ihe portio" of We,l- r[doe O"ve ,outh properly ""e the"ce 'MheroV a to the ,outh propert Drive be vac eof be mode ,I",., , a~HEREAS It appea" Ihat ..Id pOrtIO" I of We,lrldge Drive w.. d"'icat'" bv moo" 01 poat ,"d Ihat ..me I' "O 'O",", "oed'" for ,Irool purPO,e" ,"d WHEREAS Ihe PI,""i"o e"d Zo"l"" Comm[",o" he, approv'" the vacatlo" 01 Ihat portio" of We"rldge Drive .. herel"a"ve ",ocm",; ,"d NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' Soclio" ,. That Ihe portio" 01 We"rldoe Drive which h.. bee" platt"'. de..rlbed ,"d k"ow" c- ,... Lol IA 01 I Sobdivl,[o" Iowa, be ,"d the ..me [, hereby vocal"'. SOCIiO" 2. ThaI the Cltv Clerk be e"" he " hereby authori"" ,"d direct'" to pob.[," "olice 01 [ate"1 10 di'PO'e 01 iatere" I" real "late.. i, bv law re- quir"'. Sectlo" 3. Thof Ihe CIIY Clerk be ,"d he I, hereby further aulhorl"" ,"d di- re"'" to file a cerllfi'" COpy hereof I" the ottlce of the Recorder I" ,"d for Ooboooe Co",lv. Iowa. Pa"ed, approv'" ,"d adopf'" IhI, 9th dav 01 September, "". Sv[ve"er McC"'ev Mavor Walter A. Pregler Mer"" F. Schull' Do""d R. Meve" Gavlord M. Coochm," Co",cllme" Atte", Leo F. Frommelt CItV Clerk Pobll,hed officiallY '" The Tel.."ph- Herald New,p.per thl, 13th dav of Sep- tember '968. Leo F. Frommelt CltV Clerk. It. 9/13 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. 493 ORDINANCE NO. 59-68 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" classification to "Multl. pie Family Residence District" classification (Sunset Parle Sub- division), presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler. Schultz. Nays-None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Schultz moved that a hearing be held on the Ordi- nance on October 7, 1968, at 7:30 o'clock P.M. (D.S.T.) in the Coun. cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Couch. man. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mayor McCauley reappointed Lester M. Harney to the Airport Commission for a six year term to 9-14-74. Councilman Schultz moved af- firmation of the appointment. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded ]11 II II II 1:[11,.11] III 1;.lil ill! 11II II~I 494 Special Session, September 9, 1968 Special Sessions, September 10, 1968. Council met at 12:00 noon (D.S.T.) Present-Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Adopt. ing resolutions providing for the ...Ie end eword of $83,000 Flood Protection Bonds, $490,000 Airport Bands, $1,995,000 Sewer Bonds and authorizing the agreements of such sale and awards and acting upon such other business as may property come before a regular meeting of the City Council. Special Session, September 10, 1968 495 Investment Rating; Moody's Investors Service, Inc.-A.. $83,000 CITY OF DUBUQUE, IOWA General Obligation Flood Protection Bonds Date of Sale: September 10, 1968 Bidders The Northern Trust Company- Chicago, Manager Goodbody & Co.-New York Shearson, Hammill & Co., Inc.- New York National City Bank of Cleveland Clark, Dodge & Co.-New York Kenower, MacArathur & Co.- Detroit Dain, Kalman & Quail, Inc.- Minneapolis Van Kampen, Wauterlek & Brown, Inc.-Chicago Continental lliinois National Bank 100.1028 and Trust Company of Chicago Chemical Bank New York Trust Co. 100.0726 -NY, Manager The Bank of California, N.A.- San Francisco Franklin National Bank-New York New York Hanseatic Corporation- New York Brown Bros. Harriman & Co.- New York McMaster Hutchinson & Co.- Chicago by Councilman Pregler. Carried by the following vote; Yeas-Mayor McCauley, COuncil- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Bob Dyer of the Interstate Power Company thanked the Coun- cil for consideration given relative to the proposed franchise election to be held on October 11, 1968. There being no further business Councilman Couchman moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL Approved ....................................1968 Adopted ......................................1968 ..........................."............................... ............................................................ ..........................,................................. ............................................................ .............................................."............ Councilmen Attest: """"""'CiiY'C¡;;k"""""""" The receipt of any oral bids was called for by the City Clerk. There being none oral bidding was closed. The receipt of any other sealed bids, other than those received and placed on file to date, was called for by the City Clerk. There being no further bids presented receipt of sealed bids was closed. Proof of Publication, certified to by the Publisher, of notice of sale of Flood Protection bonds in the amount of $83,000 presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Sealed bids were opened and read on the $83,000 Flood Protec- tion Bonds with the following re- sults; Net Interest Price Coupon Rates Rate 100.3843 1972-74 3% % 3.67795% III!' ,. 1972-73 3.80% 3.696 % 1974 3.60% 1972 3.90% 3.7305 % 1973-74 3.70% 496 Special Session, September 10, 1968 Mercantile Trust Company, N.A.- 100.0452 St. Louis and Carleton D. Beh Co., Des Moines-Jointly Harris Trust and Savings Bank- 100.0000 Chicago, Manager Iowa-Des Moines National Bank- Des Moines The White-Phillips Company, Inc.-Davenport Becker & Cownie, Inc.-Des Moines RESOLUTION NO. 395-68 Resolution providing for the sale and award of $83,000 Flood Protection Bonds and approving and authorizing the agreement of suoh sale and award. WHEREAS notice of sale of $83,- 000 Flood Protection Banda of the City of Dubuque, in Dubuque Coun- ty, Iowa, has heretofore been given in strict complicance with the pro- visions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a newspaper published in Du- buque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follOws; the bid submitted by None consisting of par and accrued in- I terest plus a premium of $ 0 I with all of the bonds bearing in- terest at the rate of 0 per cent (0) per annum; and there- after such sealed bids were opened, the substance of the best sealed bid being as follows; the bid sub- mitted by The Northern Trust Company consisting of par and ac- crued interest plus a premium of $319.00, with all of the bonds bear- ing interest at the rate of three and three quarter per cent (3.75%) per annum; NOW, THEREFORE, Be n Re- solved by the City Council of the City of Dubuque, Iowa, 85 fol- lows: Soction 1. That upon being duly advised in the premises it is here- by determined that the bid of The Northern Trust Company for the prchase of $83,000 Flood Protec- tion Bonds of said City, dated Sep- tember I, 1968, as advertised, bear- ing interest at the rate specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same 1972-74 30/. % 3.7415 % 1972-74 3.80% 3.80 % are hereby awarded to said The Northern Trust Company Section 2. That the form of agreement of sale of said bonds be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby au- thorized to accept and execute the same 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 herewith be and the same are hereby repealed. Passed and approved September 10, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded September 10, 1968. Leo F. Frommelt Seal City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the publisher, of notice of sale of Airport Bonds in the amount of $490,000, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Sealed bids were opened and read on the $490,000 Airport bonds with the following results: Special Session, September 10, 1968 Investment Rating; Moody's Investors Service, InC.-Aaa $490,000 CITY OF DUBUQUE, IOWA General Obligation Airport Bonds Date of Sale: September 10, 1968 4ft1 Net Int.reef Coupon Rates Rat. 1969-73 3'1. % 3.7103 % 1974-78 3.80% 1969.73 3.60% 3.7441 % 1974-78 3.80% 1969-70 3.80% 3.7717 % 1971.75 3.70% 1976-77 3.80% 1978 3.90% Bidders Price Morgan Guarantee Trust Company 100.0341 of New York, Mgr. Salomon Bros. & Hutzler- New York Weden & Co., Inc.-San Francisco Equitable Securities Morton & Co. -New York Harris Trust and Savings Bank.- 100.0000 Chicago, Mgr. Iowa-Des Moines National Bank- Des Moines The White-Phillips Compal1Y, Inc. -Davenport Becker & Cownie, Inc.-Des Moines The First National Bank of 100.0018 Chicago and Halsely, Stuart & Co., Inc.-Chicago, Jt. Mgrs. LaSalle National Bank-Chicago William Blair & Company-Chicago Bacon, Whipple & Co.-Chicago Walston & Co., Inc.-New York The Milwaukee Company Manley, Bennett, McDonald & Co.-Detroit Merrill Lynch, Pierce, Fenner & 100.0220 1969 Smith, Inc.-NY, Mgr. Hornblower, Weeks-Hemphill Noyes-New York First of Michigan Corporation- Rodman & Renshaw-Chicago The Northern Trust Company- Chicago, Manager Goodbody & Co.-New York Shearson, Hamill & Co., Inc.- New York National City Bank of Cleveland Clark, Dodge & Co., Inc.-New York Kenower, MacArthur & Co.- Detroit Dain, Kalman & Quail, Inc.- Minneapolis Van Kampen, Wauterlek & Brown, Inc.-Chicago Chemical Bank New York Trust Co. 100.0664 1969-76 3% % 3.7897 % -New York, Mgr. The Bank of California N.A., San Francisco Franklin National Bank- New York New York Hanseatic Corpontion -New York Brown Bros. Harriman & Co.- New York McMaster Hutchinson & Co.- Chicago 5.00% 3._'" 100.0379 1970-76 3%% 1977-78 3.80% 1969-75 3%% 3.78564% 1976-77 3.80% 1978 3.90% 1977-78 3.90% 49S Special Session, September 10, 1968 Continental Illinois National Bank 100.0851 1969-77 3.80% 3.80675% and Trust Company of Chicago 19'78 3.90% Smith, Barney & Co., Inc.-New 100.0002 1969-70 4.10% 3.84:.!5 % York, Manager Goldman, Sachs & Co.-New York 1971-75 3'111 % R. W. Pressprich & Co., Inc. 1976-78 3.90% New York Bank of the Commonwealth- Detroit Francis I. duPont & Co.- New York The Illinois Company~hicago Rand & Company, Inc.-New York Merchantile Trúst Compàny, N.A.- 100.0051 1969-71 4.00% 3.8613 % St. Louis and Carleton D. Beh Co.- 19'72 3.90% Des Moines, Jointly 1973-75 30/. % 19'76-78 3.90% , ,-. ' , RESOLUTION NO. 39U8 Resolution providinG for the Ale end award of $490,000 Air. port Bonds and aprovlng and authorizing the agreement of such Ale and award. WHEREAS notice of sale of $490,000 Airport Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compljance with the provi- sions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by none, consisting of par and accrued in- terest plus a premium of $0, with the bonds maturing in the year 0 to 0, inclusive, bearing interest at the rate of 0 per cent (0%) per annum, the bonds maturing in the years 0 to 0, inclusive, bearin~ interest at the rate of 0 per cent (0%) per annum, and the bonds maturing in the years 0 to 0, in- clusive, bearing intrest at the rate of 0 per cent (0%) per annum; and thereafter súch sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by Morgan Guar- anty Trust Company of New York consistin~ of par and accrued in- terest plus a premium of $167.00 with the bonds maturing In the years 1969 to 1973, inclusive, bear- ing interest at the rate of Three and one half per cent (3'k%) per annum, the bonds maturing In the Special Session, September 10, 1968 499 Investment Rating: Moody's Investors Service, Inc.-Aaa $1,995,000 CITY OF DUBUQUE, IOWA General Obligation Sewer Bonds Date of Sale: September 10, 1968 Net Interest Bidders Price Coupon Rates Rate Morgan Guaranty Trust Company 100.0114 1970-78 3.80% 3.875 % of New York, Mgr. Salomon Bros. & Hutzler- 1979-81 3.90% New York Weeden & Co., Inc.-San Francisco 1982 4.00% Equitable Securities Morton & Co.-New York The Northern Trust Company- 100.0019 1970-74 4.00% 3.9197 % Chicago, Manager Goodbody &Co.-New York 1975-77 3.80% Shearson, Hammill & Co., Inc.- 1978-80 3.90% New York National City Bank of Cleveland 1961-82 4.00% Clark Dodge & Co., Inc.- New York Kenower, MacArthur & Co,- Detroit Dain, Kalman & Quail, Inc.- Minneapolis Van Kampen, Wauterlek & Brown, Inc.-Chicago Continentallllinois National Bank 100.0017 1970 3.90% 3.9202 % and Trúst Compal1Y of Chicago 1971-72 4.00% 1973 3.90% 1974-76 4.00% 1977-82 3.90% Harris Trust and Savings Bank- 100.0601 19'70-80 3.90% 3.9285 % Chicago, Manager Iowa-Des Moines National Bank- 1981-82 4.00% Des Moines The White-Phillips Company, Inc. -Davenport Becker & Cownie, Inc.- Des Moines Chemical Bank New York Trust 100.0241 1970-73 4V. % 3.9575 % Co.-New York, Mgr. Bank of California, N.A.- 1974-79 3.90% San Francisco 1974-79 3.90% Franklin National Bank- 1980-82 4.00% New York New York Hanseatic Corporation -New York Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of sale of Sewer bonds in the amount of $1,995,000 presented and read. years 1974 to 19'78, inclusive, bear- il1g interest at the rate of three and eight tenths per cent (3.80%) per annum, and the bonds matur- ing in the years 0 to 0, inclusive, bearing interest at the rate of 0 per cent (0%) per annum; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows; Section 1. That upon being ad. vised in the premises it is hereby determined that the bid of Morgan Guaranty Trust Company for the purchase of $490,000 Airport Bonds, as advertised, bearing in- terest at the rate specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Morgan Guaranty Trust Company of New York. Section 2. That the form of agreement of sale of said bonds to Morgan Guaranty Trust Company of New York be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to execute 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 herewith be and the same are here- by repealed. Passed and approved September 10, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt Clerk Recorded September 10, 1968. Leo F. Frommelt City Clerk Seal Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Sealed bids were opened and read on the $1,995,000 sewer bonds with the following results; 500 Special Session, September 10, 1968 Brown Bros. Harriman & Co.- New York McJlolaster Hutchinson & Co.- Chicago The First National Bank of Chicago 100.0005 1970.71 5.00%3.9625 % and Halsey, Stuart & Co., lnc.- 1972 4.00 Chicago, Jt. Mgrs. LaSalle National Bank-Chicago William Blair & Co.-Chicago Bacon, Whipple & Co.-Chicsgo Walston & Co., Inc.-New York The Milwaukee Company Manley, Bennett, McDonald & Co. -Detroit Merchantile Trust Company, N.A.-loo.0017 St. Louis and Carleton D. Beh Co.- Des Moines, Jointly Smith, Barney & Co., lnc.- 100.0046 New York, Manager Goldman, Sachs & Co.-New York R. W. Pressprich & Co., Inc.- New York Bank of the Commonwealth- Detroit Francis 1. duPont & Co.- New York The illinois Company, Inc.- Chicago Rand and Company, lne.- New York RESOLUTION NO. 397-68 Resolution provleling for the sale and award of $1,995,000 Sewer Bonels anel approving anel authorizing the agreement of such sale and award. WHEREAS notice of sale of $1,995,000 Sewer Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the pro. visions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a newspaper published and of genenl circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by NONE, can. sisting of par and accrued interest plus a preDÙum of $........, with the bonds maturing in the years ."..... to ........, inclusive, bearing interest at the rate of ........ per cent (....%) per annum, the bonds maturing in the years ........ to ........, inclusive, 1973-79 3.90'1'. 1980-82 4.00% 1970-73 4.10% 4.0277 % 1974-77 4.00% 1978 3.90% 1979-80 4.00% 1981-82 4.00% 197()'74 4.10% 4.0288 % 1975 30/4% 197~0 4.00% 1981-82 4.10% bearing interest at the rate of ...... per cent (....%) per annum, and the bonds maturing in the years ........ to ........, inclusive, bearing interest at the rate of ...... per cent (....%) per annum; and thereafter such sealed bids were opened, the sub- stance of the best sealed bid being 85 follows; the bid submitted by Morgan Guaranty Trust Company of New York consisting of par and accrued interest plus a premium of $227.00, with the bonds matur- ing in the years 1970 to 1978, inclusive, bearing interest at the rate of three and eight tenths per cent (3.80%) per annum, the bonds maturing in the years 1979 to 1981, inclusive, bearing interest at the rate of three and nine tenths per cent (3.90%) per annum, and the bonds maturing in the years 1982 to 0, inclusive, bearing in. terest at the rate of four per cent (4.0%) per annum; NOW, THEREFORE, Be n Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the hid of Morgan Special Session, September 10, 1968 501 Guaranty Trust Company of New York for the purchase of $1,995,- 000 Sewer Bonds, as advertised, bearing interest at the rates spe- cified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Morgan Guaranty Trust Company of New York. Section 2. That the form of agreement of sale of said bonds to Morgan Guaranty Trust Com- pany of New York be and the same is hereby approved, and the Mayor, City Clerk and City Treas- urer 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 herewith be and the same are hereby repealed. Passed and approved September 10, 1968. Sylvester M. McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded September 10, 1968. Leo F. Frommelt Seal City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchmen, Meyers, Preg- ler, Schultz. Nays-None. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1968 Adopted ........................................1968 "..............................".......................... ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest; """"c¡ïÿ'ci~~k""""""""""'" 502 CITY COUNCIL OFFICIAL Adjourned Regular and Special Session, September 16, 1968. Council met at 7:30 P.M. (D.S.T.) Present-Mayo, McCavœy, Coun. cilmen Couchman, Meyers, Preg. ler, Schultz. City Manager Gilbert D. Chevenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is an adjourned meeting of the regular meeting of August 5, 1968, and of the special meeting of Au. gust 26, 1968, in connection with the issuance of flood, airport, and sewer bonds, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Anne Rooney expressing thanks for the installa- tion of a street light on Diagonal street, presented and read. Coun- cilman Meyers moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried l>y the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. September 10, 1968 To The Honorable Mayor And City Council Gentlemen: During the past several years many complaints have been re- ceived regarding the condition of a building and premises at 247 South Locust Street. I directed the Housing Depart- ment to make a complete inspec- tion of the premises. This inspec- tion was made on November 3, 1966, and the following is the report August 22, 1968 Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Mr. Chavenelle; On November 3, 1966 an inspec- tion was made of a dwelling at 247 South Locust Street. The building was vacant, dete- riorated and due to lack of main- Adjourned Regu]ar and Special Session, Seprember 16, 1968 503 Mrs. Ronald HoweR, 11190 Drexel Street, Dubuqae, Iowa Mr. Arthur Potter, 710 Lincoln Avenue, .Dubuque, Iowa Mr. Carl Howell, West 12th Street, Dubuque, Iowa Mr. Dick Howell, 8115 E. 16th Street, Dubuque, Iowa Mr. Thomas Howell, 1679 Au- burn Street, Dubuque. Iowa Dubuque County Social Welfare Office, 503 Main Street, Dubuque, Iøwa BE: J!47 Søuth Locust Street .Dnbnque, Iowa Stouts Dubuque Addition 5-40' of Lot 2 of Min Lot 54 To Whom It May Concern: On November 3, 1966 an inspec- tion of 247 South Locust Street was made as the reault of com- plaints received. The following is a list of 'Viola. tions existing at the time of in- spection: Section 4.1 Kitchen sink not con- nected to hot water supply. Section 4.% No tub, shower, or lavatory. Section 4.5 No water heating fa- cilitiesproperly in- stalled. Section 7.1 Roof not water tight. Section 7.2 Floors, interior walls and ceiling not in good condition. Section 7.3 Exterior doors and windows not in sound working condi- tionand roof needs repair. SectioJo. 7.