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1957 March Council Proceedings90 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 fotlowing 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. Cyrit 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. 1{egular 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 came before the meeting. ORDINANCE N0. 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, vas presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE Na. 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 oP Dubuque, Iowa: Section 1, That "Grandview Ave- nue Extension" as the same has been constructed under the plan and apeci- 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 oY Lot 79 in Woodlawn Park Addition be and the same is hereby changed to North Grandview Avenue; Section 3. That a strip of land 50 feet in width through lot 1 of Lot 79, Lot 78, Lat 77, Lot 2 oY Lot one of Lot 76, Lot 125, Lot 124, Lot 126, Lot 127, and Lot 128, all in Wood- lawn Park Addition, as the same has been laid out on plans prepared by the City Engineer and submitted to the Clty Council be and the same to hereby established as a public street to be hereafter known as "North Grandview Avenue;" Section 4. That the name oY Rose- dale Avenue from its intersection with the alley first east of Atlantic Street to its intersection with Avoca Street, be and the same is hereby changed to "North Grandview Avenue;" Section 5. That the name oY 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 6. That North Grandview Avenue be and the same is hereby widened to include Lot A oY 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 fe hereby auth- orized and directed to record a cer- tified copy thereof in the office aP the County Recorder of Dubuque County, Iowa, in the manner pro- vided by law. Section 8. This Ordinance shall be in full Porce and effect from and after Ito final passage, adoption and publi- cation as by law Drovided. 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 9th day of March 1957. CHARLES E. DOVE, Mayor CLARENCE P, WELU RAY F, KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Attest: Councilmen Leo F. Frommelt. City Clerk Published officially in the Tele- graph-Herald Newspaper this 8th day of March 1957. LEO F, FROMMELT, it. 3/8 Clty 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 cost 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 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. I.. 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 ]lmlt8. 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. 7 92 Regular Session, March 4,197 10. Wilbricht Lane from S. P. L, of Asbury street to W. P. L of Wilbricht 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. 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 st>•eet to the extended E. P. L, of Burch street. 3. Pennsylvania avenue widening from the N. P. >a of University avenue to the extended E. P. L. of Lot 1 of 2 of Hyatt Place with 6" plain concrete surfacing with integral 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 assessed cost of $66,511.54, presented and read. Councilman Welu moved that the proof of publication be re• ceived and filed. Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 27, 1957 To the Honorable Mayor and City Council, Gentlemen: The improvement of Bunker Hill Street from Clarke Drive to Asbury Street is included in our 1957 Street Construction Program. This street is only platted 20 feet wide in this location and in order to construct the street to a proper width it is necessary to acquire 20 feet of additional property on one side of the street because of the location of a house too close to take the same amount off each side. I have contacted the owners that would be affected and have been unable to negotiate with all of them for the acquisition of the property needed for widening. It is recommended that this street be deleted from the 1957 street construction program. Very truly yours, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Communication of Merlyn Dig- man, objecting to the construction of curb and gutter and street sur- facing of Prescott and Emerson street, as per information as pub• lisped in the Telegraph Herald under date of November 30, 1956, presented and read. Councilman Welu moved that the petition be overruled. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Laverne A. & Gertrude Wersinger objecting to curb and gutter and street surfac- ing of Bunker Hill road, presented and read. Councilman Kintzinger moved that the communication be received and filed. Seconded by . Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Koib, Schueller, Welu. Nays-None. Petition of Leo W. Winter et ai protesting to the proposed improve- ment of Bunker Hill Drive from the south property line of Clarke Drive to the North property line of Asbury street with concrete curb and gutter and surfacing, pro sented and read. Councilman Kint- zinger moved that the communi- cation be received and fited. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Merlyn Digman et al, objecting to the proposed im- provements on Emerson and Pres- cott streets, presented and read. Mr. Digman was advised that no improvements on Emerson street Regular Session, March 4, 1957 93 are in the current street program under discussion. Councilman Welu moved that the petition objecting to the proposed improvements of Prescott street be overruled. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Estelle Ahlers, objecting to the assessment of her property on Solon street, as being too high, on the proposed improve- ments, presented and read. Coun- cilman Welu moved that the ab- jection be overruled. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Gordon W. Kindberg et al, signed by a group of prop- erty owners living on Rosedale " from Algona to Avoca protesting the proposed assessment for street surfacing of Rosedale, presented and read. Councilman Kintzinger moved that the petition be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Gertrude M. Merritt objecting to the surfacing and curb and gutter proposed im- provements on Rosedale street, presented and read. Councilman Kintzinger moved that the com- munication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, 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, relative to the proposed improvements of various streets with curb and gut- ter and surfacing, which are pres- ently being considered. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Mr. Gordon Kindberg, Louis Aus- tin, Harold Demkier, Mrs. John Palmer, Bert Rowell and Mrs. Rob- ert Rowell all addressed the Coun- cil objecting to the assessment of surfacing. They all seemed to be of the opinion that the City would stand the cost of the surfacing be- ing under the impression further that the extension of North Grand• view avenue would not be assessed against the property owners along the route, when you consider the fact that the extension is a civic improvement to relieve congested traffic from the downtown area. After considerable discussion City Manager Schiltz recommended that the property owners on the south side of the street from Avoca to Atlantic streets on Rosedale be assessed for a thirty foot street, Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.38.57 Resolution amending Resolution No, 33.57. Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That Resolution No. 33.57 being the Resolution of Ne• cessity for the City of Dubuque 1957 Concrete Curb and Gutter Project No. 1, Section 1, be and the same is hereby amended by delet- ing the following portions of the following named streets therefrom: Bunker Hill from the S. P. L, of Clarke Drive to the N. P. L. of As- bury street. Passed, adopted and approved this 4th day of March, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LE0 N. SCHUELLER CHARLES A, KINTZINGER Councllmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu 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. 94 Regular Session, March 4, 1957 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im• provements. RESOLUTION N0.39.57 Whereas, proposed plans and specifications and form of contract for the City of Dubuque 1957 Con- crete Curb and Gutter Project No. 1. Section I 1. Audubon Street from S. P. L. of Lot 73 of Woodlawn Park Ad- dition to Rosedale Avenue. 2. North Grandview Avenue (west side only) from the S. P. L. of Clarke Drive to the N. P. L. of Rosedale Avenue. 3. Keokuk Street from the N. P. L. of Primrose to the northerly end of Keokuk Street. 4. Lennox Avenue from E. P. L. of McPoland to the E. P. L, of Born Avenue and the S. P. L. of Pennsylvania Avenue. 5. Montana Street from S. P. L. of Wilbricht Lane to N. P. L. of Merfeld Lane. 6, Pennsylvania Avenue from W. P. L, of Chaney Road to the west city limits, 7. Prescott Street from S. P. L. of Emerson Street to S. P. L, of Roosevelt Street. 8. Solon Street from E. P. L. of Nevada Street to the W. P. L. of Alpine Street. 9. Wilbricht Lane from S. P. L. of Asbury Street to W. P. L. of Wilbricht Place. 10. 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 north- erly end of Woodlawn Street. 11. York Street from N. P. L. of Curtis Street to S. P. L. of Dodge Street. 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 widen- ing 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 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im• provements, said time being this 4th day of March, 1957; and Whereas, the City Council met in regular session this 4th day of March, 1957, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby aodpted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Regular Session, March 4, 1957 95 n Councilman Kintzinger moved 9. Wilbricht Lane from S. P. L. the adoption of the resolution. Sec- of Asbury Street to W. P. L. of owded by Councilman Schueller. Wilbricht Place. Carried by the following vote: 10. Woodlawn Street from N. P. Yeas-Mayor Dove, Councilmen L, of Asbury Street to the S. P. L. Kintzinger, Kolb, Schueller, Welu. of Karen Street and from the N. P. Nays-None, L, of Karen Street to the northerly (Necessity for Improvement) end of Woodlawn Street. RESOLUTION N0.33.51 11. York Street from N. P. L, of Whereas, proposed plans specifi- Curtis Street to S. P, L, of Dodge , cations, form of contract, plat and Street. schedule have been duly prepared Section II and approved by the City Council 1. North Grandview Avenue from of the City of Dubuque and are S. P. L. of Clarke Drive (east side now on file in the office of the City -only) to the extended E. P. L. of Clerk showing among other things North Algona Street, and from the the following: extended E. P. L, of North Algona 1. The Assessment Limits. Street to the N, P. L. of Dexter 2. The streets to be improved. Street. 3. The width of such improve- 2. West 3rd Street (south side ment. only) from W. P. L, of Bluff Street 4. Each lot proposed to be as- to the extended E, P. L. of Burch sessed together with a valuation Street. fixed by the council. 3. Pennsylvania Avenue widening 5. An estimate of the cost of the from the N. P. L. of University proposed improvement stating the Avenue to the extended E. P. L. of , same for each different type of Lot 1 of 2 of Hyatt Place with 8 construction and kind of material plain concrete surfacing with in- to be used for each section of the tegral curb. proposed improvement. E. P. L.-East Property Line 6. In each case the amount there- W. P. L: West Property Line ~' of which is estimated to be assessed N. P, L,-North Property Line against each lot, for the City of S. P. L. -South Property Line '~ Dubuque 1957 Concrete Curb and ~ It Therefore Resolved that Gutter Project No. 1. the City Council on its own motion Section I or upon petition of property own- ers, deems it advisable and neces- 1. Audubon Street from S. P. L, sary for the public welfare to make of Lot 73 of Woodlawn Park Addi- the herein mentioned improve- lion to Rosedale Avenue, ment, and unless property owners 2. North Grandview Avenue at the time of the final considera- (west side only) from the S. P. L. lion of this proposed resolution of Clarke Drive to the N. P. L. of have on file with the City Clerk Rosedale Avenue, objections to the amount of the 3, Keokuk Street from the N. P, proposed assessments, they shall L, of Primrose to the northerly end be deemed to have waived all ob• of Keokuk Street, jections thereto. 4. Lennox Avenue from E. P. L. Said improvements shall be con- of McPoland to the E. P. L. of strutted and done in accordance Born Avenue and the S. P. L, of with the plans and specifications Pennsylvania Avenue. which have been prepared there- 5. Montana Street from S. P. L. fore by the City Engineer which of Wilbricht Lane to N. P. L, of have been approved by the City Merfeld Lane. Council and are now on file with 6. Pennsylvania Avenue from W. the City Clerk. That the cost and P. L, of Chaney Road to the west expense of making said improve~ city limits. ment will be assessed upon 7. Prescott Street from S. P. L. of and against all privately owned Emerson Street to S, P. L. of Roose- property lying within assessable velt Street. distance provided by law and in 8. Solon Street from E. P. L. of an amount not to exceed the Nevada Street to the W. P. L. of amount provided by law, property Alpine Street, will be assessed whether the same ~~~ ~~,~ ,ti~ ;, .u ~~: 96 Regular Session, March 4, 1957 abuts thereon or is adjacent there- to according to area and in pro• portion to the special benefits con- ferred 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• potion of deferred payments of as• sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion 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 pPaced on file with the City Clerk this 4th day of February, 1957. RECORD OF FINAL ADOPTION The foregoing resolution was fin- ally passed and adopted, by the City Council this 4th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGEA Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0.40.51 Be It Resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces• sity No. 33.57 which was duly passed by this Council, far 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. North Grandview Avenue (west side only) from the S. P. L. of Clarke Drive to the N. P. L. of Rosedale Avenue. 3. Keokuk Street from the N. P. L, of Primrose to the northerly end of Keokuk Street. 4. 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. 5. Montana Street from S. P. L. of Wilbricht Lane to N. P. L, of Merfeld Lane. 6. Pennsylvania Avenue from W. P. L, of Chaney Road to the west city limits. 7. Prescott Street from S. P. L. of Emerson Street to S. P. L. of Roosevelt Street. 8. Solon Street from E. P. L, of Nevada Street to the W. P. L. of Alpine Street, 9. Wilbricht Lane from S. P. L. of Asbury Street to N. P. L, of Wil- bricht Place. 10. 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 north- erly end of Woodlawn Street. 11. York Street from N. P. L. of Curtis Street to S. P. L. of Dodge Street. 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 Al- gona Street to the N, P, L. of Dex- ter 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 widen- ing 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. I..-East Property Line W, P, L.-West Property Line N. P. L.-North Property Line S. P. L.--South Property Line be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners, All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of Section I for the said improvements be paid for by levying special assessments against the privately owned prop- Regular Session, March 4, 1957 g7 ertq lying within the assessable dis- tance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency and cost and expense of Section II will be paid out of the Street Fund. Payment will be made to the con- tractor out of funds realized from the sale of bonds as provided by law after the work has been com- pleted and accepted by the City Council, Be It Further Resolved that the City Clerk be and he is hereby or• dared and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before 200 calendar days after notice to pro• ceed is issued. Passed, adopted and approved this 4th day of March, 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 Kintzinger, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Weiu. 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 spec• ifications, form of contract and cost of improvements for City' of Dubuque 1957 Bituminous Con- crete Surfacing Project Na. 1 on the following streets. Section I 1. Angella Street from E. P. L. of Lot 15 Quigley'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 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 to the end of Gil- more street, 8. Greeley street from S. P. L. of Broadway to east end of Greeley 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 to S. P. L. of Sfaf• 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. 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 tots Located At: Section II 1, Fifth and Bluff streets 2, Fourth and Iowa streets 3. Tenth street and Central ave• nue 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 assessed cost of $72,015.41, presented and read. Councilman Welu moved that the proof of publication be received and filed, Seconded by Council- man Kolb, Carried by the foIlowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Howard F. O'Brien et ai, objecting to resurfacing of Greeley street with Bituminous 98 Regular Session, March 4, 1957 Concrete surfacing, presented and read. Councilman Welu moved that the petition be overruled. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. No oral objectors present in the Council Chamber relative to the surfacing of Greeley street. March 4, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: After reviewing the objections to the proposed improvement of Greeley Street with Bituminous Concrete Surfacing, I recommend that the easterly 45.5 feet of Gree- ley Street be deleted from the pro- gram and that the easterly assess- ment limits be established by the easterly property line of Lots 33 and 17 of King's Grove Addition, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 41.51 Resolution amending Resolution No. 25-57 Be It Resolved by the City Coun- cil of the City of Dubuque; Section 1. That Resolution No. 25.57 being the Resolution of Ne- cessity fro the City of Dubuque 1957 Bituminous Concrete Surfac- ing Project No. 1, Section 1, be and the same is herby amended by de- leting the following portions of the following named streets there- from: Street Beginning Point Terminal Point Bunker Hill from S. P. L. of Clarke Drive to N. P. L. of Asbury Street. Easterly 45.5 feet of Greeley Street (easterly assessment lim- its be established by the easterly property line of Lots 33 and 17 of King Grove's Addition) Passed, adopted and approved this 4th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZDVGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kintzinger m o v e d the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Decision of Council upon obiec• Lions to plena, specifications, form of contract and cost of im• provements. RESOLUTION N0. 