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1957 September Council Proceedings3. ~. ti ~ 332 Special Session, August 12, 1957 f ( Regular Session, September 3,1957 333 Councilman Welu moved the i ~ adoption of the resolution. Sec• i il K lb d d d b C C ~, E ~ f ~~ ; ~ ~ '~ jr t3 ~ ~ t ~~~ ~ ` ~ ~ ~ ~ ~ for of defense, will be here in the the hope of reviving Civil e man o . arr on e y ounc ~ , ~ ~ ~ ' ~ ~ ~~~'~ `~ Defense by the following vote: ° " (Officiap Seconded by Councilman Welu. Yeas-Mayor Dove, Councilmen Regular Meeting September 3 Carried by the following vote: Kintzinger, Kolb, Schueller, Welu. , 1957. Yeas-Mayor Dove, Councilmen Nays-None. ~ Counci~i met at 7:30 P,M. Day Kintzinger, Kolb, Schueller, Welu. There being no further business 3 light Saving Time, . Nays-None. Councilman Kolb moved to ad- Present-Mayor Dove, Council- Communcation of League of Iowa journ. Seconded by Councilman men Kintzinger, Kalb, Schueller, Municipalities, extending an invi- Kintzinger. Carried by the follow- ~ Welu, City Manager Schiltz. lotion to send a delegation of City ing vote: Mayor Dove read the call and officials to the 59th Annual Con- Yeas-Mayor Dove, Councilmen stated that this is a regular meet- vention of the League to be held ' Kintzinger, Kolb, Schueller, Welu. i ing of the City Council for the pur- in Des Moines. on October 9th and Nays-None, pose of acting upon such business 10th, presented and read. ' LEO F. FROMMELT as may properly come before the Councihan Kolb moved that the City Clerk. meeting, communication be referred to the ~ August 13, 1957. Council. Seconded by Councilman ...1958, Approved Mr. Leo F. Frommelt, City Clerk Welu. Carried by the following _ ............................. City Hall, 13th and Central Ave. vote: Dubuque, Iowa, Yeas-Mayor Dove, Councilmen Adopted ..................................1956. j Dear Mr. Frommelt: Kintzinger, Kolb, Schueller, Welu. This is to certify that in Septem- Nays-None, ~ ~ ber of 1953 I employed Andrew. September 3 1957. ~.. ~ Fondell & Sons to do the neces- , To the Honorable Mayor nary work of extending the sewer and City Council, ~, on Marion Street to my curb line, Dubuque, Iowa, .~..~••.•....~.•••.•..~~••~••~••~~•••• The cost was $760,00 as per the Gentlemen; attached duplicate bill, marked This is to advise that I have ap- ~ . . Councilmen ~ •, paid. proved the following bonds and .... ............................ . Yours very truly, policies and desire tc have your Signed D, W, ERNST approval on same far filing, sub- . -' ~~~•~••~••~•••~••~~•~••••~•~•~~~•~~••• 155 Fremont Ave, jest to the approval of the City Dubuque, Iowa Solicitor: Subscribed and sworn to before HEATING ~ ., me this 13th day of August, 1957. Tslontgomery Ward & Co., Inc,- z , ' BESS S. KULANDER Indemnity Ins, Co, of North Ameri- ~. , _ ', (Notarial Notary Public, in and ca, Attest :............................................ Seal) for Dubuque County, W. J. Jordan-General Insurance _ City Clerk ~ Iowa, Co. of America, - My commission expires July 4, Elmer N, Burkart, d/b/a Bur- ' 1960, kart Fuel Company -American ` Councilman Kolb moved that Surety Co. of New York the communication be made amat- Horne Heating Company-West- i ter of record, Seconded by Coun- ern Surety Company, i Gilman Schueller. Carried by the Kennedy Furnace and Sheet fallowing vote; Metal Works-The Travelers In- ~ Yeas--Mayor Dove, Councilmen dernnity Co, ' ~ Kintzin er Kolb Schueller Welu. g SIDEWALK Nays-None, James Sabers -Western Surety Communication of Don Allen- Company, dorf, Civil Defense Director of East Joseph H. Hageman-Columbia Dubuque, offering his help and Casualty Company. .suggesting ways and means fora William Wild-Columbia Casual- joint program of Civil Defense ty Company. which could be profitable to both EXCAVATION communities, presented and read. Curtis-Straub Company-Central ! ~ Mayor Dove expressed his appre- Surety and Insurance Corp. ciation upon receipt of the letter TELEVISION and moved that Mr. Allendorf be Jerrold Electronics Cm~p~ration ao notified and that he be extend- -The Fidelity and Casualty Co. of I ed an invitation to attend the meet N. Y, ing here in Dubuque scheduled for Respectfully submitted, the 17th of September on which L, J. SCHILTZ, date Mr, Fowler, a national direr- City Manager. ,~_, A` s~, S z ~;, ~'- 334 Reg~flar Session, September 3,1957 Councilman Kolb moved that the bonds and policies be filed subject to the approval of the City Solici- tor. Seconded by Councilman We• lu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. August 16, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer and City Health Department and City Water Works for the month I' of July as well as a list of claims and list of payrolls for which war• rants were issued for the month of July, 1957. Respectfully yours, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the reports be received and filed. Sea onded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None, Proof of publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn during the month of July, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council- man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, August 27, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: According to your request, an investigation has been made of the congestion along Central Avenue from 4th Street to 22nd Street, There has been an investigation going on on this condition for sev- eral months and it is observed that congesttan does exist to same ex- tent in the vicinity of Central Avenue from 9th to 16th Streets, Experience has shown that true congestion exists on only one out of every -throe Saturday mornings with this congestion existing only during sporadic intervals, The congestion in this area of course is caused From a great num• ber of small business establish• ments, the presence of the city market and the heavy traffic on Highway No, 52, No. 61 and No. 151 on Central Avenue, This street is capable of handling a high vol- ume of traffic provided there are no interferring factors introduced. There are however two interfer- ring factors along this stretch of Central Avenue, One of the fac- tors is the pedestrian volume, While the volume is high when compared with other business hours of the week, it is no higher than volume experience at many other intersections throughout the business district, The second in• terferring factor is the nature of the business carried on by .the ma- jority of the establishments in this area that there is a 'high turnover of vehicles at the curb parking spaces. Any turnover at these curb parking spaces creates an uncon• trollable prablom and it has been noted that one car' pulling away from or backing into a parking stall stops all traffic an that side of the street for periods of time which average over twenty seconds per each maneuver. These fre- quent occuring delays are extreme- ly damaging to any effort to pro- mote !the efficient flow of traffic. The traffic lights at 12th and Central Avenue operate according Ito the traffic demands of the two streets. The placement of a police officer at this intersection would be a duplication of a control de- vice which is operating efficiently. It is not believed that any con- gestion existing in the area results from any inadequacy of this traf- fic control system. We also have a police officer assigned to the tnter- seetion of 13th and Central be- tween the hours of 10;00 A,M, and 12:30 P.M. on Saturdays. It is felt that the assignment of any additional personnel to any of .these intersections would not meas- urably relieve hhe congestion which exists on some Saturday mornings. The .greatest benefit achieved is seen in the pedestrian problem, and relatively few complaints have Regular Session, September 3,1957 335 been received over the past months with regard ~to any difficulty being experienced by pedestrians, Most complaints that are registered are similar ~to the general complaint issued by pedestrians in all parts of our business district. I recommend that continual ob- servance be made of the conditions and that the police department take all steps ~to relieve both ~pedes• Irian and vehicular traffic conges- tion. Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, August 27, 1957. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Mr, Kenneth Cullen, City Engi- neer and Cletus Allen, Street Com- missioner, who are officials of the Iowa Public Works Association, have requested permission to at- tend the National Meeting of the American Public Works Associa• tion to be held September 22.25 at Philadelphia. In view of the tremendous bene- fits derived' from city officials at- tending this ype of meeting, I rec- ommend that both of these city of- ficials be authorized ~to attend this convention at city expense, Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Kintzinger moved that. hhe recommendation of the City Manager be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None, August 14, 1957, Hon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: I have investigated the claim of Eleanor Scholl, 2825 Muscatine Street, and can find no negligence on the part of the City and recom• mend that the claim be denied, Respectfully, T, H, NELSON Councilman Welu moved that the recommendation of the City Solici- tor be approved. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, August 14, 1957. Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen, I have investigated the claim of Nicholas Grevas, Peru Road, and can find no negligence on the part of the Ci-ty and recommend that the claim be denied, Respectfully, T, H, NELSON Councilman Welu moved that the recommendation of the Cihy Solicitor be approved. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. August 14, 1957 Nays-None, Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Miss Emma Stotz, 557 West Six- teenth Street, and can find no neg- ligence on the part of the City and recommend that the claim be denied. Respectfully, T. II. NELSON Councilman Welu moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Carl A. Clark of 2558 University Avenue, in the amount of $21.50, for damage to his car as the result of striking a defect in Hawthorne street on August 23, 1957, presented and read, Councilman Kintzinger moved that the claim be referred to the City Solicitor for investiga- „_~ww~W~dLda 336 Regular Session, September 3,1957 tion and report, Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Don Deike of 1&90 Ruann Drive, in the amount of $20.00, for damage to his car as the result of striking a defect in the street at the intersection of the Milwaultee tracks and First street on August 7,1957, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investiga- tion and report, Seconded by Coun- cilman Schueller. Carried by the follov,'ing vote: Yeas-Mayor Dove, Councilmen Intzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Ronald Dun- bar of 1100' Riverview street, in the amount of $14.92, for damage to his car as the result of striking a defect in Riverview Street on July 17, 1957, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Notice of claim of Alfred J, Schiltz Jr, of 808~Z Cottage Place, in an un-named amount, for dam- age to his car as the result of strik- ing a defectin Burden Avenue on August 24, 1957, presented and read. Councilman K i n t z i n g e r moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun• oilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Harry Phillips of 175 S. Grandview Avenue, in the amount of $2000,00 for damage to both real and personal property, as the result of a sewer backing up into the basement of his home, sometime during the past winter, presented and read', Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Albert P. Dolan of 2924 Shires Avenue, in an un-named amou:,t, for damage to his car as the result of striking a defect in Farragut street on Aug- ust, 5, 1957 presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and re- port, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Nlayor Dove, Councilmen Kintzinger, Ifolb, Schueller, Welu, Nays-None. Notice of claim of Milton R. Jae- ger Jr, of 780 Berkley Place, in the amount of $8,40, for ~d'amage to his car as the result of striking an ex• cavation in the street at 690 Kane, presented and read, Councilman Kintzinger moved that the claim be referred to the Ciy Solicitor fox investigation and report. Seconded by Councilman Schue~ler. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. ATays-None. ORDINANCE N0, 51.57 An Ordinance Amending Ordi- nance No, 3.34, ]enowu as the Zan- in; Map and 7,oning Ordinance of the City of Dubuque so as to class- ify the herein described property as Two Family Residence District, presented and read. Councilman Welu movod that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas~i',fayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Naps-Novo, Councilman Weln moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fo1- lowing vote: Yeas-Pdayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu: Nays-None. Regular Session, September 3, 1957 337 Councilman Welu moved that a public hearing be held on the ordinance on October 7, 1957, at 7;30 o'clock P.M. in the Counci'1 Chamber and bhat the City Clerk be instructed to publish notice of the hearing in the manner re- quired by law, Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 52.51 An Ordinance Amending Ordi- nance No, 3.34, known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque so as to clas- sify the herein described property as Heavy Industrial District, pre- sented and read, Councilman Welu moved bhat the reading just had be consi~d'ered the first reading of the Ordinance, Seconded by Coun- cilman Kolb. Carried by the fol- :owing. 