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1964 May Council Proceedings . moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays - None. Petition of Herbert Kiefer et al (45 signers) objecting to the pro. posed paving of Arlington Street, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays - None. Petition of Edward A. Deppe et al (11 signers) objecting to the proposed improvement of Farragot Street, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays - None. Petition of Charleene O'Toole et al (52 signers) objecting to the proposed paving of Rose street, pre. sented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays - None. Petition of Joseph B. Kaiser et al (8 signers) objecting to the pro- posed assessments for the paving of Grove Terrace and W. 12th Street presented and read. Mayor Horgan moved that the Petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays - None. Petition of Mrs. Alice J. Wieser et al (51 signers) objecting to the proposed improvement of West Eleventh Street, presented and read. Mayor Horgan moved that the petition be received and filed. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Clarence J. Weiner 131 Session, May 4, 1964 CITY COUNCIL (OFFICIAL) Session, May 4, 1964. at 7:30 P.M. Stand. P.M. Daylight Sav. Regular Council met ard Time (8:30 ing Time) Present-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas. City Manager Gilbert D. Chaven- elle. Mayor Horgan read the call and stated that service thereof had been duly made and this is the Regular Monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Communication of Dub u que Chamber of Commerce compliment- ing the Council on the progressive street program for 1964, presented and read. Councilman Takas moved that the communication be reo ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Archdiocesan Chancery approving the contem- plated street improvement of Penn- sylvania Avenue insofar as it af. fects Lot 1 of 1 NW'/..NEV. Sec. 28 T. 89 N. R. 8 E., presented and read. Councilman Kean moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vot,e: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of M. G. McDer. matt objecting to the proposed curb & gutter and paving of Uni. versity Avenue, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays - None. Petition of Richard Kolek et al (19 signers) objecting to the pro- posed paving of Grove Terrace, pre. sented and read. Mayor Horgan Regular 1964 Councilmaf1 Kean moved the ad- option of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. There being no further business Councilman Horgan moved to ad- journ. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Councii men Kean, Ludwig, pfohl, Takas. Nays-None. Leo 964 ~ 1964 City Clerk Adopted Councilmen Atteat: Frommelt, City Clerk F. Approved Session, April '1:t, RESOLUTION NO. 87-64 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; AND, WHEREAS, the 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 applicannts a Beer Permit. N.me Address CLASS "B" BEER PERMIT Floyd F. Kurtz, 2319 Prince Street CLASS "C" BEER PERMIT Carl Chalder, 101 West 5th Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 27th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Special 130 133 PROJECT NO 1, on Carter Road Extension, Farragut Street, King street, John F. Kennedy Road, O'Neill Street, Pennsylvania Ave., Sycamore Street, Shiras Ave., pre- sented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Mayor Horgan moved that Shiras Avenue, John F. Kennedy Road and Pennsylvania Avenue be- deleted from the City of Dubuque 1964 Con. crete Curb & Gutter Program. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Councilman Takas moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Attorney Francis Becker ob- jected to the method of assessment used in arriving at the amount due for St. Mary's Home. Edward Deppe of 2225 Rhomberg AVe. objected to the proposed construction of curb & gutter and surIacing of Farragut Street. n"lbert Jones, Clarence Koenig, Clarence Weiner and Pat Conway objected to con- structing curb & gutter on O'Neill Street. Councilman Pfohl moved that Farragut street and O'Neill Street be deleted from the 1964 Concrete Curb & Gutter program. Seconded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Horgan, Council- men Keao, PIohl, Takas. Nays - Councilman Ludwig. Statement of City Clerk certify- ing that notices of public hearing and proposed assessments were mailed to property owners affeeted by the construction of City of Du- buque 1964 Concrete Curb & Gutter Project No.1, on April 13, 1964, by certified mail, as appeared on the records of the County Auditor, presented and read. Councilman Takas moved that the statement be received and filed. Seconded by I ~ , Session, May 4, 1964 flied. Seconded by Councilman Taka.. Carried by the following vote: . Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays--None. Communication of Mrs. Kenneth Dutcher objecting to the proposed paving of King Street from Fulton to Broadway, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas ...... Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Ronald E. Welsh et a1 objecting to the proposed paving of Chestnut street from Prairie to Walnut Streets, presented and read. Mayor Horgan moved that the peti- tion be received and filed. Second- ed by Councilman Takas. Carried by the fallowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of S1. Mary's Home objecting to the proposed assessment against Lot 1 of 1 of 2 and Lot 2 of 2 of St. Mary's Place, both as to curb and gutter and paving, for several reasons, pre- sented. and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Plohl, Takas. Nays-None. Petition of Delbert E. Jones et al (14 .igners) objecting to the pro. posed surfacing of O'Neill Street from Burden Ave. to Sheridan Road, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. NaY5-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvement and hearing upon proposed plans, spec- ifications, form of contract and cost of improvements for the COD- struction of CITY OF DUBUQUE 1964 CONCRETE CURB & GUTTER Regular Session, May 4, 1964 tion 391.46. presented and read, Mayor Horgan moved that the eom. munication be received and filed Seconded by Councilman Takas Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of Philip A. & Martha Powers objectiug to the proposed curb & gutter and pav- ing of John F. Kennedy Road, pre- sented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Coune'll- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Ronald Redmond et al (12 signers) objecting to the pro- posed paving of Rosedale Street from St. Ambrose to Asbury Street, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Councll- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Robert C. Reilly et al (76 signers) objecting to the pro- posed paving of W. 3rd Street from Hill to Grandview, presented and read. Mayor Horgan moved that the petition be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of John R. Wilkinson Sr. et al (16 signers) objecting to the proposed adoption of resolution of necessity for the 1964 Bitwnin- ous Concrete Paving Project No.1, more specifically objecting to the proposed surfacing of Atlantic Street from University AVe. to Loras Blvd., presented and read. Mayor Horgan moved that the Petition be received and filed. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Fred Kurt et al (17 signers) objecting to the proposed paving of Burns Street, presented and read. Mayor Horgan moved that the petition be received and Regular et 01 (20 signers) objecting to the proposed curb & gutter and surfac- ing of O'Neill street from Burden Avenue to Brunswick Street, pre- sented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Mary Lehman Estate requesting that Grove Ter- race and W. 12th Street be deleted from the 1964 Bituminous Paving Program presented and read. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. N ays--None. Communication of Chris J. & Julia Winter objecting to the pro- posed assessment against their property for the paving of Clarke Drive, presented and read. Mayor Horgan moved that the communica- tion be received and filed. Second- ed by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays--None. Communication of Luvern H. Stockel objecting to the proposed assessments for the surfacing of Grove Terrace and W. 12th Street, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of Howard W. Hintz objecting to the curb & gut- ter and paving of King Street, pre- sented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays---None. Communication of State of Iowa objecting to the proposed lack of authority to make assessment against Lot A of Lot 2 of Block 7 of Dubuque Harbor Co. Addn. be. cause said property is a part of a .itreet within the meaning of Sec. 132 135 constructed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was finally adopted, as amended, by the City Council this 4th day of May, Ig64. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takas moved the final adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council~ men Kean, Ludwig, Pfohl, Takos. Nays-None. (Ordering Construction) RESOLUTION NO. 90-64 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a resolu- tion of necessity No. 52-64 which was duly passed by this Council, for Councilman Takas moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays-None. (Necessity for Improvement) RESOLUTION NO. 52-64 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be asaessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the construc- tion of CITY OF DUBUQUE 1964 CONCRETE CURB & GUTTER PROJECT NO.1 on the following named streets: 1. Carter Road Extension north from a point 600 feet north of Kane Street to the south proper- ty line of West 32nd Street. 2. King Street from the east prop. erty line of Fulton Street to the west property line of Broadway Street. 3. Sycamore Street from the north property line of East 16th Street to the north property line of East 14th Street. 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 welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be . Regular Session, May 4, 1964 for the construction of CITY OF DUBUQUE 1964 CONCRETE CURB AND GUTTER PROJECT NO. 1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1960, pertaining to public eon. tracts and bonds, and the time and place fixe d for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 4th day of May, 1964; and WHEREAS, the City Council met in regular session this 4th day of May, 1964, at 7:30 o'clock P.M. Central Standard Time at the Coun- cil Chambers in the City Hall for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, spec- ifications or contract for or cost of the improvement herein de. scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; 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, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Regular Session, May 4, 1964 Mayor Horgan. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 88-64 RESOLUTION AMENDING RESO. LUTION NO. 52-64 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That Resolution No. 52-64, being a Resolution of Neces. sity, for the city of Dubuque 1964 Concrete Curb and Gutter Project No.1, be and the same is herelfy amended by deleting the following portions of the follow- ing named streets: 1. John F. Kennedy Road from the south property line of Asbury Street to the north property line of Pennsylvania Avenue. 2. Shiras Avnue from old City Limits to Eagle Point Park En- trance. 3. Pennsylvania Avenue from Sec- tion Corner, Sec. 21, 22, 27 & 28, to the west property line of Key Knolls Sub. 4. O'Neill Street from east property line of Brunswick Street to the west property line of Burden Avenue. 5. Farragut Street from the alley west of Rhomberg Avenue to the alley east of Rhomberg Avenue. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Attest: Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Decision of Council upon obiection to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 89-64 WHEREAS, proposed plans and specifications and form of contract 134 137 Yeas - Mayor Horgan. Council- men Kean, LUdwig, pfohl, Takas. Nays-None. RESOLUTION NO. 91-64 Rl!$OLUTION AMENDING RES()LUTION N(). $6064 BE IT RESOLVED BY THE CrrY OF THE CITY OF DUBUQUl!:, IOWA, Section 1. That Resolution No. 56-64, being a Resolution of Neces- sity, for the construction of CITY OF DUBUQUE 1964 BITUMINOUS CONCRETE PAVING PROJECT NO.1, be and the same is hereby amended by deleting the following portions of the following named streets: 1. Shiras A venue from Old City Limits to Eagle Point Park En- trance. . 2. Farragut Street from the alley west of Rhomberg Avenue to the alley east of Rhomberg Avenue. 3. Arlington Street from Prairie street to west property line of Highland street. 4. Chestnut street from east prop. erty line of Walnut street to east property line of Prairie street. 5. O'Neill street from east property line of Burden to east property line of Brunswick Street. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councllmel> 92-64 WHEREAS, proposed plans and specifications and for m 0 f contract for the construction of cm OF DUBUQUE 1964 BITUM- INOUS CONCRETE PAVING PRo. JECT NO.1 have been approVed by ~i II Attest, Leo F. Frommelt, City Clerk Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Takas. Carried by the follOWing vote, Yeas --..,; Mayor Horgan, Councll- men Kean. Ludwig, pfohl, Takas. Nays--NOne. Decision Of Council Upon Object. ions To Plans, Specifications, Form Of Contr.ct And Cost Of Improvements: 1l.!!,SOLUTION NO. 1964 Regular Session, May 4, ment. Mr. Ferring objected to the .urfacing of E. 13th Street. Mr. Joe Schadl mentioned the possible storm sewer problem on W. 12th Street. Mary Ness objected to the surfacing of W. 12th Street. Dick Oberfoell objected to the surfacing of W. 11th Street. Mr. Wm. Ness objected to the surfacing of Grove Terrace and also Mr. Dale Comett. Mr. Dale Gieseman had no objec- tion to paving Indiana Avenue but thought the sewer lines shoUld be installed first and the excavations be given a chance to settle. Lloyd Kirkpatrick was not against the surfacing of King Street but raised the question as to the payment of retaining walls. Councilman Kean moved that Arlington Street from Highland Street to Prairie Street be deleted trom the 1964 Bituminous Paving program. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. Councilman Takas moved that Chestnut street from Walnut to Prairie street be deleted from the 1964 Bituminous Paving Program. Seconded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays---None. Councilman Takas moved that O'Neill Street from Burden Avenue to Brunswick Street be deleted from the 1964 Bituminous Paving Program. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Statement of City Clerk From. melt certifying that notices of pub- lic hearing and proposed assess- ments were mailed by certified mail on April 13, 1964, to the prop- erty owners affected by the con- structiou of City of Dubuque 1964 Bituminous Concrete Paving Pro- ject No. 1 as appeared on the records of the County Auditor, pre- sented and read. Mayor Horgan moved that the statement be re- ceived and filed. Seconded by Councilman Takas. Carried by the following vote ~ 1964 Passed, adopted and approved this 4th day May, 19M. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takas moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notiee of Pendency of Resolution of Neces- sity for Public Improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of CITY OF DUBUQUE 1964 BITUMINOUS CONCRETE PAVING PROJECT NO.1 on the following named streets: Allison Place, Arlington, Atlantic, Booth, Burns, Chestnut, West Eleventh, Farragut, Foye, Grove Terrace, In. diana, King, O'Neill, Park, Rose, Ro.edale, Rush, East 13th, West 12th, Shiras, presented. and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Council. man Takas. Carried by the follow. ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. The following persons present addressed the Council: Herb Kief- fer objected to the surfacing of Arlington Street. Ray Ecker of 1324 BE IT ~URTHER RESOLVE!, Atlantic thought that Alantic Street that tbe CIty Clerk b.e and he IS eould be fixed up. Fred Kurt and here.by ordered and drrected to ad. Mike Burns objected to the pro. vertll<~ for proposals. for the con- posed surfacing of Burns Street. structlOll of the VarIOUS lInprove- Abby McDonald Dancer Ronald ments l1erein. provided for in tb.e Welsh and Mrs. R. Welsh' objected manlier prOVIded by law, the SOld to the proposed surfacing of Chest. Improvements shall be completed nut street. Miss Dorothy Mullin on or before 90 cale~dar days after and Francis Nebel objected to the notIce to proceed IS ISSUed. proposed surfacing of Rose street. BE IT FURTHER RESOLVED Mr. R. Redmond objected to thc that this resolution being deemed proposed surfacing of Rosedale urgent and of immediate necessity avenue. Mr. Chester Miller was shali be in force and effect from not objecting to the surfacing of alld after its passage and adoption Rush Street but registered a pro- by the City Council. test against the amount of assess- Regular Session, May 4, the construetion of CITY OF DU- BUQUE 1964 CONCRETE CURB AND GUTTER PROJECT NO.1 on the following named streets: 1. Carlot Road Extension north fTom a point 600 feet north of Kane .treet to the south property line of West 32nd Street. ~. KiP.g Street from the east prop- erty !iJIe of Fulton Street to the west property line of Broadway Street. 3. Sycamore Street from the north . property line of East 16th Street to the north property line of East 1.4th Street. be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed 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 by levying special assessments against th~ privately owned property lying within the assessable distance from the improvements, whether. such property abut upon the same or are adjacent thereto, according to the area there of and in .proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the elty. Pay. ment -Will be made to the contractor out of funds realized from the sale of Street Improvement bonds to be issued in antieipation of deferred payments of assessments as pro- vided by law after the work has b.." completed and accepted by the City Council. 136 . "'I 'I, "j 139 against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby. and any deficiency shall be paid out of the street funds, Street Improve- ment Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds theerof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen west Attest: Leo F. Frommelt, City Clerk Councilman Takas moved the final adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. (Ordering Construction) RESOLUTION NO. 93-64 BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE that pur- suant to a resolution of necessity No. 56-64 which was duly passed by this Council, for the construc- tion of CITY OF DUBUQUE 1964 BITUMINOUS CONCRETE PAV. ING PROJECT NO. I on the fcnawing named streets: 1. Allison Place from the south property line of Delhi Street to the west property line of COllege Avenue. 2. Arlington Street from the Regular Session, May 4, 1964 9. Grove Terrace from the north property line of Arlington Street to the north property line of Wilbur Street. 10. Indiana Avenue from the east property line of Born Avenue to the west property line of Mis- souri Avenue. 11. King Street from the east prop- erty line of Fulton St. to the west property line of Broadway Street. 12. O'Neill Street from the east property line of Burden Avenue to the west property line of Sheridan Street. 13. Park Street from the east prop- erty line of Mt. Pleasant Street to the east property line of Lot 50 of Voelker Highlands. 14. Rose Street from the east prop- erty line of Alta Vista Street to the west property line of Wal- nut Street. 15. Rosedale Avenue from the west property line of A voea Street to the east property line of Asbury Street. 16. Rush Street from the east prop- erty line of Bryant Street to the west property line of Villa Street. 17. East Thirteenth Street from the east property line of Washington Street to the west property line of the East 35 feet of Lot 206 of East Dubuque Add. 18. West Twelfth Street from the west property line of Bluff Street to the east property line of Grove Terrace. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessment, they shall be deemed to have waived all objec- tions thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have . been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and 1964 Yeas _ Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos Nays-None. (Necessity for Improvement) RESOLUTION NO. 56-64 WHEREAS, proposed plans, spec. ifications, form of contract, plat and schedule have been duly pre. pared and approved by the City council of the City of Dubuque and are now on file in the office of the City Clerk showing amotlg other things tbe following: 1. The Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together witb a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the construc- tion of City of Duhuque 1964 Bi- tuminous Concrete Paving Pro- ject No. 1 on the following nam- ed streets. 1. Allison Place from the south property line of Delhi Street to the west property line of College Avenue. 2. Arlington Street from the west property line of Grove Terrace to the west property line of Highland Place. 3. Atlantic Street from the north property line of University Av- enue to the south property line of Loras Boulevard. 4. Booth Street from the north property line of Dodge Street to the south property line of Uni- versity Avenue. 5. Burns Street from the north property line of Cleveland A v. enue to the end of existing curb and gutter, 40' north of the north property line of Hancock Street. 6. Chestnut Street from the west property line of Highland Place to the east property line of Prairie Street. 7. West Eleventh Street from the east properly line of Grove Ter- race to the west property line of Lot 13 of Caines Subdivision. 