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1957 April Council Proceedings
~ T i liegular Session, April 1, 1957 145 -~,E~ ~~ `, I' R as ! i~ ' ~ ~ ~~ :,~ ~~ ~ A 384980, Standard Accident Ins. Company, `~ L ~ ~ '''~ ~ ~ ° - - Respectfully submitted, (OFFICIAL) L. J. SCHILTZ, ~ Regular Session, April 1, 1957. City Manager Council met at 7:30 P.M. Councilman Kolb moved that the Present-Mayor Dove, Council- bonds and policies should be filed men Kintzinger, Kolb, Schueller subject to the approval of the City , Welu. City Manager Schiltz, Mayor Solicitor. Seconded by Councilmen Dove stated that this is the regu- Kintzinger. Carried by the follow- lar monthly meeting of the City ing vote: Council for the purpose of acting Yeas-Ma or Dove Councilmen y upon such business as ma y prop- Kintzinger, Kolb, .Schueller, Welu. erly come before the meeting. Nays-None. Communication of Hawkeye Se- April 1, 1957 curity Insurance Company advis- To the Honorable Mayor ing of the cancellation of Policy and City Council, Dubuque Iowa CPL 237815 issued to the East Du- , buque Sand & Gravel Company and Coyle Construction Co pre- Gentlemen; Avon Street is narrow and has ., sented and read, Councilman several garages on the north side Schueller moved that the cancel- adjacent to the curb. Automobiles backin t f h lotion be accepted, providing there g ou o t ese garages do ~ are no outstanding claims Second- not leave sufficient room to turn . ed by Councilman Kolb Carried if parking is allowed opposite the . by the following vote: driveways. Parking is prihibited on Yeas-Mayor Dove, Councilmen the north side of this street at Kintzinger, Kolb, Schueller Welu present and there are no garages , , Nays-None, on the south side so if the restrict- April 1, 1957 ed parking area changed to the south side there would be no con To the Honorable Mayor. - flict and City Council, Dubuque Iowa . I recommend that parking on , the south side of Avon Street be Gentlemen: restricted and parking be retained ~ This is to advise that I have ap- on the north side, proved the following bonds and Respectfully submitted policies and desire to have your , L, J. SCHILTZ approval on same for filing, stab- , City Manager ject to the approval of the City Solicitor; Councilman Welu moved that the recommendation of the City HEATING Ray H. Rafoth, d/b/a Ray Rafoth Manager be approved and that proper proceedings be prepared Heating & Sheet Metal, Wolverine . Seconded by Councilman Schuel- Ins. Company, ler. Carried by the following vote: f SIDEWALK Yeas-Mayor Dove, Councilmen Robert Shireman & Edgebert Kintzinger, Kalb, Schueller, Welu, McNamer, Merchants Mutual Bond• Nays-None. ing Co. March 28, 1957 Joseph A. Becker d/b/a Albert To the Honorable Mayor Becker & Sons, General Casualty and City Council, Co, of America, Dubuque, Iowa € Raphael H, Strub, Western Sure- Gentlemen: ty Company. I herewith submit the reports of Wendell Rettenberger, d/b/a the City Auditor, City Treasurer Rettenberger Tree & Landscape , City Health Department and City Service, Ohio Casualty .Ins. Com- Water Works for the month of pony, February as well as list of claims ' EXCAVATION and list of payrolls for which war- Dubuque Excavating Company, rants were issued for the month Policy No. CL 838390, Bituminous of February, 1957. Casualty Corporation. Respectfully submitted, Russell A, Schueller, d/b/a L. J. SCHILTZ, ' Schueller and Company, Policy No, City Manager i ~, i', ~i 146 Regular Session, April 1, 1957 Councilman Kalb moved that the reports be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. March 28, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The City Council cancelled the Kenneth Gaber Company permit to excavate in streets of the City after notification by his insurance company that his liability insur- ance policy was to be cancelled, This action was taken prior to the date set for cancellation, however, the insurance company Pater gave notice that the policy would not be cancelled and the policy is still in force. In view of the above facts, I recommend that the City Council reinstate the permission of Ken- neth Gaber to excavate in the streets of the City of Dubuque. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 27, .1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Ella Wiemold of 705 Wilson Ave- nue, for injuries sustained Janu- ary 29, 1957 and find that the same has been settled by the abutting property owner. I therefore recommend that the claim be denied. Sincerely, T. H. NELSON Councilman Schueller moved that the recommendation of the City Solicitor be approved. Second• ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, March 27, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Nicholas G. Kieffer, 1818 So. Grand- view Avenue, far damages sus- tained when he struck an open manhole. As a result of the investigation 1 recommend that the claim be al- lowed and the Auditor instructed to issue a ~varrant in the amount of $7.50 to Nicholas G. Kieffer and deliver the same upon receipt of a properly executed release, Sincerely, T, H. Nelson Councilman Schueller moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant in the amount of $7.50, jsay- able to Nicholas G. Kieffer and deliver the same upon receipt of a properly executed release in full settlement of the claim. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu: Nays-None. ®RDINANCE N®. 27.51 An Ordinance Amending Ordi• nonce Na. 3.34, known as the Zon- ing Ordinance and Zoning Map, Changing the Zoning Classifica- tion of certain herein described real estate, presented and read. Councilman Welu moved that the reading just had be consid- ered the first reading of the Ordi- nonce. 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 Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Wehl. Nays-None. Councilman Welu moved that a public hearing be held on the Ordinance an May 6, 1957 at 7:30 P.M. in the Council Chamber and Regular Session, April 1, 1957 147 that the City Clerk be instructed to publish notice of same in the manner required by law. Secolid- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 28.57 An Ordinance Vacating the al- ley lying between Main street and Salina street from Camp street to Charter street, presented and read, Councilman Welu moved that the reading just had be consid- ered the first reading of the Or- dinance. 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 Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE N0. 28.57 An Ordinance vacating the Alley Lying between Main Sheet and Salina Street from Camp Street to Charter Street. Whereas Crescent Realty Corpora- tion, as ownere of Bloelt 29 in Du buque Harbor Company's Addition in the City of Dubuque, has petitioned the City of Dubuque to vacate the a]- ]ey lying in said Block 20 between Main Street and Salina Street from Camp Street to Charter Street ;and Whereas the City Plan Commission has recommended approval of said va- cation; and Whereas the City Council is of the opinion that it is in the public interest that said petition be granted; Now Therefore, Be It Ordained By The City Council Of The City Of Du- buque, Iowa: Section 1. That the alley lying in Block 20 of Dubuque Harbor Com- pany's Addition in the City of Du- buque, Iowa, between Main Street and Salina Street from Camp Street to Charter Street, be and the same is hereby vacated. Section 2. This Orflinance shall be in full force and effect from and after its final pasage, adoption and publica- tion as by law provided. Introduced the 1st day of April, 1967. Rule requiring reading on three sep- arate days suspended by unanimous vote the 1st day of April, 1957, Passed by recorded roll-call vote, adopted and approved this 1st day of April, 1952 CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. Ii;OLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: LEO F. FROMMELT City Clerk, Published officially in The Tele- graph-Herald Newspaper this 5th day of April, 1957. LEO F. FROMMELT lt. 4/5 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, We1u. Nays-None. Petition of Crescent Realty Oar- poration requesting that the alley in Block 20 in Dubuque Harbor Company's Addition be deeded to them, presented and read. Council- man Welu moved that a public hearing be held on the petition at 7;30 P. M, in the Council Cham- ber and that the City Clerk be in- structed to publish notice of same in the manner required by law. Seconded by Councilman Schuel- ler, Carried by the following vote; Yeas-Mayor ~ Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 29.57 An Ordinance establishing a grade on Carter Road from a point 487 feet southerly from Asbury Road to a point 75 feet South of the South property line of ValIey- view Road, 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, We1u. Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 29-57 An Ordinance establishing a Grade bn Carter Road from a point 437 feet southerly from Asbury Road to a point 75 feet South of the South Property Line of Valleyview Road. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Carter Road from a point 437 feet southerly from Asbury Road to a point 75 feet south of the South Property Line of Vallayview 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 1443. Bench Mark; Point of Arrow on Fire Hydrant at fr" 148 Regular Session, April 1, 1957 the corner of Avalon and Hillcrest Roads, Elevation 862.90, Said grade begins at a point 487 feet southerly from Asbury Road, which is station 4}87, East and West Curb Elevation 894.90; thence to station 5}00, East and West Curb Elevation 894.97; thence to station 6}26, East and West Curb Elevation 895.02; thence to sta- tion 6}75, East and West Curb Ele- vation 895,33; thence to station 6}25, East and West Curb Elevation 906,08 thence to station 6}75, East and West Curb Elevation 898,58; thence to sta- tion 7}56, East and West Curb Ele- vation 903.13; thence to station 8}00, East and Vt'est Curb Elevation 896.27; thence to station 8}06, East and West Curb Elevation 906.42; thence to sta- tion 8}50, East and West Curb Ele- vation 908.40; thence to station 8}81, which is a point 75 feet South of the South Property Line of Valleyview Road, East and West Curb Elevation 909.02. 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 1st day of April, 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 5th day of April, 1957. LEO F. FROMMELT, 1t 4-5 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. 30.57 An Ordinance establishing a Grade on Hillcrest Road from a point 424,5 feet westerly from Ava- lon Road to a point 120 feet west- erly of West Property Line of Jeff- rey Drive, 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 Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 30.57 An Ordinance establishing a Grade on Hillcrest Road from a point 424.5 feet Westerly from Avalon Road to a po~ytLine of JeffreyrDrive~est Prop- Be If Ordained By The City Council Of The City of Dubuque: Section 1. That a grade on Hillcrest Road from a point 424.5 Peet Westerly from Avalon Road to a point 120 feet westerly of West Property Line of Jeffrey Drive, be and the same is here- by established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1439. Bench Mark: Point of Arrow on Fire Hydrant at the corner of Avalon and Hillcrest Roads, Eleva- tion 862.90. Said grade begins at a point 424.5 feet Westerly from Avalon Road, which is station 424.5; North and South Curb Elevation 885.13 thence to Station 7}25, North and South Curb Elevation 907.42, thence to Station 7}23.5 which is a point 120 feet West of West Property Line oP Jeffrey Drive, North and South Curb Elevation 907.64. 