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, Kalb, Schueller, Welu, Nays-None, Councilman Welu moved that a public hearing be held on the or- dinance an October 7, 1957, at 7;30 P.M. in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded' by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 53.51 An Ordinance vacating a Portion of West Ninth Street lying north of Lot 2 of Ludescher Place and the West twenty-five feet of Lot 9 of Lorimer's Subdivision and pro- viding for the conveyance thereof, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seeoncled by Councilman Kolb, Carried' by the following vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kol'n, 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, Kalb, Schueller, Welu, Nays-None. Councilman Welu moved that a public hearing be held on the Ordi- nance on October 7, 1957, at 7;30 o'clock P.M, in the Council Cham- ber and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Kolb. Carried by the following vote: Yeas-•Mayor Dove, Councllmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Fetition of Kenneth Palm re- questing the extension of bhe Dodge street sanitary sewer from Lot 5 of the Subdivision of M, L. 144 to Lot 1 of 2 of Dad'ge Street Place, presented and read. City Manager Schiltz recommended that the petition be granted, Coun- cilman Welu moved that the rec- ommendation of the City Manager be approved. Seconded by Coun- ci'iman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 54.57 An Ordinance Granting Kenneth J. Palm the right to construct a sanitary sewer in Dodge Street and providing the terms and conditions thereof, presented and read', Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Ko'ib, Schueller; Welu, Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be road on three separate days. Seconded by Coun- cilman Kolb, Carriad~ by the fol- lowing vote; Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. 338 Regular Session, September 3,1.957 (Official Publication) ORDINANCE N0. 54.57 An Ordinance Granting Kenneth J• Palm the right to construct a Sani- tary Sewer in Dodge Street and Providing the Terms and Conditions thereof. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Kenneth J. Palm be and he is hereby granted the right to construct an eight inch (8") vit- rified the pipe sanitary sewer in Dodge Street from the existing man- hole, located in front of Lot 2 of Lot 1 of Lot 5 of the Subdivision of Lot 4 of Mineral Lot 144 fora dis- tance of 260 feet easterly to Lot 1 of Lot i of Dodge Street Place, upon the following terms and conditions: (a) That grantees agree to con- struct said sewer within one year from the date of the adop- tion of this Ordinance and pay the entire cost thereof includ- the cost of restoring the sur- face of the street; (b) That said sewer shall be con- structed in accordance with plans approved by the State Department of Health and the City Manager and under the supervision and direction of the City Manager and City Engin- eer; (c) That grantee will enter into a contract for the construction oY said sewer with a qualified contractor which contract; among other things, will con- tain aclause requiring the con- tractor to obtain alt necessary permits required by the City oY Dubuque or any other gov- ernmental agency, a clause ob- ligating the contractor and his bondsmen to keep said sewer in good repair for a period oY not less than two years from the date of the acceptance of the work, and a clause requir- ing the contractor to famish a surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful performance of said contract; (d) That upon completion of said sewer and the acceptance of the same by the City Council said sewer shall become a pub- lic sewer under the exclusive charge and control of the City bf Dubuque, and its free use as such shall not be interferred with by grantee or his succes- sors or assigns; Section 2. That the authority granted herein shall terminate on October 1, 1957, unless the terms and conditions of this Ordinance are ac- cepted in writing by the grantee prior to that date; Section 3. After said sewer has been completed and the total cost thereof has been paid by grantee, the grantee herein shall file with the City Council a certified statement, showing in detail all amounts paid out by him in connection with the construction of said sewer, including engineering fees and the cost of re- storing the surface of the street, Thereafter, any person or persons desiring to connect with said eewer except the grantee herein, shall first apply to the .City Manager for per- mission to ao do and such permission shall be granted upon condition that the applicant pay to the City Treas- urer, for the account of the grantee herein, a connection charge !n an amount which win be fixed by Reso- lution of-the City Council at the time of the acceptance of the said sewer, However, such connection charges shall not be exacted for any exten- sion of said sewer made by the City of Dubuque or its permitees. Section 4. This Ordinance shall be in frill force and effect from and after its final passage, adoption and pub- lication as Provided by law. Passed, adopted and approved this 3rd day of September 1957. CHARLES E, DOVE, Mayor CLARENCE P. WELD 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 11th day of September 1957. LEO F. FROMMELT, 1t, 9/11 City Clerk Acceptance of Ordinance No. 54.57 Kenneth J. Palm, having full know- ledge and understanding of all the terms and conditions of Ordinance No. 54-57 hereby accepts the same as passed and agrees to comply with all the terms and conditions thereof, Accepted this 9th day of September, 1907, KENNETH J. PALM lt, 9/11 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. Petition of Louis Buechel, re- questing far renewal of his excava- tion permit, presented and read. Councilman Kolb moved that the petition be granted. Seconded by Councilman Schueller• Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Western Surety Com- pony, requesting termination of liability covering sidewalk band No. 611537 issued to D. L. Potter, presented and' read. Councilman. Wehi moved that the release be granted providing there are no outstanding claims, Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu; Nays-None. Petition of Thos, J. Mulgrew Co„ requesting the vacation of that portion of Terminal'street on the west side of a straight Hoe drawn Regular Session, September 3,1957 339 between the southeast corner of the bridge pier and the northeast corner of their ice house, present- ed and read• Councilman Welu moved that the petition be referred to the Planning & Zoning Commis- sion for investigation and report• Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Thos, J. Mulgrew Co., requesting a quit claim deed conveying ali of Charter street va- cated by Ordinance No. 34.1904 and now .described as follows; Lot 2 of 2 of Block 16A; Lot 1 of 2 of Block 16A, Lot 1 of Block 16A in Dubuque Harbor Company Ad- dition to the City of Dubuque, Tows, presented and read. Coun- cilman Welu moved that the peti- tion be referred to the City Solici- tor for an opinion and report. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dave, Councilmen Kintzinger Kolb, Schueller, Welu, Nays-None. Petition of Harold 0. Specht of 3003 Asbury street, owner of Lot 2 of Lot 1 of Block 3 Hillcrest Heights in the City of Dubuque, requesting an extension of the present Local District A zoning Classification to include the above 'd'escribed property, presented and read. Councilman Kolb moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schuel- ler, Carried by the following vote; Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Edward J. McFar- land of 2859 Muscatine street, re- questing permission to construct a stone retaining wall in front of his property, presented and read. Councilman Welu moved that the petition be referred to the Council to view the grounds, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger,. Kolb, Schueller, Welu. Nays-None, Petition of Robert Jacquinot et a1, requesting the correction of an annoyance on the corner of Levi & Sullivan streets, namely the col- lection of water and mud, claimed' to be a detriment to the health and beauty of the neighborhood, pre-` sented and read. Councilman Welu moved that the petition be re- ferred to the City Manager. Sec- onded by Councilman Kolb, Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to dispose of Lot 337-C in Eagle Point or Ham's Addition to the City of Dubuque 1854, to Dubuque Lumber & Coal Com- pany, in exchange for Lot 2 of Lot 337 in Eagle Point or Ham's Ad- dition to the City of Dubuque 1854, presented and' read, No written objections were filed and no objectors were present. in the Council Chamber at the time set for public hearing, Councilman Schueller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb, Carried by the following vote; Yeas-1Vlayor Dove, Councilmen Kintzinger, Ifo~lb, Schueller, Welu. Nays-None, RESOLUTION N0, 146.57 Whereas the City Manager has recommended that the City con- vey aportion of vacated Sumner and Beach Streets to Dubuque Lumber and Coal Company, in ex- change far Lot 2 of Lot 337 in Eagle Point, or Ham's Addition to the City of Dubuque-1854, Du- buque County, Iowa; and Whereas the City Manager has submitted a plat of the portion of said vacate~d~ streets to be con- veyed in said exchange, which plat assigns the lot number 37-C in Eagle Point, or Ham's Addition to the City of Dubuque-1854; and Whereas the City Council has examined said recommendation and determined that it is in the best public interest that said ex- change be approved and that said plat be approved; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1, That the Mayor and City Clerk be and they are hereby y. ~<`, 340 Regular Session; September 3,1957 authorize~a and directed to execute said plat on behalf of the City of Dubuque; 5eetic~n 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a quit Claim Deed, conveying all right, title and interest of the City of Dubuque, Iowa, in and to Lot 337-C in Eagle Point, or Ham's Addition to the City of Dubuque- 1854, Dubuque County, Iowa to Du- buque Lumber and Coa~i Company and deliver the same upon receipt of a Warranty Deed of Dubuque Lumber and Coal Company con- veying Lot 2 of Lot 337 in Eagle Point, or Ham's Addition to the City of Dubuque-1854, Dubuque County, Iowa; 5ee!ion 3. That the City -Clerk be and ho is hereby authorized' arad directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa, Notice of hearing on the forego- ing Resolution published in the Telegraph Herald P.ugust 9th, 1957 and August 16th, 1957. Passed and adopted after public hearing by recorded roll call vote September 3rd, 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 bhe resolution. Second- ed by Councilman Ko'ib. 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 Pub- lic hearing to dispose of Block 1 and Black 2 of River Front Sub- division No. 3 together with the easement far underground convey- or, at the point marked Easement "A" on a cextain plat to Carr, Adams & Collier Company in ex- change for Lot 2 of Block 9; Lot B of Lot 3 of Block 8; Lot 4 of Block 8; North 300 feet of Block 8; Lot A of Block 8; Lot B of Lot 2 of Block 8; and Lot 1 of Block B, all in Dubuque Harbor Company Addition in the City of Dubuque, Dubuque County, Iowa, presented and read. No objections were filed and no objectors were present in the Council Chamber at the time set for public hearing. RESOLU71ON N0. 179•S7 Whereas on the 3rd day of Sep- tember, 1957, pursuant to published notice, as required' by law, the City Council of the City of Du- buque held a public hearing on the proposal to convey the here- inafter described real estate to Carr, Adams and Collier Co, in ex- change for the hereinafter de- scribed real estate; and Whereas at said time and place all interested parties were afford- ed opportunity to appear and be heard; and Whereas the City Council has determined that it is in bhe best public interest that said exchange be approved; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That all objections to said proposal be and the same are hereby overruled; Section 2. That the following de- scribed real estate in Dubuque County, Iowa, towit: Block 1 and Block 2 in River- front Subdivision No. 2 in the City of Dubuque, according to the recorded plat thereof, sub- ject to an easement in Interstate Power Co.; together with the right to construct an under- ground conveyor in East Elev- enth Street at bhe point marked Easement A on the plat of Riv- erfront Subdivision No. 2, which right shall be subject to and shall not interfere with the use of said street far proper street purposes, including the installa- tion of underground utilities and which conveyor shall be only constructed in accordance with plans approved by the City Man- ager of the City of Dubuque; be and the same is hereby sold to Carr, Adams and Collier Co. in exchange for said grantee's con- veyance to the City of Dubuque of the following described real estate Regular Session, September 3,1957 341 situated in the City of Dubuque, Dubuque County, Iowa, to•wit: Lot 2 of Block 9; Lot B of Lot 3 'of Block 8; Lot 4 of Black 8; North 300 feet of Block 8; Lat A of Block 8; Lot B of Lot 2 of Block 8; and Lot 1 of Block 8; all in Dubuque Harbor Company Addition in the City of Dubuque, Iowa; Section 3, That the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute the ~d'eed of the City of Du- buque, conveying the first above described real estate to said gran- tee and deliver the same upon re- ceipt of the warranty deed of said grantee conveying the last above described real estate to the City of Dubuque; Section 4. 