~ Porches not in sound condition and good repair. Section 7 AI Exterior wood sur. faces net adequately protected "gainst wa- , tor seepage. Section 7,.1S. No owner shall oc- cupy or let any oth- er occupant occupy any vacant dwelling unless it is clean, sanitary and fit for human occupancy. You are notified said structure has been determined to be sub- standard by reason of \be follow- il1g listed conditions as set forth ill Section 12.1 (a). Adjourned Regular and Special Session, September 16, 1968 tenance and repair was an attrac- me nuisance to children, a fire and health hazard, many defi- ciencies were present besid... the general conditions. There is a stool and sink. An order was sent to A. C, Potter, 710 Lincoln Avenue to clean up the premises and board up the openings in the structure. This order was complied with. Mr. Potter then by letter in- formed the Housing Department that. he is not the owner and his nwther has title to this prope~, Mrs. Eunice Howell. Further investigation re..ealed that Mrs. Howell was a patient at Our Lady of Lourdes Nursing Home and ber condition did not permit communications. Mr. Potter then gave us a list of Mrs. Howell's cMldren. Mr. Potter is a son by previous mar- riage. Mrs. Howell was receiving aid from Social Welfare 1I<I1icb result- ed in placing a lien against the property. Due to Mrs. Howells condition, the lack of funds and that the building had bem protected by boarding up the openings, this matte. was not pursued to any conclusion. Mrs. Howell passed away on July 28, 1967. A notice was then sent to all known heirs and interested parti... advising them of the eonditions of this dwelling. We received no written replies, two of the notices were returned because of addressee unknown. Because of these conditions and the violations present we recom- mend that you issue a ten day notice as per Ordinance No. 35-52 and require that this building be brought up to minimum require- ments or removed. A list of the violations is at- tached. AN;rak Arthur Nagel Housing Inspector City of Dubuque, Iowa May 16, 1967 Mrs. Eunice Howell, Lady of Lourdes Nursing Home, Dubuque, Iowa 1. Lack of lavatory and bathtub or shower. 4. Lack of hot running water to plumbing. 5. Lack of adequate heating fa- cilities. 11. General dilapidation or im- proper maintenance. E. Hazardous wiring. K. Hazardous unsanitary prem- ises (accumulation of debris in y"rd and structure.) The letter listing the violations was sent to Arthur Potter, 710 LinooIn Avenue, Dubuque, Iowa. It was his telephone number which was listed on the "For Rent" sign which was posted on the dweIIing. Upon receipt of the letter Mr. Potter did clean the debris from tbe boose and grounds. He wrote this office stating that he had cleaned the house and grounds and had barricaded the openings. He also stated that he was not appointed agent. A reinspection of 247 South Locust Street May 12, 1967 indi- cates that nothing has been done to correct the structural or me- chanical violations. Because the structure creates a blighting to the area and is an attractive nuisance for inquisitive children you are hereby ordered to correct th1> list~ violations or take steps necessary for the re- moval of the structure within thir- ty (30) days from the receipt of this notice. Failure to comply will make it necessary to proceed with Ordi- nance 35.52 which provides for removal of dangerous buildings. Should there be any questions please call our Housing Depart- ment (583-6441 EXT. 63), Arthur Nagel Housing Inspector City of Dubuque After receiving this report, I personally inspected the premises. As a result of this inspection on A11gUst 23, 1968, I prepared the following notiœ: NOTICE August 23, 1968 ¡J I'; ~ I!!II TO; Mr. Arthur Potter, 710 Lincoln, Dubuque, Iowa Mr. Thomas Howell, 1679 Au- burn Street, Dubuque, Iowa Adjourned Regular and Special Session, September 16, 1968 the Clerk be instructed to publish to children, and are a detriment notice of same as required by law. to the neighborhood. Seconded by Councilman Pregler. Because of these conditions and Carried by the following vote: the violations present we recom- Yeas-Mayor McCauley, Coun. mend that you issue a ten day cilmen Couchman, Meyers, Preg- notice as per Ordinance No. 3552 ler, Schultz. and require that this building be Nays-None. brought up to minimum require- ments or removed. A list of the inspections is at- tached. Arthur J. Miller Housing Inspector City of Dubuque, Iowa AJM:rak After receiving this report, I personally inspected the premises. As a result of this inspection on Augnst 28, 1968 I prepared the following notice: Notice August 28, 1968 as required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. September 13, 1968 To The Honorable Mayor And City Council Gentlemen: During the past several years many complaints have been re- ceived regarding the conditions of a building and premises at 536 Avon Street. 1 directed the Housing Depart- ment to make a complete inspec- tion of the premises. The inspec. tion was made February 29, 1968. The building was vacant, dete- riorated and due to lack of main- tenance and repair was an attrac- tive nuisance to children, a fire and health hazard, many defi- ciencies were present besides the general conditions. There is a stool and sink. An order was sent to the owners of record, Mr. Donald A. LeVan, 1514 Auburn Street, Dubuque, Io- wa and Mrs. Delila LeVan, 1000 Morgan Road, Waterloo, Iowa. This order was not complied with. On July 31, 1968 orders were sent by certified mail to Mr. Don- ald A. LeVan, 1514 Auburn Street, Dubuque, Iowa and Mrs. Delila LeVan, 1000 Morgan Road, Water- loo, Iowa, advising them of the conditions of this dwelling. On August 9, 1968 Mr. Donald A. LeVan reported to the Housing Department that he and Mrs. Delila LeVan would be unable to make the required improvements. Because of these conditions and many violation present we recom- mend that you issue a ten (10) day notice as per Ordinance No. 35-52 and require that this build- ing be brought up to the minimum requirements or removed. A list of violations is attached. Gilbert D. Chavenelle City Manager Mayor McCauley moved that the communication be received and filed and that a public hearing be held on October 7, 1968 and September 16, 1968 To The Honorable Mayor And City Council Gentlemen: During the past several years many complaints have been re- ceived regarding the conditions of a building and premises at 628 West Eighth Avenue. I directed the Housing Depart- ment to make a complete inspec- tion of the premises. This inspec- tion was made on December 11, 1967 and the following is the re- port. 504 Adjourned Regular and Special Session, September 16, 1968 Mr. Carl Howell, 1704 Elm I Street, Dubuque, Iowa Mr. Dick Howell, 395 E. 16th Street, Dubuque, Iowa Mr. Ronald Howell, 1690 Drexel, Dubuque, Iowa Dubuque County Social Welfare Office, 503 Main Street, Dubuque, Iowa Heirs at law of Eunice Howell, deceased, late of Dubuque, Du- buque County, Iowa, recorded own- ner of South 40' of lot 2 of Stouts Dubuque Addition of M. 1.. 54 in the City of Dubuque, Dubuque County, Iowa known as 247 South Locust Street. I have personally inspected the structure known as 247 South Locust Street and located on the above described real estate in the City of Dubuque, Iowa and find the conditions as they have been reported to me by the Housing Inspector as substantially correct. A copy of whose report is here- by attached and by reference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to correct the dangerous conditions as described in the attached report or disman- tle the building. Gilbert D. Chavenelle City Manager City of Dubuque, Iowa This notice has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 35-52 be enforced and that the owners of said build- ing located at 247 South Locust Street and located on the South 40' of lot 2 of Stouts Dubuque Addition of M. L. 54 in the City of Dubuque, Iowa, and heirs at law of Eunice Howell, deceased, late of Dubuque, Dubuque County, Iowa be required to dismantle the building and clean up the prem- ises. Respectfully submitted, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Mayor McCauley moved that the communication be received and filed, and that a public hearing be held on the matter on October 7, 1968, and that the Clerk be in- structed to publish notice of same August 27, 1968 Mr. Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Sir; On December 11, 1967 an in- spection was made of a vaeant two story frame structure at 628 West 8th Street located on Lot 24 and W. 4' of Lot 23 Rogers Sub. owned by Mr. J. H. Brunjes, 1555 Main Street (Frommelt Shaeffer Con- valescent Home.) The doors and windows of this structure have been broken by vandals, the interior walls, ceilings and floors are deteriorated and damaged by fire, the electrical system has been damaged by fire. the foundation and sills are bad allowing the exterior walls to set- tle, an unfinished addition to the rear of structure is rotted, the yard is full of high weeds and dead grass. This property was listed for sale with Lundin Realty in 1965 for $1.800.00 but no pur- chaser was found. Mr. John Duffy, conservator for J. H. Brunjes, was granted per- mission by the court to agandon the structure in August 1967. Mr. Duffy has stated he does not have the responsibility or the financial resources to correct the above conditions. The conditions that are present offer a fire hazard, a rat harborage, an attractive nuisance 505 I III TO; Mr. J. H. Brunjes, 1555 Main Street, Frommelt Shaeffer Conva- lescent Home, DUbuque, Iowa Mr. John 1.. Duffy, Attorney, Conservator for J- H. Brunjes, 403 Fischer Bldg., Dubuque, Iowa Recorded owner and conservator for property located at Lot 24 and West 4' of Lot 23, Rogers Sub. and known as 628 West Eighth Avenue in the City of Dubuque, Dubuque County, Iowa. I have personally inspected the structure known as 628 W est Eighth Avenue and located on the above described real estate in the City of Dubuque, Iowa and find the conditions as they have been reported to me by the Housing Inspector as substantially correct. A copy of whose report is here- by attached and by reference made a part hereof. According to the City Ordinance No. 35-52, you are hereby given ten (10) days notice to correct the dangerous conditions as described in the attached report or disman- tle the building. Gilbert D. Chavenelle City Manager City of Dubuque, Iowa This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owners of I II I, ill )11 1[1 I' I ill Ii II ill' I III :1 IIIII attendance objecting to the opera- tioa and nuisance, admitting how- """" 88me improvement, but still not !:G their satisfaction. :Mr. Clark owner of the Point Launderette stated that the problem can be worked out. He seemed to be UD- der the impression that it is a teen-age problem. Mr. Fred Appel addressed tbe Cotmcil by stating that he is the owner of a laundro- mat. He further stated that he experienced no loss of revenue by closing his place of business by ten o'clock. He did feel how- eYer that a man openting a bus- iness should have the rigbt to open and close as he sees fit. Couacilman Pregler moved that the heariBg on the Ordinance should be delayed to the Council meeting of October 7, 1968, to give Mr. Clark a further opportllDity to come up with some kind of agreement. Seconded by Council- man CouchmaR. Carried by the fallowing vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nay~ne. Proof of Publication, certified to by the Publisher, of notice oI public hearing to consider pro- posal to dispose of interest in a portion of Tenth Street from Jackson Street to a point 220' northeasterly of Washington Street and that portion of Washington Street lying between Tenth Street and Ninth Street, presented and t1IIId. No "Written objections were filed and no oral objectors were pres. ent in the Council Chamber at the time 'set for tbe pub1ichearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by CunncilRlan Couchman. Carried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-NOIIe. ORDINANCE No. 52-68 An o."I_e "acetlng thet par. "- of Tenth Street from Jeck. eon Street toe point 220 feet tIO_tterty of We s h I n gton Street aMI thet portion of Was'" illgton Sireet lying bet wee n Tenth Sireet end Ninth Sh'eet In the City of Dubuque, Iowa, said Ordinance having been pre- viously presented and read at the Council meeting of AugllSt 12, 1968, presented for Final Adop- tion. 500 A.djonmed Regular ønd Special Session, September 16, 1968 Adjoomed Regular and Special Session, September 16, 1968 5'07 said building located at 628 WeBt I Eighth Avenue and located on !At I 24 and the West 4' of Lot 23, Itogers Sub. in the City of Du- buque, Iowa and J. H. Bronj... and John Duffy, ConseTVator for Mr. J. H. Bru:njes 01. Dubuque, Do- " buque County, Iowa be reqoåred to dismantle the building ad clean up the premises. Gilbert D. Chavenelle City llaaag<l1' Councnman Meyers moved that the communication be received and filed and that a public hear- ing be held on October 7, 1968 and the City Çlerk be instructed to publish notice of same as re- quired by law. Seconded by Mayor McCauley. Carried by the foIlow- ing vote; Yeas-Mayor McCauley, Coun- cilm"" Coadunan, Meyers, Preg- ler, Schultz. Nays---None. Notice of claim of Hollis D. Root, in an estimated amount of $233.81, for car damage as the result of a broken tree limb fall- ing on his car on September 5':1 1968, presented and read. Council- man Couchman moved that the claim be referred to the City II Soticitor for investigation and re- port. S e co n d e d by Councilman Pregler. Carried by the following vote; Yeas---!IIIayor McCauley, CoDa- cilmenCouchmsn, Meyers, Preg- ler, Schultz. Nays-None. ORDJNANCE NO. 55-68 An OrdHoance regulating coin- operated laundry and dry clean. Ing esta1tlIshm.nts, l'OC ulrlng 11- <ensln" thereof and providing penalties for violation hereof, presented the second time fI>r eon- sideratiom. Councilman Pregler moved that the TIdes be suspended in order tß let anyone present address the Council if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Several citizens of the Point Launde<ette area were again in II"! Iii IIII Aft"" Leo F. F<ommoit CIty CI.... AGREEMENT WITH CONDITIONS OF ORDINANCO Cacadco '.'."",,e"" he"""h e.,... .. be bound .. the ",m. .... condi""" ... ""h in the ."eo""" O,dinanœ and ...... 10 "'Io,m ell ,.ndltlon, /h",'n ... ""o.. <ARADCO "'CORPORATED Bv P. L. Ade... P,..Idon' J. M. VI., ~ .... .....".., Sea-etaI-y Pu"'- <>ffl< allv In TO. T.I..""". H...... _,.a.., /hIe 230-d ,",V .. Sop- "m"" 1968. Leo F. F'.mmelt City <Ie"'. It.-O/23 CouncìIman Pregler moved final adoption of the Ordinance. Sec- OIIded by Mayor McCauley. CaITied by the following vote: Yeas-Mayor McCauley, Coun- cümen Couchman, Meyers, Preg- ler, Schultz. NaYs-None. CiJ;}o Attorney Russo requesting time to review further certain 508 Adjourned Regular and Special Session, September 16, 1968 aspects of the transaction with Caradco Incorporated. Councilman Pregler moved that publication of the Ordinance be withheld until approved by the City Solicitor. Seconded by Coun. cilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 39U8 WHEREAS, pursuant to Resolu- tion and notice of time and place of hearing published on August 16, 1968, and on August 23, 1968, in the Telegraph-Herald, a news- paper of general circulation pub- lished in the City of Dubuque, Iowa, the City Council of Dubuque, Iowa, met on the 16th day of SeP- tember, 1968, at 7:30 P.M. (CDSTJ in the City Council Chambers in the City Hall, Dubuque, Iowa, to consider the proposal to vacate certain real estate, at which hear- ing all interested persons were afforded an opportunity to be heard for or against such pro- posal, and which real estate is described as follows: That portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Wash- ton Street and that portion of Washington Street lying between Tenth Street and Ninth Street in the City of Dubuque, Iowa; and WHEREAS, the City Council of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to vacation of the interest of the City of Dubuque, Iowa, in the above described real estate to Caradco Incorporated; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Du- buque, Iowa, in and to the follow- ing described real estate; That portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Wash- ington Street and that portion of Washington Street lying be- tween Tenth Street and Ninth Street in the City of Dubuque, Iowa, be and the same is hereby ap- proved and the said Caradco Incor- porated shall pay the cost of pub- lication, said disposal subject to Ordinance No. 52-68 of the City of Dubuque, Iowa. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of the City of Dubuque, Iowa, conveying to Caradco Incorporated all of its right, title and interest in and to the above described real estate. Section 3. That the City Mayor be and he is hereby authorized and directed to record a certified copy of this resolution in the Of- fice of the Dubuque County Re- corder and the Dubuque City As- sessor in and for Dubuque County, Iowa. Passed, adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Gaylord M. Couchman Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution subject to approval of City Solicitor. Sec- onded by Councilman Pregler. Car- ried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays-None. Petition of Mrs. H8l"ry Satchell of 1536 Bies Drive requesting in. formation as to the installation of water in the area, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Dick Hansel addressed the Council by stating that the pro- posed agreement with Clinque and the City is not satisfactory as to the furnishing of water for the area in and around Bies Drive. Adjourned .&gular and Special Session, September 16, 1968 There has been no definüe route given to them to run the water. Petition of Playground & Recrea- tion Commission requesting $25,- QOO from the Rafferty Fund for the construction of restroom fa- cilities at the Veterans Memoria] Park, presented and read. Council- man Pregler moved that the re. quest be granted. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Petition of Morva .J. Tumer ,et al (16 signers) requesting the in- stallation of a street light at the alley on Green Street between As- bury & Avoca Streets, presented and read. Mayor McCauley m...ed that the petition be referred to the City .Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Petition of American Legion re- questing permission to sell tickets in the downtown area on Septem- ber 13th and 14th for Recognition Night to be held on September 15, 1968, presented and read. Council. man Meyers moved that the peti- tion be received and filed. Sec- onded by Councilman Pregler. Car- ried by the followillg v"te: Yeas - Mayor McCauley, Ooun. cilmen Couchman, Meyers, Preg- ler, Schultz- Nays-None. September 12, 1968 To the Honorable Mayor and City Oonncil, Gentlemen; On this date a request for per- mission to hold a ticket sale on Main St., Friday, September 13th and Saturday, September 14th, was received. This request was made by the American .Legion, sponsor of the Dubuque Legion Aires Drum & Bugle Corps Recognition Nite. to be held at Senior High Field, Sunday, September 15th. 500 Due to the timing and after clearing with the police depart- meat, permi:t #117 was issned. There is no conflict with other promotions taking Place during ,September. Respectfully submitted, Gilbert D. Chavenel1e City Manager Mayor McCauley moved that the action of the City Manager be ap- proved. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Dorrance J. L.ange of 2000 Farragut Street, requesting permission to construct a car port which would extend into the plat- ted but un-used portion of the street, presented and read- Coun- cilman Pregler moved that the pe- tition be referred to the Manager and staff. Seconded by Conncl1man Couchman. Carried by the follow- ing vote: Yeas - 1IIIa- McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Helen Callahan et al requesting removal of the center parkway in Ken Court, presented and read. Councilman Meyers 1'tlM- ed that the petition be referred to the City Manager and _f. Seconded by Mayœ- 1IcCauley. Car- ried ",. the following vote; Yeas - Mayor McCauley, Cmm- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Lloyd Burkart et al requeatiJ1g construction of side- walks across alleys betwem Col- lins and Gandolfo streets and across the alley between Gandolfo and S. Algona street on St. .Joseph street siOO, preiented and read. Councilman Pregler moved that the petition be referred to the Engineering Department. Seconded by Mayor McCauley. Carried by the following vote: Yeas - Mayor McCauley. Conn- ciJmen Couchman, Meyers, Pregler, Schult&. Nays-None. 510 Adjourned Regular and Special Session, September 16, 1968 Petition of Alford F. Finch re- questing a refund of $75. on the unexpired portion of cigarette li- cense No. 212, as he has discon- tinued business on September 14, 1968, presented and read. Council- man Meyers moved that the re- fund be granted and the City Aud- itor instructed to issue proper war- rant. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Steve's Plumbing re- questing permission to excavate in the alley between First and Sec- ond and Locust & Bluff Streets, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Couchman. Carried by the follow- ing vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. September 9, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque Orchard mils Boulevard Light Project has been completed in accordance with the City of Dubuque plans and specifi- cations. 1, therefore, recommend accep- tance of the above mentioned project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Pregler. Car- ried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. FINAL ESTIMATE RESOLUTION NO. 399-68 WHEREAS, the contract for the Construction of Boulevard Street Lights end Appurtenances on Orcherd Drive, Cider Ridge, on Blocks 1, 2, 3, 4 end 5 Or. chord Hills Subdivision, City of Jonethen Lene end Deliele Drive Dubuque, lowe, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there. fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $3,447.89. That $3,447.89 of the cost there- of shall be assessable upon private property and (none) shall be paid from the (none) Fund of the City of Dubuque. Passed, adopted and approved this 16 day of September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. (A Resolution Accepting Improvement end Directing the Clerk to Publish Notice.) RESOLUTION NO. 400-68 WHEREAS, the contract for the Construction of Boulevard 5treet Lights and Appurtenances on Orchard Drive, Cider Rid g e, Jonethen Lene and Delicie Drive on Blocks 1, 2, 3, 4 end 5 Or. chord Hills Subdivision, City of Dubuque, lowe, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Adjourned Regular and Special Session, September 16, HJ68 511 BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels 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 Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposal to dispose of Lot 2 of I of 1 in Block 6 River Front Subdivision No.3 to Berwanger Boiler Shop Inc., presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RE50LUTION NO. 401-68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on Aug- ust 22, 1968, and Augnst 29, 1968, City Council of Dubuque, Iowa, met on the 16th day of September, 1968, at 7:30 o'clock P.M., (Central Daylight Sav;ng Time) in the City Council Chamber, City Hall, Du. buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to Lot 2 of Lot 1 of Lot 1 in Block 6 River Front Subdivision No.3 in the City of Dubuque, Iowa, containing approx- imately 'h acre to Berwanger Boil- er Shop, Inc.; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Ber- wanger Boiler Shop, Inc. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Berwanger Boiler Shop, Inc., covering the following described real estate, to-wit: Lot 2 of Lot 1 of Lot 1 in Block 6 River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately 'h acre. for the total purchase price of $5,274.20, be and the same is here- by approved, subject to the follow- ing terms and conditions, to-wit: A. That said parcel of real estate be sold to Berwanger Boiler Shop, Inc., of Dubuque, Iowa, 512 Adjourned Regular and SIJe<'ial Session, SeptembeF 16, 1968 WHEREAS, tlle- City Conn",""! met in Sf)eCial session this 16, day of September, 1968, at 7:30 <>"Clock P.M. D.S.T. d. the CoUDcil Ch""," hers ÌI> tile City Han for the - of hearing all inteF- parties - eonsidering any and all ob,ie<tioos w:IIich ha,.... been filed to the propoæd piaus; $pC- ci&atioM .... contract for or cost of the im~ent berei.. de- scribed and proposed te> be made; and 1II"HEREAS, aU interested parties have been giYen an opportunity 16 he heard and all objections whicb have been duly weighed ad eon- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubl1que, that all objections wbich have been made and filed to the plans. specificafions, eotrtraet tor or cost of said improvement 1rerein de- scn"bed' and proposed to be. made. be and tile same hereby overroled and """" plans, specifications and form of coatract IIeretof...... ap- provat are here!Jy JIdopCed. BE IT FURTHER RESOLVED that flUs resolllÜou oontaining tbe decision of this Comril upon an objections which have be... filed ta the pl811S, specifications and form of cost said improvement be made a mzlter of permanent roe" ord in connection with said in1- pro_onto Passed, -pled and approved this 16 day of September, 1968. Sylvest... McCauley Mayor Walter A. Pregler JleTIin F. Sclmltz Donald R. Meyers Gaylocd M. Cou"hman Councilmen Adjoumed Begalar and Special Session. September 16, 1968. for tile oonstrnettOD of . ..", Passed, adopted aDd approved plant thæeon; th:is 16th day of Septeml>er, 1- B. That th" sale of said real estate Sylvester McCauley mil be at the rare of twenty Ifayur ...nts ($.20' per sqnare foot and Walter A. Pregler receipt of a down payment of Merlin F. Schultz $460.00 i8 llerewitb aekaowl- Donald R. Meyers edgecf. Ga.Ylord M. Couclunan C. That construction of said plant CoWlcilmeu be started within on.. year of Attest: adoption and passage of this Leo F. Frommelt Resolution and sllall he com- City Clerk pleted w.itllin two years of da~e CoIlnel"Iman Meyers moved adop- of adoP?"" and passal:!'. of thIs tion of the resolution. Seconded Resolution, . and upon faIlure!o by Councl"Iman Pregler. Carried by 16 da by the purchasers, smd tbe fulJowiBg vote: nar estate slran revert to the City of Dubuque, Iowa, and pur- . Yeas - Mayor McCauley, Coun- c:f>ase price less' damages shall cllmen Couchman, Meyers, Pregler, be refun<led to tbe purchasenr. Schultz. D. That tIie construction of all Nays-Nolle. building, buildings, yards. park- Proof of Pn?fieation, ~ified ing lots, fences shall he con- ta JJr the ~ublisher, of notice of structed in confDrmaJlCe with pubh" heanng on pendency reso- existing City codes. lution of n""es~ty for construction of AItura Dnve Storm Sewer & That Berwanger Bøiler Shop, Project 196Ir, presented and read. In"., shall ....ct and comtruct Mr. Keith Frommelt and Kerniit said imp1"ßvemeut in coniormi- Krackow both residents of Altura ty ..nth neighboring plants in Drive, .p.estioned the 10catiOlt of relation to the customary set the proposed sewer. ~cl< procedures oø the east Coulldiman Meyers moved that SIde of Kerper Bmllevard. the proof of publication be re- F- That the City of Dubuque grant ceived and filed. Seconded by lIIIlto the purclJaser a perpetual Councilmao Pregler. Carried by easemeDt over a portion of the the following vote: adjoiniDg real estate abutting Yeas - Mayor McCauley, Coun- the property herein described cilmen Couchman, Meyers, Pregler, for the purpose of egress and Schultz. ingress bJ Berwanger Boiler Nays-None. Shop, Inc. Decision of Council upon G- That the City of Dubllque retain objections to plans, a perpetual easement for exist- specificotions, form of contrect ing water lines, existing sani" and cost of improvements tary sewer and storm lines, and RESOLUTION NO. 402063 for. utiTities together with ri~t WHEREAS, proposed plans and of mgress and egress to repall', speciÍlcations and form of contract inspect and maintain the same. far the Section 2. That the City Clerk Altur. Drive Storm Sewer Proj. be and he is hereby authorized ect-1968 . and directed to deliver the said have been approved by the cIty deed of eonveyance to Berwanger CoU1\cil?f the Cio/ of Dubuq!'e Boiler Shop, Inc., upon receipt of and pubhc notice glVen as provld- total purchase price in the amount ed by Chapter 23. o~ the Code ?f of $1;,274.20. ~~~:':ae~~l~n':,lU~d ~~':t'~~ Section 3. That the City Clerk and place fixed for the hearing of be and he is hereby authorized all objections to plans, specifica- and directed to record a certified tions or contract for or cost of copy of this Besalution in the of- such improvements, said time be- fice of the Dubuque County Be- ing this 16th day of September, corder. 1968; and Attest: Leo F. Frommelt City Clerk Couneilman Coucllman moved adoption of the resolution. See- onded by Couneilman Schultz. Car- ried by the following vote; Yea".....illlayOl' McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. (Ne_ity for Improvement) RESOLUTION NO. 3- WHEREAS, proposed plans, spe- cificatioas, fonn of contract, plat and schednle have beeD duly pre- pared and approved by the City 5:13 Council of tbe City of Dubuque and are IlUW on file in the office of the City Clerk slwwing among other tbings the following; 1. The size and kind of sewers. 2. An estimate of the cost of the p_ed improvement. stating the same for each different type of -_It and kind of ma- terial to be used. ...It...... Drive St....m S...r Pnlj- ect<-T968 lIE IT THEREFORE RESOLVED that tbe City Council on its own motion or upon petition of prop- erty <>wIlerS, deems it advisable and necessary for the public we!- fare to mate the herein mentioned improvement, and unless property """"ors at the time of the filial coasidereti.oD of th:is proposed :res- ""'tion !lave on file with the City CIerIt objectiou to the improve- ment they sliall be deemed to have waived an objections them,," Said improvement sIi.aI1 be eon- structed and dam in acror- with the plans and specifieatiools which have been prepared there- fore by the City Engineer which have been approved b l' the City Cooncü and are now on file with tbe City Cleric That the cost and expense of making said improve- ment be paid out of the Municipal Improvements Fund 162J2J Con- tract Jobs and Programs. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 12th day of August, ]g68. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 16th day of September 1968. Sylvester McCauley Mayor Walter A.. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Mayor McCauley moved final adoption of the resolution. Seeond- ed by Couocihnan Pregler. Carried by the following vote: Yeas-Mayar McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. i I ì t , ì I Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of Neces- sity upon proposed plans, specifi- cations, form of contract for con- struction of C i t y of Dubuque Butterfield Road Extension Storm Sewer 1968, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Decision of Council upon oblectlons to plans, specifications, form of contract and cost of Improvemen's RESOLUTION NO. 404-68 WHEREAS, proposed plans and specifications and fol"m of contract for the City of Dubuque Butterfl-Id Road Extension 48" Storm Sow. er, 1968 have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 16 day of Septem- ber, 1968; and WHEREAS, the City Council met in special session this 16 day of September, 1968, at 7;30 o'clock P.M. D.S.T. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, spe- cifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all objec- tions w h i c h have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed Jo the plans, specifications and form of cost and improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 16 day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 514 Adjourned Regular and Special Session, September 16, 1968 Adjourned Regular and Special Session, September 16, 1968 515 (Ordering Construction) RESOLUTION NO. 403-68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 364-68 which duly passed by this Council, for the Altura Drive Storm Sewer Pro . ect-1968 be and the same are hereby or- dered 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 heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for to the contractor out of Municipal Improvement Fund #162J2J Con- tract Jobs and Programs after the work has been completed and ac- cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he i, hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided bv law, the said improvements shall be com. pleted on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 16 day September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second. ed by Councilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Attest; Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, 'Schultz. Nays-None. (Necessity for Improvement) RESOLUTION NO. 367-68 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The size and kinds of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different typo of construction and kind of ma. terial to be used. C it Y of Dubuque Butterfield Road Extension 48" Storm Sew. er 1968. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the improve- ment 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 paid out of Municipal Improvements Fund #162J2J. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 12th day of August, 1968. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. (Ordering Construction) RESOLUTION NO. 405-68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 367-68 which was duly passed by this Council, for the Butterfield Road Extension 48" Storm Sewer-1968 . be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of .. 516 Adjourned ~ and Special Session, September 16, 1968 property owners. AU the work shall be œnstructed in accordaace with tbe plans and specifications heretofore adopted and BOW on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for to the contractor ont of Munidpal ImprO?Cments Fund #162J2J as provided by law after the work has been completed and accepted h¥ the City CoRnelL BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im. provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 60 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that tbis resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Conncil. Passed, adopted and approved this 16 day September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchnw1 Councilmen Attest; Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCaRley, Coon- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 406-68 Preliminary resolution for the construction of (type and place of improvement). GUy of Dubuque 1968 Asbury Road Water Main Project No.1. 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). City efDubu- 1- Asbury Road Water Main ho¡"ct No. . -Irom the west -pony line ." Lot 1 01 Lot 1 ef Asbury Park ,In Seclion 21, Oultuque Township, Dubuque, iowa, 10 the westerly Pl'8perty Ii.. of Lot 2 Gf Lot 1 of Lot 1 of S.W. V. ef S.W. Mo-Seclien 16 T89N. R.2E. Now Therefore Be It Resolved by the City Council of tbe City of Dubuque, Iowa: 1. That the City Engineer is hereby instr""ted to prepare pre- liminary plans and specifications, an estimate 01 total cost, and a plat ""d sched11le for said im- provement and pi.... same on file with the City Clerk. 2. That the property to be ben- efitted by said improvement is (general description of aU prop- erty in district). All real estate abutting on the above described portion of the above named street. 3. 'n1e estimate of total cost of said improvement herein ordered shall include an estimate of the cost of engineering, preliminary reports, property valuations, es- timates, plans, specifications, no- tices, legal services, acquisition of laøQ" consequential dama¡¡es or costa, easements, rights of Wfr$, collStr""tion, (repair) supervisioB, inspection, testing, notices 01 pub- lication, interest" and printing and sale of bonds. These proceedings are covered under Chapter 391-À of the Code of Iowa. S. That said improvemeDl is hereby designated (Short Title). City'" Dubuque 1968 ~ry RDa. W.... Main Proioct ,No. 1 and may be referred to by sach üt!e in an snbsequent proceed- ÌDIS. Passed, adopted and approved this 16th day of September 1968. Sylvester McCauley Mayor Walter À. Pregler Mer1in F. Schnltz Donald R. Meyers Gay1ord M. Couchman CouncìImeJI. Attest: Leo F. Frommelt City Clerli; Couacilman Schultz moved adop- tion of the resolution. Secoaded Adjourned Regular and Special Session, September 16, 1968 517 by Councilman Couehman. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. September 16, 1968 To the Honorable Mayor and City Council Gentlemen; I herewith submit the attached assessment schedule for the im- provement of the City of Dubuque 1968 Asbury Road Water Main Project No.1 showing description of each lot to be assessed, the names of the owners as shown by the City Auditor's roll, the valua- tion of each lot as set by the City Council and the amount proposed to be assessed against each lot. Submitted this 16th day of Sep- tember, 1968. John L. White City Engineer Councilman Pregler moved ap- proval of communication. Second- ed by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 407-68 Resolution determining valua- tions of each lot within the pro- posed assessmeut district for CITY OF DUBUQUE 1968 AS- BURY ROAD WATER MAIN PRO- JECT NO.1 BE IT RESOLVED by the City Council of the City of Dubuque: 1. That the valuations set out in the foregoing list are hereby determined to be the present fair market value, with the proposed improvement completed, of each lot within the proposed assessment district for (Short Title) CITY OF DUBUQUE 1968 AS- BURY ROAD WATER MAIN PRO- JECT NO.1 And the City Clerk is hereby directed to report the same to the City Engineer who shall show sueh valuations on the schedule hereto- fore ordered for said improvement. Passed. adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman CoRncìImen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by CouncI1man Couchman. Carried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 408-68 Preliminary Estimate and Ap. proval of plans, specüications, form of contract, and all other docu. ments for construction of City of Dubuque 1968 Asbury Road Water MaiD Project No.1 from the west property line of Lot 1 of Lot 1 of Asbury Park in SectÌÐn 21 Du- bnque Township, Dubuque, Iowa, to the westerly property line of Lot 2 of Lot 1 of Lot 1 of SW\Is SW'I., Section 16, T- 89 N. Il 2E, at an estimated cost of $17,719.91, presented and read. Councilman Pregler moved adop- tieD of the resolution. Seconded by Councilman Schultz. Carried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 409-68 Resolution of necessity for con- struction of (Short Title) City of Dubuque 1968 Asbury Rood Water Main Project No. I also setting time and place of hear- ing and presoribing notice for (Short Title) City of Dubuquo 1968 Asbury Road Watar Main Project No. I Wherea.. proposed plans and specifications, plat and schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are IIDW on file in the office of the City Clerk I'" which publications shall be not less than fifteen nor more than twenty five days prior to said hear. ing and by mailing a copy of said notice by certified mail to the owners of said property to be as- sessed, as shown by the records in the office of the County Auditor on or before the first publication of the notice. Approved on first reading this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 518 Adjourned Regular and Special Session, September 16, 1968 showing, among other, things the following: a. An estimated total cost of the work. b. The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) City of Dubuquo 1968 Asbury Rood Water Main Project No.1 -from tho wost property lino of Lot 1 of Lot 1 of Asbury Pork in Soction 21, Dubuque Town- ship, Dubuque, lowo to the west. erly property lino of Lot 2 of Lot 1 of Lot 1 of S.W.V. of S.W.v.