42.51 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1957 Bit- uminous Concrete Surfacing Proj- ect No. 1 Section 1, 1. Angela 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. Cherry Street from W. P, L. of Avoca Street to end of Cherry Street. 4. Decatur Street from W. P, L. of Rhomberg to E. P. L. of Lincoln Avenue. 5, Fulton Street from E. P. L. of Monroe to E, P. L. of Kin g Street. 6. Gilmore Street from S. P. L. of West Fifth to the end of Gil- more Street. 7. Greeley Street from S. P. L. of Broadway to west lot line of Lot 16 King Grove Add. 8. Monroe Street from S. P. L. of Broadway to alley west of Ful- ton Street, 9. Prescott Street from S. P. L. of Emerson to S. P. L. of Roose- velt Street. 10. Providence Street from N. P. L. of Johnson to S. P. L. of Staf- ford Street, 11, West 17th Street from E. P. L, of Cox to existing concrete on West 17th Street. 12. Solon Street from E. P. L, Regular Session, March 4, 1957 99 of Nevada to the W. P.L. of Alpine Street. 13. East 25th Street from N. P. L. of Central to alley north of Elm Street, 14. Union Street from S. P. L. of Cleveland to the N. P. L, of Rush Street. 15, 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 C e n t r a l Avenue 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 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 4th day of March, 1957; and WHEREAS, the City Council met in regular session this 4th day of March, 1957, at 7:30 o'clock P.M M, at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and propos- ed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein describ- ed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of cast said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 4th day of March, 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 b 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. (Necessity for Improvement) RESOLUTION N0, 25.5I 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, 4. Each lot proposed to be as- sessed together with a valuation fixed by the council, 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used, for each section of the proposed improvement, 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1. Section i. 1. Angela 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. Cherry Street from W. P. L. of Avoca Street to end of C h e r r y Street. 4. Decatur Street from W. P. L. of Rhomberg to E. P, L, of Lin- coln Avenue. 5. Fulton Street from E. P. L. of Monroe to E. P. L, of King Street, 6. Gilmore Street from S. P, L. of West .Fifth to the end of Gil- more Street, 100 Regular Session, Mare 4, 1957 7. Greeley Street from S. P. L. of Broadway to west lot line of lot 16, King Grove Add. 9. Prescott Street from S. P. L. of Emerson to S. P. L. of Roose- velt Street. 10. Providence Street from N. P. L. of Johnson to S. P. L. of Stafford Street. 11. West 17th Street from E. P. L. of Cox to existing concrete on West 17th Street. 12. Solon Street from E. P. L. of Nevada to the W. P. L. of Alpine Street. 13. East 25th Street from N, P. L. of Central to alley north of Elm Street. 14, Union Street from S. P. L. of Cleveland to the N. P. L. of Rush Street. 15. 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. E.P.L.-East Property Line W.P.L.-West Property Line S.P.L.-South Property Line N.P.L.-North Property Line BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City 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 asses- sable distance provided by 1 a w and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any defici- ency and cost and expense of Sec- tion II shall be paid out of the Street Fund & Parking Mete r Fund or partly out of each of said funds. Street Improvement Bonds shall be issued and sold in antici- pation of deferred payments of as- sessments when a contract h a s 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. Record of Final Adoption The foregoing resolution was fi- nally passed and adopted by the City Council this 4th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. 5CHUELLER 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. (Ordering Construction) RESOLUTION N0. 43.57 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 25.57 which was duly passed by this Council, for the City of Du- buque 1957 Bituminous Concrete surfacing project No. 1, Section I 1. Angela Street from E.P.L. of Cox to E.P.L. of Lot 15 Quigley's Sub Out Lot 709. 2. Audubon Street from N.P.L. of Grandview to S.P.L. of Rosedale Avenue. 3. Cherry Street from W.P.L. of Avoca Street to end of Cherry Street. Regular Session, March 4, 1957 101 4. Decatur Street from W.P.L of Rhomberg to E,P,L. of Lincol Avenue. 5. Fulton Street from E.P.L, o Monroe to E,P.L. of King Street. 6. Gilmore Street from S.P.L. of West Fifth to the end of Gilmore Street. 7. Greeley Street from S.P.L. of Broadway to west lot line of Lot 16 King Grove Add. 8. Monroe Street from S.P.L. of Broadway to alley west of Fulton Street. 9. Prescott Street from S.P.L. of Emerson to S.P,L, of Roosevelt Street. 10. Providence Street from N.P. L. of Johnson to S.P.L. of Stafford Street. 11. West 17th Street from E.P.L, of Cox to existing concrete on West 17th Street. 12. Solon Street from E.P.L, of Nevada to the W,P.L, of Alpine Street. 13. East 25th Street from N.P.L. of Central to alley north of Elm Street. 14, Union Street from S.P.L, of Cleveland to the N.P.L. of Rush Street. - 15. 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 Av- enue. E.P.L: East Property Line W.P.L: West Property Line S.P.L.~outh Property Line N.P.L: North Property Line be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con• strutted in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of Section I of the said improvements be paid for by levying special assessments against the privately owned prop- erty lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and n in proportion to the special bene• fits conferred, and any deficiency f and cost & expense of Section II will be paid out of the Street & Parking Meter Fund. Payment will be made to the contractor out of funds realized from the sale of bands as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 70 calendar days after no- tice to proceed is issued. Passed, adopted and approved this 4th day March, 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 Kintzinger moved the adoption of the resolution, Sec- onded by Councilman Kolb. 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 Pen- dency of Necessity for Public im- provements and Hearing upon pro• posed plans and specifications, form of contract and cost of im- provements for the construction of City of Dubuque 1957 Hot Mix-Hot Laid Asphaltic Concrete Surfacing project 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 Addi- tion. 2. North Grandview Avenue from the W.p,L, of Auburn Street to the S.P.L. of Clarke Drive, Section II 1. North Grandview Avenue from the W,P,L, of Auburn Street to the intersection with Audubon Street. ~~ 102 Regular Session, March 4, 1957 2. Central Avenue from 32nd Street to the city limits. at an estimated assessed cost of $12,374.32. E.P.L.-East Property Line W.P.L.-West Property Line N.P.L.-North Property Line S.P.L.--South Property Line presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Decision of Council upon objec• Lions to plans, specifications, - form of contract and cost of im• provements. RESOLUTION N0. 44-57 - Whereas, proposed plans and specifications and form of contract for the City of Dubuque 1957 hot- - mix-hot laid asphaltic concrete sur• facing project No. 1. ' Section I 1. North Grandview Avenue from - the N.P.L, of Dexter Street to the extension of the 5.P.L. of __ Lot 74 of Woodlawn Park Addi- tion. 2. North Grandview Avenue from = the W.P.L. of Auburn Street to the S.P,L. of Clarke Drive. 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. N.P.L.-North Property Line S.P.L.-South Property Line _ W.P.L.-West Property Line E.P.L.-East Property Line have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 4th day of March, 1957; and Whereas, the City Council met in regular session this 4th day of March, 1957, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of March, 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. (Necessity for Improvement) RESOLUTION N0. 29-57 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now 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 improvement. Regular Session, March 4, 1957 103 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used, 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1957 hot-mix hot-laid asphaltic concrete sur- facing project 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 Ad- dition. 2. North Grandview Avenue from the W.P.L, of Auburn Street to the S.P,L. of Clarke Drive. 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. N.P.L.-North Property Line S.P.L.-South Property Line W.P.L.-West Property Line E.P.L.-East Property Line Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- saryfor the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said 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 own- ed 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 adja• cent thereto according 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 anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of February, 1957. Record of Final Adoption The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 4th day of March, 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. (Ordering Construction) RESOLUTION N0. 45.57 Be It Resolved by the City Coun• cil of the City of Dubuque that pur- suant to a resolution of necessity No. 29.57 which was duly passed by this Council, 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. Section II 1. North Grandview Avenue from the W.P,L. of Auburn Street to the intersection with Audubon Street. 104 Regular Session, March 4, 1957 2. Central Avenue from 32nd Street to the city limits. N.P.L.-North Property Line S.P.L.-South Property Line E.P.L.-East Property Line W.P.L. West Property Line be and the same are hereby or- ~dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the host and expense of Section 1 of the said improvements be paid for by levying special assessments against the privately owned prop- erty lying within the assessable dis• tance from the improvements, whether such property abut upon the same or are adjacent thereto according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency and cost and expense of Section II will be paid out of the Street Fund. Payment may be made to the con• tractor out of funds realized from the sale of bonds as provided by law after the work has been com- pleted and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 30 calendar days after the notice to proceed is issued. Passed, adopted and approved this 4th day of March, 1957. CHARLES E. DOVE' Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Cauncihnen Attest; LEO F. FROMMELT, City Clerk Councilman Schueller 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. Communication of Iowa State Highway Commission submitting contract in which the Highway Commission agrees to reimburse the City for a sum not to exceed $12,302.70 when the surfacing has been completed on the extension of U. S. No. 52 on Central avenue, presented and read. CONTRACT This Agreement, made and en- tered by and between the Iowa State Highway Commission, con- sisting of the following members: Robert K, Beck, Melvin Gorham, Chris Larsen, Emery Loomis, and Russell F. Lundy, party of the first part, and the City of Dubuque, consisting of the folllowing Coun- cilmen and Mayor: C. P. Welu, Charles A. Kintzinger, Ray F. Kolb, and Leo N. Schueller, Councilmen and Mayor, Charles E. Dove. Party of the second part. Whereas, It is deemed necessary to resurface with asphaltic con- crete, the extension of U. S. 52 on Central Avenue in the City of Dubuque from a point 56 ft. north of the north property line of 32nd Street to the north corpora- tion line, a distance of 791 ft., and Whereas, If the City of Dubuque, party of the second part, will pre• pare the necessary plans and speci- fications, let the contract, super- vise construction and accept the asphaltic concrete resurfacing and incidental work as completed in accordance with the plans and specifications, the Iowa State High- way Commission, party of the first part agrees to reimburse the City of Dubuque a sum not to exceed $12,302.70 when such work has been completed and sa certified by the City Engineer. In Witness Whereof, The parties hereto have set their hands for .the purposes herein expressed to this and two other instruments of like tenor. First party as of Feb. 20, 1957 and Second party as of February 15, 1957. Iowa State Highway Commission First Party Robert K. Beck, Chairman City Council of Dubuque, Iowa Second Party Charles E. Dove Mayor Lea F, Frommelt City Clerk _, llegular Session, March 4, 1957 105 Councilman Welu moved that the contract be made a matter of record. Seconded by Mayor Dove. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, February 21, 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 January as well as list of claims and list of payrolls for which war• rants were issued for the month of January, 1957. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the reports be received and filed. Sec- onded by Councilman Schueller. 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 during the month of January 1957, pre- sented and read. Councilman Kolb moved that the proof of publica- tion be received and filed. Second- ed by Councilman Kintzinger, Car• ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 27, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Carr Adams & Collier Jobbing Division for per- mission to extend a portion of their office building roof over the side- walk at 30 South Locust Street was referred to the City Manager for investigation and report. Upon investigation it was found that the building had been con- structed before Locust Street was widened and the overhang was not noticeable. When the street was widened and sidewalks constructed the roof overhung the sidewalk, The overhang is similar to a cano• py and has been authorized in other locations provided the city is protected by proper insurance coverage. I recommend that the petition be granted and proper proceedings prepared provided that the City is relieved of any liability in con- nection with this overhang, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved and that proper proceedings be drawn. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays--.None. March 4, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and request your approval an same for filing, subject to the approval of the City Solicitor: EXCAVATION George A. Saffron, D/B/A Saf- fron Construction Co., Policy No. CLP 112.31717, American Surety Co. of New York. Russell A. Schueller, D/B/A Schueller and Company, Policy No. CLP 112.31723, American Surety Co. of New York. Dubuque Excavating Company, Policy No. CL 838009, Bituminous Casualty Corporation. BLASTING George A. Saffran, Bond No. 12- 530.429, American Surety Co. of New York. HEATING O'Neill Fuel & Heating Co., West• ern Surety Company. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the bonds and policies be placed on file subject to the approval of the City Solicitor. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. II 108 Regular Session, March 4, 1957 March 1, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Dubuque cab operators asking for an adjustment in taxicab rates was referred to the City Manager to investigate and report back to the City Coun- cil. I have reviewed the rates and ordinance of Waterloo, Cedar Rap- ids, Sioux City, Davenport, Council Bluffs and Rockford, lllinois, and find that all cities require meter cabs except Davenport which has a zone rate. Most fares on meters range from a minimum of 35c for the first one-half mile and lOc for each additional one-half mile to 45c for the first one-half mile and lOc for each additinoal one-half mile with 25c for additional passen- gers. All rates in the above cities are at least 20% above those rates proposed by the taxicab companies. In establishing the zone rates the short rider is not subsidizing the long rider and in my opinion is fair, If it is necessary for a cab to pick up a passenger in the outer zone who desires to go to another location in this zone, the fare would be 80c for one passenger. This would seem proper because the distance a cab must travel to pick up the passenger would be greater in most cases than travel in the inner zone. There has been instances where the first person ordering a taxicab has complained that others were picked up without consent of the first passenger. I would recommend that a provision be put in the or- dinance that the first person or- dering ataxicab shall have the right to direct whether or not oth- er persons shall be allowed to ride in said cab at the same time and it shall be the duty of the driver to obtain the consent of such per- son before accepting other pas- sengers for transportation. Another provision that would be desirable is the issuance of a re- ceipt if requested by a person pay- ingfor the hiring of a taxicab. This receipt should give the owners name, drivers name and license number, taxicab license number and the items for which charges are made. In order to insure good opera- tion of taxicabs within the City closer control should, in my opin- ion, be exercised in granting li- tino for a taxicab license an in- vestigation should be made to determine the need for such transportation, taking into ac- count the number of operators licensed, the number of taxicabs in operation, the need for additional taxicabs, the effects on traffic, fitness of the applicant and wheth- er or not the public interest would be better served by granting the license. The following rates are in my opinion fair and are considerably lower than in any other city of equal size or larger. Rates in Inner Zone (a) For one passenger including ordinary luggage~5c. (b) For two or more passengers to and including five passengers within this zone and including the passengers ordinary luggage- 85c. (c) Where two or more passeng- ers board a taxicab at the same place from that place to any place in the same zone, the first pas- senger alighting shall pay 65c and for each other passenger 40c as he leaves the cab at his destina- tion. (d) Where passengers are picked up at different locations and go to different destinations, the fare for each passenger wiIl be the same as for a single person~5c. Rates in Outer Zone (a) For a passenger from the out- er zone to another part of this zone or from this zone to the inner zone or from the inner zone to this zone, including such passeng- ers ordinary luggage, the fare shall be 80c. (b) For two or more passengers to and including five passengers from one part of the outer zone to another or from the outer zone to the inner zone or the inner zone to the outer zone, the fare shall be $1,00. (c) Where two or more passen- gers board a taxicab at the same place and from that place to any other part in the zone or to another zone, the first passenger alighting shall pay 80c and each other per- liegular Session, March 4, 1957 107 son shall pay 40c as he leaves the cab at his destination. The attached map shows the di- visions between the outer and inner zone in the City of Dubuque. It is my recommendation that after the City Council studies these suggestions that the City Solicitor be instructed to draw up a proper ordinance for these revisions. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Welu moved that the recommendation of the City Manager be approved and that proper proceedings be drawn. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 4, 195? To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am attaching herewith the au- dit of the City Water Department as is required in the Ordinance covering the $1,500,000.00 issue of Water Revenue Bonds Series 1955. Respectfully submitted, L. J, SCHII.TZ, City Manager Councilman Kalb moved that the audit be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Wd4u. Nays-None. Communication of Iowa State De- partment of Health granting per- mit Na. 57.18.5 for the construc- tion of sewers in the Dubuque In- dustrial Park, Area B, subject to certain conditions, presented and read. Councilman Kolb moved that the communication be received ilnd filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, WeIu. Nays-None. REPORT OF DUBUQUE DOCK COMMISSION FOR 1956 To the Honorable City Council City Manager Board of Dock Commissioners Dear Sirs: In March 1956 our good friend John Kerper passed away, after a lingering illness. He was a staunch supporter of waterway develapraent and served as Secretary and then as President of the Dubuque Dock Com- mission, since its inception, and then later as Manager. His sound advice and counsel will be missed in waterway circles. Records of the American Waterways Operators Inc., show that freight tonnage an the principal inland waterways increased 10% on a general average in 1956 over 1955, This not withstanding, the steel strike and prolonged low water near .the junction of the Mississippi and Illinois Rivers. The Upper Mississippi River tonnage increased 6%, 1957-Prospects are bright. Barge Lines and Towing Companies predict that -they will equal their 1956 traffic gains and .that a 20 per- cent increase of water borne commerce is possible, barring strikes, low water and a shipyard ,tie up because of steel shortages. If shipyards can get their steel, building program for 1957 will ap- proach close to a billion dollars. Practicallq every marine repair and ipyard is busy repairing and building new and modernized ,tow boats, rges, ,tankers, etc. The coal, steel, oil and chemical industries alone have increased their water borne facilities enormously and continued expansion is under way. During 1956 we handled with our own equipment 24,000 N .tons of sulphur, equivalent of 600 carloads of 40 tons each. Following tonnage was received by industries on leased ground on which wharfage was paid: Interstate Power Ca .............................158,000 Sinclair Refining Co ............................... 62,000 Inland Molasses Co ................................. 31,000 251,000 Tons 108 regular Session, March 4, 1957 Equivalent to 8,257 carloads of 40 tons each. An increase of ap• proximately 6% aver 1955. 925 cars were handled by our rail tracks in 1958, as follows: 388 cars were switched by our own trackmobile in sulphur movement. 537 cars were switched by rail carrier on which a truck use charge was collected. Owing to the illness of dredge operator, Dick Hoerner, our dredge operations was severely handicapped, until a new operator was trained. After removal of the dike behind the Interstate Power Co, we dredged out the silt and sandbar at the Interstate Power Company's coal unload- ing dock and the north end of the 7th St. Harbor. We contemplate considerable more dredging behind the Gas Ca. and 12th St., this spring. Dredge then moved to the mouth of the Ice Harbor, above Terminal Dock, where considerable muck was encount- ered. After equipping the dredge with a sand sucker we hit sand which was dredged into rear of terminal building. This, when com- pleted, will make additional leasable land for industry. Dredge is being rehabilitated this year, pontoons repaired, pipe painted, etc. So i~t will be in shape for early operations of all projects. We received 8513 cu. yards of rock and dirt from the City's 9th St. Extension project, which was hauled to river front south of Sinclair Re- fining Co. This too will make additional valuable leasable land when completed. Ail water front rental space for boats, floats, boat houses, etc., was collected. For the first time in many years, boat house owners in the Ice Harbor paid their rent. In addition we leased water front footage to River Excursions Inc., (H. B. Miller) at the foot of East First Street. Totai collections including Pure Oil Co. ($3,449.54). The development of the Dubuque Industrial Park on Ham's Island is progressing rapidly, according and even ahead of schedule. The dredg- ing itself has been completed but the dredging contractor still has the slopes of fihe banks to finish off, the leveling of the site ~to complete and other incidental work. The Hawthorne Street storm sewer has been completed and con- tracts let on the extension ~of the Roosevelt Street storm sewer. A storm sewer in "Little Chicago" has been completed. Plans are being completed for the new Lake Peosta Highway, the additional storm sewers, the sanitary sewers, the piling and boat well in the new pleasure boat harbor. Seeding of the boat harbor has been completed. Stone riprap along the Hawthorne Street drive on the Mississippi River bas been completed and the balance of the stone riprap along the Lake Peosta Channel is being worked on. The new Lake Peosta Channel has a depth of 25 to 35 feet It is expected that all the contsrrction work on this project will be completed by the fall of 1957. Up to Jan. 1, 1957, the following amounts have been expended for construction: Dredging ........................................................$739,146.75 Hawthorne St. Storm Sewer ...................... 36,087.00 Little Chicago Sewer .................................. 4,043.66 Riprap Contract ............................................ 36,005.28 Surfacing Access Roads .............................. 1,796,72 Water Main Pipe .......................................... 47,500.00 ~ Boat Harbor Seeding Slopes and Surfacing Driveway ............................ 18,750.62 East 18th St, Culvert..,.....•• ........................ 5,117.37 Boat Harbor has been leased to Dubuque Marina Inc., and con- struction of service building has been started by lessee, Rent for first year 'has been paid. During 1956, the Board of Dock Commissioners held 29 regular meetings. In addition the individual Commissioners held approximately 40 informal conferences, with the Engineers, City Officials and Busi- nessmen. It looks like a busy year ahead for all concerned, in furthering the prospects for industrial expansion. Regular Session, March 4, 1957 109 A copy of the year end financial statement sho i i w ng disbursements is attached. ncome and Respectfully submitted, BOARD OF DOCK COMMISSIONERS. C. E. Kiesele , Manager. DEPARTMENT OF PUBLIC DOCKS RECEIPTS December 31, 1956 RECEIPTS To Date To Date Last Year Sale of Wood ..................................... $ for Year ................... .............. Geo. Hird .............................................................. 909.05 $ 405.82 300 00 Dubuque Tank Terminal .................................... 4,102,15 , 1 517 78 Eldon Miller ..............................•......•.......•.......... 720.00 River Front Rentals , . 720.00 ............................................ 2,226.12 Warehousing Terminal .................•..................., 12,216.29 746.10 10 097 98 Dubuque Storage &Transfer .............................. 3,668.98 , . 3 347 22 Taxes ...................................................................... 39,033.56 Sinclair Oil Ca , . 39,101.01 ...........•..,...• .....................•............ 3,353.59 Virginia Carolina Chemical 3,600.52 ................................ 3,100.00 Pure Oil Ca 2,100.00 ..........• ....................... . ......................:. 650.00 Dubuque Sports Bowl 650.00 ....................................... 5.07 Bartels & McMahan ................................. 120 00 50.00 ........... . Interstate Power Co 120.00 .............................•............... 7,885.84 Jacobson Steel & Supply Co . 5,171.43 . ........................... ...., Dubuque Tank Terminal Esc ~••~• 1,500.00 . • ......................... Sale of Junk 500.00 .......................................................... 192.14 Western Contracting Co ..... 359.29 ...........•........•......... •••••• •••• Insurance Refunds 26,500.00 .............................................. 139.89 Interest and Premium Bonds 11.78 .................. „ 11,821.45 ..... 2,03223 ..................................................... ...... Insurance Damage Claim ................................ 59 00 5.00 . Interstate Power Co. ......................................... 25 00 ~ •°••• °•• . LaCrosse Dderging Corp, 00 ..~ .....................•........... 650 "'°• °•• . Dubuque Marina, Inc. ....,.......• ........................... 1,000.00 93,042.13 98,836.16 Cash on Hand First of Month ............................$60 352 28 , . Receipts .................................................................. 3,295,87 Expenditures .........• ...............•............................,.,. 5,905.21 Cash on Hand End of Month ................... ....... 57,742,94 r ....,. December 31, 1956 Expended Expended Year far Expended Budget Month Date Last Year Item 153 A Dock Operation Salary Engineer ....................$...,,........... $ $ ,..,..,....... ..........,..... $ Travel ........• ............................. 300.00 ..,...,....... 889.33 Maintenance 95.00 344.42 ........................•.., 245.00 .............. 257,81 Material & Supplies ................ 1 000 00 47.65 , . .,....,.....,, 33.30 Insurance ................................ 900.00 513 41 50,54 753 51 . Traffic Association .............. 300.00 ..,.........,. 300.00 I1~provements . 300.00 ........................ 200.00 ....•......... Miscellaneous """""""° ° ••••••••••••••••••.•.•.. 975.00 690.75 4,820.11 •••••••••~••~• 3,963.96 3,920,00 690.75 6,813.96 5,555.08 Item 153 B Dredge Operation Salary Engineer .............. .... . ............... • .............. . ............. Salaries Operators ................ 8,000.00 .............. 3,801.52 30.00 2 345 05 Wages Laborers ...................... 11,680.00 .............. 4,887.72 Maintenance & Repairs .....,.. 2 000 00 3624 , . 3,873.00 , . 5,144.85 Material & Supplies .............. 4,000.00 21.51 2 554 48 351.25 911 38 , . Electric Power ........................ 7,000.00 423.33 2,697.67 Marine Insuranc . 3,066.27 e .................. 1,000,00 625.00 625.00 ~;~ 1 i i f I .~ ~II'~ 110 Regular Session, March 4, 1957 Workmen's Compensation Ins. 1,500.00 .,. Miscellaneous ........................ 500.00 ... Dredge Rebuilding ................ 26,500.00 .,. 62,180.00 Item 153 C River Front Improvement Salary Machine Operators.... 4,000.00 Wages Laborers .................... 2,150.00 Trucking .................................. 100.00 Equipment .............................. 1,000.00 Tools ........................................ 500.00 Material & Supplies .............. 4,750,00 12,500.00 Item 153 D Terminal Operation Terminal Operator ................ 4,0(10.00 Terminal Laborers ................ 6,000.00 Office Help .............................. 4,000.00 Equipment .............................. 4,000.00 Maintenance ............................ 1,000.00 Material & Supplies ................ 2,000.00 Insurance ................................ 1,350.00 Improvements ........................ 1,650.00 24,000.00 Transfer of Funds .................................. 102,600.00 ........... 321.02 481, 08 19, 899.42 11, 522.97 838,16 2,544.04 1,297,46 918.40 5,337.75 2,953,20 .............. 995.00 1,475.00 .............. 151.84 ................ 537.00 4,672.86 2,201.03 2,293.56 13,701.49 7,926.69 .............. 2,744.10 2,698.85 .............. 4,804.24 6,318.59 433.33 5,099.96 3,166.66 1,637.60 3,150.00 2,500.00 101.03 1,035.09 1,295.23 267.86 6,573.36 2,805.73 .............. 1,437.46 1,868.42 .............. 9,683.53 6,320,04 2,439,82 34,527,74 26,973,52 .............. 13,853.68 ..,..,..,....... 5,905.21 88,796.29 51,978.26 December 31 , 1956 Accounts Payable Inland Waterways Corporation ..............................$.,.............. $29.601,55 Paid from Dec,, 1951 to Dec. 31, 1956 ................ 15,650.00 15,650.00 Balance Due ................................ 13,951.55 Algonquin Chemical Co. Now U, S. Chemical Co .............................:..................... ................ 14,671.49 Paid on Tonnage Oct. 2, 1952 to Dec. 31, 1956 .................................. 6,337.29 6,337.29 Balance Due ................................ 8,334.20 BOARD OF DOCK COMMISSIONERS CITY OF DUBUQUE, IOWA ;2,000,000 Bond Issue Financial Statement Dec. 31, 1956 BONDS SOLD $2,000,000.00 Receipts Expenditures Interest on U. S. Investment Bonds 11-30.55 ..........................$ 2,737.78 12- 3.55 .......................... 1,368.89 12.13.55 .......................... 592.90 2.15.56 .......................... 2,017,41 2.16.56 .......................... 684,78 2.17-56 .......................... 3,358.52 3-16.56 .......................... 285.71 4- 3.56 .......................... 65.57 7-10.56 Int. Transfer.. 13,853.68 8.16.56 Dock Com....... 2,000.00 8.16-56 .......................... 2,000.00 8.16.56 .......................... 2,000.00 8-16-56 .......................... 2,000.00 Election ........................$ 1,169.44 Office ............................ 3,450.45 Property Purchase...... 73,859.90 Engineering ................ 45,779.84 Dredging ...................... 739,146.75 Hawthorne St. Sewer.. 36,087.00 Little Chicago Sewer..., 4,043.66 Rip-raping .................... 36,005.28 Surfacing Access Roads ........................ 1,796.72 Water Main Pipe......,. 47,500.00 Boat Harbor-Seeding Slopes & Surfacing 188.18 Regular Session, March 4, 1957 111 11.16.56 .......................... 11.17-56 3,250.00 Driveways ................ 18,750.62 .......................... Other Income 1,625.00 East 16th St. Culvert,.., 5,117.57 Sales Tax Refund....,... 326.26 U. S. Bonds if held to Maturity Sales Tax Refund........ 45.59 .................... Accrued Interest...... 800,000.00 2 014 70 Mettel Realty & Inv. ..,. , . Co . .............................. 20.00 Total ..........................$2,038,232.09 Total $1,814,721.93 Cash Balance ..............................$223,510.16 BOND ACCOUNT Investment Bonds Matured Invesfinenf Bonds Purchased 12.13.55 ..........................$ 100,000,00 (Now Redeemed) 3.16.56 .......................... 200,000.00 413-56 .......................... 100,000.00 8.16-56 .......................... 200,000.00 8-16.56 .......................... 400,000.00 Total ..........................$1,000,000,00 Total..,.......................$1,000,000.00 Councilman Kolb moved that .the report be received and made a matter of record, Seconded by Councilman Welu, Carried by the fallow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 28, 1957 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; In accordance with the provisions of the Code of Iowa, 1954, the Civil Service Commission conducted an entrance examination on February 20, 1957, for those seeking positions of Garage Me- chanic. The following are the names of those who passed the written examination with an average of 70% or better. Name Average Arthur Boardman ................73 4/7% Wilfred Hemmer ................73 4/7% Karl E. Miller ....................711/7% Respectfully submitted, LOUIS J. LAGEN, Chairman E. B. LYONS, J. A. CAREW, Members of Civil Service Commission Attest: LEO F. FROMMELT, City Clerk Subscribed and sworn to before me, a Notary Public, this 28th day of February 1957. (Seal) Geraldine L. Jenni Notary Public Councilman Kolb moved that the communication be made a matter of record. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 28, 1957 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of the Code of Iowa, 1954, the Civil Service Commission conducted an entrance examination on February 20, 1957, for those seeking positions of Assistant En• gineer at the Water Pumping Sta- tion. The following are the names of those who passed the written ex- amination with an average of 70% or better. Name Average Paul E. Bodish ......................88a/4% R. F. Schwartz ............................88% James David Cox ....................87s/a% Ralph B, Schultz ....................76'x% Lavern N. Friedlein ..................72% Eugene E. Lange ..................70,9% Respectfully submitted, LOUIS J. LAGEN, Chairman E. B. LYONS, J. A. CAREW, Members of Civil Service Commission Attest: LEO F. FROMMELT, City Clerk Subscribed and sworn to before me, a Notary Public, this 28th day of February 1957. (Seal) Geraldine L. Jenni Notary Public Councilman Kolb moved that the communication be made a matter of record. Seconded by Council- 112 Regular Session, March 4, 1957 man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Aove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays^None. Council proceedings for the months of November and Decem- ber 1956, presented for approval. Councilman Kintzinger moved that the proceedings be approved as printed. 