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 1st day of April, 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 thrs 5th day of April 1957, LEO F, FROMMELT 1t. 4/5 City Clerk: Councilman Welu moved the adoption of the Ordinance, Second- ed by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0, 31.57. An Ordinance establishing a grade on Pennsylvania avenue from the west property line of Chaney Road to the West Corpo- ration Limits, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Schuer 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 Kolb. Carried by ,the fob lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0, 31.57 An Ordinance establishing a Grade on Pennsylvania Avenue from -the Wost Property line of Chaney Road to the West Corporation Limits. Regular Session, April 1, 1957 149 Be It Ordained By The City Council Of The City of Dubuque: Section 1. That a grade on Penn- sylvania Avenue from the west Prop- erty Line of Chaney Road to the west Corporation Limits be and the same is hereby established and adopt- ed as shown by a profile of said street and grade prepared by the City Engineer, profile number 1462. Bench Mark: Point of Arrow on Fire Hy- drant at Northeast Corner of Inter- section of Pennsylvania Avenue and Chaney Road, Elevation 799.72. Said grade begins at West Property Line oP Chaney Road which is station 0}00, thence to station 0}04, end of Radius Curb Elevation 796.1D, thence to station 0}60, North and South Curb Elevation 795.34, thence to Station 1}10, North & South Curb Elevation 794.85, thence to Station 1}60, North and South Curb Elevation 796.6 , thence to Station 2}-60, North and South Cttrb Elevation 798.46, thenoe to Station 8}6Q North and South Curb Elevation 803.12, thence to Station 4}64, North and South Curb Elevation 811.b5, thence to Station 7}36, North and South Curb Elevation 839.92, thence to Station 8}35, North and South Curb Elevation 846.51, thence to Station 9}35, North and South Curb Dlevation 846.62, thence to Station 11}10, North and South Curb Elevation 837,56, thence to Sta- tion 12}60, North and South Curb Elevation 835.74, thence to Station 14}1Q North and South Curb Eleva- tion 844.13, thence to Station 15}50, North and South Curb Elevation 858.73, thence to Station 17}00, North and South Curb Elevation 863.71, thence to Station 18}50, North and South Curb Elevation 857.64, thence to Station 24}6D, North and South Curb Elevation 806.47, thence to Sta- tion 26}10, North and South Curb Elevation 797.99, thence to Station 27}60, North and South Cttrb Eleva- tion 797,74, thence to Station 28}50, North and South Curb Elevation 801.24, thence to Station 30}00, North and South Curb Elevation 800.97, thence to Station 31}b0, Nnrth and South Curb Elevation 796.04, thence to Station 32}85.92 which is the West Corporation Limits, North and South Curb Elevation 788.90. 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 1st day of April, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: Leo F. Frommelt city Clerlr. Published officially in The Tele- graph-Herald newspaper this 5th day of April, 1957. hEO F. FROMNIELT lt. 4/5 City Clerk. Councilman Welu moved the adoption of the Ordinance, Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Dove, Cauncilmea Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 32.57 An Ordinance establishing a grade an Valleyview Road from a point 410 feet Westerly from the West Property Line of Avalon Road to the East Property Line of Carter Road, presented and read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. 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 Kolb. Carried by the fal- lowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 32.57 An Ordinance establishing a Grade on Valleyview Road from a point 91D feet Westerly from the West Prop. erty Line of Avalon Road to the East Property Line of Carter Road. Be It Ordained by the City Council of the City of Dubuque: Section 1, That a grade on Valley- view Road from a point 410 feet West- erly from the West Property Line of Avalon Road to the East Property Line of Carter 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 1438. Bench Mark: Point of Arrow on Fire Hydrant at the Corner of Avalon and Hillcrest Roads, Elevation 862.90, Said grade begins at a point 410 feet Westerly from the West Property Line of Av- alon Road which is station 4-{-10, North and South Curb Elevattion 882,29; thence to station 4}60, North and South Curb Elevation 885.54 thenoe to station 4}80, North and South Curb Elevation 887.10; thence to station 5}OQ North and South Curb Elevation 888.76; thence to station 5}20, North and South Curb Elevation 888,88; thence to station 6}28, North and South Curb Elevation 900.32; thence to station 6}53, South Curb Elevation 902.59, North Curb Eleva- tion 902.16; thence to station 6}78, which is the East Property Line of Carter Road, South Curb Elevation 904.86, North Curb Elevation 903.14. 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 1st day of April, 1967. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Attest: Leo F. FrommeltCouncilmen City Clerk Published officially in The Tele- graph-Herald newspaper this 5th day of April, 1962 LEO F, FROMMELT, it 4-5 City Clerk Councilman Welu moved the adoption of the Ordinance. Sec- onded by Councilman Kolb, Can ried by the following vote; 1'S© Regular Session, April 1, 1957 Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, April 1, -1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The attached ordinance regulat- ing taxicabs has been prepared according to your directio-n. This ordinance requires taxicabs to se- cure operators permits that are issued only after a public hearing held by the City Council to de• termine the public necessity to in• crease the number of taxicab op- erators, The ordinance also provides far an increase in taxicab rates and sets up zone fares that have re- ceived your ;prior approval. i recommend that the Council act favorably on this proposed or- dinance. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of the City Manager be approved, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, We1u. Nays-None, Councilman Schueller moved that the zones an the City Map af- fecting the taxicab rates as pre- sented be approved, Seconded by Councilman Kintzinger, Carried by the following vote: Xeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, We1u. Nays-None. ORDINANCE N0. 33.57 An Ordinance Providing for the Regulation of Taxicabs, requiring a License therefor, Prescribing the License Fee, and Providing a Pen- alty for the violation thereof, and Repealing Ordinance No. 56.55, presented and read, Councilman Welu moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Schueller. 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, I{olb, Schueller, Welu, Nays-None, Ordinance No. 33.57 An Ordinance Providing for the Regu- lation of Taxicabs, Requiring a License therefor, Prescribing the License Fee, and Providing a Pen- alty for the Violation thereof, and Repealing Ordinance No. 56-55, Be It Ordained by the City Council of the City of Dubuque, Iowa; Section 1. The ioliowing words and phrases, when used in this Or- dinance, shall have the meanings set out herein; (a) Taxicab means a motor ve- hicle regularly engaged in the busi- ness of carrying passengers for hire, having a seating capacity of less than ten (10) persons and not operated on a fixed route; (b) Chauffeur means any person who operates an automobile in the transportation of persons, and who receives any compensation for ouch service in wages, commissions or otherwise paid, directly or 1ndlreet]y. Section 2. No person shall oper- ate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets in the City of Dubuque, without first having obtained a taxicab operator's permit from the City of Dubuque; Section 3, An application for a taxicab operator's permit shall be filed with the City Manager, upon Porm provided by him; and said ap- plication shall furnish the following information: (a) The name and address of the applicant; (b) The experience of the appli- cant in the transportation of passen- gers; (c) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of the permit; (d) The number of vehicles to be operated or controlled by the appli- cant and the location of the proposed depot or terminal; (e) The color scheme or insignia to be used to designate the vehicle or vehicles of applicant; (f) Such further information as the City Manager may reasonably require. Section 4. Upon the filing of an application the Councfl shall fix a time and place for public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons who hold taxicab opera- tor's permits, in good standing. Notice of such hearing shall also be posted on a bulletin board in the City Hall. Any interested person may file with the Clerk a memorandum in support or opposition to the issuance of the certificate at any time prior to the time set for said hearing. Section 5. If the Council finds that further taxicab service in the City of Dubuque ie required by the public convenience and necessity and that the applicant is fit willing and able to perform such pudic transportation and to conform to the provisions of this Ordinance and the Laws of the State of Iowa, then the City Council shall issue a permit stating the name and address of the applicant, the maximum number of vehicles oath- Regular Session, April 1, 1957 151 orized under the permit and the date of issuance; otherwise the application shall be denied, In making the above findings the Council shall take into consideration the number of taxicabs already in operation, whetherexisting transpor- tation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and respon- sibility of the applicant, The permit shall remain valid until revoked by the Council, or surrend- ered by Che applicant, so long as the annual license fees hereinafter pro- vided are paid, Section 6. VPhen any holder of a taxicab operator's permit shall desire to increase the number of vehicles authorized under the permit, he may make application therefor to the City Manager, together with the payment of the annual license fee hereinafter provided, and if the City Manager shall find that such an increase in the number of cabs is in .conformity with the requirements of Section 5 hereof he may authorize the increase, subject to confirmation by the City Council; - Section 7, No taxicab operator's permit shall be issued or continued in operation unless the holder thereof hoe paid an annual permit fee of Ten Dollars ($10) for the right to engage in the taxicab business and a license fee of Twenty-five Dollars ($25) each year for each vehicle authorized under the permit, Said Li- cense fees shall be for one year starting April 1 and shall be in addition to any other license fees or charges established by proper authority and applicable to said holder and the vehicle or vehicles under his opera- tion and control; Section 8. No taxicab operator's permit may be sold, assigned, mort- gaged or otherwise transferred with- out the consent of the City Council; Section 9. The taxicab license tag or plate shall be fastened upon the vehicle and shall not be removed until the expiration of the license period; Section 10. As a condition to grant- ing the taxicab operator's permit the person seeking such permit shall file, in tho office of the City Cleric, a motor vehicle operator's liability in- surance policy, executed by a com- pany authorized to do insurance busi- ness in the State of Iowa, in a form approved by the City Manager, The Minimum limits of such policy shall be as follows: To cover the assured's liability for personal injury or death of one person, as the result of one accident, or other cause, Ten Thousand Dol- lars ($10,000); To cover the assured's liability for personal injury or death of more than one person, as the result of one ac- cident or other cause, Twenty Thous- and Dollars ($20,000.); To cover the assured's liability for damage to or destruction of property other than that of the assured, as the result of any one accident or cause, Five Thousand Dollars ($5,000). Each policy shall contain the follow- ing endorsement: It is understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Dubuque will be given ten (10) days' prior written notice of such proposed suspension or cancellation. It is fur- ther understood and agreed that the obligation of this poliay shalt not be affected by any oat or omission of the named assured, or any employee of the named insured, with respect tq any condition or requirement attach- ed thereto, no by any default of the assured in payment of the premium, or in the giving of any notice re- quired by said policy, or otherwise, nor by the death, insolvency, bank- ruptcy, legat incapacity or inability of the assured;' The failure of any permit holder to maintain such poliay in full force and effect throughout the life of the per• mit shall be grounds for revocation of the permit by the City Manager and upon such revocation said permit holder shall cease business as a taxi- cab operator until the permit has been reissued by the City Council; Section 11. Any chauffeur, as here- in defined, shall wear upon his cloth- ing acurrent chauffeur's naense but- ton nr tag, issued to him by the City Manager, for which he shall pay the sum of One Dollar and Fifty Cents ($1.60) per year. Operating an un- licensed taxicab, or permitting a licensed taxicab to be operated by an unlicensed chauffeur, or driving a licensed or unlicensed taxicab with- out being a licensed chauffeur, shall constitute a violatlan of this Ordi- nance. Section 12. Taxicab fare zones are hereby established as shown on the map entitled "Taxicab Zone Map." heretofore approved by tho City Coun- cil and now on file with the City Clerk; Section 13, The following are here- by fixed and established as the rates and prices for the transportation of passengers by taxicab within. the City limits of tho City of Dubuque: Inner Outer Between Zone Zone Zone For one passenger ,.,,$ .65 $ ,80. $ ,80 For two or more pas- engers (not exceed- ing five) with the same points of origin and desti- nation ........................