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1957 February Council Proceedings54 Regular Session, January 7th, 1957 John C. Neumeister, 729 Lincoln Avenue. Passed, adopted and approved this 7th day of January, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO.16.57 WHEREAS, heretofore applica• tions for Beer Permits were filed by the within named applicants and they have received the approv- al of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap• plicants a Beer Permit. CLASS "B" PERMIT Name Address John P. Mihalakis, 649 East 16th Street. Leo R. Bonz, 3165 Central Ave- nue. Henry C. Torrey, 400 Iowa Street. Virgil Garner, 1643 Central Ave- nue. Charles T. and Elsie R. Snyder, 543 Eighth Avenue. Mrs. June M, Noel, 2400 Central Avenue. Lester A. Foell, 2093 Washington 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 7th day of January, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Welu moved to ad• journ. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. LEO F. FROMMELT City Clerk Approved ....................................1957. Adopted ......................................1957. Councilmen : .................................... Attest .............................................. City Clerk CLASS "C" PERMIT Laverne Felderman, 1889 Jack- son Street, Dona 1 d E. Wertz, 1545 So. Grandview Avenue. Alois J. Ender, 534 Rhomberg Avenue. John C. Neumeister, 729 Lincoln Avenue. Regular Session, February 4, 1957 ~5 (IiY COUNCIL (OFFICIAL) Regular Session, February 4, 1957. Council met at 7:30 P.M. Present-Mayor Dove, Council- men Kintzinger, Kalb, Schueller, Welu, City Manager Schiltz. Mayor Dove stated that this is the regular monthly meeting of the City Council for the purpose of act- . ing upon such business as may propeily come before the meeting. Proof of publication, certified to by the Publisher, of Notice of Meeting for the issuance of Water Revenue Bonds, Series 1956, pre- sented and read. Councilman kolb moved that the proof of publica- tion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following vote:. Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Sale of $330,000 Water Revenue Bonds, Series 1956, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kolb, Schueller, Welu. Nays-None. No written objections were filed and no objectors present in the Council Chamber at the time set for public hearing, No oral bids were received. The following sealed bids were opened and read for the purchase of $330,000 Water Revenue Bonds, Series 1956; William Blair & Com- pany, Rate 3a/a%, plus a premium of $1023.00, The White Phillips Co. Inc. Rate 3~S%, plus a premium of $726.00, Becker & Cownie, Carle- ton D. Beh Co., Vieth, Duncan & Wood, Rate 3~Z%, plus a premium of $327,50. RESOLUTION NO. 17.51 Resohttion Providing for the sale and award of $330,000 Water Re- venue Bonds, Series 1956, and ap- proving and authorizing the agree- ment of such sale and award. Wheras notice of sale of Water Revenue Bands, Series 1956, of the City of Dubuque, Dubuque County, °~ Iowa, in the amount of $330,000 has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive .weeks in at least one newspaper located in Dubuque County; and Whereas all sealed bids were re- ceived and placed on file, after which open bids were called for and received as follows: NONE RECEIVED-and thereaf- ter such sealed bids were opened, the substance of the best sealed bid being as follows: William Blair & Company, Chicago, Ill, Interest Rate 3~a%-Plus Premium of $1023.00. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises, it is hereby determined that the bid of William Blair & Company for the purchase of said Water Revenue Bonds, Ser- ies 1956, as advertised, upon terms of par and accrued interest plus a premium of $1023.00 is the highest and best bid received and that said bonds, bearing interest at the rate of Three and Three Eighths per cent (3a/a%) per annum, be and the same are hereby awarded to said William Blair & Company. Section 2. That the form of agree- ment of sale of said bonds to William Blair & Company be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa and to af- fix the corporate seal of said City thereto. Section 3, That all resolution or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved February 4th, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt City Clerk Recorded February 5th, 1957. LEO F. FROMMELT City Clerk (CITY SEAL) '~~,1 r', 56 Regular Session, February 4, 1957 Councilman Charles A, Kintzin- ger moved that said resolution be adopted; seconded by Councilman Leo N. Schueller. The Mayor put the question on the motion and, the roll being called, the following named Councilmen voted: Aye- Mayor Charles E. Dove, Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nay-None. Whereupon the Mayor declared the motion duly carried and said resolution duly adapted. RESOLUTION N0. 18.57 A resolution authorizing and pro- viding for the issuance and secur- ing the payment of $330,000 Water Revenue Bands, Series 1956, of the City of Dubuque, Iowa, under the provisions of Sections 397.10 et seq. of the Code of Iowa, for the pur- pose of defraying the cost of im- provements and extensions to the municipal waterworks in and for said City and providing for the collection, segregation and distri- bution of the revenues of such municipal waterworks. Whereas the City of Dubuque, in Dubuque County, Iowa, did hereto- fore establish a municipal water- works in and for said City which has been continuously operated by said City for many years, and the management and control of said utility is vested in the City Coun- cil of said City and no board of trustees exists for this purpose; and Whereas pursuant to a resolution finally adopted by the City Coun- cil of said City on May 14, 1952, there have been heretofore issued Water Revenue Bonds, 1952 Series of said City to the amount of $200,- 000, of which bands in the amount of $100,000 are now outstanding, dated April 1, 1952, bearing inter- est at the rate of Two and one-half per cent (2'/z%) per annum and maturing $50,000 on December 1 of each of the years 1957 and 1958, and pursuant to a resolution fi- nally adopted by the City Council of said City on April 7, 1955, there have been heretofore issued Water Revenue Bonds, 1955 Series, of said City to the amount of $1,- 500,000, all of which are now out- standing, dated May 1, 1955, bear- ing interest at the rate of Two and three-eighths per cent (2~S%) per annum and maturing serially on December 1 of each of the years 1959 to 1974, inclusive, and in and by said resolutions the right was reserved to the City to from time to time authorize, issue and deliver under specified conditions addition- al water revenue bonds ranking on a parity with the bonds thereby authorized; and Whereas this Council has hereto- fore determined it advisable and necessary that the City of Du- buque, Iowa, improve and extend the municipal waterworks, the esti- mated cost of which improvements and extensions aggregates $330,- 000, and under the provisions of Sections 397.10 et seq. of Chap- ter 397 of the Code of Iowa, said City is authorized to issue negoti- able interest bearing revenue bonds for the purpose of defraying the cost of such improvements and ex- tensions, which bonds are to be paid from the net earnings of such waterworks and secured by a pledge of the property to be ac- quired with the proceeds from the sale thereof; and Whereas it is deemed advisable that there be authorized to be is- sued at this time additional water- works revenue bonds of said City, as hereinafter provided, so that such additional bonds will rank on a parity with the bonds now out- standing and a notice of the in- tention of this council to take ac- tion for the issuance of said addi- tional $330,000 Water Revenue Bonds, Series 1956, of said City has heretofore been duly published and no petition setting forth objections to such proposed action has been filed in the office of the City Clerk; Now, therefore, Be It and It Is Hereby Resolved by the City Coun• cil of the City of Dubuque, Iowa, as follows: Section 1. That for the purpose of defraying the cost of improve- ments and extensions to the mu- nicipal waterworks as referred to in the preamble hereof there be and there are hereby authorized to be issued the negotiable inter• est bearing revenue bonds of said City of Dubuque, in the principal amount of $330,000, each of which shalt be known and designated as a "Water Revenue Bonds, Series Regular Session, February 4, 1957 57 1956, bearing date of December 1, 1956, of the denomination of $1000 each, and bearing interest at the rate of Three and Three Eighths per cent (3~e per cent) per annum, payable semiannually on the first days of June and December of each year from the date of said bonds until the principal is paid, except as the provisions hereinaft- er set forth with respect to prior redemption may be and become applicable. Said bonds shall be numbered consecutively from 1 to 330, inclusive, and shall mature in numerical order $10,000 on Decem- ber 1 of each of the year 1960 to 1962, inclusive, $15,000 an Decem- ber 1 of each of the years 1963 to 1966, inclusive, and $30,000 on December 1 of each of the years 1967 to 1974, inclusive; provided, however, that bonds numbered 76 to 330, inclusive, shall be redeem- able by said City prior to matur- ity in whole, or from time to time in part in the inverse order of their numbering, on December 1, 1965, or on any interest pay- ment date thereafter, upon terms of par and accrued interest to the redemption date. Notice of any such redemption as aforesaid, identifying the bond or bonds to be redeemed, shall be published at least once not less than thirty (30) days prior to such redemption date in a newspaper of general circula- tion throughout the State of Iowa. All of such bonds as to which said City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the re- demption of which funds are duly provided, shall cease to bear in- terest on the redemption date. Both principal and interest of said bonds shall be payable in law- ful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. All of said bonds and the interest thereon shall rank on a parity with the presently out- standing Water Revenue Bonds, 1952 Series, and Water Revenue Bonds, 1955 Series, referred to in the preamble hereof and with any additional bonds which may here- after be issued and outstanding from time to time on a parity therewith and all of such bonds shall be payable solely from the bond and interest redemption sink- ing fund hereinafter referred to and shall be a valid claim of the holder thereof only against s a i d fund, and none of said bonds shall be a general obligation of said City nor payable in any manner by taxation, and under no circum- stances shall said City be in any manner liable by reason of the fail- ure of the net earnings of the mu- nicipal waterworks to be sufficient for the payment in whole or in part of said bonds and interest thereon, but said bonds, together with the presently outstanding bonds referred to in the preamble hereof and such additional bonds as may be hereafter issued on a parity therewith, shall be payable, both as to principal and interest, solely and only from the future net earnings of said waterworks pledg- ed therefor as hereinafter provid- ed. Section 2. That said bands and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE WATER REVENUE BOND SERIES 1956 Number - $1000 The City of Dubuque, in t h e County of Dubuque, and State of Iowa, for value received promises to pay to bearer, in the manner hereinafter specified, the sum of One Thousand Dollars ($1000) on the first day of December, 19-, with interest on said sum from the date hereof at the rate of Three and Three Eighths per cent (3z/s per cent) per annum, payable semiannually on the first days of June and December in each year until said principal sum is paid, except as the provisions herein- after set forth with respect to re- demption may be and become ap- plicable hereto, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of t h e interest coupons hereto attached as they severally become due; both principal and interest being payable in lawful money of t h e United States of America at the 58 Regular Session, February 4, 1957 office of the City Treasurer in and of the City of Dubuque, Iowa. This bond and the series of which it is a part are issued by said City pursuant to and in strict compliance with the provisions of Sections 397.10 et seq. of Chapter 397 of the Code of Iowa, 1954, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the City Council of said City duly passed on the 4th day of February 1957. This bond is one of a series of bonds of like tenor and date (ex- cept maturity), numbered from 1 to 330, inclusive, issued for t h e purpose of defraying the cost of improving and extending the mu- nicipal waterworks in and far said City and is not a general obliga- tion of said City, but this bond and the series of which it forms a part, together with other bonds heretofore issued and outstanding and any additional bands as may be hereafter issued and outstand- ing from time to time ranking on a parity therewith under the con- ditions set forth in the resolution authorizing said series as referred to in the preceding paragraph, are payable solely and only out of the future net earnings of said mu- nicipal waterworks, a sufficient portion of which is pledged for that purpose; and said improve- ments and extensions acquired from the proceeds of this series of bonds are pledged to the payment of this bond and the series of whict? it is a part. This bond is not payable in any manner by taxation and under no circum- stances shall the City of Dubuque be in any manner liable by reason of the failure of the said net earn- ings to be sufficient for the pay- ment of this bond and the interest hereon. The City of Dubuque reserves the right to call and redeem bonds of this issue numbered 76 to 330, inclusive, prior to maturity in whole, or from time to time in part in the inverse order of their numbering, on December 1, 1965, or in any interest payment date thereafter, upon terms of par and accrued interest to such redemp- tion date. Notice of aay such re- demption as aforesaid, identifying the bond or bonds to be redeem- ed, shall be published at least once not less than thirty (30) days prior to such redemption date in a newspaper of general circulation throughout the State of Iowa. All of such bonds as to which said City reserves and exercises t h e right of redemption and as to which notice as aforesaid shall Gave been given and for the re- demption of which funds are duly provided, shall cease to bear in- terest on the redemption date. And it is hereby certified, recit- ed and declared that all acts, con- ditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part have existed, have happened and have been per- formed in due time, form and rrian- ner, as required by law, and that the issuance of this band does not exceed or violate any constitution- al or statutory limitation or pro- vision. In Testimony Whereof, said City of Dubuque, by its City Council, has caused this bond to be sign- ed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons here- to attached to be executed with the facsimile signature of the City Clerk, which official by the execu- tion of this bond does adopt as and for his own proper signature h i s facsimile signature appearing on said coupons, this first day of December, 1956. Mayor of the City of Du- buque, Iowa Attest: City Clerk of the City of Dubuque, Iowa (Form of Coupon) No ............. $........... The Treasurer of the City of Du- buque, Iowa, will pay to bearer out of the future earnings of its municipal waterworks ............ Dol- lars ($_ ...) on ............................. 19..... , at the office of the City Treasurer, Dubuque, Iowa, as pro- vided in and for semiannual inter- est then due on its Water Revenue Bond, Series 1956, dated December 1, 1956, No............ City Clerk Regular Session, February 4, 1957 59 There shall also be printed in boldface type across the face of each of said bonds the following provision: "This bond is not a general obli- gation bond nor payable in any manner by taxation, but is pay- able only from the net earnings of the municipal waterworks of the City of Dubuque, Iowa." On the back of each bond there shall be printed the certificate of the City Treasurer in the follow- ing form: "The issuance of this bond has been duly and properly registered in my office as of the firsst day of December, 1956. Treasurer of the City of Dubuque, Iowa." Seetign 3. That said bonds shall be signed by the Mayor and at- tested by the City Clerk of said City with the seal of the City af- fixed, and the interest coupons at- tached thereto shall be executed by said City Clerk by his facsimile signature, and said official, by the executio¢ of said bonds shall adopt as and for his own proper signa- ture his facsimile signature ap- pearing on such coupons. When and as executed said bonds shall be delivered to the City Treas- urer to be by him duly registered as to issuance as provided by law, aRd said treasurer shall sign t h e certificate herein-before set out in Section 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser thereof, upon payment of t h e purchase price, same being at least par and accrued interest, and all action heretofore taken in con- gestion with the sale and award of said bonds is hereby ratified and confirmed in all respects. The pro- ceeds received by the sale of said bonds, exclusive of accrued inter- est, shall be applied to defraying the cost of improvements and ex- tensionS to the municipal water- works of said City. Any unexpend- ~d balance of the proceeds of the bonds h@reby authorized re- ~naining after the completion of the improvements and extensions Shall, at the time of such comple- ton, be converted into the "Water Revenue Bond Sinking Fund", hereinafter provided for. All ac- trued igterest as may be received from the sale of the bonds here- by authorized shall be converted into said "Water Revenue Bond Sinking Fund". Section 4. That so long as any of said bonds or any other bonds ranking on a parity therewith are outstanding said municipal water- works shall continue to be operat- ed as a revenue producing under- taking. The rates charged' by the City of Dubuque, Iowa, to custom- ers of the municipal waterworks, including the municipality, shall be such reasonable rates within the following maximum rates as will be sufficient to pay for the operation and maintenance of said plant and system, the principal of and igterest on the presently out- standing bonds referred to in the preamble hereof and the prin- cipal of and interest on t h e bonds herein authorized. The max- imum monthly rates that need be charged for services rendered by said waterworks are hereby deter- miped to be as follows; (a) Water rates far users within the City of Dubuque, Iowa, whose meters are read quarterly: First 3,000 cubic feet per quar- ter at $.72 per hundred cubic feet Next 3,000 cubic feet per quar- ter at .60 per hundred cubic feet Next 3,000 cubic feet per gAar- ter at .50 per hundred cubic feet Next 38,000 cubic feet per quar- ter at .40 per hundred cubic feet Next 105,000 cubic feet per quar- ter at .36 per hundred cubic feet Next 150,000 cubic feet per quar- ter at ,32 per hundred cubic feet Balance at .21 per hundred cubic feet The minimum quarterly charge according to size of meters shall be as follows: ~S' $8.48 allowance 900 cu. ft. 1~/a" $18.00 allowance 2200 cu. ft. 3/a" 10.00 allowance 1300 cu. ft. l~Z" 20.00 allowance 2700 cu, ft. 1" 13.50 allowance 1800 cu. ft. 2" 24.00 allowance 3400 cu. ft. (b) Water rates for users within the City of Dubuque, Iowa, whose meters are read monthly: First 1,000 cubic feet per month at $.72 per hundred cubic feet Next 1,000 cubic feet per month at .60 per hundred pubic feel 60 Regular Session, February 4, 1957 Next 1,000 cubic feet per month at .50 per hundred cubic feet Next 12,000 cubic feet per month at .40 per hundred cubic feet Next 35,000 cubic feet per month at .36 per hundred cubic feet Next 50,D00 cubic feet per month at .32 per hundred cubic feet Balance at .21 per hundred cu- bic feet The minimum monthly charge according to size of meters shall be as follows: ~" $2.16 allowance 300 cu. ft. 3" $12.00 allowance 1800 cu. ft. ~/a" 3.34 allowance 400 cu. ft. 4" 16.00 allowance 2500 cu. ft. 1" 4.50 allowance 600 cu, ft. 6" 24.00 allowance 4400 cu, ft. 1~/a" 5.34 allowance 700 cu. ft. 8" 32.00 allowance 6400 cu. ft. l~Z" 6.66 allowance 900 cu. ft. 10" 40.00 allowance 8400 cu. ft. 2" 8.00 allowance 1100 cu. ft. (c) Water rates for water sup- plied by the City Water Depart- ment for residential, commercial, industrial and other uses and pur- poses by any person, firm or cor- poration outside the corporate lim- its of the City of Dubuque, Iowa, shall be 125 per cent of the rates specified above. (d) The yearly charge for fire sprinkler service supplied by the City Water Department within and without the corporate limits of the City of Dubuque shall be pay- able semiannually in advance as follows: Minimum Annual Charge $75.00 per year Up to 200 heads at 75.00 per year 200 to 300 heads at 90.00 per year 300 to 400 hears at 105.00 per year 400 to 600 heads at 120.00 per year 600 to 800 heads at 135.00 per year 800 to 1000 heads at 150.00 per year 1000 to 1200 heads at 165.00 per year 1200 to 1400 heads at 180.00 per year 1400 to 1600 heads at 195.00 per year 1600 to 180Q heads qt 210.00 per year 1800 to 2000 heads at 225,00 per year 2000 to 2200 heads at 240.00 per year 2200 to 2400 heads at 255.00 per year 2400 to 2600 heads at 270.00 per year 2600 to 2800 heads at 285.00 per year 2800 to 3000 heads at 300.00 per year 3000 to 3500 heads at 315.00 per year Far each additional 50 heads or fraction thereof over 3500 heads at $15.00 per year. Section 5. That the provisions, covenants, undertakings and stipu- lations for the operation of t h e municipal waterworks of said' City and for the collection, application and use of the revenues and in- come from such operation, as set forth in the resolution adopted by the City Council of said City on May 14, 1952, and pursuant to which the outstanding Water Rev- enue Bonds, 1952 Series, of said City were issued and as set forth in the resolution adopted by the City Council of said City on April 7, 1955, and pursuant to which the outstanding Water R e v e n u e Bonds, 1955 Series, of said City were issued shall inure and' apper- tain to the bonds hereby author- ized to the same extent and with like force and effect as if herein set out in full, except on- ly in so far as same may be in- consistent with this resolution. The provisions in and by said reso- lutions whereby there has been created and is to be maintained a "Water Revenue Bond Sinking Fund" and for the monthly pay- ment into said fund from the fu- ture net earnings of said works of such portion thereof as will be suf- ficient to pay the interest upon and principal of the outstanding Water Revenue Bonds, 1952 Series, and Water Revenue Bond's, 1955 Series, and to maintain a reserve therefor are all hereby ratified and confirmed, and all such pro- visions shall insure and constitute the security for the payment of the interest on and the principal of the Water Revenue Bonds, Series 1956, hereby authorized as m a y from time to time be outstanding; Regular Session, February 4, 1957 61 provided, however, that the amounts to be annually set aside and paid into said Water Revenue Bond Sinking Fund in equal month- ly installments shall be sufficient to pay the interest and principal due in each year, not only of the bonds issued and outstanding under the provisions of said resolu- tions adopted May 14, 1952, and April 7, 1955, but also the interest on and principal of the Water Rev- enue Bonds, Series 1956, issued pursuant to this resolution a n d from time to time outstanding and to maintain a reserve therefor. In addition to the payments required to be made into said Water Reve- nue Bond' Sinking Fund under the provisions of Section 5 of said res- olution adopted April 7, 1955, and in order to pay maturing install- ments of principal of and interest on said Water Revenue Bonds, Series 1956, and to maintain a re- serve therefor it is hereby deter- mined that additional payments shall be made each month into said Water Revenue Bond Sinking Fund from the net earnings of the municipal waterworks and that the minimum amount to set aside into said sinking fund during the periods of twelve months preced- ing December 1 of each year for said additional bonds shall be not less than as follows: A sum equal to 100 per cent of the principal of all of said Water Revenue Bonds, Series 1956, matur- ing on the December 1 next suc- ceeding, plus a sum equal to 100 per cent of the interest becoming due on and prior to December 1 next succeeding on all of said Wa- ter Revenue Bonds, Series 1956, then outstanding; provided, that until there has been accumulated in such Sinking Fund as a reserve an amount equal to interest for two years on said' Water Revenue Bonds, Series 1956, then outstand- ing, the amounts to be so set apart and paid shall be 110 per cent of the amount computed and deter- mined as aforesaid; and provided also that no further payments need be made into said Water Revenue Bond Sinking Fund when and so long as the amount therein is suf- ficient to retire all of the then outstanding revenue bonds am the interest to become due thereon prior to such retirement. None of the funds hereinbefore required to be paid into said "Wa- ter Revenue Bond Sinking Fund" shall be used for the purpose of calling and redeeming bonds prior to maturity. If and to whatever extent any additional bonds a r e hereafter issued by said City rank- ing on a parity with the outstand- ing bond's referred to in the pre- amble hereof and the bonds here- in authorized to be issued as per- mitted and provided for in Section 9 hereof, provision shall be made for additional payments to be made each month into said Water Revenue Bond Sinking Fund from the net earnings of the water- works sufficient to pay maturing installments of principal of and in- terest on said additional bonds arri' to accumulate and maintain a rea- sonable reserve therefor. Such payments into said Water Revenue Bond Sinking Fund shall be made in equal monthly install- ments on the first day of each month, except that when the first day of any month shall be a Sun• day or a legal holiday, then such payments shall be made on the next succeeding secular day. Such Water Revenue Bond Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying the interest on and prin- cipal of said bonds. If at any time there be a failure to pay into said fund the full amount above stip- ulated, then an amount equivalent to the deficiency shall be paid in- to said fund from the net earnings of said municipal waterworks as soon as available and same shall be in addition to the amount oth- erwise required to be so set apart and paid into said' fund, After paying operating a n d maintenance expenses and making the required payments into the Water Revenue Bond Sinking Fund as provided in Section 5 of said resolution adopted April 7, 1955, and as hereinbefore pro- vided, out of the remaining net earnings of the waterworks which are not pledged for the payment of principal of and interest on addi- tional bond's hereafter issued by the City for waterworks purposes or which are not used to call and redeem waterworks bonds prior to maturity, the sum of $5000 shall 62 Regular Session, February 4, ..1957.. be set aside each month into a Depreciation Fund. All funds at any time on deposit in said De- preciation Fund may be expended from time to time to pay the cost of renewals and replacements to said waterworks and any balances therein not required for such re- newals and replacements may be expended to pay the cost of im- provements and extensions to the waterworks. Any balance of the net earnings in excess of the pay- ments heretofore and hereinbefore specified to be made into s a i d Water Revenue Bond Sinking Fund and into said Depreciation Fund may be made available to the `City as the City Council may from time to time direct. Section 6. That the provisions of Section 9 of said resolution adopt- ed May 14, 1952, and of Section 9 of said resolution adopted April 7, 1955, with. respect to the is- suance of additional water reve- nue bornd's ranking on a parity with the bonds thereby authorized are hereby recognized. It is here- by found and declared that the of- ficially reported net revenues of the municipal waterworks of said City far the last calendar or fiscal year are equal to at least one and one-fourth times the total of (i) the maximum amount of principal and interest that will become due in any calendar year on the bonds now outstanding and (2) the maxi- mum amount of