8. Faye Street from the north prop- erty line of Clarke Drive of Low- ell Street. Regular Session, May 4, the City Council of the City of Dubuque and public notice given by Chapter 23 of the Code of Iowa, 1962, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec. tions to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of May, 1964; and WHEREAS, the City Council met in regular session this 4th day of May, 1964, at 7:30 o'clock P.M. Central Standard Time at the Coun- cil Chambers in the City Hall for the purppse of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, spec- ifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; 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, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, spcifications and form of contract heretofore approved are hereby adopted. BE IT FURTIIER RESOLVED that this resolution containing the decision of this Council upon all objections which bave been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean, Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: 138 Yeas - Mayor Horgan, COunCil. men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, Certified to by the Publisher, of NotiCe of Pendency of Resolution of Neces. sity and hearing upon plans, and sJ)et'!ificatiottsl form of contract and cost of improvements for the Con- struction of CITY OF DUBUQUE 1964 HOT MIX.HOT LAID AS. PHALTIC CONCRETE PAVING PROJECT NO. I, presented and read. Councilman Kean moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Attorney Francis Becker address- ed the Council by stating that the property of St. Mary's Home is being assessed contrary to law, $1900. above maximum allowed to assess combined total over $9000. Mr. George Biasi of 1083 W. 3rd Street deliberated at length as to what is best for the area. Mr. W. J. Blaser objected to the proposed paving of W. 3rd Street. Statement of City Clerk From. melt certifying that notices of pub. lic hearing and proposed assess- ments were mailed by certified mail on April 14, 1964, to property owners subject to assessment as the result of improving various streets being the City of Dubuque 1964 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. I, as appear on the records of the Coun- ty Auditor, presented and read. Councilman Kean moved that the proof of publication be receiVed and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 95-64 Resolution Amending Resolution No. 60-64. BE IT RESOLVED by the City Council of the City 01 Dubuque, Iowa: Section 1. That Resolution No. 60-64, being a Resolution of Neces- sity, for the City of DUbuque 1964 Hot Mix-Hot Laid Asphaltic Con- crete Paving Project No. I, be and 141 Regular Session, May 4, 1964 ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takas. N~s-None. RESOLUTION NO. 94-64 Reaolutton requiring abutting property owners to make sewer and Wit... and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 56-64, being the Resolution of Necessity for permanently improv- ing CITY OF DUBUQUE 1964 BI. TUMINOUS CONCRETE PAVING PROJECT NO. l. NOW, THEREFORE, BE IT RE. SOLVED BY TIlE cITY COUNCIL OF THE CITY OF DUBUQUE, 10WA: Section 1. That the owners of all property abutting On said improve- ment are hereby requited to make connections from the sewer, water and gas mains to the curb Uhe of said property prior to June 15, 1964. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in accord- ance wih Ordinance No. 128, order- ing compliance with this Resolu- tion; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Reso- lution, then the Ciy Manager shall proceed to have said connection made upon a contract made and entered Into for that purpose and Upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean moved the ad- option of the resolution. Seconded by Councilman Pfohl. Carried by the following vote I II Session, May 4, 1964 18. West Twelfth Street from the west prope~ty line of Sluff Street to the east property line of Grove Terrace. be and the same are herehy order- ed and coustructed by this Council as amended 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 here- tofore 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 by ltwylng speeial assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such properly abut upon the same ar are adjacent thereto, according to the area thereof and in propor. tion to the special benefits con- fe~red, and any deficiency will be paid aut of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of Street Improve. ment bonds to be issued in anticipa- tion of deferred p3Y1Jlents of assess- meub as provided by law aft.,. the work has been completed and ac- cepted hy the City Council. Bti: IT FURTHER RESOLVED that the City Clerk he and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided fur in the mallBer provided by law, the l$Oid improvements shall be completed on or before 90 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessiQ> sl>all be in force and effect from and after its passage and adoption l>y the City Ceuncil. Passed, adopted and approved this 4th day of May, 1964. Robert J. HorllOD, Mayor I\ichar" Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean l!Iovad the adoption of the resoMion. S...oDd. 140 property line of Grove to the west property lIi&hland Place. 3. Atlantic Street from the north property line of Unlversity Av- enue to the south property line of Loras Boulevard. 4. Booth Street from the north property line of Dodge Street to the south property line of Uni- versity Avenue. 5. Burns Street from the north property line of Cleveland Av- enue to the end of existing curb and gutter, 40' north of tbe nortb property line of Hancock Street. 6. Chestnut Street from the west property line of Highl~nd Place to the east property line of Prairie Street. 7. West Eleventh Street from the east property line of Grove Ter- race to the west property line of Lot 13 of Caines Subdivision. 8. Foye Street from the north prop- erty line of Clarke Drive of Low- ell Street. 9. Grove Terrace from the north property line of Arlington Street to the north property line of Wilbur Street. 10. Indiana Avenue from the east property line of Born A venue to the west property line of Mis- souri Avenue. 11. King Street from the east prop- erty line of Fulton St. to the west property line of Broadway Street. 12. O'Neill Street from the east property line of Burden Avenue to the west property line of Sheridan Street. 13. Park Street from the east prop- erty line of Mt. Pleasant Street to the east property line of Lot 50 of Voelker Highlands. 14. Rose Street from the east prop- erty line of Alta Vista Street to the west property line of Wal- mat Street. 15. Rosedale Avenue from the west property line of A wea Street to the east property line of Asbury Street. Hi. Rush Street from the east prop- erty line of Bryant Street to the west property line of Villa Street. 17. East Thirteenth Street from the east property line of Washington Street to the west property line of the East 35 feet of Lot 206 of East Dubuque Add. Regular Terrace line of . 143 thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of street fund. Street Improvement bonds shall be issued and sold in anticipation of de. ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the COD- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 4th day of May 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved final adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Couner men Kean, Ludwig, Pfohl, Takas. Nays-None. (Ordering Construction) RESOLUTION NO. 97-64 BE IT RESOLVED by the City Couucil of the City of Dubuque that pursuant to a resolution of necessity No. 60-64 which was duly passed by this Council, for the construction of City of Dubuque 1964 Hot Mix.Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets: 1. Carter Road Extension north from a point 600 feet north of Kane Street to the south prop. erty line of West 32nd Street. 2. Clarke Drive from the north property line of West Locust Street to the east property line of North Main Street. 3. Sycamore Street from the North property line of East 16th Street to the north property line of East 14th Street. Session, May 4, 1964 proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of City of Dubuque 1964 Hot Mix.Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets: 1. Carter Road Extension north from a point 600 feet north from a point 600 feet north of Kane Street to the south prop- erty line of West 32nd Street. 2. Clarke Drive from the north property line of West Locust Street to the east property line of North Main Street. 3. Sycamore Street from the North property line of East 16th Street to the north property line of East 14th Street. 4. West Third Street from the east property line of Hill Street to the east property line of North Grandview Avenue. 5. University Avenue from the west property line of Mt. Pleas- ant Street to a point 93 feet west of the east property line fLat 1 of the sub. of Lot 1 of Tschirgi & Schwinds Suhd. BE IT TIIEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the' proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts Regular 1964 scribed and proposed to be and WHEREAS, all interested parties have been given an opportunity to be heard and all objections 'which have been duly weighed and con- sidered; 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, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, speCifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the specifications and form of cost said improvement be made a matter of permanent record in con- nection with said improvement. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Taka.. Nays--None. (Necessity for Improvement) RESOLUTION NO. 60.64 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the made; Session, May 4, the same is hereby amended by deleting the following portions of the following named streets; 1. John F. Kennedy Road from the south property line of Asbury street to the north property line of Pennsylvania Avenue. 2. Pennsylvania Avenue from Section corner, Sec. 21, 22, 27 & 28 to the west property line of Key Knolls Subdivision. Passed, adopted and approved this 4th day 01 May 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays--None. Decision of Council upon obiec. tions to plans, specifications, form of contract and cost of 1m. provements. RESOLUTION NO. 96-64 WHEREAS, proposed plans aud specifications and form of contract for the construction of City of Dubuque 1964 Hot Mix.Hot Laid Asphaltic Concrete Paving Project No. 1 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, 1962, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, spec- ifications or contract for or cost of such improvements, said time being this 4th day of May, 1964: and WHEREAS, the City Couneil met in regular session this 4th day of May, 1964, at 7:30 o'clock P.M. Central Standard Time at the Council Chambers in the City Hall for the purpose of hearing all in- terested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- Regular 142 14.5 Councilman Kean moved the 1962, pertaining to public contracts 3qoption of the resolution. Second- and bonds, and the time and place ed l>Y C9uncilman Pf9hl. Carried fixed for the hearing of all objec. by the following vote: tions to said plans, specifications Yeas - Mayor Horgan, Council. or contract for or cost of such 1m. men Kean, Ludwig, Pfohl, Takas. provements, said time being this " Nays-None. 4th day of May, 1964; and Proof of Publication, certified to WHEREAS ihe City Council met by the Publisher, of Notice of Pen- in regular se~sion this 4th day of dency of Resolution of Necessity May, 1964, at 7:30 o'cleck P.M. Cen. for public improvements and hear- tral Standard Time at the Council iug upon proposed plans and spec- Chambers in the City Hall for the ifications, form of contract and purpose of hearing all interested cost of improvements for the con. parties and considering any and all struction of City of Dubuque 1964 objections which have been filed Concrete Paving with Integral to the proposed plans, specifica- Curb Project No. 1 on Kerper tions or contract for or cost of the Blvd., Terminal Street and Char- improvement herein described and ter Street, presented and read. proposed to be made; and Councilman Kean moved that the _ . proof of publication be received WHEREA~, all mterested p~lCS and filed. Seconded by Councilman h~ve been gIven an ~PP?rtuD1ty. to T k C rried by the following be heard and all o~Jectzons whIch at os. a have been duly weIghed and con- va e: 'd d th f Yeas - Mayor Horgan, Council- SI ere ; now, ere ore men Kean, Ludwig, Pfohl, Takas. BE IT RESOLVED by the City Nays-None. Council of the City of Dubuque, Mr. 13ell, a representative of Sin- that all objections which have been clair Refining Co. stated that he made and filed to the plans, speci- would have much more preferred fieations, contract for or cost of an asphalt paving on Terminal said improvement herein described Street. and proposed to be made, be and Statement of City Clerk From- the same hereby overruled and melt certifying that notices of pub- such plans, specifications and form lie hearing and proposed assess- of contract heretofore approved ments were mailed by certified Me hereby adopted. mail to property owners on April BE IT FURTHER RESOLVED 13, 1964 subject to assessment ac- that this resolution containing the cording to the records of the .Coun. decision of this Council upon all ty Auditor for the construction of objections which have been filed City of Dubuque 1964 Concr:ete to the plans, specifications and Paving with Integral Curb Project form of cost said improvement be No.1, presented and read. Mayor made a matter of permanent rec. Horgan moved that the statement ord in connection with said im. be received and filed. Seconded by PFOvement. Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 1964 Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second. ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. . Council. Takos. Regular Session, May 4, RESOLUTION NO. 99-64 WHEREAS, proposed plans and specifications and form of contract for the construction of City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1 have been approved by the City Council of the City of DUbuque and public notice given as provided by Chapter 23 of the Code of Iowa, May 4, 1964 Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 98-64 Resolution requiring abutting property owners to make sewer and water and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 60~4, being the Resolution of Ne. cessity for permanently improving City of Dubuque 1964 Hot Mix.Hot Laid Asphaltic Concrete Paving No.1. Now, therefore, be it resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to June 15, 1964. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting. property. Adopted this 4th day of 1964. Attest: Leo F. Frommelt City Clerk May, Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Session, 4. West Third Street from the east property tine of Hill Street to the east property line of North G.randview Avenue. 5. Univ'ersity Avenue from the west property line of Mt. Pleas- ant Street to a point 93 feet west of the east property line of Lot 1 of the sub. of Lot 1 of Tschirgi & Schwinds Sub. 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 wjth 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 by levying special 8ssessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Street funds of the city. Pay. ment will be made to the contrac- tor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of de. ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said Jmprovements shall be completed n or before the 90 calendar days after notice to proceed is 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 Council. Passed, adopted and approved thi. 4th day May, 1964. Rohert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Regular 144 147 Resolution requiring abutting property owners to make sewer and water and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 64-64, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1. NOW, THEREFORE, Be 1t Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to June 15, 1964. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 4th day of May, 1964. Attest: Leo F. Frommelt City Clerk . Attest: Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. RESOLUTION NO. 101-64 Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Regular Session, May 4, 1964 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 hereto- fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 calendar days after notice to proceed is issued. BE 1T 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 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Terminal Street from the north property line of First Street to the north property line of Camp street. Charter Street from the west property line of Main Street to the east property line of Salina Street. 2. 3. Regular Session, May 4, 1964 expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis. tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds. Street Improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per. formed and accepted and the pro- ceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro. posed, by the City Council this 4th day of May 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the final adoption of the resolution. Seconded by Councilman Takos. Carried by the fonowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays--None. (Ordering Construction) RESOLUTION NO. 100-64 BE 1T RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 64-64 which was duly passed by this Council, for the construction of City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1 on the follow- ing named streets: 1. Kerper Boulevard from the south property line of 16th Street to the south property line of 12th Street. 146 (Necessity for Improvement RESOLUTION NO. 64-64 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lat proposed to be as. <Bessed together with a valuation fixed by the cauncil. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of City of Dubuque 1964 Concrete Paving with In. tegral Curb Project No. 1 on the following named streets: 1. Kerper Boulevard from the south property line of 16th Street to the south property line of 12th street. 2. Terminal Street from the north property line of First Street to the north property line of Camp Street. 3. Charter Street from the west property line of Main Street to the east property line of Salina Street. 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- ware to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolu. tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con. structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and tl 149 A~D PROCEEDING WESTERLY TO OUT LOT 742 AND LYING BETWEEN LOTS 33, 34, 35, 36, 37,38,39,40,41,42 AND 43 01<' YATES SUBDIVISIO)1' ON THE NORTH, AND OUT LOTS 714 AND I~OT 2 OF HENION AND BAIRD'S SUBDIVISION, CITY OF DU- BUQUE, IOWA, ON THE SOUTH; AND THE 15 FOOT ALLEY COM- MI<;NCING AT THE WEST LINE Olr' HENION STREET AND PRO- CEEDING WESTERLY TO OUT LOT 714 CITY OF DUBUQUE, IOWA, AND SITUATED BEM TWEEN THE NORTH 5 FEET OF LOT 3 IN HENION AND BAIRD'S SUBDIVISION ON THE NORTH AND LOTS 6, 7 AND 8 HODG- DON'S SUBDIVISION 0::\1" THE SOU T H; APPROVT;';G PLAT THEREOF AND ORDERING PUB- LICATION OF NOTICE OF IN- TENT TO DISPOSE OF SAME. WHEREAS, Loras College by written communication filed with the City Clerk petitioned for the vacation of certain portion of street and alleys as hereinafter described; and 'VHEREAS, said portion of street and alleys hereinafter described are no longer needed for street purposes; and WHEREAS, on the 27th day of Aprll 1964 the Planning & Zoning- Commission of the City of Du- buque, Iowa filed a written com- munication with the city clerk ap- proving and recommending the va- cation of that portion of street and alleys hereinafter described. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUX- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Catherine Street lying between Lots 35 and 36 of Yates Subdivision, City of Du- buque, Iowa, hereinafter to be known and described as follows: Lot "A" Yates Subdivision in the city of Dubuque, Iowa) according to the recorded Plat thereof; reserving- easement therein for existing storm sew- er, be and the same is hereby va- cated. Section 2. That the alley com- mencing at the Southeasterly cor- ner of Lot 33 of Yates Subdivision and proceeding westerly to Out Lot 742 and lying between Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43 of Yates Subdivision on the north, and Out Lot 714 and Lot 2 of Henion and Baird's Subdivision, City of Dubuque, Iowa, on the south, hereinafter to be known and descrIbed as follows: Lot "B" Yates Subdivision in the City of Dubuque, Iowa, according to the recorded plat therefore; reserving easement~ therein for existing storm sew- er, be and the same is hereby Ya- cated. Section 3. That the 15 foot alley commencing at the west line of Henion Street and proceeding west- erly to Out Lot 714 City of Du- buque, Iowa, and situated between the north 5 feet of Lot 3 in Henion and Baird's Subdivision on the north and Lots 6, 7 and 8 Hodg- don's Subdivision on the South, hereinafter to be known and de- scribed as follows: Lot "A" Hodgdon's Subdi~ vision in the City of Dubuque, Iowa, according to the record- ~ 1964 Session, May 4, NO. 12-64 An Ordinance Vacating the fol- lowing portion of street and al. leys: Catherine street lying be- tween Lots 35 and 36 of Yates Subdivision; and the alley com. mencing at the souttleasterly cor- ner of Lot 33 of Yates Sub. and proceeding westerly to O.L. 742 and lying between lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 & 43 of Yates Sub. on the north, and O. Lots 714 and Lot 2 of Hon. ion & Bairds Sub. on the south; and the 15 foot alley commenc. ing at the west line of Henion street proceeding westerly to Out Lot 714 and situated be- tween the north 5 feet of Lot 3 in Henion & Bairds Sub. on the north and Lots 6, 7 8 Hodg. dons Sub. on the south, approv. ing plat thereof and ordering publication of notice of intent to dispose of same, presented and read. Councilman Takas moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: ):"eas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. Councilman Takas moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas Nays-None. ORDINANCE NO. 12.64 AN ORDINANCE VACATING THE FOLLOWING PORTION OF STREET AND ALLEYS: CATH- ERINE STREET LYING BE- TWEEN LOTS 35 AND 36 OF YATES SUBDIVISION, CITY OF DUBUQUE, IOWA: AND THE AL- LEY COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 33 OF YATES SUBDIVISION Eugene J. Berens Notary Public (Seal) Councilman Takas moved that the communication be received and made a matter of record. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl. Takas Nays-None. ORDINANCE 4th day of Regular me a Notary Public this May 1964. 1964 April 14, positions ment. The following named persons passed both the written and physi- cal examinations and their names are hereby certified for appoint- ment to the Police Department. Gerald L. Hirsch ..................76.67% James P. Massey ..................72.50% Respectfully submitted, A. G. Wright Chairman Gerard B. Noonan Louis J. Lagen Commissioners Civil Service Commission Subscribed and sworn to before me a Notary Public this 4th day of May 1964. Eugene J. Berens Notary Public (Seal) Councilman Takas moved that the communication be received and made a matter of record. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean) Ludwig, Pfohl, Takos. Nays-None. May 1, 1964 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of the 1962 Code of Iowa, the Civil Service Commission con. ducted an entrance examination on April 14, 1964) for those seeking positions on the FIRE DEPART. MENT. The following named persons passed both the written and physi- cal examinations and their names are hereby certified for appoint- ment to the Fire Department. Roger A. Krepfle Richard Theis ..... Respectfully submitted, A. G. Wright Chairman Gerard B. Noonan Louis J. Lagen Commissioners Civil Service Commission and before ...77.5% ..72.50% seeking Depart- to 1964, for those on the Police sworn Attest: Leo F. Frommelt Clerk Subscribed Attest: Leo F. Frommelt Clerk Regular Session, May 4, May To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same, subject to the approval of the City Solicitor: EXCAVATION Fandell & Sons, Inc., Policy No. CGA 301790, U.s. Fidelity & Guaranty Co. Clemens-Smith Construction, Inc., Policy No. CL 873045, Bitumi. nous Casualty Corp. Edward D. Tschiggfrie, Jr. and Joan Tschiggfrie, Policy No. CL 873118, Bituminous Casualty Corp. Dubuque Plumbing & Heating Co., Policy No. MP 501-623, Bitumi- nous Casualty Corp. Heitzman Construction Co., Policy No. LAZ 5564, The Fidelity & Casualty Co. SIDEWALK Leonard Timmerman, d/b/a Tim- merman Construction Co., The Travelers Indemnity Co. Hillcrest Builders, Inc., U.S. Fidel- ity & Guaranty Co. Edwards Construction Co., Mer- chants Mutual Bonding Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takas moved that filing of the bonds and policies be approved subject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas Nays-None. May 1, 1964 Honorable Mayor and Members of the City Council: Gentlemen: In accordance with the provi- sions of the 1962 Code of Iowa, the Civil Service Commission conduct- ed an entrance examination, on 1964 Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Council recessed at 11:15 P.M. Reconvened at 11:25 P.M. 1, 148 I 151 of $3,158.56. NOW THEREFORE BE IT RE' SOLVED by the City Council of Dubuque, Iowa: Section 1. That the disposal of the interest of the City of Du- buque, Iowa in and to the follow. lng described real estate: Lot 187 "A" in "East Dubuque" an Addition in City of Dubuque, Iowa, according to the recorded plat thereof to Joseph H. Deckert and Myrtle M. Deckert, for the sum of $3,158.56, plus costs of publication be and the same is hereby ap- proved and any and all objections whether oral or in writing to said disposal by City of Dubuque, Iowa, be and the same are hereby over. ruled. Section 2. That the Mayor and City Clerk be and they are hereby authorized and empowered to ex- ecute the Quit Claim Deed of City of Dubuque conveying to Jo. seph H. Deckert and Myrtle M. Deckert, husband and wife as joint tenants with right of survivorship and not as tenants in common, all of its rights, title and interest to the hereinabove described real es- tate upon receipt of the purchase price of $3,158.56, plus payment of costs of publication. Section 3. That no abstract of title shaU be furnished by the City of Dubuque, Iowa to the purchasers of the hereinabove described real estate. Passed, adopted and approved this 4th day of May, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Councll- Takas. To The Honorable and City Council Gentlemen: At a regular meeting of 1964 Du. Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Second~ ed by Councilman Takas. Carried by the fol1owing vote: Yeas - Mayor Horgan, men Kean, Ludwig, pfohl, Nays-None. May 4, Mayor the May 4, 1964 Regular Session, Elm street and now known as Lot 187A in East Dubuque Addn. to Joseph H. & Myrtle M. Deckert, presented and read. Mayor Hor- gan moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of Max Blum re- questing the alley lying between 14th and 15th street on Elm, which was previously presented at the Council meeting under date of March 2, 1964, in which Mr. Blum was willing to purchase the alley at a considerably higher price and requesting that the alley be sold to him, was again presented and read. Councilman Ludwig moved that the request and possible objection be overruled. Seconded by Coun~ cilman Takas. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 102-64 WHEREAS, pursuant to Resolu~ tion and published notice of time and place of hearing, City Council of City of Dubuque, Iowa met on the 4th day of May 1964 at 7:30 o'clock P.M., Central Standard Time, in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dis~ pose of certain real estate at which hearing all interested par- ties were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows: Lot 187 "AI> in HEast Dubuque" an Addition in City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, said hereinabove described real estate is no longer needed for public purposes and that the disposal thereof to Joseph H. Deckert and Myrtle M. Deckert, by the City of Dubuque, Iowa, would serve the best public in~ terest; and WHEREAS, there being objec- tions to the proposal to dispose of the interest of the City of Du- buque, Iowa in the above described real estate to Joseph H. Deckert and Myrtle M. Deckert for the sum Regular Session, May 4, 1964 Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Delbert Miller re- questing permission to excavate in Glendale Court for the purpose of installing sewer and water, pre- sented and read. Councilman Ta~ kos moved that the request be granted. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of 1964 Dubuque Sum- mer Festival requesting permission to display fireworks for June 28, 1964, presented and read. Council~ man Ludwig moved that the re- quest be granted subject to super. vision by the Fire Chief. Seconded by Councilman Takas. Carried by the foUowing vote: Yeas - Mayor Horgan, Council~ men Kean, LUdwig, pfohl, Takos. Nays--Nonc. Petition of Clarence Haupert reo questing a refund of $100 on the unexpired portion of Class liB" beer permit No. 130, as he has dis~ continued business on April 25, 1964, presented and read. Council. man Takas moved that the refund be granted and the Auditor in. structed to issue proper warrant. Seconded by Mayor Horgan. Car- ried by the foUowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Midwest Developers Inc. requesting annexation of prop. erty approximately 25 acres, south of Pennsylvania Avenue and west of the present corporate limits of the City, presented and read. Coun- cilman Takos moved that the pe- tition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider time and place of hearing to dispose of in- terest in real estate, being an al. ley lying between Lots 187, 188 & 189 on the westerly side and Lots 214, 215 & 216 on the easterly side between 14th and 15th Streets on ed Plat thereof; reservIng ea8e~ ments therein for existing storm sewer, be and the same is hereby va- cated. Section 4. That the Plat dated May 1, 1964, prepared by CulIen- Schiltz & Associates covering the property hereinabove described, a copy of said Plat hereto attached and marked Exhibit "A" be and the same is hereby approved and 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 Du~ buque, Iowa. Section 5. That the City Clerk be and he is herehy authorized and directed to cause notice of intent to dispose of interest in real es~ tate by the City of Dubuque, Iowa to Loras College covering the real estate hereinabove described as is by Jaw required. Section 6. That the City Clerk be and he is hereby authorized and direeted to file a certified copy of this Ordinance, after the pub- lication thereof, in the office of lhe County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved ([Jis 4th day of May, A.D., 1964. ROBERT J. HORGAN Mayor RICHARD LUDWIG PETER J. TAKOS ELDON A. PFOHL JAMES J. KEAN Councilmen Attest: Leo F. Frommelt City Clerk published officially in the Tele- graph-Herald newspaper this 8th day of May, 1964. Leo F. Frommelt City Clerk It. 5-8 Councilman Takas moved the adoption of the Ordinance. Second~ cd by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Dubuque Armed Forces Day requesting that the Mayor officially proclaim Thurs~ day May 14, 1964 as Armed Forces Day in Dubuque, presented and read. Councilman Takas moved that the petition be referred to the Mayor. Seconded by Counci1~ man Kean. Carried by the follow~ ing vote: Yeas - Mayor Horgan, Council~ men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Jerome P. Burroughs et al requesting that the alley that runs between Sullivan Street and Nightingale street be brought to grade, presented and read. Coun. cilman Ludwig moved that the pe~ tition be referred to the City Man- ager and Engineering Department. Seconded by Councilman Takas. Carried by the foUowing vote: 150 1.53 Yeas - Mayor Horgan, C.uncil. men Kean, Ludwig, Pfohl, TalroF Nays-None. RESO,"UTlON NO. 105-64 BE IT RESOLVED by the City Council of the City of DUbuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to se'l Cigarettes and Cigarette Papm 5 within said City. Name Address Karl Henry Oleson, 1701 Asbury Street Raymond Ney, 2186 Central A,. eone BE IT FURTHER RESOLVED that the bonds filed with the appli. cation be approved. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Takils. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays - None. RESOLUTION NO. 106.64 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. Name Address CLASS "B" BEER PERMIT Harriet Bush, 700 East 16th Street Merlyn L. Weber, 1904 Centra! Av. enue Mrs. Fay S. Shaffer, 1080 Univer- sity Avenue Vernon Leo Meyer, 530 Street East Regular Session, May 4, 1964 for the sum of $1,500.00; and WHEREAS, there was attached to said petition of Thermolyne Corporation an executed copy of letter dated April 17, 1964 and filed in the office of the City Clerk on April 20, 1964 by the Mayor's Industrial Executive Committee -bearing signature of Robert E. Dorothy. Secretary. addressed to Mr. C. J. Ecklund, President of Thermolyne Corporation, P.O. Box 797, Dubuque, Iowa, recommend- ing and approving the sale of said real estate to Thermolyne Corpora- tion for future expansion of manu- facturing operation by said Ther- molyne Corporation; and WHEREAS, the sale of the above described real estate to Thermolyne Corporation for the sum of $1,500.00 should be ap. proved as the sale thereof to said Corporation serves the best public interest. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the sale of the following described real estate: Lot 2 of Block 9 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, for the sum of $1,500.00 be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice to be pub- lished of the intent of the City of Dubuque, Iowa, to dispose of inter. est in real estate as is by law re quired. Section 3. That no abstract of title shall be furnished the buyer and that the costs of publication shall be paid by the buyer. Passed, adopted and approved this 4th day of May, A.D., 1964. Rohert J. Horgan Mayor Richard LUdwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved the adoption of the resolution. Sec. onded by Councilman Ludwig. Car- rHed by the fallowing vote: Session, May 4, 1964 motor vehicle parking structure with a floor area of approximately 160,000 square feet in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City; and VVlIE~S proposed plans, spec- ifications and form of contract for said Locust Street Parking Garage have been prepared by De Leuw Cather & Company, Engineers, and filed with the City Clerk on April 20, 1964, and notice of a public hearing on said proposed plans and specifications and form of contract has been duly published in the manner and form required by law and no petitions or objections of any kind have been filed or made by any interested party to said plans, specifications and form of contract, or to the cost of said project; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the 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 ap- proved. Section 2. That aU resolutions or orders or parts thereof in conflict herewith are hereby repealed. Passed and approved May 4, 1964. Attest: Leo F. Frommelt City Clerk No written objections were re- ceived prior to the public hearing. Councilman Ludwig moved the adoption of the resolution. Second. ed by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Takos. N ays-CounciIman Pfohl. RESOLUTION NO. 104.64 WHEREAS, Thermolyne Corp- oration of Dubuque, Iowa, on April 20, 1964 petitioned the City Council of Dubuque, Iowa in writing to purchase Lot 2 of Block 9 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, con- sisting of .367 of an acre of land and offered to purc'hase the same i Ii 22nd J. Horgan Mayor Richard Ludwig Peter J. Takas James J. Kean Councilmen Robert Regular buque Planning and Zoning Com- mission held on May 4, 1964, the following action was taken: Motion by Deininger, supported by Loosbrock, "that the Planning and Zoning Commission of the City of Dubuque, Iowa hereby approves the plans for the proposed multi- level parking garage in and for the City of Dubuque, Iowa, as pre- pared by DeLeuw, Cather Com- pany, Engineers, to be located in Block bounded by Eighth, Locust, Ninth and Bluff Streets in the City of Dubuque, Iowa, as said plans fit and conform with the general plans wr the downtown area." Motion carried. Respectfully submitted, Owen Riley, Chairman Dubuque Planning and Zoning Commission Councilman Takos moved that the communication be received and made a matter of record. See-- onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays--None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on proposed plans and specifications and proposed form of contract covering the con- struction of the Locust Street Parking Garage in and for the City of Dubuque, Iowa, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 03-64 RESOLUTION approving plans, specifications and form of con- tract for constructing the Locust Street Parking Garage. WHEREAS after a public hear- ing held and conducted pursuant to the provisions of Section 390.1 of the Code of Iowa, 1962, this City Council has heretofore found and determined that public conven- ience and necessity will be served by adding to, extending and im- proving the system of public mo- tor vehicle parking facilities now owned and operated by the City of Dubuque, Iowa, by constructing a multi~level reinforced concrete 152 recreational uses. The City Man- ager submitted the following cost figures: A-No. of spaces, 161; material cost, $3510; seal, $159.53; total, $3669.53; factor, 9. B-No. of spaces, 345; material cost, $7186; seal, $326.58; total, $7512.58; factor, 4.5. C-No. of spaces, 529; material cost, $12,332; seal, $560.48; total, $12,892.46; factor, 3. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. Leo 155 Session, May 4, 1964 this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Av. Central Attest: Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Second. ed by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. ~_;i 'I , , I i i Ii F. Frommelt City Clerk .1964. 1964. .................... City Clerk Approved Councilmen Adopted Attest: Regular Regular Session, May 4, 1964 Vernon Leo Street Karl Henry Street Dubuque Sports Bowl, Inc. 16th Street Extension Harry N. Gantert, 1301 Rhomberg Avenue Raymond Ney, 2186 Central Avenue RESOLUTION NO. 109-64 WHEREAS, Applications for Liq- uor Permits were filed by the with- in named applicants and they have received 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 or- dinances relevant thereto and they have filed the proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cauSe to be is- sued to the following named ap- plicants a Liquor Permit. Ave- Raymond nue Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kent, Ludwig, Pfohl, Takas. Nays-None. Some discussion was had by the Council relative to paving a cer- tain area in the Industrial Park for a proposed parking lot, and CLASS "C" COMMERCIAL ESTABLISHMENT Ney, 2186 Central 22nd East Locust Clarke Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. RESOLUTION NO. 108-64 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 grant. ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123 - as amended by the 60th General assembly, 1963. Ave- approved CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Metal Trades Counci Club, 111 West 6th Street CLASS "C" BEER PERMIT Latham, 1205 Cleveland Ernest E. Avenue Melvin C. Street Carl Van 590 Drive 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 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen CLASS "C" COMMERCIAL ESTABLISHMENT Ney, 2186 Central adopted West and Asbury 530 East 1701 424 Duelman, Lynn, Raymond nue Passed, Locust Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 107-64 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the 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 Couucil 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 Harriet Bush, 700 East 16th Street Merlyn L. Weber, 1904 Central Avenue Mrs. Fay S. Shaffer, 1080 Univer- sity Avenue Meyer, Oleson, 2186 CLASS "B" BEER PERMIT PRIVATE CLUB CLASS Ernest E. Avenue Mtrtvin C. Street Carl Van 590 Drive Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen PERMIT Cleveland Trades Counci 6th Street "e" BEER ' Latham, 1205 Ney, Dubuque Metal Club, 111 West Clarke 424 West Duelman, East Rhomberg Lynn, Asbury Inc. 1701 154 Karl Henry Street Dubuque Sports Bowl, 16th Street Extension Harry N. Gantert, 1301 Avenue Raymond enue Oleson, that they operate. Councilman Takos moved that the request be approved subject to City Clerk's jurisdiction. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. There being no further business Councilman Takos moved to ad- journ. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Leo F. Frommelt City Clerk. aocing of said project by the issuance and sale of revenue bonds in the total amount of $1,250,000.00. Respectfully submitted, Gilbert D. ChavenelIe City Manager Councilman Takos moved that the recommendation of the City Manager be referred to the Council. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council. men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Mr. Milan lbaska and James H. Kluesner of DeLeuw Cather and Company explained to the Council the increased cost of the project and pointed out differences in the preliminary estimate and the final bid. Some of the items added or changed that are reflected in the final bid are Soil condition $20,000, increasing the capacity of the garage from 160,000 square feet to 163,000 square feet; a meter shop in basement $28,000; 6 to 8 more parking spaces in the base- ment, one bay of parking added $16,000; street and traffic lights around the garage $17,000; Traffic light modification $2000; Stair case added level $2700; Exterior signs $7000; Traffic Control and interior signs and. two traffic con- trol hboths $lQ,Ooo; Accounting system, inter-com system $30,000; Lighting switches $1700; exit lighting $1200; top level shield for snow removal protection $1000; stone planters 301 ft. $7000; storm window sash inside and in- side towers $500; $34,000 for stone Siding; $30,000 cost due to modi. fication of the structure; material changes such as glazed tile etc.- the total amount additional would be approximately $221,000. C<>uncilman P:fohl stated that part of the widing cost of streets which were included in the total bid, should be assessed to owners 157 18, 1964 Special Session, May CITY COUNCIL OFFICIAL. Special Session, May 18, 1964. Council met at 7:30 P.M. C.S.T. (8:30 P.M. D.S.T.) Present-Mayor Horgan, Council- men Ludwig, pfohl, Takas. City Manager Gilbert D. Chavenelle. Absent-Councilman Kean. I' 'I: Iii ii, Mayor Horgan read the call and stated that service thereof was dUly made and this meeting is called for the purpose of considering bids received for the construction of the Parking Ramp and instituting proceedings for the issuance of parking facilities revenUe bonds in the amount of $1,250,000. and acting on any other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of Notice of taking bids for the construction of the Locust Street Parking Garage in and for the City of Dubuque, Iowa. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the. following vote: Yeas - Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. May 18, 1964 Mayor To the Honorable and City Council Gentlemen: As you will no doubt know, sealed bids for the construction of the Locust Street Parking Garage were opened on this date at 10:00 o'clock A.M. Central Stan- dard Time. According to the bid tabulation, copy of which is hereto attached, the J. P. Cul1en & Son, Corp., of J anesville, Wisconsin, was the low bidder with a bid of $1,074,731.00. I recommend the acceptance of this bid and that the City Manager be authorized to issue letter of intent to enter into contract for construction of such facility, sub- ject to the approval by the con. tractor of the consulting engineer- ing firm, and subject to the fin. 1964. 1964. co- to happy be 1964 would OFFICIAL. Special Session, May 13, 1964. Council met at 12:00 Noon Day- light Saving Time. Present-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chaven- elle. City Clerk Approved Councilmen: Attest Special Session, May 13, CITY COUNCIL Adopted Mayor Horgan read the call and stated that service thereof had bc~ duly made and this meeting is called for the purpose of con- sidering a request from the Du- buque Federation of Labor to operate a voter Registration Mobile Unit in the City from Thursday, May 14, 1964 to Friday, May 22, 1964, and acting on any other bus- iness which may properly come before a Regular meeting of the City Council. Communication of Dubuque Fed- eration of Labor requesting per- mission to operate a Voter Regis- tration Mobile Unit in the City at various designated locations from May 14, to May 22, 1964, presented and read. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan. Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Mr. Leo Schueller, as a repre. sentative of labor, addressed the Council by stating that he is on a leave of absence from the John Deere plant in order to assist in the registration of all eligible voters. He further stated that this is a civic responsibility and a bi- partisan movement. The Chairmen of both political parties are willing to cooperate. Mr. Wm. Burke, Chairman of the RepUblican party, stated that they are happy to co. operate and are in agreement with the hours and locations requested by the Federation of Labor. He further stated that it should be good for the two party system and also requested the press to give it publicity. Mrs. Green, vice chair lady of the Democratic party stated 156 I i I' 159 F. Link, A. Link. The Planning and Zoning Com- mission recommends that this pe- tition be denied on the basis that the petition dictates the zoning of the property after it is annexed to the City. Respectfully submitted, Dubuque Planning and Zoning Commission By Frank J. Glab, Secretary Councilman Takas moved that the recommendation be referred back to the Planning & Zoning Commission for possible negotia- tion with Dr. Link. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takas. Nays-None. Absent-Counc and John 1964 Honorable Mayor and City Council Gentlemen: The Planning and Zoning Com- mission has considered the re- quest of Lester M. Lynch of 1185 Solon street to vacate 100' of an alley lying north of Solon Street between Hill and Alpine Streets. The Commission has also visually inspected the area. The Commission recommends that the petition be granted but that an easement be retained to protect existing utlllties in the alley. Dubuque Planning and Zoning Commission Respectfully submitted, By Frank J. Glab, Secretary Councilman Takas moved that the recommendation be approved and referred for proper proceed- ings. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. May 18, 1964 To The Honorable Mayor and Members of the City Council Gentlemen: In accordance with Chapter 48 of the Code of Iowa, 1962, I hereby recommend for your approval the appointment of the fOllOWing named persons to serve as Clerks of Election for each precinct, who shall have charge of the election ilman Kean. May 14, W. Link Special Session, May 18, 1964 John SIDEWALK Conlon Construction Federal Insurance Co. John Byrne, Transamerica In- surance Co. James J. Scholl, Transamerica Insurance Co. Kenneth Schromen, The Ohio Casualty Insurance Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the bonds be filed SUbject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. May 18, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of April, as well as a list of claims and pay- rolls for which warrants were issued for the month of April, 1964. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Counci men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Company, Kean. 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 April 1964, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. May 14, 1964 Honorable Mayor and City Council Gentlemen: The Planning and Zoning Com- mission has carefully considered the annexation petition of Joseph Session, May 18, 1964 and read. Councilman Takos moved that the communication be referred to the City Manager for investiga- tion and rcport. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, pfohl, Takos. Nays-None. Absent-Councilman Kean. Communication of League of Iowa Municipalities extending an invitation to attend a statewide in- formational meeting on Low-Rent Public Housing to be held in Des Moines on May 28, 1964, presented and read. Councilman Takos moved that the communication be referred to the City Manager. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Communication of League of Women Voters of Dubuque com- mending the Council for the decision to have mobile registra- tion of voters, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Communication of Will i a m Clemens accepting his appointment to the City. County Authority Commission with assurance that he will do his best to serve the citizens of Dubuque, presented and read. Councilman Takas moved that the communication be re- ceived and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. May 15, 1964 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the approval of the City Solicitor: it Mayor Horgan moved that the Council go into executive session with the Manager at this time to discuss land problems. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. Executive session began at 10:20 P.M. and the Council returned to the Council Chambers at 10:45 P.M. Proof of publication of Notice of meeting for issuance of parking facilities Revenue Bonds, pre- sented and read. No written objections were re- ceived and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. ORDINANCE NO. 13-64 An Ordinance authorizing and providing for the issuance and securing the payment of $1,250,000 Parking Facilities Revenue Bonds of the City of Dubuque, Iowa, under the provisions of Chapter 390 of the Code of Iowa, as amend- ed, for the purpose of defraying the cost of acquiring additional off-street motor vehicle parking facilities in and for said City was presented. Mayor Horgan moved that the Ordinance be deferred for action at the adjourned meeting of the City Council to be held Wednes. day, May 20, 1964 at 11:00 A.M. Central standard Time. Seconded by councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Communication of City Treasurer Tschirgi submitting a waiver from the Sta.e Commission for "im_ munity and garnishment of wages" of municipal employees for the purpose of collecting delinquent State income taxes was presented Special of abutting property because would be to their benefit. 158 161 its passage, adoption and publication as by law provided. Introduced this 20th day of April. ..... Rule requiring reading on three sep- arate daytt s1.l8peDded by unanlmc)U8 'Vote the 20th day of AprU. 1964 . Passed by recorded roll call vote. adopted and approved this 18th day of May. 1964. Robert J. Ilorgan MAYOR Richard Ludwig Peter J. Tak01l Eldon A. Pfohl COUNCILMEN "TrEST, Leo F. Frommelt CITY CLERK Published officially in the Telegraph- Herald Newspaper this 25th day of May 1964. Leo F. Frommelt City Clerk 1 t. 5-25 Councilman Takas moved the final adoption of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Counci men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. ORDINANCE NO. 14-64 An Ordinance establishing I grade on Charter Street from the west property line of Main Street to the East property line of Salina Street, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car. ried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, pfohl, Takos. Nays-None. Absent-Councilman Kean. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. ORDINANCE NO. 14-64 An Ordinance establJsbing a grade on Charter street from the West Property Line of Main Street to the East Property Line of Salina Street. BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Charter Street from the west property Une of Main Street to the east property be of Salina Street is hereby establl&hed and adopted as shown on ProtUe No. 1581. Bench Mark: PoiDt of arrow on fire hydrant on the west side of South Main Street midway between Dodge ORDINANCE NO. 11-64 An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Duhuque to change Lot 37 of the Subdivision of Mineral Lot 39 from its present Two Fam- ily Residence District Classifica- tion to Local Business District "A" Classification, (200 block on South. ern Avenue) said Ordinance hav- ing been previously presented and read at the Council meeting of April 20, 1964, presented for Final Adoption. ORDINANCE NO. 11-64 An Ordinance Amending the Zoning Map and Zoning Ordinance known 88 Ordinance No. 3-34 of the City of Du- buque to change Lot 37 of the Sub- division of Mineral Lot 39 from Its present Two Family Residence District Classification to Local Business District <fA" Classification, (200 Block on South- ern Avenue) Be It Ordaned by the City Councn of the City of Dubuque, Iowa. Section 1. That the Zoning Ordinance known as Ordinance No. 3-34 and. the Zoning Map of the City of DUbuque be and the same is hereby amended by changing Lot 37 of the Subdivision of Mineral Lot 39 from its present Two Family Residence Dlstriet Classi. fication to Local Business District <fA" ClasslncatloD. Section 2. This Ordinance shall be in full force and effect from and after , II Special Session, May 18, 1964 Mayor Horgan moved that the recommendation of the City At- torney be approved and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor 'Horgan, Council- men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider rezoning Lot 37 of the Subdivision of Min. eral Lot 39 from its present Two Family Residence District Classi. fication to Local Business District "A" Classification, presented and read. No written objections were re- ceived and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Ta- koso Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absenl--CounciIman Kean. 1964 L. Kifer Gentlemen On February 26, 1963, Margaret L. Kifer filed claim against the City of Dubuque alleging injuries suffered as a result of a fall on January 14, 1963, on a public side- walk at First Street where same intersects with Locust, claiming an accumulation of ice and snow thereon. I have made an investigation of said matter and I have conferred with the claimant who has made an offer of settlement in the amount of $102.00, and it is the recommendation of the City At- torney that said offer of settle. ment be accepted and the City Auditor be instructed to draw a warrant payable to Margaret L. Kifer and John R. Kifer, her hus- band, in the amount of $102.00 and to deliver the same upon receipt of a duly executed release. Original claim is attached here. to. Kean. 15, May & City Council Re: Margaret Hon. Mayor register for the Primary Election to be held on June 1, 1964. 1st Precinct: Republican: Mrs. Louise Rafoth, 964 Mt. Loretta Avenue. Democrat: Mrs. Marga- ret Cannon, 168 Julien Dubuque Drive. 2nd Precinct: Republican: Mrs. Doryce Amiss, 189 St. Joseph Street. Democrat: Mrs. Natalie Conlon, 1840 Hale Street. 3rd Precinct: Republican: Mrs. Ed. na Wunderlich, 608 Fenelon Place. Democrat: Mrs. Vera Mc- Allister, 821 Dodge Street. 4th Precinrt: Republican: Mrs. ,.Emma Osborn, 495 West Fifth Street. Democrat: Mrs. Georgina Millius, 462 Locust Street. 5th Precinct: Republican: Mrs. Marian Pfaff, 265 Alpine Street. Democrat: Mrs. Janet Ann Jones, 861 Alpine Street. 6th Precinct: Republican: Mrs. Mildred Cords, 1655 Auburn Street. Democrat: Mrs. Evelyn Zwack, 1330 Nowata Street. 7th Precinct: Republican, Mrs. Alexia Hanley, 27 West Ninth Street. Democrat: Miss Mary Clemens, 1110 Iowa Street. 8th Precinct: Republican: Mrs. Jane Fuhrman, 530 Wilbur Lane. Democrat: Mrs. Anna Weber, 1025 Locust Street. 9th Precinct: RepUblican: Mrs. Mildred Koehler, 1763 Central Avenue. Democrat: Mrs. Melinda Berg, 1633 Central Avenue. 10th Precinct: Republican: Mrs. Loretta Kammueller, 1691 Main Street. Democrat: Mrs. Mary Behr, 1491 Main Street. 11th Precinct: Republican: Mrs. Hilda Kempter, 2125 Kleine. Democrat: Mrs. Ida Murray, 348 Kaufmann Avenue. 12th Precinct: Republican: Mrs. Ida Jones 2231lh: Francis Street. Democrat: Mrs. Minnie Recker, 2210 Francis Street. 160 submitted. Respectfully R. N. Russo City Attorney 13th Precinct: Republican: Mrs. Eleanor Rafoth, 2761 Broadway. Democrat: Mrs. Freda Foell, 2915 Jackson Street. 14th Precinct: Republican: Mrs. Gwen Bohn, 2540 Windsor A ve- nue. Democrat: Miss Loretta Mc- Andrews, 704 Lincoln Avenue. 15th Precinct: Republican: Mrs. Helen Pape, 917 Rhomberg Ave- nue. Democrat: Mrs. Frances Crippes, 1226 Lincoln Avenue, 1964 16th Precinct: Republican: Mrs. Betty Gottschalk, 1905 Floraview Drive. Democrat: Mrs. Marjorie Kersch, 3030 Pennsylvania Ave- nue. Respectfully submitted, Leo F. Frommelt Commissioner of Registration Mayor Horgan moved that the list be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Counci men Ludwig, pfohl, Takas. Nays-None. Absent-Councilman Kean. Notice of claim of Leo N. Harris in the amount of $30.45 for car damage incurred as the result of striking a caved in section of street at 5th & Iowa on May 8, 1964, presented and read. Council. man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Special Session, May 18, , i ~i 16:l presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, pfohl, Takas. Nays-None. Absent-Councilman Kean. Councilman Takas moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Leo F. Frommelt City Clerk ORDINANCE NO. 17-64 An Ordinance establlshing a grade on Sycamore street from the North Property Line of Fourteenth Street to the South Properly Line of SUt- teenth street. BE IT ORDAINED BY THE CITY COUNCn. OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Sycamore street from the north property line of Fourteenth Street to the south prop- erty line of Sixteenth Street Is hereby established and adopted as shown on Profile No. 1586. Bench Mark: Point of arrow on fire hydrant at the north- east corner of the intersection of East Fourteenth Street and Sycamore Street. Elevation 607.20. Said grade begins at station ()-f-oo which is north property line of Four- teenth Street with east curb elevation of 604.50; thence to station 2+50 with east curb elevation of 606.00; thence to station 3+20, with east and west curb elevation of 605.47; thence to sta. tion 4+-50 wth east and west curb ele- vation of 605.93; thence to station 5+80 which Is south property line of Six- teenth Street with east and west curb elevation of 605.40. Section 2. This ordinance shall be in full force and effect immediately upon its passage, adoption and publication as provided by law. Passed, adopted and approved this 18th day of May 1964- Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl COUNCILMEN ATl'EST: Leo F. Frommelt City Clerk Published officially In The Telegraph- Herald Newspaper thIs 25th day of May 19M. 1 t. ~25 Councilman Takos moved the adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried ny the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. 18, 1964 Session, May men Ludwig, Pfohl, Takos_ Nays-None. Absen~ouncilman Kean. ORDINANCE NO. 16-64 An Ordinance establLlhlng a grade on King Street from the East Prop. erty Line of Fulton Street to the Weet Property Line of Broadway Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on King street from the east property line 01 Fulton street to the west property line of Broadway Street Is hereby estab- lished and adopted as shown on Profile No. 1588. Bench Mark: Point of arrow on fire hydrant at northeast corner of intersection of King' street and Fulton Street. Elevation 773.94. Sald grade begins at Statton 0-05 which Is p.v.1. and is 5.0 feet west of east property Une of Fulton Street, with north and south curb elevation of 769.61; thence to station 0+20 which 11 p.v.t. with north. and south curb elevation of 768.36; thence to station 0+50 which is p.v.c. with north and south curb elevation of 766.26; thence to station 1+00 which is p.v.i. with north and south curb elevation of 761.39; thence to station 1+50 which is p.v.t. with north and south curb elevation of 753.76; thence to station 2+02 whlch Is p.v.c. with north and south curb elevation of 744.40; thence to station 2+27 which is P.vJ. with north and south curb elevation of 749.59; thence to station 2+52 which is p.v.t. and p.v.c. with north and south curb elevation of 738.15; thence to sta- tton 2+77 which Is P.v.1. with north and south curb elevation of 735.59; thence to station 3+02 which is p.v.t. with north and south curb elevation of 731.40; thence to station 6:03.68 which is west pro per t y Une of Broadway Street, with north and south curb ele. vation of 671.06. Section 2. This ordinance shall be in full force and effect Immediately upon passage... adoption and publication as provided Dy law. Passed, adopted and approved this 18th day of May. 1964. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl COUNCILMEN ATl'EST: Leo F. Frommelt CITY CLERK Published officially In the Telegraph. Herald Newspaper this 25th day of May '964. Leo F. Frommelt City Clerk I t. 5/25 Councilman Takos moved the final adoption of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. ORDINANCE NO. 17.64 An 0 r din a nee establishing a grade on Sycamore Street from the North property line of Four.. teenth Street to the South Prop. erty Line of Sixteenth Street, Special Special Session, May 18, 1964 tablished and adopted as shown on Prome No. 1584. Bench Mark: South- west corner of pump station platform between Twelfth Street and Sixteenth Street on Kerper Boulevard. Elevation 616.12. Sald grade begins at station G+OO which Is the north property line of Twelfth street with east and west curb elevation of 611.00; thence to station 3+50 with east and west curb elevation of 612.75; thence to staUon 5-+-00 with an east and west curb elevation of 612.00; thence to station 6+00 with east and west curb e 1 e vat Ion of 612.50; thence to station 9+50 which Is p.V.c. with east and west curb elevation of 614.25; thence to station 10+00 which Is p.v.l. with east and west curb eleva- tion of 614.56; thence to station 1()-f-50 which Is p.v.t. with east and west curb elevation 615.00; thence to s tat ion 12+47.50 which is south property Ilne of Slxteenth Street with east and west curb elevation of 619.97. Section 2. This ordinance shall be In lull force and effect immediately upon Its final passage, adoption and pUblication as provided by law. Passed. adopted and approved this 18th day of May. 1964. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. pfohl COUNCn..MEN ATTEST: Leo F. Frommelt CITY CLERK Published Officially In the Telegraph- Herald Newspaper this 25th day of May 1964. Leo F. Frommelt City Clerk An 0 r din a nee Establishing a grade on King Street from the East Property Line of Fulton Street to the West property line of Broadway Street. presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, 1 t. 5/25 Councilman Takos. moved the final adoption of the Ordinance Seconded by Councilman Pfohl Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. ORDINANCE NO. 16.64 Council~ 1 t. 5-15 Councilman Takos moved the final adoption of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. ORDINANCE NO. 15.64 An 0 r din a nee establishing a grade on Kerper Boulevard from the North Property Line of Twelfth Street to the South Prop. erty Line of Sixteenth Street, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car. ried by the following vote: Yeas - Mayor Horgan, Council. men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Councilman Takas moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, pfohl, Takos. Nays-None. Absent-Councilman Kean. ORDINANCE NO. 15-64 An Ordinance establ18hing a grade on Kerper Boulevard fro m the North Property Line of Twelfth street to the South Property Line of SIxteenth Street. BE rr ORDAINED BY THE CITY COUNCn. OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Kerper Boulevard from the north property line of Twelfth Street to the south property line of Sixteenth Street Is hereby es- street and Charter Street. Elevation 808.M. Said grade begins at station 0+00 which Is the welt property line of Main Street with north and south curb elevation of 605.60; thence to station 2+20 which is the east property llne of SaUna street with north and IOUth curb elevation of 604.50. Section 2. This ordinance shall be In lull force and effect Immediately upon 1ts final passage... adoption and publica- tion as providea by law. Passed. adopted and approved this 18th day of May 1964. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl COUNCILMEN A'ITEST: Leo F. Frommelt CITY CLERK ..Published officially in the Telegraph- Herald Newspaper this 25th day of May '9M. Leo F. Frommelt City Clerk 162 , i II ~ !i,~'1 , i:!l !,;~ 1~1 II' 1'1,' '!,,' i,~ i~ ,'~ 1\~ 'I~~ 'f ili 'l'f '~ ~ ~ 11',11 I', 'I 16.5 1964 Honorable Mayor and City Council Gentle_n: The Planning and Zoning Com. mission has approved the final plat of Lots 1 through 4, Block 1, Lots 17 through 29, Block 2, Lots 1 through 13, Block 3, and Lot A of Marycrest Subdivision No. 2 in the City of DUbuque and approval of said plat by the City Council is recommended. Respectfully submitted, Dubuque Planning and Zoning Commission By Frank J. Glab, Secretary Councilman Ludwig moved that the recommendation of the Com. mission be approved. Seconded by Mayor Horgan. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council- men Ludwig, pfohl, Takas. Nays-None. Absent-Councilman Kean. RESOLUTION NO. 110-64 Resolution approving the plat of Lots 1 through 4 inclusive Block 1, Lots 17 through 29 inclusive Block 2, Lots 1 through 13 inclusive Block 3, and Lot A, Marycrest Subdivision NO.2 in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat in which: Lot 1 of Lot 1 of Lot 1 of Lot 1 Lot 1 of Lot 1 of Willy Place in the City of DUbuque, Iowa, is platted as Lots 1 through 4 Block 1, Lots 17 through 29 Block 2, Lots 1 through 13 Block 3 and Lot "A" of Marycrest Subdivision No. 2 in the City of Dubuque, Iowa by George A. Saffran as Owner thereof; and Whereas said plat has been ex- amined by tbe City Planning and Zoning Commission and approved by said body; and Whereas upon said plat appears streets to be known as Balboa Drive, Madera Street and also ease- ments for public utilities which the Owner upon s aid plat has dedicated to the public forever; and Whereas said plat found to conform to 1964 Yeas - Mayor Horgan, Counci men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. May 14, has been the statutes 18, Special Session, May Petition of 1964 Dubuque Sum. mer Festival requesting considera- tion and possible appropriation of funds to help establish needed parking area on the Industrial Park south of Shiras Avenue, pre- sented and reall. Mr. John Walsh addressed the Council by stating that the Park. ing problem at the time of the Summer Festival is an outstanding one. This festival is of tremendous importance to the City. Roger Rhomberg stated that the parade attendance last year was approxi- mately 60,000 people, and about one quarter million people at- tended the carnival. Nick Schrup made an appeal to the Council for funds to develop a parking area in the Industrial park. Dave Cavanaugh spoke in behalf of or- ganized labor by giving its full supporl Hank Waltz stated that a parking area could have multi- ple recreational uses throughout the year. Leo Schlueter, Phil Kel. Iy, Wm. Burke, John McDonald and Richard Upton all spoke on various phases of benefit to the City and appealed for financial aid from the City. Councilman Ludwig moved to de- fer action. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Petition of Gene P. Zumhof et al requesting that something be done to effect the removal of a nuisance, namely a dangerous huge rock pile, on the lot next to 1490 Kaufmann Ave., presented and read. Councilman Pfohl moved that the petition be referred to the City Manager and Building Commissioner. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Petition of Midwest Developers Inc. requesting annexation of 40 acres of land south of Pennsyl- vania Avenue, presented and read. Mayor Horgan moved that the pe- tition he referred to the Planning & Zoning Commission. Seconded by Councilman Takos. Carried by the following vote: ! Special Session, May 18, 1964 Petition of D.A.V. Fighting Baek Chapter No. 6 requesting permis. sion to hold Forget-Me.Not daya on July 31 and August 1, 1964, presented and read. Councilman Takas moved that tbe petition be referred to the City Manager. Sec. onded by Councihnan Pfohl. Car- ried by the following vote: Yeas - Mayor Horgan. Coun.cil- men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. Petition of Zephyr Aluminum Products Inc. requesting permis- sion to ereet marquees at 1101, 1127 and 1135 Main Street and at 455-57 Central Avenue, presented and read. Councilman Pfohl moved that the petition he referred to the Planning & Zoning Commis- sion. Seconded by Councilman Ta- koso Canie<l by the following vote: Yeas - Mayor Horgan, Couneil. men Ludwig, pfohl, Takas. Nays-None. Absenl-Couneilman Kean. ORDINANCE NO. 18-64 Councilmu Takas moved the An 0 r din a", c. establishing a final adoption of the Qrdinance. grade on Terminal Street from Seconded by Councilman Pfohl. the South Property line of First Carried by the following vote: Street to the North Property Veas -- Mayor Horgan, Council- Line of Camp Street, men Ludwig, Plohl, Takas. presented and read. Nays-..N' one. . Councilman Takos moved that Absent-Councilman Kean. the reading just had be considered Petition of Dubuque S p 0 r t s the first reading of the Ordinance. Bowl requesting Permission to dis- Seconded by Mayor. Horgan. Car- play fireW1lrks in conjunction with ried hy the following vote: their 4th of July stock car racing Yeas _ Mayor Horgan, Council- program, pre s e n t e d and read. men Ludwig, pfohl, Takas. Councilman Takas moved that the Nays-None. petition be granted subject to su- Absent-Councilman Kean. pel"vision of the Fire Chief. See- ~ncilman T~kos moved that onded by Councilman pfohl. Car- the rule be suspended requiring ried by the following vote: an Ordinance to be read on three Yeas - M'ayor Horgan, Council- separate days. Seconded by Coun- men Ludwig. Pfohl, Takos. cilman pfohl. Carried by the fol. Nays-None. lowing vote: Ab&enl.