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 Du- buque County, Iowa, Passed, adopted' and approved by recorded roll call vote this 3rd day of September, A.D, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMIlIELT City Olerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing of notice of pendency of resolution of necessity and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the construc- tion of an eight (8) inch sanitary sewer beginning at the existing sanitary in Lot 7 of Rose Hill Ad- dition, thence northwesterly to the intersection of Robin street and the first alley west of English Lane, thence northerly to the southeast property line of Lot 1 of August Lubs Subdivision, thence westerly to Ramona street, thence northerly from the soubheast prop- erty corner of Loi 1 of Augusk Lubs Subdivision to Adeline Street, thence westerly to Lot 1-Lot 13 of M, Walters Addition, thence north- erly through Lots 1.13, 2.13, 1.15, 1.15 of M, Walters Addition, and Lots 1.1-1, 2-1.1, South 45'-2-1, and 1.2 of Thornas Hickey Place, thence westerly through Lot 1.15 of M. Walters Addition to Ramona Street, thence northerly on Ra- mona street to the east 50' of Lot 18 of Columbia Addition, at an es- timated cost of $23,838.98, present- ed and read, No written objections were filed and' no objectors were present in the Council Chamber at the time set far said public hear- ing, Councilman Welu moved Uhat the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the fallowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments: RsSOLU71ON N0, 180.57 Whereas, proposed plans and specifications and farm of contract for the construction of an eight (8} inch sanitary sewer beginning at the existing sanitary in Lot 7 of Rose Hill Addition, thence northwesterly to the intersection of Robin Street and the first alley west of English Lane, thence northerly to the southeast property line of Lat 1 of August Lubs Sub• division, thence westerly to Ra• mono Street, bhence northerly from the southeast property corner of Lot 1 of August Labs .Subdivi- sion to Adeline Street, thence west- erly to Lot 1-Lot 13 of M. Walters A~d'dition, thence northerly througfi Lots 1-13, 2.13, 1.15, 1.16 of M. 4Va1- ters Addition, and Lots 1.1.1, 2.1-1, South 45'•2.1, and 1.2 of Thomas Hickey Place, thence westerly through Lot 1.15 of M. Walters Ad- dition to Ramona Street, thence northerly on Ramona Street to the East 50' of Lot 18 of Columbia Ad- dition, have been approved by the City Council of the City of Du- buque and public notice given as ----^ 342 Regular Session, September 3,1957 provided by Chapter 23 of the Cade of Iowa, 1950, pertaining to public contracts and bonds, and the time and place Fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 3rd' day of September, 1957; and Whereas, the City Council met in regular session this 3rd day of September, 1957, at 7;30 o'clock P.M. Daylight Saving Time at the Council Chambers in the City Hall for the purpose of hearing all in- terested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of Ube improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been du,y weighed anvil con- sidered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted'. Bo It Further Resolved that this resolution containing ithe decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a mat- ter of permanent record in con- nection with said improvement, Passed, adopted and approved this 3rd day of September, 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, Sec- onded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, (Necessity for Improvement) RESOLUTION N0. 168.57 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the C%ty of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trict, if any. 2. Size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of an eight (8) inch sanitary sewer beginning at the existing sanitary in Lot 7 of Rose Hill Addition, thence northwester- ly tc the intersection of Robin Street and the first alley west of English Lane, thence northerly to the southeast property line of Lot 1 of August Lubs Subdivision, thence westerly Ito Ramona Street, thence northerly from the south- east property corner of Lot 1 of August Lubs Subdivision to Ade• line Street, thence westerly to Lot 1-Lot 13 of M. Walters Addition, thence northerly through Lots 1.13, 2.13, 1.15, 1.16 of M. Walters Ad- dition, and Lots 1.1.1, 2.1.1, South 45 fit. 2-1, and 1.2 of Thomas Hickey Place, thence westerly through Lot 1.15 of M. Walters Addition to Ramona Street, thence northerly on Ramona Street to the East 50 ft, of Lot 18 of Columbia Addition. Be It Therefore Resolved that the City Council an its own mo- tion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso= lotion have on file with the City Clerk objections to the amount. of the proposed assessments,they shall be deemed to have waived all objections thereto,. Regular Session, September 3,1957 343 Said improvement shall be con- struoted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac• cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, or partly out of each of said funds. Bonds shall Ire issued and sold in anticipation of deferred pay- ments of assessments when aeon-' tract has been performed and ac• cepted and the proceeds thereof used to pay the contractor, The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of August, 1957. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 3rd day of September, 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, Sec- ended by Councilman Kintzinger. Carried by .the following vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 181.57 Be It Resolved By the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces• sity No. 168.57 which was duly passed by -this Council, for' the construotfon of an eight (8) inch sanitary sewer beginning at the existing sanitary in Lot 7 of Rose Hill Addition, thence northwest- erly to the intersection of Robin Street and the first alley west of English Lane, thence northerly to the southeast property line of Lot 1 of August Lubs Subdivision, thence westerly to Ramona Street, thence northerly from the south- east property corner of Lot 1 of August Lubs Subdivision to Ade- line Street, thence westerly to Lot 1•Lot 13 of M. Walters Addition, thence northerly through Lats 1.13, 2.13, 1-15, 1-16 of M, Walters Ad• dition, and Lots 1-1.1, 2-1-1, South 45 ft. 2.1, and 1.2 of Thomas Hickey Place, thence westerly through Lat 1.15 of M. Walters Addition to Ramona Street, thence northerly on Ramona Street to the East 50 ft. of Lat 18 of Co• lumbia Addition, be and the same are hereby ordered and construct- ed by this Council upon its own motion and with the petition of property owners, All the work shall be constructed in accordance with the plans and specifications adopted and now on file in the office of the City Clerk. Be It Fm•ther Resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such pro- perty abut upon the same or are adjacent thereto, according to the area thereof and in proportion ~to the special benefits conferred, and any deficiency will be paid out of the general or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds real- ized from the sale of bonds or with Sewer Bonds to be issued in anticipation of deferred payments of assessments as provided by law; after the work has been completed and accepted by the City Councih Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vdted by law, the said improve- ments shall be completed 60 cal- endar days after notice to pro- ceed is issued. 344 Regular Session, September 3,1957 Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of September, 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 Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of notice o-f levy of Special Assessment and inten- tion of the City Council to issue bonds for the improvement of con- struction of an eight (8") sanitary sewer in Chaney Road beginning at the existing manhole at the intersection of Pennsylvania Ave- nue and Ohio Avenue, thence east- erly to the intersection of Chaney Road and Pennsylvania Avenue, thence northerly 1,32325 feet on Chaney Road, presented and read. Councilman Kolb moved that the proof of publication be received and filed, Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. City of Dabugo-a, Iowa Schedule of Assessments RESOLUTION N0. 182.57 Resolved by tho Gity Cotutcil of the City of Dubuque, Iowa; That to pay for the construction of an eight (8) inch sanitary sewer in Chaney Road, beginning at the ex- isting manhole at the intersection of Pennsylvania Avenue and Ohio Avenue, thence easterly to the in- tersection of Chaney Road and Pennsylvania Avenue, thence nor- therly 1,323.25 feet on Chaney Road, by Saffron Construction Company, contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and far the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. Angelo & Anna Kerper, Lot 2, Block 3 St. Anne's Sub. $191.48 Austin J. & Mary G. Kaiser, Lot 1 of 1, Block 3 St. Anne's Sub ......................... 47,89 Austin J, & Mary G. Kaiser, Lot 1-1.1-A, Block 3 St. Anne's Sub . ...................... 207.96 Angelo & Anna Kerper, Lot 2, Black 2 St. Anne's Sub. 223.42 Angelo & Anna Kerper, Lot 2 of 1, Block 2 St. Anne's Sub ....................................... 47.87 Angelo & Anna Kerper, Lot 1-i-1-A, Block 2 St. Anne's Sub ....................................... 159,57 Angelo & Anna Kerper, Lat 1 of 1, Block 1, St. Anne's Sub ....................... 910.19 Angelo & Anna Kerper, Lot 2, Block 1St, Anna's Sub ......:................................ 191.48 Wilson E, & Opal Conlon, Lat 3, Bloclt 1St. Anne's Sub ....................................... 191.48 Karl C. & Mary May Hos- ~tert, Lot 4, Block 1St. Anne' Sub . .......................... 191.48 Foul E. & Mary T. Perrin, Lat 5, Block 1St. Anne's Sub ....................................... 191.48 Barney J. Connelly, Lot 6, Block 1St, Anne's Sub..... 191,48 Donald E, & Dorothy Orcutt, Lot 7, Black 1St, Anne's Sub ......................................: 191.48 Roy & Zella E. Mangeno, Lot 8, Block 1St. Anne's Sub ....................................... 191.48 Frederick N. & Bernadine M, Ament, Lat 9, Block 1 St. Anne's Sub ................... 191.48 Kenneth J. & Rita M. Mu- lert, Lot 10, Block 1St. Anne's Sub ....................... 191,48 Eugene H. & Katherine Geisler, Lot 11, Block 1 St. Anne's Sub . ................ 191.48 William & Agatha D, Reilly, Lot 12, Block 1St. Anne's Sub ....................................... 191.48 Nona & Eugene Paul Clark,. Lot 13, Block 1St. Anne's Sub . ...................................... 204.91 Robert & Norma Chaney, Lot 14, Block 1St. Anne's Sub ....................................... 223.10 Regular Session, September 3; 1957 345 Leonard L. & Ruth C, Tim• merman, Iat 15, Block 1 St. Anne's Sub ..........:.... 207.46 Lavonne Kennedy, Lot 1 of 1, Black 4 St. Anne's Sub. 188.63 Kenneth J. & Rita M, Mu- lert, Lot 2, Block 4 St. Anne's Sub ......................... 191.48 Herbert & Betty J. Hauth, Lot 3, Black 4 St, Anne's Sub ......................:................ 191.48 Edwin B, Horsfield, Lot 4, Block 4 St. Anne's Sub,.,., 191.48 John C. & Elva J, Ross, Lot 5, Block 4 St. Anne's Sub, 191.48 Gerald J, & Mary B. Hoff- man, Lot 6, Block 4 St. Anne's Sub ......................... 191.48 Joanne T, & John F. Ruley, Lot 7, Block 4 St, Anne's Sub . ...................................... 191.48 Merlin T. & Genevieve A. Roling, Lot 8, Block 4 St. Anne's Sub ......................... 191,48 Paul S. McKnight, Lat 9, Block 4 St. Anne's Sub,.... 191,48 Charles D, & Jeanette L. Wolff, Lot 10, Block 4 St, Anne's Sub ................... 191.48 Charles W. & Mary Lou Schrieber, Lot 11, Block 4 St, Anne's Sub, ,,,,,,,,,,,,,,,,,,,191.48 Robert A, & Immogene P. Grant, Lot 12, Block 4' St. Anne's Sub ......................... 191.48 Angelo & Anna Kerper, Lot 13, Block 4 St. Anne's Sub ....................................... 191.48 Thomas W. & Delores J. Herrings, Lot 14, Block 4 St, Anne's Sub . .............. 191,48 Donald J. & Elizabeth H. Haverland, Lot 15, Black 4 St. Anne's Sub, ,,,,,,,,,,,, 191.48 William E, & Regina F, Cherrier, Lot 16, Block 4 St. Anne's Sub ................. 191.48 Rosemary & Florence Lesch, Lot 17, Block 4 St, Anne's Sub ....................................... 191.48 Emmett R. & Maxine E. Kennedy, Lot 18, Block 4 St. Anne's Sub ............... 191.48 Angela & Anna Kerper, Lot 19, Block 4 St, Anne's Sub ....................................... 207,44 Total ............................$8,180.86 1,409.60 Lin, Ft, 8" V.T,P. at $4.00 Lin, Ft .............$5,638.40 41 No. ofB"x6"Y Branches at $10.00 Lin, Ft . .................................... 410;00 32.3 Lin. Ft, in Height of Sidewall Manholes at $20.00 Lin. Ft ................. 646.00 4 No, of Bases at $25.00 Each ................................ 100.00 4 No, of Rings & Covers at $50,00 Each .............. 200,00 409.37 Tons Crushed Rock In Place at$3.50 Ton..,. 1,432.80 $8,427.20 'Less 209.37 Tons Crushed Rack in Place at $3,50.... 732.80 $7,694.40 5,0% Extra Expense.......... 430,89 5% Interest for 52 Days 55.57 $8,180.86 All of which is assessed in pro- portion Ito the Special Benefits Con- ferred. Passed, adopted and approved this 3rd day of September, 1957. CHARLES E. DOVE Mayor. CLARENCE P, WELU RAY F, KOLB LEO N. SCHiJELLER, CHARLES A, KINTZRdGER Councilmen, Attest; LEO F. FROMMELT City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0, 183.57 Resolution providing for the is- suance of Sewer Bonds for the purpose of providing for the pay- ment of the assessod cost of Chaney Road Sanitary Sewer. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager. has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $8,180,86 of 'the cost. thereof shall be assessed against the pro• perty subject to assessment there- for; and Whereas public notice, as pro vided by law, 'has been published by the :City Clerk stating the in- tention of the City Council to issuQ 346 Regular Session, September 3,1957 bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing 'has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined: Now Therefore Be It Resolved by the City Council of the City of Dubuque; 1, That to provide for the pay- ment of the assessed cost of the construction of an (8) inch sanitary sewer in Chaney Road beginning at the existing manhole at the intersection of Pennsylvania Ave- nue and Ohio Avenue, thence east- erly to the intersection of Chaney Road and Pennsylvania Avenue, thence northerly 1,323.25 feet on Chaney Road there shall be issued Sewer bonds in the amount of $8,180,86 in anticipation of the de- ferred payment of assessments levied for such improvement. 2, Such bonds shall be called Sewer bonds; and shall bear the date of October 4, 1957; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such de- nominations and for such maturity dates as are shown in the follow- ing table; Series No. 1-Bonds No, 1194 and 1195-Denomination $500.00 each-Maturity April 1, 1958, Series No, 2-Bonds No. 1196 and 1197-Denomination $500.00 each-Maturity April 1, 1959. Series No. 3-Bonds No. 1198 and 1199-Denomination $500.00 each-Maturity April 1, 1960. Series No, 4-Bonds No. 1200 and 1201-Denomination $500.00 each-Maturity April 1, 1961. Series No, 5-Bonds No. 1202 and 1203-Denomination $500.00 each-Maturity April 1, 1962, Series No, 6-Bonds No. 1204 and 1205-Denomination $500.00 each-Maturity April 1, 1963, Series No. 7-Bond No. 1206- Denomination $500.00-Maturity April 1, 1964. Series No. 8--Bond No, 1207- Denomination $500,00-Maturity April 1, 1965, Series No. 9-Bond Na, 1208- Denomination $500.00-Maturity April 1, 1966, Series No. 10-Band No, 1209- Denomination ' $500.00 -Maturity April 1, 1967, Series No. 11-Bond No. 1210- Denomination $180,86 -Maturity April 1, 1967. 