$ .S5 $1,00 $lA0 For two or more passengers (n o t exceeding five ) with the s a m e point of origin, but diffirent desti- nations: For the first paa- senger alighting ....$ ,65 $ ,8p $ ,80 For each of the other passengers ..$ ,40 $ .40 $ ,40 Far two or more passengers (n o t exceeding five) with different points of origin and destinations; Each ..........................$ .65 $ ,80 $ .30 The above figures Shan include the passengers ordinary luggage, No charge shall be made for wait- ing time under ten minutes. ~Paiting time in excess of ten minutes may be charged at the rate of $3.00 per hour. Section 14. Every motor pehiele operating as a taxicab shall have ex- posed in a conspicuous place, in clear view within the passonger's com- partment, a printed table large enough to be read by the passengers in the taxicab, showing the rates herein established; and it shall be un- lawful to operate, or permit to be operated, any taxicab unless said rates are posted as herein provided; Section 15, No chauffeur ahaA per- mit any other person to occupy or ride in a taxicab, unless the person, or persons, first employing the taxi- cab shall consent thereto; If Ill li i ~~ ~ ~iIII i ~~, i II' Ili (~ ,I ~Vi 152 Regular Session, April 1, 1957 Section i6. The driver of any taxi- cab shall, upon request, furnish any passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially pre- pared receipt, on which shall be shown the name of the taxicab operator, the chaffeur's name and license number, the taxicab license number, the date and the items for which charges are made; Section 17. It shall be unlawful for any person to refuse to pay the legal fare for a taxicab after having hired the same; Section 18. The City Manager, with the approval of the City Council, may set apart places upon the streets in the City of Dubuque where taxicabs may stand and where passengers may be solicited, but nothing herein shall permit such soliciting to be made away mom the cab so as to subject pedes- trians to annoyance or interference; Section 19. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than One Hundred Dollars ($lOD) and in default of such fine and costs, shall be imprisoned for a period of not to exceed thirty (30) Gays; Section ti0. That the present taxi- cab operators upon making application in accordance with Section 3 hereof and paying the necessary fees within 30 days from the date of adoption of this ordinance shall be authorized to operate taxicabs in the City of Du- buque as follows: Name No. of Cabs Diamond Cab Company .:...................... 3 Black & White Cab Company ..........13 Veterans Cab Company ........................ 8 Section 21, Ordinance No. 56-55 is hereby repealed. Section 22. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introduced the lot day of April, 1969, Rule requiring reading on three separate days suspended by unani- mous vote the 1st day of April, 1957. Passed by recorded roll-call vote, adopted and approved this 1st day of April, 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 6th day of April, 1957. LEO F. FROMMELT, it. 4/5 City Clerk. Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kalb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 34.57 An Ordinance Prohibiting thQ Sale of Baby Chicks, Rabbits or Ducklings as Pets or Novelties, and Providing a Penalty far the Vio- lation thereof, presented and read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded b'y Councilman Kalb. Carried by the following vote; Yeas-Mayor Dave, 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. ORDINANCE N0, 34.57 An Orflinance Prohibiting the Sale of Baby Chicks, Rabbits or Duclc- lings as Pets or Novelties, and Providing a Penalty for the Violation thereof. Whereas it appears to the City Council that during certain seasons in the year in the City of Dubuque per- sons have engaged in the business of selling baby chicks, duoklings and other fowl and rabbits as novelties and pets for children; and Whereas the Dubuque Society for the Prevention of Cruelty to Animals leas caused it to appear to the City. Council that the result of such sales is that said pets get into the hands of children of tender years ~vho are not capable oP properly caring for the same, and abuse and maltreat them; and `Vhereas it appears to the City. Council that said pets commonly ere- ate a nuisance; and Whereas in view of the foregoing considerations the City Council has determined that the sale of such pets constitutes, in effect, cruelty to ani- mals and is contrary to the peace and order of the community; Now Therefore, Be It Resolved By The City Council Of The City Of Du• buque: Section 1, It shall be unlawful for any person, firm or corporation to sell, or offer for sale, barter, or give away, baby chicks, rabbits, duckings or other fowl as pets or novelties, whether or not dyed, colored, or other- wise artificially treated; Section. 2. This Ordinance shall not be construed to prohibit the display or sale of natural chicks, ducklings or rabbits in proper brooder facilities, by hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes; Section 3. No person, firm or cor- poration shall engage in the business of selling baby chicks, poultry or do- mestic fowls within the City of Du- buque unless he has been licensed to do so by the Department of Agricul- ture of the State of Iowa; Section 4. Any person, firm or cor- poration violating any of the provi- sions of this Ordinance shall, upon conviction thereof be subjected to a fine not exceeding the sum of One Hundred Dollars ($100) or imprison- ment for a period not exceeding thir- ty (30) days in lieu of such fine. Section 5. This Ordinance shall be In full force and effect from and after fts final passage, adoption and publica- tion as by law provided. Introduced the 1st day of April, 1957.. T Regular Session, April 1, 1957 153 Rule requiring reading on three sep- arate days suspended by unanimous vote the 1st day of April, 1957. Passed, adopted and approved this 1st day of April 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 5th day of April, 1957, LEO F. FROMMELT lt, 4/5 City Clerk, Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Schueller, Car• ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Catholic Salvage Bu- reau, requesting a restricted load- ing and unloading curb area to service their basement storage in the building located at 2nd and Main presented and read. Council- man Welu moved that the petition be referred to the City Manager and Police Chief for investigation and report, Seconded by Council- man Kolb, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Wendelin Rettenberg- er et al, requesting rezoning of the property located at 49 and 65 on Meadow Lane, being Lot 2 of Smith Meadow Lane Place and Lot 13 of Sisters Addition from asin- gla family residence district classi- fication to a local business Class A district classification, presented and read. Councilman Welu moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Clarence Bradley, re- questing that his name be with- drawn from the Wendelin Retten- berger et al petition relative to the rezoning of the area located ad- jacent to Highway No, 2, between Stetmore and Meadow Lane, pre- sented and read. Councilman Welu moved that the petition be referred to the Planning & Zoning Commis• sion, Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger Kolb, Schueller, Welu. Nays-None, Petition of Lee Stacker et al ob- jecting to the rezoning of the property located between Stetmore street on the West, Lombard street on the north and east and Dodge street and:or Highway 20 on the south from its present classifica- tion to any type commercial area, presented and read. Councilman Kintzinger moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Dubuque Supply Company, requesting permission to excavate in the alley between Main and Iowa street running from second to third street, presented and read. Councilman Welu moved that the petition be referred to the City Manager for further inves- tigation. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Larry B. Kemp, re- questing arefund in the amount of $50 on the unexpired portion of Class "B" beer permit No. 67, as he has discontinued business on March 30, 1957, presented and read, Councilman Kolb moved that the request be granted and the Auditor instructed to draw a warrant payable to Larry B, Kemp, in the amount of $50 to cover the unexpired portion of Class "B" per- mit No, 67, Seconded by Council- man Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, WeIit, Nays-None, Petition of Larry B, Kemp, re- questing arefund in the amount of $25 on the unexpired portion of cigarette license No, 246, as he has discontinued business as of March 30,1957, presented and read. Councilman Kolb moved that the request be granted and the Audl'tor instructed to draw a warrant pay 154 regular Session, April 1, 197 able to Larry B, Kemp, in the amount of $25 to cover the tinex- pired portion of cigarette license No. 246. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Lester Foell Sr., re- questing arefund in the amount of $25 on the unexpired portion of cigarette license No, 314, as he has discontinued business as of March 30, 1957, presented and read. Councilman Kolb moved that the request be granted and the Auditor instructed to draw a war- rant payable to Lester Foell Sr,, in the amount of $25 to cover the unexpired portion of cigarette li- cense No, 314. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Lester Foell Sr., re- questing arefund of $150 on the unexpired portion of Class B beer license No. 129, as he has discon- tinued business as of March 30, 1957, presented and read. Council- man Kolb moved that the request be granted and the Auditor in- structed to draw a warrant, pay- able to Lester Foell Sr, in the amount of $150 to cover the unex- pired portion of class B beer li- cense No. 129, Seconded by Coun• Gilman Schueller, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of James V. & Marie Walker, requesting arefund of $25 on the unexpired portion of cigarette license Na. 118, as they have discontinued business as of March 30, 1957, presented and read, Councilman Kolb moved that the request be granted and the Au- ditor instructed to draw a warrant payable to James V. & Marie Walk- er, in the amount of $25 to cover the unexpired portion of cigarette license No. 118. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None, Regular Session, April 1, 1957 155 Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 46.57 Whereas on March 19, 1953 the City Council of the City of Du- buque adopted Resolution Na, 105- 53, quit claiming to Arthur With- erall all of its right, title and in- terest in and to Lot 43 in Sister's Addition in the City of Dubuque, Iowa, to clar- ify the description authorized in the conveyance authorized by Reso• lution No, 2452 adopted March 3, 1952; and Whereas objection has been made that said Resolution No. 105- 53 was not adopted pursuant to published notice, Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa that the Quit Claim Deed from the City of Dubuque, Iowa, conveying all of its right, title and interest in Lot 43 in Sis- ter's Addition in the City of Du- buque, Dubuque County, Iowa, to Arthur Witherall, dated June 11, 1952 and filed June 14, 1952 and recorded in Book 144 TL, page 88 in the office of the Recorder of Dubuque County, Iowa, is hereby authorized, ratified and approved. Public hearing had on the fore- going Resolution 1st day of April, A. D. 1957, pursuant to notice pub- lished in the Telegraph Herald newspaper March 8th, 1957 and A4arch 15th, 1957. Passed, adopted and approved on recorded roll call vote the 1st day of April, 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, Klob, Schueller, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of notice of hearing on Resolution Na. 47.57 au- thorizing the conveyance of the Easterly 22 feet of Lot 14 "A" and the westerly 26 feet of Lot 13 "A" in Pauline Langwm~thy Subdivision to Francis L, Burd and Mary F, Burd, presented and read. Council- man Welu moved that the proof of publication be received and filed, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. RESOLUTION N0. 47.57 Whereas, Francis L. Burd and Mary F. Burd have petitioned the City Council to convey the easterly 22 feet of Lot 14A and the wester- ly 26 feet of Lat 13A, both in Paulina Langworthys Subdivision in the City of Dubuque, Iowa; and Whereas the City Council hav- ing examined said petition finds that, under the facts set out there- in, in the interests of justice such request should be granted; Now Therefore, Be It Resolved by the City Council of the City of Dubuque; Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed releasing all right, title and interest of the City of Dubuque in and to the East• erly 22 feet of Lot 14A and the Westerly 26 feet of Lot 13A in Paulina Langworthy's Subdivision in the City of Dubuque, Dubuque County, Iowa, to Francis L. Burd and Mary F. Burd, as joint tenants with right of survivorship and not as tenants in common and deliver same upon the payment of the cosfs of publication of notice of hear- ing on this Resolution; Section 2. That 'the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the County Recorder of Dubuque County, Iowa; Notice of hearing on the fore- going Resolution published in the Telegraph Herald March 8, 1957 and March 15, 1957, Petition of John P. Mihalakis, re- questing arefund in the amount of $150 on the unexpired portion of Class B beer license No, 131, as he has discontinued business as of March 30, 1957, presented and read. Councilman Kolb moved that the request be granted and the Auditor instructed to draw a war- rant payable to John P. Mihalakis in the amount of $150 to cover the unexpired portion of class B license No. 131. Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of John P. Mihalakis, re- questing arefund in the amount of $25 on the unexpired portion of cigarette license No. 96, as he has discontinued business as of March 30, 1957, presented and read, Councilman Kolb moved that the request be granted and the Auditor instructed to draw a war- rant payable to John P, Mihalakis, in the amount of $25 to cover the unexpired portion of cigarette li- cense No. 96, Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Catherine Murphy, re- questing arefund in the amount of $25 on the unexpired portion of cigarette license No. 310, as she has discontinued business as of March 30, 1957, presented and read. Councilman Kolb moved that the request be granted and the Auditor instructed to draw a war- rant payable to Catherine Mur- phy, in the amount of $25, to cover the unexpired portion of cigarette license No. 310. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen I{intzinger,' Kolb, Schueller, Welu, Nays-None. Proof of publication, certified to by the Publisher, of notice of hearing on Resolution No. 46.57 authorizing, ratifying and approv- ing deed conveying Lot 43 in Sis• ters Addition to Arthur Witherall, presented and read. Councilman Kolb moved that the proof of publication be received and filed. 156 Regular Session, April 1, 1957 Passed and adopted after public 'hearing by recorded roll call vote April 1, 1957. CHARLES E, DOVE ~II Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER ,~ Councilmen .. .. Publication cost paid uui April 3, 1957. 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 of hearing on Resolution No. 48.57 authorizing the conveyance of the Westerly 30 feet of Lot 15 "A" in Paulina Langworthy Subdivision in the City of Dubuque, Iowa to Ruby Steuck, presented and read. Councilman Schueller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None, RESOLUTION N0. 48.57 Whereas Ruby Steuck has peti- tioned the City Council to convey the westerly 30 feet of Lat 15A in Paulina Langworthy's Subdivision; and Whereas the City Council having examined said petition finds that, under the facts set out therein, in the interests of justice such request should be granted; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed releasing all right, title and interest of the City of Dubuque in and to. the Westerly 30 feet of Lot 15A in Paulina Langworthy's Subdivision in the City of Dubuque, Dubuque Coun- ty, Iowa, to Ruby Steuck and de- liver the same upon payment of the costs of publication of notice of hearing on this Resolution; Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the County Recorder of Dubuque County, Iowa; Notice of hearing on the fore- going Resolution published in the Telegraph Herald March 8, 1957 and March 15, 1957. Passed and adopted after public hearing by recorded roll call vote on April 1, 1957. CHARLES E, DOVE Mayor CLARENCE P, WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Publication costs paid April 2, 1952 Attest; LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 67.57 A resolution accepting the offer of The Telegraph Herald in the amount of $6000 for the purchase of the south 20 feet of West Ninth Street from Bluff street westerly a distance of 230.6 feet, said area now being known as Lot "A" of Vacated West Ninth Street, pre- sented and read. Councilman Welu moved that a public hearing be held on the resolution on May 6, 1957 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 21, 1957 To His Honor the Mayor and City Council Dubuque, Iowa Gentlemen; The Dubuque Peony Trail was started in 1938 and has come to be known as one of the most beau- Regular Session, April 1, 1957 157 tiful floral displays in this section of the country. For the purpose of aiding in the perpetuating of this Trail I am willing to give to the City of Du- buque Thirty-seven shares (37) of American Telephone & Telegraph Co,-approximately present value. $0,500 to establish a permanent fund to be titled, "The Ella M. Lyons Peony Trail Fund". The income from this Fund to be used by the Park Board for the purchase of fertilizer for the Trail, replacements, the purchase of va- rieties for specimen peony bed, and such other details as will make 'it more attractive. When new va- ~xieties are to be purchased the chairman of the Peony Trail Com- mittee of the Dubuque Garden Club shall be first consulted. This gift will be made upon the condition that the Peony Trail on Grandview shall always be maintained and that the Memorial Marker in memory of the Founder, Mrs. E. M. Lyons, shall be erected each year at the east peony bed in Washington Park or on Grandview Ave. at Delhi Street during the blooming season. It has been so erected for the past several years. If this gift is accepted and in later years the Park Board does not find it desirable to maintain the Peony Trail on Grandview Ave. in excellent condition at approxi• mately its present size, then the above American Telephone & Tel- egraph Co. stock with any unused income shall be transferred by the city, one-half to the Young Men's Christian Association and one half to the Young Women's Christian Association, These sums to be used by these Dubuque Institutions for permanent improvements and not for current expenses, If this gift is accepted I will transfer these shares immediately to the city so that the income may be available at once to the Park Board, May I hear from you promptly. Respectfully, E. B, LYONS Note-Acceptance of the above gift was voted upon at Council meeting of March 25, 1957, RESOLUTION N0. 68.57 Whereas, E, B. Lyons has ten- dered to the City of Dubuque a gift of thirty-seven shares of American Telephone and Tele- graph Company Common Capital Stock for the express purpose of using the income therefrom to maintain and perpetuate the Du- buque Peony Trail; and Whereas such donor has im- posed upon such gift certain terms and conditions as set out in his letter of March 21,1957, addressed to the Mayor and City Council of the City of Dubuque, which letter is now on file with the City Clerk; and Whereas the City Council is of the opinion that it is in the best public interest that such gift be accepted under the terms and conditions stated in such letter; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Seeti®n 1. That the City of Du- buque hereby accepts .such gift under the terms and conditions stated in such offer and the City Manager is hereby authorized to receive the transfer of said stock for and on behalf of the City of Dubuque; Section 2. That said thirty-seven shares of American Telephone and Telegraph Company common capi- tal stock shall, when received, be placed in the Trust and Agency Funds in a fund to be designated "The Ella M. Lyons Peony Trail Fund" and the income therefrom shall be used only for, the purchase of materials, suppties and replace- ments necessary to maintain the Dubuque Peony Trail as the same is now maintained, together with such additions as the circumstanc- es may prove proper; Section 3. That the City Manager is hereby directed to have installed and maintained, from time to. time, during the growing season of each year, a memorial marker in honor of the founder of the Peony Trail, Mrs. E. M. Lyons, either at the east peony bed in Washington Park or on Grandview Avenue near Delhi Street; Section 4. That the condition of said gift as expressed in the don- or's aforesaid letter, with regard to the reversion thereof in Ene event said Peony Trail is not main- tained on Grandview Avenue in its 158 Regular Session, April 1, 1957 present condition, is hereby ac- cepted by the City of Dubuque; Section 5. No variety of peony shall be purchased far said Peony Trail from the proceeds of said Fund without the recommendation of the Chairman of the Peony Trail Committee of the Dubuque Garden Club having been first ob- tained. Passed, adopted and approved this 1st day of April, A, D, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N,SCHUELLER CHARLES A. KIlQTZINGER Councilmen Attest: LEO F, FROMMELT, City. Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 69.57 A resolution approving plat and directing the issuance of a Quit Claim deed conveying all right, title and interest of the City of Dubuque to Mary T. Schiltz and Joseph H. Schiltz, in and to Lot 1 A of Lot 2 of the subdivision of Lots 24 and 25 of Stewart Sub- division in the City of Dubuque, presented and read. Councilman Welu moved that a public hearing be held on the resolution on May 6, 1957 at 7:30 P.M, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 70.57 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Emil E. Goergen, 2417 Rhomberg Avenue Clarence Walke, 2093 Washington Street Lawrence R. Thissen, 1190 Dodge Street Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 1st day of April, 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. Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 71.57 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Naw, 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 is- sued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Mrs. Adele Bahl, 253 West 1st Street Charles W. Krueger, 390 East 12th Street Clarence Walke, 2093 Washington Street Mrs. Ione Miller, 1322 Central Avenue Clifford Steffen, 1103 Iowa Street Vince Winders, 2319 Prince Street Dubuque Baseball Inc., East 4th Street Emil E. Goergen, 2417 Rhomberg Avenue Raymond Kortmeyer (Transfer of address from 435 Centrat) 475 Central Avenue CLASS "C" PERMIT Donald D. Schroeder, 2890 Central Avenue William J, White, 1993 Asbury Street Regular Session, Api11 1, 1957 159 Passed, adopted and approved this 1st day of April, 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- de by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 72.57 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 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 applicants a Beer Permit. CLASS "B" PERMIT Mrs. Adele Bahl, 253 West 1st Street Charles W. Krueger, 390 East 12th Street Clarence Walke, 2093 Washington Street Mrs, Ione Miller, 1322 Central Ave- nue Clifford Steffen, 1103 Iowa Street Vince Winders, 2319 Prince Street Dubuque Baseball Inc,, East 4th Street Emil E, Goergen, 2417 Rhomberg Avenue Raymond Kortmeyer (Transfer of address from 435 Central) 475 Cen- tral Avenue, Passed, adopted and approved this 1st day of April, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELD RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZIlJGER Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kalb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kolb moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Mr. Charles Egelhof, represent- ing the Funeral Directors, ad- dressed the Council about the use of lights in place of flags on cars in funeral processions, He further requested that cars in funeral pro- cessions have the right of way re- gardless of all red lights and stop signs, No immediate action was taken by the Council and Mr. Egel- hof was asked to outline his re- quest in writing. There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Iintzinger. Carried by the follow ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. LEO F. FROMMELT City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957. Adopted ..................................1957. CLASS "C" PERMIT Donald D, Schroeder, 2898 Central Avenue William J. White, 1993 Asbury Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Councilmen ...................................... Attest : ............................................ City Clerk 160 Special Session, April 15, 1957 i 1 ~'~ !~~ C ,~~i~'~ t~.~ ~ '~ l (OFFICIAL) Special Session, April 15, 1957. Council met at 7:30 P. M, Present-Mayor Dave, Council- men Kintzinger, Kolb, Welu, City Manager Schiltz, Absent-Councilman Schueller, Meeting called by order of Mayor DOVe. Mayor Dove read the call and stated that service thereof had been duly made and that this meeting is called far the purpose of considering the adoption of an ordinance proposing certain charg- es of sewer rentals for all connec- tions to the sanitary sewer system and acting on any other business as may properly come before a regular meeting of the City Coun- cil. April 13, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen, The attached ordinance proposes certain charges for sewer rentals for all connections to the sanitary sewer system. These charges are based on the amount of money needed to pay for the sewage treatment plant, pumping station and river force main and the main• tenance and operation of these fa• C111t1eS, The sewer rental rates in this ordinance are based on the water usuage of each individual. This basis is the most equitable and is the method of billing used by most cities, Those who do not use city water will have to install meters either an the water or sewer lines. Rates were figured on the basis of average usuage of water over a twelve month period which would exclude the water used for lawn sprinkling, The total amount of money nec- essary for debt amortization, op- eration and maintenance was es- timated by our consulting engi- neers, and this figure was used to determine what percentage of the water bIll would be needed to fi• nonce the sewage treatment facil- ities. The income needed for the treatment would amount to 50% of the water income. The rates in this ordinance are based on a charge for sewer ren- tal of one-half the water user rates. There are provisions for separate agreements for industrial users taking into consideration in- dustrial wastes that are difficult to treat and for which additional charges are collected, The rates will go into effect May 1st, however, the first billing will be an the water bill after July 1st, I recommend the approval of this ordinance because construc- tion of the treatment facilities will be under way late this summer and it will also be favorable to the city to show some experience in collections before the bonds are sold, Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of the City Manager be approved, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None, Absent-Councilman Schueller, Councilman Welu moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. Mrs, Delbert E, Breithauptof 250 Pear street addressed the Coun• cif making inquiry as to an in- crease in water rates. She was told that the new ordinance will not increase the water rates nor is an increase contemplated at the pres• ent time. ORDINA6CE N0, 35.57 An Ordinance establishing sew- age service charges and providing a penalty for the violation thereof, presented and read. Councilman Welu moved that the reading just had be considered the first read• ing of the Ordinance. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. Special Session, April 15, 1957 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 I{intzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, ORDINANCE N0, 35.57 An Ordinance Establishing Sewage Service Charges and Providing a Penalty For The Violation There- of. Be It Ordained by the City Coun- cil of the City of Dubuque, Iotiva that Section 1. Pw•pose, It is hereby de- termined and declared to be neces- sary and conducive to the protection of public health, safety, welfare and convenience of the City of Dubuque, Iowa, to levy and oollect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected di- roctly or indirectly with the sanitary sewage system of said City, the pro- ceeds of such charges or rentals so derived to be used for the purpose of constructing, operating, maintaining and repairing such sewage treatment plant. Section 2. Definitions, The follow- ing words and terms as used in this ordinance shall be deemed to mean and be construed as follows; Sewage Treatment Plant: "Sewage Treatment Plant" refers to any and all units of the municipal treatment owned and operated by the City of Dubuque, including the interceptor sewer system, the pumping stations delivering sewage to the plant and the outfall sewer system. Manager; "Manager" refers to the City Manager of the City of Dubuque, Iowa. Contributor: `Contributor" refers to any person, firm or corporation responsible for the production of do- mestic, commercial or industrial waste which is directly or indirect- ly discharged into the city's sanitary sewer system. Sewage Service Charge: "Sewage Service Charge" refers to any and all rates, charges, fees or rentals levied against and payable by the contributors, including special con- tracts or agreements which have been or may be negotiated by and between the City of Dubuque, com- m e r c i a l establishments, industries, manufacturing plants or corporation for the purpose of collecting rates, charges, fees or rentals, Water Department: "Water Depart- ment'~ refers to the City of Dubuque Water Department. Section 3. Duties of Officers and Departments: The officers and de- partments as listed shall have the following duties: City Manager: The City Manager shall be responsible to the City Coun- cil for the overall administration and operation of the sewage treatment system, and the determination of al] matters pertaining to rates, charges, fees, rentals, special rates and col- lection conditions as prescribed in Section 4 of this ordinance, Superintendent: The superintendent shall have charge of the operation of the sewage treatment plant under the general supervision oP the City Man- ager. 161 Water Department: The Water lle partment shall act as the collection agent and collect all monies payable under this ordinance and make an ac- curate accounting of all such monies to the City Treasurer. Section 4, Sewage Service Charge: Contributors whose property lies with in the corporate limits of the City of Dubuque, with the exception as here- inafter noted, shall pay to the City, through its collection agent at his office at the same time payment for Svater service is made, a sewer service charge computed on water consump~ lion on the following rates: a, Basic Charges; The sewage rates and charges shall be based on the quantity of water used on or in the property or premises, as the same is measured by the water meter there in use, except as herein otherwise stated. Water meters will be read U1- monthly (or a period equaling once every two months), Payment for the sewage service charge shall be paid to the City's collection agent at the same time payment is made for wafer service. b. Schedule of Rates: Monthly Rates First 1,000 cu.ft, at 0.18 per huh.cu.ft, Next 1,000 cu.ft, at 0.15 per hun.cu.ft, Next 1,000 cu.Pt, at 0.125 per hun.cu ft, Next 12,000 ou,ft. at 0.10 per hun,cu.fL. Next 35,000 cu.ft, at 0.09 per hun.cu.ft. Next 50,000 cu.ft, at 0,08 per hun,cu.ft. Balance at 0.0625 per hun.cuft. Bi-Monthly Rates First 2,OD0 cu.ft, at 0.18 per hun.cu.ft. Next 2,000 eu.ft. at 0.15 per hun.cu.ft. Next 2,000 cu.ft. at 0.125 per hun.cu.ft. Next 24,000 cu.ft, at 010 per hun.cu.ft. Next 70,000 cu.ft, at 0.09 per hun.cu.ft, Next 100,000 cu.ft, at 0.08perhun,cu.ft. Balance at 0.0526 per hun.cu.ft c. Service Charge: 1. When a parcel of real estate, property or building, discharging san• itary sewage, industrial wastes, water or other approved waste, either di- rectly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the City Water Department and the water used there• on or therein is not measured by a water meter or is measured by a water meter not acceptable to the City, the amount of water used shall be determined by the City in ouch manner as the City Manager may elect in order to establish the rate of charge as provided in this Ordinance, or the owner or other interested par- ties at his expense, may install and maintain a meter acceptable to thn City for said purpose. 2. When a parcel of real estate, property or building, discharging san- itary sewage, industrial wastes, water or other approved waste, either direct. ly or indirectly into the city's sanitary sewer system, is a user oY~water sup- plied by the City Water Department, and in addition uses water frum an- other source which is not measured by a water meter or is measured by a water meter not acceptable to the City, the amount of water used shall be determined by the City in such"a manner as the City Manager may elect in order to establish the rate oP charge as provided in this Ordinance, or the owner or other interested par- ties at his expense may install and maintain a meter acceptable to the City for said purpose. 3. When a parcel of real estate, property, or building, discharging san• nary sewage, industrial wastes, water or other approved waste either direct- ly or indirectly into the city's sanitary sewer system, is not a user cf water supplied by the City Water Depart- ment, the amount of sanitary sewage, industrial wastes, water or other ap- X82 Special Session, April 15, 195't proved waste discharged into the son itary sewer system shall be deter- mined by the City in such manner as the City Manager may elect in order to establish the rate of charge as provided in this Ordinance, or the owner or other interested parties at his expense, may install and main- tain a sewage meter acceptable !o the City for said purpose, 4. The City Council may, inrts discretion, upon application, permit connection to the city sanitary sewer system if properties located outside the corporation limits upon such terms and conditions as it may establish provided however that such terms shall not be more favorable to such property than the rates herein estah lished for city users. 