---Councilman Kean. Yeas - .Mayor Horgan, Council. Petition of Andr,w J. Kisting men LudWIg, pfohl, Takos. et al objecting to the proposed Nays-None. . rezoning for apartment building Absent-Couneilman Kean. purpol;>es on St. Anne's Drive, pre- ORDINANCE NO. 18-64 sented and read. Mayor Horgan An Ordinance estabUshing a grade d h th . . on Terpurlal Street from the South mOve t at e petItIon be referred pPgperty Line of First Street to the to the Planning & Zoning Commis- ~%~. Property Llne of Camp sion. See 0 n d e d by Councilman B& IT ORDAINED BY THE CITY Takas. Carried by the following OOUNCIL OJ" THE CrrY OF DUBUQUE, vote' IOWA: . Section 1. That a grade on Terminal Yeas _ Mayor Horgan Council- Street from the south property line . ' of First street to the north property men LudWIg, pfohl, Takas. Line of Camp &treet is hereby estab- N ays.-None lished and adopted as shown on Proflle . No. 1583. Bench Mark: Point of arrow on fire hydrant at the southeast corner of the intersection of Water street and Jones s t r e e t. Elevation 607.31. Said grade begins at lrtation 0+00 which is the SQuth property line of First street with east and west curb elevation of 1)07.24; thence to statlOlt 2+10 with east and west curb elevation of 603.47; the1tce to station 4+00 with east and west curb eelvation of 804.47; thence to station 8+34c with east and west curb elevation. of 602.73; thence to sta- tion 11+00 witl;1 east aDd west curb elevation of 8ot.06;, thence to station 13+00 with east and west curb elevation of 603.06; tl'lence tQ station 14+63.12 which is the north property line of Camp St,reet with east and west curb elevation of 603.88. Section 2. This ordinance shall be in full force and effect immediately upon it$ final passaie, adoption and pUblica. tic;m as provided by law. Passed, adopted and approved this 18th day of May 1964. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl COUNCILMEN A'l"l'EST: Leo F. Frommelt City Clerk PQblished officially in The Telegraph- Herald Newspaper this 25th day of May 1964. Leo F. Fremmelt City Clerk "20 1 t. 164 167 ~; f! ments is hereby determined to be $3,939.36. That $2,428.87 of the cost thereof shall be assessable opon private property and $1,510.49 shall be paid from the Sanitation Special assessment 16z..J.1 Fund of the City of Dubuque. Passed, adopted and approved this 18th day of May 1984. Robert J. Horgan Mayor Richard LUdwig Peter J. Takas Eldon A. Pfohl Councilmen property Special Session, May 18, 1964 and Ordinances relating thereto except that the streets have Dot been reduced to grade or paving, water or sidewalks installed Session, May 18, 1964 condi- Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Ludwig. Car. ried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays--None. Absent-Councilman Kean. (A Resolution Accepting Improve.- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 112-64 WHEREAS, the contract for the construction of an eight-inch(S") sanitary sewer between Lincoln Avenue and Thomas Place begin- ning at the existing sanitary sewer in Lincoln Avenue at the S.E. 125' of Lot 99 of McCraneys 1st Addi- tion thence westerly through said Lot to the N.W. 147' of Lot 99 of McCraneys 1st Addition, thence southerly to Lot 1-B of Lot 96 of McCraneys 1st Addition and northerly to Lot 2 of Lot 103 of McCraneys 1st Addition has been completed and the City Manager bas examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore. BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the Clty Engineer be and is hereby directed to prepare a plat and schedule Showing the lots or parcels of real estate subject to assessment for said improvement and file the Mayor Horgan moved adoption of the resolution subject to sub- divider agreeing to surface full length of Balboa Drive from Kane S t r e etas platted. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. 12, 1964 To the Honorable and City Council Gentlemen: The Thomas P I ace Sanitary Sewer has been completed in ac- cordance with plans and specifica- tions by Smittys Excavating Serv- ice. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the Man- ager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men LUdwig, Pfohl, Takas. Nays-None. FINAL ESTIMATE RESOLUTION NO. 111-64 WHEREAS, the contract for the construction of an eight-inch (8") sanitary sewer between Lincoln Avenue and Thomas Place begin- ning at the existing sanitary sewer in Lincoln Avenue at the S.E. 125' of Lot 99 of McCraneys 1st Addi- tion, thence westerly through said Lot to the N.W. 147' of Lot 99 of McCraneys 1st Addition, thence southerly to Lot 1-B of Lot 96 of McCraneys 1st Addition and northerly to Lot 2 of Lot 103 of McCraneys 1st Addition has been completed ans the City Engineer has submitted his final estimate showing the cost thereof includ- ing the cost of estimates, notices, inspection, and preparing the as- sesment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- May Mayor lot to behind the line. g. 'Fa construct the foregoing Improvements in accordance with plans and specifications approved by the City Man- ager and under the inspec- tion of the City Engineer. h. To maintain all street im. Section 1. That the dedication provements and sewer and of Balboa Drive and Madera Street water mains. for a period of together with the easements fo~ fo~ (4) years from the date public utilities all as the same . of Its acceptance. appears upon said plat be and 1. To construct said improve- the same are hereby acc~pted and ments prior to November 30, that said streets be and are hereby . 1985. . established as public streets in the J. To prOVIde the foregoing con- City of Dubuque, Iowa; struction and maintenance at Section 2. That the plat of Lot the expense of the Owner, 1 of 1 of 1 of 1 of 1 of 1 of Willy and further provided that George Place in the City of Dubuque, Iowa, A: .S~ffran as Owner of said sub- which will hereafter be known as dIVISIon secure the performance of Lots 1 through 4 Block 1 Lots 17 the foregoing conditions by pro- through 29 Block 2, Lots i through viding security !n such sums and 13 Block 3 and Lot "A" Marycrest WIth such sureties as may be ac- Subdivision No. 2 in the City of ceptable to the City Manager; Dubuque, Iowa, is hereby approved Section 3. That in the event and the Mayor and City Clerk are George A. Saffran shall fail to hereby authorized and directed to execute the acceptance and pro- endorse the approval of the City vide security provided for in Sec. of Dubuque upon said plat provid- tion 2 hereof within forty-five (45) ing the Owner of said property, days from the date of this Resolu- hereinbefore named, executes writ- lion the provisions hereof shall be ten acceptance her e t 0 attached, null and void and the acceptance agreeing: of the dedication and approval of a. To reduce Balboa Drive and the plat shaH not be effective. Madera Street to grade as Passed, adopted and approved by shown by the prOfiles at- recorded roll caH vote this 18th tached with the plat. day of May, A.D., 1984. b. To surface Balboa Drive and Robert J. Horgan Madera Street for a width of . Mayo~ 30 feet with 6" Portland Ce- Richard LudWIg ment Concrete or 8" Rolled Peter J. Takos Stone Base and 2"." Asphal. Eldon A. Pfoh~ tic Concrete Surface accord CounCIlmen ing to the latest City of DU: buque specifications. c. To instaH sidewalks on both sides of Balboa Drive and Madera Street in accordance with the City of Dubuque Standard Specifications for permanent sidewalks. d. To install water mains in ac- cordance with plans submit- ted with this plat. e. To install sanitary sewers and storm sewers in accordance wit h plans submitted with this plat. f. To install sanitary sewer and water house laterals for each Special the Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the securi. ty required for the foregoing Res- olution 110-64 has been provided by the Owner. Dubuque, Iowa, July 1, 1964. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 110-64 George A. Saffran having read the terms and conditions of the foregoing Resolution 110-64 and being familiar with the contents thereof, hereby accepts the same sewer, therein NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: and agrees to perform tions therein required. George A. Saffran Dated June 17, 1984. 166 ~. II 169 Sll3-l12, paased, adopted and approv. ed by City Council of Dubuque, Iowa, on August 4, 1952, and assign. ing tbe said sum of $80,000.00 to City of Dubuque, Iowa absolutely and unconditionally, said amount of $80,000.00 to become and remain the sole, absolute and uncondition- al property of City of Dubuque; Iowa. Passed, adopted and approved May 18th, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldou A. Pfohl Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded b, Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan. Council- men Ludwig, Piohl, Takas. Nays-None. Absent-Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for pUblic improvements and Hearing upon proposed plans sped. ficatioDs, form of contract and cost of improvements for the ron- struction of a storm sewer in Fourth Street from the existing otorm sewer between 3rd and 4th street thence easterly across the Chicago, Burlington & Quincy Railroad Company tracks to a point approximately 125 feet from the beginning thence northerly to 4th St. thence easterly to the in. tersection of 4th St. & 6th St., pre- sented and read. No written objections were filed and no oral objectors were present in the Couacil Chamber at the time and date set for hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor HorllaI1, Counci men Ludwig, Pfohl, Takas. Nays-None. Absent--Councilman Kean. (Necessity for Improvement: RESOLUTION NO. 76-64 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved Session, May 18, 1964 portunity to be heard for or against such proposal to dispose of interest of City of Dubuque, Iowa in and to the following described real estate, to wit: Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa, and Lot 2 of River Front Subdivision No. 4 in the €ity of Dubuque, Iowa, according to respective P I a t s thereof filed in Book of Plats No. 29 Page 361 and Pages 362- 363 in the office of the Recorder in and for Dubuque County, Iowa. subject to perpetual ease- ment retained and reserved; and WHEREAS, any and all objec- tions to the disposal of the interest of the City of Dubuque, Iowa in and to the above described real estate unto Dubuque Packing Com. pany are hereby overruled. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section I. That the disposal of the interest of the City of Du- buque, Iowa in and to the real estate hereinafter described unto Dubuque Packing Company for good and valuable consideration be and the same is hereby ap- proved, which real estate is de- scribed as follows, to wit: Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa, and Lot 2 of River Front Subdivision No. 4 in the City of Dubuque, Iowa, according to respective Plats thereof filed in Book of Plats No. 29 Page 361 and Pages 362- 363 in the office of the Recorder in and for Dubuque County, Iowa, subject to perpetual ease. ment retained and reserved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute the Quit Claim Deed for and on behalf of City of Dubuque, Iowa conveying said real estate hereinabove de- scribed to Dubuque Packing Com- pany and to deliver the same upon receipt oJ a written release exe- cuted by Dubuque Packing Com- pany releasing and discharging any and all claims of Dubuque Paeking Company in and to the sum of Eighty Thousand ($80,000.- 00) Dollars granted by said Packing Company to City of Dubuque, Iowa, in accordance with Resolution No. Special Special Session, May 18, 1964 hereby approved and the Mayor and Clerk be and they are here by authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 18th day of May A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vole: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Proof of Publication, certified to Attest: : by the Publisher, of Notice of Time Leo F. Frommelt and place of hearing on proposal City Clerk to dispose of interest in Lot 1 of Councilman Takas moved the Block 8 River Front Sub. No. 3 adoption of the resolution. Second- and Lot 2 of River Front Sub. No. ed by Councilman Ludwig. Carried 4 to Dubuque Packing Company, by the following vote: presented and read. No written Yeas _ Mayor Horgan, Council. objections were filed and no ob- men Ludwig, pfohl, Takos. jectors were present in the Coun. Nays-None. cil Chamber at the time of the Absent-Councilman Kean. hearing. RESOLUTION NO. 113-64 Councilman Takas moved that RESOLUTION Approving Plat of the proof of publication be re- River Front Subdivision Number 4 ceived and filed. Seconded by in the City of Dubuque, Iowa. Mayor Horgan. Carried by the fol. WHEREAS there has been filed lowing vote: with the City Clerk a plat in which Yeas - Mayor Horgan, Council- River Front Subdivision Number 4 men Ludwig, Pfohl, Takas. in the City of Dubuque, Iowa Nays-None. is platted as Absent-Councilman Kean. Lots 1, 2 and 3 of River Front RESOLUTION NO. 114-64 Subdivision No. 4 in the City of WHEREAS, pursuant to Resolu- Dubuque, Iowa tion and notice of time and place and, of hearing published in the Tele- WHEREAS said plat has been graph-Herald, a newspaper of gen. examined by the City Plan Com- eraI circulation printed and pub- mission and had its approval en- lished in the City of Dubuque, dorsed thereon; and, Iowa, on April 24, 1964, and on WHEREAS said plat has been May 1, 1964 City Council of Du. examined by the City Council and buque, Iowa. met on the 18th day they find the same conforms to the of May, 1964, at 8:30 o'clock P.M. Statutes and Ordinances relating (D.S.T.), same being a special meet- thereto; ing of the City Council of Dubuque, NOW, THEREFORE, BE IT RE. Iowa, in the City Council Chamber, SOLVED BY THE CITY COUNCIL in the City Hall, City of Dubuque, OF THE CITY OF DUBUQUE, Iowa, to consider the proposal to lOW A: dispose of interest in certain real Section 1. That the above de. estate at which hearing all inter- scribed plat be and the same is ested parties were afforded an op- 168 same in the office of the City Clerk subject to public inspeetion and said Clerk shall upon reeeipt of such plat and schedule publish the notice of the Council's inten. tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Sewer bonds issued upon the above de- scribed improvement in amount equal to the amGUnt of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl Councilmen 171 WHEREAS, said sealed proposals were opened and read on May 18, 1964, and it has been determined that the bid of Saffran Construc- tion Co. of Dubuque, Iowa in the amount of $16,166.00 was the low- est bid for the furnishing of all labor and materials and perform- ing 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 Saffran Construction Co. of Dubuque, Iowa and the Manager be and he is hereby directed to exe. cute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT F1JRTHER RESOLVED, that upon the signing of said 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 unsuc- cessful bidders. Passed and adopted this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl Councilmen Ii Attest: Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the fallowing vote: Yeas - Mayor Horgan, Council. men Ludwig, pfohl, Takas. Nays-None. Absent-Councilman Kean. RESOLUTION NO. 117-64 BE IT RESOLVED by the City Council of the City of DUbuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. George Weis, 400 East 22nd Street. BE IT F1JRTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 18th day of May, 1964. Special Session, May 18, 1964 men Ludwig, Pfohl, Nays-None. Absent-Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposals for the construction of the 4th 'street storm sewer, presented and read. Mayor .Horgan moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. May 18, 1964 Mayor To the Honorable and City Council Gentlemen: Bids were received until 10:00 A.M., DST, Monday, May 18, 1964 for the Fourth Street Storm Sew, er. The lowest bid received was submitted by Saffran Construction Company of Dubuque, Iowa. The low bid was 13.52% under the es- timate. A tabulation of bids re- ceived are attached. I recommend that the contract for the improvement be awarded to the Saffran Construction Com- pany. Very truly yours, Gilbert D. Chavenelle City Manager Councilman pfohl moved the ap- proval of the recommendation. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, pfohl, Takas. Nays-None. Absent-Councilman Kean. (Aw8rding Contnct) RESOLUTION NO. 116-64 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of a storm sewer in Fourth Street from the existing storm sewer between 3rd St. and 4th St., thence easterly across the Chicago, Burlington, & QUincy Railroad Company tracks to a point approximately 125 feet from the beginning, thence north- erly to 4th St., thence easterly to the intersection of 4th st. & 6th St. pursuant to Resolution No. 115-64 and notice to bidders published in a newspaper published in said City on 4-24, 1964 and 5-1, 1964, and Takas. Session, May 18, 1964 Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Kean. (Ordering Construction) RESOLUTION NO. 115.64 Be It Resolved by the City Coun- cil of the City of Dubuque that Pursuant to a Resolution of Ne- cessity No. 76-64 which was duly passed by this Council for the con. struction of a storm sewer in Fourth Street from the existing storm sewer between Third street and Fourth Street, thence easterly across the Chicago, Burlington, and Quincy Railroad Company tracks to a point approximately 125 feet from the beginning, thence north- erly to Fourth Street, thence east- erly to the intersection of Fourth Street and Sixth Street. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of the property owners. All the work shall be constructed in accordance with the plans and specifications here. tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provement be paid from the Kauf. mann Avenue Storm Sewer Fund. 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 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Car- ried by the fol1owing vote: Yeas - Mayor Horgan, Counci: Special by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow. ing: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of a storm sewer in Fourth Street from the ex- isting storm sewer betv..een Third Street and Fourth Street, thence easterly across the Chicago, Bur- lington and Quincy Railroad Com. ~any tracks to a point approxi- mately 125 feet from the begin. ning, thence northerly to Fourth Street, thence easterly to the in- tersection of Fourth Street and Sixth Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve. ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk ob- jections to the amount of the cost of improvement, they shall be deemed to have waived all objec- tions thereto. Said imrovement shall be con. structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun. cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid from the Kaufmann Avenue Storm Sewer Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of April, 1964- Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 18th day of !day 1964, Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl Councilmen 170 I I II 173 to the overall bid submitted by J. P. Cullen & Son Corporation. Mr. Cullen addressed the Council by stating that the price quoted by his firm is for the completed job of the structure including the streets and sewers. A question of policy arose whether or not the street work around the ramp should be included in the overall ramp project, as the City's policy in the past had been to charge at least part of the cost of street im- provements to the abutting prop- erty owners. It was clearly brought out that the streets must be changed and brought to grade tn accomodate the traffic flow into and out of the ramp structure. Therefore it is reasonable to as- sume that even though the abut- ting property owners would bene- fit, the cost should not be borne by them due to the building of the structure. Members of the Engi- neering Department stated that if the structure would not be built they could see no justification for constructing a street or streets at the present time in the Eighth and Ninth street area. Mr. Cullen ad- dressed the Council by stating that his firm would not agree to sepa- rate the street work around the ramp structure from the main ramp project. He further stated that the street work figure in his bid was merely a bookkeeping figure. Councilman Ludwig moved that the recommendation of the City Manager as to the acceptance of the of J. P. Cullen & Son Corpora. tion in the amount of $1,074,731, be approved for the construction of the Locust Street Garage and that the City Manager be author- ized to issue letter of intent to enter into contract for construc- tion of such facility, subject to the approval of the contractor by the consulting Engineering Firm, and subject to the financing of said project by the issuance and sale of Revenue Bonds in the total amount of $1,250,000. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Counci: men Kean, Ludwig, Takas. Nays-Councilman Pfohl. OROINANCE NO. 1344 An Ordinance authorizing Ind providing for the issuence end securinll the payment of $1,250,. ~ May 20, 1964 Session, Adjourned Special CITY COUNCIL OFFICIAL Adjourned Special Session, May 20, 1964. Council met at 11:00 o'clock A.M. Central Standard Time (12:00 Noon D.S.T.) Present - Mayor Horgan, Coun- cilmen Kean, Ludwig, pfohl, Takas. City Manager Gilbert D. Chave- nelle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is an adjourned meeting of the spe- cial meeting of May 18, 1964, for further consideration of bids for the construction of the Parking Ramp and proceedings for the is- suance of Parking Facilities Reve- nue Bonds in the amount of $1,250,000, and acting on any other business which may properly come before the meeting. Communication of City Manager ChavenelIe, which was previously presented and read at the meeting of May 18th and referred to the Council at that session, recom- mending the awarding of the Con- tract for the eonstructlon of the Locust Street Parking Garage was again presented and read. The City Manager submitted a synopsis of the difference between the preliminary figures contained in the letter report of DeLeuw Ca- ther, the increased preliminary fig- ures totalling $790,000 as present. ed to the members of the Council when they were asked to consider a bond issue of $1,250,000, the final engineers estimate based upon de- tailed plans and specifications, and the construction bids as received May 18, 1964. The low bid received for the construction of the Park. ing Garage was 7.44 percent lower than the engineer's estimate and for the total construction was 7.19 percent lower than the estimate. Mayor Horgan moved that the rules be suspended In order to let any- one present address the Council if they so desire. Seconded by Coun. cilman Takos. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Some discussion arose relative Special Session, May 18, 1964 solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di. rected tn issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Cloetta L. Ricke, 55 East 7th Street Ralph Warren, 1700 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Mayor Horgan moved that this meeting be adjourned to a Special meeting to be held at 11:00 A.M. Central Standard Time on Wednes- day, May 20, 1964, in the Council Chamber at the City Hall. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. Leo F. Frommelt City Clerk 964 964 City Clerk Councilmen Approved Adopted Attest: Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Sec- onded by Councilman Takos. Car. ried by the following vote: Yeas - Mayor Horgan, Council- men Ludwig, Pfohl, Takas. Nays-None. Absent-Councilman Kean. RESOLUTION NO. 11844 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 Cloetta L. Ricke, 55 East 7th Street Ralph Warren, 1700 Central Ave- nue Passed, adopted and approved this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas - Mayor Horgan, Council. men Ludwig, pfohl, Takas. Nays-None. Absent-Councilman Kean. RESOLUTION NO. 11944 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the 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. 172 I I I I I ~I I I , I I' 175 principal amount thereof if called for redemption thereafter and on or prior to December 31. 1990; and upon terms of par and accrued In. tarest without premium If caUed for redemption thereafter and pri- or to maturity. In the event any ol said bonds are to be 80 prepaId and redeemed, as aforesaid, notice thereof identifying tlie bond or bonds to be redeemed, shall be gIven by registered mall address- ed to the last known holders of all bonds to be redeemed at least thirty (30) days prior to the re- demption date and shall al80 be published at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of New York, New York. In the event any of said bonds are called tor redemption on any date other than an Interest pay- ment date, an additional publica- tion of Buch notice shal1 be made not more than thirty (30) days nor less than ftrteen (15) daye: prior to the redemption date. All of such bonde: thus called for prepayment and redemption and for the re. tlrement of which, upon the terDlll aforesaid, funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. Both principal and Interest of said bonds shall be payable In lawful money of the United States of America at the ofnce of the City Treasurer In and of the City of Dubuque, Iowa. Allot said bonds and the Interest thereon, to. gether with any additional bonds ranking on a parity therewith that may be issued and outstanding un. der the conditions and restrIctions hereInafter set forth shall be pay- able solely from the bond and in. terest redemption sinking tund hereinafter created, and shall be a valld claim at the holder there- of only against said fund, and none of filaid bonds shall be a gen- eral obligation of said. City nor payable In any manner by tax~ ation, but Mid bonds and such ad';' dltlonal bonds as may be inued on a parity therewith shall be pay- able, both as to principal and in- terest, solely and only trom the future net revenues of said Im- proved system of public motor ve~ hicle parking facilities pledged therefor as hereinafter provided, and under no circumstances shall said City be In any manner liable by reason of the failure of ..id net revenues to be sufficient for the paymnt ot said bonds and In- terest thereon. Section 2. That said bonds and coupons shall be in substantially the following form: (Form ot Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE PARKING FACILITIES REVENUE BOND Number $6000 KNOW ALL MEN BY THESE PRESENTS: That the City ot 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 hereinafter provided then to the registered bolder hereot, solely from the source herelnafterspecl_ fied, the sum of Five Thouaand DoHars ($5000) on the first day of January, 19-, and to pay t Session, May 20, 1964 Adjourned Special $5000 each. The bonds of said issue shall bear interest at the rate of Five per cent (6%) per annum or at such lower rate or rates as may be determined at the time of the pUblic sale of said bonds, such in- terest to be payable January I, 1965; and semian.ually thereafter on the first days of July and Janu- ary in each year. Said bonds shall mature in numerical order on January 1 of the respective years as follows: Year Amount Year Amount 1966 $25,000 1981 $45,000 1967 25,000 1982 45,000 1968 2!J,OOO 1983 45,000 1969 25,000 1984 50,000 1970 25,000 1985 50,000 1971 30,000 1986 50,000 1972 30,000 1987 55,000 1973 30,000 1988 55,000 1974 30,000 1989 60,000 1975 35,000 1990 60,000 1976 35,000 1991 65,000 1977 35,000 1992 65,000 1978 40,000 1993 65,000 1979 40,000 1994 70,000 1980 40,000 Provided, however, that by reason of the reasonable assurance the City will have revenue funds avail- able from time to time for the re- tirement of bonds prior to maturi- ty and also to enable said City to re-finance said bonds at a lower interest rate, it is advantageous to the City to reserve the right and option to prepay and redeem bonds numbered 32 to 250, inclusive, ma- turing on and after January I, 1972, from avaIlable revenues at the sys_ tem prior to maturity in whole, or from time to time in part in in- verse order of maturity (less than all of one maturity to be selected by lot) on any interest payment date on or after January 1, 1971, and it is agreed that if said City exercises such rIght of prepayment and redemption, in addition to par and accrued interest to the re- demption date it will pay for thIs pri vilege to the holders of the bonds so to be prepaid and redeemed a redemption premium equal to three per cent (3%) of the prin- cipal amount of any of such bonds caJIed for redemption on January 1, 1971, and if called for redemp- tion thereafter, the amount of such premiUm to be so paid shall be reduced at the rate of 1,4 of one per cent of the principal amount for each full year that the redemp- tion date is subsequent to January I, 1971, and the right Is also re- served to the City to prepay and redeem bondg numbered 67 to 200, Inclusive, maturing on and after January I, 1976, from any funds regardless of source prior to ma- turity in whole on any date on or after .January I, 1975, and it Is agreed that If said City exercises such right of prepayment and re- demption, In addition to par and accrued Interest to the redemption date it will pay for this privilege to the holders of the bonds so to be prepaid and redeemed a re- demption premium equal to four per cent (4%) ot the principal a- mount of any of such bonds if called for redemption on or prior to December 31, 1978; three per cent (3%) ot the principal amount thereof if called for redemption thereafter and on or prior to De- cember 31, 1982; two per cent (2%) of the principal amount thereof It called for redemption thereafter and on or prior to December 31, 1986; one per cent (1 %) of the May 20, 1964 posed Locust Street Parking Ga- rage" dated December 10, 1963, prepared by De Leuw, Cather & Company, Consulting EngIneers, and now on tile with the City Clerk, and consisting of acquiring the real estate not now owned by thl: City in the block bounded by Locnst, Bluff, Eighth and Ninth Stre<-tt- in I'lald City and construct- ing in said block a multi-level re- inforced concrete motor vehicle parking structure having a noor area of approximately 160,000 squaJ"e feet; and WHEREAS traffIc conditions upon the streets of said City are such as to necessitate and require for the pUblic benefit, Rafety and convenience of saId City and itB inhabitants that said parking structure be acquired, maintained and operated by said City in order that motor vehicular tratfic con- gestion upon the streets of said City be alleviated and properly controlled and WHEREAS the cost vf a<.'fluir- Ing Mid additional pubUc JTlulor vehicle parking facilities has teen estimated to be $1,539,285. of which $289,285 is to be paid (rom cash on hand, and as authorized under the provisions of Section 390.9 of the Code of Iowa, 1962, as amended, it is necessary tha t revenUe bonds of said City be issued in the amount of $1,250,000 to pay the bal- ance at su('h cost; and WHEREAS a notice ot the in- tent'on of the Council of said City to t3.ke action for the i88uance ot $1,250,0(,0 Parking Facilities Reve- nue Bonds of Baid CIty has I'91"eto- fore beE'n given in the mann~r &nd form required by Section 23.12 at the Code of Iowa and no petition nor prot~st has been filed, and no petition has been filed in tile of~ fIce of the City Clerk asking tha t thE' proposition of Issuing said bonds be submitted to the voters of said City; and WHEREAS it Is the desire and intent that the provision be made in and by this ordinance for the issuance of such revenue bonds for the purpose aforesaid and to set forth herein the terms and condi- tions upon which l!IRid revenue bonds and any additional revenue bonds ranking on a parity there- with are to be and may be issued and outstanding, to set forth the covenants and undertakings of the City with respect to the operation and maintenance of the said sys- tem of pUblic motor vehicle park- ing tacilities and to restrict the rIghts ot the holders of said reve- nue bonds from time to time out- standing in the source of payment of the interest on and principal of , said 1"'evenue bonds and in the en- forcement thereof; NOW, THEREFORE, Be It Or- dained by the City Council of the City of Dubuque, Iowa, as tollows: Section 1. That. for the purpose of defraying the cost of acquiring additional pUblic motor vehicle parking facilities in and for the City of Dubuque, Iowa, and as re~ ferred to in the preamble hereof, there be and there are hereby au- thorized to be issued the nego- tiable interest bearing revenue bonds of said City at Dubuque, tn the principal amount of $1,250,000, each of whIch shaH be known and designated as a "Parking Facill- ties Revenue Bond," bearing date of June I, 1964, numbered 1 to 250, inclusive, at the denomination of Adjourned Special Session, 000 Parking Facilities Revenue Bonds of the City of Dubuque, Iowa, under the provisions of Chapter 390 of the Code of lowe, as amended, for the purpose of defraying the cost of acquiring additional off-street l1'li 0 tor vehicle parking facilities in end for said City, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig, Carried by the following vote: Yeas _ Mayor Horgan, Council- men Kean, Ludwg, Pfohl, Takos. Nays-None. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. ORDINANCE NO. 13-64 AN ORDINANCE authorizing and providing for the issuance and securing the payment of $1,250,000 Parking Facilities Revenue Bonds of the City of Dubuque, Iowa, under the pro- visions of Chapter 390 of the Code of Iowa, as amended, for the purpose of defraying the cost of acquiring additional off- streel motor vehicle parking facilities in and for said City. . . . WHEREAS the City of Dubuque, In Dubuque County, Iowa, bas heretofore established a system of pUblic motor vehicle parking fa- cilities In saId City consisting of both on-street parking- meters and off -street parking facilities and has established regulations for the use and operation thereof in order to properly regulate and control traffic upon the congested streets within said City; and WHEREAS the location and physical characteristics of the busi- ness area, together with the In- (~reased use by the pUblic of motor vehicles has caused serIous traffic congestion In the streets of the busIness sections of said City, thus lueventing the free circulation of traffic in, through and from said City, impeding the rapid and ef- fective handling of fires and op. eration of pollce forces, and en- dangering the health, safety and welfare of the general public, and it has been heretofore found and determined, following a pUblic hearing conducted in the manner and as authorized and provided in Section 390.1 of the Code of Iowa, 1962, as amended, that pUblic con~ venience and necessity will be served by adding to, extending and improving said system of pub- lic motor vehicle parking facili- ties as contemplated and recom- mended by the "Letter Report to the City Councll and City Man. ager, Dubuque, Iowa, oil the Pro. 174 177 first day of June, 1964. Treasurer of the City of Dubuque, Iowa." There l5hall also be printed on the back of each bond provl.lons in the following form for evi- tjencing its registration as to princIpal: Name of Registered Owner Date of Registration Signature of City Treasurer Section 3. That said revenue bond. shall be registrable a8 to principal in accordance with the provisions for registration herein- above provided, and the City 'rrea.surer is hereby appointed and de.signated Registrar for such pur- pose. No charge shall be made to any holder of said bonds for the privllege of registration or trans- fer thereof. Section 4. That said bonds shall be signed by the Mayor and at- tested by the City Clerk, with the seal of the City affixed, and the Interest coupons attached thereto shall be executed by said City Clerk b;y his facsImIle silrna- ture, and said official, by tbe ex- ecution of saId bonds shall adopt as and for his own proper sIgna- ture his !acsimilie signature ap- pearing on such coupons. When and as executed, said bonds shall be delivered to the City Treasurer to be by hIm duly recorded as to Issuance and said TreaJ:lurer shall sign the certificate hereinbefore set out fn SecUon .2 and endorsed upon the back of each of said bonds and deUYer $4I.id banda to the purchaser thereof upon pay- ment of the purchase price, same to be not leM than par and ac- crued interest. Section 6. The proceeds of the bonds hereby authorized 3haJI be dewsited ina Construction Fund, which is hereby ordered crea.ted, and shan be applied in paying the cost of acquiring the additional public motor vehicle! parking facilt- ties as hereinbefore dellcribed and expenses incident thereto, provided that all sums received lUJ accrued interest in the issuance and sale of the bonds shall be paId into the Parking Facili ties Revenue Bondll Sinking Fund hereInafter created. Pending expenditure for sald authorized purpo.e the bal- ance of the proceeds of the bonds shall be depoalted in a bank or banks and each such deposit to the extent it cau8ell the aggregate de- posits by said CIty in any such bank to be in excess of $10,000 shall be collaterally secured by direct obligation_ or guaranteed bonds of the United State. of America having a market value equivalent to such depo.tit. Dis- 'I, ~ May 20, 1964 Session, Adjourned Special er, and each of the interest cou- pons hereunto appertaining, may be negotiated by delivery by any person having possession thereof howsoever such possession may have been aCQuired, and that any holder who shall have taken tbis revenue bond or any of the Inter- est coupons from any penon for value and without notice thereby has acquired absolute title there- to free from any defenses enforce- able against any prior holder and free from all equltlelil and claims of ownership of any such prior holder. For a mar e complete statement of the basis upon which thil!l revenue bond has been Issued and additional revenue bonds rank- ing on a parity therewith may be iSl5ued and outstandIng, and a de- scription of the source of payment of all such revenue bonds, and the circumstances under which the provisions of the aforesaid or- dinance may be modified and a statement of the rights, duties and obligations of said City of Du- buque and the rIghts of the hold- ers of the revenue bonds, refer- ence is made to said ordinance. And it is hereby certified. re- cited and declared, that all acts, conditions and things required to exist, happen and be performed preceden t to and in the issuance of this bond and the series of which it is a part, have existed, have happened and have been per. formed In due time, form and manner, as required by law, and that the issuance of this bond does not exceed or violate any con- stitutional or statutory limitation or provision. IN WITNESS WHEREOF, said City of Dubuque, by its City Council, ha3 caused thIs bond to be signed by its Mayor and at- tested by its City Clerk. wIth the seal of saId City affixed, and the coupons hereto attached to be ex- ecuted with the facsimile signa- ture of the said City Clerk, which official by the execution of this bond, does adopt as and for his own proper signature his facsimile signature appearing on said cou- pons this first day of June, 1964. ~o $____ On , 19-, the City of Dubuque, Iowa, will pay to bearer out of its Parking Facllities Revenue Bonds Sinking Fund Dollars (S~) at the office of the City 'treasurer, Du- buque, Iowa. as provided in and for interest then due on its Park- ing Facilities Revenue Bond dated :rune 1, 19&4, Numbered- City Clerk On the back of each bond there shall be printed the certificate of the City Treuurer in the following form: "The issuance of this bond has been duly and properly recorded in my office as of the Mayor Coupon) of City Clerk (Form Attest Session, May 20, 1964 January 1, 1971, a.nd said City also reserves the right and option to prepay and redeem bonds of this issue numbered 67 to 250, in- clusive, maturing on and after J..nuary I, 1978, from any funds regardless of source prior to ma- turity in whole on any date on or after January I, 1976, and said City agrees that if it exercises said right and option, in addItion to par and accrued interest to the redemption date it wHl pay for this prIVilege to the holders of the bonds so to be prepaid and re- deemed a redemption premium equal to four per cent (4%) of the principal amoun t of any of such bonds if called for redemption on or prior to December 31. 1978; three per cent (3%) of the prin- cipal amount thereof If called for redemption thereafter and on or prior to December 31, 1982; two per cent (2%) of the principal amount thereof if caUed for re- demption thereafter and on or prior to December 31, 1986; one per cent (1%) of the principal amount thereof if called for re~ demptlon thereafter and on or prior to December :n, 1990; a.nd upon terms of par a.nd accrued interest without premIum if called for redemption thereafter and prior to maturity. In the event any of saId bonds are called tor redemption prior to maturity as aforesaid, notice of such redemp- tion, identifying the bond or bonds to be redeemed, wlll be given by registered mati addressed to the last known holders of all bonds to be redeemed at least thirty (30) days prior to the redemption date and will also be published at least once not less than thirty (30) days prior to the redemption date In a financial newspaper or journal pub- lished in the City of New York. New York. In the event any of said bQnds are called for redemp- tion on any date other than an tn- terest payment date, an additional publication of such noUce will be made not more than thirty (30) days nor less than fifteen (15) days prior to the redemption date. Such of said bonds as may be thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provided will cease to bear intereet from and after the date as of which they are called for redemp- tion. ThIs revenue bond and the ap- purtenant interest coupons are payable to bearer but this bond may be registered as to princlpai only in the name of the holder on the books of said City of Dubuque in the office of its City Treasurer, and such registration will be evi- denced by notation hereon to that effect by said City Treasurer as Reghrtrar atter which no transfer hereof shall be valid unless made on saId books and simtlarly noted hereon, but such regIstration may be discharged by regIstered trans- fer to bearer after which this revenue bond shall be again pay~ able to bearer. Each successive holder of this revenue bond during such time as it is payable to bearer, and each successive holder of the interest coupons hereto at- tached, is conclusively presumed to forego and renounce his and their equities in favor of subse- quent hoiders for value without noUce and to agree that this rev- enue bond whtle payable to bear- Adjourned Special interest on saId 8um from the date hereof at the rate of per cent (-%) per annum, pay- able January 1, 1965, and semi- annually thereafter on the first day, of July and January In each ye&r untll said principal sum is paId except as the provisions here\nafter set forth with respect to redemption prior to maturity may be and become applicable here_to, such interest as may ac- crue on and prior to the maturity ot this bond to be paId on presen- tation and surrender of the inter- est coupon8 hereto attached as they i1everally become due; both principal and interest being pay- able in lawfUl m.oney of the Untted State.f!l of AmerIca. At the office of the City Treasuter 1n and of the City of DubuqUe, Iowa. This bond is one of a series of bon d s numbered consecutively -from 1 to 260, inclusive, issued by said City pursuant to the provi- sions of Chapter 390 of the Code of Iowa, 1962, and all other laws amendatory thereof and supple- mental thereto, and in conformity with an ordinance of the CIty Council of said Ctty duly and fl- na.lly passed on the 20th day of May, 1964, and published as re- quired by law, for the purpose of defraying the cost at acquiring ad- ditional pUblic motor vehicle park- Ing facilities in and for saId City/ and ie not a general obligation 0 !laid City, but this bond and the series of which it forms a part, together with any additional bonds that may be issued and outstand- ing from time to time ranking on 8. parity therewith under the con- ditions and restrictions set forth In aaid ordinance, are payable as to bOth principal and interest solely and only out of future net revenues of the system Of public motor vehicle parking facilities a sufficient portion of which are re- quired by said ordinance to be de- poe:ited in a specIal fund designat- ed as the "Parkin.. Facillties Revenue Bonds Sinking Fund" and whIch are pledged for that pur. pos.. This bond is not a general obUcation of said City nor payable In any manner by taxation, nor ahaJl the City of Dubuque be In any manner liable by reason of said special fund beil1&' insufficient for the payment of this bond and the interest hereon. Said City- of Dubuque hereby .relerves the right and option to prepay and redeem bonda of thl' ialue numbered 33 to 1150, tnclu. sive, maturing on and after Janu- ary 1, 1972, from aT&tlable rev. enuel'! of the 8ystem prior to ma- turity in whole, or from time to time in part In Inverse order of maturity (lese than all of one ma- turity to be aelecteG by lot) on any interest payment date on or after January I, 1971 and 8&id City agrees that If \t exercises said right and option, in addition to par and accrued interest to the re- demption date, It will pay for this privHe&"e to the holders of the bond~ so to be prepa1d and re- deemed a redemption premium equal to three per cent (3%) of the Principal amount thereof If called for redemption on January ~! 