-Section 16 T89N. R.2E. Be It Therefore Resolved by the City Council of the City of Du- buque, Iowa; 1. That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accord- ance with said plans and specifi- cations and a portion of the total cost of making said improvement shall be assessed against all pri. vately owned property lying with- in the assesament district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the spe- cial benefits conferred thereby and the remainder of the total cost shall be paid out of the Water Works Depreciation fund. 3. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. 4. On the 12th day of October, 1988 at 7:30 P.M., the City Coun- cil will meet in the City Council chambers in the City Hall, in the City of Dubuque, Iowa and hear property owners subject to the as. sessment and interested parties for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby au- thorized and directed to cause pub- lic notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of Attest; Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 410.68 WHEREAS National Distillers and Chemical Corporation has de- livered a Warranty Deed convey- ing to the City of Dubuque, Iowa the following described real es- tate: Lot I of subdivision of Lot 2 of Lot 1 of the Northwest Frac- tional Quarter of the Northeast Quarter of Section 6, Township 88 North, B,ange 3 East of the Fifth Principal Meridian situ- ated in Mosalem Township, Du- buque County, Iowa, embracing an area of 7.503 acres more or less; and Lot 2 of the subdivision of Lot 1 of the Northeast Fractional Quarter of the Northwest Quar- ter of Section 6, Township 88 North, Range 3 East of the Fifth Principal Meridian situated in M 0 s a I e m Township, Dubuque County, Iowa, embracing an area of 12.497 acres more or less. which deed is dated September 9, 1968; and WHEREAS City Council of the City of Dubuque, Iowa, deems it t .+ ,t l Adjourned Regular and Special Session, September 16, 1968 519 in the best public interest to ac- cept delivery of said deed. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Soctlon 1. That the delivery of Warranty Deed by National Distil. lers and Chemical Corporation, dated September 9, 1968, to City of Dubuque, Iowa, conveying the above described real estate be and the same is hereby accepted and payment therefor in the sum of $19,950.00 is herewith approved. Section 2. That the City Clerk be and he is hereby authorized and directed to file in the office of the County Recorder in and for Dubuque County, Iowa, the War- ranty Deed hereinabove referred to. Passed, approved and adopted this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Courhman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 411-68 WHEREAS on the 10th day of September, 1968, a Sewer Service Agreement was entered into by and between the City of Dubuque, Iowa, and the Dubuque Packing Company and which Agreement was executed on behalf of the City of Dubuque by its City Manager, Gilbert D. Chavenelle, and attested thereto by its City Clerk, Leo F. Frommelt; and WHEREAS the City Council of the City of Dubuque, Iowa, has examined said S e w e r Service Agreement dated September 10, 1968, a true copy of which is at- tached hereto and by reference made a part hereof. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Sewer Ser- vice Agreement bearing the date of September 10, 1968, by and be- tween the City of Dubuque, Iowa, and the Dubuque Packing Com- pany be and the same is hereby approved, ratified and confirmed. Soction 2. That the execution of said Sewer Service Agreement bearing date of September 10, 1968, by the City Manager, Gilbert D. Chavenelle, and attested there- to by the City Clerk, Leo F. From- melt, for and on behalf of the City of Dubuque, Iowa, be and the same is hereby approved, ratified and confirmed. Passed, approved and adopted this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 412-68 WHEREAS ROMAC, INC., and THE KENNEDY MALL, INC., havc delivered a Quit Claim Deed to the City of Dubuque, Iowa, cover- ing the following described real estate; Lot 2 of Lot 1 of Lot I of Lot 1 of Hawkeye Stock Farm and Easement A in Sections 27 and 28 in Dubuque Township in the City of Dubuque, Dubuque Coun- ty, Iowa, according to the re- corded plat thereof. which deed is dated November 10, 1967; and WHEREAS Key City Investment Company has delivered a Quit Claim Deed to City of Dubuque 520 Adjourned Regu1ar and Special Session, Septembe.- 16, 1968 conveying the following described real estate; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 2.7 and 2.8, Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa; and Lot 1 of Subdivision of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2. of Lot 2. of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sec- tions 2'1 and 28, Dubuque Town- sbip, Dubuque County, Iowa, now in the City of Dubuque, Iowa. which deed is dated February 29, 1968; and WHEREAS City Council of the City of Dubuque, Iowa, deems it in the best public interest to ac- cept delivery of said respective deeds. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of deed from ROMAC, INC. and the KENNEDY MALL. INC., dated November 10, 1967, conveying to City of Dubuque the property re- lated thereto described in the pre- amble hereof be and the same is hereby accepted. Sactlon 2. That delivery of deed by the Key City Investment Com- pany to City of Dubuque, Iowa, dated February 29, 1968, convey- ing the related portions of real estate described in the preamble hereof be and the same is hereby accepted. Saction 3. That the City Clerk be and he is hereby authorized and directed to file in the office of the County Recorder in and for Dubuque County, Iowa, the respec- tive Quit Claim Deeds hereinsbove referred to. Passed, approved and adopted this 16th day of September, 1968. Sylvestor :McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couehmsn Cou!lcilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. See>- onded by Councilman Schultz. Carried by the following vote: Yeas - Mayor MeCauley, Coun. cilmen Couchman, Meyers, Preg.- ler, Schultz. Nays-None. RESDLUTION NO. 413-68 Preliminary Estimate and ap- proval of plans, specifications, form of contract, and all other doeumenta for construction of Waste Water Treatment Facilities, Terminal street force Main, Cat- fish Creek Lift Station, including Couler Valley Collector sewer and Cedar Street Lift Station, at an estimated cost of $6,430,750.00, presented and read. Couneilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-Nouc. RESOLUTION NO. 414-68 Raoolufflln providing for Notica of Haaring on Proposed Plans, Specifications, and Form of Con- tract for tho eraction and con.- struction of wast. wat... !root. ment facilities, Terminal Street forc. ...ain, and Catfish Creek LIft Station, Including Couler Van.y coiJ.ctor sewer and Ced- ar Stre.t lift station, for tI1e City of Dubuque, Iowa. WHEREAS the City of Dubuque, Iowa, proposes to erect and con- struct Facilities for the Treatment of Waote Water, Terminal Street Force Main, and Catfish Creek Lift Station, for the City of Dubuque, Iowa; and WHEREAS the City of Dubuque, Iowa has caused plans and spee- ifieations to be prepared for the construction of Waste Water Treat- ment Facilities. Terminal Street Foree Main and Catfish Creek Lift Station, for the City of Dubuque, Iowa, which plans and specifica. tions have been prepared by Hen- ningsen, Durham & Riehardson, Ine. and CUllen-Schiltz & Associ- ates, Engineers, and which plans and specifications are dated July 1, 1968; and the total estimated cost thereof is in the amount of $6,430,750.00; and Adjourned Regular and Special Session, September 16, 1968 521 WHEREAS it is neeessarr to fix a time and place of hearing on said proposed plans, specifieations and form of contract, and to give noli.. thereof. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows; Section 1. That the plans, speci- fieations, and form of contract re- ferred to in the presmhle hereof be and tile same are hereby adopt- ed subject to noti... of hearing hereinafter provided and the 30th day of September, 1968, at 7:30 o'clock P.M., (Daylight Savings Time), at the Council Chamber in the City Hall in the City of Du- buque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications, and form of contract for \be c0n- struction of Waste Water Treat- ment Facilities, Terminal Street Foroe Main and Catfish Creek Lift Staoon, including Couler Valley Collector Sewer and Cedar Street Lift Station, for the City of Du- buque, Iowa. Section 2. That the City Clerk is hereby authorired and directed to give notæe of hearing on said pr0- posed plans, specifications, and form of contract by pubtieation of such notice at least once, not less than ten days prior to date fued for said bearing in "The Tele- graph-Herald," a newspaper pub- lished in the City of Dubuque and having a general circulation iD. said City. Said notlœ shall he sub- stantial1y in the following form: Notice of public hearing on pro- posed plans, specifications, and proposed form of contract cov- ering the erection and construc- tion of Waste Water Treatment Facilities, Terminal Street Force Main and Catfish Creek Lift Sta- tion, for the City of Dubuque, Iowa. PUBLIC NOTICE is hereby giv- en that the City Couucil of the City of Dubuque, Iowa, will meet on the 30th day of September, 1968, at \be Council Chamber m the City Hall, Dubuque, Iowa, at 7:30 o'clock P.l\L, Central Daylight Savings Time for the purpose of conducting a Pubtie Hearing on the proposed plans, specifications, and form of con. tract for the erection and con- struction of Waste Wster Treat. ment Facilities, Terminal Street Foree Mam and Catfish Creek Lift Station, for the City of Du. buque, Iowa. The proposed plans, specifications and form of con- tract have been prepared by Henningson, Durham & Richard- son, Inc. and Cullen-Schiltz & Associates, Engineers, and are now on file in the office of the City Clerk in the City Hall, Du- buque, Iowa. The Project consists generally of: 1. Erection and construction of Waste Water Treatment Fa- cilities; 2. Erection and con- struction of Terminal Street Force Main; 3. Erection and con- struction of Catfish Creek Lift Station including Couler Vaney Collector Sewer and Cedar Street Lift Station. The total estimated 'cost thereof is in the amount of $6,430,750.00. At such hearing, any interested person may ap- pear and file objections to the proposed plans, specifications and form of contract or the cost of such improvements. By order of the City Conncil dated Sep- tember 16, 1968, Leo F- From- melt, City Clerk. Se<:tlon 3. That all resolutions, or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon pas- sage and approval. Passed, adopted and approved this 16th day of September, 1969. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. ler, Schultz. Nays-None. 522 Adjourned Regular and Special Session, September 16, 1968 RESOLUTION NO. 415-68 WHEREAS agrement has been entered into between the City of Dubuque, Dubuque County and the Iowa State IDghway Commission, called "Dubuque Urban Area Transportation Committee" or "Transportation Committee" and the Dubuque County Metropolitan Area Planning Commission; and WHEREAS said agreement pro- vides for the establishment of a committee for overall control of the conduct of a Dubuque urban area transportation study pursuant to the Federal-Aid IDghway Act of 1962. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa; Section 1. That the agreement referred to in the preamble hereof a copy of which is described as "Agreement for Technical Assist- ance," marked exhibit A, attached hereto and by reference made a part hereof be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman City Council Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 416-68 Preliminary Estimate and ap- proval of plans, specifications, form of contract, for construction of the Iowa Street Parking Ramp and Appurtenances at an estimated cost of $951,500.00, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 417-68 Resolution pròvlding for a No- tica of Haarlng on proposad plans,' specifications and form of contract for consructlng a parking garaga in and for tho City of Dubuqua, Iowa. WHEREAS the City of Dubuque in Dubuque County, Iowa, has heretofore established and is now operating a system of public motor vehicle parking facilities in said City consisting of both on street parking meters and off-street park- ing lots; and WHEREAS the location and physical characteristics of the busi- ness area together with the in- creased use by the public of motor vehicles, has resulted in serious traffic congestion in the business sections of said City; and WHEREAS the City Council finds and determines that public convenience and necessity will be served by adding to, extending and improving said system of public motor vehicle parking facilities as contemplated by the "Letter Re- port to the City Council and City Manager of Dubuque, Iowa, on the Proposed Iowa Street Parking Ga- rage," dated the 30th day of Aug- ust, 1968, prepared by DeLeuw, Cather & Company, Engineers, now on file with the City Clerk, recom- mending the construction of a multi level reinforced concrete motor vehicle parking structure with a proposed area of approxi- mately 123,000 square feet in the area bounded by the East by Iowa Street, bounded on the North hy Eighth Street, bounded on the South by Sixth Street and bounded on the West by the alley lying be- tween Main Street and Iowa Street in the City of Dubuque, Iowa; and WHEREAS the cost of acquiring said additional motor vehicle park- ing facilities has been estimated to be $951,500.00 and proposed plans, specifications and form of contract for said Iowa Street Park- Ing Garage have been prepared by Adjourned Regular and Special Session, September 16, 1968 523 DeLeuw, Cather & Company, En- gineers, and are now on file with the City Clerk; and WHEREAS it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract and to give no- tice thereof. NOW THEREFORE be it and it is hereby resolved by the City Council of City of Dubuque, Iowa, as follows: Section 1. That the plans, speci- fications, and form of contract re- ferred to in the preamble hereof be and the same are hereby adop- ted subject to the notice of hear- ing hereinafter provided and the 30th day of September, 1968, at 7:30 o'clock P.M., Daylight Savings Time, at the Council Chamber in the City Hall in the City of Du- buque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications, and form of contract for constructing the Iowa Street Parking Garage. Section 2. That the City Clerk is hereby authorized and directed to give notice of the hearing on said proposed plans, specifications and form of contract by publication of such notice at least once, not less than ten days prior to date fixed for said hearing in "The Telegraph-Herald," a newspaper published in the City of Dubuque, Iowa, and having a general circula- tion in said City. Said notice shall be in substantially the following form; Notice of Public Hearing on Proposad Plans, Specificalions, and Proposad Form of Contra:t covering tho construction of the Iowa Street Parking Garage in and for tho City of Dubuqua, Iowa. PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will meet on the 30th day of Sep- tember, 1968, at the Council Chamber in the City Hall, Du- buque, Iowa, at 7;30 o'clock P.M., Central Daylight Savings Time, for the purpose of conducting a Public Hearing on the proposed plans, specifications, and pro- posed form of contract for the construction of the Iowa Street Parking Garage to be located in the area bounded by Iowa Street on the East, by Eighth Street on the North, by Sixth Street on the South, and on the West by the alley lying between Iowa Street and Main Street in the City of Dubuque, Iowa. The proposed plans, specifications and form of contract have been prepared by DeLeuw, Cather & Company, Engineers, and are now on file in the office of the City Clerk in the City Hall, Du- buque, Iowa. The Project consists generally of the construction of a multi level reinforced concrete motor vehicle parking structure with a floor area of approximately 123,- 000 square feet, together with accessories and appurtenances, including sidewalks, curb, street drainage and lighting improve- ments. As such hearing, any interest- ed persons may appear and file objections to the proposed plans, specifications, and form of con- tract or to the cost of such im- provements. By order of the City Council, dated 16th day of September, 1968. Leo F. Frommelt, City Clerk. $action 3. That all resolutions, or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon its pas- sage and approval. Passed, adopted and approved this 16th day of September, A.D. 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor McCauley. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Adjourned Regular and Special Session, September 16, 1968 RESOLUTION NO. 418-68 I ination of $1000 each, to be dated September 1, 1968, and to mature in numerical order $28,000 on De- cember 1, 1972, and $30,000 on December 1 of each of the years lW3 and lW4. All of the bonds of said issue shall bear interest at the rate of Three and thre.quarters per cent (3-0/. %) per annum, such interest being payable June I, 1969, and semiannually thereafter on the first days of December and June of each year. Said bonds shall be signed by the Mayor and attested by the City Clerk, and th" seal of said City aCfixed, and be registered as to issuance by the City Treas- urer and a certificat" of such reg. istration endorsed thereon. Inter- est on said bonds shall be evI- denced by coupons thereto at- tach"d and maturing on the several days when such interest matures, which coupons shall be executed with the facsimile signatures of said Mayor and City Clerk, and said officials, by the execution of said bonds, shall adopt as and for their proper signatures their reo spective facsimile signatures ap.- pearing on said coupons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America, at the office of the City Treasurer in and of the City of Dubuque, Iowa. Section 2. That each of said bonds be subject to registration as to principal ouly in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registra- tion payment of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of such holder, personally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bonds so trans- ferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bond as to principal shall not re- strain the negotiability of the coupons thereto attached by de- livery merely. 524 Resolution providing for the issuance of $83,000 Flood Protec- tion Bonds of the City of Du. buque, Iowa. WHEREAS the City of Dubuque, Iowa, has heretofore incurred ex- penses exceeding $83,000 in com- bating a flood caused by the over- flowing of the Mississippi River within said City and tbere are no funds available to pay said ex- penses, to the amount of $83,000; and WHEREAS in order to pay said expenses, to the amount of $83,000 it is necessary that provisions be made at this time for the issuance of bonds of said City in the princi- pal amount of $83,000 payable from taxes levied upon all the taxable property in said City as author- ized and permitted by Chapter 333 of the Laws of the Sixty-second General Assembly of the State of Iowa; and WHEREAS notice of a meeting for the initiation of proceedings for the issuance of said bonds bas heretofore been given in the man- ner and form required by Chap- ters 23 4O8A of the Code of Iowa and no petition or protest against the issuance of said bonds has been filed responsive to Section 23.13 of the Code of Iowa and no petition has been filed requesting that the proposition of issuing said bonds be submitted at an election; NOW THEREFORE, Be n Re- solved by the City Council of the City of Dubuque, Iowa, as folloW!f: Section 1. That pursuant to and as authorized by Chapter 333 of the Laws of the Sixty-second Gen- eral Assembly of the State of Iowa, and for the purpose of paying ex- penses, to the amount of $83,000, incurred by the City of Dubuque, Iowa, in combating a flood cansed by the overflowing of the Missis- sippi River in said City, as referred to in the preamble hereof, there shall be and there is hereby or. dered issued the negotiable Flood Protection Bonds of said City of Dubuque in the principal amount of $83,000, said bonds to be eighty- three (83) in number, numhered consecutively from 1 to 83, both numbers included, of the denom- Adjourned Regular and Special Session, September 16, 1968 525 Section 3. That said bonds, cou- pons and provisions for registra- tion be substantially the following form; (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE FLOOD PROTECTION BOND No............. $1000 KNOW ALL MEN BY THESE PRESENTS: Tbat the City of Du- buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to the registered holder hereof, the sum of One Thousand Dollars ($1000) on the first day of December, 19......, with interest on said sum from the date hereof until paid at the rate of Three and Three-quarters per cent (30/. %) per annum, payable June 1, 1969, and semiannually thereafter on the first days of December and June in each year, interest to maturity being payable on presentation and surrender of the interest coupons hereto attached as they severally mature. Both principal and inter- est of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of an author- ized series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions of Chapters 76 and 395 of the Code of Iowa, 1966, and all laws amendatory thereof and sup. plementary thereto, and in con. formity with a resolution of the City Council of said City duly passed, approved and recorded for the purpose of paying expenses incurred in combating a flood in said City. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Tresaurer of said City, such registration to be evidenced by notation of said Tresaurer on the back hereof, and after such regis- tration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration here- of shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed prece- dent to and in the issue of this bond, were and have been proper- ly existent, had, done and per- formed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and per- sonal property of said City are ir- revocably pledged for the prompt payment hereof, both principal and interest; and that the total indebt- edness of said City, including this bond, does not exceed any consti- tutional or statutory limitations. IN TESTIMONY WHEREOF, said City, 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 hereto at- tached to be executed with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper sig- natures their respective facsimile signatures appearing on said cou- pons, all the first day of Septem. ber, 1968. """"""""""""""""""""""""""""" Mayor of the City of Dubuque, Iowa. Attest: """""""""""""""""""""""""""""" City Clerk of the City of Dubuque, Iowa (Form of Coupon) No................. $................ On ................................, 19......, the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer .............................................. Dollars ($..............................) at the office of the City Treasurer, Du- value of said bonds with accrued interest thereon. All action here- tofore taken in connection with the sale and award of said bonda is hereby ratified and confirmed in all respects. Section 5. That, as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ordered levied upon all of the taxable property in said City a direct annual tax for each of the years while said bonds or any of them are outstanding in amounts sufficient for that pur- pose, and that there be and there is hereby levied on all the taxable property in said City the follow- ing direct annual tax, to-wit: For the year 1968 a tax snf- ficient to produce the sum of $3,891 for principal and in- terest; For the year 1969 a tax suf- ficient to produce the sum of $3,113 for principal and in- terest; For the year 1970 a tax snf- ficient to produce the sum of $3,113 for principal and in- terest; For the year 1971 a tax suf- ficient to produce the sum of $26,113 for principal and in- terest; For the year 1972 a tax suf- ficient to produce the sum of $32,250 for principal and in- terest; For the year 1973 a tax suf- ficient to produce the sum of $31,125 for principal and in- terest. That all action heretofore taken for the levy of the taxes herein- before provided to be levied in the year 1968 for collection in 1969 is hereby ratified and con- firmed. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the years 1968 to 1973, inclusive, to enter for col- lection and assess the tax hereby authorized. When annually enter- ing said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solety and only for the pay- ment of the principal of and in- terest on the bonds hereby author- ized and for no other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed, and that this resolution become effective immediately up- on its passage and approval. Passed and approved September 16, 1968. Sylvester McCauley Mayor 526 Adjourned Regular and Special Session, September 16, 1968 Adjourned. Regular and Special Session, September 16, 1968 527 buque, Iowa, for interest due that date on its Flood Protection Bond, dated September 1, 1968, No............ """"""""""""""""'M;Ÿ~;"""" Attest: .............................."...................... City Clerk (Form for Registration of Ownership) Date of Registration .......................................................... Name of Registered Owner .......................................................... Signature of City Treasurer .......................................................... On the back of each bond there shall be endorsed a certificate of the City Treasurer in the follow- ing form; City Treasurer's Certificate The issue of this bond has been duly and properly regis- tered in my office as of the first day of September, 1968. Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shall register the fact of the issu- ance of same in a book provided for that purpose and shall deliver said bonds to the purchasers as determined by this Council, upon receipt of the purchase price, the same to be not less than the par Attest: Leo F. Frommelt City Clerk Recorded September 16, 1968. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the fallowing vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 419-68 A RESOLUTION providing for the issuance of $490,000 Airport Bonds and providing for the levy of taxes to pay the .ame. WHEREAS the City of Dubuque, Iowa, has heretofore established a muuicipal airport pursuant to the law as now contained in Chap- ter 330 of the Code of Iowa, 1966, and said airport is now owned by said City under the management and control of its Airport Com- mission; and WHEREAS under the provisions of Section 330.16 of the Code of Iowa, 1966, the City of Dubuque, Iowa, is authorized to issue its airport bonds for the purpose of improving said airport and in ac. cordance with the request of the Airport Commission and as ordered by this City Council, notice of a meeting of the City Council for the purpose of instituting proceed- ings and taking action for the issuance of $490,000 Airport Bonds of said City to pay the cost of improving said airport has hereto- fore been given in the manner, time and form as required by law; and WHEREAS no petitions or ob- jections have been filed or made protesting the issuance of said bonds and no petition has been filed with the City Clerk under the provisions of either Section 330.16 or Section 4O8A.2 of the Code of Iowa, 1966, asking that the question of issuing said bonds be submitted to the voters of said City; NOW, THEREFORE, Be n Re- solved by the City Council of the City of Dubuque, Iowa, as follows; Section 1. That pursuant to and as authorized by Section 330.16 of the Code of Iowa, 1966, there shall be and there is hereby ordered issued the negotiable Airport Bonds of said City of Dubuque in the principal amount of $490,- 000, said bonds to be ninety-eight (98) in number, numbered consec- utively from 1 to 98, inclusive, of the denomination of $5000 each, and dated September I, 1968; that the bonds of said issue numbered 1 to 48, inclusive, shall bear in- terest at the rate of Three and one-half per cent (3'"'%) per an- num from the date of said bonds until paid, and bonds numbered 49 to 98, inclusive, shall bear in- terest at the rate of Three and eighty-hundredths per cent (3.80%) per annum from the date of said bonds until paid, all of such inter- est being payable June 1, 1969, and semiannually thereafter on the first days of December and June in each year; that said bonds be signed by the Mayor and at- tested by the City Clerk and the 528 Adjourned Regular and Spedal Session, September 16, 1968 seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate Qf such registration endorsed there. on; that interest of said bonds be evidenced by coupons thereto at. tached and maturing on the several days when such interest matures, which coupons sball be executed with the facsimile signatures of said officials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their proper signatures their re- spective facsimile signatures ap- pearing on said coupons; that both principal and interest be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa; and that said bonds become due and pay. able in their numerical order; $40,000 on December 1, 1969, and $50,000 on December 1 of each of the years 1970 to 1978, inclusive. Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so regis- tered, and after snch registration payment of the principal thereof shall be made only to the regis- tered holder. Any bond so regis- tered, upon the request in writi~ of such holder personally or by attorney-in-fact, may be transferred either to a desipated transferee or to bearer, and the principal of any bond so transferred and reg- istered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Regis- tration of any bonds as to princi- pal shall not restrain the negotia. bility of the coupons thereto at. tached by delivery merely. Section 3. That said bonds, cou- pons and provisions for registra- tion be in substantially the follow- ing form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE AIRPORT BOND No. ............ $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du. buquc, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to the registered hold- er hereof, the sum of Five Thou- sand Do1lars ($5000) on the first day of December, 19........, with in- terest on said sum from the date hereof until paid at the rate of ....,......................................... per cent (........%) per annum, payahle June 1, 1969, and semiannually there- after on the first days of Decem- ber and June in each year, such interest as may accrue on and prior to the maturity hereof to be payable only on presentation and surrender of the interest cou- pons hereto attached as they sev- erally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa- This bond is one of an author- i7.ed series of bonds numbered from 1 to 98, inclusive, issued by the City of Dubuque pursuant to and in strict compliance with the provisions of Section 330.16 and Chapter 76 of the Code of Iowa, 1966, and all laws amendatory thereof and supplementary there- to, and in conformity with a res- olution of the City Council of said City duly passed, approved and recorded, for the purpose of im- proving the Municipal Airport in and for said City. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in reg- ular and due form and time; that provision has been made for the levy of a sufficient continuing an- nual tax on all the taxable prop- erty within said City for the pay- ment of the principal and interest of this bond as the same will re- spectively become due; that the faith, credit, revenues and resourc- es and all the real and personal property of said City are irrevoc- ably pledged for the prompt pay- ment hereof, both principal and interest; and that the total indebt- Adjourned Regular and Special Session, September 16, 1968 529 edness of said City, including this bond, does not exceed any consti- tutional or statutory limitations. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenœd hy notation of said Treasurer on the back hereof, and after such reg- istration no transfer hereof, except upon such books and similarly noted hereon, shan be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, 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 hereto attached to be executed with the facsimile signa- tures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their reo spective facsimile signatures ap- pearing on said coupons, all lhe first day of September, 1968. """"""""""""""""""""""""""""" Mayor of Ihe City of Dubuque, Iowa Attest; .......................................................... City Clerk of the City of Dubu'lue, Iowa (Form of Coupon) No. """""""" $............ On .............................., 19........, the Treasurer of the City of Dubuque, in Dubuque, Iowa, will pay to bearer """""""""""""""""" Dollars ($..................) at the office of the City Treasurer, Dubuque, Iowa, for interest due that date on its Air- port Bond, dated September I, 1968, No. ................. Att::;""""""""""""'r;¡;ÿ;;;"""""""" """"""""ci¡ÿ"ë¡;;;:¡;""""""""""'" (Form for Registration of Ownarship) Date of Registration """""""""""""""""""""""'"""", ........................................................ Name of Registered Owner ........................................................ ........................................................ .........-............................................ Signature of City Treasurer ...................................................-... ........................................................ ........................................................ On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form; City Treasurer's Certificate The issue of this bond has been duly and properly regis- tered In my office as of the first day of September, 1968. .................................................. Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shall register the fact of the is- suanœ of same In a book provided for that purpose and shall deliver said bonds to the purchaser, as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. All action and proceedings heretofore taken in connection with the sale and award of said bonds are hereby ratified and confirmed in all re- spects. Section $. That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current fund¡¡ in the sums thus advanced when the taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque Coun- ty and that said Auditor be and he is hereby instructed in and for each of the years 1968 to 1977, inclusive, to enter for collection and assess. the tax hereby author- ized. When annually entering said taxes for collection,. the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the proceed¡¡ of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of prin- cipal and interest of the bond¡¡ hereby authorized and for n, other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed to the extent of such conflict. Passed and approved September 16, 1968. a Municipal Airport pursuant to the law as now contained in Chap- ter 330 of the Code of Iowa, 1966, and said airport is now owned and controlled by said City; and WHEREAS said City has here- tofore created an Airport Com- mission for the management and control of its airport as permitted and authorized by the law as now contained in Sections 330.17 et seq. of the Code of Iowa, 1966; and WHEREAS under the law as now contained in Section 330.16 of the Code of Iowa, 1966, the City of Dubuque, Iowa, is author- ized to contract indebtedness and issue its general obligations bond] to provide funds to pay the cost of improving its airport and it is necessary and advisable that Airport Bonds of said City be issued in amount of $490,000 to pay the cost of improving the municipal airport of said City; and WHEREAS pursuant to the re- quest of this Airport Commission contained in a resolution adopted by this Commission on July 15, 1968, the City Council of said City did, on July 15, 1968, adopt a resolution fixing a date for the initiation of proceedil1gs for the issuance of $490,000 Airport Bonds to pay the cost, to that amount, of improving the Airport of said City and August 5, 1968, was fixed as the date of hearing on the pro- posal to issue said bond¡¡; and WHEREAS notice of intention to issue said bond¡¡ was published on July 18, 1968, in the "Telegraph- Herald"; and WHEREAS no petition or ob- jections were filed protesting the issuance of said bonds and no one appeared responsive to said pub- lished notice to object to such action and no petition was filed asking that the question of issu- ing such bonds be submitted to the legal voters of the City, and on the 16th day of September, 1968, the City Council of the City of Dubuque adopted a resolution providing for the issuance of $490,- 000 Airport Bonds, dated Septem- ber 1, 1968, maturing in numerical orner $40,000 on December 1, 1969, and $50,000 on December 1 of each of the years 1970 to 1978, inclu- sive, with the bonds maturing in the years 1969 to 1973, inclusive, 530 Adjourned Regular and Special Session, September 16, 1968 Adjourned Regular and Special Session, September 16, 1968 531 direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and dis- charge the principal thereof at maturity, there be and there is hereby ordered levied on all the taxable property in said City in each of the years while said bond¡¡ or any of them are outstanding, a tax sufficient for that purpose, and in furtherance of this provi- sion, but not in limitation thereof, there be and there is hereby lev- ied on all the taxable property in said City the following direct annual tax, to-wit; For the year 1968 a tax suf. ficient to produce the sum of $62,375 for principal and in- terest; For the year 1969 a tax suf- ficient to produce the sum of $66,500 for principal and in- terest; For the year 1970 a tax suf- ficient to produce the sum of $64,750 for principal and in- terest; For the year 1971 a tax suf. ficient to produce the sum of $63,000 for priocipal and in- terest; For the year 1972 a tax suf- ficient to produce the sum of $61,250 for principal and in- terest; For the year 1973 a tax suf- ficient to produce the sum of $59,500 for principal and in- terest; For the year 1974 a tax suf. ficient to produce the sum of $57,600 for principal and in. terest; For the year 1975 a tax suf- ficient to produce the sum of $55,700 for principal and in- terest; For the year 1976 a tax suf. ficient to produce the sum of $53,800 for principal and in- terest; For the year 1977 a tax suf- ficient to produce the sum of $51,900 for principal and in. terest. All action heretofore taken for the levy of the taxes hereinbefore provided to be levied in the year 1968 for collection in 1969 is here- by ratified and coufirmed in all respects. Sylvester McCauley Mayor Attest; Leo F. Frommelt City Clerk Recorded September 16, 1968. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Pregler. Car. ried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION confirming action taken by the City Council in connection with the issuance and sale of $490,000 Airport Bonds. WHEREAS the City of Dubuque, Iowa, has heretofore established bearing interest at the rate of Three and one-half per cent (3'h %) per annum and bonds maturing in the years 1974 to 1978, inclusive, bearing interest at the rate of Three and eighty-hundredths per cent (3.80%) per annum, and pro- viding for the levy of annual taxes to pay the principal of and inter- est on said bonds; and WHEREAS on September 10, 1968, said bonds were sold at public sale to the Morgan Guar- anty Trust Company of New York, and a certified copy of the res- olution providing for the issuance of said bonds and for the levy of taxes to pay the same was filed in the office of the County Auditor of Dubuque County, Iowa, on the 17th day of September, 1968, and said resolution is now in full force and effect; and WHEREAS the members of this Airport Commission have read, examined and approved all of the resolutions, notices, certifications and publications of the City Coun- cil in connection with the author- ization and sale of said Airport Bonds and the levy of taxes to pay the principal thereof and the interest thereon; NOW, THEREFORE, Be n and n Is Hereby Resolved by the Air- port Commission of the City of Dubuque, Iowa, as follows: Section 1. That all of the pro- ceedings, acts and things hereto- fore adopted, done and performed by the City Council of the City of Dubuque, Iowa, in connection with the improvement of the mu- nicipal airport of said City of Dubuque, Iowa, and in connection with the authorization, issuance and sale of said $490,000 Airport Bonds of said City to be dated September 1, 1968, and for the levy of taxes sufficient to pay the principal thereof and interest thereon as the same respectively become due are hereby approved, ratified and confirmed in all re- spects. Section 2. That this Airport Com- mission hereby approves, author- izes, ratifies and confirms such further steps as, may need to be taken by the City Council and City officials of the City of Dubuque, Iowa, to complete the improve- ment of such airport of said City 532 Adjourned Regular and Special Session, September 16, 1968 .ERICA Adjourned Regular and Special Session, September 16, 1968 533 and to complete the issuance and delivery of said bonds in accord- ance with the aforementioned pro- _dings. Section 3. That this resolution be entered of record as evidence of the approval and adoption by this Airport Commission of the above described acts and proeeed- ings. Passed and approved September 17, 1968. 1.. M. Harney Chairman and Commissioner Vic J. Grice Commissioner Wm. Clemens Jr. Commissioner F. R. Woodward Commissioner 1.. 1.. Peterson Commissioner Attest: F. R. Woodward Secretary Recorded September 17, 1968- F. R. Woodward Secretary ORDINANCE NO. 60-68 An Ordinance authorizing the Issuance of $1,995,000 sewer bonds and providing for the levy of taxes to pay the same, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- msn Pregler. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchmab, Meyers; Pregler, Schultz. Nays-None. ORDINANCE No. ..... AN ORDINANCE _I'lno the Is- :~n~"",r':'no$1lo""1!."".C le~.r ta~ pay the lame. . . WHEREAS the CItY CounlY of DubUQUe , ~=':.:ItC"~f,ua.;~o ., ordered aed .",Ylded UNITED E~ S OF CO F C . SE ~-="-":"':."',~' ,':L.~~ -, 'MO;W "c;;y'ëièo1<'" (~J" ~a~ Of B-..:"'I.. -.. Raol- CIIY ....... _ror """'."" ............ ....... ..., Do the bod< of -- bond ..... .... be endo"" a ""!flcate of the CIIY T.....-or ~llYtheT=~s ~¡fkato Tho ,- Of "" - ... .... :r&. a¡: .n,:rIT...;,-..:r ':;'1::.': bor, '961. . ëlii ' ;¡¡ , iiùioö.iW, VHr 1m ",. "" ,... 'MI ,... '961 a lax sUfficient sum ." ""!eO tor á tax lufflclen' of $121.961 tor 'a lax suffl"'" Of S'IS,ISO tor oI, a tax """cle" .of Sua.:uo tor Ó tax suffI<Mf 01 SI71.<50 tor .. a tax sUffIcient .. ""." fOr ~ tax """clent 01 $2'3"" for '~ tax ..- 01 $251.150 tor ~ ..tax~"'I.r a... """clent 01 .....'SO tor ~'v.:Nócl%,: . -. tax sufficient to ........ fOr ...Incl'" , For lie "ar' a In -enl ~=c:""~~t ...",.. for Amount -.... :mo.... :mo.... - ....... ...- MO.;';' or ',¡;o' ëliir' ';" ""'u¡¡,;o;'¡o;;,; Affelt, '(;ii-, ë..rii"cii",;;o'c;;y'O¡' Dubuqu", Iowa. (Form 01 Cou""n) No. s, - .. That ..Id bonds, ....... :œ.t:.;;V:Ii¡.Ien.t.. '%.IO~:,r=: be 'n ~~m:.' ;~~. :/11; i!~te.:l. '1".= of the g~"i'rJ:,urer. DJb~:':- =. Adjourned Regular and Special Session, September 16, 1968 by Councilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. FINAL ESTIMATE RESOLUTION NO. 420-68 WHEREAS, the contract for the Cleening of the West 32nd Street Detention Basin has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $19,772.90. That -0- of the cost thereof shall be assessable upon private prop- erty and $19,772.90 shall be paid from the Sanitation Sewage Rental Fund of the City of Dubuque. Passed, adopted and approved this 16th day of September 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 534 .ome so",lee I wilen ~ !e.! ..01 occou.;;-',-be used sol.. to, the ooyment ot .,'ne'.o' ïièd 'and to,ot':'heot~~s.:.=v .:~~m: ev". That, the .~~'~he':.' ~:::~.. ~~~t on hand to .oy the .oma " L 'n>m cu,...... ,noment be In the .um. 'axes he,oln .,ovlded sholi have ..en coliected. Socllon 6. That oli o""nonces. "so- lution. °, .0'" the,..1 In conflict he... with be and the .ome o,e no,eby ,.. ..oled to tho extent 01 ..en conflict. Po"" and o.""oved se.tembe' 16. '968. Sylves'o, McCauleY. Moy., Allest, Leelt:'Cr.~mmelt Oo<o"'ed ...tembe' 16, ,968- PUOIISht., set.'°~'1.",,';mr.1 ,968- CItY Cle'" H:'~~.\I~s~~:'\"".ln23;!J" d~el:l"%:::: tem"'. ,968. ~I'& ~¡e.'k~melt 11.-9-23 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. September 11, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: The Cleaning of the West 32nd Street Detention Basin has been completed in accordance with plans and specifications by M. F. Goerdt Construction Company of Dubuque, Iowa. I recommend that the improve. ment be accepted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. (A Resolution Accepting Improvement.) RESOLUTION NO. 421-68 WHEREAS, the contract for the CLEANING OF THE WEST 32ND STREET DETENTION BASIN has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Adjourned Regular and Special Session, September 16, 1968 BE IT RESOLVED, by the City Councilman Pregler moved adop- Council of the City of Dubuque, tion of the resolution. Seconded that the recommendation of the by Councilman Meyers. Carried by City Manager be approved and that the following vote; ~aid improvement be and the same Yeas - Mayor McCauley, Coun- IS hereby accepted. cilmen Couchman, Meyers, Pregler, BE IT FURTHER RESOLVED, Schultz. that the City Treasurer be and he Nays-None. is hereby directed to pay to the contractor from the Sanitation Mr. Dick Hansel addressed the Sewage Rental Fund the amount Council in response to a notice he of his contract, less any retained re~ei~ed as to th~ removal of a percentage provided for therein. bwicl1ng constructIOn shed whICh Passed adopted and approved seems to be an eyesore near Key- this 16th day of September 1968. ,,:,ont Drive. He is willing to g~t , sIgnatures from the neIghbors m Sylvester McCauley the hope of proving that it is of Mayor no immediate menace. The shed Walter A. Pregler contains construCtion material and Merlin F. Schultz will be removed as the area is Donald R. Meyers developed. It will cost approxi. Gaylord M. Couchman matety $1500. to move the shed Councilmen and its contents as of this date However he did'mention the fact that he would try, to move the shed and contents next spring. There being no further business CouncìIman Pregler moved to ad- journ. Seconded by Councilman Couchman. Carried by the follow- ing vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Leo F. Frommelt City Clerk Attest; Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec. onded by Councilman Meyers. Car- ried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 422-68 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following have com- plied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- arettes and Cigarette Papers with- in said City. Mount St. Bernard Semmary, 2360 Carter Road (Effective Oct. 1, 1968) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 16th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 535 Approved ....................................1968 Adopted ......................................1968 """"".""""""..."""""""""""""""" .......................................................... """""""""""""""'.""""""""""'."', .......................................................... -""""""""""""""""""""""""'""", Councilmen Attest """"""""ëiïŸ"c¡;;¡;.""."'...' i~ I Iii III Special Session, SeptembeJ- 23, 1968 537 City Solicitor for InftStlgation and Dubuque, Iowa- by R_allng report. Seconded by Councilman SuboadÎon 11 of Schedule II Couchman. Carried by the follow- thereof, and Enading a New ing vote; Subsedion 11 to Schedule II Yeas - Mayor McCauley, Coun- thereof to !,",vlde that Carter cilmen Couchman Meyers Pre ¡ler Road be desIgnated a thru street Schultz. ' , 'from the East property line of Nays-None. John F. Kenned1( Roed to the South property Ii... of Asbury Notice of claim of Edwin E. Street and from the north prop. Frith of 831 Kaufmann Ave., in erty line of Asbury Street to an unspecifIed amount, for dam- the South property line of Kauf. age incurred as the result of a -nn Avenue, and from the baeked.up sanitary sewer on Sep- North property line of Kauf. tember 15, 1968, presented and menn Avenue to the South prop. read. Councilman Meyers moved erty line of W. 32nd Street, that the notice of claim be reo presented and read. ~~ to; the City Solicitor for Councilman Pregler moved that mvestigat~on and report. Secon~ed the reading just had be considered by Council~ Couchman. Carned the first reading of the Ordinance. by the folloWIng vote: Seconded by Councilman Schultz. Yeas - Mayor McCauley, Coun- Carried by the following vote; cilmen Couchman, Meyers, Pregler, Yeas - Mayor McCauley Coun- Schultz. cllmen Couchman, Meyers, Pregler, Nays-None. Schultz. Notice of claim of Ed. J. Lang Nays-None. of 2414 Windsor Ave. for damage to his porch roof duril1g the proc. ess of trimming trees h¥ the City park crew during the month of Augnst 1968, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the foliow- ing vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of claim of Mrs. Gene Beighle of 2738 Linda Court, In an unspecified amount, for car damage received as the l"e5Ult of striking a raised portion of bricks in Walnut Street on September 21, 1968, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seeonded by Councilman Couchman. Carried by the follow. ing vote; Yeas - Mayor McCauley, Coun- cilmen Couchmen, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 61-68 ..An Ordinance Amending Ordi. nonce No. 33-49, as Amended, Known as the "TraHic Code of September 23, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Water Depart. ment, City Auditor, City Treasurer, as well as a list of claims aud payrolls for which warrants were drawn for the month of August, 1988. 536 Special Session, September 23, 1968 CITY COUNCIL OFFICIAL Special Session, Sepl8nlber 23, 1968. Council .- at 7:30 P.M. (D.5.T.) Present - Mayor McCauley, Councilmen Couchman, Meyen, Pregler, Schultz. City Manager Gilbert D. Chevenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Considering Di_1 of City I... hrest in Various parcels of ReM Estate and actiJ1i upon such otber busi- ness as may properly come before I a regnlar meeting of the City Co~:cilman Pregler moved that ' the rules be suspended in order to let anyone present address the Council if they so desire. Seeond- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Rev. Thomas Rhomberg, Director of Catholic Charities, addressed the Council by presenting a plan to provide housing for low income people. It is being contemplated to erect a housing unit on donated property in the vicinity of Kauf- mann & Carter Roads at an ap- proximate cost of $90,000. This would consist of eight, two-bed- room apartments, to rent some- where in the vicinity of $85.00 per month, with all utilities and ser- vices furnished. This is not to be considered low cost cheap housing. Communication of Dub u que County Hospital extending an in- vitation to participate in the ground-breaking ceremonies at the Dubuque County Nursing Home to be held on Wednesday September 25, 1968, presented and read. CouncìIman Meyers moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. lIespectfnlIy , Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Couch- man. Carried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of Augnst, pre- sented and read. Councilman Preg- ler moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Notice from District Court ad- vising that the final report of Thomas Voelker, as Receiver, in the case of Merlin & Janet Reit- tinger, is to be set down for a final hearing on October 12, 1968, presented and read. Councilman Pregler moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote; Yeas - Mayor McCauley, Coun- cllmen Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of claim of Mrs. Lyle Wil- son of 2844 Jackson Street, in the amount of $81.00, for damage in- curred as the result of a backed- up sanitary sewer on September I 14, 1968, presented and read. i Councilman Meyers moved that the i notice of claim be referred to the Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. man Schultz. Carried by the fol- lowing vote; Yeas - Mayor McCauley, Coun- cllmen Couchman, Meyers, Pregler, Schultz. Nays-None. 1; e lieu SeII""u," " 11. Cert., Roed '...m th. ee" .,.pe"" II.. of th. John F. K.nnedy Roed I. Ihe Soulh ...ope"" line of . end '...m th. lIne " A,bu", -.. South ...ope"" IIn. " Kaut- menn A""nuo. end f...m th. North """""" lIne of Keut- m."" A"",," to th. South """"" lIne .f W. 32.. SI"". 538 Special Session, September 23, 1968 Special Session, September 23, 1968 539 P"..d, ...,.,ved end edoptod thl. r 23rd dOY of september, 1968. ,- Svlvos'" McCoo'ev Me", We"'r A. Preoler Merlin F. Schulfz Don.:d R. Moven Goylord M. Couchman Councilmen AllosI, Leo F. F,.,mmell Cltv Clerk Publl.hod officiallY In The Teleo"P/>- Herald New"a..r thl. 26th dOY of Soo- tember 1968. Leo F. Frommelt Cltv Clerk 11. '126 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by th,e fOllowing vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 62-68 An Ordinance Amandlng Ordi. nance No. 33-49 as Amanded, Known as the "Trafflc Code of Dubuque, Iowa" by adding a New Subsection 8 to Section A of Schedule X thereof, to Re- quire Northbound Vehicles to Yield Right of Way Before En. tering the Intersection of Coates Street and Southgate Drive, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. ~ays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. CROINANCE NO. .... [C I R TI S1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Secllon 1. That Ordinance No. ....., " amended, known" the "T"fflc Code of Dubuque. Iowa" be and tho ..me ,. hereby emended bY addl.. a new .ub- .."Ion B to se"lon A of Schedule X ther'" .. follow", "Schedule X A. NorthDound vehlcl.. mu.t yield bel<>re entering tho Inl",edlon QI' B. C"", Slree! and South.." Drive." Pa..ed, a..,.,ved and ado.led thl. 23rd dOY 01 September. 1968. Svl...ler McCaulev Me", AII..I' Leo F. Frommelt Cltv Clerk publl.hed offIcially In The Teleg,,"'" Herald New..a.., Ihl. 26lh dev of sel> tember 1968. Leo F. Frommelt Cltv Clerk SectIon I. That .. emended, known of Dubuque. Iowa" hereby .mended bv "cUon 5 to section Iher... " lollow", "Schedu'e III C. W..tbound vehlcl.. muot "0. beto," entering the Interoedlon of, S. St. Anne Drive and Ridge R..d." P""". '..,.,ved end .do.ted thl. 23rd doy 01 Se.'ember. 1968. Sylvester McCaul" M.", W.ller A. Preolor Merlin F. S""'tz Donald R. Meven GOYI"d M. Couchman Councilmen AllosI, Leo F. Frommelt Cltv Clerk Publl,"ed ofllclellv In The Teleg".h- Her"d New.....r thl. 26th doy of Sel> "mber "'B. Leo F. Frommelt CIty Clerk 11.9126 Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 63-68 An Ordinance Amending Ordi. nance No. 33-49 as Amended, Known as the "Traffic Code of Dubuque, Iowa" by adding a New Subsection 5 to Section C of Schedule III thereof, to Re- quire Westbound Vehicles 10 Stop Before Entering the Inter. section of St. Anne Drive and Ridge Road, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. ..... 11. '/26 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Muscular Dystrophy Associations of America requesting permission to conduct a fund drive, presented and read. Councilman Couchman moved that the petition be referred to the City Manager with power to act. Seconded by Councilman Pregler. Carried by the following vote; Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Curtis-Straub Co. re- questing permission to excavate in Windsor Avenue between E. 22nd & Regent Street, presented and read. Councilman Meyers moved approval of the petition subject to approval of City Engi. neer. Seconded by Councilman Couchman. Carried by the fallow. ing vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Katherine S. Dilworth et al (30 signers) requesting that the residential areas of James Street be permitted to remain a Two Family District, presented and read. Councilman Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of Lot 4 of Block 3 of River Front Sub. No.2 to Dubuque Holiday Sales Inc. in the amount of $6,163.74, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 423-68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspa- per of general circulation published in the City of Dubuque, Iowa, on Augnst 30, 1968, and September 6, 1968, City Council of Dubuque, Iowa, met on the 23rd day of Sep- tember, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to Lot 4 of Block 3 of River Front Subdi- vision No.2 in the City of Du. buque, Iowa, containing 0.7075 ac- res in the City of Dubuque, Iowa, to Dubuque Holiday Sales, Inc.; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Du- buque Holiday Sales, Inc. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA; Section 1. That the disposal of interest of City of Dubuque, Iowa, 540 Special Session, September 23, 1968 in real estate to Dubuque HolidaY Sales, lnc. covering the following described real estate, to-wit: ' Lot 4 of Block 3 of River Front Subdivision No.2 in the City of Dubuque, Iowa, containing 0.7075 acres, for the total purchase price of $6,168.74, be and the same is here- by approved, subject to the follow. ing terms and conditions. to.wit; A. That said parcel of real estate be sold to Dubuque Holiday Sales, Inc. for the constructÌÐn of . new plant; B. That the sale of said real estate shall be for twenty (2Oc) per square foot or a total purchase price of $6,163.74, and receipt of down payment thereon in the amount of $640.00 is here- with acknowledged; C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purcbase and upon failure so to do by the purchasers, said real estate shall revert to the City of Du- buque, Iowa, and purchase price less damages shall be refunded to the purchasers. D. That the construction of all building, buildings, yards, park- ing lots, fences shall be con- structed in conformance with existing City codes. E. Sale and conveyance shall be subject to existing easements. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Dubuque Holiday Sales, Inc. upon receipt of total purchase price in the amount of $6,163.74. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, adopted and approved this 28rd day ef September, 1968. Sylvester McCauley, Mayer Walter A. Pregler Merlin F. Schult:! Donald It Meye,.. Gaylord M. Couchman CounciJmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by CounciJman Schultz. Carried. by the following vote: Yeas - Mayor McCauleJ, Coun- cilmen Couchman, Meye,.., Pregler, Schultz. Nays-None. Proof of Publication, certified to by the publisher, of notice of pub- lic hearing to consider a proposal to dispose of a portion of Henion street lying southerly of the south property line of West 16th Street being 122 feet in length and that portion of the alley abutting same being 20 feet in width, now platted and described as Lot 32A Yates Subdivision in the City of Du- buque, Iowa, to Loras College, presented and read. No written objections were fil- ed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Couchman moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, eoun. ciJmen Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 42,ua WHEREAs, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on September 3, 1968, and September 10, 1968, City Council of Dubuque, Iowa, met on the 28rd day of Sep- tember, 1968, at 7;30 o'clock P.J(. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to that portion of Henion Street lying southerly of the south property line of West 16th Street being 122 feet in length and that portion of the alley abutting same being 20 feet in width wbich shall herein. after be pJatted, described and known as Lot 32A of yates Sub- division in the City of Dubuque, Iowa, to Loras College: and W1lEREAs, City c.,uncil of Du. buque, Iowa, overruled any and aU objections, oral or written. 