6. In order that the rates and charges may be Justly and equitably adjusted to the service rendered, the City shall have the right to base its charges not only on volume but also on the strength and character of thu sewage and wastes deposited in the system by the contributor, The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's santitary sewage system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges based on strength of the sewage and liquid wastes shall be made on the following basic: For suspended solids in excess of 2.60 pounds for each 100 cubic feet of sewage and waste an additional charge of $0.01 shall be made for each pound, The determination of suspended sol- ids in the waste shall be in accord- ance with "Standard Methods for the Examinatimr of Water and Sewage," 6. The rates and charges may be billed the tenant or tenants oocupyh,g the properties served, unless other wise requested in writing by the own- ers, but such billing shall in no way relieve the owner from liability in the event payment is not made as herein required. 7: Where the quantity of water consumed is such that the minimum water service is charged, the minimum sewage charge shall be one half o'f the minimum water service charge. Sectlon 5. Effective Date: The rates, service charges, rentals or fees as provided in this ordinance shall na- come effective on and after the bil- ling date of July 1, 1967, and said rates, charges, rentals or fees shall thereafter be paid and collected as provided in this Ordinance. Section 6. Areas Not Served by Sanitary Sewer System: The rates, service charges, rentals or fees as pro vided In this Ordinance shall become effective at the time sewage from the contributors is first directed to the sanitary sewer system, At the time sanitary sewers are constructed in areas not now served by a sanitary sewer system, contributors shall be granted a reasonable time to make connection to the sewer. The effect- ive date of the sewage service charge and the reasonable time to connect to the sanitary sewer system will be determined by the City Manager. Section 7, Disposal of Waste from Cesspools Septic Tanks or Priv3' Vaults: any contributor engaged in cleaning cesspools, eeptic tanks or privy vaults shalt discharge all efflu- ent into a designated location at the sewage treatment plant, The rate for receiving such waste shall be deter- mined by the City Manager. It shall be unlawful for any contributor to place any effluent or waste from cess- pools, eeptic tootle or privy vaults in any other location in the City of Du- buque except at the designated loca- tion at the sewage treatment plant. Section 8, Failure to Pay; The Citv shall have a lien upon the property served by the sanitary system for all delinquent rates or service charges in accordance with Chapter 393 and 39i of the 1950 Code of Iowa, Bills for sewer service shall be delinquent when the same are unpaid for a period of fifteen (15) days following their due date, and if not paid, a penalty of 5 jo shall be added to the sewage rental bill but not leas than $O.bO cents. Section 9. Central Collection and Sampling: Any contributor shall, upon request of the City Manager, provide a central collection point from his plant or property at a location acces• Bible to the sewage before the sew- age reaches tho main sewer for the purpose of obtaining representative samples, Section 10. Construction, Mainte- nance ~ Operation-Cast and Expense of: The cost and expense of financing the construction and maintenance and the operation of the sewage treatment plant shall be paid from the Sewage Rental Fund as budgeted and appro- priated therefor each fiscal year, Section 11. Expenses of Collecting Selvage Service Charges: The actual cost of collecting and accounting for all sewer rentals or charges shall be a part of the cost of operating said sewage treatment plant. The cost shalt be paid from the Sewage Rental Pund to the collection agent upon the City Manager's certificate certifying to thu amount. Section 12. Penaltios; Any person; firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdeameanor, and up- on conviction thereof, be fined in a Bain not to exceed $100.Op or impris coed in the city jail for a period not to exceed thirty (30) days, and each day such violation is commuted or permitted to continue shall constitute a separate offense and shall be pun- ishable as such hereunder. Section 13. Validity Clause: If any section, sentence or part of this ordi- nance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remain- ing portions of this Ordinance. This Ordinance shall be in full forgo and effect May 1, 1967 after its pas- sage and publication as provided by law. Passed, adopted and approved this 16th day of April 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY b'. KOLB CHARLES A, KINT~TNi1L'R Councilmen ATTEST: I,EO F. FROMMELT City Clerlc Published officially in the Telegraph- Herald newspaper this 19th day of April 1957. LEO F. PROMMELT City Clerlc 1t. ens Councilman Welu mowed the adoption of the Ordinance. Second- ed by Councilman Kolb, Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, Special Session, April 15, 1957 April 13, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen, The attached agreement be• tween the Dubuque Packing Com- pany and the City of Dubuque has been negotiated and is subject to approval by your body. This agreement is for the use of and services rendered by the Sewage Treatment Plant to the Dubuque Packing Company, The income derived from the coin. pony is a substantial part of the annual income necessary to fi- nance the sewage treatment facili- ties and the amount of charges are based on a twenty year period of amortization and on certain vol- umes of waste per day, The total charges as agreed up- on amount to $655,000 of which $325,000 will be paid immediately to effect a savings in interest and financing costs, and $360,000 shall be paid in monthly payments over 240 months for services provided to treat the sewage and industrial wastes of the company. This total charge to the com- pany is based on treatment facili- ties costing $1,600,000,00. I recommend that the Maytir and City Clerk be authorized to sign this agreement, Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved and the Mayor and City Clerk be authorized to sign the agreement, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Welu, Nays-None, Absent-Councilman Schueller, AGREEMEPIT This Agreement made and en- tered into this 15th day of April, 1957 by and between the CITY OF DUBUQUE, a Municipal Corpora• tion of Iowa, hereinafter called "City", Party of the first part, and DUBUQUE PACKING COMPANY, an Iowa Corporation, hereinafter called "Company", party of the second part, WITNESSETH; Whereas the City is about to construct, maintain and operate 163 works and facilities useful and convenient for the collection, treat- ment, purification and disposal, in a sanitary manner, of the liquid and solid wastes, sewage and in- dustrial wastes produced within said City, as authorized by Chap- ter 394 of the Code of Iowa, 1954; and Whereas, pursuant to the author- ity contained in Chapters 393 and 394 of the 1954 Code of Iowa, the Council of said City has estab- lished rates, rentals and charges for the use of, and for the services rendered by such sanitary utili- ties to persons, firms and corpora- tions whose premises are served by a connection to such utility by or through any part of the City Sanitary Sewer System; and Whereas Revenue Bonds, as au- thorized by Chapter 394 of the 1954 Code of Iowa will be issued to pay the cost of construction of said sanitary utility, the last and final series thereof to become due and payable twenty (20) years from the date of issue; and Whereas, based upon the sched- ule of rates, rentals and charges established by the Council of said City for the use of and services to be rendered to the Company by and through such sanitary utility, it has been determined that the total cost to said Company for a period of twenty (20) years at its present rate of waste generation, is not to exceed $685,000 (Six Hun- dred Eighty-five Thousand Dol- lars) to be paid as hereinafter pro• vided; and Whereas, pursuant to such Stat- utes, the rentals, rates and charges for the use of and services ren- dered by said utility arc based and determined upon the inhabitants, including the industries using said utility, and unless otherwise pro- vided by contract a cessation of such use would terminate such rates, rentals and charges; and " Whereas the use of and services rendered by such utility to the Company represents a substantial portion of the annual income pur- suant to said method of financing, and therefore, in order to insure said City of such income, it is deemed advisable by said City to request the Company to Enter into a contract with it, whereby the 164 Special Session, April 15, 1957 total amount of rates, rentals and charges for a period of twenty (20) years shall be fixed, determined and agreed upon, using as a basis for such services 2.5 million gal- lons of waste per day and twenty four (24) thousand pounds of sus- pended solids per day with a 15% tolerance plus or minus; Now Therefore, in consideration of the sum of One Dollar paid by each party to the other, and fur- ther, in consideration of the mu- tual covenants herein contained, to be kept and performed by each of the parties hereto, it is mutually agreed as follows: Par, 1. The preamble hereof is made a part of this Agreement to the same extent as if its terms were repeated herein. Par. 2. The City shall construct, maintain, finance and operate a sewage purification and disposal of such size and capacity so as to render adequate and proper serv- ices to the inhabitants and indus• tries of said City, including the Company and the Company shall use such utility so furnished by the City for the discharge of its sewage and industrial wastes. The sanitary utility referred to in this contract shall mean only the sew- age disposal plant, the effluent sewers therefrom and the lift sta- tion and force main connecting the present river outlets with the sew- age disposal plant. Par. 3. Based upon the schedule of rates, rentals and charges es- tablished by said City the Com• pony shall pay to the City the sum of Six Hundred Eighty-five Thou- sand Dollars ($685,000), which sum represents the maximum amount the Company will be obligated to pay the City for the use of and service to it by and through such utility for a period of twenty (20) years, subject to the adjustment provided in Paragraph 4 hereof. Said sum of Six Hundred Eighty- Five Thousand Dollars ($685,000) shall be paid to the City and depos- ited in its Sewer Rental Fund and shall be paid out therefrom from time to time in such amounts as the City Council may deem neces- sary to adequately compensate it for the services rendered the Com- pany by means of said utility. Said sum shall be due and payable as follows: (a) Three Hundred Twenty-five Thousand Dollars ($325,000) there- of shall be paid at the time of the execution of this Agreement and represents evidence of good faith and constitutes a partial prepay- ment of the service charge. This sum is prepaid to effect a reduc- tion in interest and financing cost and shall never be refunded to the Company regardless of whether the Company's operations con- tinue; (b) Three Hundred Sixty Thousand Dollars ($380,000) thereof shall be paid in two hundred forty (240) monthly payments of Fifteen Hun- dred Bollars ($1500) each, subject ;to the annual adjustments provid• ed in Paragraph Four. The first of such monthly payments shall be due on the 1st day of the month following the first month the Com- pany's property is connected to the City Sanitary Sewer system and sewer rentals are in force through- out the City, and the remaining monthly payments shall be due on the 1st day of each month there- after until alI are paid, Par, 4, It is agreed and under- stood that the rental and service charges, above stated, are based upon the assumption that the Com- pany will produce and discharge into the sewage system a monthly average of 2,5 million gallons of waste containing twenty-four (24) thousand pounds of suspended sol- ids per day. The Company shall keep accurate records, graphs and other instruments upon which shall be recorded the daily waste materials discharged