1971, and if caned for redemp- uon thereafter, the amount of such premium to be so paid shall be reduced at the rate of 1.i of one per cent of the princIpal amount for each full year that the redemption date is subsequent to 176 179 ties Revenue Bonds Sinking Fund whenever necessary to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith, or shall be transferred and credited to the Bond Reserve Fund whenever any deficiency may exist in said Bond Reserve Fund, or otherwise may be trans- rerred to the Renewal and Im- provement Fund or used for any lawful corporate purpose. Section 10. All moneys held in the several separate funds cre- ated under the terms of this ordi- nance shall be deposited in banks and all such deposits which cause the aggregate deposits of said City in anyone bank to be in ex- cess of $10,000 shall be continu- ously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value, or may be invested in direct Obligations of the United States Government having a maturity date or being subject to redemption at the op- tion of the holder not more than five years from the date of the investment therein. Section 11. While the bonds authorized hereunder, or any of them, remain outstanding and Un- paid the rates for all services ren- dered by said public motor vehicle parking facilities system shan be reasonabie and just, taking into account and consideration the cost of maintaining and operating the same and one hundred fifty per cent of the amounts required an. nually for the retirement of all bonds and the accruing interest on all such bonds as may be out- standing under the provisions of this ordinance and bonds ranking on a parity therewith, and there shall be charged such rates and amounts as shall be adequate to meet the requirements of this and the preceding sections hereof. Said City agrees that so long as any of the bonds hereby authorIzed remain outstanding it will keep proper books of record and account, separate from aU other municipal records and ac- counts, showing complete and cor- rect entries of all transactions re_ lating to said pUblic motor vehicle parking facilities system, and that the holders of any of said bonds shall have the right at all reason- able times to inspect the system and all records, accounts and data of the City relating thereto. A sep- arate accounting of the amount of income and revenues from on- street parking facilities and the off-street parking facilities, and also of the amount of operation and maintenance expenses for said facilities, respectivelY. shall be kept and maintained. Said City further agrees that it will with- in sixty days following the close of each fiscal year of the City cause an audit to be made of the books and accounts pertinent to the system by an Independent certified pUblic accountant show- Ing the receipts and disbursements of said system with the comments of the auditor concerning whether the books and accounts are being kept in compliance with this ordiM nance and in accordance with rec- ognized accounting practices. All expenses incurred in making such audits shall be paid as an ex- pense of operation and mainten- ance of the l!lystem and a copy of ~ I 1964 Session, May 20, the principal of and interest on the bonds authorized to be issued under the terms of this ordinance and bondS ranking on a parity therewith whenever for any reason . the funds on deposit in the "Park- inS' Fs.ellities Revenue Bon d s Sinking Fund" are insufficient to pay such principal and interest when due, and shall also be used to make up any deficiencies In the amounts required to be set aside each month Into said Sinking Fund; provided, however, that all amounts at any time credited to said Reserve Fund in excess of the maximum amount of principal and interest falling due in any succeeding fiscal year for both principal of and interest on the then outstanding bonds issued pursuant to this ordinance and bonds ranking on a parity there- with shall be used to purchase any of said bonds then outstanding at not exceeding the then next appli- cable redemption price or shall be used to call and redeem such bonds as may be then subject to redemption prior to maturity. Section 8. There shall be and there is hereby created a special fund to be known and designated as the "Renewal and Improvement Fund" into which there shall be set apart and paid each month, commencing July I, 1964, from the balance of the net off-street park- ing revenues and net on-street parking revenues remaining after first making the required pay M ments into the Sinking Fund and the Bond Reserve Fund the sum of $2000 on the first day of each month of each year, or such higher amounts 8.S the City Council may fix from time to time. All moneys credited to said Renewal and Improvement Fund shall be used or accumulated to pay the cost of s.equiring additional park- ing facUlties, to pay architectural or engineering expenses, to pay the cost of acquiring additional meters or other improvements to the system, to create reserves for any of the foregoing, to pay rent on any property which may be leased for parking purposes as a part of the system or to pay any extraordinary cost of maintaining the parking system in an efflcien t operating condition, and the moneys on deposit in said Renewal and Improvement Fund shall be transferred and credited to the Parking Facilities Revenue Bonds Sinking Fund whenever necessary to. prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith or shall be transferred to the Bond Reserve Fund whenever any deficiency roay exist in said Fund. Any bal- ance in excess or $100,000 which may be accumulated in said Re- newal and Improvement Fund may be transferred to the surplUS Fund hereinafter created_ Section 9. There shall be and there is hereby created a spe- cial fund to be known and desig- nated as the "Surplus Fund" into which there shall be set apart and paid all of the net off-street and net on-street parking revenues remaining after first making the required payments into the Sink- ing Fund, the Bond Reserve Fund and the Renewal and Improvement Fund. All moneys credited to said SurplUS Fund shall be transterred and credited to the Parking Faclli~ Adjourned Special Adjourned Special Session, May 20, 1964 tion thereof as will be sufflcient to pay the interest on and princi- pal of the bonds hereby authorized and any additional bonds ranking on a parity therewith at the time outstanding as the same become due, and it is hereby determined, covenanted and agreed that the minimum amount to be so - set aside into said Sinking Fund dur. ing each month of each year shall be not less than as follows: A sum equal to oneMtenth (l/lOth) of the principal of aU bonds maturing on the Janu- ary 1 next succeeding plus a sum equal to one-fifth (1/5th) of the interest becoming due on the next succeeding inter- est payment date on all of the then outstanding bonds issued pursuant to this ordinance and bonds ranking on a parity therewith until there has been' accumuiated in such fund an amount equal to the full amount of the next succeeding principal payment and interest payment on said then out- standing bonds maturing in such year; provided, however. that no further payments need be made into said SinkiD&' Fund whenever and so long as such amount of the bonds shall have been retired that the amount then held in such fund (including the Bond ReM serve Fund hereinafter cre- ated) is sufficient to retire all such outstanding bonds and pay the entire amount of the interest that will have ac- crued at the time of such re- tirement. Such payments into said Sinking Fund shall be made in monthly installments on the first day of each month, except that when the first day of any month shall be a Sunday or a legal holiday then such payments shall be made on the next succeeding secular day. In the event the balance of un- allocated net off-street parking revenues and net on-street parking' revenues are inadequate to make any ODe or more requIred month- ly payments into the Sinking Fund the deficiency shall be made up and paid as aforesaid from the first available revenues thereafter received, and same shall be in ad- dition to payments otherwise pro- vided to be made in such succeed- ing month or months. Said Sinking Fund shall be used solely and only and is hereby pledged for the pur- pose of paying principal of and interest on the bondS herein au- thorized and any additional parity bonds hereinafter permitted to be issued. Section 7. There shall be and there is hereby created a special fund to be known and designated as the "Bond Reserve Fund" into which there shall be set apart and paid each month, commencing .July I, 1964, from the balance of the net off-street parking revenues and the net on-street parking revenues remaining after first making the required payments in- to the "Parking Facil1ties Revenue Bonds Sinking Fund" the sum of $1000 on the first day of each month in each year until such time as all of the bonds herein authorized and bonds ranking on a parity therewith have been paid in full as to both principal and in- terest or funds sufficient therefor have been set aside and pledKed for that purpose. All moneys credited to said Reserve Fund shall be used for the payment of 178 bursements of said proceedS for the cost of construction work and materials shall be made on orders of the City Council only as and when approved by the engineer ,supervising such construction. Any balance of the proceeds of saId bonds remaining after the comple- tion. of the construction of said additional parking facilities shall be deposited in the Renewal and Improvement Fund. Section 6. That upon the issu- ance of the bonds hereby author- ized and thereafter so long as any of said bonds or any additional bonds ranking on a parity there. with are outstanding the system of pUblic motor vehicle parking fa- cilities of said City, together with all future extensions and additions thereto, and consisting of both on.street parking meters and off- street parking facilities shall be oPi8rated as a revenue producing undertaking. The rates charged by said City for the use of and services furnished by said parking system shall be such reasonable rates as will be sufficIent to pay for the operation and maintenance thereof and to create and main- tain the Parking Facilities Reve- nue Bonds Sinking Fund and the Bond Reserve Fund in the amoun ts as hereinafter provided. From and after the issuance of the bonds hereby authorized the income and revenues from the off- street parking facilities of said system, including rentals from the lease of any property constituting a part of the system or air rights over any part of the system, shall be set asIde into a separate and speciai fund and shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operating said off-street parking facilities, and the balance thereof shall be classi- -fied as "net off_street parking revenues" and are hereinafter re- ferred to as such. In like manner from and after the issuance of said bonds the income and reve- nues from the on-street parking facUities of said system shall he set aside into a separate and spe- cial fund and shall be used and disbursed by the City Council to the _ extent necessary each month In maintaining and operating said on_street parking facilities and necessary traffic control expenses and may also be so used and dis- bursed, to the extent that funds are not available from other sources, for the purchase of ad- ditional on_street parking meters and factllties; provided, that the 'I.ggregate of aU such operation, maintenance and traffic control expenses and cost of additionai on.street parking meters and fa- cilities shall not in anyone month exceed twenty-five per cent of the income and revenues from such on-street parking fs.eilities of said system during that month, and the balance of said income and reve- nues from the on.street parking facilities shall be classified as "net on-street parking revenues" and are hereinafter referred to as such. There shall be and there is hereby created and there shall be maintained a special fund to be known as the "Parking Facilities Revenue Bonds Sinking Fund" (hereinafter sometimes referred to as the "Sinking Fund"), Into which there shall be set aside from the aggregate of the net off-street parking revenues and the net on- street parkIng revenues such por- .---,.~--~~,--- AeIjo......oo Sl"'i'cia~ Session, May 20, 1964 I 181 compun:r.ng tate acqutfllUon of' the. addtttona.l parking taciliti8@ as hereinbefore specifically identified whi:cho U\e- comtulting, 6t1gineer cer- ti~ 1ft< WIritittg. to be essential and- flJr tile. payment of' WOkh thwwe are no. oth-er funds avaimbl.. (lIt". (2) to refund any revenue- boMs Issued f~ aeco1lint of the ~ing S3tM:em, or ~3l to- pay the ~ost$l of f'tIrther additIons, exteNsIons or impr0Yements to the system wlth- ill saUl City; provided, that be- fore any such additional bondB ranking on a parity may be. so lsaued for SoUch additions. exten- s,[on/J- or improvements there sha.11 have b.een procured and filed with the. City Clerk: a statement by a certified public accountant not in the regular employ of the City on a mnnthh, ..<>1~~. "asts recittng the 0] >n neee-Mary In:v~st le aggregate Det ( llf revenll@8 8lJIrl, Il 11tiDg revel)_ Wt9 II; s ordiaance. adj\l8t come i:D Re- cordal In eff~t on the- U ~temeDt. for the fj diately. pre- ceding )t such ad- ditioh1 ~qual to at least maximum amour orne due in a.ny c: botb princi- pal a the boItdB then the bollds then I :sued in al;lY Oscal the 10nl'eBt matur e- the. Qut- staudi BOlUund any of the b lthorized or bonds arlty there_ with B }t to the re- stricti set forth in this BE Le bonds 1)&- iog re vlthin tbree month )1 $uch r$~ fundin (un<w are avarIaI ~ maturing bODds~ Uly r6fund_ Lng 00: pa,rity sb.a,11 oaly b to /laid re- stricti< wuUQI' the maxim n.d ioterut due in p~ and m- terest [lg refunded shall d principal and I retundinc bonds For this Qrdi- nance, hall be the calend: ,terest and prillc1p Lr)" 1 allaIl be COI IftS of the hnmed fiscal year. The in atea tor aU sucb l ahaIl be s.emian ary 1 and July 1 the prinei- pal ml additional bonds : I'Y 1 ot tb. year 11 It prfDoipa.1 is !rehE due. The addltio tm.a heNp in fetE mitted" to be 18s\l ~ of whloh Ie res1 itioned by this BE 'Understood to me, and pa.y~ able (H the bonds htu'Elin ~ri2ied, and shall n 0 include other C eurity and .source which I_ aubordi It to the Itrloritl' ~mentl!l In favor C in author~ ized to Seotll covenants and al Ig as any of th, authorl_ed ann' the establt8hment- as wen as any. subsequent revh'lion of the schedufe of charges for- tfti3 eeI"V- lees and f'aciUtiet'l to be' thereby afforcfed, An. annuaJ budget ot ex- pentreS or. apemUolt and main~ tenance of tbe system shan be Pi"lI!paI'ed by the City Council cov- ermg the anticipated monthly re~ quirements and" expenditures for sue-It- operation and maintenance dmRg' tire emIulng y-ear, Fixed an- n11&1< charges such as the cost af insamnce shall be set up and ac- cumtftR.1ed un a monthly basis. At least sixty days pri'Or to. the b&!finnfng of such Msuillg Nsca1 year a capy of such proposed an- nual budget shan be mailed to. aB'Y bondholder who. may have tbeftetalore reque8ted the same. If the- holder or holders of five per cent OF more of the aggregate princfpal amouRt of bonds then oustall'ding shan so. request at least thirty days prior to com- mencemeut 01 the fiscal year the City Council shall hold a public: hearing OJ! well. proposed annual bOOget, at which hearift8" any h{).lldholdell' and any ather pel'll@llil in mterest maT a.ppear and fHe written objections. It no. abjectlO1\s are filed ItS t:n thJ8 sectioo 1)er- rmtted. said City CQuncll may adept tile propased budl'et a8 t8$ annual b~t tor .!fUca succeediBg tilJCal yea.7, but if weh objeeticm,s are flied, said City Council shall ma-ke every effart to. satisfy same in adopting a revised fin.a1 budset. The total expenditures in a&y f_al year fnr tJilEl account of the off-street parking facili- ties' and the on-s.treet parking fa- eilities conaUtuiing parts of said Jnwlic motor vehicle parking Ca- cl-Htiea system shall not exceed the respective ite-ms as sbown by the annual budget far suck year unless specifically autharized by a tW&-thil"tls vote of said C i l Y Council. Section 14. That any heMer of said bonds. or any 01. the coupon.e, may either at law or in equity, by suit, aetlon, mandamus 01' other prGeeedings. enforce and col!npel pe:r1'ormanee by said City and !tit officers and agents of all duties Unposed or required by law or tbis ordinance iA CO-ntlectioa with the operation of said motor ve- I1.k:le parkiDK facilities, lDcludlng tlile making and collecting of suf- fieieBt rates and segregatian of the revenues and application thereof. Section 15, The bonda author- }sed to . be issued hereunder and from time to time autstanding _hall nat be entitled to. priarlty Ollie o-ver. the other in the applioa~ Uon Qf the S1nkbtM' Fund or the Bond Reserve Fund regardless of the time Or times of their Issu- ance, it being the Intention that there sh4111 be no priority among the bonds authorized to be issued under the provisions af this or- dinance. regardle38 of the tact that they may be actually Issued and delivered at different time.!!. While there is no default exist- ing In any of the provisions oJ this ordinance said City hereby reserves the right and priVilege of ISBuing additianal bonds from time to time payable from the in- came and revenues of said public motor vehicle tI&rkfng faclIiUe.ll system ranking on It parity with the bond.!! herein authorized in order to (1) pay the C08t.!'l, to an amount not exceedinA' $300-.000. of May 20, 1964 saev to 'be 'paid ,into ,the various funds ,as hereinbeforepPOYided. While the b(J1ld.s'8lUthODiJ'ied hareuntier, 'or 'Bn'Y'df them. tremain ontstandhlg and ,unpaid ,no 1Iree service 'shall 'be. ;afforded by '.a:aid p-lIbllcmbtor 'V6hiClle~tng -"fa- cilities ffY81le'm 'JYl'ovided, t'ba1 :.the City Council .ma:y, :by 1':esohrtion, authorize 'the 'Ulre <df ;a .deslgtutted portion ;olthe }>arklng 'fablliUes wit.hout charge, .provided: (n 'that fhe Council 'mustflrst aUlrmatkte- Iy determine that 'such ~usewiil not cause the aggI'egB:te 'net rev- -enues then -to. 'be fierived 'fram the bBJance o'f the 'system to be 1'8ti s than UiO%. of 'the 'amounts required to be 'paid into .the PEerkfng 'Fa- cilities Revenue 'Bonds Strlkmg Fund during the then next suc- ceeding 'fiscal year, and (2) 'If 'the facilities to. 'be operated without charge praducell O'Ver 15'% dt ',the gross reovenue.sof theenttre 1fYS- tern .in the then last preceding fiscal year, the 'finding 'by "the City 'Councll must 'be pi"edicated upon and supported by 'a certfti. cate 'executed 'by "11. reputable. In- 'depenDent .consuiting ,engln~.n- .'em- ployed :for the purpose of exam- tning the boalts and irecords }}eI'tf~ 'nent to. the system and ofcel"ti- tying to. "the amount of revenues whIch 'will be tierlved 'from 'the balance of 'the system. A'ny of the oft-atreetparking facilities :may 'be withdrawn ffromuse at any Ume 'for the 'purpose af erectfng mUl- tiple level parking structures, .gar- ages or other 'patlking faciltUes thereon which are 'to .be incorpor- ated in and made a part dt the public motor vehicle parking '''fa- cilities system of the City, 'but no such facilities may be "80 with- drawn unle~st'he 'City 'Cauncil Il'f- 'firmaUvely finds 'that the 'net 'rf!!'If- 'enues to. be derived .'from the 'op- eration 'of the ,remaJnller 'of the sy.stem, together with Interest aUr- ing the constructto.n 'dfthe ad- ditional . structure, 'will be' n'ot 'less thnD those required to be paid Into the severalsepa:tate funtls as hereinbefare provided during the period df construction. 'Said City agrees that it .will take no. action In relation to .lts public motar vehicle ,parking :fa- ellities which waurd unfavorably affect the security of -'the . bonOs herein authorized or bonds rarik- ing an a pal'ityther6withOr .the iprampt ;payment afthe ,principal .thereof and interest therean, :hut nathing in ,this .oroinance C a.n- tained . shall be .canstrued to.pra~ hibltapprapria:.te changes in 'the lo.cation of on-street parking 'fa- cilities made neceflsary by .stMliet widening, alteratians .or closillgs, nor prohIbit substitution or chang- es in the location of on-street parking meters,ln or(1er to prov1A:1e essential and necessary traffic regulatian and control. Section 13. ,Said City hereby covenants ,and agrees so long .as any bonds hereby authorized are outstanding to r.egularly retain from time .to "time 'and at least once every 'three :years ~the <.erv~ lees af some -engineer or -firmaf engineers of speclal1zed -reputatian in the management ,and ,operaU'on of motar 'vQhicle .parklng fa-clll- ties (hereinafter aomeUme.s r.e- ferred . to as the . "consulttng :en- gineer").for the purposeaf :con- suItation and coop.eration in con- nectian 'with the aperl:f.Uon .&D d maintenance of, its public .motor vehicle parking "facUlties ,By.8tem Sessi@D, eaCh such audit .shall -be 'promptly mailed to. thearigina.l purchasers fr.om the 'City rJ! :the bonds here- by authorized and to any otber bondhalder 'that maar have .Te- quested same _in writing. section 12. That 1JaidCfty here- by.covenanls and agrees with the hoider Or hoUters df the bonds heretna.utlio.rized 'to 'be issued., or any of them, that it will faitt1ful- ly and punctua:lly 'perform all duties with 'referenceto said pUb- lic motor 'Vehicle 'parking faci1l~ ties system required by the 'Con- stItution and laws. of the State af IoWa, and fhis ardtnance. 