principal and in- terest falling due in any calendar year prior to the last year in which any of said' outstanding bonds mature on the additional bonds hereinbefore authorized and proposed to be issued. Section 7. That the City of Du• buque hereby covenants a n d agrees with the holder or holders of said bonds, or any of them that may from time to time be out- standing, that it will faithfully and punctually perform all duties with reference to the municipal wa- terworks required and provided by the Constitution arni laws of the State of Iowa, that it will segregate the revenues of said works a n d make application thereof in ac- cordance with the provisions of this resolution, and that it will not sell, lease or in 'any manner dis- pose of sold waterworks, including any and all extensions and addi- tions that may be made thereto, until all the bonds herein author- iz2d shall have been paid in full, both principal and interest, or un• less and until provisions s h a l l have been made for the payment of said bonds arni' interest thereon in full. .Section 9. That for the further protection of the holders of t h e bonds herein authorized to be is- sued and the coupons thereto at- tached alien is hereby recogniz• ed and declared to be valid and binding upon the improvements and extensions to the waterworks acquired with the proceeds of the bonds hereby authorized, which lien shall take effect immediately upon the delivery of any of said bonds. In the event of a default in any of the term's of this resolu- tion, said lien. may be enforced and foreclosed for the use and benefit of all of said bonds then outstanding in the manner provid- ed 'by the laws of the State of Iowa for the enfoi+cement and fore- closure bf chattel mortgages and it is hereby specifically agreed with each holder of any of said bonds that the improvements and extensions acquired through t h e issuance of the revenue bonds hereby authorized shall be and re- main chattels and never be re- garded as fixtures or become a part of the real estate upon which located, .even though attached thereto. The City Clerk is hereby authorized and directed to file a certified copy of this resolution in the office of the County Recorder the same to be there .duly reeord- ed for the purpose of evidencing such lien and giving notice of the record thereof. Section 9. The bonds hereby authorized and from time t0 time outstanding shall not be en- titled to priority or preference one over the other, in the application of the net, earnings of said munici- pal waterworks or with respect to the pledge of the property se- curing their payment, regardless of the time or times of the is- suanee of such bonds, it being the intention that there shaIl be no priority among the 'bonds authari- Regular Session, February 4, 1957 63 ized to be issued under t h i s resolution regardless of the fact that they may have been actually issued and delivered at different times. Any other bonds or obliga• tions hereafter issued or incurred which are payable from the net revenues of said municipal water works plant and system shall be subject to the priority of any of the Water Revenue Bonds, 1952 Series, and Water Revenue Bonds, 1955 Series, referrd to in the pre- amble hereof which are then out- standing and to the priority of the bonds then outstanding under the provisions of this resolution; pro• vided, however, that said City of Dubuque hereby reserves the right and privilege of issuing additional bonds from time to time payable from the same source and ranking on a parity with the Water Reve- nue Bonds, 1952 Series, and t h e Water Revenue Bonds, 1955 Series, hereinbefore referred to and on a parity with the bonds herein au- thorized or permitted to be issued as may be then outstanding, in or• der to pay the cost of future im- provements and extensions to said waterworks, but only if the offic- ially reported net revenues of said waterworks for the last pre- ceding calendar or fiscal year pri- or to the issuance of such addi- tional bonds was equal to at least one and one-fourth times the total of (1) the maximum amount of principal and interest that w i 11 become due in any calendar year on the Water Revenue Bonds, 1952 bonds, 1955 Series, hereinbefore re- ferred to and the bonds herein authorized then outstanding a n d (2) the maximum amount of prin- cipal and interest falling due in any calendar year prior to the last year in which any of said outstand• ing Water Revenue Bonds, 1952 Series, or Water Revenue Bonds, 1955 Series, or bonds issued pur- suant to this resolution mature on the additional bonds then propos• ed to be issued, and provided also that the interest payment dates for any such additional bonds shall be semiannually on June 1 and De- cember 1 of each year, and the principal maturities of such addi• tional bonds shall be on December i of any year in which any of such principal is scheduled to be- come due. The term "net revenues" is de- fined as gross revenues, 1 e s s operating expenses which shall ia• elude salaries, wages, cost of maintenance and operation, ma• terials and supplies, pumping costs, and insurance, as well as aB other items as are normally in- cluded under recognized account- ing practices, but shall not include allowances for depreciation in the value of physical properties. Section 10. The City of Dubuque agrees that so long as any of the bonds hereby authorized remain outstanding it will maintain in- surance for the benefit of the hold- ers of the bonds issued hereun- der of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business, that it will keep proper books of record and account, separate from a 11 other records and accounts, showing complete and correct en- tries of all transactions relating to said waterworks, and that t h e holders of any of said bonds shall have the right at all reasonable times to inspect the system and all records, accounts and data of the said City relating thereto. The City further agrees that it will within sixty days following t h e close of each calendar year cause an audit of such books and ac• counts to be made by a certified public accountant not in the regu- lar employ of the City showing the receipts and disbursements for account of the waterworks a n d that copies of such audit will be forwarded to holders of any of the bonds then outstanding upon re- quest. All expenses incurred in the making of the audits required by this Section shall be regarded as a maintenance and operation expense. Section 11. The provisions of this resolution shall constitute a con- tract between the City of Du• buque and the holders of the bonds herein authorized to be issued as may from time to time be out- standing and after the issuance of any of said bonds, no change, variation or alteration of any kind of the provisions of this resolution shall be made until all of said bonds issued hereunder and inter- est thereon shall have been paid in full. 64 Regular Session, February 4, 1957 Section 12, ff any section, para- graph, clause or provision of this resolution be held invalid, such in- validity shall not affect any of the remaining provisions hereof, and this resolution shall be- come effective immediately upon its passage and approval. Section 13. That all resolutions or orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved February 4th, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT, City Clerk Recorded February 6th, 1957 Leo F. Frommelt, City Clerk Councilman Clarence P, Welu moved that said resolution be adopted; seconded by Council- man Ray F. Kolb. The Mayor put the question on the motion and, the roll being called, the follow- ing named Councilmen voted: Aye; Mayor Charles E. D o v e, Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nays: None. Whereupon the Mayor declared the motion duly carried and said resolution duly adopted, Councilman Welu moved that the City Treasurer be authorized to return the deposit checks to the un-successful bidders. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 29, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of De- cember as well as list of claims and list of payrolls for which war- rants were issued for the month of December, 1956. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Welu moved that the reports be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the Publisher, of Statement of Receipts and list of claims for which warrants were drawn dur- ing the month of December 1956, presented and read. Councilman Kolb moved that the proof of pub- lication be received and filed, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, We'lu. Nays-None. January 29, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the annual re- port of the City Auditor, City Trea- surer and City Health Department for the year beginning January 1, 1956 and ending on December 31, 1956, Respectfully submitted, L. J. S~nu,TZ, City Manager. Mayor Dove moved that the re- ports be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 10, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: For the past five years, the City of Dubuque has leased a parcel of property on Jones Street along the Illinois Central Rialroad's right-of- way for Street Department stor- age facilities. I recommend that this Lease be renewed and that the City Manager be authorized to execute the renewal clause. Respectfully submitted, L. J. SCHILTZ, City Manager. Regular Session, February 4, 1957 65 Councilman Welu moved t h a t the recommendation of the C i t y Manager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None, RESOLUTION N0. 19.51 WHEREAS, the City of Dubuque in carrying out street construction and maintenance work, finds it ne- cessary to secure storage space on a railroad siding; and WHEREAS, the Illinois Central Railroad has available for lease, suitable storage facilities which the City now has under lease; NOW, THEREFORE, BE IT RESOLVED by the City Council that authority be given the City Manager to execute the renewal clause on this Lease for the City of Dubuque at the annual rate of $200.00 per year. Passed, adopted and approved this 4th day of February 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved t h e adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 12, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Due to clerical error in the re- cording of assessment of U n g s Street and Hoyt Street included in the 1956 Bituminous Concrete Sur- facing Project No. 1, I recommend that the City Clerk and City Trea- surer be granted authority to change their assessment records as follows: UNGS STREET ASSESSMENT Assessment is recorded: Vincent J. Neuwohner _ Lot 2-3- Pfohl's Sub ........ $1522 Earl H. & Mildred C. Miller-Lot 1.3 Pfohl's Sub .... , .... 1.46 Should 'be changed to read: Vincent J. & Bertille C. Neuwoh• ner-Lot 2.3-Pfohl's Sub ...... $1.46 Earl H. & Mildred C, Miller-Lot 1.3-Pfohl's Sub . ............ 1522 HOYT STREET ASSESSMENT Assessment is recorded: Vincent J. & Bertille C. Neuwoh- ner -Lot 2-3 Pfohl's Sub. $135.34 Should be changed to read: Earl H. & Mildred C. Miller - Lot 1.3 Pfohl's Sub......... $135.34 Thank you. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved t h a t the recommendation of the City Manager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 21, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire your approval on same for filing, subject to the approval of the City Solicitor: PERSONAL Laverne J. Schiltz, City Man- ager, American Surety Co. of New York. T. H. Nelson, City Solicitor, West- ern Surety Company. Robert M. Czizek, Assistant City Solicitor, Western Surety Company. Leo F. Frommelt, City Clerk, United States Fidelity & Guaranty Co. Albert L. Holscher, City Auditor, Western Surety Company. Edward M. Tschirgi, City Treas• urer, American Surety Co, of New York. Jeanne Kane, Clerk -City Trea- surer's Office, American S u r e t y Company. Geraldine L. Jenni, Secretary to City Manager, Continental Casual- ty Company, Kenneth J. Cullen, City Engineer, Hawkeye-Security Insurance Com- pany, Donald J. Bandy, Building Com- missioner, Continental Casualty Company, ~` it ` dl ~. IIIR ', ~', , II, I, ~~~ `{ ,i ; ~~'~ ~' ~~1 III 86 Regular Session, February 4, 1957 Luvern C. Norton, Electrical In- spector, Fireman's Fund Indemni- ty Company. Richard Feyen, Plumbing Inspec- tor, Western Surety Company. Joseph A. Ratterman, Assistant P l u m b i n g Inspector. American Surety Company. Charles J. Plamondan, M e t e r Collector and Repairman, Univer- sal Surety Company. Henry Blocker, Meter Collector and Repairman, Western S u r e t y Company. James J. Kaesbauer, Superinten- dent of Parks, Massachusetts Bond- ing & Ins. Co. Nicholas J. Sutton, Recreation Director, Indemnity Ins. Co. of North America. Leonard H. Crane, Manager - Bunker Hill Golf Course, National Surety Corporation. Romolo N. Russo, Police Judge, American Surety Co. of New York. John A. Brady, Clerk - Police Court, Central Surety and Ins. Corp. Jahn Joseph Hail, Supt. & Ca- shier -Water Dept., Massachu- setts Bonding & Ins. Co. Allan C. Kane, Cashier and Ac- countant -Water Dept., Western Surety Company. Thomas P. Fitzpatrick, Clerk - Water Dept., Western Surety Com- pany. Lucille Oster, Clerk & Stenogra- pher -Water Dept., Massachu- setts Bonding & Ins. Co. Helen Nelson, Clerk -Water Dept., Western Surety Company. Respectfully submitted, L. J. SCHH.TZ, City Manager. Councilman Kolb moved that the bonds be filed subject to the ap- proval of the City Solicitor. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 2, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for filing, subject to the approval of the City Solicitor; BLASTING Clair McDonnell, d-b•a McDon- nell Excavating Service, Continen- tal Casualty Company. HEATING Dubuque Plumbing and Heating Co., American Casualty Company. Dubuque Sheet Metal Ca., Natifrn- al Surety Corporation. Louis Buechel Plumbing & Heat- ing, United Pacific Insurance Com- pany. EXCAVATION North Central Public S e r v i c e Co., Seaboard Surety Company. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved t h a t the bonds be filed subject to the approval of the City Solicitor, Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 30, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In the establishment of new sub- divisions in the past years, there has bin no requests for the in- stallation of street lights, Now that homes are built in these new sub- divisions and the various streets improved, I recommend that street lights be installed at the following locations: 1. Light on Earl Drive on ease- ment. 2. Light on Ruann Drive on ease- ment. 3. Light at intersection of Ideal Lane and Ruann Drive. 