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 Henry Heyer, in an unnamed amount, for per- sonal injuries received as the re- sult of a fall on the sidewalk lo• Gated on the southwesterly side of Humboldt street on February 1, 1957, presented and read. Council- man Kolb moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Ernest J. Buchet of 2278 University, request- ing re-imbursement for the cost of eye glasses which were broken in a fall on an icy crosswalk on I,oras avenue, on February 15,1957, presented and read. Councilman Kolb moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays--None, Notice of claim of Clem Flecken- stein of 749 Berkley Place, in the amount of $20 for a new tits which was ruined as the result of a pointed piece of cinder piercing the tits which was allegedly placed there in the process of cindering the street on February 16, 1957, presented and read. Councilman Welu moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-Nana. Notice of claim of Maynard Gar• taw of 480 College street, in the amount of $26.17 for a new tits which was damaged on February 9, 1957, as the result of striking a hole in the pavement on W. 3rd & Booth street, presented and read. Councilman Kolb moved that the claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Herbert Sin- hold of 510 Almond street, in the amount of $225, for loss of wages incurred as the result of a fall on a defective sidewalk at 1935 Ellis street on January 24,1957, present- ed and read. Councilman Kolb moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 8, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Alice M. Clark, 1775 So. Grandview Avenue, and find that Mrs. Clark fell on a defective sidewalk on No- vember 6th, 1956, fracturing her left foot and that she was unable to work because of the cast on the foot for a period of six weeks, and sustained medical and dental ex- penditures in the amount of $208. I have discussed this claim with Mrs. Clark and she has agreed to accept $508.00 in full settlement of her claim. I recommend that the settlement be approved and the Auditor in- structed to issue a warrant payable to Alice M. Clark in the amount of $808.00 and deliver the same upon receipt of a properly executed re• lease. Sincerely, T. H. Nelson Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and trie Auditor instructed to draw a war- rant payable to Alice M. Clark, in Regular Session, March 4, 1957 113 the amount of $808 and deliver the same upon receipt of a prop- erly executed release in full set- tlement of the claim. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 18, 1957 Hon. Mayor and Members of the City CouncIl, City of Dubuque, Iowa Gentlemen: I have examined the claim of Otto F. Miller for injuries sus- tained in a fall January 2nd, 1957 on a defective sidewalk at 440 West Locust Street, Dubuque and find the defect existed as claimed and that Mr. Miller sustained medical expense in the amount of $27.50. I recommend the claim be al- lowed in this amount and that the Auditor be instructed to issue a warrant payable to Otto F. Miller in the amount of $27,50 and deliver the same upon receipt of a properly executed release, Respectfully, T. H. Nelson Councilman Schueller moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war• rant payable to Otto F. Miller, in the amount of $27.50, and deliver the same upon receipt of a prop- erly executed release in full set- tlement of the claim. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. February 19, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: This is to advise you that the claim of Aloys Radabaugh for a fall on an icy sidewalk January 7th, 1957 has been paid by the abutting property owner. Enclosed is a copy of the re- lease for your file. Respectfully, T. H. Nelson Councilman Welu moved that the communication be received and filed. Seconded by Councilman Kintzinger. Carried by the fallow- ing vote: Yeas--Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Proof of publication certified to by the Publisher, of Notice of Hear- ing on Ordinance No. 15.57 amend- ing the Zoning Ordinance from a single family residence District to Two Family District Classification on Lots 7 to 27 in Oakland Park Addition, Lots 6 to 13 in Grays Sub- division and Lot 5 of Mount Pleas- ant Addition, presented and read. Councilman Kolb moiled that the proof of publication be received and filed, Seconded by Councilmen Welu. Carried by the following vote: Yeas-Mayor Dove, Councllmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Gene Schilling et al, requesting to refrain from the re- zoning of the Wood street area north of Loras Blvd. from a single family to a two family district and that their names be withdrawn from the original petition, present- ed and read. Mrs. Roae Jansen ad- dressed the Council seeking infor- mation if there were any reasons mentioned in the petition of ob- jection filed by Gene Schilling and others, No specific objections were mentioned, and in view of the fact that the property owners that signed the original petition in fa- vor of the rezoning of the area also were signers an the petition of objection, Councilman Welu moved that the petition of ob- jection be overruled. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 15.57 An Ordinance Amending Ordi- nance No. 3.34, known as the Zon- ing Ordinance and Zoning Map changing the Zoning classification of certain herein described lots, said ordinance having been passed upon first reading on February 4, 1957, and ordered placed on file with the City Clerk for public in- spection pending public hearing On March 4, 1957, was presented for final adoptiott. (Official Publication) ORDINANCE Na. 15.57 An Ordinance Amending Ordinance No. 3-34, known as the Zoning Or- dinance and Zoning Map, changing ~1 ~', ~~ I 1 ' '' 114 Regular Session, March 4, 1957 the zoning classification of certain herein described lots. Be It Ordained by the Clty Council of the City of Dubuque, Iowa, as fol- lows: Sectton 1. That Ordinance No. 3- 34, known as the Zoning Ordinance and Zoning Map of the City of Du- buque, be and the same ie hereby amended by changing from Single Family Residence District Classifica- tion to Two Family Residence Dis- trict Classification, the following de- scribed property in the City of Du- buque, Iowa, to-wit: Lots 7 to 27, inclusive, in Oakland Park Addition; Lots 6 to 13, inclusive, in Gray's Subdivision; Lot 5 of Mount Pleasant Addition. Section 2. 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, 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 Tele- graph-Herald Newspaper this 8th day of March, 1957. LEO F. FROMMELT, It 3-8 City Clerk Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of the Telegraph Herald stating that they have no objections to vacation of that por- tion of the easterly end of Robin- son avenue which does not now comprise a part of Ninth street provided they are afforded an op- portunity to negotiate for the pur- chase of same, presented and read. Councilman Welu moved that the communication be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 16.57 An Ordinance Vacating portions of Sumner street, Garfield Avenue, Beach street, West Ninth street, and Mills street in the City of Du- buque, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Car- ried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, 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, ORDINANCE N0. 16.57 An Ordinance Vacating Portions of Sumner Street, Garfield Avenue, Beach Street, West Ninth Street, and Mills Street in the City of Du- buque. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Sumner Street from Beach Street to Peoata Street, be and the same to hereby vacated; Section 2. That Beach Street from the west line of Lot 337A in Ham's Addition, west to Rhomberg Avenue, be and the same la hereby vacated; Section 3. That Garfield Avenue from Hawthorne Street to Front Street, in Ham's Addition, be and the same is hereby vacated. Section 4. That the South 20 feet of West Ninth Street from Bluff Street westerly, a distance of 230.6 feet, be and the same is hereby va- cated; Section 5. That Mills Street from Bunker Hill Street to Montana Street be and the same is hereby vacated. Section 6. That the City Clerk be and he is hereby authorized and di- rected to record a certfified copy of this Ordinance in the office of the County Recorder of Dubuque County. Iowa; Section 7. This Ordinance shall be 1n full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introduced the 9th day of March, 1957. Rule requiring reading on three sep- arate days suspended by unanimous vote the 9th day of March, 19b7. Passed, adopted and approved this 9th day oP March, 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 Tele- graph-Herald Newspaper this 8th day of March, 1957. LEO F. FROMMELT, 1t 3-8 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. Petition of Alvin Schroeder et aI requesting construction of a sani- tary sewer on Hickson street, pre- sented and read. Councilman Welu Regular Session, March 4, 1957 115 moved that a plat and schedule be prepared along with other streets that are being considered for sani- tary sewers. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Betty Kaune et al requesting the erection of a street light on a section of Edith street between Burden avenue and Bruns- wick street, presented and read. Councilmen Welu moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report, Sec- anded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Lorenz Heying et al requesting the completion of the existing storm sewer in the open ditch approximately 600 feet long between Edina street and the northerly end of the platted por- tion of North Glen Oak Street, pre- sented and read. William T. Con- nery addressed the Council in sup- port of the petition. Councilman Schueller moved that the Council view the grounds. Seconded by Councilmen Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition for suspension or remis- Sion of taxes on account of age or infirmity by Barbara Rahloff on the E.'~ of Lot 352 East Dubuque Ad- dition, presented and read. Councilman Welu moved that the petition be referred to the City Man- ager. Seconded by Councilman Schueller. Carried by the follow• ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Ray D. Duttle of 2965 Keokuk Street, requesting permis- sion to build a garage within six feet of his property line, in• stead of the normal ten feet, pre• sented and read. Councilman Welu moved that the petition be referred to the Board of Adjustment, Seconded by Coun- ~.. oilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of United Spanish War Veterans Fitzhugh Lee Auxiliary No, 1, requesting permission to sell carnations on the City streets on Saturday, April 27th, and Monday, April 29th, presented and read, Councilman Schueller moved that the request be granted providing there are no conflicting dates. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Lange's Insurance Agency requesting release of the Excavation band of the McDonnell Excavating Service as it is no ]ang- er necessary to file a bond, pre- sented and read. Councilman Schueller moved that the release be granted. Seconded by Councilman Welu. Carried ~by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Crescent Realty Cor- poration requesting vacation of the twenty foot alley in Block 20 in Du- buque Harbor Company's addition which covers the entire block be- tween South Main street and Salina street between Charter street and Camp street, presented and read. Councilman Welu moved that the petition be referred to the Plan- ning and Zoning Commission. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Pttition of Catherine Murphy, re• questing a refund of $100 on the unexpired portion of her Class "B" beer permit No.,106, as she has discontinued business as of March 4, 1957, presented and read. Councilman Kolb moved that the refund be granted and the Auditor instructed to draw a warrant in the amount of $100 payable to Cather- ine Murphy to cover the unexpired portion of Class "B" beer permit No, 106. Seconded by Councilman Schueller, Carried Eby the follow- ing vote: 116 }Zegular Session, Marc1~ 4, 1957 Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Clewell, Cooney & Fuerste, requesting the Council to re-convey Lot 43 in Sisters Addi- tion to Arthur A. Witherall after notice, hearing and appropriate resolution thereon in order to obvi- ate any doubt as to the validity of the conveyance previously con- veyed in 1952, presented and read. Councilman Kintzinger moved that the petition be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 46.57 Authorizing, ratifying and ap- proving the deed issued to Arthur Witherall by resolution No. 24.25, adopted March 3, 1952, conveying Lot 43 in Sister's Addition in the City of Dubuque, presented and read. Councilman Kintzinger moved that a public hearing be held on the resolution on April 1, 1957, at 7:30 p.m. in the Council Chamber and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded ~ by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Francis L. Burd and Mary F, Burd, husband and wife, requesting the Council to authorize by resolution the conveyance to them the Easterly 22 feet of Lot 14 "A" and the westerly 26 feet of Lot 13 "A" both in Paulina Lang- worthy Subdivision in the City of Dubuque, to satisfy questions of title, presented and read. Councilman Welu moved that the petition be received and filed. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schuellgr, Welu. Nays-None. RESOLUTION N0. 47.57 Authorizing the Mayor and City Council to execute a Quit claim deed releasing all right, title and interest of the City in and to the Easterly 22 feet of Lot 14 "A" and the Westerly 26 feet of Lot 13 "A" in Paulina Langworthy Subdivision in the City of Dubuque to Francis L, Burd and Mary F. Burd, hus• band and wife, presented and read. Councilman Welu moved that a public hearing be held on the reso• lution on April 1, 1957 at 7:30 p.m. in the Council Chamber and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 48.51 Authorizing the Mayor and City Clerk to execute a quit claim deed releasing all right, title and inter- est of the City in and to the West- erly 30 feet of Lot 15 "A" in Pau- lina Langworthw Subdivision, in the City of Dubuque to Ruby Steuck, presented and read. Councilman Welu moved that a public hearing be held on the reso• lution on April 1, 1957 at 7:30 p.m. in the Councll Chamber and the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Coun• Gilman Kintzinger. Carried ~by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.49.57 RESOLUTION APPROVING PLAT OF ELVA PLACE Whereas there has been filed with the City Clerk a plat in which Lot 1 of Wilson's Dubuque in the City of Dubuque, Dubuque Courrty, Iowa, is platted as Lot 1 to 3 inclusive of "Elva Place" in the City of Dubuque, Du- buque County, Iowa; and Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and 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 THEREFORE, BE IT RE• SOLVED BY THE CITY COUNC]I. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de• scribed plat be and the same is hereby approved and the Mayor Regular Session, March 4, 1957 117 and Clerk be and they are hereb authorized and directed to endors the approval of the City upon sai plat. Passed, adopted and approve this 4th day of March, 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 Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Wela. Nays-None. March 1, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your con• sideration is a plat of Stoeckeler Place, a subdivision in the City of Dubuque. This subdivision has been ap• proved by the Planning and Zon- ]ng Commission. Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Secretary Councilman Welu moved that the communication ~be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Triplicate) RESOLUTION N0. 50.57 RESOLUTION Approving Plat of STOECKELER FLACE. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1; and Lot 1 of Lot 2 (excepting the Westerly 100 feet of said Lot 2); each in Gillespie's Subdivision of Mineral Lot No. 361 in the City of Dubuque, Iowa, is platted as Lots 1 and 4, inclusive, Stoeckeler Place in .the City of Du• buque, Iowa, and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en• dorsed thereon; and, y WHEREAS said plat has been ex- e amined by the City Council and d they find the same conforms to the Statutes and Ordinances relating d thereto; NOW, THEREFORE, BE 1T RE- SOLVED 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 March, A.D., 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCINELLER CHARLES A, KIIVTZIIVGER Attest: LEO F. FROMMELTImen City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 1, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A new Resolution has been pre- pared by the Iowa Highway Com- mission for your approval of im- provements on U, S. Highway No. 61 and U, S. Highway No. 151 with- in the City of Dubuque. The sections that were objectian• al to the City Council with the ex• ception of the speed limit have been deleted. The Traffic Engi- neer of the Iowa Highway Commis• sion feels as though this 35 miles per hour speed limit should prevail because you will come off of a 45 miles per hour speed limit and it would give a gradual reduction of speed to our 25 mile per hour limit. According to him the design of this street meets the approval of the United States Bureau of Public Roads to carry traffic at 35 miles per hour. I recommend that in view of the other changes the Highway Com- 118 Regular Session, March 4, 1957 mission has agreed to, that the ' Council approve the Resolution. Respectfully submitttd, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of the City Man• alter .be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. County-Dubuque Project No. U•UG17 (7) RESOLUTION NO. 51.57 WHEREAS approval of improve- ment of the extension of U. S. No. 61 and U. S. No. 151 within the City of Dubuque, Iowa, was duly authorized under Resolution No, 37.56, signed March 6,1956, as fol- lows: On Relocation of Primary Roads U. S. No. Bl and U. S. No. 151 from the south corporation line to a point which is 785.8 feet south- erly of the intersection of Dodge -and Locust Streets. Shown on plans from Sta. 105+ 90.15 to Sta. 178+71,0 identified as Project No. U-17 (5), and, WHEREAS the Council has in• farmed itself as to the proposed improvement and has examined the plans thereof, NOW, THEREFORE, be it re• solved by the said Council of Du- buque, Iowa, as follows: (1) The Council will by ordinance extend access control to .the parts of Primary Roads No. U. S. 61 and U. S. 151 as may be included with- in any future extension of the Cor• porate Limits of Dubuque, Iowa. (2) The Council agrees to not close or obstruct the street either partially or completely, in any man- ner or for any purpose whatsoever except in those instances recited in Section 321.348, Code of Iowa, 1954. (3) (a) The Council agree that 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. 