'in- Cluding-the 'making :andcallecting of 'reasonable andsuttfclent rates for services afforded thereby. and will segreRate 'the rl:!venues and 'make application thereaf in- tathe respective funds, as pro- vided hy this ardlnance. The City further cavenants, and agrees with the halders of said bonds to main- tain in good condition and con- tinu.ously and efficlenUyoperate sa:id .off-street ,and on-street facUi- ties ailQ to. -charge and coilect such rates and charges for services rendered thereby so that theag- gregate net revenues therefrom will be 1Juffiolent at ail times to ma~ the prescribed ,payments in- to. . the several special funds as herelnbe-fare ,pravided. The Cit.y further covenants and agrees that so long a'S any of the bonds autharized to be issuedun- del' the terms of this ordinance or bonde ranking on a parity -ther.eWlth are outstanding it wl1l ,not .sell, le-ase, loan,martgage or in any 'manner dispose of or 'en- "oumbersaid ,public motaI' vehicle parking faciliUesuntilalI of said bands ha.ve been ,paid in full as to both :principElJ and interest or unless and until full and sufficient provision ,'shall have been made for the payment thereof; 'provid- ed,however, the City may dlspoBe of any property constituting a .part of the municipal parking system which is found by resolu- tion of the City Council <to be no longer useful 0.1' profitable in ithe aperationof the system, but the prol!eeds 'of .any ,such : sale shall be oreditedta .the Renewal and ,lmpr.avernent Fund ,as an addftion- alcredit ,thereto. Nothing co n- tained in this ardinanceshall be construed to prevent "the City fr.om leasing to others or contract- ing with 'others for theaperation af any af the facilities, constitut- ,jng ,1i, part of .the parking 6ystem, to. ,the ,extent permitted by ,law. provid-edthe n.et revenues derived ,from any8uah leases orc on- tracts, incombinatian with all ather net revenues af the sys- fem,are ,found by the City Coun- cll to be not less thenthase re- Quir.eti -to. be ;paid . into. the 'vt:eriaus funds ~-s hereinbefore provided. NOthing 'cantalnedin this . ordi- nance 'shall' be . construed to pre- ,vent the ,City from :disposlng by 'l-ease, or .as may be .permitted by law, of the air' rIghts above any Gf:the aff-..street parking facilities constituting a part .of the system, provided that the revenues from "lhy ~such leafle .shall be .treated ,as <;L "part of the income and reven- '0:00 ,tram the off~Btreet :parking faciilUeosof .thesyst-emand'&1aIl be used and applied as provided ill this ordinance, but no -such 'wase may result'in a.reductIan.of .theawgregate net revenues of the ~ystem -b'elow the amaunts neces- Adljoumed Special :t80 183 Yeas - Mayor Horgan, Council men Kean, Ludwig, Takos. Nays-Councilman pfohl. RESOLUTION NO. 120064 Resolution directing the .dv..... tisement ond ..Ie of $1.250.000 P. r kin 9 FacilitiH Revenue Bonds of the City of Dubuque, Iowa. WHEREAS pursuant to proper proceedings the City of Dubuque, in DUbuque County, Iowa, has heretofore determined It to be ad. visable and necessary to add to, ex~ tend and improve its system of motor vehicle parking facilities by acquiring the real estate not now owned by the City in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City and constructing in said hlock a multi. level. reinforced concrete motor vehicle parking structure; and WHEREAS said City contem. plates the issuance of $1,2l1O,000 Parking Facilities Revenue Bonds for the purpose of paying the cost of acquiring said facilities and it is necessary and for the best interests of said City that said bonds be offered for sale at this time; NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Parking Facili. ties Revenue Bonds of said City in the amount of $1,250,000 be of. fered for sale pursuant to adver- tlaement, said bonds to be num bered from 1 to 250, inclusive, in the denomination of $5000 each, to be dated June 1, 1964, with in. terest payable Janutary 1, 1965, and semiannually thereafter, and to mature serially and in numeri- cal order on January 1 of each of the respective years as follows: Year Amount Year Amount 1966 $25,000 1981 $45,000 1967 25,000 1982 45,000 1968 25,000 1983 45,000 1969 25,000 1984 50,000 1970 25,000 1985 50,000 1971 30,000 1966 50,000 1972 30,000 1987 55,000 1973 30,000 1988 55,000 1974 30,000 1989 60,000 1975 35,000 1990 60,000 1976 35,000 1991 65,000 1977 35,000 1992 85,000 1978 40,000 1993 65,000 1979 40,000 1994 70,000 1980 40,000 but with the right reserved to Session, May 20, 1964 1t. -5/22 Councilman Takas moved the adoption of the Ordinance. Sec. onded by Councilmau Ludwig. Car. ried by the following vote: Special journment thereot and held tn accordance with the provIsions of this section, but only by a resolu- tion duly adopted by the affirm- a.tive vote, In person or by proxy, of the holders (or persons enti- tiled to vote the same) of sixty per cent or more In aggregate principal amount of the revenue bonds entitled to be represented at Buch meeting; provided, how- ever, that no Buch modifications, alterations or amendments shall be made which wlll (a) pennit an extension of the time of pay- ment at maturity of the principal of or payment of the Interest on any revenue bond, or a reduction in the amount of principal or the rate of Interest thereon without written consent of the holder thereof, or (b) reduce the per- centages of holders of revenue bonds required by the prOVisions of this section for the taking of any action under this section. A record of the proceedings of each such meeting prepared and certified by the Secretary of the meeting and having attached thereto an original counterpart of the report of the inspectors of votes and affidavits of maUing and publication of the notice of the meeting shall be filed with the City Clerk, and thereupon without further action the proposed modifi- cations, alterations and amend- ments, as aforesaid, shall become effective, but otherwise shall be nuIl and void. Section 18. If any section, para.. graph, cla.use or provision of this ordinance shall be held invalid the invalidity of such section, paragraph, clause or provision, shall Dot effect any of the remaIn. ing provisions of this ordinance. Section 19. All ordinances, reso- lutions and orders, or parts there- of in conflict with the provisIons of this ordinance are, to the ex- tent of such conOict, hereby re- pealed. Section 20. That this ordinance shall be in full force and effect immediately upon its adoption, approval and publieation as pro- vided by law. Adopted this 20th day May, 1964, by the City Council of the City of Dubuque, Iowa. ROBERT J. HORGAN Mayor RICHARD LUDWIG PETER J. TAKaS JAMES J. KEAN Couneilmen Attest: LEO F. FROMMELT City Clerk Presented by the undersigned to t.tle Mayor of said City for hbl signature and approved this 20th day of May, 1964. LEO F. FROMMELT, City Clerk Approved May 20, 1964. ROBERT J. HORGAN, Mayor Attest: LEO F. FROMMELT, City Clerk Published officially in The Tele- graph~Herald Newspaper this 22nd day of May 1964. LEO F. FROMMELT City Clerk Adjourned Adjourned Special Session, May 20, 1964 time and place of the meeting and in general terms the matters to be submitted thereat shall be giv- en to the holders of the revenue bonds in the following manner: (a) Kot less than fifteen days prior to the date set for the meeting a eopy of the notiee shall be mailed to eaeh of the holders of revenue bonds regis- tered as to principal at the ad- dress appearing on the registra- tion books and also to the origInal purchaser or pur. chasers of the revenue bonds; (b) Notice of such meeting shall also be pUblished in at least two issues of (1) a. news- paper or financial journal of general circulation published in the City of Chicago, Illinois, and (2) a newspaper of general cir- eulation published in the City of Dubuque, Iowa; the first of each such pUblications to be made not less than fifteen (Hi) days prior to the date set for the meeting and the second of such pUblications to be made not less than Beven (7) days nor more than ten (lO) days prior to the date set for such meet- tng. At such meeting there shall be submitted to the holders of the revenue bonds for their approval the ordinance theretofore adopted proposing the modification, altera- tion or amendment. All holders of revenue bonds for account of the public motor vehi- cle parking facilities system of the City outstanding at the time of such meeting and secured by the Sinking Fund hereinbefore created shall be entitled to vote thereat and attenda.nce at such meeting may be in person or by proxy. Each person seeking to at- tend or vote at any such meeting must, tt required, produce such proof of ownership of revenue bonds or of personal identity as shall be satisfactory to the in- spectors of votes. Each proxy shall be signed by the holder of revenue bonds or by his duly au- thorized attorney, shall identify the revenue bonds represented thereby, and shall be witnessed, and its genuineness, if questioned shall be established to the satis~ faction of the inspectors of vot6l'l; The holders of revenue bonds and the holders of proxies present shall, by a majority vote, irrespec- tive of the amount of revenue bonds represented by them, select two persons from those present to act as inspectors of votes, who shall eount all votes cast at such meeting and who shall make and file with the Secretary of the meeting their verified written re. port in duplicate of all such votes so cast at said meeting. The holders (or persons entitled to vote the same) of not les8 than seventy-five per cent in prineipal amount of the revenue bonds en- titled to be voted at any Bueh meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the . transaction of business, less than a quorum, however, having power to. adjourn. Any such modifications altera- tions or amendments of this ordi- nance, or of any rights and obliga- tions of the City, or of the hold- ers of the revenue bonds in any particular, may be approved at such meeting or at a due ad- 182 are outstanding it will not es- tablish other pUblie motor vehl- cie parking facilities within the City unless such additional faeUi- ties a.re included and constitute a part of the public motor vehicle parking facilities system a.s con- templated by this ordinance and are operated on a revenue pro- ducing and self_liquidating basis, so that the net revenues from such additional facilities win be availabie for payment into the Sinking Fund as herein provided. The City covenants and agrees upon completion of the parking structure as hereinbefore referred to and upon completion subse- quently of any other structural parking faciUties constituting any part of the system that it will procure and carry to the extent available fire and extended cov- erage and vandalism and malicious mlschief insurance on each Bueh structure in an amount equal to at least eighty per cent of the in- surable value thereof, and also will procure and carry to the ex- tent available use and occupancy or business interruption insuranee on such structurai parking facili- ties in an amount sufficient to pay eighty per cent of the esti- mated net revenues therefrom for a. period of one year. The proceedS of insurance received from loss or damage to the struc- tural parking facilities shall be used to replace or repair the property lost or damaged, and the proceeds of use and occupancy or business interruption insurance shall be classified and treated as net off-street parking revenues. The City further covenants and agrees to carry pUblic liability and property damage insurance in the operation of the publiC motor ve- hicle parking facilities system in amounts not less than those rec- ommended from time to time by a consulting engineer employed for that purpose. The costs of all the foregoing insurance shall be classi- fied and paid as an expense of operation and maintenance. Section 17. The provisions of this ordinance shall constitute a contract between the City of Du- buque and the holders of the bonds herein authorized to be is- sued, and after the issuance of any of the bonds no change, vari- ation, or alteration of any kind of the provisions of this ordinance may be made in any manner ex- cept as hereinafter in this sec- tion provided until such time as all of said bonds issued hereun- der and the inter:::st thereon have been paid in full. In the event that it shall appear desirable and to the advantage of both the City and the holders of the revenue. bonds the City may pro- pose modifications, alterations and amendments of this ordinance in the following manner: The City Council shall adopt an ordinanee modifying, . altering or amending this ordinance, but providing therein that said ordinance shall not become effective unless and until it has had the approval of the holders of the revenue bonds as hereinafter set out. Immedi. ately upon adoption of said ordi. oance the City Council shall set a time and place for and call a meeting of the holders of the revenue bonds, which place so designated shall be tn the City of Dubuque, Iowa. Notice of the :lS5 ,..mp, .OO\\llQll ,""' ~ bond. No coupon rate shall exce~d fiNe }lef ,_t~5%~ per ,ann\lm. 1l'bll ,hc>nds will be ,awardacl to the .bast bidder detemoiPllcl 'l\PQIl ,\be basis of the Io.west U>tal interest cost at the late jl1' 'natesdesjgnated <in Als bid ~lUIl .June :1, :1964, '10 .thepes~' w.e ,maturity datas after c1edllc'ing any premium. 'Said bonds are expected -to be delivered -within thirty (30) days after the sale at any mutually tagreeable -bank ,or trust .company .in the ;City of :Chicago. Dlinois, without npense 'to 1:he purchaser. Should delivery be ,delayed beyond sixty days from date lof <sale tfor any reason .except failure of.per~ tiomnanoe :by ..the .purChaser, -the City may cancel the award (or the JPurchaser ,may .withdraw ;his icheck, .and ,t\Iel1eaUer his .intllrest in and liability for the bonds will _. The City Council reserves the right to waive informalities in any .bid, to .peje(!(any .or all bids and to determine in its 'sole discretion the best bid. The City had au- thorized the preparation of an Of- ficial statement containing perti- nent .infounation .relative .to .the City and tbe parkillg system. For copies of that Statement or for .any -additional .information, any prospective purchaser is referred to the undersigned at City Hall, DUbuque, Iowa, or the Municipal Finance Consultants of the City, Paul D. Speer & Associates, _\Inc., 33 South Clark street, Chicago, Ii ~ The City will furnish at its ex. 'pense thepriuted bonds and the approving opinion at 'Messr:;. Chap- man and Cutler, Attorneys, ~Chi- cagq,UliDQis, together with the transcript and the usual closing p~pers, including a curr~nt ;noo- :litigation certificate. 'Each 'bitlder must furniSh a certified ch~ or cash~er~ cheCk, drawn .on a ,sol- 'vent 'bank or -trust compaQY .for .$25,000 .payable to the order of the .City 'J:[easurer 01 tbe ,City .of Dubuque, Iowa, as ,,guarap-tee of good .faitb, which sum shli11 be agreed 'liquidated damages to be fo1'feited to the City by the sue. cessful bidder should he fail to take up and pay for ,the .bonds when ready in accordance with 'his bid, which must be reduced to writing on the Official Bid .;Furn>. 1\l64 A~oumed :Special Sessio.n, ,May 20, Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify the interest rate or rates in a multiple of one.quarter or one-tenth of one per cent, pro- vided that ouly one rate shall be specified for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned interest rate will not constitute an additional interest rate. Each installment of interest will be represented by a 1976 35,000 1991 1977 35,000 1992 1978 40,000 1993 1979 40,000 1994 1930 40,000 but the right is reserved to the city to call and redeem the bonds prior to maturity in whole, or from time to time in part in inverse or- der of maturity, and within a ma- turity by lot, from revenues only on any interest payment date on or after January 1, 1971 at par and accrued interest plus a pre- mium equal to 3% of the princi- pal amount of any such bond if called on January I, 1971, and re- ducing Y4 of one per cent for each full year that redemption is sub- sequent to January I, 1971. Bonds maturing on and after January 1, 1976, may also be called and re- deemed from any funds, in whole, on any date on or after January 1, 1975, at par and accrued interest plus a premium of 4% if called on or prior to December 31, 1978; 3% if called thereafter and on or prior to December 31, 1982; 2% if called thereafter and on or prior to December 31, 1986; 1% if called thereafter and on or prior to December 31, 1990; and at par and accrued interest if called there- after and prior to maturity. These bonds are not general ob- ligation bonds nor payable in any manner by taxation but are pay- able only from the future net earn- ings of the system of public motor vehicle parking facilities of the City of Dubuque, The proceedings authorizing the issuance of these bonds permit the future issue of additional bonds ranking on a par- ity therewith, under reasonable conditions and restrictions. Bonds will be payable at the Office of the City Treasurer, City Hall, Dubuque, Iowa. 65,000 65,000 65,000 70,000 sessitm, May ~, a meetlng to be 1l.eld at 11:00 o'cl...k A.M., ee..fi'al Slanciard Time, on June 8th,. 1964. Siedi_ 3. That tbe City Clerk is further authorized to prepare such circu\alrs for fw:tller adv.... ti""",ent as may be deemed advis- able, in order to afford due pub- licity to the sale of said bonds. Section 4. That all reseJutions or parts of resolutions in eonflict herewith be and the same are hereby repealed. Passed and appTovcd May 20, 1964. Attest: Leo F. Fronunelt City Clerk NOTICE OF SALE $1,258,000 PARKING FACILITIES REVIlNUE IIONDS CITY OF DUBUQUE, IOWA se.led bids will be received un. til 11,00 A.M., Central Standard Time (12:00 o'clock Noon, Central Daylight Saving Time}, on the 8th day of June, 1964, at the office of the City Clerk, in the City Hall, Dubuque, Iowa, for the purchase of $1,250,000 parking Facilities Revenue B<>nds of the City 01 Du. buqne, Iowa, at which time such bids will be referred to the City council of said City at its meeting to be then beld at the Council Chambers in the City Hall in said City. Open bidding will be con- cluded within one hour of said time and after the best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the high. est bidder for cash. Scaled bids will be fully protected. Said bonds will be dated June 1, 1964, bear interest payable Janu- ary 1, 1965, and semianually there- after on the first days of July and January in each year, and mature serially on January of each of the respective years as follows: Year Amount Year Amount 1966 $25,000 1981 $45,000 1967 25,000 1982 45,000 1968 25,000 1983 45,000 1969 25,000 1984 50,000 1970 25,000 1985 50,000 1971 30,000 1986 50,000 1972 30,000 1987 55,000 1973 30,000 1988 55,000 1974 30,000 1989 80,000 1975 . 35,000 1990 80,000 19M Robert J. Horgan Mayor Adiounred S'pecyl Ute- City to. eall an'd redeem the bonds maturlng ill tin; yeaTS 1ll72' to 1994, inclastve, ftIlm available reveml.($' df tfre system prior to 1IUltu11t:Y h1 wflofi!, or from time to ti_ ht part In tlle inverse order of tIll!i't. iDatnr\ty (less fl1an all of a single tttatDl'it1 to be serected by lot) on any interest payment date on at alter J= 1, 1971, on te1'lWlt of' pitt' :IIId acorued interest pl'llS a prepayJ1letlt redet1iptton prC- iitltIm ot tlIree per cent (3%) of thc pritlclpa1 amount of any of stteh bonds tf' caned for prepay. m<mt and reden1ption on JaII1lary 1, 1rIl, and if caned for redemp- tion thereafter, the amount at such premiUm to be So paid shall be r'ednced at the rate of 'I. of one pel' cent o{ the principal arnouut for each full year that the re- dempflon date Is sttbseql1etlt to JllilUMY 1, 1971, and with the rlgl!t l!l<I<J re$et\'ed to the City to calI and t<!deem the bollds mator- itt<< in fl1t! 1e""s 1!J711 to 1994, in- clu~ive, from II'" funds tegttdless of _r... prt<lr 10 maturity in whole on any dMe on or after January 1, 19'7ll, on termS of par and accrued lll.tAlrest pins a pre- paYniIllt redemption P r "m i n m equal to four per cent (4%) of the princiPal uno1lI1t of aIily of sUCh banda if called for reolemption on or prior to December 31, 1978; three per cent (3%) of the princi- JIIll amdUlIt ttmreOf if called for redemptiOn thertaftet and on or pL'i<>t te DllteriW>er :U, 1982; two per cent (Z%) of the principal ..-ant thereOf if called for re- demptien tbeteafter and on or prior to December 31, 1988; ene per cent (1 %) of the principal ammon tltereof if caJ1e<l for re- domptitm thereafter ond on or pfillt te D_mber 31, 1990; and 1IJlOtI terms of par olld accrued in. tenlll withOut premilttll if called far redemption thereafter and prior to maturity. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sa1~ of said bonds for two or mote successive weeks and on the same day Of each week in the '''l1elegraph. Hetald," a newspaper published and Of general circulation in Du- bUlIUe County, Iowa, such notice to state that bids wilJ be received and acted upon by thiS Council at 184 I 187 At the intersection of Dodge and Grandview, I recommend the re- moval of two 10,000 lumen incan- descent lights and the installation of four 400 watt rner-cury vapor lights. Although the number of street lights will be fourteen less than presently in operation, the new installation will produce four times as much illumination. Also, it is recommended that two new 400 watt mercury vapor lights be added between Blnff Street and Bissell Lane. I think you would like to know that a lighting design has been made for the bridge approach and forwarded to the Iowa State High- way Commission for their consid- eration. Respectfully submitted, GILBERT D. CHA VENELLE City Manager Mayor Horgan moved the ap- proval of the recommendations. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council- men Keao, Ludwig, Pfohl, Takas. Nays-None. 1964 To the Honorable 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 for filing, sub- ject to the approval of the City Solicitor. No. Ins. BLASTING LaCrosse Dredging Corp., Policy No. CGL 52922-D, American Mutual Liability Ins. Co. LaCrosse Dredging Corp" POlicy No. WC 554774-D, American Mutual Liability Ins. Co. Respectfully submitted, GILBERT D. CHAVENELLE City Manager SIDEWALK Hawkeye-Secur. Transamerica Mutual PUBLIC LIABILITY Policy States May 29, Mayor Clarence Grutz, ity Ins. Co. Raymond Trumm, Insurance Group Vern Simon, Merchants Bonding Co. Anton Zwack, Inc., CL 637.203, American Co. 1964 1, June Session, CITY COUNCIL OFFICIAL Regular Session, June 1, 1964. Council met at 7 :30 P.M. Cen- tral Standard Time (8:30 P.M. D.S.T.) Present - Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Takas. City Manager Gilbcrt D. Chave- nelle. Mayor Horgan read the call and stated that service thereof had been duly made and this is the regular monthly meeting called for the purpose of acting upon such matters as may properly come be- fore the meeting. 1964 To the Honorable and City Council Gentlemen: The petition of Zephyr Alumi- num Products requesting permis- sion to install Marquees at 1107, 1127 and 1135 Main Street and at 455-457 Central Avenue has been reviewed. It is recommended that permis- sion be granted. This will add two more improvements to our down- town area. Respectfully, GILBERT D. CHAVENELLE City Manager DONALD J. BANDY Building Commissioner Mayor Horgan moved that the recommendation be approved. Sec- onded by Councilman Kean. Car- ried by the fOllowing vote: Yeas-Mayor Horgan, C men Kean, Ludwig, Pfohl, Nays-None. ouncil- Takas. 1964 To the Honorable and City Council Gentlemen: The entire electric power line structure along Dodge Street is to be rebuilt from Bluff Street to and including the Grandview A venue intersection. The new con- struction will have less line poles and will clean up the appearance of the present installation. Concurrent with this new con- struction, I recommend the remov- al of fifty-four 6000 lumen incan- descent street lights and the installation of thirty-eight 400 watt mercury vapor lights between Bluff Street and Grandview Avenue. May 25, Mayor May 27, Mayor Regular May 20, 1964 Session, 964. 964. lllinois 60603. Telephone: cial &0858. By order of the City Council this 20th day of May, 1694. Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yets - Mayor Horgan, Council- men Kean, Ludwig, Takas. Nay-Councilman pfohl. Councilman Takos moved that the certified cbeck of the fourth bidder be returned. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council~ men Kean, Ludwig, pfohl, Takoa. Nays-None. Councilman Takas. moved that all three checks of the bidders he returned within 48 hours upon ex- ecution of contract by the success- ful bidder. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. There being no further business Councilman Takas moved to ad- journ. Seconded by Councilman' Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas Nays-None. Leo F. Finan- City Clerk Adjourned Special Frommelt City Clerk ...........................-. Councilmen Approved Attest: Adopted 186