4. Light at intersection of Earl Drive and Ideal Lane. 5. Light west of Earl Drive at crown of hill at Vincent Roling's driveway. 6. Light at Kevindale and Lin- dale Streets. 7. Light-third span south of ex- isting light on Woodlawn, approxi- mately at 2215 Woodlawn Street. 8. Three additional lights between Evergreen and the Old Timer s Road -the last at pole near city limits. 9. Light at northwest corner of intersection of Asbury and Carter Road. Regular Session, February 4, 1957 67 10. Light at Carter Road and De- borah Drive. 11. Light at Deborah Drive and Valley View. 12. Light at intersection of De- borah Drive and Hillcrest Road, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved t h a t the recommendation of the C i t y Manager be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 30, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: With the establishment of 8th and 9th Streets as one-way streets, 8th and Main and 9th and Main Streets have created somewhat of a preb- lem for pedestrian crossing and the turning movement of vehicles. I recommend that at the intersec- tion of 8th and Main Street vehicles be authorized to make right and left hand turns. I also recommend that traffic lights be installed so that an interval be allowed for pe- destrians to move in all directions across the intersection of 8th and Main and 9th and Main and that when vehicles are proceeding through the intersection, pedestri- ans would not be allowed to cross the intersection. I am attaching an ordinance that has been prepared by the City So- licitor that will make the ncessary changes in our traffic ordinance to accomplish these recommenda- tions. The ordinance also includes a section regulating parking opposite any garage or driveway on a road- way less than twenty feet of which the Council has previously approv- ed. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendations of the City Manager be approved, Seconded by Councilman Dove, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE NO. 12.57 An Ordinance Amending Ordi- nance No. 33.49 by repealing Sec- tion 5.2 and enacting a substitute therefor; by repealing Section 14.1 and adding a new Section 16.1.11, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring n Ordinance to be read on t h r e e separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Official Publication) ORDINANCE NO. 12.57 An Ordinance Amending Ordinance No. 33-99 by repealing Section 5.2 and enacting a substitute therefor; by repealing Section 14.1 and ad- ding anew Section 16.1.11. Be It Ordained By The City Coun- cil Of The City OP Dubuque, Iowa: Section 1. That Section b.2 of Ordi- nance No. 33-49, known as the Traf- fic Code of the City oP Dubuque, be and the same is hereby repealed and the following enacted in lieu thereof: Sec. 5.2-Whenever traffic is con- trolled by traffic control signal lights the following signals only shall be used and said lights shall indicate as fol- lows: 1-Green alone. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either ouch turn, But vehicular traffic shall yield the right of way to other vehi- cles and pedestriins lawfully within the interseotion at the time such sig- nal is exhibited. Except at intersec- tions where pedestrians are controlled by separate "Walk" lights, pedestri• ans facing the signal may proceed across the roadway within any mark- ed or unmarked crosswalk. 2-Yellow alone when shown follow. ing the green or "Go" signal. Vehicu- lar traffic facing the signal shall stop before entering the nearest crosswalk at the intersection and remain stand- ing until green or "Go" is shown alone, but, if such a atop cannot be be made in safety, a vehicle may be driven cautiously through the inter- section. Except at intersections where pedestrians are controlled by separate "Walk" lights, no pedestrian shall enter the roadway unless he can do so safely and without interfering with vehicular traffic. 3-Red alone. Vehicular traffic fac- ing the signal shall stop before enter- ing the nearest crosswalk at an inter- section or at such other point as may be indicated by a clearly visible line and shall remain standing unrll green or "Go" is shown alone. Except at interaectiona where pedestrians are controlled by separate "Walk" lights, no pedestrian facing such signs] shall ~~ i i~ 1 ~, . 1 ;' 68 Regular Session, February 4, 1957 ~ Regular Session, February 4, 1957 69 enter the roadway unless he can do so safely and without interfering with any vehicular traffic. 4-Red with green arrow. Vehicular traffic Pacing such signal, may cau- tiously enter the interaecUon only to make the movement indicated by such arrow but shall not interfere with other vehicular traffic or pedestrians ]awfully within the intersection. Ex- cept at intersections where pedes- trians are corutrolled by separate "Walk" lights, no pedestrian facing such signal shall enter the roadway unless he can do so safely and with- out interfering with any vehicular traffic. 5-Flashing red (Stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehi- cles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to proceed shall be subject. to the rules applicable after making a stop at a stop sign. 5-Flashing yellow (Caution signal). When a yellow lens is illuminated with rapid intermittent flashes, driv- ers of vehicles may proceed through the intersection or past ouch signal only with caution. 7-"Walk". At intersections where signs displaying the word "Walk" are in operation, pedestrians shall con- form to the directions of such signals. When the word "Walk" is lighted, pedestrians facing such signal may proceed straight across the roadway within any marked or unmarked crosswalk. When the word "Walk" is not lighted, pedestrlans facing such signal shall not enter the roadway. When the ward "Walk" is simultan- eously lighted on all four corners of any intersection, pedestrlans may cross the roadway in any direction." Section 2. That Section 14.1 of Ordinance No. 33-49, known as the Traffic Code of the City of Dubuque, be and the same is hereby repealed. Section 3. That Ordinance No. 33-49 known as the Traffic Code of the City of Dubuque be and the same is hereby amended by adding a new section 18.1.11 thereto as follows: "16.1.11-Opposite the entrance to a garage, or driveway, on any roadway less than twenty feet in width." Section 4. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introduced the 9th day of February, 1x57. Rule requiring reading on three separate days suspended by unani- mous vote the 4th day of February, 1957. Passed, adopted and approved this 4th day of February, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt, City Clerk. Published officially in the Telegraph- Herald Newspaper this 8th day of February, 1957. Leo F. Frommelt, City Clerk. lt. 8.8 Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE NO. 13.51 An Ordinance Amending Ordi- nance No. 33.49, known as the Traf- fic Code, by adding a new section 16.9.1 thereto, Regulating Parking in Taxicab Stands, presented and read. Councilman Welu moved that the Ordinance just read be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on t h r e e separate days. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Official Publication) ORDINANCE NO. 13.57 An Ordinance Amending Ordinance No. 33-49, known as the Traffic Code, by adding a new section 18.9.1 thereto, Regulating Parking in Taxicab Stands. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 33- 49, known as the Traffic Code be and the same is hereby amended by add- ing anew Section 16.9.1 thereto as follows: "18.9.1-Where spaces have been set apart by signs or markings as taxi- cab stands, it shall be unlawful for the operator oY any vehicle other than a licensed taxicab to stand or park in any such officially desig- nated taxicab stand, except that the operator of any passenger ve- hicle may temporarily atop In ouch spaces for the purpose of, and while actually engaged in, the loading or unloading of passengers." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introducod the 4th day of Febru- ary, 1957. Rule requiring reading on three separate days suspended by unani- mous vote the 4th day of February, 1957. Passed, adopted and approved this 9th day of February, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt City Clerk Published ofnclally in The Tele- graph-Herald Newspaper this 8th day of February, 1957. LEO F. FROMMELT, It 2-8 City Clerk Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 14.57 An Ordinance Establishing North Grandview Avenue and Changing the Names of certain streets to pro- provide therefor, presented a n d read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman K o I b. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Kolb. Carrid by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Welu moved that the Ordinance be held over until the meeting of March 4, 1957 for final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. January 15, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Mrs. Edward Lee et. al, requesting that rezoning of an area on both sides of Wood St. from Single to Two Family Classification, t h e Planning & Zoning Commission re- spectfully recommends to your Honorable Body the granting of said petition and that the area be described as follows: Beginning at the northeast cor- ner of Loras Blvd. and Wood Street, thence easterly along the northerly line of Loras Blvd, to the west line of the alley first east of Wood Street; thence northerly along the westerly line of said al- ley to the northeast corner of Lot nine (9) Grays Sub.; thence west- erly along the northerly line of Lot nine (9) Grays Sub. to Woo d Street; thence across Wood Street and continuing westerly along the northerly line of Lot ten (10) and continuing westerly along the nor- therly line of Lot ten (10) Grays Sub. to the northwest corner of Lot ten (10) Grays Sub.; thence south- erly along the westerly line of Lots ten, eleven, twelve and thirteen Grays Sub, and the westerly line of Lat five Mt. Pleasant Add, to the westerly line of the alley first west of Wood Street; thence south- erly along the west line of the al- ley first west of Wood Street to the north line of Loras Blvd.; thence easterly along the northerly line of Loras Blvd, to the northeast cor- ner of Loras Blvd. and Wood Street which is the point of beginning, Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Welu moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE NO. 15.51 An Ordinanace Amending Ordi- nance No. 3.34, known as the Zon- ing Ordinance and Zoning M a p Changing the Zoning classification of certain herein described lots, presented and read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Kolb, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that a public hearing be held on the ordi- nance on March 4, 1957, at 7:30 p. m, in the Council Chamber and that the City Clerk be instructed to publish notice of the .hearing in the manner required by law, Sec- 70 Regular Session, February 4, 1957 onded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 10, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Planning & Zoning Commission notes with interest and some sympathy communication of President of Dubuque Women's Club objecting to bill boards on the north wall of the new 9th St., ex- tention west of Bluff St. As such boards are properly allowed in a "Business District" under present ordinances, and the area in ques- tion is "Business District" t h e r e appears little The Planning & Zon- ing Commission can do but encour- age neat, safe signs which the Com- missionfeels it will be to best inter- ests of all for sign erectors to in- stall. Respectfully yours, Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Kolb moved that the communication be received and fil- ed. Seconded by Councilman Kint- zinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January S0, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Planning & Zoning Commission herewith returns peti- tion of The Finley Hospital object- ing to vacation of alley south of their property between same and West 3rd St. The original request in writing has never been received by said Commission so no action is advisable. Sincerely yours, Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Kolb moved that the communication be received and fil- ed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 10, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; With reference to attached peti- tion of John B. Link and Geo. M. Haas requesting vacation of Mills St, between Bunker Hill St. and Montana St, with proper remunera- tion to the City, The Planning & Zoning Commission sees no ob- jection to this vacation as the area is adequately served from other ex- siting streets, and these two citi- zens are the only abutting property owners. By vacating Mills St, more valuable lots may be provided. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Welu moved that the communication be referred to the City Solicitor to have proper pro- ceedings drawn. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 10, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On Jan, 7, 1957, City Manager Schiltz addressed a communication to Your Honorable Body recom- mending the vacation of (1) Sum- ner St. from Beach to Peosta St. (2) Beach St. from west line of Lot 337 a in Ham's Addition west to Rhomberg Ave. (3) Garfield Ave. from Hawthorne St. to Front St. The Dubuque Planning & Zoning Commission approves these vaca- tions and recommends approval by Your Honorable Bady. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V, McKay Secretary Councilman Welu moved that the recommendation of the Planning k Zoning Commission be approved and the communication referred to the City Solicitor to have proper Regular Session, February 4, 1957 71 proceedings drawn. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, January 10, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Planning & Zoning Commission approves recommen- dation of City Manager Schiltz to vacate South 20 feet of West 9th St. from Bluff St. west 230.6 feet in the City of Dubuque as of no use to present street system, and rec- ommends to Your Honorable Body approval of such recommendation. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Welu moved that the recommendation of the Planning & Zoning Commission be approved and the communication referred to the City Solicitor to have proper proceedings drawn. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Aove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. January 18, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of Mrs. Amelia Chaso for damages al- legedly sustained on January 20th, 1956 when she stumbled on a rot- ted tree stump in the parking in front of 1470 Locust Street, and find that there is an eighteen inch park- ing strip betweEm the sidewalk and the curb which was formerly o~cu- pied by a tree, the roots of which raised the sldewalk and the tree was cut down. The stump of the tree subsequently rotted away. At the time a~ tha accident the stump was eavereo with snow and the claimant, who was alighting from her car, stepped into the same, causing her to fall and frac- ture her right wrist. Mrs. Chase sustained substantial medical expense and loss of time and, according to her doctor, she now has atwenty-five per cent loss of function of her right hand, which her doctor estimates will be perm- anent, I have discussed the matter with Mr. F. H, Becker, claimant's attor- ney, and we have agreed upon a settlement in the amount of twen- ty-one hundred dollars. I recommend that this settlement be approved and that the Auditor be instructed to issue a warrant in the sum of $2100, payable to Mrs. Amelia Chase and F. H, Becker, her attorney, and deliver the same upon receipt of a properly exe- cuted release, Sincerely, T, H. Nelson Councilman Kintzinger m o v e d that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant payable to Mrs, A m e l i a Chase and F. H. Becker, her at- torney, in the amount of $2100, and deliver the same upon receipt of a properly executed release, in full settlement of her claim. Seconded by Councilman Schueller. Carried by the following vote: Xeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 11, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: The claim of Leo Wagner in the amount of $15.12 for damages when his car struck a raised manhole in Woodlawn Street has been referred to this office for investigation and report. I recommend that the claim be allowed in the amount claimed and that the Auditor be instructed to issue a warrant payable to Leo Wagner in the sum of $15.12 and deliver the same upon receipt of a property executed release. Rspectfuily, T. H. Nelson Mayor Dove moved that the rec- ommendation of the City Solicitor be approved and the Auditor in- strutted to draw a warrant in the amount of $15.12, payable to Leo Wagner, in full settlement of his claim. Seconded by Councilman Schueller, Carried by the follow- ing vote: 72 Regular Session, February 4, 1957 Yeas -Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 15, 1957 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; I have investigated the claim of Mr. Kenneth Strong for damages sustained to his car when he struck a defect in Bunker Hill Road and find that the claim should be al- lowed in the amount claimed. I therefore recommend that the City Auditor be instructed to issue a warrant payable to Kennet h Strong, 2320 Washington Street, in the amount of $48.20 and deliver the same upon receipt of a properly executed release. Sincerely, T. H. NELSON Councilman Kintzinger move d that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant payable to Kenneth Strong, in the amount of $48.20 and deliver the same upon a properly executed release in full settlement of his claim. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. January 16, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I herewith submit for filing the release of Mrs. Rita Rohr's claim for damages occuring July 12, 1956 on Green Street in the City of Du- buque. This release was obtained and paid for by the contractor's insur- ance company. Sincerely, T. H. Nelson Mayor Dove moved that the com- munication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 16, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I herewith submit for filing the release of Mrs. Clara Juergens far her claim of damages occurring May 24, 1956 on First Street be- tween Main and Locust. This release was obtained and paid for by the contractor's insur- ance company. Sincerely, T, H. Nelson. Councilman Schueller move d that the communication be receiv- ed and filed. Seconded by Council- man Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Original Notice and Petition of Law of Edward L, Alber, Plaintiff vs. City of Dubuque, Iowa, in the amount of $42,225.00, for personal injuries received as the result of a fall while traversing the sidewalk an the east side of Bluff street on October 24, 1956, presented and read. Councilman Welu moved that the notice be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of John Daskala- kis of George's Shoe Shop an 1965 Central Avenue, in the amount of $17,53 for a broken window which occurred as the result of a piece of concrete striking the window at a time when the street was under re- pair on October 2, 1956, presented and read. Councilman Welu moved that the Notice be referred to the City Solicitor for investigation and report. Seconded by Council- man Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice of claim of Richard Kolck 3rd, of 995 Grove Terrace, in the amount of $100. for personal in- juries received and damage to his clothing, as the result of a fall in a hole in the pavement in the rear of Regular Session, February 4, 1957 73 his residence on Alice street, on December 11, 1956, presented and read. Councilman Welu moved that the Notice of claim be referred to the City Solicitor for investi- gation and report, Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice of claim of George M. Ma- ruyama of 1650 Atlantic street, in various determined and undeter- mined amounts, for damage caus- ed to his basement and contents as the result of a sewer backing up on January 11, 1957, presented and read. Councilman Welu moved that the notice of claim be referred to the City Solicitor for investigation aad report. Seconded by Council- man Kolb. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Aloys Rada- baugh of 623 W. 8th street, in an unnamed amount, for personal in- juries received as the result of a fall on the ice at 611 West 8th street, on January 7, 1957, present- ed and read. Councilman Welu moved that the notice of claim be + referred to the City Solicitor for investigation and report, Seconded by Councilman Kalb, Carried by the following vote: Yeas-Mayor Dove, Councilmen ~~ Kintzinger, Kalb, Schueller, Welu. Nays-None. Notice of claim of Mrs. Arnold (Dorothy) Rausch, in the amount of $7800, for personal injuries re- ceived as the result of a fall while walking in an east-bound course across Elm street in front of 2731 Elm on December 1, 1956, present- ed and read. Councilman W e 1 u moved that the Notice of claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Dubuque Air- port Commission submitting a re- port of activities and accomplish- ments during the year 1956 and fur- - ther stating that plans are now un- derway to construct an aircraft hanger during 1957, presented and read. Councilman Welu moved that the communication be received and filed, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. CHAPMAN AND CUTLER 111 West Monroe Street Chicago 3, Ill. December 28, 1956 We hereby certify that we have examined certified copy of the pro- ceedings of the City Council of the City of Dubuque, in Dubuque Coun- ty, Iowa, passed preliminary to the issue by said City of its Two and ninety-hundreths per cent Sewer Bands to the amount of $600,000 dated December 1, 1956, denomina- tion $1000, numbered from 1 to 600, inclusive, due in numerical order $15,000 an December 1, 1957, $20,- 000 on December 1 of each of the years 1958 to 1961, inclusive, $25,- 000 an December 1, 1962, $35,000 on December 1 of each of the years 1963 to 1974, inclusive, and $30,000 on December 1 of each of the years 1975 and 1976, and we are of the opinion that such proceedings show lawful authority for said issue un- der the laws of the State of Iowa now in force. We further certify that we have examined executed bond number one and find the same in due form of law and in our opinion said is- sue, to the amount named, is valid and legally binding upon said City of Dubuque and all taxable proper- ty in said City is subject to the levy of taxes to pay the same with- out constitutional or statutory limi- tation as to rate or amount. CHAPMAN AND CUTLER. Councilman Kolb moved that the communication be received and fil- ed. Seconded by Councilman Schu- eller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Notices from the Bituminous Cas- ualty Corporation of Rock Island Ills, stating that Policies No, WC 278543 and No. MPL 104154, issued to Gaber Construction Company of Galena Ill, will be cancelled as of ~~~'~'l ~~ ~, I h '~~ i Y 74 Regular Session, February 4, 1957 February 7, 1957, presented a n d read. Councilman Welu moved that the Notices be received and filed and the License of the Gaber Con- struction as an excavator be can- celled. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of John C. Duf- fey Agency advising that the south H. B, Glover Company building is being held for sale or lease and wondering if the Council would be interested in considering the prop- erty as a City Hall, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of State Depart- ment of Health stating that they have transmitted the City's appli- cation for Federal Grant for Sew- age Treatment Works to the Public Health Service, stating further that zlthough the project is in conform- ity with the State plan for water pollution control, the total amount of money allotted to Iowa was suf- ficient only to include projects with a higher priority on the basis of water pollution control and finan- cial needs, and should additional Congressional funds be appropri- ated in the future the project will be considered for priority over oth- er eligible projects, presented and read. Councilman Schueller moved that the communication be receiv- ed and filed. Seconded by Council- man Welu. Carried by the follow• ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, I{olb, Schueller, Welu. Nays--None, Communication of Merlyn A. Dlg- man objecting to the proposed street improvements of Prescott and Emerson streets, stating that the streets in question are second- ary streets, serving most of the ad- joining property merely as an al- ley, presented and read, Council- man Welu moved that action on the communication be deferred to the meeting set for the public hear- ing. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Budelier Insurance Agency of Rock Island, Tlls., re- questing the return of the original renewal cert[ficate on bond No. 212467, covering sidewalk construc- tion, issued to Leo Dasso, since the Assured does not wish to renew the bond with their agency, pre- sented and read. Councilman Welu moved that the bond be released if replaced by another bond and if there are no claims on file. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Francis E. Kelly of Kelly's Texaco Station at 1075 Dodge street, requesting the exten- sion of the present Local Business District B classification for zoning, approximately 190 feet to the east of their presently described proper- ty on the north side of Dodge street just east of Bryant, presented and read. Councilman Schueller moved that the petition be referred to the Planning and Zoning commission for investigation and report. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of American Legion Aux- iliary, requesting permission to hold its Annual Poppy Drive on Friday May 24th and Saturday May 26th, presented and read. Council- man Schueller moved that the re- quest be granted providing there are no conflicting dates. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. petition of Carr Adams & Collier Co., Jobbing Division, requesting permission to extend a portion of their office building roof over the sidewalk at 30 South Locust street, presented and read. Councilman Welu moved that the petition be referred to the City Manager for Regular Sessiun, February 4, 1957 75 investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. petition of 13odney H. Cross of 200 W. 32nd Street, requesting that his name be withdrawn from a pe- tition for the construction of sewer on W. 32nd street, that is being cir- culated at the present time, pre- sented and read. Councilman Welu moved that the petition be refer- red to the time set for public hear- ing if and when the petition for construction of the sewer is receiv- ed. Seconded by Mayor Dove. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of the Telegraph Herald, requesting permission to install a wooden container on property lo- cated on Meadow Lane and High- way No. 20, said property being un- der the jurisdiction of the City and the Iowa Highway Commission, presented and' read. Councilman Schueller moved that the request be granted. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays--None. Petttion bf Lucille McArdle, re- questing arefund of $100. on the unexpired portion of her Class "B" beer permit No. 73, as she has dis- continued business as of January 9, 1959, presented and read. Coun- cilman Kolb moved that the re- quest be granted and the Auditor instructed to draw a warrant pay- able to Lucille McArdle, in the amount of $100 to cover the amount of the unexpired portion of her class "B" permit No. 73. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. petition of Lucille McArdle, re- questing arefund of $25. on the un- expired portion of her cigarette Li- cense No. 298 as she has discon- tinued business as of January 8, 1957, presented and read. Council- man Kolb moved that the request be granted and the Auditor instruct- ed to draw a warrant payable to Lucille McArdle, in the amount of $25. to cover the amount of the un- expired portion of her cigarette Li- cense No. 298. Secand'ed by Coun- cilman Schueller, Carried by t h e following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Anthony C. Mihalo- vich, requesting a refund of $25. on the unexpired portion of his ciga- rette license No. 84, as he has dis- continued business as df February 4, 1957, presented and read. Coun- cilman Kolb moved that the re- quest be granted and the Auditor instructed to draw a warrant pay- able to Anthony C. Minalovich, in the amount of $29 to cover the amount of the unexpired portitln of her cigarette License No, 84. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Dubuque Cab Owners Association, requesting repeal or amendment of the Ordinance cur- rently in effect regulating the rates and' prices charged for trans- portation of passengers by taxicab from one part of the City to anoth- er, in order to establish slightly higher rates to meet rising costs, presented and read. Councilman Schueller moved that the rules be suspended in order to let anyone present address the Council if they so desire relative to the subject at hand. Seconded by Councilman We- lu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Joseph Even addressed the Coun- cil relative to the taxicab rates now in effect stating that the present rates nave beep in effect in the City since 1951. He has made test runs in the City as to mileage trying to arrive at fair rates. The l o c a l rates are 25 per cent less fare- wise than most cities of compara- ble size. Mr, Even displayed' a map of the City snowing same broken down into various areas. The sug- gested rate increase was from six- ty cents to sixty five cents for one passenger and from seventy five cents to eighty five cents from two ~~ l~ 76 Regular Session, February 4, 1957 to five passengers in the close - in area and eighty cents for one pas- senger and one dollar from two to five passengers in areas beyond the so called close-in area. Mayor Dove moved that the peti- tion be referred to the City Man- ager to confer with Mr. Joe Even and report back to the Council, Seconded by Councilman Kintzin- ger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 20.51 BE IT RESOLVED by the City Council of the City of Dubuque that the fallowing, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City. Name Address John H. Vorwald, 1900 Washing- ton Street. Charles D, Parkins, 530 Mai n Street, Herbert J. McAndrews, 127 West 6th Street. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 4th day of February, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.21.51 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be grant- ed' and licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Name Address Joseph P, and Bernice Hillard, 431 Rhomberg Avenue. Lawrence Schwartz, 500 Rhom- berg Avenue. Louis Anthoine, 119 West 6th Street. Merlin P. Michel, 330 Mai n Street. William E, O'Neill, 244 West 1st Street. Maurice H. Mellon, 1027 Rhom- berg Avenue. John H, Vorwald, 1900 Washing- ton Street. John J. and Marie Rettenmaier, 1100 Lincoln Avenue, CLASS "C" PERMIT Nicholas J, Kopp, 253 East 21st Street. Passed, adopted and approved this 4th day of February, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kalb moved t h e adoption of the resolution. Second- ed' by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, 'Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.22.51 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit, CLASS "B" PERMIT Name Address Joseph P, antis Bernice Hillard, 431 Rhomberg Avenue. Lawrence Schwartz, 500 Rhom- berg Avenue. Regular Session, February 4, 1957 77 Louis Anthoine, 119 West 6th Street. Merlin P. Michel, 330 Mai n Street. William E. O'Neill, 244 West 1st Street. Maurice H. Mellon, 1027 Rhomb- berg Avenue. John H, Vorwald, 1900 Washing- ton Street. John J. and Marie Rettenmaier, 110 Lincoln Avenue. CLASS "C" PERMIT Nicholas J. Kopp, 253 East 21st 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 4th day of February, 1957, CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. '' February 4, 1957 To the Honorable Mayor and City Council, IY- Dubuque, Iowa. Gentlemen; I herewith submit the attached sheets No. 1 to 22 inclusive show- ing aschedule of the proposed val- uations and proposed assessments for the City of Dubuque 1957 Bitu- minous Concrete Surfacing Project No, 1 Section I. Submitted February 4, 1957. K. J. Cullen ~ City Engineer RESOLUTION N0.23.51 Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That the attached sheets No. 1 to 22 inclusive a r e hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1 Section I, and the valuation set out -i therein are hereby approved. Adopted this 4th day of Feb- ruary, 1957, CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.24.51 Preliminary approval of propos- ed plans, specifications, form of Contract, plat, and all other docu- ments for the construction of the City of Dubuque 1957 Bituminous Concrete Surfacing Project No, 1 Section I 1. Angella Street from E, P. L, of Cox to E. P. L. of Lot 15 Quig- ley's Sub Out Lot 709. 2. Audubon Street from N. P. L. of Grandview to S. P. L, of Rose- dale Avenue. 3. Bunker Hill Street from S. P. L, of Clarke Drive to N. P. L. of Asbury Street. 4. Cherry Street from W. P. L. of Avoca Street to end of Cherry Street. 5. Decatur Street from W. P. L. of Rhomberg to E. P. L. of Lin- coln Avenue. 6. Fulton Street from E, P. L. of Monroe to E. P. L. of King Street. 7. Gilmore Street from S. P. L, of West Fifth to the end of Gilmore Stroet. 8. Greeley Street from S. P. L. of Broadway to east end of Gree- ley Street. 9. Monroe Street from S. P. L. of Broadway to alley west of Fulton Street, 10. Prescott Street from S. P. L. of Emerson to S, P. L, of Roose- velt Street. 11. Providence Street from N. P. L. of Johnson to S. P. L, of Staf- ford Street. 12. West 17th Street from E. P. L. of Cox to existing concrete on West 17th Street. 13. Solon Street from E. P. L, of Nevada to the W. P. L. of Alpine Street. !~~l 78 Regular Session, February 4, 1957 __ 14. East 85th Street from N. P. L. of Central to alley north of Elm Street. 15. Union Street from S. P, L. of Cleveland to the N. P. L. of Rush Street. 16. York Street from N. P. L. of Curtis Street to the S. P. L. of Dodge Street. Bituminous Concrete Surfacing of Municipal Parking Lots Section II -located at: 1. Fifth and Bluff Streets 2. Fourth and Iowa Streets 3. Tenth Street and Central Ave- nue. Note: E.R.L. - East Rroperty Line W.P,L, -West Property Line. N.P,L, -North Property Line S,P.L. - SoVth Property Line at an eYtimated cost on Section I of $72,015.41 and section II $11,- 453.01, presented and read. Council- man Welu moved the adoption of the resolution. Seconded by Coun• Gilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvementl RE$~04~UTi0N N0.25.57 W(iEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and nre now on file in the office of the City Clerk showing among o t h e r things the following: 1. The Assessment Limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assess- ed 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 con- struction and kind of material to be used for each section of the proposed improvement. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the City of Dubuque 1957 Bituminous Con- crete Surfacing Project No. 1. Section I 1. Angella Street frorp E. P. L. of Cox to E. P. L. of Lot 15 Quig- ]ey's Sub Out Lot 709. 2. Audubon Street frem N. P, L. of Grandview to S. P. L. of R4se- dale Avenue. 3. Bunker Hill Street from S. P. L, 4# Ctarke prive to N.F,L. of As- bury Street. ~. Cherry Street #rom W. P. L. of Avoca Street to end of Cherry Street. 5. Decatur Street from W. $, I,. of Rhamberg to E. P. L. of Lincoln Avenue. 6, Fulton Street from E. P. L. of Monroe to E. P, L, of King Street, 7. Gilmore Street from S. P. L. of West Fifth t4 the end of Gilmore Street. 8. Greeley Street from S. P. L. of Broadway to east end of Gree- ley Street. 9. Monroe Street from S. P. L. of Broadway to alley west of Ful- ton Street. 10. Prescott Street from S, P. L. of Emerson to S, P. L. of Roose- velt Street. 11. Providence Street from N. P. L. of Johnson t4 S. P. L. of Staf- ford Street. 12. West 17th Street from E. P. L. of Gbx to existing concrete on West 17th Street. 13, Solon Street from E, P. L. of Nevada to the W. P. L. of Al- pine Street. 14. East 85th Street from N. P. L. of Central to alley north of Elm Street. 15. Union Street fmm S. P. L. of Cleveland to the N. P. L, of Rush Street. 16. York Street from N. F. L, 4f Curtis Stroet to the S. P. L, of Dodge Street. Bituminous Concrete Surfacing of Municipal Parking Lats. Section II -located at: 1, Fifth and Bluff Streets. 2. Fourth and Iowa Streets. 3. Tenth Street and Central Ave- nue. Note-E.P.L.-East Properly Line W.P.L,~We# Pr4p4rty_Line $.p.L.-Sputh Property Line N.P.L.-[North property Line BE IT THEREFORE RESOLV- ED that the City Council an its awn motion or upon petition of property owners, deems it advisable apd ne- cassary for the public wel#are to make the herein meptioned im- provement, apd unless property owners at the time of the final con- Regular Session, February 4, 1957 79 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 ob- jections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifica- tions which have been prepared therefore 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 Section I of said improvement will be assess- ed upon and against all privately owned property lying within assess- able 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 there- to according to area and in propor- tion to the special benefits conferr- ed thereby, and any deficiency and cost and expense of Section II shall be paid out of the Street Fund k Parking Meter Fund or partly out of each of said funds. Street Improvement 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 as- sessment district shall be assessed to and paid by the railway com• pony, The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of February, 1957. Approved: ~. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the approval of the resolution, and or- dered placed on file for public in- spection for at least one week be• fore final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0.26.5I WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. ........ given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1. Section I 1. Angella Street from E. P. L. of Cox to E. P, L. of Lot 15 Quig- ley's Sub Out Lot 709, 2, Audubon Street from N, P. L. of Grandview to S. P. L, of Rose- dale Avenue. 3. Bunker Hill Street from S. P. L. of Clarke Drive to N, P, L. of Asbury Street. 4. Cherry Street from W. P. L. of Avoca Street to end of Cherry Street. 5. Decatur Street from W. P. L. of Rhomberg to E. P. L, of Lin- coln Avenue, 6. Fulton Street from E. P, L. of Monroe to E. P. L. of Kin g Street. 7. Gilmore Street from S. P. L, of West Fifth to the end of Filmore Street, 8. Greeley Street from S. P, L. of Broadway to east end of Gree- ley Street. 9. Monroe Street from S. P. L. of Broadway to alley west of Fulton Street. 10, Prescott Street from S. P. L. of Emerson to S. P. L, of Roose- velt Street. 11. Providence Street from N. P. L, of Johnson to S. P. L. of Stafford Street. 12. West 17th Street from E. P. L. of Cox to existing concrete on West 17th Street, 13. Solon Street from E. P. L, of Nevada to the W. P. L. of Alpine Street. 14. East 25th Street from N. P, L, of Central to alley north of Elm Street, 15. Union Street from S. P. L. of Cleveland to the N, P. L, of Rush Street, 16. York Street from N, P. L. of Curtis Street to the S. P, L, of Dodge Street. Bituminous Concrete Surfacing of Municipal Parking Lots. '1 I I 80 Regular Session, February 4, 1957 Section II -located at: 1. Fifth and Bluff Streets. 2, Fourth and Iowa Streets. 3, Tenth Street and Central Ave- nue. Note: E.P.L.-East Property Line W.P.L.-West Property Line S.P.L.-South Property Line N.P.L.-North Property Line and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLV- ED that on the 4th day of March 1957, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the propos- ed plans and specifications a n d proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of said improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ings to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fix- ed for its consideration and unless property owners at the time of fi- nal consideration of said resolution have on file with the Clerk objec- tions to the amount of the propos- ed assessment, they shall h a v e been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its fi- nal decision thereon. Passed, adopted and approved this 4th day of February, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Dove. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 4, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the attached sheets No. 1 to 3 inclusive showing a schedule of the proposed valua- tions and proposed assessments for the City of Dubuque 1957 Hot Mix- Hot Laid Asphaltic Concrete Sur- facing Project No. 1 Section I. Submitted February 9,1957, K. J. Cullen City Engineer RESOLUTION N0.21.51 Be It Resolved by the C i t y Council of the City of Dubuque: Section 1, That the attached sheets No. 1 to 3 inclusive are here- by determined to be the schedule of proposed assessments for the City of Dubuque 1957 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Project No. 1 Section I, and the valuation set out therein are here- by approved. Approved this 4th day of Feb- ruary, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.28.51 Preliminary approval of propos- ed plans, specifications, form of Contract, Plat, and all other docu- ments for the construction of City of Dubuque 1957 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Proj- ect No. 1. Section I 1. North Grandview Avenue from the N. P. L, of Dexter Street to Regular Session, February 4, 1957 81 the extension of the S. P, L, of Lot 74 of Woodlawn Park Addition. 2. North Grandview Avenue from the W. P. L. of Auburn Street to the S, P. L. of Clarke Drive. - City of Dubuque 1957 Hot Mix Lot Laid Asphaltic Concrete Sur- facing Project No, 1 Section II 1. North Grandview Avenue from the W. P. L. of Auburn Street to the intersection with Audubon Street. 2. Central Avenue from 32nd Street to the city limits. Note: E.P.L.-East Property Line W.P.L.-West Property Line N.P.L.-North Property Line S.P.L.-South Property Line at an estimated cost of Section I $13,226.87 and Section II $28,495.31, presented and read. Councilman Kolb moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0.29.51 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by,the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other (` things the following: ~ 1, The Assessment Limits. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be assess- ed 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 con- ~' struction and kind of material to be used for each section of the pro- posed improvement, 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the City of Dubuque 1957 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Proj- ect No. 1 Section I 1. North Grandview Avenue from ~ the N. P. L. of Dexter Street to the extension of the S. P. L, of Lot 74 of Woodlawn Park Addition. 2. North Grandview Avenue from the W. P. L, of Auburn Street to the S. P. L. of Clarke Drive. City of Dubuque 1957 Hot Mix- Hot Laid Asphaltic Concrete Sur- facing Project No. 1 Section II 1. North Grandview Avenue from the W. P. L, of Auburn Street to the intersection with Audubon Street. 2. Central Avenue from 32nd Street to the city limits. Note: E.P.L.-East Property Line W.P.L.-West Property Line N.P.L.-North Property Line S.P.L.-South Property Line BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this propos- ed resolution have on file with the City Clerk objections to the amount of the proposed assessments they shall be deemed to have waived all objections thereto. Said improvements shall 'be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making Section I of said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to 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 and cost and expense of Section II shall be paid out of the Street Fund. Street Improvement Bonds s h a 11 be issued and sold in anticipation of deferred payments of assess- ments 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 i i ~~ I' t~ llIl, I 1 i I 82 Regular Session, February 4, 1957 shall be assessed 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 4th day of February, 1957. Approved: CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KIlQTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the approval of the resolution and or- dered same placed on file for pub- lic inspection at least one week be• fore final adoption. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLTTION N0.30.51 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 28.57 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1957 Hot Mix-Hot Lai d Asphaltic Concrete Surfacing Proj- ect No. l Section I 1. North Grandview Avenue from the N.P.L. of Dexter Street to extension of the 5. P. L, of Lot 74 of Woodlawn Park Addition. 2. North Grandview Avenue from the W. P. L.of Auburn Street to the S. P, L. of Clarke Drive. City of Dubuque 1957 Hot Mix- Hot Laid Asphaltic Concrete Sur- facing Project No. 1 Section II 1. North Grandview Avenue from the W. P. L, of Auburn Street to the intersection with Audubon Street. 2. Central Avenue from 32nd Street to the city limits. Note: N.P.L.-North Property Line S.P.L.-South Property Line E.P.L.-East Property Line W.P.L.-West Property Line and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- meat has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLV- ED that on the 4th day of March, 1957, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection to the propos- ed plans and specifications and pro• posed form of contract and at the same time to the boundaries of the 'proposed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and be is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall 'be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of fi- nal consideration of said resolution have on file with the Clerk objec- tions to the amount of the propos- ed assessment, they shall h a v e been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its fi- nal decision thereon. Passed, adopted and approved this 4th day of February, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIlVTZINGER Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car• ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 4, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the attached sheet No's 1 to 15 inclusive show- Regular Session, February 4, 1957 83 ing a schedule of the proposed val- uations and proposed assessments for the City of Dubuque 1957 Con- crete Curb and Gutter Project No. 1, Section I. Submitted February 4, 1957. K. J. Cullen City Engineer RESOLUTION N0. 31.51 Be It Resolved by the C i t y Council of the City of Dubuque: Section 1. That the attached sheets No. 1 to 15 inclusive are hereby determined to be the sched• ule of proposed assessments for the City of Dubugue 1957 Concrete Curb and Gutter Project No. 1, Sec- tion Iand the valuation set out therein are hereby approved. Adopted this 4th day of February, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.32.51 Preliminary approval of p 1 a n s, specifications, form of contract, Plat, and all other documents for the construction of City of Dubuque 1957 Concrete Curb and G u t t e r Project No. 1. Section I 1. Audubon Street from S. P. L. of Lot 73 of Woodlawn Park Addi- tion to Rosedale Avenue. 2. Bunker Hill Street from the 5. P. L, of Clarke Drive to the N. P. L. of Asbury Street. 3, North Grandview Avenue (west side only) from the S. P. L. of Clarke Drive to the N. P, L. of Rosedale Avenue. 4. Keokuk Street from the N, P. L. of Primrose to the northerly end of Keokuk Street. 5. Lennox Avenue from E, P. L. of McPoland to the E. P, L. of Born Avenue and the S. P. L. of Pennsyl- vania Avenue. 6. Montana Street from S. P. L. of Wilbricht Lane to N. P. L. of Merfeld Lane. 7. Pennsylvania Avenue from W, P. L, of Chaney Road to the west city limits. 8. Prescott Street from S. P. L. of Emerson Street to S. P, L. of Roosevelt Street. 9. Solon Street from E. P. L, of Nevada Street to the W, P. L. of Alpine Street. 10. Wilbricht Lane from S. P. L. of Asbury Street to N. P. L. of Wil- bricht Place. 11. Woodlawn Street from N. P. L, of Asbury Street to the S. P. L. of Karen Street and from the N. P. L of Karen Street to the northerly end of Woodlawn Street. 12. York Street from N. P. L, of Curtis Street to S. P. L, of Dodge Street. City of Dubuque 1957 Concrete Curb and Gutter Project No. 1. Section II 1. North Grandview Avenue from S. P. L. of Clarke Drive (east side only) to the extended E. P. L, of North Algona Street, and from the extended E. P. L. of North Algona Street to the N. P. L, of Dexter Street. 2. West 3rd Street (south side only) from W. P. L. of B l u f f Street to the extended E. P. L, of Burch Street. 3. Pennsylvania Avenue widening from the N. P. L, of University Avenue to the extended E. P. L, of Lot 1 of 2 of Hyatt Place with 6" plain concrete surfacing with in• tegral curb, E.P.L.-East Property Line W.P.L.-West Property Line N.P.L.-North Property Line S.P.L.-South Property Line at an estimated cost of Section I $78,452.84 and Section II $41,808.15, presented and read. Councilman Schueller moved the adoption of the resolution. Seconded by Council- man Kolb. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 33.57 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre• i I, I~i. 84 Regular Session, February 4, 1957 pared and approved by the C i t y Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The Assessment Limits. 2, The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assess- ed 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 con- struction and kind of material to be used for each section of the propos- ed improvement, 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the City of Dubuque 1957 Concrete Curb and Gutter Project No. 1. Section I i. Audubon Street from S. P. L. of Lot 73 of Woodlawn Park Addi- tion to Rosedale Avenue. 2. Bunker Hill Street from the 5. P. L, of Clarke Drive to the N. P, L. of Asbury Street. 3, North Grandview Avenue (west side only) from the S. P. L, of Clarke Drive to the N. P. L. of Rosedale Avenue. 4, Keokuk Street from the N. P. L, of Primrose to the northerly end of Keokuk Street, 5. Lennox Avenue from E. P, L. of McPoland to the E. P. L, of Born Avenue and the S. P. L, of Pennsylvania Avenue. 6. Montana Street from S. P. L. of Wilbricht Lane to N. P. L. of Merfeld Lane. 7. Pennsylvania Avenue from W, P. L. of Chaney Road to the west city limits. 8. Prescott Street from S. P. L. of Emerson Street to S. P, L, of Roosevelt Street. 9. Solon Street from E. P. L, of Nevada Street to the W. P. L, of Alpine Street. 10. Wilbricht Lane from S. P. L. of Asbury Street to N. P. L, of Wil• bricht Place, 11. Woodlawn Street from N, P. L. of Asbury Street to the S. P. L. of Karen Street and from the N. P. L. of Karen Srreet to the northerly end of Woodlawn Street. 12. York Street from N. P. L, of Curtis Street to S. P, L, of Dodge Street. City of Dubuque 1957 Concrete Curb and Gutter Project No, 1. Section II 1. North Grandview Avenue from S. P. L. of Clarke Drive (east side only) to the extended E. P, L. of North Algona Street, and from the extended E. P. L. of North Algona Street to the N. P. L. of Dexter Street. 2. West 3rd Street (south side only) from W. P. L. of Bluff Street to the extended E. P. L, of Burch Street. 3. Pennsylvania Avenue widening from the W. P. L, of University Avenue to the extended E. P. L. of Lot 1 of 2 of Hyatt Place with 6" plain concrete surfacing with in- tegral curb. E.P.L.-East Property Line W.P.L.-West Property Line N.P.L.-North Property Line S.P.L.-South Property Line BE IT THEREFORE RESOLV- ED that the City Council on its own motion and 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 con- sideration of this proposed resolu- tion have on file with the C i t y Clerk objections to the amount of the proposed assessments, the y 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 Section I of said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to 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 and cost and expense of Section II shall be paid out of the Street Fund. Street Improvement Bonds shall be issued and sold in antici- pation of deferred payments of as- Regular Session, February 4, 1957 85 sessments 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 dis- trict shall be assessed 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 4th day of February, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the approval of the resolution and or- dered that same be placed on file for at least one week for public in- spection. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. (Fixing date of hearing) RESOLUTION N0.3451 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 32-57 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic inspection, for the City of Du- buque 1957 Concrete Curb and Gut- ter Project No. 1 Section I 1, Audubon Street from S. P. L. of Lot 73 of Woodlawn Park Addi- tion to Rosedale Avenue. 2. Bunker Hill Street from the S. P. L. of Clarke Drive to the N. P. L. of Asbury Street. 3. North Grandview Avenue (west side only) from the S. P. L, of Clarke Drive to the N. P. L. of Rosedale Avenue. 4. Keokuk Street from the N. P. L. of Primrose to the northerly end of Keokuk Street. 5. Lennox Avenue from E. P, L. of McPoland to the E. P, L, of Born Avenue and the S. P. L, of Penn• sylvania Avenue. 6. Montana Street from S. P, L. of Wilbricht Lane to N. P. L. of Merfeld Lane. 7. Pennsylvania Avenue from W. P. L, of Chaney Road to the west city limits. 8. Prescott Street from 5. P. L. of Emerson Street to S. P. L, of Roosevelt Street. 9. Solon Street from E. P. L. of Nevada Street to the W. P. L, of Alpine Street, 10. Wilbricht Lane from S. P. L. of Asbury Street to W. P, L. of Wil- bricht Place. 11. Woodlawn Street from N. P. L. of Asbury Street to the S. P. L. of Karen Street and from the N. P. L, of Karen Street to the northerly end of Woodlawn Street, 12. York Street from N. P. L. of Curtis Street to S. P. L. of Dodge Street. City of Dubuque 1957 Concrete Curb and Gutter Project No. 1. Section II i. North Grandview Avenue from S. P. L, of Clarke Drive (east side only) to the extended E, P. L, of North Algona Street, and from the extended E. P. L. of North Algona Street to the N. P. L. of Dexter Street. 2. West 3rd Street (south side on- ly) from W. P. L. of Bluff Street to the extended E. P. L. of Burch Street. 3. Pennsylvania Avenue widening from the N. P, L. of University Avenue to the extended E. P. L. of Lot 1 of 2 of Hyatt Place with 6" plain concrete surfacing with in- tegral curb. E.P.L.-East Property Line W.P.L.-West Property Line N.P.L.-North Property Line S.P.L.--South Property Line and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLV- ED that on the 4th day of March, 1957, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at 86 Regular Session, February 4, 1957 the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Dubuque, the last of which shall be not less than two (2) nor m o r e than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear• ing the Council will hear such ob- jections and enter on record its fi- nal decision thereon. Passed, adopted and approved this 4th day of February, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.35.57 Resolution Approving Plat of Metropolitan Heights. Whereas there has been filed with the City Clerk a plat in which Lot 1 of Lot 2 of the Southwest fractional quarter of the Southwest quarter of Section 6, Township 88 North, Range 3 east of the 5th P, M., and Lot 1 of the Southeast Quarter of the Southeast Quarter of Section One, Township 88, North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, is platted as Lots 1 to 24 inclusive of "Met• ropolitan Heights" in D u b u q u e County, Iowa; and Whereas said plat has been ex- amined by the City Plan Commis• sion and' had its approva'1 endorsed thereon; Whereas said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto, NOW THERE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 4th day of February, A.D. 