into the sew• cr system, which shall be open to examination and inspection by the City, or its duly authorized agents. At the end of the first twelve (12) months' period, and at the end of each succeeding twelve (12) months' periods, dur- ing the life of this Agreement, the parties hereto shall by mutual agreement determine the average monthly amount of sewage and in- dustrial wastes discharged into the sewer system by the Company, and handled and disposed of by the City as shown by said records. No adjustment shall be made in the above stated operating rental, if both the daily average quantity of waste produced and the daily Special Session, April 15, 1957 average amount of total suspended solids discharged into the City Sewer System in any calendar year, during the life of this Agree- ment, are each within 15% plus or minus, of said basis. In the event the daily average quantity of waste produced and the daily average amount of total suspend- ed solids discharged into the City Sewer System in any calendar year during the life of this Agreement, or either of them, exceeds the said basis by 15%, plus or minus, then the rental for said year shall be adjusted in accordance with the table attached hereto, marked Exhibit "A" and by this reference made a part hereof. It is recog- nized that there is a reasonable amount of grease included in the sewage. In the event the grease shall exceed 880 p,p.m, it shall be deemed unreasonable and City may make a proper charge for processing such excess. Par, 5, It is understood that the method of financing the construc- tion of the sanitary utility is by the issuance of Revenue Bonds, as authorized by Chapter 394 of the 1954 Code of Iowa, and pay- able from the rentals, rates and charges exacted for the use and services rendered by the same, In the event said works are financed in whole or in part through some method other than sewer rentals, rates and charges established uni- formly throughout the area served by said works, then the Company's obligation hereunder shall be re- duced in the proportion that the amount financed by such other method bears to the total cost of the works.. Par, 6. In the event that any millage levy shall be assessed dur- ing the life of this Agreement to pay any portion of the cost of con- struction, the expenses of main- tenance and operation of said util- ity, then the amount of any taxes thus paid by the Company shall be credited to the rentals and charges hereinbefore provided for. Par. 7. It is understood that twenty per cent (20%) of the ca- pacity of the plant as presently de- signed is provided for treatment of the Company's sewage, In the event the Company's daily average discharge of sewage shall increase 165 to the point where it exceeds this proportion of the capacity and as a result the designed capacity of the plant is unable to accom- modate the sewage of the City and plant expansion is required, it is agreed that the additional cost of service attributable to the increased use by the Company shall be paid by the Company in addition to the payments herein provided. Par. 8. It is understood that the State of Iowa has authorized the City to dispose of the effluent into the Mississippi River after primary treatment. It is agreed that in the event the State or Federal Gov- ernment shall require further treatment of said effluent the City shall be entitled to charge the Company its share of providing such additional treatment, Par, 9. Except as herein ex- pressly modified, the Company shall not discharge any material into the sanitary sewer which is prohibited by any City Ordinance now in force or which may here- after lawfully be enacted, Par. 10. The conditions and cov- enants of this Agreement shall be binding upon and inure to the benefit of the parties, their suc~ cessors and assigns. Dated and signed at Dubuque, Iowa, this 15th day of April, A.D. 1957, CITY OF DUBUQUE, Party of the First Part By Charles E. Dove, Mayor City Seal Attest: LEO F. FROMMELT, City Clerk DUBUQUE PACKING COMPANY, Party of the Second Part, By H. W. Wahlert, President A, J. Kisting, Secretary EXBiI~IT "A" Average Flow Rental Charge Gallons Per Day Per Month 3,500,000 (Limit Allowable) $550.00 3,400,000 535.00 3,300,000 520.00 3,200,000 500.00 3,100,000 485.00 3,000,000 470.00 2,875,000 450.00 2,500,000 450.00 2,125,000 450.00 2,000,000 425.00 1,900,000 400.00 1,800,000 380.00 166 Special Sessio 1,700,000 360,00 1,600,000 340,00 1,500,000 320.00 1,400,000 295.00 1,300,000 275.00 1,200,000 255.00 1,100,000 230.00 1,000,000 210.00 All flaw under 1,000,000 210.00 Average Pounds of Dry Suspended Rental Charge Solids, Daily Per Month 35,000 (Limit Allowable) $1,330.00 34,000 1,295.00 33,000 1,260.00 32;000 1,220.00 31,000 1,180,00 30,000 1,140,00 29,000 1,100,00 27,600 1,050.00 24,000 1,050A0 20,400 1,050.00 19,000 980.00 18,000 925.00 17,000 875.00 16,000 825.00 15,000 77D.00 14,000 72D.00 13,000 670.00 12,ooa s2o.oo 11,000 565,00 10,000 510.00 All suspended solids under 10,000 510,00 April 13, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am recommending that the at- tached ordinance be approved by the City Council which permits the city to bill water users on a bi• monthly basis. The rates are not changed but by billing on a bi-monthly basis with sewer rental charges on the same bill will facilitate the read- ing of meters, billing and collec- tion operation, Very truly yours, L. J, SCHILTZ, City Manager Councilman Kolb moved that the communication be received and filed, Seconded by Council- man Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilmak? Schueller, n, April 15, 1957 ARDINANCE N0. 36.51 An Ordinance Amending Ordi• nonce 3.55 by adding Section 1 a new Subsection (e), presented and read. Councilman Welu moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kolb, Carried by the follow ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, ORDINANCE NO 35.57 An Ordinance Amending Ordinance 3-55 by adding to Section 1 a new Subsection (c) Be It Ordained by the City Council of the City of Dubuque, Towa: Section 1. That Ordinance 3-55 be and the same is hereby amended by adding a new section 1 (c) thereto as follows: Section 1 (c) Water rates for users within the City of Dubuque, Iowa, whose meters are read bi-month- ly shall be as follows: First 2,000 cu, ft per period at ,36 per hundred cu. ft, Next 2,000 cu. ft., per period at ,3D per hundred cu, ft. Next 2,000 cu. ft. per period at .25 per hundred cu. ft. Next 24,000 cu, ft. per period at .20 per hundred cu, ft. Next 70,000 cu, ft, per period at ,18 per hundred cu. ft, Next lOD,000 cu, ft. per period at .16 per hundred cu. ft. Balance at .105 per hundred cu. ft, The minimum bi-monthly charge according to size of meters shall be as follows: s/8"-2.16 allowance 600 cu. Yt, ,t"-3.34 allowance 800 cu, ft, "-4.50 allowance 1200 cu. ft. 1~4"-5.34 allowance 1400 cu. ft, 1/z"-5.66 allowance 1800 cu. ft, 2"-8.00 allowance 2200 cu, ft. Section 2. This ordinance shall be in full force and effect on May 1, 1957, after its passage, adoption and publication as required by law. Passed, adopted and approved this 15th day of April, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLR CHARLES A. KINTZINGER, Councilmen Attest: LEO F. FROMMELT. City Clerk Published officially in the Tele- graph Herald Newspaper this 19th day of April 1957 it 4-19 LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the Ordinance, Second- Special Session, A ed by Councilman Kalb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. ORDINANCE N0. 31.57 An Ordinance Amending Ordi- nance No. 33-49, known as the Traffic Code of the City of Du- buque, by repealing Section 74 of Schedule VI thereof and enacting a Substitute therefor, presented and read. Councilman Welu moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kolb, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol• lowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. ORDINANCE NO. 37.57 An Ordinance Amending- Ordinance No. 33.49, known as the Traffic Code of the City of Dubuque, by Repeahng• Section 74 of Schedule VI thereof and Enacting a Substitute therefor. Be It Ordained By The City Coun- cil of The City of Dubuque, that Sec- tion 74 of Schedule VI of Ordinance No. 33-49 be and the sumo is here- by repealed and the fo]loiving en- acted in lieu thereof: "SCHEDULE VI 74, On the south side of Avon Street" This Ordinance shall be in full force and effect frbm and after its final passage, adoption and publication as by ]aiV provided, Introduced the 15th day of April, 1957. Rule requiring reading on three separate days suspended by unani- mous vote the 16th day of April, 1357 Passed by recorded roll-call vote, adopted and approved this loth day of Apri~, 1957. CHARLES E, DOVE, Mayor CLARENCE P, WELU RAY F. KOLB CHARLES A, KINTZINGER, Cottncilmen Attest: Leo F, Frommelt City Clerk, Published officially in the Tele- graph Herald Newspaper this 19th day of April, 1957. It 4-19 LEO F, FROMMELT, City Clerk Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kolb. Carried by the fallowing vote; pril 15, 1957 16"'~ Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Schueller, April 4, 1957 To the Honorable .Mayor and City. Council Dubuque, Iowa Gentlemen; The petition of Elmer C. May re- questing an inspection of his prop- erty on Greeley Street was re- ferred to the City Council to view the grounds. Upon viewing the grounds it was the decision of the Council that it would be impossible to change the flaw of water on Greeley Street because of the grade from King Street to the end of Greeley Street, I recommend that the decision of the Council be confirmed, Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Welu lnoved that the recommendation of the City Manager be approved. Seconded by Mayor Dove. Carried by the fol• lowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Schueller, April 4, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The request to excavate in the alley between Main and Iowa Streets in the rear of 269 Iowa Street was referred to the City Manager for further investigation, Upon investigation I find that there is a gas main in Iowa Street and proper connection can be made at this location without ex- cavating in the alley, I recommend therefore that the petition be denied. Respectfully submitted, L. J. SCHTLTZ, City Manager Councilmen Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, ~.i.. 168 Special Session, April 15, 1957 April 15, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The request for a loading zone on 2nd Street between Main and Locust Streets for the Catholic Salvage Bureau was referred to the City Manager and Police Chief for investigation and report. Upon investigation by the Police Department it was found that a loading zone as requested should not be granted as we have no such zones in the city on streets. Pro- visions can be made for loading in the alley. I recommend that the petition be denied, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger; Kolb, Welu. Nays-None. Absent-Councilman Schueller. April 15, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Harold A. Con- zctt and others requesting the opening of the alley between Wal- nut and Cox Streets far access to garages was referred to the City Council to view the grounds. The decision of the Council upon viewing the grounds was that if a satisfactory grade could be worked out that the petition be granted. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Kolb moved that the recommendation of the City Manager be approved, Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Schueller, April 10, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; The attached petition of Wende- lin Rettenberger requesting rezon- ing from Single Family Classifica- tion to Local Business A his prop- erty, 49 & 65 Meadow Lane was heard and discussed at a public hearing of Planning & Zoning Commission Apri19, 1957. Mr. Rob- ert Kenline appeared representing the Rettenberger interests. The Dubuque Planning & Zoning Commission respectfully recom- mends to Your Honorablo Body denial of attached petition, for. following sound reasons. (a) Rettenberger is sole owners of property requested to be re- zoned, thus to grant the request would be clear "Spot Zoning" and thus illegal. (b) Approximately 50 objectors entered a petition and were heard at the public hearing, (c) The State Highway Dept. is considering widening their ap- proach to Dubuque from west, if proposed rezoning were carried out State right-of-way casts would be expanded, (d) This area was started as Single Family ten years ago, and that Classification still seems log- icaP and sound. Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Sec. Councilman Kolb moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Schueller. Copy of communication of the Planning & Zoning Commission extending their appreciation to Mr. Frederick Bissell for the fine work done by him while a member of the commission, presented and read. Councilman Welu moved that the communication be re- ceived and filed. Seconded by Councilman Kintzinger. Carried by the fallowing vote; Special Session, April 15, 1957 Yeas-Mayor Dave, Councilmen Kintzinger, I{olb, Welu. Nays-None. Absent-Councilman Schueller. Communication of Harold P. Me- loy, County Auditor, submitting the petitions for suspension or re- mission of taxes on account of age or infirmity of Mrs. Harry Hier, owner of N. 24' of E. 170' of Lot 374 in Davis Farm Addi- tion and Mary F, & George Brandt, owners of the S, r/z of Lot 162 of East Dubuque Addition, presented and read. Councilman Welu moved that the petitions be referred to the City Manager. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Schuoller, Notice of claim of Miss Paula 0. Blech of 1199 Central Avenue, in the amount of $950 for personal injuries received in a fall on a defective sidewalk on West 12th street, on February 27, 1957, pre- sented and read, Councilman Welu 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, Welu. Nays-None. Absent-Councilman Schueller. Notice of claim of John N. Boet of 2219 Washington street in the amount of $7.00 for damage to his clothing as the result of a fall on a defective sidewalk at 360 East 19th street, on January 16, 1957, presented and read. Councilman Welu moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Niayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. Notice of claim of Mrs, Carl Cornwell of Route No, 3 Dubuque in the amount of $25,41 for car damages as the result of striking a raised manhole on Lennox ave- nue, an April 3, 1957, presented and read. Councilman Welu moved that the claim be referred to the 169 City Solicitor fnr investigation and report. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-Nene. Absent-Councilman Schueller. Notice of claim of Letha Curran of 201 Loras Blvd, in the amount of $2500 for personal injuries re• ceived as the result of a fall on a defective sidewalk at 475 Loras Blvd,, on March 7, 1957, presented and read. Councilman Welu moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger. Carried by the follow ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. Notice of claim of Charles Pfeif• fer Jr, of 3245 Shiras avenue, in the amount of $19,04, for car dam- ages as the result of striking a hole in Brunswick street on April 5, 1957, presented and read. Coun- cilman 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, Welu, Nays-None, Absent-Councilman Schueller, Hon. Mayor and Memberls 12, 1957 of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the. claim of Maynard Garlow, 480 College street, for damages to his car sus- tained on hitting a hole in West Third Street at the Booth street intersection February 9th, 1957 and as a result of the examina- tion Irecommend that the claim be allowed in the amount of $26.17, and the Auditor instruct- ed to issue a Warrant in said amount payable to Maynard Gar• low, and deliver the same upon re- ceipt of a properly executed re- lease, Sincerely, T. H. NELSON Councilman Welu moved that the recommendation of the City ,~. 1'70 Special Session, April 15, 1957 Solicitor be approved and the Au- ditor instructed to draw a warrant payable to Maynard Garlow, in the amount of $26.17 and deliver the same upon receipt of a prop- erly executed release in full set• tlement of the claim. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. 1~1ays-None. Absent-Councilman Schueller, April 12, 1957 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of George's Shoe Shop for damages claimed to have been sustained October 2nd at 9 A,M, and find no negligence on the part of the City and recommend that the same be denied, Sincerely, T. H. NELSON Councilman Welu moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, Council proceedings for the month of January 1957, were pre- sented for approval, Councilman Welu moved that the proceedings for the month of January 1957, be approved as printed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Schueller, Petition of Cletus Palm et al, requesting installation of a street light at the corner of Lorimer and Levi streets, presented and read. Councilman Kintzinger moved that the petition be referred to the City Manager and Electrical in- spector for investigation and re- port, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Schueller, Petition of the Ladies of the G, A. R, Shiloh Circle No. 3'l, request- ing permission to hold a tag day on Saturday September 7th and Monday September 9th, presented and read. Councilman Kolb moved that the request be granted pro- viding there are no conflicting dates. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller;: Petition of Veterans of Foreign Wars, requesting permission to hold their Buddy Poppy Sale on Saturday May 18th and Monday May 20, 1957, presented and read, Councilman Kolb moved that the request be granted providing there are no conflicting dates. Seconded by Mayor Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, Petition of 0. K. Shoars et al, objecting to the rezoning of the area at 610.612 University avenue to a business district classification because the area is almost all resi- dential, presented and read, Coun- cilman Welu moved that the peti- tion be received and filed. Second• ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, April 10, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Geo. E. and Anna C. Dascher requesting extension of present Business District at Uni• versity and Hill Sts, westerly to include their property Lot 1 Bea- dle Place-610.612 University Ave. was reviewed at a public Planning & Zoning Meeting April 9, 1957, said meeting having been previ• ously properly advertised in the Dubuque Telegraph-Herald, Tho Planning & Zoning Commis- sion recommends to Your Honor- Special Session, April 15, 1957 able Body denial of the petition for the following two chief rea- sons. (a) Since the petitioners are sole owners of area they propose re- zoning to do so would be clearly a case of Spnt Zoning, hence illegal. (b) The present traffic hazards at this point on University due to turn of road and heavy grade worse in winter than in summer would be accentuated to the dis- advantage of Dubuque Citizens, The land 50 ft, southwest from Southwest Curb Line of University Ave, now rises 15-20 ft, above side- walk, this it is impossible to de- velope area on the property to keep stopped vehicles off Uni• versity Ave. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy, Councilman Welu moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None, Absent-Councilman Schueller. Petition of John B, Burgmaier, requesting a refund of $100 to cover the unexpired portion of beer permit No, 125, as he has dis- continued business as of April 15, 1957, presented and read. Cauncil- rnan Kolb moved that the refund be granted and the Auditor in- structed to draw a warrant pay- able to John B, Burgmaier, in the amount of $100, to cover the un• expired portion of beer permit No, 125. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu, Nays-None. Absent---Councilman Schueller. April 15, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The attached plat of Helen, Place, Table Mound Township, Du- buque County, Iowa, was granted 171 Final Approval April 3, 1957 by the Planning & Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Welu moved that the communication be received and filed. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. RESOLUTION N0. 73.57 Resolution Approving Plat of Helen Place being in Table Mound Township, Dubuque County, Iowa, Whereas there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Mineral .Lot 482 in Section 1, Township 88 North, Range 2 East bf the 5th Principal Meridian, be- ing in Table Mound Township, Du- buque County, Iowa, is platted as Helen Place and, Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval en• dorsed thereon; and, Whereas said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relat• ing thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1, That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adapted and approved this 15th day of April A,D., 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F, KOLB 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; 172 Special Session, April 15, 1957 Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. RESOLUTION N0. 74.57 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions 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. Louis J. Wright, 2600 Jackson St. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 15th day of April, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB 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, Welu. Nays-None, Absent-Councilman Schueller. RESOLUTION N0. 75.51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the City 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 Joseph Frommelt, 1555 Central Avenue Merlyn L. Weber, 1904 Central Avenue Herbert Bisping, 1401 Elm Street Louis J, Wright, 2600 Jackson Street Harriet Bush, 700 East 16th Street Dorance E. Cox, 2613 University Avenue CLASS "C" PERMIT Eari J. McNamara, 1046 University Avenue Passed, adopted and approved this 15th day of April, 1957, CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB CHARLES A. KRdTZWGER 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-Mayan Dove, Councilmen Kintzinger, Kalb, Welu, Nays-None. Absent-Councilman Schueller. ~~I,RESOLUTION N0. 76.57 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 bands: 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 applicants a Beer Permit. CLASS "B" PERMIT Joseph Frommelt, 1555 Central Avenue Merlyn L. Weber, 1904 Central Avenue Herbert Bisping, 1401 Elm Street Louis J. Wright, 26D0 Jaeksan Street Harriet Bush, 700 East 16th Street Dorance E. Cox, 2613 University Avenue CLASS "C" PERMIT Earl J, McNamara, 1046 University Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 15th day of April, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KINTZRIGER Councilmen Attest; LEO F, FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- T Special Session, April 15, 1957 ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. RESOLUTION N0. 77.57 Whereas, the following named streets are to be resurfaced with Asphaltic Macadam Surfacing: Esther Street from the South Property Line of Mt. Loretta Street to the South Property Line of Tressa Street. Tressa Street from the West Property Line of Esther Street to the East Property Line of River Ridge. River Ridge from the South Property Line of Tressa Street to the South Property Line of Mt. Loretta. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to May 15, 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 15th day of April, 1957. CHARLES E, DOVE Mayor CLARENCE P, WELU RAY F, KOLB CHARLES A. KINTZIlVGER Councilmen Attest; LEO F, FROMMELT City Clerk 173 Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, Mr. Walter Kaiser of 2760 Uni- versity avenue, addressed the Council showing considerable con- cern as to where the sewer was to be laid in going through his property. City Engineer Cullen agreed to call on Mr. Kaiser in the near future in order to clear up any existing difficulties. There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller, LEO F. FROMMELT, City Clerk Approved ..............................1957. Adopted ................................1957. Councilmen ...................................... Attest : ............................................ City Clerk