155+00. 45 miles per hour from Sta. 155 +00 to Sta. 165+00 adjacent to Southern Avenue. 35 miles per hour from Sta. 165 +00 to Sta. 178+71. Southbound 35 miles per hour from Sta. 178 +71 to Sta. 165+50 (at Southern Ave.), 55 miles per hour from Sta. 164 +50 to Sta 105+902. (b) Any changes in the speed lim- its agreed to above will be author ized only after approval has been secured from the Highway Commis• Sion. (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 specified in paragraph No. 7 of res- olution signed March 6, 1956, by the following: Sta. 163+ 15" 2000-D Storm Sewer 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 that reim- bursement for 8 feet additional widening referred to under para- graph No. 9 or resolution signed March 6, 1956, will apply from Sta. 171+00 to Sta. 178+71.0 of project U-UG-17 (7). (6) The Council will by ordf• Hance prohibit pazking of any na- ture from Sta. 166+50 Rt. to Sta. 178+71 Rt. A single line of paral- lel parking 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- ment specified as Project Number U-UG17 (7) said list will be re- corded under a supplement ordi- nance. (7) The Council agrees tha! no left turns will be allowed from Mt. Carmel Road onto the new highway at Station 159+21, Attest: LEO F. FROMMELT City Clerk Passed this 4th day of March, 1957. LEO D. FROMMELT, Clerk. Regular Session, March 4, 1957 119 Approved and Accepted: IOWA STATE HIGHWAY COMMISSION JACK REED, Date: March 20, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A, KINTZINGER Members of the Council. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO, 52.57 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigazettes and cigarette papers within said City. Alan R, Uppinghouse (Effective April 1, 1957), 238-240 West 6th Street. Robert E. Cahill (Effective April 1, 1957), 402 Locust Street. Louis O'Meara (Effective April 1, 1957), 1655 Delhi Street. BE IT FURTHER RESOLVED that the bands filed with the ap• plications be approved. Passed, adopted and approved this 4th day of March, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 53.57 WHEREAS, applications for Beer Permits have been submi ted 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 fallowing applications be granted and licenses are to be is- sued upon the compliance with the terms of the ordinances of this C;ty. CLASS "B" PERMIT Raymond B. McLaughlin, 2222 Central Avenue. Alan R. Uppinghouse, 238.240 West 6th Street. Jay M. Reidi, 1543 Central Ave• Hue. Herbert E. Althaus and Emil F. Althaus, 1575 Central Avenue. Mathias A. Schneller, 132 Eighth Avenue, Jerome J. Love, 37 Eighth Ave- nue. CLASS "B" PERMIT FOR PRNATE CLUB Fischer Bowling Lanes Club, 880 Locust Street. CLASS "C" PERMIT Ernest W. Pfalzgraf and A. L. Fecker, 1300 Central Avenue, Merle J. Felderman, 2700 Jack- son Street. Clarence J. Kipper, 1585 Delhi Street. Passed, adopted and approved this 4th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KDVTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 5457 WHEREAS, heretofore applica• tions for Beer Permits were filed by the within named applicants and they have received the ap- proval 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 RESOLVID by the City Council of the City of Dubuque 120 Regular Session, March 4, 1957 that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Raymond B. McLaughlin, 2222 Central Avenue. Alan R. Uppinghouse, 238.240 West 6th Street. Jay M. Riedi, 1543 Central Ave- nue. Herbert E. Althaus and Emil F, Althaus, 1575 Central Avenue. Mathias A. Schneller,132 Eighth Avenue. Jerome J. Love, 37 Eighth Ave• nue. CLASS "B" PERMIT FOR PRNATE CLUB Fischer Bowling Lanes Club, 880 Locust Street. CLA5S "C" PERMIT Ernest W. Pfalzgraf and A. L. Fecker, 1300 Central Avenue. Merle J. Felderman, 2700 Jack- son Street. Clarence J. Kipper, 1585 Delhi Street. BE IT FURTHER RESOLVED that the bonds filed by such ap• plicants be and the same are here- by approved. Passed, adapted and approved this 4th day of March, 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 55.51 Whereas, the City of Dubuque has sustained a grievous loss through the death of one of its outstanding citizens, Alfred J, Du- pont, on February 23, 1957; and, Whereas, he has through his un- selfish effort in many civic activi- ties contributed to the spiritual and material well being of his fel- low citizens; and Whereas, he has through his ex- emplification of the virtues of hon- or, modesty, and courage endeared himself ~to all men of this City; Now Therefore Be It Resolved by the City Council of the City of Dubuque: That we do hereby formally rec- ognize the loss of our fellow citi- zen, Alfred J. Dupont and pub- licly express our sorrow and sym• pathy to the members of his im- mediate family. Passed, adopted and approved, this 4th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCIIUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution and that a signed copy of same be sent to the family of :the deceased. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to adjourn. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. LEO F. FROMMELT City Clerk Approved ....................................1957 Adopted ......................................1957 Councilmen ~ ...................................... Attest :.............................................. City Clerk. Special Session, March 25, 1957 121 CITY COUNCIL (Official) Special Session, March 25, 1957. Council met at 7:30 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 purpose of considering the bids submitted for the construction of "City of Du- buque 1957 Curb and Gutter Pra ject No. 1" and "City of Dubuque 1957 Bituminous Concrete Surfac- ing Project No. 1" and "City of Dubuque 1957 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Pro- ject No. 1" and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the Publisher ,of Notice to Con• tractors of the receipt of proposals for the construction of "City of Dubuque 1957 Concrete Curb and Gutter Project No. 1" far construc- tion of concrete curb and gutter on the following portions of .the fallowing named streets presented and read. 1. Audubon Street from S, P. L, of Lot 73 of Woodlawn Park Addi- tion to Rosedale Avenue. 2. North Grandview A v e n u e (west side only) from the S. P, L. of Clarke Drive to the N. P. L. of Rosedale Avenue, 3. Keokuk Street from the N. P. L. of Primrose to the northerly end of Keokuk Street. 4. 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, 5. Montana Street from S. P. I.. of Wilbricht Lane to N. P. L, of Merfeld Lane. 6, Pennsylvania Avenue from W. P, L. of Chaney Road to the west city limits. 7. Prescott Street from S. P. L. of Emerson Streot to S. P. L. of Roosevelt Street. 8. Solon Street from E. P. L, of Nevada Street to the W. P, L. of Alpine Street. 9. Wilbricht Lane from S. P. L. of Asbury Street to W. P. L. of Wilbricht 'Lane. 10. 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 north- erly end of Woodlawn Streot. 11. York Street from N. P. L. of Curtis Street to S. P. L, of Dodge Street. 12. N or,t h 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 Al- gona Street to the N. P. L, of Dex• ter Street. 13. West 3rd Street (south side only) from W. P. L. of Bluff Streot to the extended E. P. L, of Burch Stroet. 14. Pennsylvania Avenue widen- ing from the N. P, L, of Univer• city Avenue to the extended E. P. L. of Lot 1 of 2 of Hyatt Place with 6" plain concrete surfacing with integral 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. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, WeIu, Nays-None. March 25,1957 Ta the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received up to 10:00 A.M. on March 25, 1957, for the City of Dubuque 1957 Concrete Curb and Gutter Project No. 1. Attached is the tabulation of the bids received, I recommend that the contract be awarded to Thomas Flynn Coal Company of Dubuque, Iowa, who submitted the lowest bid received which was 5.68% below the engi• neer's estimate. Respectfuly submitted, L. J. SCHH,TZ, City Manager. Councilman Welu moved that the recommendation of the City Man• i i 122 Special Session, March 25, 1957 ager be approved. Seconded by Councilman Schueller. Carried by ,the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 56.57 WHEREAS, sealed proposals have been submitted by contract- ors for the City of Dubuque 1957 Concrete Curb and Gutter Project No. 1 pursuant to Resolution No. 40.57 and notice to bidders pub- lished in a newspaper publuheii in said City on March 7th, 1957, and March 14th, 1957; and WHEREAS, said sealed proposals were opened and read on March 25, 1957, and it has been deter- mined that the bid of Thomas Flynn Coal Company of Dubuque, Iowa, in the amount of $99,253.85 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Company of Dubuque, Iowa, and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted tlis 25th day of March, 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. Sec- onded by Councilman Kintzinger. 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 to Con- tractors of the Receipt of Proposals far the construction of "City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1" for the surfacing with Bituminous Con- crete on the following portions of the following named streets and Parking Lots, presented and read. 1. Angella Street from E. P. L. of Cax to E. P. L. of Lot 15 of Quigley's Sub. of Out Lot 709. 2. Audubon Street from N. P. L. of Grandview to S. P. L. of Rose- dale Avenue. 3. Cherry Street from W. P. L. of Avoca Street to end of Cherry Street, 4. Decatur Street from W. P. L. of Rhomberg to E. P. L. of Lincoln Avenue. 5, Fulton Street from E. P, L. of Monroe to E. P. L, of King Street. 6, Gilmore Street from S, P. L. of West Fifth to the end of Gil- more Street. 7. Greeley Street from S. P. L. of Broadway #o west lot line of L 16 King Grove Add. 8. Monroe Street from S. P. L, of Broadway to alley west of Fulton Street. 9. Prescott Street from S. P. L. of Emerson to S. P. L. of Roose• velt Street, 10. Providence Street from N. P. L. of Johnson to S. P. L, of Staf- ford Street. 11. West 17th Street from E. P. L. of Cox •to existing concrete on West 17th Street. 12. Solon Street from E. P. L. of Nevada to the W. P. L, of Alpine Street. 13. East 25th Street from N. P. L. of Central to alley north of Elm Street. 14. Union Street from S. P, L. of Cleveland Ito the N. P. L. of Rush Street. 15. York Street from N. P. L. of Curtis Street to .the S. P. L. of Dodge Street. N. P. L.-North Property Line. S. P, L.-South Property Line. E. P. L.-East Property Line. W. P. I.,-West Property Line, Bituminous Concrete Surfacing of Municipal Parking Lots located at: 16. Fifth and Bluff Streets. 17. Fourth and Iowa Streets. Special Session, March 25, 1957 123 18. Tenth Street and Central Avenue. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried Eby the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. March 25,1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M, on March 25, 1957, for the City of Dubuque 1957 Bitumin- ous Concrete Surfacing Project Na. 1. Attached is the tabulation of the bids received. I recommend that the contract be awarded to Mulgrew Blacktop, Incorporated of Dubuque, Iowa, who submitted the lowest bid re• ceived which was 12.02% below the engineer's estimate. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Welu moved that the recommendation of the City Man- ager be approved, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. , (Awarding Contract) a RESOLUTION N0. SI.57 WHEREAS, sealed proposals have been submitted by contractors for the City a: Dubuque 1957 Bi- tuminous Concrete Surfacing Pro- ject No, 1, pursuant to Resolution No. 43.57 and notice to bidders pub- lished in a newspaper published in said City on March 7th, 1957, and March 14th, 1957; and WHEREAS, said sealed proposals were opened and read on March 25, 1957, and it has been deter- mined that the bid of Mulgrew Blacktop Incorporated of Dubuque, Iowa, in the amount of $65,348.88 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE 1T RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop Incorpor- ated of Dubuque, Iowa, and the Manager be and be is hereby di- rected to execute a contract on be- half of the City of Dubuque far the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors band the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 25th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIIVTZINGER Attest: LEO F. FROMMELTImen 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. 58.57 RESOLUTION REQUIRING ABUT- TING PROPERTY OWNERS TO MAKE SEWER AND WATER CONNECTIONS. WHEREAS, the Cfty Council has heretofore adopted Resolution No. 25.57, being the Resolution of Ne• cessity for permanently improving City of Dubuque 1957 Bituminous Concrete Project No. 1; NOW, THEREFORE, BE IT RE• SOLVED BY THE CTfY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the owners of all property abutting on said improve- ments are hereby required to make connections from the Sewer and Water mains ~to the curb line of said property prior to April 25, 1957; Section 2. That ,the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in accord- ance wfth Ordinance No. i28, order- ing compliance with this Resolu• tion; 124 Special Session, March 25, 1957 Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 25th day of March, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCIiUELLER CHARLES A. KIlVTZINGER 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. Proof of publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of "City of Dubuque 1957 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Proj- ect No. 1" for surfacing with Hot Mix-Hot Laid asphaltic concrete on the following portions of the fol- lowing named streets; 1. North Grandview Avenue from the W.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, 3. North Grandview Avenue from the W.P.L. of Auburn Street to the intersection with Audubon Street. 4. Central Avenue from 32nd Street to the city limits. N.P.L.-North Property Line S.P.L.-South Property Line E.P.I,.-East Property Line W.P.L.-West Property Line. presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 25, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A. M, on March 25, 1957, for the City of Dubuque 1957 Hot-Mix Hot Laid Asphaltic Concrete Sur- facing Project No. 1. Attached is the tabulation of the bids received, I recommend that the contract be awarded to Mulgrew Blacktop Incorporated, of Dubuque, Iowa, who submitted the lowest bid re- ceived which was 20,78% below the engineers estimate. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Manager be approved. Seconded by Councilman Went. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 59•SI Whereas, sealed proposals have been submitted by contractors for the City of Dubuque 1957 Hot Mix- Hot Laid Asphaltic Concrete Sur• facing Project No. 1 pursuant to Resolution No. 45.57 and notice to bidders published in a newspaper published in said City on March 7th, 1957 and March 14th, 1957; and Whereas, said sealed proposals were opened and read on March 25, 1957, and it has been deter- mined that the bid of Mulgrew Blacktop Incorporated of Dubuque, Iowa in the amount of $30,595.10 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun• cil of the Citq of Dubuque that the contract for the above men- tioned improvement be awarded to Mulgrew Blacktop Incorporated of Dubuque, Iowa, and the Manag• Special Session, March 25, 1957 125 er be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com• plete performance of said work. Be It Further Resolved, that up• on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 25th day of March, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELD RAY F. ROLB 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. RESOLUTION N0. 60.57 Resolution Requiring Abutting Property Owners io Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 29.57, being the Resolution of Ne- cessity for permanently improv ing City of Dubuque 1957 Hot Mix- Hot Laid Asphaltic Concrete Sur• facing Project No. 1. Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the sewer and water mains to the curb line of said property prior to April 25, 1957; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac• cordance with Ordinance No. 128, ordering compliance with this Res• olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec• tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property, Adopted this 25th day of March, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LE0 F. FROMMELT, City Clerk Council 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. Communication of Frederick E. Bissell notifying the Council of his resignation from the Planning & Zoning Commission, presented and read. Mayor Dove moved that the resignation be accepted with regret and a resolution of appre- ciation be sent to Mr, Bissell for his great length of service to the conununity, Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, March 19, 1957. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1954, the Civil Service Commission con- ducted entrance examinations on March 14, 1957, for those seeking positions as Assistant Water Meter Repairman. The following are the names of those who passed the examinations with an average of 70% or better. Name Average Earl D, Hutton ......................78.6% Clyde H. Bateman ,,,,,,,,,,,,,,,,,,74.6% Paul T. Lippert ....................77.6% Art Tuegel .................. ..77.6% ........ omas P. McDonald ............77.% Edwin W. Wagner ,,,,,,,,,,,,,,,,76.% ~~ ~' ~ 126 Special Session, March 25, 1957 Leo V. Plein ............................74.% Bernard Brown ......................73.6% Charles R, Goodin ..................72.2% Gerald J. Winger ....................712% Howard F. Havens ..................70.6% Gilbert A. Saunders ..............70.% Respectfully submitted, Louis J. Lagen Chairman E. B. Lyons J. A. Carew Members, Civil Service Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me, a Notary Public this 19 day of March, 1957. Geraldine L. Jenni Notary Public (SEAL) Councilman Schueller moved that the communication be made a matter of record. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of M. P. Hogan Insurance Agency, advising of the cancellation of Comprehensive Lia- bility Policy No. 112.31723 of the American Surety Company issued to Schueller & Company, present- ed and read. Councilman Welu moved that the cancellation of the policy be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Communication of the United States Conference of Mayors ad• vising of the 1957 Annual confer- ence of mayors to be held in New York City, September 9th to 11th, presented and read. Councilman Welu moved that the communica- tion bereferred to the Council for further study. Seconded by Coun- cilman Kolb. Carried by the fol• lowing 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 during the month of February 1957, pre• sented and read. Councilman Kolb moved that the proof of publica- lion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councihen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 7, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With respect to the attached pe• tition of Francis E. Kelly dated Feb. 1, 1957 referred to the Plan- ning & Zoning Commission by your Honorable Body Feb. 6, 1957 requesting rezoning of his prop- erty along the north side of Dodge St. with approximately one hun• dred and ninety feet frontage from Two Family to Local Business "B" Classification, the Planning & Zon• ing Commission recommends to your Honorable Body that the peti• lion be granted. The only reason this frontage was not included pre- viously in Local Business "B" ex- tensions is because before exca- voting the abrupt cliff at consid- erable cost it was not useable. Sincerely yours, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Welu moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved and that proper proceed- ings bedrawn. Seconded by Mayor Dove. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 7,1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Dubuque Planning & Zoning Commission has studied the peti- tion of Crescent Realty Co., Thom- as B. Schmid, Executive Vice President dated March 1, 1957 re• questing the vacation of the 20 foot alley which runs parallel with Main St. to the west between Main & Salina St. To do so and have a solid structure as shown in at• tacked drawing this vacation is re• quested. Since the alley is not used for utilities at present, and as it's Special Session, March 25, 1957 127 vacation will not injure or bottle up any abutting property, and since Crescent Realty Co, owns all abutting property on said alley in the block described, the Plan• ning & Zoning Commission recom- mends to your Honorable Body that the alley be vacated. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy, Councilman Kolb moved that the recommendation of the Planning & Zoning Commission be approved and that proper proceedings be drawn. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of The Tele- graph Herald offering to purchase the S. 20' of West Ninth Street from Bluff street westerly, a dis- tance of 230.6 feet, presented and read. Councilman Welu moved that the offer be favorably considered and that a public hearing be held at 7:30 o'clock P.M, in the Council Chamber at the City Hall on May 6,1957 and the Clerk be instructed to publish notice of same as re- quired by law. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Glenn E. Car• ris, offering the sum of $1200 for vacated Mills street which runs from Bunker Hill to Montana street, presented and read. Coun• cilman Schueller moved that a real estate valuation of the property should be procured and that the Councll view the grounds. Second- ed by Councilmen Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Edwin B. Ly- ons, of 80 Fremont avenue, offer- ing the City thirty-seven (37) shares of American Telephone & Telegraph Co. stock, approximate present value $6500, for the pur- pose of aiding in the perpetuation of the Dubuque Peony Trail to be titled "The Ella M. Lyons Peony Trail Fund", subject to certain con- ditions, presented and read. Coun- cilman Schueller moved that the offer be accepted and that a let- ter of appreciation and thanks be sent to Mr. Lyons, and that prop- er proceedings be drawn. Second- ed 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, Ill. March 25, 1957 We hereby certify that we have examined certified copy of the proceedings of the City of Du- buque, in Dubuque County, Iowa, passed preliminary to the issue by said City of its three and three- eights per cent Water Revenue Bonds, Series 1956, to the amount of $330,000, dated December 1, 1956, denomination of $1,000, num- bered 1 to 330, inclusive, due seri• ally and in numerical order on December 1 of each of the years 1960 to 1974, inclusive, but bonds numbered 76 to 330, inclusive, are optional for redemption by said City upon terms of par and ac- crued interest on any interest pay- ment date on or after December 1, 1965, and we are of the opinion that such proceedings show law• ful authority for said issue under 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 legaIly binding upon said City of Dubuque according to the im- port thereof, and that said bonds, together with additional bonds heretofore issued and as may be hereafter issued on a parity there- with under the conditions and re- strictions set forth in said pro- ceedings, are and will continue to be payable solely and only out of the future net earnings of the mu- nicipal waterworks of said City. Chapman and Cutler Councilman Kolb moved that the communication be made a mat- ter of record. Seconded by Coun• cilman Schueller. Carried by the following vote: 3 ~~I u i' a I `~`=-i: ~F~ o ~~= 128 Special Session, March 25, 1957 Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 21,1957 To the Honorable. Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition for suspension of taxes on account of infirmity in the case of Barbara Bahloff, owner of the East 'h of Lat 352 in East Dubuque Addition, was referred to the City Manager for investigation and report. I have investigated this request and find that the suspension has been granted in previous years. I recommend that the petition be granted. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 21, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Cletus H. Koppen and others requesting the installa- tion of street lights on Berkley Place was referred to the City Manager and Electrical Inspector for investigation and report. Berkley is a new street on which there are no existing street lights. I recommend that a street light be installed at the end of Berkley Place at the turn around and one on the property line between Lots 740 and 750 of Berkley Place. There are utility easements for both of these locations so that the circuit can run on the present pole lines in the rear of the lots to the street. Respectfully submitted, L. J. SGHII.TZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 21, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Betty Kaune and others requesting the installation of a street light on Edith Street between Burden and Brunswick Streets was referred to the City Manager for investigation and re- port. The Electrical Inspector has made an investigation of the light- ing conditions on Edith Street and reports that an additional light would be desirable. I recommend that a light be in- stalled on Edith Street between Brunswick and Burden at the al- ley approximately 300 feet east of Brunswick and also that the ex• fisting light north of the Brunswick and Edith intersection be removed and placed at the intersection. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 22, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: During the past year many com- plaints have been received re- garding abuilding located at 610- 612 University Avenue. The Health Inspector made several inspections and recommendations to the own- er. Nothing of importance was done to the building and the com- plaints still were made. Consequently, I directed the var- ious city departments to make a complete inspection of this build- ing. This inspection was made Jan- uary 14, 1957, and the following is the report. Mr. L. J. SCHII,TZ, City Manager, Dubuque, Iowa Dear Mr. Schiltz: An inspection of the building located at 610.612 University Special Session, March 25, 1957 129 Avenue was made January 14, 1957, by the Fire, Health and Building Departments and we wish to report to you the fol- lowing: This is a three story frame building occupied by an apart- ment on each of the three floors. The building is generally di- lapidated in appearance, the sid- ing is about worthless and the general apperance to the passer- by is a building in poor state of repair, decidedly unkept and an eyesore. The interior is about the same. Floors are rotten, large cracks and holes are numerous, the stairs are in bad shape, plaster is missing in many places. The exit doors to the rear stairs are makeshift, door knobs are miss- ing making it almost impossible to get out quickly, Heating is by individual space heaters. Chimney connections are not proper and wiring to the fans is very poor. The wiring is old, extension cords are strung about over nails and through partitions. The fus- ing for the 1st floor, two circuit, wiring is one fifteen and one twenty ampers. 2nd floor, two circuits, 25 and 30 ampere. 3rd floor, 30 and 20 amperes. The circuits on the 2nd and 3rd floors are over fused, a 15 should hold. This indicates overload and over fusing to keep from blowing a normal fused circuit. The apartments are equipped with plumbing but the house has no basement and is placed on solid rock. The cast iron sewer pipe is laid directly on the rock in the sideyard and goes into the basement of the house next door and then to the sewer. This pipe has become stopped because of partial freezing and numerous complaints from tennants have been made because of sewer fail- ure. This building due to lack of ordinary maintenance is a dan- gerous building, is a menace to adjoining properties and is not a proper place to house people. The second floor apartment is now vacant. This portion of the building has been posted to pro hibit occupancy. We recommend that proper steps be taken to vacate this structure and the building re- moved. Respectfully submitted, (Signed) Thos. C. Hickson A. J. Entringer Donald Bandy After this report was made to me Mr. George E. Duscher, the owner, talked to me about this building. He questioned some of the items in the report so I per- sonally inspected the parts of the building that admittance could be gained to that day. As a result of this inspection I sent Mr. Duscher the following no• tice on March 13, 1957. Mr. George E. Duscher, 2014 Rhomberg Avenue, Dubuque, Iowa Dear Mr, Duscher: I have personally inspected that portion of your property Lot 1 of Beadle Place at 610.612 University Avenue that I could get into and find the conditions as they have been reported to me by the Building Commission- er, Health Inspector and Fire Chief. According to City Ordinance No. 35.52, you are hereby given ten (10) days notice to dismantle the building. The building can also be repaired but it would be necessary to practically tear it dawn before rebuilding in order to comply with city regulations. Very truly yours, (Signed) L. J. SCHII.TZ, City Manager This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35.52 be enforced and that George E. and Anna Duscher, owners of a three story frame building located at 610.612 University Avenue and be- ing on Lot 1 of Beadle Place in the City of Dubuque, Iowa, be required to correct the defects present or dismantle said building. Respectfully submitted, L. J. SCHILTZ, City Manager Mayor Dove moved that the rec- ommendation of the City Manager be approved and that proper steps be taken to enforce the Ordinance and that a public hearing be set 130 Special Session, March 25, 1957 for May 6, 1957, at 7:30 P.M, in the Council Chamber at the City Hall and the Clerk be instructed to publish notice of same. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 12, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Ernest J. Buchet, 2278 University Ave., for damages incurred in an accident February 15, 1957. As a result of the investigation and discussion with the claimant, I can find no negligence on the part of the City and recommend that the claim be denied. Respectfully submitted, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, March 12, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Mr. Clem Fleckenstein, 749 Berke- ley Place, Dubuque, Iowa, and can find no negligence on the part of the City of Dubuque, and recom- mend that the claim be denied. Respectfully submitted, T. H, NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dnve, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 22, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Mr. Herbert Sinhold, 510 Ahnond Street, for damage sustained in a fall on a defective walk at 1935 Ellis Street on January 24, 1957. I have discussed the claim with Mr. Sinhold and he has agreed to accept $225.00 in full settlement. I recommend that this settle- ment be approved and the City Au• ditor instructed to issue a warrant payable to Herbert Sinhold and de- liver the same upon receipt of a properly executed release. Sincerely, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant payable to Herbert Sinhold, in the amount of $225, and deliver the same upon the receipt of a properly executed release, in full settlement of the claim, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Mrs. Eva Chapman of 30 Burns street, in the amount of $1500 for personal injuries received in a fall on an icy sidewalk, at Burns and Dodge streets, on February 6, 1957, pre- sented and read, Councilman Kolb moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Gregory T. Wiemold of 705 Wilson avenue, in behalf of his wife Ella Wiemold, in the amount of $250 for personal injuries received in a fall on Uni- versity avenue between Center Place and the alley to the east of Center Place on January 29, 1957, presented and read. Councilman Kolb moved that the claim be re• ferred to the City Solicitor for in• vestigation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Robert D. Ernst of Bellevue, Iowa, in the amount of $16.24, for damages to his car as the result of striking a defect in the street on Rockdale Road on February 26, 1957, pre- Special Session, March 25, 1957 131 sented and read. Councilman Kolb moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun• Gilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Louis F, Fautsch of 1045 S. Grandview Ave., in the amount of $30.40 for dam- ages to his car as the result of striking a rock in the street while travelling north on Providence street and entering the intersection of Windsor avenue, on January 25, 1957, presented and read. Council- man Welu moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Nicholas G. Kieffer of 1818 5. Grandview Ave- nue, in the amount of $7.50, for damages to his car as the result of striking an open manhole in the street on East 20th street, on Feb- ruary 25, 1957, presented and read. Councilman Welu moved that the claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Mrs. Vivian Kieffer of 1726 Adair street, in the amount of $14.00, for personal injuries received in a fall on the corner of Booth and Loras in Feb- ruary of 1957, presented and read. Councilman Welu moved that the claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 17.57 An Ordinance Granting Carr, Adams & Collier Jobbing Division permission to maintain a Canopy over the sidewalk, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Carried 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 sepa- rate days. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 17.57 An Ordinance Granting Carr, Adams & Collier Jobbing Division Per- mission to Maintain a Canopy over the Sidewalk. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Carr, Adams & Collier Jobbing Division be and it is hereby granted the right and authority to maintain a canopy over the sidewalk abutting the building known as 30 South Locust Street in the City of Dubuque, as the same is now constructed; Section 2. That the right to main- tain said canopy shall be subject to the continuous control of the City Council, reserving the right tc said City Council to impose restrictions and conditions on the enjoyment thereof as said City Council may deem necessary for the protection of the public interest, including the right to revoke or rescind the grant hereby made; Section 3. As a further considera- tion of the rights and privileges here- in granted Carr, Adams & Collier Jobbing Division, its successors and assigns, assume any and all liability Por damages to persona or property which may result from the construc- tion or maintenance of said canopy; and said grantee, its aucceasora and assigns, at its own expense, agrees to pay, on behalf of the City oY Du- buque, all sums which the City oP Dubuque shall become obligated to pay by reason cf the liability im- posed on the City of Dubuque Por damages of any kind resulting from the maintenance of said canopy sus- tained by any person or persons, caused by accident or otherwise: Said grantee shall defend, at its own expense, and on behalf of said City, any claim against said City aris- ing out of the maintenance of said canopy. Section 4. Should the rights and privileges herei^ granted be rescind- ed or revoked, grantee, its succes- eora or assigns, ehan, within thirty (3D) days after receipt oP written no- tice from the City Manager so to do, at its own expense, remove said cano- py and in the event of its failure to do so the City of Dubuque shall be authorized to remove said canopy at grantee's expense, assess the coat thereof against the premises and de- stroy the canopy and the grantee shall have no claim against said City, or its agents far damages re- sulting from the removal of said canopy; Section 6. This Ordinance shall be- come effective and the rights here- under shall accrue to Carr, Adama & Collier Jobbing Division when this ^~ 132 Special Session, March 25, 1957 Ordinance has been adopted by the City Council and accepted by grantee by acceptance endorsed on this Ordi- nance. Passed, adopted and approved by unanimous roll call vote the 25th day of March, 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, Published officially in The Tele- graph-Herald Newspaper this 1st day of April, 1957. LEO F. FROMMELT lt. 4/1 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 N0. 