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. January 15, 1957 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: Mr, Les Harney, Chairman of the Dubuque Airport Commission, has advised this office that Ben C, Ar- quitt, former lessor of the Base Operators Building located upon the Muncipal Airport, during the month of December, 1956, vacated said premises. In so vacating, it is alleged that certain articles of per- sonalty belonging to the City of Dubuque and contained within the terms and conditions of a Bill of Sale executed' by Ben C. Arquitt to the City of Dubuque on January 9, 1956, were removed and are in the possession of Ben C. Arquitt. The value of said personal property is fixed at $590.00. Demand has been made for reimbursement by Mr. Arquitt, but payment has been re- fused, It is therefor respectfully rec- ommended that a Resolution be Regular Session, February 4, 1957 87 passed authorizing the City Attor- ney's office to institute legal action for the recovery of said property or its value and further authorizing the Mayor of the City of Dubuque to sign the Petition for and on be- half of the said City. Respectfully submitted, R. M. Czizek Asst. City Solicitor Councilman Kolb moved that the recommendation of the Asst. City Solicitor be approved, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.36.51 WHEREAS, information has been received by the City Council of the City of Dubuque that certain arti- cles of personal property belonging to the City of Dubuque have been removed from the Municipal Air- port of the City of Dubuque without authority or compensation there- for; and WHEREAS, by virtue of such re- moval, the City of Dubuque has been damaged in the sum of ap- proximately Six Hundred Dollars ($600,00), which said sum repre- sents actual value of said personal property; and, WHEREAS, demand has been made upon Ben C. Arquitt for the restoration of said property or the payment to said City for the loss thereof; and WHEREAS, all efforts to negoti- ate said matter have been in vain; and, WHEREAS, it has been recom- mended by the City Attorney's of- fice that an action be instituted' for the recovery of said property or its value: NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa that the City Attorney be and 'he is hereby au- thorized to institute appropriate le- gal action for the recovery of said property or its value gainst Ben. C. Arquitt, and that the Mayor be and he is hereby authorized to exe- cute the necessary papers, includ- ing the signing of the Petition for and on behalf of the City of Du- buque, Iowa. Passed, adopted and approved this 4th day of February, 1957, CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Page 71 RESOLUTION N0.31.51 A Resolution accepting the plat of Richards Subdivision and estab- lishing Andrew Court, B e 11 m a n Street and Boyer Street as public streets. WHEREAS, Andrew J. Richard has submitted to the City Council for approval a plat in which Lot 1 of Lot 2 of Mineral Lot 350; Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 349; and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Mineral Lot 349 in the City of Dubuque, Dubuque County, Iowa, are platted as Lots 1 to 30 inclusive of Richard's Subdivision; and WHEREAS, the Planning and Zoning Commission has endorsed its approval on said plat; and' WHEREAS, there appears on said plat certain streets to be known as Andrew Court, Bellman Street and Boyer Street, w h i c h streets have been graded and have water and sewer mains installed therein but have not been curbed or surfaced; and WHEREAS, said plat dedicates said streets together with certain easements for public utilities to the public; and WHEREAS, the City Council has examined said plat and determined that the same should be approved subject to certain terms and condi- tions hereinafter set forth. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: Section 1, That the plat of Rich- ard's Subdivision be and the same is hereby approved and Andrew 8$ Regular Session, February 4, 1957 Court, Gellman Street and Boyer Street as the same appear thereon be accepted add established as public streets. Section 2. That the sewer and water mains now Located in said streets be and the same are here- by accepted as public mains and that the easements for public uti1- ities as the same appear on said plat be and the same are accepted, Section 9. That the Mayor and and City Clerk be and they are hereby authorized to endorse the ae1,.,,~al of the City of Dubuque on said plat on condition that the said Andrew J. Richard, by acceptance of this Resolution secured by ade- quate security approved by t h e City Manager, agree to install the following improvements at his own expense prior to November 1, 1958: (a) To surface Andrew C o u r t, Bellman Street and Boyer Street as the same appear on said plat thir- ty feet in width with 2'A" bitumin• ous concrete surfacing with 6" sta- bilized base stone and seal coat. (b) To construct concrete curb and gutter on Andrew Court, Bell• man Street and Boyer Street. (c) To install storm sewers in accordance with plans heretofore submitted to the City Engineer. (d) To agree to maintain said improvements for the following pe- riods Mtime: The sanitary sewer mains for a period of 2 years from the date of this resolution, The street surfacing and curb and gutter for a period of 4 years froth the date of completion and ae- ceptance. The storm sewers for a period of 2 years from the date bf comple• tion. Section 4. That in the event the said Andrew J, Richard shall fail within thirty days from the date of the adoption of this resolution, to accept the terms of this resolution and provide ade0uate security for the performance thereof, then, in that event, this resolution and the approval of said plat shall be void and of ho effect. Passed; adopted and approved this 4th day of February, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Acceptance of RESOLUTION N0.31.51 Andrew J. Richards having ex- amined the foregoing resolution and being familiar with the terms thereof hereby accepts the same and agrees to perform the work de- scribed is Section 3 thereof prior to November 1, 1958. Dated at Dubuque, Iowa, Feb- ruary 4th, 1957. Andrew J. Richard I hereby certify that I have ex- amined the security for the per- formance of the terms of the fore- going resolution and the same is approved. Dated at Dubuque, Iowa, Feb• ruary 23, 1957. L. J. SCHILTZ, City Manager There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Bove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Leo F, Frommelt City Clerk Approved ....................................1957. Adopted ......................................1957. Councilmen ...................................... Attest : .................................................... City Clerk Special Session, February 28, 1957 89 ' CITY COUNCIL (OFFICIAL) Special Session, February 26, 1957. Council met at 4:30 p.m. Present-Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Mayor Dove. Mayor Dove read the call and stated that service thereof had been duly made and that this meet- ing is called for the propose of adopting resolutions for the relo- cation of certain sections of High- way No. 61 and No. 151 within the city. February 26, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A resolution has been presented to the City for approval of the im- provement of U.S. Highway No. 61 and U.S. Highway No. 151 within the City of Dubuque. The resolution authorizes chan- ges in Resolution No, 37.56 pass- ed March 6, 1956, as follows: ' (3) (a) The Council agrees that t speed limit signing erected on the part of highway included under the above project will specify respec- tively, Northbound 55 miles per hour from Sta. 105+ 90.2 to Sta. 150+00. 45 miles per hour from Sta. 155 +00 to Sta. 165+00 adjacent to Southern Avenue. 35 miles per hour from Sta. 165 +DO to Sta, 178+71 Southbound 35 miles per hour from Sta. 178 +71 to Sta. 164+50 (at Southern Avenue) ~ 55 miles per hour from Sta. 164 +50 to Sta. 105+902 (b) Any changes in the speed' limits agreed to above will be au- thorized only after approval has been secured from the Highway Commission. (4) The Council agrees to the changes in storm sewer and addi- tional pavement widening specified for the proposed paving project and to increase the reimbursement spe- cified in paragraph No. 7 of reso- lution signed March 6, 1956, by the following: Sta. 163+84" 2000-D Storm Sew• er app. 70 Lf Sta. 163+ Manholes, 10' 2 ea. Sta. 163+ 15" 2000-D Storm Sew- er app. 62 Lf Sta. 163+ RT. to Sta. 167+ RT. 15" 1500-D Storm Sewer app. 300 Lf Sta. 163+ RT, to Sta. 167+ RT. 15" 2000-D Storm Sewer app. 120 Lf Sta. 174+ RT, to Sta. 179+ 15" 1500-D Storm Sewer app. 522 Lf (5) The Council agrees to in- creasing from 8' to 10', the parking lane width specified in paragraph No. 9 of resolution signed March 6, 1956, The quantities required for the IO' width are estimated as follows: Portland cement concrete pave- ment app. 1301 sq. yds, (6) The Council will by onlinance prohibit parking of any nature from Sta. 166+50 Rt, to Sta. 178+ 71 Rt., also prohibit left turns on Locust Street at the Southern Ave- nue and Railroad Street intersec• tions. A single line of parallel park- ing will be permitted from Sta. 166+50 Lt. to Sta. 178+71 Lt. Upon completion of the project, the Council agrees that - (a) Upon receipt from the High- way Commission of a list of drive- ways and entrances provided for access under the above improve~ went specified as Project Number U-UG-17 (7), said list will be re- corded under a supplemental ordi- nance. I have reviewed these changes and recommend that the Council not approve: 1, The speed limits of 35 miles per hour from Station 165 + 00 to Station 178+71, This speed, it is felt, is excessive in this residential area and along a recreation area. 2. That the 84" storm sewer and two 10 foot manholes sho~rld be paid for by the state as it is on the intergal part of the highway. We requested that this size sewer be installed under the highway be- cause the existing sewer is not ade- quate for future use, but could be connected to the existing city storm sewer. 3. The street widening fora park- ing lane from 8 #eet to 10 feet is 90 Special Session, February 26, 1957 not necessary, and if the state re- quests awider pavement it should pay the additional cost. 4. The elimination of left turns on Locust Street at Southern Ave- nue and Railroad Street intersec- tion would create confusion a n d disrupt our truck routes through the City. The other sections of the resolu- tion would' be in order and are ap- propriate. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu moved that the recommendations of the City Man- ager be approved. Seconded by Councilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kolb moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Mr. Cyril Wissel, chairman of the highway and rural roads com- mittee and Milton S. Englebrecht, Secretary of the Chamber of Com- merce both addressed the Coun- cil voicing their approval of the Council's action. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Leo F, Frommelt City Clerk Approved .................. 1957 Adopted ................... 1957 Councilmen ...................................... Attest :....................... . City Clerk, llegular Session, March 4, 1957 91 CITY COUNCIL (OFFICIAL) Regular Session March 4, 1957. Council met at 7:30 P.M. Present-Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Dove states that this is the regu- lar monthly meeting of the City Council for the purpose of acting upon such business as may proper- ly come before the meeting. ORDINANCE NO. 1457 An Ordinance establishing North Grandview Avenue and Changing the Names of Certain Streets to provide therefor, said Ordinance was passed upon first reading Feb- ruary 4, 1957, and ordered placed on file with the City Clerk for pub• lic inspection for final adoption, was presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 14.57 An Ordinance Establishing North Grandview Avenue and Changing the Names of Certain Streets to provide therefor. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That "Grandview Ave- nue Extension" as the same hoe been constructed under the plan and speci- fications approved by Resolution No. 35-55 be and the same is hereby es- tablished as a public street to be known as "North Grandview Avenue;" Section 2. That the name of Audu- bon Street from its southerly terminus to the extension of the south prop- erty line of Lot 74 in Woodlawn Park Addition be and the same is hereby changed to North Grandview Avenue; Section 3. That a strip of ]and 60 feet in width through lot 1 of Lot 79, Lot 78, Lot 77, Lot 2 of Lot one of Lot 76, Lot 125, Lot 124, Lot 126, Lot 127, and Lot 128, all in Wood- lawn Park Addition, as the came has been laid out on plane prepared by the City Engineer and submitted to the City Council be and the same is hereby established as a public street to be hereafter known as "North Grandview Avenue;" Section 4. That the name of Rose- dale Avenue from its intersection with the alley first east oY Atlantic Street to its intersection with Avoca Street, be and the same is hereby changed to "North Grandview Avenue;" Section 5. That the name of Avoca Street from its intersection with Rose- dale Avenue to its northerly terminus be and the same is hereby changed to "North Grandview Avenue;" Section 5. That North Grandview Avenue be and the same is hereby widened to include Lot A of Lot 1 of Lot 1 of Lot 179 and part of Lot 5 of Lot 179, both in Woodlawn Park Addition; Section 7. That upon the adoption and publication of this Ordinance the City Clerk be and he is hereby auth- orized and directed to record a cer- tified copy thereof in the office of tha County Recorder of Dubuque County, Iowa, in the manner pra- vlded by law. Section 8. This Ordinance shall be in full force and effect from and after Its final passage, adoption and publi- cation as by law provided. Introduced the 4th day of February, 1957. Rule requiring reading on three separate days suspended by unani- mous vote the 4th day of February 1957. Passed, adopted and approved this 4th day of March 1967. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Attest: Councilmen Leo F. Frommelt. City Clerk Published officiany in the Tele- graph-Herald Newspaper this 8th day of March 1967. LEO F. FROMMELT, lt. 3/8 City Clerk Councilman Schueller moved the adoption of the Ordinance, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cast of improvements for the "City of Dubuque 1957 Concrete Curb and Gutter Project No, 1," Section I, 1. Audubon street from S, P. L. of Lot 73 of Woodlawn Park Addi- tion to Rosedale Avenue. 2. Bunker Hill Street from the S.P.L. of Clarke Drive to N.P.L, of Asbury street. 3. North Grandview avenue (west side onlq) from the S.P.L. of Clarke Drive to the N.P.L. of Rosedale avenue. 4. Keokuk Street from the N.P.L. of Primrose to the northerly end of Keokuk street. 5. Lennox avenue from E. P. L. of McPoland to the E. P. L, of Born avenue and the S. P. L, of Pennsylvania avenue, 6. Montana street from S. P. L. of Wilbricht Lane to N. P. L. of Merfeld Lane. 7. Pennsylvania avenue from W. P. L. of Chaney Road to the west Clty 11m1tS. 8. Prescott street from S. P, L. of Emerson street to S. P, L, of Roose- velt street. 9. Solon street from E. P. L. of Nevada street to the W. P. L, of Alpine street.