3. Said bonds shall bear interest at 'the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment fund. 5, Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No . ............................... Series No . ................... • • • . CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first d'ay of ... . , or at any time before that date, at the option of the City of Du- buque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This band is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Reso- lution of said City duly passed on the 3rd' day of September, 1957, being Resolution No. 183-57. This Bond is ono of a series of 17 bonds, 16 for $500.00 numbered' from 1194 to 1209 inclusive, and one for $160,86 numbered 1210, all, of like tenor and date, and issued for the purpose of constructing the Chaney Road Sanitary Sewer as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property, It is payable only out of the Special Assessment Fund' No. 19G created by the col- lection of said special tax, and said fund can be used far no oth- er purpose. Regular Session, September 3,1957 347 It is hereby certified and recit- ahe facsimile signature of the May- ed that all the acts, conditions and ora nd countersigned with the fac- things required to be done, prece- simile signature of the City Clerk, dent to and in issuing this series of bonds, have been done hap- 9, That as fast as funds allow, , pened, and performed, in regular ' beginning with the second' year after the payment of inherent due and d ue form, as required by law and said Resolution and for the , these bonds shall ~be called and , assessment, collection and pay- retired in the same order as num• tiered meat hereon of said special tax . , the full faith and diligence of said Adopted this 3rd day of Septem- City of Dubuque are hereby irre- tier, 1957. vocably pledged, CHARLES E. DOVE In Testimony Whereof tike City Mayor, CLARENCE P WELD of Dubuque by its Council has , RAY F KOLB caused this band to be si red b g Y , LEO N, SCHUELLER its Mayor and countersigned by its , CHARLES A, KINTZINGER City Clerk and the Seal of said Councilmen City to be thereto affixed, this 4th . Ahtest: LEO F. FROMMELT day of October, 1957, City Clerk (SEAT') , Councilman Kolb moved the • • • • : • . • • ... . .:................. . adoption of the resolution, Sec- Mayor onded by Councilman Schueller. Carried by the following vote: Cit y Clerk Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. (Form of Coupon) Nays-None. On the...,,,,,,,,,day of,,,,,,,,,,,,,,,,,,,,,, I, Claude McDonald, hereby cer- , the City of Dubuque, Iowa, prom- tify that I posted copies of the ises to pay to the bearer, as pro- notice of levy of special assess- vided in said bond, the sum of ' meat and intention of the City .• . ~• • , ..,Dollars, in the Council to issue bonds along the Y office of the Cit Treasurer in .the ' line of improvement for the con• City of Dubuque, being,,,,,,,,,,,,,,,, i months' interest due that date on struction of an eight (8) inch sani- tary sewer in Chaney Road begin- its ..............................Band No,..,,,,... ring at hhe existing manhole at ,,, , dated,,,,,,,,,,,,,,,,,,,,, ; the intersection of Pennsylvania ,,,,,,,,,,,,,,,,, , ' I Avenue and Ohio Avenue, thence ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, i easterly to the intersect n of Mayor I Y Chaney Road and Penns lvania ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Avenue, thence northerly 1323.25 feet on Chaney Road, City Clerk /s/ CLAUDE McDONALD 6. That the Mayor and City Subscribed and sworn to before Clerk be and they are hereby in- I me this 21st day of August, 195'7. strutted to cause said bonds to 'I /s/ LEO F. FROMMELT l) N (S be prepared and when so prepared ea otary Public in and to execute said bonds and that I for Dubuque P ounty, ~wa the City Clerk be and he is here- ' MY Commission ex Tres Jul 4 by instructed to register said bonds j 1960. in a book kept for .that purpose Councilman Kolb moved that the and to then deliver them to the j statement be received and filed; City Treasurer, Seconded by Councilman Schueh 7, That the City Treasurer is ' ler. Carried by the folowing vote: hereby instructed to sell said bonds i Yeas-Mayor Dove, Councilmen Ki i in the manner provided by law, ntz nger, Kalb, Schueller, Welu. Nays-None the proceeds of said sale to be , placed in a special fund to be RFaSOLUTION N0, 184.37 known as Special Assessment Fund Whereas, Walter Beuse Mayor No. 1196 and paid out by him to , of Davenport of Iowa departed this pay the cast of said contract, , life August 26, 1957; and, 8, That the interest coupons at- Whereas, in 'his capacity as May- ~tached to the bonds be signed with or and as President of the Cities It 348 Regular Session, September 3,1957 Section of the League of Iowa Municipalities, he has performed great service in advancing the cause of good governmsent not only in his own city but in the entire State of Iowa; and, Whereas, it is only fitting and proper that the City Council mark the passing of this fine citizen 'of Iowa by appropriate resolutions; Now Therefore Be It Resolved By the City Council of the City of Dubuque: That we do hereby publicly express our sorrow at the death of Walter Beuse and extend our sympathy Ito his bereaved rela• tives, Passed, adopted and approved this 3rd day of September, 1957. CHARLES E, DOVE Mayor CLARENCE P, WELU RAY ~', KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved that the resolution be adopted and that a copy of same be sent to the City Council of Davenport, Iowa and the bereaved relatives of Mr. Beuse, Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Dave, Councilmen Kin±zinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 185.51 Whereas Clarence J, Arlen and Dolores Arlan, as owners of Block 3 and Block 4 in Clover Hills Subdivision, have requested exten- sion of -time for the performance of their agreement under the pro- visions of Resolution No. 54-56 ac- cepting such Subdivision; and Whereas the surety on the sub- division bond, Universal Surety Company, has consented to the ex- tension; Now Therefore, Be It Resolved By the City Council of the City of Dubuque; 5ectian 1. That the time of per- formance by Clarence J, Arlen and Dolores Arlen, and their assigns, of the conditions and agreements contained in Resolution No, 54-56 approving Clover Hills Subdivision, be and the same is hereby extend- ed from November 1, 1957 to July 24, 1958; Section 2. That the City Clerk be and she is hereby authorized and directed to record a certified copy o£ this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 3rd day of September, 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 Welu moved the adoption of the resolution, Sec- onded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 186.57 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 cigarette papers within said City. Francis P, Ackerman and James Davis, 7-B Fischer Building, N.W. Corner 9th and Main Street. Richard M. Richman, 1555 Cen- tral Avenue. Be It Further Resolvedthat hhe bonds filed with the applications be approved. Passed, adapted and approved this 3rd day of September, 1957, CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Sec- ended by Councilman Schueller. Carried by ,the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Regular Session, September 3,1957 349 RE5OLUTION N0, 187.55 Resolution approving plat of Katharine Place. Whereas there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lat 1 of the South One-Half of Mineral Lat 309A in the City of Dubuque, Towa, is platted as Lots 1 to 6 in• elusive Katharine Place, in the City of Dubuque, Iowa, and, Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, Whereas said plat has been ex- amined by the City Council and they find the same conforms to -the Statutes and Ordinances relat- ing thereto; Now, Therefore, Be It Resolved By the City Council of bhe 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 bhey are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 3rd day of September 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 Kalb moved the adoption of the resolution. Sec- onded by Councilor Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. RESOLUTION N0. 188.57 Whereas, applications for Beer Permits have been submitted ito 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 J, Louis and Susan Spielman, 601 Rhamberg Avenue. Ronald J. Weiner, 909 Walnut Street. Carl L. Noel, 1080 University Avenue. Walter P. Koenig, Sr., 2412 Cen• tral Avenue, Richard M. Richman, 1555 Cen• Kral Avenue. Vincent A, McClean, 38 West 4th Street, Thomas F. McDouough,1064 Uni- versity Avenue. Mrs. Emma Scherer, 1187 Iowa Street, Grange J, Kohn, 399 East 20th Street, Walter R. Johnson, 336 Main Street, CLASS "C" PERMIT Sydney Miller, 2850 Burlington Street. Thomas Oeschger, 815 West 5th Street. Tenenbom's Super Market, Inc., 630 Locust Street. Gus and Michael Pusateri, 1098 Main Street. Passed, adopted and approved this 3rd day of September, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kolb moved .the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 189.57 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 bonds: Now, Therefore, Be It Resolved by the City Coun• ch of the. City of Dubuque tha-t the Manager be and he is directed to 350 llegular Session, September 3,1957 issue to the following named appli- cants aBeer Permit, CLASS "B" PERMIT J. Louis and Susan Spielman, 601 Rhomborg Avenue, Ronald J, Weiner, 909 Walnut Street. Carl L, Noel, 1080 University Avonue. Walter P, Koenig, Sr,, 2412 Cen- tral Avenue. Richard M. Richman, 1555 Cen- tral Avenue, Vincent A. McClean, 38 West 4th Street. Thomas F, McDonough, 1064 Uni- versity Avenue, Mrs. Emma Scherer, 1187 Iowa Street. Grange J, Kohn, 399 East 20th Street. Walter R. Johnson, 336 Main Streot. CLASS "C" PERMIT Sydney Nfillor, 2860 Burlington Streot, Thomas Oeschger, 815 West 5th Street, Tenenbom's Super Market, Inc., 630 Locust Street. Gus and Michael Pusateri, 1098 Main Street. Be It Further Resolved that the bands filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of September, 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 Schueller, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, August 28, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I hereby certify that I have in- spectedthe following improvement: The construction of the 1957 Water Main Project No. 1. .That 'the same has been com• pleted in accordance with the terms of .the contract with Saffron Construction Co. That there is now due the con- tractor under his contract the amount of $20,629.50. That the otal cost of the im- provement is $20,696,32 as shown by the computation hereto ah- tached, K, J. CULLEN City Engineer i951 Water Main Project No. 1 Computation of the Total Cost of the Improvement 883 lin. Ft, 12" water main at $8.00 ............................$7,064.00 21571in. fit, 6" water main at $4.50 .......................... 9,706.50 51 ft, 6" water main (hy- Brant leads) at $4A0.,.. 204.00 2-12" Valve and box at $250.00 ............................ 500.00 12-6" Valve and box at $125.00 ............................ 1,500.00 6-Hydrants at $220.00.... 1,320.00 1-12" x 12" x 6" tee at $75.00 .............................. 75.00 1-12" plug at $20.00,.,..,..,,.. 20,00 6-6" x 6" x 6" tee ~at $35.00 .............................. 210.00 1-6" 11'/4 deg, bend at $2D.00 ................................ 20.00 2-6" plug at $5A0..,,........ 10.00 Contract Total ....,,....$20,629,50 Contract total ..................$20,629,50 Assessment total .............. 9,380,74 Water Dept. Share (pay to contractor a f t e r Council's acceptance).,,,$11,248,76 Amount receivable from the assessments (pay Ito contractor 52 days after the Council accepts the improvement) ................ 9,380,74 Interest on $9,380.74 at 5% for 52 days (pay contractor 52 days af- ter the Council accepts the improvement) ....,.,. 66,82 Total amount due the contractor ......................$20,696,32 CITY SHARE OF THE IMPROVEMENT COST City share (Isl. pay- ment) ..............................$11,248,76 Interest on $9,380,74 at 5% for 52 days .............. 66.82 Total city share of the improvement ................$11,315.58 Regular Session, September 3,1957 351 Councilman Kolb moved that the communication. be made a matter of record. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION NO. 190•S7 Resolution accepting work, as- certaining cost, determining prA• portion of cost to be assessed against private property and or- dering payment for: The construc- tion of the 1957 Water Main Pro- ject No, L Whereas, the City Engineer has filed his certificate with the City Clerk, stating that he has inspected the above improvement, that the same has been performed in com- pliance with the terms of the con- tract, aad that the total cast of the work is $20,696.32. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the work of Saf- Fran Construction Co, in complet- ing said improvement is hereby accepted and the City Auditor in- structed to issue warrants payable to said contractor in the total sum of $20,629,50 with tnterest there- on at the rate of 5% per annum from date hereof and drawn upon the Water Works Goneral Fund or any other fund available for such improvement. Section 2. That the total cost of said improvement is hereby de- termined to- be $20,696.32 and it is Further determined that. $11,-' 315.58 of such cost shall be paid from the Water Works General Fund and $9,380.74 of such cost shall be assessed against private property within the assessment dis- trict, Passed, adopted and approved this 3rd day of September, 1957. CHARLES E, DOVE Mayor CLARENCE P, WELD RAY F, KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Sec• onded by Councilman Schueller.. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor and City Council City of Dubuque, Iowa I herevnth submit an assessment schedule for the above improve- ment showing a description of each lot Co be assessed, the names of the owners as shown by the County Auditor's roll, the valua• lion of each lot as sot by the Council, and the amount proposed to be assessed against each lot. Submitted this 3rd day of Sep- tember, 1957. K, J. CULLEN City Engineer Indiana Avenue ..................$2,355.92 Montana Street .................... 2,939,50 Pennsylvania Avenue.,,,.... 3,029,4$. Wilbricht Raad .................... 1,055,84 Total Assessment.......,.,,.$9,380.74 SCHEDULE OF ASSESSMENTS 1957 WATER MAIN PROJECT N0. 1 (Indiana Avenue) Assessment Alfred B, Boge, Loa 197, Lenox Addition - Valua• lion $70D.00 ........................$100.00 Alfred B. Boge, Lot 198, 'Lenox Addition-Valua- tion $700.00 ..:..................... 