1ø the Special Session, September 23, 1968 541 proposal to dispose of interest of City of Dubuque, Iowa, in the above described real estate to Loras College. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Seelion 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Loras College covering the following described real estate, to-wit: Lot 22A of Yates Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. for the total purchase price of $25.00 plus costs of publication be and the same ts hereby approved. Seelion 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Loras Col- lege upon receipt of total purchase price in the amount of $25.00 plus costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in tbe of- fice of the Dubuque Ceunty Re. corder. I Passed, adopted and approved this 23rd day of September, 1968- Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. September 16, 1968 To the Honorable Mayor and City Council Gentlemen: The Civil Defense Warning Sir- en for Fire Station No.2 has been completed in accordance with plans and specilications by West- phal, Inc. of Janesville, Wisconsin. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenene, City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Couchman. Carried by the fonowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. FINAL ESTIMATE RESOLUTION No. 425-<18 WHEREAS, the contract for the City of Dubnque - Civil Defense Warning Siren FIre Station No.2 has been completed and the City Engineer has submitted his final estimate showing the cost thereof ineludtng the most of estimates, 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 improve- ment is bereby determined to be $3,082.72. That $1,541.36 of the cost there- of shall be paid by Federal Funds and $1,541.36 shall be paid from tbe #150 Fund of the City of Du- huQl1e. Passed, adopted and approved this 28rd day of September, 1968. Sylvester McCauley Mayor Walter A.. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the followil1g vote: Yeu - Mayor McCauley, Coun- cilmel1 Couchman, Meyers, Pregler, Schultz. Nays-None. (A Resolution Accepting Improve- ment) RESOLUTION NO. 426-68 WHEREAS, the contract for the City of Dubuqne - Civil Defense Warning Siren Fire Station No. :a 542 Special Session, September 23, 1968 has been completed and the City 10:00 A.M., Monday, September 23, Manager has examined the work 1968 for the construction of the and filed his certificate stating Diane Court Sanitary Sewer and that the same has been completed Storm Sewer 1968. according to the terms of the con- The lowest bid received was sub- tract, plans and specifications and mitted by Smitty's Construction recommends its acceptance, now Company of Dubuque, Iowa. Their therefore, bid was 7.0% under the Engineer's BE IT RESOLVED, by the City estimate. I recommend that the Council of the City of Dubuque, contract be awarded to Smitty's that the recommendation of the Construction Company. City Manager be approved and Respectfully submitted, that slÙd improvement be and the Gilbert D. Chavenelle'~' same 15 hereby accepted by law. City Manager BE IT FURTHER RESOLVED, that the City Treasurer be and he Councilman Pregler moved ap- is hereby directed to pay to the proval of the City Manager's rec- contractor from the funds upon ommendation. Seconded by Coun- the above described improvement cilman Meyers. Carried by the fol- in amount equal to the amount of lowing vote; his contract, less any retained per- Yeas-Mayor McCauley, Council- centage provided for therein. men Couchman, Meyers, Pregler, Passed, adopted and approved Schultz. this 28rd day of September, 1968. Nays-None. Sylvester McCauley (Awarding Contract) Mayor RESOLUTION NO. 427-68 Walt~r A. Pregler WHEREAS, sealed proposals Merlm F. Schultz have been submitted by contrac- Donald R. Meyers tors for the Diane Court Sanitary Gaylord M. cou~man Sewer and Storm Sewer-1968 pr- Councllmen suant to Resolution No. 352-68 and notice to bidders published in a newspaper published in said City on September 6, 1968 and Septem- ber 13, 1968; and WHEREAS, slÙd sealed proposals were opened and read on Septem- ber 28, 1968, and it has been deter- mined that the bid of Smitty's Con- struction Company of Dubuque, Iowa in the amount of $6,165.39 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Smitty's Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of slÙd work. BE IT FURTHER RESOLVED, that upon the signing of slÙd con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Proof of Publication, certified to by the publisher, of notice to con- tractors of receipt of bids for the construction of Diane Court Sani- tary and Storm Sewer 1968, pre- sented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. September 23, 1968 To the Honorable Mayor and City Council Gentlemen; Pursuant to your instructions sealed bids were received until Special Session, September 23, 1968 543 Passed and adopted this 23rd day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Richard Fuerst of 1895 Roosevelt addressed the Council by objecting to the weed growth on the lots from 1898 to 1988 on Garfield from Emerson Street to Roosevelt Street. He advised the Council that action was rather slow after reporting the condition to the proper authorities. He was as- sured that the weeds would be cut just as soon as possible. There being no further business Councilman Pregler moved to ad- Iii! I journ. Seconded by Councilman Couchman. Carried by the follow- ing Vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1968. Adopted ......................................1968. ............................................................ ............................................................ ............................................................ ..........................................................., .........................................................., Councilmen Attest: """"ëiiŸ"'c¡;;¡;""""""""."'" Special Sessicm, Septemb..- 30, 1968 September 30, 1968 To the Honorable Mayor and City Co_I Gentlemen: I reqœst permission to attend the International City Managers' Assoeiation Conference, October 20-2f, 1908 in Detroit. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the request be granted. Seconded by CouncìIman Pregler. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. September 30, 1968 To the Honorable Mayor and City Council Gentlemen: I would like your approval to construct concrete foundations un- der !.be old "T" hanger doors at the Municipal Airport. The bids were taken on specifications sucb as are attached, these specs were sent to three local contractors re- sulting in a low hid of $5,394.80. We estimated the cost would be under $5,000.00 but due to increase depth of footing cost has exceeded $5,000.00. Therefore, your approval is necessary. Very trnly yours, John L. White City Engineer Councilman Couchman moved approval of the recommendation. Seconded by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays-None. September 30, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on the following proposal: to reclassify from Single Family Residence to Local Business "B", the following property: The North 180 feet of the Old Timer's Athletic and Supper Club Place in the City of Du- buque, Iowa. 544 CITY COUNCIL (OFFICIAL) Special Session, September 30, 1968. c...-.en met at 7:30 P.M. (D.5.T.) Present-Mayor McCauley, Coun. cilmen Couchman, Meyers, Pregler, Schult%. City Manager Gilbert D- Chavenelle. Mayor McCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt. ing reoolutlons for taking of bids for the construction of a parking garage and 0180 for taking of bids for the construction of waste wa- ter treatment facilities, Interceptor sewers, lift stations and force maino, and acting upon such other business as may properly come before a regnlar meeting of the City Council. September 30, 1968 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policies, and desire to have your approval on same. BOND CONTINUATION CERTIFICATE H & B American Corporation, Unit- ed States Fidelity & Guaranty Co. COMPREHENSIVE LIABILITY Curtis Straub Company, State Auto- mobile & Casualty Underwriters SIDEWALK Donald L. Ohmert, American States Insurance Co. Ralph A. Reisen, American States Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that filing be approved subject to ap- proval of the City Solicitor. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Special Session, September 30, 1968 545 Lot Z of 1 of Z of the East 2 acres of Lot I and Lot 2 of 1 of 1 of 2 of the East 2 acre. of Lot 1 of J. P. Metteis Subdivi- sion No.2 in tbe City of Du- buque, Iowa. These areas are presently oe- cupied by nonconforming business establishments. The first is oc- cupied by the Old Timers' Supper Club and the second by the Power Lawn and Garden Equipment Com- pany. These uses were established prior to the annexation of this property to the City. The Commia- sion has reviewed development plans for these sites and the area lying between the two sites. n was the opinion of the Commission that rezoning these two sites to make the existing uses conforming would not hinder future develop- ment of this area and would not have a detrimental affect on the existing development around these two sites. It is also the opinion of the Commission that rezonil1g these two sites would not constitute soot zoning because they were consid- ered in the framework of a plan for the entire undeveloped area along Kennedy Road in this vicin- ity. n is the recommendation of the Planning and Zoning Commission that the proposal as stated above, be adopted. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Councilman Meyers moved that the recommendation of the Com- mission be approved and referred to the City Attorney for proper proceedings. Seconded by Mayor McCauley. Carried by the follow- ing vote: Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays-None. September 30, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have property located on Kennedy Road and described as Lot 1 of 1 of 3 of Lot 1 and Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 3 of Lot 1 of Highland Farm be reclassified from Single Family Residence to Multiple Family Resi- dence. This property has 100 feet of frontage on Kennedy Road and is a little over a half acre in size. Area on three sides of this site is developed for Single Family Residences. It is the opinion of the Com. mission that because of the small site and because of the develop- ment around it, that this would be considered spot zoning rather than a part of the plan for this area. n is the recommendation of the Planning and Zoning Commission that the request be denied. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson Director of Planning Councilman Pregler moved that the recommendation of the Com- mission be approved. Seconded by Councilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Communication of Sill i man, Gray & Stapleton, attorneys, for Hartford Accident and Indemnity Group advising of their entrance into a law suit for Merl Goerdt Construction Co. & Peoples Natural Gas vs. LeRoy and Rose Mary Beau and requesting participation of the local City Solicitor, pre- sented and read. Mayor McCauley moved that the communication be referred to the City Attorney. Sec. onded by Councilman Couchman. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. September 30, 1968 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on August 28, 1968, for appointments to the POLlCE DEPARTMENT. Special Session, September 30, 1968 547 RESOLUTION NO. 428-68 GARAGE IN AND FOR THE Resolution providing for taking CITY OF DUBUQUE, IOWA. bids for the construction of a PUBLIC NOTICE is hereby Perking Garage in and for the given that sealed proposals en- City of Dubuque, Iowa. dorsed Iowa S t r e e t Parking WHEREAS, it is necessary and Garage will be received by the advisable that the system of pub. City of Dubuque, Iowa, at the lic motor vehicle parking facilities office of the City Clerk in the in the City of Dubuque, Iowa, be City Hall, Dubuque, Iowa, until extended and improved by the 10:30 o'clock A.M., Central Stand- construction of a multi-level rein- ard Time, on the 13th day of forced concrete parking structure November, 1968, for furnishing with a floor area of approximately all necessary materials, equip- 123,000 square feet in the area ment, superintendence, and labor bounded by Iowa Street on the for the construction of the Iowa East, Eighth Street on the North, Street Parking Garage, to be Sixth Street on the South, and on located in the area bounded on the West by the alley lying be- the East by Iowa Street, bound- tween Main Street and Iowa Street ed on the North by Eighth in the City of Dubuque, Iowa; and Street, bounded on the South d by Sixth Street, and bounded on cif~~S~ ~';;'P~~';.",Pl~~S, ~~~: the West by the alley lyi~g tract for said Iowa Street Park- between Iowa Street and Main ing Garage have been prepared by ~:,,:t ~c~~n~Ity to of t~Ub~i:' DeLeuw, Cather & Company, En. d'... e s gineers, and are now on file in an specIfIcations therefor, pre- the office of the City Clerk and pared by De~uw, Cather & it is necessary to fix a time and Company, Engineers. 165 West place .for takin.g bids for the con- ::~Ck~~wD~:e'fi~hif:g~hern.:~f~~~ struction of s81d Improvement. of the City Clerk. The project NOW THEREFORE BE IT AND consists generalty of the com- IT IS HEREBY RESOLVED BY plete construction of a multi- THE CITY COUNCIL OF THE level reinforced concrete motor CITY OF DUBUQUE, IOWA, AS vehicle parking structure with FOLLOWS; a floor area of approximatety Section 1. That on the 13th day 1~3,ooO. square feet, together of November 1968 at 10'30 o'clock wIth sIdewalks, curbs, streets, A M Centr';¡ Sta'ndard' Time at drainage and lighting, all as the '~ffice of the City Clerk: in sh~wn in the plans and specifi- the City Hall, in the City of Du- cations. buque, Iowa, is hereby fixed as Each proposal shall be made the time and place of taking bids on form furnished by the City for the construction of the Iowa as a part of the specifications, Street Parking Garage. shall be addressed to the City Section 2. That the Mayor and of Dub':!que, c/o Leo F. From- City Clerk are hereby authorized melt, CIty Clerk, CIty Hall, Du- and directed to give notice of the buque, .Iow~, and must be ac- taking of said bids by publication compamed m. ~ separate enve- of such notice once each week for lope by a certifIed check drawn at least two consecutive weeks in on a solvent Iowa ba~k payable "The Telegraph-Herald," a news- to the order of the CIty o~ Du- paper published in the City of buque, .Iowa, or a deposIt of Dubuque, Iowa, and having a gen- money l~ an amount equal to eral circulation in said City, the at least fIve (5%) percent of the first of which publications in said amount of ~he prop~sal. Ii the newspaper shall be at least fifteen ~uccessful bIdder f~lls to en~er (15) days prior to the date fixed into a contract wIth t~e CIty for receipt of bids. Said notice of D'!buque, Io,:"a, for s~ld work shall be in substantially the fol- or falls to furmsh a satIsf~ctory lowing form: ~erformance bond,. or falls to fIle the necessary msurance as NOTICE OF TAKING BIDS required by the specifications FOR THE CONSTRUCTION OF within fifteen (15) days after THE IOWA STREET PARKING notification of the award, the 546 Special Session, September 30, 1968 The following named persons I Auditor instructed to issue proper have passed both the written and warrant. Seconded by Mayor Mc- physical examinations and their Cauley. Carried by the following names are hereby certified for vote; appointment to the POLICE DE- Yeas-Mayor McCauley, Council- PARTMENT. men Counchman, Meyers, Pregler, Mark F. Meyer 85% Schultz. Paul J. Feller 76% Nays-None. Keith C. Oswald 7~% Petition of Marcille A. Pauly Respectfully subInltted, requesting a refund of $75. on the Louis F. Fautsch unexpired portion of cigarette li- Chairman cense No. 232, as she has discon- LeRoy H Giles tinued business on September 28, Gerard É. Noonan 1968, presented and read. Council. Civil Service Commission man Meyers moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Mayor McCauley. Car- ried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of hearing on plans, specifications, form of contract covering construc- tion of the Iowa Street Parking Garage, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rules be suspended in order to allow the representatives of the architectural firm of DeLeuw & Cather to make their presentation of the plans for the new Parking Garage. Seconded by Councilman Meyers. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Jim Saag and Ron Simon of DeLeuw Cather, stated that the plans have not been materially changed from the previous presen- tation. The cost of construction however has been increased by approximately eight per-cent, from last year. Attest: Leo F. Frommelt Clerk Subscribed and swore to before me this 30th day of September 1968. Engene J. Berens Notary Public in and for Dubuque County Iowa Councilman Pregler moved that the communication be received and made a matter of record. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Notice of claim of Karl E. Mil- ler in behalf of Karl & Jacqueline Miller, minors, in the amount of $525,000 each, for personal in- juries received by said minors on January 13, 1968, as the result of their vehicle being forced into a snow bank, said snow allegedly was not removed from the street by the City, on January 13, 1968, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. S e can d e d by Councilman Schultz. Carried by the following vote; Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Petition of Marcille A. Pauly requesting a refund of $150. on the unexpired portion of Class B Beer License No. 83, as she has discontinued business on Septem. ber 28, 1968, presented and read. Councilman Meyers moved that the reful1d be granted and the I ", 548 Special Se..ion, September 30, 1968 check may be cashed or deposit money forfeited 85 liquidated damages. Payment to the Contractor will be made from accumulated cash on hand and from the pro- ceeds of the sale of Parking Facilities Revenue Bonds of said City, monthly estimates will be paid to the Contractor 85 the work progresses in amounts equal to ninety (90%) percent I of the contract value of the work completed durng the pre- ceding calendar month, includ- ing the value of material suit- ably stored on premises up to the first day of that month as estimated by the Engineer. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally com- pleted. Final payment of the remaining ten (10%) percent due the Contractor will be made not earlier than thirty-one (31) days from the final acceptance of the work by the City, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa, 1966. The successful bidder will be required to furnish a Perform- ance Bond in an amount equal to one hundred (100%) percent of the contract price, said bond to be issued by a responsible ~~:~il "1i¡O;;'~ ;%a':~ C~~ I faithful performance of the Con- tract and the terms and condi- tions therein contained, and shall also gnarantee the work performed and materials fur- nished against defects in ma- terials or workmanship for a period of one (1) year from the date of final acceptance of the work by the City. The construction work shall be commenced within ten (10) days after the execution of the Contract and shall be fully com- pleted on or before the 1st day of July, 1969, subject to any extensions of time which may be granted by the City Council. Copies of the plans and spe- cifications and proposal forms may be obtained at the office of the City Engineer, in the City Hall of Dubuque Iowa, or at the office of the DeLeuw, Cather & Company, Engineers, -- 165 West Wacker Drive, Chicago, illinois, on deposit of the sum of Twenty-Five ($25.00) Dollars for each set of plans and spe- cifications. The full amount of the deposit will be refunded upon the return of the plans and specifications, transporta- tion prepaid, in good condition, within ten (10) days after the opening of the bids. By virtue of statutory author- ity a preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa do- mestic labor. No bid may be withdrawn within a period of thirty (30) days from and after the date fixed for opening bids. The City reserves the right to reject any or all proposals and the contract will be award- ed to the lowest responsible bidder. Published upon order of the City Council, City of Dubuque, Iowa. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Section 3. That all provisions set out in said proposed form of notice are hereby recognized and prescribed by this City Council and that all resolutions or orders or parts thereof to tbe extent that same may be in conflict herewith are hereby repealed. Passed and approved this 30th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of Special S..siol1, September 30, 1968 549 public hearing on proposed plans, the office of the City Cierk, in specifications, and proposed form the Ci1y Hs1l, In the City of Du. of contract covering the erection buque, Iowa, is hereby fixed as and construction of Waste Water the time and place of taking bids Treatment Facilities, T e r m i n a I for the construction of waste wa. Street Force Main and Catfiah ter treatment facilities, and inter- Creek Lift Station for the City ceptor sewers, 11ft stations and of Dubuque, Iowa, presented and force mains for the City of Du. read. No written objections were buque, Iowa. filed and no oral objectors were SecHon 2. That the Mayor and present in the Council Chamber City Clerk are hereby authorized at the time set for the public and directed to give notice of the hearing. Co u n c i I man Pregler taking of said bids by publication moved that the proof of publica- of such notice once each week tion be received and filed. Second- for at least two consecutive weeks ed by Councilman. Couchman. Car- in the "The Telegraph.Herald", a ned by the followmg vote: newapaper published in the City Yeas-Mayor McCauley, Council- of Dubuque, Iowa, and having a men Couchman, Meyers, Pregler, general circulation In said City, Schultz. the first of which publications in Nays-None. said newspaper shall be at least fifteen (15) days prior to the date fixed for receipt of bids. Said notice shall be in substantially the following form; Notice of taking of bids for con. structlon of Waste Watar Treat- _nt Facilities and Intercaptor Sowers, Lift StaHons and Fo.... Mains for the City of Dubuque, Iowa. Sealed proposals will be re- ceived by the City Clerk of the City of Dubuque, Iowa at the office of the City Clerk in the Dubuque City Hall In said City until 10:30 o'clock A.M., C.S.T. on the 14th day of November, 1968 for the construction of waste water treat- ment facilities and interceptor sewers, lift stations and force mains for said City as described in the plans and specifications therefore now on file in the office of the City Clerk. All said pro- posals will be publicly opened and read by the City Manager and submitted to the Council for final action at a meeting to be held at the Council Chamber in the City Hall at said City at 7;30 o'clock P.Jl. on the 18th day of Novem- ber, 1968, and a contract will be awarded at that time or such sub- ~uent time as the Council may deterllline. The nature and extent of the facilItIes are as follows: RESOLUTION NO. 429-68 Resolution providing for taklllSl of bids for tho construction of Waste Water Treatment Facil. Itie. and Interceptor Sowers, Lift Stations and Force Mains for the City of Dubuque, I_a. WHEREAS, the City of Dubuque, Iowa proposes to construct waste water treatment facilities and in- terceptor sewers and lift stations and force mains for the City of Dubuque, Iowa; and WHEREAS, proposed plans, spe- cifications and form of contract for said waste water treatment facilities and interceptor sewers, lift stations and force mains for the City of Dubuque, Iowa, pre- pared by Henningson, Durham and Richardson, Inc., engineers, Oma- ha, Nebraska and Cullen-Schiltz and Associates, Dubuque, Iowa and are now on file in the office of the City Clerk and it is neces- sary to fix a time and place for taking of bids for the construc. tion of said improvements. NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That on the 14th day of November 1968, at 10;30 o'clock A.M., Central Standard Time, at CONTRACT I-SECTION I Couler Valley Collector Sewer, including: (1) 5,200 l.f. 42" Vitrified Clay pipe (2) 270 l.f. 42" Ductile Iron pipe or Cast Iron pipe, jacked in place (3) 500 l.f. 42" Ductile Iron pipe or Cast Iron pipe in liner pipe, jacked in place 550 Special Session, September 30, 1968 (4) 5,270 l.f. 36" Vitrified, Clap pipe (5)' 30 l.f. ;30" Vitrified Clap' pipe (6) 1,670 l.f. 24" Vitrified Clap pipe (7) 86 l.f. 24" Ductile Iron pipe or Cast Iron pipe, jacked in place (8) 90 l.f, 24" Ductile Iron pipe of Cast Iron pipe, in liner pipe, jacked in place. 25 l.f. 21" Vitrified Clay pipe 280 l.f. 18" Vitrified Clay pipe 240 l.f. 15" Vitrified Clay pipe 190 l.f. 12" Vitrified Clay Pipe 24 l.f. 12" Ductile Iron pipe or Cast Iron pipe, jacked in place 280 l.f. 8" Vitrified Clay pipe 32 l.f. 8" Ductile Iron pipe or Cast Iron pipe, jacked in place 50 l.f. 8" Ductile Iron pipe or Cast Iron pipe in liner pipe, jacked in place (17) 650 l.f. Manhole sidewall 24" pipe & larger (18) 50 l.f. Manhole sidewall 21" pipe & smaller (19) 44 ea. Manhole Bases 24" pipe or larger (30) 8 ea. Manhole Bases 21" pipe & smaller (21) 52 ea. Manhole Rings & Covers (22) 15,000 l.f. %" copper pipe house water service (23) 1,200 l.f. 4" sanitary sewer house latenls (24) 10 ea. Concrete catch basins Type "A" .(25) 1,600 SQ. yd. 8" concrete paving street replacement (26) 17,745 SQ. yd. Hot-Mix-Hot Laid Asphaltic Concrete Street replace- ment , (27) 200 sq. yd. 6" concrete driveway replacement (28) 600 SQ. ft. 4" concrete sidewalk replacement (29) 2,500 l.f. Type A concrete curb & gntter replacement (30) 6,100 l.f. 8" crushed stone street & Right-of.Way replacemel1t CONTRACT I-SECTION II C,edar Street Lift Station, including' 1 Lift station, including pumps and moton, and all apurtenances com. plete and in operation. CONTRACT II-SECTION I Waste Water Treatment Facilities, Including mechanical bar screen, me- tering facilities, grit and grease removal facilities, two 90 ft. diameter primary clarifiers, two 195 ft. diameter trickling filters, vacuum filter facilities for sludge, incineration facilities, chlorination equipment, build- ings, piping, wiring and appurtenances, and revising to existing clarifier facilities. CONTRACT II-SECTION'II 'Terminal Street Force Main, including; (1) 7,880 l.f. 30" Cast or Ductile Iron force main (2) 80 l.f. 30" Cast or Ductile iron force main, jacked or bored In place (3) 670 l.f. 30" Cast or Ductile iron force main in liner, jacked or . bored in place (4) 40 ea. 30" Cast or Ductile Iron fittings (5) 5 ea. air and vacuum relief fittings (6) 1 ea. connection to Terminal Street Lift Station (7) 340 l.f. crushed stone street replacement (8) 900 s.f. 4" concrete sidewalk (9) 2,180 SQ. yd. 8" plain concrete pavement (10) 3,175 SQ. yd. aspbaltic concrete pavement CONTRACT II-SECTION m Ca flshCreek LIft Station, including: (1) 1 Lift station including pump and motors (2) 1,154 l.f. 18" Cast or Ductile iron force main, including air and vacuum relief, manhole, and road replacement (3) 105 1.1. 18" Cast or Ductile iron force main in liner, jacked or bored in place (4) 600 l.f. 4" Cast or Ductile Iron water line, Including gate valve (5) 50 l.f. 4" Castor Ductile Iron water line, jacked or bored in place (9) (10) (11) (12) (13) (14) (15) (16) Special Session, September 30; 1968 551 Each proposal shall be made on a form furnished by the City and must be accompanied by a check certified by an Iowa bank, and filed in a sealed envelope, separate from the one conlainjng the, pro- posal, in an amount equal to ten percent (10%) of the amount of the proposal, made payable to the City Treasurer of the City of Du- buque, Iowa, and may be cashed by the Treasurer 'as ,liquidated damages in the event the succesS, ful bidder fails to enter into a contract within ten days (10) days after await!, and post bond satis- factory to the City insuring the faithful fulfillment of the contract and maintenance of said improve- ments as required by law. Payments to the Contractor Will be made by the City in cash fi'ònl a Federal Grant and/or such other funds of the City as may be legally used for such purposes. Payment to the Contractor will be made on the basis of monthly estimates in amounts equal to uinety percent (90%) of the work completed and approved, including materials and equipment delivered to the job. Payment of the balance of the ten percent (10%) due to the Contractor will be made thirty- one (31) days from the final ac. ceptance of said work by the City, subject to the conditions in ac- cordance with the provisions of Chapter 573 of the Code of Iowa 1962 as amended. By virtue of statutory authority, a preference will be given to products and provisions grown, and coal produced within the State of Iowa and to Iowa domestic labor. The successful bidder will be required to furnish a bond in amount equal to one hundred per- cent (100%) of the contract price, said bond to be issued by respon- sible surety approved by the City Council and shall guarantee the faithful performance of the' con- tract and the terms and conditiol1' therein conlained and the main. tenance of improvements in' good repair for not less than two '(2) years from the time of acceptance of the improvements by the City. The work under the proposed contract shall be commenced on or before January 1, 1969, and shall be completed on or before the following: ,Contract l"-Section LCouler Valley Collector Sewer . , December 31; 1969 Contract I-Section II Cedar Street Lift Station .,; ".' Ðe~ember 31, 1969 , ,Contract II-Section I Waste "'Water Treatment Facilities October 1, 1970 Contract II-Section II Termi, nal street Force, Main December I, 1969 Contract II-Section m Cat. fish Creek Lift Station July I, 1970 No bid submitted by any con- tractor which contains a condition or. qualification shall be rec"gnized or ;l<!cepted' by the City Council, and. any letter or communication accompal yÌllg ihebid which con. lains ,It conditio)l <)r qualification upon the bid which has the effect of qualifying ,or modifying any provision of the' specifications in any manner will be construed; as Ii qualifying bid, ,and may be reo jected by the City Council as not responsive. Each bidder will be required to state his prices for doing all the items in each section on which he makes a bid and for all things l1ecessary to make a completed job. The contractor, when requested by the City of..Dubuque,will fur- nish a statement .ofhis financial and practical qualifications as pro- vided for in the General Require- ments of the Specifications, ,The City Council reserves the right to reject all bids. The con, tract will be let, to the lowest qUalified bidder unless all bids are rejected, or ,the Coul1cil for ~ause shall find it necessary to reject one or more bids. Plans and specifications govern. ing the, construction of the pro- posed improvements have, been prepared by Henningson, Durham & Richardson,' I n c., Engineers, Omaha;' Nebraska, - and Cullen- Schiltz and AsSociates, Dubuque, Iowa, which' plans' 'ánd specifica- tion" ,'and tlÍe proceedings of the Citý' Council refe'rring to and defining said proposed improve- ments are hereby made a part of this notice and of. the proposed contract by reference, and the proposeœ'contract shall be execut- ed incompliance' therewith., onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler, Sdlultz. Na78-None. September 27, 1968 Honorable Mayor and Council Members Gentlemen; Tbe City Planning and Zoning ComlDÙlsion has reviewed the pre- liminary plat of Block 6 and Block 7 in PIoneer Hills and have found that the plat meets the minimum requirements of the Subdivision Regulations and is an appropriate design for this area. n is the recommendation of the Planning and Zonil1g Commission that the plat be approved. RespèctfullY sIIbmitted, CITY PLANNJNG AND ZONING COMMISSION Don Gilson DIrector of Planning Councllman Schultz moved that therecomlI1endation of the Com- mIssion be approved. Seconded by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 4»68 Resolution approving the plat of Block 6 and Block 7 In "Pionee. Hilla In th.. City of Dubuque, low. WllEllEAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Block 6 and Block 7 in "Pioneer Hills" In the City of Dubuque, Iowa, by James A. Cosley and Marian T. CoS ey; and WllÈREAS, upon said plat ap- pear streets to be known as Cody Drive, together with certain public utility easements which the Own- ers by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had Its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that tbe same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brougbt to grade, or pav. ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the dedieationa of Cody Drive, together with the eaaementa for publIc utilities IS the lame appear upon said plat, be and the same are bereby ac. cepted: Section 2. That the plat of Block 6 and Block 7 In "PIoneer HiUs" In the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City crt Dubuque, Iowa upon said plat, provided the owne¡-s of said prop- erty herein named, execute their written acceptance hereto attached agreeing; a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Cody Drive with hi. tuminous concrete, or with concrete paving with integral curb, all In accordance with City of Dubuque standard specifications; b. To ins t a II sanitary sewer mains and sewer service lat- erals in accordance wit h plans submitted with the plat; c. To install water mains and water service laterals in ac- cordance with plans submit- ted with the plat; d To install concrete sidewalks as required by Ordinances, and where directed by the City Engineer and City Man, ager; e. To construct the fore~oing improvements in accordance with plans and specifications approved by the City Man- ager, under tbe inspection of the City Engineer, and in a manner approved by the City Manager; f. To maintain the foregoing improvements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; g. To provide for foregoing con- struction and maintenance at 552 Special Session, September 30, 1968 Special Session, September 30, 1968 553 Copies of laid plans and spe- cifications are now on ftle wiih the City Clerk In his office at Dllbuque, Iowa, and with the En. gineers for examination by bid- ders. Copies of said plans and specifications will be mailed to interested bidders upon pqment of Fifty Dollars ($50.00) for Con- tract I, and FIfty Dollars ($50.00) for Contract n, nolle crt which will be refunded. Requests for plans shall be made to Henningson, Dur. ham and RIchardson, 31166 Farnam Street, Omaha, Nebraska, 681211; and Cullen-Schiltz and Associates, 197 Jones Street, Dubuque Iowa 62001. Bidden on thIs work will be required to comply with the PresI. dent's Executive Order No. 11114 and the provisions of E1œeutlft Order No. 10925 as included tbere- in. The requirements for bidclen and contractors under this order are explained in tbe specifieations. In accordance with federal law the Contractor shall conform to the minimum wage seale to be promulgated by the U.S. Depart- ment of Labor, whieh mintmum wage scale Is a part of the spe- cifications. Published upon order of the City Council of Dubuque, Iowa' and dated this 30th day of September, 1968. Sylvester M<Cauley Mayor Attest: Leo F. Frommelt Clerk of City of Dubuque, Iowa Section ,. That all provisinllS set out in said proposed form of notice are hereby recognized and prescribed by this City Council and that all resolutions or orders or parts thereof to the extent that same may be in <onflict herewith are hereby repealed. Passed and approved this 30th daY of September, 1968. Sylvester McCauley Mayor Walter A. Pregler MerlinF. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the J1!8OIut1on. See> the sole expense of the Sub- divider, James A. Cosley and MarIan T. Cosley, as owner; h. To COllstruct said Improve- ments, e X c e p t sidewalks, prior to October 1, 1970, and to construct the sidewalks prior to October 1, 1972; and further provided that said James A. and MarIan T. Cosley, as owner of said Subdivision, se- cure the performance of the fore- going conditions by providing se- curity in such fol"m and with such sureties as may be acceptable to the City Manager. Section 3. That in tbe event James A. and MarIan T. Cosley, shall fail to execute the accep- tance and furnish the security pro- vided for in Section 2 hereof with- in 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP. PROVED h¥ unanimous recorded roll call this 30th day of Septem- ber, A.D., 1968. Sylvester McCanley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 431!-68 James A. Cosier and Marian T. Cosley having read the terms and conditions of the foregoing Reso. lution No. 430-68 and being fa- miliar with the contents thereof hereby accept the same and agree to perform the conditions therein required. ISI James A. Cosley Isl Marian T. Cosley Dated October 2, 1968. To; Leo F. Frommelt, City Clerk ThIs is to certify that the se. curlty required by the foregoing Resolution No. 430-68 has been provided by the owners. Isl Gilbert D. Chavenelle City Manager Dated October 7, 1968. 554 Special Session, September 30, 1968 Councilman Pregler moved' adop- tion of the resolution.' Seconded by Councilman Meyers. Carried by the followil1g vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 431-68 Resolution accepting delivery of grant of Sanitary Sewer Ea... ment WHEREAS, A. Y. McDoJlald Mfg. Co. has executed anddellvered to City of Dubuque, Iowa;á grant of perpetual: easement in, on, over, and acrosS the folloWing described real estate, to-wit: ' A strip of ground twenty feet in width across Lot 1 of "A. Y. McDonald Mfg. Co. Place"in the City of Dubuque, Iowa; the boundaries of which are shown in red on the plat at- tached hereto marked Exhibit "A" in connection with "City of Du- buque Sanitary Sewer System. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. Delivery of grant of perpetual easement to City of Du- I buque, Iowa by A. Y. McDonald Mfg. Co. dated the 30th day of September, 1968, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of perpetual easement to be recorded In the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 30th day of September, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest; Leo F. Frommelt City Clerk Councilman preder moved adop. tion of the resolution. Seconded by Councilman Couehman. Carried by the following vote: Yeas-Mayor McCauley, Council. men Couchman, Meyers, Pregler, Schultz. Nays-None. Mr. Dick Friedman, a member of the JayCees, 'addressed the Council as to the possibility of placing the constrUction of neW Fire Headquarters on the ballot for November 5th election. He mentioned the price escalation as being $342,000 in April 1965, $396,000 in December 1968, $415,. 800 in December 1968. After con. siderable diScussion it wás more or less agreed that the November 5th deadline could hardly be met, due to time involved in setting up proper . bond procedure, publica- tion 'of notices, etc. Mr. Herb Kiefer of 535 Chestnut Street stat. ed that the present fire headquart. ers at 9th & Iowa Street should be condemned. ' There being no further business Councilman Schultz. moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: 'Yeas-Mayor McCauley, Council. men Couchman,. Meyers, Pregler, Schultz. - Nays-None. Leo F. Frommelt, City-Clerk ............................................................ Mayor APProved ....................................1968. Adopted ......................................1968. ............................................................ ............................................................ ............................................................ ............................................................ Councilmen Attest: ............................................................ City Clerk 11,.lil Iii II! I