18.51 An Ordinance establishing a Grade on Audubon street from North Property Line of Lot 72 Woodlawn Park Addition to the South Property Line of Rosedale Avenue, presented and read. Councilman Welu moved that the reading just had 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 three separate days. Seconded by Coun• Gilman Kolb. Carried by the fol- lowing vote: Yeas--Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. (Official Publication) (ORDINANCE N0. 18.57) An Ordinance establishing a Grade on Audubon Street from North Prop- erty Line of Lot 72 Woodlawn Park Addition to the South Property line of Rosedale Avenue. Be It Ordained By The City Council Of The City Of Dubuque: Section 1. That a grade on Audu- bon Street Prom the North Property Line of Lot 72 Woodlawn Park Addi- tion to the South Property Line of Rosedale Avenue, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1950. Bench Mark: Point of Arrow on fire hydrant at the southwest corner of Audubon and Dexter Streets, elevation 822.73. Said grade begins at the North Property Line of Lot 72 Woodlawn Park Addi- tion, which is Station 1}00, east curb elevatio^ 813.73,west curb eleva• lion 814.07, thence to Station 1}50, P. I. Elevation 612.00, thence to Sta- tion 2•{-00, east and west curb eleva- lion 809.00 thence to Station 2}b0, P. I. Elevation 806.00, thence to Sta- tion 3}OD, east and west curb eleva- tion 797.20, thence to Station 5}00, east and west curb elevation 762.00. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adapted and approved this 25th day of March 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 Tele- graph-Herald Newspaper this 29th Say of March, 1957. LEO F, FROMMELT 1t. 3/29 City Clerk Councilman Welu moved the adoption of the Ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 19.57 An Ordinance establishing a grade on Jeffrey Drive from the South Property Line of Valley- view Road to the North Property Line of Hillcrest Road, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Official Publication) ORDINANCE NO, 19.57 An Ordinance establishing a Grade on Jeffrey Drive from the South Prop- erty Line of Valleyview Road to the North Property Line of Hill- crest Road. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Jeffrey Drive from the South Property Line o[ Valleyview Road to the North Prop- erty Line of Hillcrest Road, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1481. Bench Mark: Point of Arrow on Fire Hy- drant at the corner of Valleyview and Deborah Drive, elevation 888.90. Said grade begins at the South Property Line oP Valleyview Road, which is sta- tion 0}00, thence to station 0}05, east curb elevation 888.80, west curb elevaticn 888.80; thence to station Special Session, March 25, 1957 133 D}6D, east curb elevation 888.22, west curb elevation 889.64; thence to sta- tion 1}00, east curb elevation 889.36, west curb elevation 890.47; thence to station 1}90, east curb elevation 890.70, west curb elevation 891.70; thence to station 2}60, east curb ele- vation 895.08, west curb elevation 896.08; thence to staticn 3}OD, east curb elevation 896.36, west curb eleva- tion 897.36; thence to station 3}40, east curb elevation 897.26, west curb elevation 898.26; thence to station 4}50, east curb elevation 899.29, west curb elevation 900.29; thence to sta- tion 5}t10, east curb elevation 899.99, west curb elevation 900.49; thence to station 5}50, east curb elevation 898.27, west curb elevation 899.27; thence to station 6}09, east curb ele- vation 896.00, west curb elevation 897.00. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 25th day of March, 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 Tele- graph-Herald Newspaper this 29th day of March, 1957. LEO F. FROMMELT, It 3-29 City Clerk Councilman Welu moved the adoption of the Ordinance. Second• ed by Councilman Kintzinger. Car- ried by the Following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 20.57 An Ordinance establishing a Grade on Keokuk street from the West property line of Primrose street to the west end of the Street, presented and read. Councilman Welu moved that the reading just had 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 three separate days. Seconded by Coun• Gilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Official Publication) ORDINANCE NO, 20.57 An Ordinance establishing a Grade on Keokuk Street from the West Property Line oP Primrose Street to the West End of Street. Be It Ordained by the City Coun- cil of the City of Dubuque; Section 1. That a grade on Keokuk Street from the West Property Line of Primrose Street to the West End of Street, be and the same is hereby established and adopted as shown by a profile of said street and grade pre- pared by the City Engineer, profile number 1458. Bench Mark: Point of Arrow on fire hydrant on east side of Primrose Street apposite end of Keokuk Street, elevation 783.05. Said grade begins at station 0}07, north curb elevation 788.23; thence to Sta- tion 0}15, south curb elevation 781.03; thence to Station 1}50 north and south curb elevation 776.110; thence to Station 2}D0, P. I. elevation 774.59; thence to Station 2}50, north and south curb elevation 773.96; thence to Station 4}87, which is the end of street, north and south curb eleva- tion 772.77. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 26th day of March, 1967. 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 Tele- graph-Herald Newspaper this 29th day of March, 1967. LEO F, FROMMELT, It 3-29 City Clerk Councilman Wehl 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. 21.57 An Ordinance Establishing a Grade on North Grandview Ave- nue from the North Property Line of Dexter street to the south prop• erty line of Clarke Drive, present- ed and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Carried 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 an three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 21.57 An Ordinance establishing a Grade on North Grandview Avenue From the North Property Line of Dexter Street to the South Property Line oY Clarke Drive. Be It Ordained By The City Council Of The City Of Dubuque: 134 Special Session, March 25, 1957 Section 1. That a grade on North Grandview Avenue from the North Property I,Ine of Dexter Street to the South Property Line of Clarks Drive be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1453. Bench Mark; Point of arrow on fire hydrant at Southwest corner of Dexter and Audubon Street, elevation 822.73. Said grade begins at the North Prop- erty Line of Dexter Street which is station 0}00, east and west curb elevation 818.20, thence to Station 0}60, east and west curb elevation 816.67 thence to Station 1}00, P. I. elevation 815.00, thence to Station 1}5Q east and west curb elevation 810.67, thence to Station 9}10, north and south curb elevation 788.18, thence to station b+60, P. I. elevation 776.20, thence to Station 7}10, north and south curb elevation 783.32, thence to Station 8}30, north and south curb elevation 789.81, thence to Station 9}3D, north and south curb elevation 797.07, thence to Station 13+00, north and south curb elevation 830.85, thence to Station 14}50, P. I. Elevation 844.56, thence to Station 16}00, east and weal curb elevation 846.27, thence to Station 16}20, east and weal curb ele- vation 845.35, thence to Station 17}00 P. I. elevation 847.40, thence to Sta- tion 17}80, east and west curb ele- vation 853.52, thence to Station 18}00, east and west curb elevation 855.05, thence to Station 18}70, P. I. eleva- tion 880.40, thence to Station 19}40, east and west curb elevation 881.47. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed adopted and approved this 26th day of March 1967. 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 Tele- graph-Herald Newspaper this 29th day of March, 1957. LEO F. FROMMELT lt. 3/29 City Cler]c Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 22.51 An Ordinance establishing a Grade on Prescott street from the south property line of Roosevelt street to the north property line of Emerson street, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler. Carried 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 separate days, Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, (Official Publication) ORDINANCE NO. 22.57 An Ordinance establishing a Grade an Prescott Street from the South Property Line of Roosevelt Street to the North Property Line of Emerson Street. Be It Ordained By The City Council Of The City Of Dubuque. Section 1. That a grade on Prescott Street from the South Property Line of Roosevelt Street to the North Prop- erty Line of Emerson Street, be and the same is hereby established and adopted as shown by a profile oP said street and grade prepared by the City Engineer, profile number 1955. Bench Mark: Point of Arrow on Fire Hydrant at the Northeast Curner of Lincoln and Roosevelt Streets. Ele- vation 648.01. Said grade begins at the South Property Line of Roosevelt Street which is station D~-00, East Curb Elevation 651.96, West Curb Elevation 653.11, thence to station 0}50, Eaat Curb Elevation 653.25, West Curb Elevation 653.72, thence to Station. 1}00, East and West Curb Elevation 654.40, thence to Station 1-E60, East and Weat Curb Elevation 655.55, thence to Station 2}00, East and West Curb Elevation 656.70, thence to Station 2}50, East and West Curb Elevation 657.85, thence to Station 3}00, East and West Curb Elevation 859.00, thence to Station 3}50, East and West Curb Elevation 659.90, thence to Station 4}00, East and West Curb Elevation 660.90, thence to station 4+5D, which is the North Property Lllne of Emerson Street, East and West Curb Elevation 661.80. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 25th day of March, 1957. CTiARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt City Clerk Published officially 1n The Tele- graph-Herald Newspaper this 29th day of March, 1957. LEO F. FROMMELT lt. 3-29 City Clerk. Councilman Welu moved the adoption of the Ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 23.57 An Ordinance establishing a Grade on Wilbricht Lane from the south property line of Asbury street to the west end of Wilbricht Lane, presented and read. Councilman Welu moved that the reading just had be considered Special Session, March 25, 1957 135 the first reading of the Ordinance. Seconded by Councilman Kolb. 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 separate days. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Official Publication) ORDINANCE NO. 23.57 An Ordinance establishing a Grade on Wilbricht Lane from the South Property Line of Asbury Street to the west end of Wilbricht Lane. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Wil- bricht Lane from the South Property Line of Asbury Street to the weal end of Wilbricht Lane be and the same is hereby established and adapted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1960. Bench Mark: Point of arrow on fire hydrant at southeast corner Bunker Hill and Asbury Streets, elevation 862.08. Said grade begins at South Property Line of Asbury Street which is Station 0}00, north and south curb elevation 857.87, thence to Station 1-00, north and south curb elevation 859.11, thence to Station 2}DO north and south curb elevation 860.35, thence to Station 860491, thence toaStationu2-{-70,vP.~oI. elevation 861.22, thence to Station 2}95, north and south curb elevation 859.77, thence to Station 4}00, north and south curb elevation 853.68, thence to Station 5}D0, north and south curb elevation 898.43, thence to Sta- tion 6}00, north and south curb elevation 843.18, thence to Station 6}17, north and south curb elevation 842.40, thence to Station 6}92, P. I. elevation 838.90, thence to Station 84364 , the ce to St tionu8}OOQ north and south curb elevation 845.67, thence to Station 9}00, north and south curb elevation 852.42, thence to Station 10}OD, north and south curb eleva- tion 869.25, thence to Station 11}00, P I. elevation 866.00, thence to Station 12}00, north and south curb elevation 869,20, thence to Station 13}OQ which is the end of Wilbricht Lane, north and south curb elevation 852.40. Section L. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved thin 26th day of March 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 officiary in the Tele- graph-Herald Newspaper this 29th day 01 March, 1957. LEO F. FROMMELT, lt. 3/29 City Clerk Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 2457 An Ordinance establishing a Grade on Woodlawn street from the south property line of Karen street to the North Property Line of Asbury street presented and read. Councilman Welu moved that the reading just had 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 three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Officio] Publication) ORDINANCE NO. 24.57 An Ordinance establishing a Grade on Wocdlawn Street from the South Property Line of Karen Street to the North Property Line of Asbury Street. Be It Ordained By The City Council OP The City OY Dubuque: Section 1. That a grade on Wood- lawn Street from the South Property Line of Karen Street to the North Property Line of Asbury Street, be and the same is hereby established and adapted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1459. Bench Mark; Point of arrow on fire hydrant at northeast corner of Karen and Woodlawn Streets elevation 896.35. Said grade begins at the South Prop erty Line of Karen Street which is Station 0}00, east and west curb elevation 894.13 thence to Station 3}10, east and west curb slevation 881.42, thence to Station 3}80, P. I. Plevation 879.27, thence to Station 4}10, east and west curb elevation 882.35, thence to Station 5}15, east and west curb elevation 888.81; thence to Station b}66, P, I. elevation 891.89, thence to Station 6-i 15, east and west curb elevation 896.35, thence to Station 8}50, east and west curb ele- vation 916.83, thence to Statiun 9}50, which is the North Property Line of Asbury Street, west curb elevation 924.40, east curb elevation 924.60. 6ection 2. This ordinance shall be in full torte and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 25th day of March 1957. CHARLES E. DOVE, Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Attest: Leo F. Frommelt Councilmen. City Clerk I N i RI'~'.q II.II :.~ 136 Special Session, March 25, 1957 Special Session, March 25, 1957 137 Published officially in The Tele- graph-Herald Newspaper this 29th day of March, 19b7. LEO F. FROMMELT lt. 3/29 City Clerk. Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 25.51 An Ordinance establishing a Grade on York street from the north property line of Curtis street to South property line of Dodge street, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried 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 separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, (OFFICIAL PUBLICATION) ORDINANCE NO. 25.57 An Ordinance establishing a Grade on York Street from the North Prop- perty Line of Curtis Street to South Property Line of Dodge Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on York Street from the North Property Line of Curtis Street to the South Prop- erty Line of Dodge Street, be and the same is hereby established and adopted ae shown by a profile of said street and grade prepared by the City Engineer, profile number 1457. Bench Mark: Point of Arrow on Fire Hy- drant at Southwest Corner oP Curtis and York Streets, Elevation 828.26. Said grade begins at the North Prop- erty Line of Curtis Street, which is station 0}00, East Curb Elevation 822.21, West Curb Elevation 823.45, thence to Station 0}50, East and West curb Elevation 818.15, thence to Station 1}50, East and West Curb Elevation 809.45, thence to Station 2}50, East and West Curb Elevation 799.75, thence to Station 4}00, East and West Curb Elevation 783.70 thence to Station 9}15.02 which is the South Property Line of Dodge Street, East Curb Elevation 781.43, West Curb Elevation 782.41. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law, Paeeed, adopted and approved this 25th day of March 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER, Councilmen Attest: Leo F. Frammelt, City Clerk Published officially in the Tele- graph-Herald Newapaper this 29th day of March, 1957. LEO F. FROMMELT, It 3/29 City Clerk Councilman Welu moved the adoption of the Ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 25, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am attaching hereto an ordi• nonce that will clarify a miscon- ception of the expiration date for dog licenses. At the present time dog licenses become delinquent April 1st, how- ever, there is no penalty clause in the present ordinance. This new ordinance would require that dog licenses expire December 31st and become delinquent on April 1st at which time a $1.00 penalty will be assessed. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Welu moved that the communication be received and filed. Seconded by Councilman Dave. Carried by the following Vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 26.51 An Ordinance Amending Ordi- nance. No. 10.53, by repealing Sec- tion 2 (c) thereof and enacting a Substitute therefor, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kalb. Carried 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 separate days, Seconded by Coun- oilman Schueller. Carried by the fallowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Official Publication) ORDINANCE NO. 26.57 An Ordinance Amending Ordinance Na. 10-53, by Repealing Section E (c) Thereof and Enacting a Substitute Therefor. Be It Ordained by the City Coun- cil of the City oP Dubuque, Iowa: Section 1. That Section 2 (c) of Ordinance No. 10-53, be and the same is hereby repealed and the following enacted in lieu thereof: " 2 (c)-All dog licenses issued here- under shall expire on December 31st of the year in which issued and shall became delinquent on March 31 of the year in which they are due. A pen- alty of one dollar ($1) shall be added to the above prescribed license fees for all delinquent licensee." Section 2. This Ordinance shall be in full force and effect from and after its f1na1 passage, adoption and publication as by ]aw provided. Introduced the 26th day of March, 1957, Rule requiring reading on three sep- arate days suspended by unanimous vote the 25th day of March, 1957. Passed, adopted and approved this 25th day of March, 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 Tele- graph-Herald Newapaper this 29th day oP March, 1957. LEO F. FROMMELT, It 3-29 City Clerk Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of The Dubuque Hu- mane Society requesting considera- tion in passing an Ordinance to prohibit cruelty to the use of baby chicks as Easter novelties which for a long time has been of great concern to animal welfare agencies, presented and read. Councilman Schueller moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Mrs. Short and Mrs. Mills both addressed the Council, as manager and director of the Humane So• ciety, relating some of their ex• periences as to the mistreatment and mutilation of the animals. They were of the opinion that the parents of children would welcome some form of relief as to the pro- hibiting of purchasing baby chicks and rabbits for Easter Novelties, as is the custom at Easter time. Councilman Schueller moved that the Petition be referred to the City Manager and City Solici- tor far investigation and report at the next regular meeting of the Council. Seconded by Councilman Kintzinger, Carried by the follow• ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Daughters of Union Veterans Mary Agard Tent No. 35, requesting permission to hold a tag day on Saturday June 15th all day and on Monday, June 17th in the evening. Councilman Welu moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Mary T. & Joseph H, Schiltz, requesting that the City deed Lot 1"A" of Lot 2 of Lot 24 and 25 of Stewart Subdivision as provided for in Ordinance 7.48, presented and read. Councilman Welu moved that the petition be referred to the City Solicitor and that a public hearing be held on May 6, 1957 at 7:30 o'clock P. M. in the Council Chamber in the City Hall. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Lange's Insurance Agency, requesting cancellation of the sidewalk bond of Vincent Ryan, presented and read. Councilman Welu moved that the request be granted providing there are no outstanding claims. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Charles Beversdorf, requesting permission to excavate in the streets of the City, presented 138 Special Session, March 25, 1957 and read. Councilman Welu moved that the request be granted. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of George E. & Anna Duscher, owners of Lot 1 of Bea- dle Place, requesting an extension of the present Business District Classification at University Avenue and Hill Street, presented and read. Councilman Welu moved that the petition be referred to the Plan• ning & Zoning Commission, Sec• onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Elmer C. May, re- questing an inspection of Greeley street at the time it is to be im- proved because the drainage from the street is causing considerable erosion on his lot 21 in John Kings 2nd Addition, presented and read. Councilman Welu moved that the Council view the grounds. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Schueller & Ca re- questing permission to excavate in the streets and alleys of the City, presented and read. Councilman Kolb moved that the petition be granted. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Harold A. Conzett et al, requesting the alley be opened for access to private garages and for garbage collection between Walnut and Cox streets for one half block north and west to Cox street between Chestnut and Loras, presented and read. Councilman Schueller moved that the Council view the grounds. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kinztinger, Kolb, Schueller, Welu. Nays-None. March 7, 1957 Ta the Honorable Mayor and City Councit, Dubuque, Iowa Gentlemen: The attached plat of Hillcrest Heights Sub. Blocks 6, 7, 8, 9, was granted Final Approval March 6, 1957 by the Planning & Zoning Commission as presented by Mar- shall Thomas of the firm O'Con- nor, Thomas, McDermott and Wright representing Hillcrest Builders, This completes the sec- ond section of Hillcrest Heights de• velopment. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of O'Connor, Thomas, McDermott & Wright sub- mitting plat of Blocks 6, 7, 8, and 9, Hillcrest Heights and deed from Mr. and Mrs. Clarence Dirksen, conveying Lot 2 of Lot 1 of Lot 1 of Lot 1 of the Subdivision of Dirksen Place, presented and read. Councilman Schueller 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. RESOLUTION NO. 61.51 Whereas there has been filed with the City Clerk a plat in which Lat 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot A in Hillcrest Park, a Subdivision in Dubuque Township (now City of Dubuque), Dubuque County, Iowa, is platted as, "Block 6, Block 7, Block 8 and Block 9 in Hillcrest Heights in the City of Dubuque"; and Whereas said plat has been ex- amined by the City Planning Com• mission and had its approval en• darsed thereon; and Whereas upon said plat appear streets to be known as "Carter Special Session, March 25, 1957 139 Road", Valley View Road", "Jef- frey Drive", and "Hillcrest Road", and also easements for public util- ities, which the owners upon said plat have dedicated to the public Whereas said plat has been ex• amined by the City Council and they find that the same conforms to the Statuted and Ordinances re- lating thereto, except that grades have not been established, the streets brought to grade, or pav ing, sewer or water installed; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa; Section 1. That the dedications of "Carter Road", "Valley View Road", "Jeffrey Drive", and "Hill- crest Road", together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of the Subdivision of Lot 2 of Lot 1 of LotlofLotlofLotlafLotl of Lot 1 of Lot A in Hillcrest Park in the City of Dubuque, Dubuque County, Iowa, which will hereafter be known as Block 6, Block 7, Block 8 and Block 9 in Hillcrest Heights in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and Clerk are hereby au- thorized and directed to endorse the approval of said City upon said plat, provided the owners of , said property, Hillcrest Builders, Inc., execute the written accept- ance hereto attached, agreeing: a. To reduce all streets to grade as shown by the profiles sub• witted with the plat; b. To surface Jeffrey Drive, Val• ley View Road and Hillcrest Road, for a width of thirty feet (30') from curb face to curb face with six inch (6") rolled stone base, and two and one- half inch (2YZ") hot mixed, hot laid, bituminous concrete surfaaing with concrete curb and gutter as shown in City of Dubuque Standard Curb and Gutter section; c. To surface that portion of Car• ter Road appearing on said plat for a width of forty feet (40') from curb face to curb face with eight inch (8") rolled stone base and two and one- half inch (2~Z") hot mixed, hot laid bituminous concrete sur- facing with concrete curb and gutter as shown in City of Du- buque Standard Curb and Gut- ter Section; d. To install sanitary sewers in accordance with plans submit- ted with the plat; e. To install storm sewers in ac• cordance with plans submitted with the plat; f. To install water mains in ac• cordance with the plans sub• witted with the plat; g. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, under the inspection of the City Engineer, and in a man- ner approved by the City Man- ager; h. To maintain the street im- provements for a period of four (4) years from the date of their acceptance and to main- tain the storm and sanitary sew• ers for a period of two (2) years from the date of their accept- ance; i. To construct said improvements prior to November 1st, 1958; and further provided that Hill- crest Builders, Inc., as owners of said subdivision secure the per- formance of the foregoing condi- tions with a surety bond in such amount and with such sureties as may be acceptable to the City Manager; Section 3. Because of the fact that Carter Road will be surfaced as a forty foot (40') street, the City of Dubuque agrees to pay the por- tion of the cost of such surfacing as is attributable to the rolled stone base in the center ten feet (10') and two inches (2") in thick- ness of rolled stoen base for the remaining thirty feet (30') in width; Section 4. That in the event the said owners shall fail to execute the acceptance and provide the bond required in Section 2 hereof within forty-five (45) days from the date of this Resolution the pro visions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. I, u' 11 i I I ~,' I 'I i i, II I,,' i 140 Special Session, March 25, 1957 Passed, adopted and approved by unanimous roll call vote, March 25th, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Acceptance of Resolution No. 61.51 Hillcrest Builders, Inc. with full knowldege and understanding of all the items and conditions of Resolution No. 61-57 hereby ac- cepts the same as adopted and agrees to abide by, comply with and carry out all of the terms and conditions thereof. Hillcrest Builders Inc. By R. L. Rafoth, Vice Pres. By Richard V. Hansel, Secy. To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Res- olution Na. 61.57 t as been provid- ed by the Subdivider. Dated at Dubuque, Iowa this 1Dth day of April, 1957. L. J. SCHILTZ, City Manager 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. 62.57 Whereas Clarence A. Dirksen and Grace F. Dirksen, husband and wife, have tendered to the City of Dubuque their Warranty Deed conveying Lot 2 of Lot 1 of Lot 1 of Lot 1 of "Dirksen Place" in the City of Dubuque, Dubuque County, Iowa, as the same appears upon plat of Blocks 6, 7, S and 9 in Hillcrest Heights in the City of Dubuque, Iowa, submitted by Hill- crest Builders, Inc.; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the Warranty Deed of Clarence A. Dirksen and Grace F. Dirksen, husband and wife, conveying the above de- scribed lot to the City of Dubuque, be and the same is hereby accept- ed and said groperty established as a public street, to be lnzown as a portion of Hillcrest Raad, pro- vided the said grantors execute the written acceptance attached hereto, agreeing: (a) To reduce said strip of land to the grade shown in the profile of Hillcrest Road submitted in connection with the above plat of Hill- crest Heights; (b) To surface said strip of land (or so much thereof as may be necessary to make the total surfaced area of Hill- crest Road thirty feet (30') in width with six inch (6") rolled stone base and two and one-half inch (2}~'ry hot mixed, hot laid bitumi• nous concrete surfacing with concrete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Section; (c} To maintain said surfacing for a period of four (4) years from the date of its accept- ance. Passed, adopted and approved by unanimous roll call vote March 25th, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. RINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Acceptance of Resolution No. 62.51 Clarence A. Dirksen and Grace F. Dirksen, husband and wife, with full knowledge and understanding of all the terms and conditions of Resolution No, ti2.57, hereby ac- cept the same as adopted and agree to abide by, comply with and carry out all the terms and conditions thereof. Executed this 3rd day of April, A. D. 1957. CIarence A. Dirksen Grace F. Dirksen Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintainger, Kolb, Schueller, Welu. Nays-None. Special Session, March 25, 1957 141 RESOLUTION N0. 63.57 Resolution restricting the author- ity of the City Manager to issue permits for excavation in: Angela Street from East Prop- erty Line of Cox to the East Prop- erty Line of Lot 15 Quigley's Sub. Out Lot 709. Audubon Street from North Property Line of Grandview to the South Property Line of Rose- dale Avenue. Cherry Street from West Prop- erty Line of Avoca Street to end of Cherry Street. Decatur Street from West Prap• erty Line of Rhomberg to East Property Line of Lincoln Avenue. Fulton Street from East Proper ty Line of Monroe to East Proper ty Line of King Street. Gilmore Street from South Prop• erty Line of West Fifth to the end of Gilmore Street. Greeley Street from South Prop- erty Line of Broadway to west lot line of Lot 16 King Grove Addi- tion. Monroe Street from South Prop• erty Line of Broadway to alley west of Fulton Street. Prescott Street from South Prop• erty Line of Emerson to the South Property Line of Roosevelt Street. Providence Street from North Property Line of Johnson to the South Property Line of Stafford Street. West 17th Street from East Prop- erty Line of Cox to existing con- crete on West 17th Street. Solon Street from East Proper ty Line of Nevada to the West Property Line of Alpine Street. East 25th Street from North Property Line of Central to alley north of Elm Street. Union Street from South Prop- erty Line of Cleveland to the North Property Line of Rush Street. York Street from North Prop- erty Line of Curtis Street to the South Property Line of Dodge Street. North Grandview Avenue from the North Property Line of Dexter Street to the extension of the South Property Line of Lot 74 of Wood- lawn Park Addition. North Grandview Avenue from the West Property Line of Auburn Street to the South Property Line of Clarke Drive. North Grandview Avenue from the West Property Line of Auburn Street to the intersection with Au- dubon Street. Central Avenue from 32nd Street to the City Limits. Carter Road from the South Property Line of Asbury Road to a point 73 feet south of the South Property Line of Valleyview Road. Valleyview Road from the West Property Line of Avalon Road to the East Property Line of Carter Road. Jeffrey Drive from the North Property Line of Hillcrest Road to the South Property Line of Valley- view Road. Deborah Drive from the North Property Line of Hillcrest Road to the East Property Line of Car- ter Road. Hillcrest Road from the East Property Line of Avalon Road to a point 1Z0 feet west of the West Property Line of Jeffrey Drive. Evergreen Drive from the North Property Line of Asbury Road to the North Property Line of Karen Road. Karen Road from the East Prop- erty Line of Lot 9 of Block 1 of Clover Hills Subdivision to the East Property Line of Evergreen Drive. Indian Ridge from the North Property Line of Indian Hills Sub- division to the North Property Line of Arrowhead Drive. Wapello Place from the West Property Line of Indian Ridge to a point 115 feet west. Arrowhead Drive from a point 127 feet east of the East Property Line of Indian Ridge to a point 140 feet west of the West Property Line of Indian Ridge. Andrew Court from the North Property Line of Kane Street to the North Property Line of Bell- man Street. Boyer Street from the West Property Line of Andrew Court to a point 149 feet west. Bellman Street from the West Property Line of Andrew Court to a point 180 feet west. Whereas, the above named streets in the City of Dubuque will be paved with Bituminous Con• 142 Special Session, March 25, 1957 Crete or Asphaltic Concrete Sur- facing Hot Mix•Hot Laid; and Whereas, it is not in the best interest of the City that such pav ing be disturbed for a period of at least ten years; and Whereas, under Ordinance No. 45.51 adapted September 25, 1951, the City Manager is authorized to issue excavation permits for mak- ing excavations in the city streets. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That the City Manager is hereby directed not to issue any such ex• cavation permits for the purpose of making excavations in the fore- going described streets fora peri- od of ten years from the date of completion of construction of each named street unless in case of emergency or specifically so au- thorized by the City Council. Passed, adopted and approved this 25th day of March, 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. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 6451 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisiosn of law relat• ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cig• arette papers within said City. Allen R. Uppinghouse (Effective 4/1/57), 238-240 West 6th Street. Laverne Jorgenson, 649 East 16th Street. Robert E. Cahill, 402 Locust Street. Louis O'Meara,1655 Delhi Street. Erwin J. Hafeman, 2370 Rhom• berg Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 25th day of March, 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. RESOLUTION N0. 65.57 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 Coun- cil of the City of Dubuque that the following applications be granted and licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Donald M. Love, 250 West 6th Street Mrs. Alma Henkel, 241 Main Street Sylvester A. Weiner, 201 East 22nd Street Laverne Jorgenson, 649 East 16th Street Louis T. Bournias, 760 East 16th Street Florance Deutsch, 1298 Main Street Albert Metcalf, 400 Central Avenue CLASS "C" PERMIT Tenenbom's Super Market, Inc., 200 So. Locust Street Passed, adopted and approved this 25th day of March, 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. Secopd- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Special Session, March 25, 1957 143 RESOLUTION N0. 6657 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named ap• plicants a Beer Fermit. CLASS "B" PERMIT Donald M. Love, 250 West 6th Street Mrs. Alma Henkel, 241 Main Street Sylvester A. Weiner, 201 East 22nd Street Laverne Jorgenson, 649 East 16th Street Louis T. Bournias, 760 East 16th Street Florance Deutsch, 1298 Main Street Albert Metcalf, 400 Central Avenue CLASS "C" PERMIT Tenenbom's Super Market, Inc., 200 So. Locust Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby ap• proved. Passed, adopted and approved this 25th day of March, 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. Councilman Schueller moved that Owen Riley be reappointed to the Board of Adjustment for a five year term ending March 5, 1962. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. 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