100.00 John & Hattie Cornwall, Lot 199, Lenox Addition - Valuation $2000.00........,.,, 100.00 John & Hattie Cornwall, Lot 200, Lennox Addition - Valuation $700,00 .............. 100.00 Kenneth & Gladys Loney, Lot 201, Lenox Addition -Valuation $700.00..,....... 100.00 Kenneth iu Gladys Loney, Lot 202; Lenox Addition -Valuation $700.00........., 100.00 Kenneth & Gladys Loney, Lot 203, Lenox Addition -Valuation $700.00,..,,...,, 100,00 Kenneth & Gladys Loney, Lot .204, Lenox Addition -Valuation $700,00,;,....... 100.00 Kenneth & Gladys Loney, Lot 205, Lenox Addition -Valuation $700,04,.,..,.... 100.00 Kenneth & Gladys Loney, Lot 206, Lenox Addition -Valuation $600,00,,.,,,,,., 100A0 Kenneth 8~ Gladys Loney, hot 207, Lenox Addition -Valuation $450,00,....,..,. 84.52 ~.: 352 Regular Session, September 3,1957 Kenneth & Gladys Loney, Lot 1 of 208, Lenox Addi- tion-Valuation $450,00..,. 84,00 Elmer J. & Mae Lynch, N. 55 ft, of Lot 209, Lenox Addition -Valuation $450.00 ................................ 87.40 Ebner J. & Mae Lynch, N. 55 ft, of Lat 210, Lenox A d d i ~t i o n-Valuation $45o.DO ................................ loo.oo Jas. J. & Lena Ward, Lot 211, Lenox Addition - Valuation $2800.00..........,. 100,00 Jas. J. & 'Lena Ward, Lot 212, Lenox Addition - Valuation $700.00 .............. 100,00 Jas..]. & Lena Ward, Lot 213, Lennox Addition - Valuation $700.00 ........:..... 100.00 Jas. J. & Lena Ward, Lot 214, Lenox Addition - Valuation $700,00 .............. 100.00 Jas. J, & 'Lena Ward, Lot 215, Lenox Addition - Valuation $700.00 .............. 200.00 Jas. J, & Leua Ward, Lot 216, Lenox Addition - Valuation $700,00 .............. 100,00 John F. & Ellen E. Ward, Lot 217, Lenox Addition -Valuation $2800,00.....,., 100.00 '; John F. & Ellen E, Ward, Lot 218, Lenox Adition -Valuation $700.00.......... 100,00: Adele M. Buelow, Lot 219, Lennox Addition-Valua- tion $700.00 ........................ 100.00 Adele M, Beulcw, Lot 220, Lennox Addition-Valua- lion $700,00 ........................ 100.00 Total ...............:............$2,355,92 1957 WATER MAIM PROJECT NO. 1 (Montana Street) Assessment John B, Linlc, Lot 2, Elva P1, Valuation $1,000.00..$118.00 ,]oseph F. & Catherine T. Costa, Elva PL--Valuation $1,000,00 ............................ 118,00 D, I. & D, G. Meyer, 'Lot 1 of 2, Wilson's Dubuque- Valuation $16,444,00..,.,..,.. 160A0' D, I, &'D, G. Meyer, W. 198 ft. of Lot 2 of 2, Wil- son's Dubuque-Valuation $600.00 ................................ 76,00 D. I. & D. G. Meyer, W. 198 ft. of Lot 2 ' of 3, Wil- son's Dubuque-Valuation $700.00 .............:........:. ... 84A0 Gertrude E, & Earl Marsch, W. '~ of Lot 1 of 3 Wil- son's Dubuque-Valuation $8,395.00 ............................ 152,40 Harold P. & Betty J, Gott- schalk, Lot 2.1-1.2 Lats 8 and 9, Wilson's Du- buque -Valuation $2,000 ............................................. 148,00 Walter E, & Agnes M, Strub, Lot 1.1.1-2 Lots 8 and 9, Wilson's Dubuque--Valu• ation $2,000 148.00 Charles J, & D'Elda B. Bue- low, Lot 1.2-1.2 Lots 10 and 11, Wilson's Dubuque -Valuation $2,000.00..,....: 148.00 James M. & Mary. Morten- sen, Lot 2.2.1.2 Lots 10 and 11, Wilson's Dubuque -Valuation $2,000.00..,..... 148.00 Bernard Schmitt, Lot 1.1.1- 1••1 Lots 10 and 11, Wil• son's Dubuque-Valuation $656.00 ...........................:.... 36.00 Bernard & Jean A n n Schmitt, Lot 2.1.1.1.1 Lots lp and 11, Wilson's Du- buque-Valuation $11,668 120,00 Eugene Miller, Lot 12A (vacated Mills St.) Wil- son's Dubuque-Valuation $1,200.00 .............................. 80.00 Glen E, & Rosalyn C. Carris, Lot 1-1.12, Wilson's Du- buque-Valuation $1,000., 118.00 Glen E, & Rosalyn C. Carris, Lot 2.1.12, Wilson's Da- buque-Valuation $1,000.. 115.00 Glen E, & Rosalyn C. Carris; ' Lot 1, Block 1, Glenn Car- ris Subdivision - Valua- tfon $1,200,00 ...................... 144.00 Glen E. & Rosalyn C. Carris, Lot 2, Block 1, Glenn Car- ris Subdivision - Valua- tion $1,OOD.00 ...................... 133.48 Glen E, & Rosalyn C. Carris, Lot 3, Block 1, Glenn Car- ris Subdivision - Valua- tion $1,000.00 ......:............... 133,43 Glen E, & Rosalyn C. Carris, Lot 4, Block 1, Glen Car- ris Subdivision - Valua- tion $1;000.00 ....................:. 133,48 Glen E, & Rosalyn C. Carris, Lot 5, Block 1, Glenn Car• ris Subdivision - Valua- tion $1,000.00 ...................... 133,48 Neal R. & Dorothy E. Mc- Evoy, Lot 6, Block 1; Glenn Carris Subdivision -Valuation $1,000,00,...,.;. 133,18 Regular Session, September 3,1957 353 Edwin M. & Rita C. Duster, Lot 2 Duster Place-Valu- ation $2,000.00 .................. 200.00 Edwin M: & Rita C. Duster, Lot 3 Duster Place-Valu- tian $9,643.00 .................... 156.00 Total ............................$2,939.50 1957 WATER MAIN PP.OJECT N0. 1 (Pennsylvania Ave.) Assessment Angella C. Brown, Part of Brown Place No. 2-Valu• ation $40,039.00 ................$421.20 Arnold C. & Martha Lange, Lot 1 of SW'/4 ~of SW '/n Section 22.69.2E-Valua• lion $18,515.00 ................1,278.80 Earl & Ruth Falk, Lot 1 of 1 of 1 W ~Z•NW'/4-NW '/4•Section 27.89.2E-Val- uation $5,225.00 .........:...... 938,94 Vincent & Mary Roling, Lot 2 of 1, Wt/z-NW t/a•NW'/a Section 27.89.2E-Valua- tion $8,019,00 .................... 195.24 Buefard J. & Katherine L. Kelly, Lot 2 W VZ•NW'/a- NW t/a Section 27.89-2E- Valuation $4,512.00 ........,. 195.30 Total ............................$3,029.48 1957 WATER MAIN PROJECT N0. 1 (Wilbricht Road) Assessment Hanel Amos, Lot 1.1.2 Lots 10 and 11, Wilson's Du- buque -Valuation $10; 952,00 ..................................$120.00 James E. 3i Joan 'L. Wad- dick, Lat 2.1-2 Lots 8 and 9, Wilson's Dubuque - Valuation $649.00 .............. 125.04 Gertrude Ertl, Lots 1.2.1 Lots 8 and 9, Wilson's Dubuque-Valuation $35,- 588.00 .................................. 354.80 Gertrude Ertl, Lot 5 of 1, Link's Subdivision-Valu- ation $15,494,00...,„......No Benefit Dr, John A, & Marvel Link, Lot 2-2-1-2.1.1, Link's Sub• division-Valuation $24,• 499.00 ............................No Benefit Hillcrest Babyfold, path of Mettel Link Place-Valu- ation $175,000,00 ................ 456.00 Total ............................$1,055,84 RESOLUTION N0. 19157 Resolution adopting final assess- ment schedule, levying assessment, prescribing terms of payment thereof, and directing City Clerk to certify final schedule and pub- lish notice far: The construction ~f a cast iron water main for the 1957 Water 1Clain Project No. 1. Whereas, the City Engineer has filed his Final Schedule of As• sessment for the above improve• went showing a description of each lot ,to be assessed, the valuation of each lot as heretofore fixed by the Council, and the amount proposed to be assessed against each lot, and, Whereas the City Council has met and considered said Final Schedule of Assessments; Now Therefore Be It Resolved By the City Council of bhe City of Dubuque, Iowa: Section 1. That the assessments as sat forth in said schedule are hereby confirmed and adapted and that a special'tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate for the amotmts set apposite each lot or parcel of real estate all as shown in said schedule. Section 2. That each of said as• sessments in excess of $25.00 is hereby divided into ten equal an- nual installments, the first of which shall be due and payable on January 1, 1958 and the succeed• ing annual installments shall be• come respectively due and payable on the first day of January annual- ly thereafter. Seotion 3. That all. unpaid in• stallments shall bear interest at the rate of 5% per annum from Sep• tember 3, 1957 anti shall be due and payable in ,the manner pro• vided by law, provided however, any taxpayer may pay his dotal assessment in full without inter- est within 30 days from the date that the City Clerk certifies the schedule of assessments to the County Auditor as hereinafter pro• vided. Section 4. That the City Clerk is hereby directed to certify the Engineer's Final Schedule of As- sessments to the County Auditor of Dubuque County, Iowa, and to pub• lish notice thereof by our publica- tion izi the Telegraph Herald newt. 354 Regular Session, September 3,1957 paper once each week for two consecutive weeks, the first publi- cation of which shall not be more than fifteen days from the date of the Filing of the final schedule with the County Auditor. Passed, adopted and approved this 3rd day of September, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution. SEC• ended by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Welu. Carried by the following .vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nay-None. Mr. Wilson Conlon addressed the .Council relative to his claim previ- ously filed for damage done to a driveway on Chaney Road, alleged- ly done by Saffron Construction Co.; at !the time of construction of . the sewer in Chaney Road. Mr. Con'lan was advised that the Saf- fron Construction Co. has insur- ance coverage for claims of this kind. Mi, - GQnlan stated that be con- tacted Mt. Saffi•an who refused to admit liabIlity to .his insurance company, inthis particular case. 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, Schueller, Welu. Nays-None. LEO F. FROMMELT City Clerk. Approved ................................1958. Adopted ................................1958. Councilmen • ...................................... Attest ................................................ City Clerk Special Session, September 16,1957 355 < <a Official Special Session, September 16, 1957. Council met at 7;30 p.m. Day- light Saving Time. Present Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu, City Manager Schiltz. Mayor Dave read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of tentatively awarding contract No. 1--Sewage Pumping Station; Con- tract No. 2-Force Main and Ter- minal Street Sewer; Contract No. 3-Sewage Treatment Plant, as the result of bids opened and read on the aforementioned improvements on September 10, 1957 at 2 P.M. D.S.T, and acting on any other business as may properly came be- fore aregular meeting of the City Council. September 16, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Bids were received at 2:00 P;M. September 10th for Contract No. 1 Sewage Pumping Station, Con- tract No. 2 Farce Main and Ter- minal Street Sewer, and Contract No. 3 Sewage Treatment Plant. On Contract No. 1 Sewage Pump- ing Station, the low bidder is Don- ovan Construction Company of St. Paul, Minnesota, with a total base bid of $220,000.00. This bid was qualified in that Contract No. 1 would not be accepted without the award of Contract No. 3. In as much as the total bids of Donovan Construction Company for Contract No. 1 and Contract No. 3 are higher than :the sum of the bids from the next lowest bid- der. on Contract 1 and the low bid- der on Contract No. 3, I recom- mend that .the bid of Donovan Con- struction Company be rejected. The second lowest bidder on Contract No. 1 is Conlon Construc- tion Company of Dubuque, Iowa, with a total base'bid of $253,228.92. T recommend Ghat the city accept .the bid of Conlon Construction Company and tentatively award the contract for Contract No. 1 on the basis ~of this low unqualified bid and that the following items of major equipment be incorporated in the contract. With these items of equipment, the adjusted contract price will be $250,694.72. CONTRACT N0. 1 SEWAGE PUMPING STATION Item No. 0-1-Sewage Screen, Chicago Pump Company. Item No. 0.2-Sewage Pumps, Drives and Accessories, Fair- banks-Morse Pumps Elect. Mach. Co. Mag. Drives, Elect. Mach. Co. Motor Control Center, Fairbanks- D4orse Motor. Item No. 0.3A~luice Gates, Arm- co-Pehrul, Item No. 0-3B-Backwater Gates, Armco. Item No, 0.3C & D-Gate & Check Valves, Iowa Valve Company. Item No, 0.4-Motor Control Cen- ter Panel P-4, Cutler Hammer, Items 0-S-Pump Control System, Automatic Control Company. Item No. 0-6-Supply and Exhaust Fans, Ilg Elect. Ventilator Com- pany. On Contract No. 2 Force Main and Terminal Street Sewer, the low bidder was Schueller and Com- pany, Tnc., of Dubuque, Iowa, with a total base bid of $343,735.00. I recommend that the City accept the bid of Schueller and Company, Inc., and tentatively award the con- tract for Contract No, 2 on the basis of their low bid. On Contract No. 3, Sewage Treat- ment Plant, !the. low bidder is G. E. Tillman Company, Inc., of Centra- lia, Illinois, with a total base bid of $992,300.00. I recommend that the City ac- cept the low bid of the G. E. Till• man Company, Inc., and tentative- ly award the contract for Contract No. 3 on the basis of their low bid and that the following items of major equipment be incorporated in the contract. With these items of equipment, the adjusted total contract price of Contract No. 3 will be $982,105.00, CONTRACT N0. 3 SEWAGE TREATMENT PLANT Item No. 0.1-Sewage Screen; Chi- cago Pump Company. Item No. 0.2-Blowers and Acces- sories, Sut~orbilt, 356 Special Session, September 16,1957 Item No. 0.3-Air Diffusion Equip- went, Chicago Pump Company. Item No. 0.4--Sludge Collectors, Walker Process. Item No, 0.5-Scum Collectors, Walker Process, Item No, 0.6-Meter, Builders•Pro• vidence. Item No. 0.7-Raw Sludge Pump, Western Machinery Company, Item No. 0.7B-Filtrate Pumps, Fairbanks-Morse. Item No. 0.7C-Ferric Chloride Pumps, Dor-Oliver, Item No. 0-7D-Storm Water Pmnp, Fairbanks•Morse. Item No. 0.7E-Submersible Storm Water Pump, Weil Pump Com- pany. Item No. 0-8-Well Pump, Byron Jackson. Item No, 0.9-Pneumatic Lime Con- veying Equipment, Dracco, Item No, 0.11-Sludge Filters and Accessories, Komline•Sanderson. Item No, 0.12-Lime Feeders and Slakers, Builders Iran (Omega). Item No. 0.15-Sluice Gates, Arm- co-Pehrul. item No, 0.16-Laboratory Furnf• ture, E, H, Sheldon Company, Item No, 0.18-Boiler, Cleaver Brooks. Item No, 0.19-Motor Control Cen- ters, General Electric, Item No. 0.20-Sludgo Hauling Equipment, Chain Belt Company. Item No. 0.21-Plumbing Fixtures, Crane Company, Item No, 0.22-Exhaust Fans, Ilg Elect, Ventilator Co. On Contracts Nos, 1, 2 and 3, the tentative award should be made subjeot to financing the projects and the supplemental agreements, Respeetfuly submitted, L. J, SCHH.TZ City Manager Councilman Kolb moved that the recarnmendations of the City Man• alter be adopted, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. September 13, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap• proved the following bands and de- sire to have your approval on same, subject to the approval of the City Solicitor: HEATING Thomas J. Mulgrew Company, American Surety Company of N, Y. J, F. Stampfer Company, Fire- man's Fund Indemnity Co. SIDEWALK Norbert Freiburger, Western Surety Company, Yours very truly; L. J, SCHILTZ City Manager Councilman Kintzinger moved that the bands be filed subject to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. September 16, 1957 To the Honorable Mayor and City Council llubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works far the month of August as well as list of claims and list of payrolls for which war- rants were issued for the month of August, 1957, Respectfully submitted, L, J, SCHILTZ City Manager Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow ing vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-bone. September 16, 1957 Ta the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The petition of Edward J. NIc- P'arland requesting permission to aonstruot a stone retaining wall eight feet from the curb and with• in the street was referred to the Council to view the grounds, Upon viewing ,the grounds, it was the decision of the Council that this retaining wall would not inter fere in any way with the con- struction of a sidewalk and would be in line with another retaining wall in the next block north and that permission be granted. Special Session, September 16,1957 357 I recommend ,that the decision of the Council be confirmed and that proper proceedings be pre- pared. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Schueller move d that the recommendation of the City Manager be approved. Sec- onded by Councilman Kolb. Car- Tied by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Communication of Mrs, Herman Nauman et al, registering a com- plaint against the Meadow Gold Dairy, for burning rubbish behind their place of business which can- stitutes adefinite nuisance because of the odor, presented and read, Councilman Welu moved that the complaint be referred to the City Manager and Health Depart- ment far investigation and report. Seconded by Councilman I{olb, Car- ried by the following vote. Yeas-,Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. August 16, 1957 To the I-Ionorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Dubuque Planning &Zon• ing Commission recommends to your Honorable Body denial of the petition of Harald F, McCau- ley et. al, requesting vacation of the 10 ft, easement running easter- ly between Lots 7 and 8 Block 9, Steger Heights Subdivision front Princeton Place to University of Dubuque Athletic Field. Since the Subdivision Ordinance. requires all subdividers where blocks exceed 750 ft. in length, to dedicate to the City of Dubuque such easements of a minimum of 10 feet close ~to the middle of such 750 ft., the Planning & Zoning does not consider it quite fair and hon- orable to take such property from one party, the Subdivider and then give or sell it to another party, Too, some day it may prove valu- able as an exit from the athletic field. Respectfully submitted, DUBUQUE PLANNING & 7,ONING COMMISSION By Richard V, McKay Secretary Councilman Kintzinger moved that the recommendation of the Planning & Zoning Commission be approved, Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. August 16, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: After further study of the area mentioned in petition of Herbert E. Dilworth requesting vacation of a 20 fit. alley running northerly from PJarion Street directly west of his Lot 37 toward Highway No. 20 and Mr. Dilworth suggesting that he does not wish to antagonize his neighbors, the Planning ~ Zon- ing Commission decided to rescind it's earlier action as expressed in it's letter ~to City Council May 15, 1957, and recommends to your Honorable Body denial of Mr, Dil- worth's petition until more com- plete plans to develop the area are at hand. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By Richard V, McKay, Secretary Councilman Welu moved that the recommendation of the Plan- Wing & Zoning Commission be ap- p:°oved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. September 9, 1957 To the Honorable Mayor and City Council, Dubuque,. Iowa Gentlemen: In regard to the petition of Fischet• Investment Co, requesting vacation of certain street. The Commission viewed the grounds, talked to Francis O'Connor, Attor- ney for Fischer Co. who stated a change in plans eliminated the need for any part of Sixth Street, Therefore the Planning &Zon- ing Commission recommends Ito Your Honorable Body that the Al- 358 Special Session, September 16,1957 leybetween Block "I" Boobkr's Ad- dition and Black 32 Dubuque Har• bor Improvement Co, and Tower Street from the south line of Sixth Street southerly to the south line of the Alley between Block "I" Boath's Addition and Bloclc 32 Du- buque Harbor Improvement Co, Addition be vacated, This will allow expansion with- in this area and not interfere with circulation of traffic or fire pro- tection. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By R. D. Waller, Acting Chairman Councilman Schueller moved that -the recommenda~~tion of the Planning & Zoning Commission be approved and that proper proceed- ings be prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. September 9, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Harold 0. Specht, 3003 Asbury Street requesting re• zoning of a small area adjacent to his property location was consid• ered, This narrow strip was overlooked at the time the area was Zoned to Local Business A District Classifi- cation and the Planning & Zon• ing Commission recommends that Lot 2 of Lot 1 of Block 3, Hillcrest Heights be zoned to Local Business District A Classification, Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By R. D, Waller, Acting Chairman Councilman Kolb moved that the recommendation of the Planning & Zoning Commission be approved, and proper proceedings be pre- pared. Seconded by Councilman Schueller, Carried by the follow ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. 1Vays-None. September 9, 1957 To the Honorable Mayor and City Council, Dubuque, lowa Gentlemen: The petition of Thomas J. Mul- grew Co, requesting vacation of a portion of Terminal Street has been studied by the Planning & Zoning Commission. An examina- tion of the premises has been made and the proposed plans have been explained by the petitioner. The vacation of this strip of Terminal Street would not further restrict the circulation and move- ment of traffic than now exists due to permanent obstructions that are now in place; the bridge pier and the proposed pumping station. The Commission has consulted with the Dock Commission and they have no objection Therefore the Planning and Zon• ing Commission recommends grant- ing of the petition provided a pro- per certified survey plat is sub- mibted and the proposed size of vacation be verified and rat larger than indicated on the preliminary plan as submitted. Respectfully submitted, DUBUQUE PLANNWG & ZONING COMMISSION By R. D. Waller, Acting Chairman Councilman Welu moved that the recommendation of the Plan• ring & Zoning Commission be ap• proved and that proper proceed- ings be drawn. Seconded by Coun- cilman Kolb. Carried by the fol• lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, We]u. Nays-None, Notice of claim of William Caok of 1005 Victoria Place, in the amount of $62.03, for damage to his property at the time the seweY was constructed in the back of Vic• toria Street last Spring, presented and read. Councilman Schueller move d that the claim be referred to the Solicitor for investigation and re• port, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, I{olb, Schueller, Welu, Nays-None, Special Session, September 16,1957 359 Notice of claim of Miss Mabel Fay of 51T/z W. Locust Street, in the amount of $15.00, for person- al injuiries received as the result of a fall at Angella and West Lo• cult Streets on August 28, 1957, presented and read. Councilman Schueller move d that the claim be referred to the City Soiici~tor fm• investigation and report, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Bove, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Farmers In- surance Exchange of Des Moines, as insurance carrier for Richard Dempsey, in the amount of $18.06, for damage to Dempsey's car •as the result of same being sprayed with tar, in or near a parking lot awned by the City, on July 29, 1957, presented and read. Councilman Kolb moved that the claim be referred to the City Solici- tor for investigation and report, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Aegidius Tig- ges of 1220 Nowata Street, in the amount of $211.08, for damage to a sower located at 2757 Broad• way, said property being owned by him, as the result of tamping a water main by City employees about August 16, 1957, presented and read. Councilman Welu moved that the claim be referred to the City Solicitor for investigation and re• port. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Notice of claim of Wm. Tindell, of 1450 Glen Oak Street, in the amount of $29.90, for damage to his car as .the result of striking a raised sewer grate on Custer Street on September 10, 1957, presented and read. Councilman Welu moved that the claim be referred ~to the City Solicitor for investigation and re- port. Seconded by Councilman Kalb, Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice o£ claim of Edwin Whit- field of 85 Clarke Drive, in the amount of $22.00, for damage to his car as the result of striking a tree limb protruding into the street opposite 567 West Third Street on September 10, 1957, pre• sented and read, Councilman Welu moved that the claim be referred to the City Solicitor for investigation and re• port. Seconded by Councilman Schueller, Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of City S~olici~~tor Nelson, submitting his opinion relative to the petition of Thomas J, Mulgrew Company, requesting deed for pant of Charter Street vacated by Ordinance No. 34ri904, stating that the title remains in the City and has never been conveyed to Thomas J. Mulgrew Company; that the City is probably estopped from requiring the removal of -the structure or objecting to its exist- ence so long as it is used for an ice house; that the plat as submit- ted do not comply with the provi- sions of the Code of Iowa or the Subdivision ordinance of the City, presented and read, Councilman Welu moved that the comrnunica~tion be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Iintzinger, I{olb, Schueller, Welu, Nays-None. September 14, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. - Gentlemen: I have investigated the claim of Mr. Alfred J, Schiltz Jr., 808~i Cot tage Place, for damages claimed to have been sustained on August 24th, 1957, and can find no negli- gence on the part of the City and recommend that the claim be de- nied. Respectfully, T. H. N)aLSON ,`, ~. ~, s"° 360 Special Session, September 16, 1957 Councilman Welu moved that the recommendation of the City Solicitor be ,approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Mulgrew Blacktop, Inc,, requesting a re•extension of thirty days for the completion of City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1 andthirty days far the completion of Ciay of Dubuque 1957 Hot Mix- Hot laid asphaltic concrete Sur- facing Froject No. 1, presented and read. Councilman Welu moved that the extensions be granted upon evidence being furnished by the bonding company agreeing .to -the modification and the corresponding ex~tens~ion of their liability, Sec- onded by Councilman Kolb. Car• Tied by the following vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None. Petition of Schueller & Co., re- questing an extension of time until such a date as the City can supply the motors, plus an allowance of twenty days to make the installa- tion, to complete the construction of Catfish Creek Sanitary Sewer Project Contract No. 1, presented and road. Councilman Welu moved, upon the recommendation of the City 1vlanager, that an extension of sixty days be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Schueller & Co., re- questing asixty-two day extension for the completion of the construc- tion of Catfish Creek Sewer Pro- ject No. 2, presented and read, Councilman Welu moved that the extension be granted. Second• ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. ..Nays-None, Petition of Mrs, James Wuerster of Centralia, requesting the discon• tinuance of Daylight Saving Time before •the end of the month, pre- sented and read, Councilman Welu moved that the petition be received and filed. Seconded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Clarence Steger et al, requesting the installation of a street light at the intersection of Burden Avenue and Strauss Street, presented and read. Councilman Welu moved that the petition be referred to the City NIanagor and Electrical Inspector for investigation and report, Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintinger, Kolb, Schueller, Welu. Nays-None. Petition of Alfred Richard et al, requesting the installation of three street lights at various locations on Princeton Street, presented and read. Councilman Welu moved that .the petition be referred to the City Manager and Electrical Inspector far investigatfon and report. Sac- anded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Cotmcilmen Kintzinger, Kolb, Schueller, Welu.. Nays-None. Petition of Leonard Healey et ux, requesting the rezoning of Lots 305. and 306, excepting the easterly 'ten feet thereof, in Davis Ferri Addition from its present classification of multiple residence to Local Business District A clas- sification, presented and read, Councilman Welu moved that the petition be referred to the Plan- ning & Zoning Commission, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-Mono. Petition of Wayne McDonnell, excavator, in behalf of Joseph Har• dagger to excavate in Julien J)u- buque Drive, which is a ten year street, presented and read. Councilman Welu moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman } Special Session, September 16,1957 361 Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Joseph Frommelt, re• questing a refund of $100 on Class "B" beer permit No. 19, as ho has discontinued business as of Sep• tember 3, 1957, presented and read, Councilman Kolb moved that the pafrtion be granted and the Audi- tor instructed to draw a warrant payable to Joseph Frommelt, in the amount of $100, to cover the unexpired portion of Class "B" beer license No. 19. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Joseph Frommelt, re- questing arefund of $75 on clgar- ette license No, 177, as 'he has discontinued business as of Sep- tember 3, 1957, presented and read. Councilman Kolb moved that the petition be granted and the Audi- tor instructed to draw a warrant payable to Joseph Frotntuelt, in the amowtt of $75 to covex the un- expired portion of cigarette license. No, 177. Seconded by Councilman Schueller, Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Mrs, Margaret Kelly, requesting arefund of $75 on cigarette license No, 39, as she has discontinued business as of September 7, 1957, presented and read. Cotmcilmen Kalb moved that the petition be granted and the Audi- tor instructed to draw a warrant payable to Mrs, Margaret Kelly, in the amount of $75 to cover the unexpired portion of cigarette li- cense No. 39. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Dubuque Baseball, Inc,, requesting a refund of $100 nn Class "B" beer license No. 11, as they 'have discontinued busi- ness as of Auguat 31, 1957, pre• seated and read. Councilman Kalb moved that the petitfcn be granted and ~tlte Audi- tor ins±ructed to draw a warrant payable •to Dubuque Baseball, Inc., in the amount of $100 to cover the unexpired portion of class "B" beer license No. 11, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Koib, Schueller, Welu. Nays-None. Pe~~ti~tion of Andrew Stacltis, re- questing arefund in the amount of $75 on cigarette license No, 206, as he has discontinued busi- ness as of September 9, 1957, pre- seated and read. Councilman Kolb moved that the petition be granted and the Audi- tor instructed to draw a warrant payable to Andrew Stackis, in the ariount of $75 to cover the unex- pired portion of cigarette license No. 206. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RES®LUTIOId NQ. 192.57 Be it Resolved by the City Coun- cil cf the City of Dubuque that the folloting, having complied with the provisions of law relat- ing to the sale of cigarettes with- in the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Wartburg Seminary Snack Bar (effective Oct. 1, 1957), 333 Wart- burg Place. Mrs. Helen Schmit, (effective October 1, 1957), 1713 Central Ave- rue. :John Btu•bach and Daniel Nugent (effective October 1, 1957), 30 Lo- cust Street. Mt. St. Bernard Seminary, Inc., (effective September 1, 1357), Car- ter Road. Be Ik. Further Resolved that the bonds filed with the application be approved. Passed, adopted and approved this 16th day of September, 1957. CHARLES E. DOVE Mayor, CLARENCE P. WELD RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen, Attest: LEO F. FROMMELT City Clerk, 362 Special Session, September 16,1957 Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION N0. 193.57 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following applications be grant- ed and license be issued upon the compliance with the terms of the ordinance of this City. CLASS "B" PERMIT Gerard J. Mersch, 543 Eighth Avenue, CLASS "C" PERMIT Walter W. Knoll, 205 Kaufmann Avenue. Passed, adopted and approved this 16th day of September, 1957. CHARLES E, DOVE Mayor. CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZIIVGER Councilmen. Attest: LEO F, FROMMELT City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0, 194.57 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 ao be oa copied by such applicants have been inspected and found to com- ply with the ordinance of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Manager be and 'he is directed to issue ~~to the following named ap• plicants a Beer Permit. CLASS "B" PERMIT Gerard J. Mersch, 543 Eighth Avenue. CLASS "C" PERMIT Walter W, Knoll, 205 Kaufmann Avenue, Be It Further Resolved -that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 16th day of September, 1957. CHARLES E, DOVE Mayor. CLARENCE P, WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: LEO F, FROMMELT City Clerk, Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Schueller. Car• vied by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION N0. 195.57 Whereas, a petition has been filed with the City Council ask- ing that the citizens of the City be afforded an opportunity to ex• press their preference 'on daylight saving time through a properly supervised and conducted election; and Whereas, :the Junior Chamber of Commerce has offered to pay the expense of such an election; and Whereas, the City Council is of the opinion that it is fitting and proper that such an election be held; Naw Therefore, Be It Resolved By the City Council of the City of Dubuque, Iowa: Section 1, That at the regular municipal election to be held in the City of Dubuque, on November 5th, 1957, there shall be submitted to the qualified electors of said City, Ito be by them voted upon; the proposition of whether day' liglrt saving time should be ob- served annually in the City of Dui buque; Bastion 2, That the City Clerk be and he is hereby authorized and instructed to cause ballots for voting on said proposition to be prepared in substantially the fol- lovaing farm and in such size as will permit the same to be in- serted in each voting machine, (Notice to Voters; For an af- firmative vote an the: question Special Session, September 16,1957 363 submitted, pull down the lever o'clock P,M, to canvass the results above the word "Yes," Fora of said election negative vote pull down the lev Passed, adopted and approved er above the word "No.") this 16th day of September, 1957, Shall the city of Dubuque, CHARLES E, DOVE Iowa, observe daylight saving Mayor, time of one hour per day from CLARENCE P. WELD the last Sunday in April to the RAY F, KOLB last Sunday in September, in LEO N, SCHUELLER each year, beginning with the CHARLES A, KINTZfi1GER last Sunday in April, 1958? Councilmen. YES NO Attest: LEO F, FROMMELT Section 3. That the City Cleric City Clerk. Councilman Welu moved the shall have ballots far absent voters adoption of the resolution. Sao- prepared to be used in voting on onded by Councilman Schueller. the aforesaid proposition, on yel- Carried by the following vote: low colored paper, in substantially Yeas-Mayor Dove, Councilmen the following form: Schueller, Welu. Kintzinger Kolb (Face of Ballot) , , Nays-None. (Notice to Voters: For an af- firmative vote on the following Petition of O'Connor, Thomas, proposition, make a cross (X) ,McDermott & Wright, in behalf of mark in the square after the I Hillcrest Builders Inc., requesting word "Yes," For negative vote an extension from August 1, 1957 make a similar mark in the to November 1, 1957, for the com- squarefollowing the word "No,") pletion of improvements ao be Shall the City of Dubuque, Iowa, made by the Subdivider under observe Daylight Saving Time of Resolution No. 55-56, presented one hour per day from the last ', and read. Sunday in April ,to the last Sun• ' Councilman Schueller moved day in September, in each year, that the request be granted, Sec- beginning with the last Sunday in onded by Councilman Kolb. Car- April,- 1958? ricd by the folowing vote: YES........,,., NO............ Yeas-Mayor Dove, Councilmen (Back of Ballot) Kintzinger, Kolb, Schueller, Welu. Official Ballot far Daylight Sav- September 16, 1957 ing Time Proposition-Regular Mu- City of Dubuque nicipal Election, Dubuque, Iowa. ', City Hall, ..............Voting Precinct, Novem- 'Dubuque, Iowa bar ............. 1957, Re: Hillcrest Builders Inc, Section 4. That the Mayor is I Bond No. 28210 12 497M hereby authorized, empowered and 56 Gentlemen: instructed to issue a proclamation I ' As Attorne -in•Fact for the y and notice of the submission of United States Fidelity and Guar- said proposition ~at said eleoti~on; anty Company, the Bonding Com- Section 5. That ahe City Clerk pony for the captioned band, we is hereby directed to keep an ex- ' hereby agree to an extension for act account of all expenses of completion to November 1, 1957. printing the special ballots pre- This particular bond was to cover pared for the submission of the Street Improvements per Resolu- proposition authorized in this Reso- tion No, 55.56. lotion and the cost of :the official Yours truly, notice and publications in connec- SCHWEITERING & WALLIS tioii therewith and to report said By J. Allen Wallin Jr. cost to the City Council on :the Attorney-in-Fact day following the election, in order Councilman Kolb moved that the that the agreed reimbursement communication be made a matter may be secured; of record. Seconded by Council- Section b, That the City Council man Schueller, Carried by the fol- meet on the next secular day fol- lowing vote: lowing the day of said election, at Yeas-'Mayor Dove,. Councilmen the Council Chamber in the City Kintzinger, I{olb, Schueller, Welu. Hall, wibhin said City, at 7:30 Nays-None, r 384 Special Session, September 16, 1957 September 9, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; Herewith submitted far your cmtsideration is a plat of Block 10, 11, 12 and 13 in Hillcrest IIeights in the City of Dubuque, Iowa, This Subdivision has been ap• poved by the Planning & Zoning Commission, Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By R. D. Waller, Acting Chairman Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote; Yeas-Mayor Bove, Councilmen Kintzinger, Kolb, Schueller, Welu, ATays-None, RESOLU710N N0. 19b-57 Whereas, there has been filed 'with rho City Clerk a plat in which Lat 1 of Lot 1 of Lot 1 of I,oi 1 of Lot 1 of Lot 1 of Lot 1 of Lot A in Hillcrest Park in the City of Dubuque, Iowa, is platted as Block 10, Black il, Block 12, and Block 13 in Hillcrest Park Ad- dition in said City; and Whereas said plat has been ex- amined by the City Planning Com- mission and had its approval en• dorsed thereon; and Whereas, upon said plat appears streets to be known as Carter Road and Hillcrest Road, and also ease- ments far public utilities which the owner upon said plat has dedicated to the public forever; and Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating ~bhere~to and ~ttta~t the grades have not been established or pav- ing installed, and that a portion of the work of grading the streets and installing sewer and water mains has been accomplished, but not fully completed, in accordance with the plans and specifications submitted with the plat and not already far acceptance; Now Therefore, Be It Resolved By the City Council of -the City of Dubuque, Iowa; Section t. That the dedications of Carter Road and Hillcrest Road, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; 5oetion 2. That the ~pla~t of the subdivision of Lat 1 of Lat 1 of Lat 1ofLotlofLotlofLotlofLotl of Lot A in Hillcrest Park in the City of Dubuque, Dubuque Counby, Iowa, which will be hereafter known as Block 10, Block 11, Block 12, and Block 13 in Hillcrest Ad- dition in the City of Dubuque, Du- buque County, Iowa, be and the same is hereby approved and the Mayor and Clerk are hereby au- thorized and directed to endorse the approval of said City upon said plat, provided the owner of said property, HILLCREST BUILD• ERS, INC,, executes its written ac- ceptance, hereto attached, agree- ing: a. To complete the grading of all streets t~o grade, as shown by the profiles submitted with the plat; b, To surface Carter Road for a width of thirty-six feet (36') from curb face to curb face, with eight inch (8") rolled stone base and two and one-half inch (2t/z") hot mixed, hot laid, bitu- minous concrete surfacing and concrete curb and gutter, as shown in City of Dubuque Standard Curb and Gutter Sec- tion; c, To surface Hillcrest Road for a width of thirty feet (30') from curb face to curb face, with six inch (6") rolled stone base and two and one-half inch (2t/z") hot mixed, hot laid, bitu• urinous concrete smfaeing and concrete curb and gutter, as shown in City of Dubuque Standard Curb and Gu'bter Sec- tion; d, To complete installation of sanitary sewers in accordance with plans submitted with the plat; e. To complete the installation of storm sewers in accordance with plans submitted with the plat; f. To complete the installation of water mains in accordance with plans submitted with the plat; Special Session, September 18,1957 365 g, To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, under the inspection of the City Engineer, and in a man- ner approved by the City Man- ager, all a~t the expense ~of said HILLCREST' BUTLDEP~S, INC., except that the City of Du- buque will bear the portion of the cost of the stone base for Carter Road attributable to two inches (2") of stone base for thirty feet (30') in width and eight inches (8") of stone base for six feet 6') in width; b, To maintain the street im- provements for a period of four (4) years from the date of their acceptance and to maintain the storm and sanitary sewers for a period of two (2) years from the date of their acceptance; i, To construct said improvements prior to November 1st, 1958; and further provided that the said Hillcrest Builders, Inc,, as owners of said subdivision secure the per• forntance of the foregoing condi- tions with a surety band in such amount and with such sureties as may be acceptable to the City Manager; Section 3. That in the event the said owners shall fail Ito execute the acceptance and provide the bond required in Section 2 hereof within forty-five (45) days from the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective, Passed, adopted and approved by unanimous roll call vote Sep• tember 16th, 1957. CHARLES E, DOVE Mayor. CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. I{INTZINGER Councilmen. Attest: LEO F. FROMMELT City Clerk, To Leo F. Frommelt, City Clerk: This is Ito certify that the se- curity required by the foregoing Resolution 'No, 196.57, has been provided by the subdivider, Dated at Dubuque, Iowa, this 30th day of September, 1957. L, J, SCHILTZ City Manager Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb, Car- ried by .the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, KoIU, Schueller, Welu, Nays-None. ACCEPTANCE OF RESOLUTION N0, 19bo53 HILLCREST BUILDERS, INC., with full knovrledge and under- standing of all the terms and con- ditions of Resolution No, 196.57, hereby accepts the same as adopted and agrees to abide by, comply with and carry out all of the terms and conditions thereof. Executed this 17th day of Sep• tember, 1957. HILLCREST BUILDERS, INC., By R, L. Rafoth Vice President Richard V, Hansel Secretary (Hillcrest Builders, IncJ (Dubuque, Iowa, ) (Corporate Seal ) September 5, 1957 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: Pursuant to our discussions with your representatives, Harnischfe- ger Cm•poration, of Milwaukee, Wisconsin, hereby offers to pur• chase the 55,56 acre tract of land in Dubuque Industrial Park (as the same appears on the Plan of In- dustrial Park, City of Dubuque, Iowa, dated August 5, 1957, pre• pared for Board of Dock Commis- sioners by Bartels and McMahan) upon the following terms and con• ditions; 1, City will grade the land to a mean elevation of 611,7 feet above sea level (U,S, Engineers datum) at Citq's expense; 2. City will properly prepare and record a plat assigning a de- scriptive lot number to Atha tract and establishing Lake Peosta Boulevard and Shiras Avenue Extension as public streets; 4. City will agree ao reserve a par• eel of land containing twenty acres abutting to the south which it will not sell without first extending to us, or our successors in title, the right to meet the then best goad faith offer for all or part of the same; ', 366 Special Session, September 16, 1957 5. We wlll agree to censtruct on this tract prior to January 1, 1960, a factory building con- taining not less than 250,000 square feet of ground floor area and, in the event we fail to do so, title will revert to the City and the deed shall so pro- vide; fi. The purchase price shall be $2,000,00 per acre or a total of $111,210.00 payable as fol- lows: $10,000.00 upon delivery of the City's deed conveying the above property; $101,120,00 when construction of the factory building is slanted; 7. The City shall reserve ease- ments for sewers and access as the same appear on the plan hereinbefore referred to; 8. We will pay any federal docu- mentary tax attaching to the transaction. In the event you accept this offer it is understood that City will have a reasonable time in which to prepare a plat and abstraot of title and purchaser will have a reasonable time to examine the title. HARNISCHFEGER CORP. By /s/ Herman Merck Vice President in Charge of Manufacturing. Councilman Kalb moved that the communication be made a matter of record, Seconded by Council- man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. September 9, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa, The Dubuque Planning and Zon• ing Commission has examined a Plat of River Front Subdivision No. 3, and has even final approval of same. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By R, D, Waller, Acting Chairman Councilman Welu moved that the communication be received and filed. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Dubuque, Iowa. Sept, 11, 1957. Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The Dock Board has reviewed the offer from Harnischfeger Cor- poration of Milwaukee, Wisconsin, to purchase fifty-five .56 (55,56) acres of land in Dubuque Indus- trial Park, as contained in their letter of September 5th, 1957, There is a plat attached hereto, prepared by the Docli Board En- gineer, platting the Industrial Park, showing the streets therein and the proposed tract and assign- ing the lot numbers. It has been approved by the Dock Board and the Planning and Zoning Commis- sion. We recommend that the plat be approved and the offer of purchase accepted. DOCK BOARD OF CITY OF DUBUQUE, IOWA. By A, Y. McDonald, President. Councilman Welu moved that the communication be received and made a matter of record. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Koib, Schueller, Welu. Nays-None, RESOLUTION N0. 197.57 Whereas the Dock Board of the City of Dubuque has submitted a plat of Block i, Block 2, Block 3, Block 4 and Block 5 in River Front Subdivision Na. 3 in the City of Dubuque, Dubuque County, Towa; and Whereas said plat has been ex- amined by the City Planning Com- mission and had its approval en- dorsed thereon; and Whereas upon said plat appears streets to be known as Kerper Boulevard, Hawthorne Street Ex- tension, Harbor Street, Lake Street and Shiras Avenue Extension, and a waterway to be known as Lake Peosta Channel; and Whereas the Dock Board has recommended that Block 5 in Riv- er Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, as the same appears on said T Special Session, September 16, 1957 367 plat, be sold to Harnischfeger Cor- poration of Milwaukee, Wisconsin, upon the terms and conditions of the letter of September 5th, 1957, addressed to the City Council by Harnischfeger Corporations and Whereas the City Council is of the opinion that said plat should be approved; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That Kerper Boule- vard, Hawthorne Street Extension, Harbor Street, Lake Street and Shiras Avenue Extension, as the same appear upon said plat, be and the same are hereby estab- lished as public streets; Section 2. That Lake Peosta Channel, as the same appears on said plat be and the same is here- by established as a public water- way of the City of Dubuque; Section 3. That said plat be and the samo is hereby approved and the Mayor and City Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque thereon; Section 4. That the proposal to sell Block 5 of River Front Subdi- vision No. 3 in the City of Du• buque, Dubuque County, Iowa, as the same appears on said plat to Harnischfeger Corporation of Mil- waukee, Wisconsin, under the terms and conditions set forth in the letter to the City Council of September 5th, 1957, be and the same is set down for hearing at the City Council Chambers at the City Hall in the City of Dubuque, Iowa, on October 7th, 1957, at 7:30 o'clock P.M., and that the City Clerk be and he is hereby author ized and directed to give notice of such hearing by publication in the Telegraph Herald once each week for two consecutive weeks, the last of which publications shall be not less than ten (10) days prior to October 7th, 1957, Fassed, adapted and approved this 16th day of September, 1957, CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N, SCHUELLER CHARLES A. KINTZiNGER Councilmen Attests LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None, Councilman Kolb moved that the rains be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzingor, Kolb, Schueller, Welu, Nays-None, Mayor Dove stated that it is quite noteworthy that a street in the River Front Subdivision No, 3 be called Kerper Boulevard. It certainly is the least that could be done to honor the memory of Sohn Kerper for his untiring ef- forts in behalf of river transpor- tation and development, over the years of his earthly existence. It is therefore very fitting that a street in the Industrial Park, lo- cated along the river, be named Kerper Boulevard. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. LEO F. FROMMELT City Clerk Approved ................................1958. Adopted ................................1958. Councilmen : .................................... Attest; _ __ ___ _. ..... City Clerk 368 Special Session, September 20,1957 ~ i ~ I (i , ~~ ~ OFFICIAL Special Session, September 20, 1957. Council met at 7:30 P•NI. Day- light Saving Time. Present-Mayor Dove, Council- men Ifintzinger, Kolb, Schueller, Welu, City Manager Schiltz. Mayor Dove road the call and stated that service thereof had been duly made and bhat this meeting is called for the purpose of adopting a Resolution to fix a date for the initiation of proceed- ings for the issuance of $1,550,000 Sewer Revenue Bonds of the City of Dubuque, Iowa and. also adopt- ing a resolution providing for the Advertisement of $1,350,000 Server F.evenue Bonds and acting on any other business as may properly come before a regular meeting mf the City Council. RESOLUTION N0. 198.57 Resolution to fix a date for the initiation o~ proceedings for the issuance of $1,550,000 Sewer Rove- nue Bonds of the City of Dubuque, Iowa. Whereas in order to adequately provide for the collection, treat- ment, purification and disposal in a sanitary manner of waste and se~~~•age in the City of Dubuque, Dubuque County, Iowa, it is nec- essary and desirable that said City construct sewage works and facili- ties consisting generally of a sew- age pumping station and appurte- nances, force main and terminal street sewer, and a new sewage treatment plant including screen chamber, primary tanks, sludge storage tank, control building, sludge dewatering equipment, pneumatic lime conveying sys- tem, and appurtenances; and Whereas the 'east of said sew- age works and facilities is esti- mated to be $1,875,000 and to pay such cost, to the amount of $1,550; 000, it is necessary that said City currently issue its revenue bonds as authorized and permitted by Chapter 394 of the Code of Iowa, 1954, with the right reserved to the City to issue additional bands from time to time under reason- able restrictions and conditions ranking on a parity therewith; and Whereas before proceedings are initiated for the issuance of said bonds it is necessary to fix a date of meeting of this Council at which it is proposed to take such artion and to. give notice thereof as required by Chapter 23 of the Code of Iowa Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Seefion 1. That this Council meet on the 17th day of October, 1957, at the Council Chambor in the City Hall, Dubuque, Iowa, at 7;30 o'clook P.M,, at which time and place proceedings will be in- stituted and action taken for the issuance of Sewer Revenue Bonds of said City in the principal amount of $1,550,000 for the pur- pose of paying the cost, to. that amount, of constructing sewage works and facilities necessary for the collection, treatment, purifica- tion and disposal in a sanitary mamrer of waste and sewage in said City, as referred to in the ureamble hereof. Section 2, That the City Clerk is hereby directed to give notice to the proposed action for the is- suance of said hands, setting forth the amount and purpose thereof, the time when and the place where said meeting will be held, by pub- fication at least once nat less than ten (10) days before said meeting, in the "Telegraph-Herald," a news- paper printed, published and hav- ing ageneral circulation within said City of Dubuque, Iowa. Said notice shall be in substantially the following form: hlaPice of Beefing For Issuance at Sewer Revenue Sends Tho City Council of the City of Dubuque, Iowa, will meet on the 17th day of October, 1957,. at the Council Chamber, in the City Hall; Dubuque, Iowa, at 7:30 o'clock P,M,, at which time and place pro• ceedings will be instituted and ac- tion taken for the issuance of Sew- er Revenue Bonds of said City in the prinoipal amount of $1,550,000 for the purpose of paying the cost, to that amount, of constructing sewage works and facilities nec- essary for the collection, treat- ment, purification and disposal Speeinl Session, September 20,1957 389 in a sanitary manner of waste and sewage in said City. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation but said bonds, together with any additional bonds as may be hereafter issued and outstanding from time to time ranking on a parity therewith, will be payable solely and only from the net earnings of the municipal sewage works and facilities of said City. At any time before the date of said meeting five or more tax- payers may file a petition in the office of the City Clerk setting forth their objections thereto, By order of the City Caun~il of the City of Dubuque, Iowa, this 20th day of September, 1957. LEO F. FROMMELT City Clerk Section 3. That alt resolutions or parts thereof in conflict here- with be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage end approval. Passed and approved September 20th, 1957• CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F, FROMMELT City Clerk Recorded September 21st, 1957. LEO F. FROMMELT City Clerk .Councilman Clarence P. Welu moved the adoption of the resolu• tion. Seconded by Councilman Leo N. Schueller. After due considera- tion the Mayer put the question and the rail being called, the fol- lowing voted; Yeas-Mayor Charles E. Dove, Councilmen Charles A• Kintzinger, Ray F, Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None. Whereupon the Mayor declared said resolution duly adopted. RESOLUTION N0. 199.51 Resolution providing for the ad• vertisement of $1,350,000 Sewer Revenue Bands. Whereas proceedings are now in prccess for the issuance by the City of Dubuque, Iowa, of $1,550,- 000 Sewer Revenue Bonds; and Whereas it is deemed necessary and advisable that said bonds to the amount of $1,350,000 be ad- vertised for solo at this time; Now, Therefore, Be It and It Is Hereby Resolved by the City Coun- cil of the City of Dubuque, Iowa, as follows: Sec#ion 1. That Sewer Revenue Bonds of said City in the amount of $1,350,000, to be dated Novem• ber 1, 1957, maturing serially and in numerical order on November 1 of the respective years as fol- lows: Year Amount Year Amount 1958 $30,000 1970 $70,000 1959 30,000 1971 70,000 1960 30,000 1972 70,000 1961 30,000 1973 80,000 1962 30,000 1974 80,000 1963 40,000 1975 80,000 1964 40,000 1976 90,000 1965 50,000 1977 90,000 1966 50,000 1978. 100,004 1967 50,000 1979 100,000 1968 60,000 1980 20,000 1969 60,000 but with the right reserved to the City to call and redeem the bonds maturing in the years 1970 to 1980, inclusive, prior to maturity in whale, or from time to time in part in inverse numerical order, en November 1,1969, or on any in- terest payment date thereafter, on terms of par and accrued interest, he advertised for sale and bids be requested foe action upon by this City Council at its meeting to be held at tL-e Council Chamber in the City Hall at 7:30 o'clock P. M. on October 17th, 1957, and that the City Clerk be and he is hereby authorized and directed to publish notice of such sale once each week for at least two consecutive weeks in the "Telegraph Herald," a news- paper published and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose, Said City Clerk is hereby ftirther authorized to l,repare and distribute such fur- ther statements as appear desir- able in order to give wide pub- licity to such sale, 376 Specia( Session, September 20,1957 Section 2, That all prior resolu• tions or orders in so far as same may be in conflict herewith be and the same are hereby repealed, and that this resolution shall be effective forthwith upon its pas- sage and approval. Passed and approved September 20th, 1957. CHARLES E. DOVE, Mayor CLARENCE P, WELU RAY F, KOLB LEO N.SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Recorded September 21st, 1957, LEO P, FROMMELT City Clerlt NOTICE OF SALE OF SEWER REVENUE BONDS DUBUQUE, IOWA Sealed bids will be received un- til 7:30 o'clock P,M,, October 17th, 1957,. at the office of the City Clerk; in the City Hall; Dubuque, Iowa, for the purchase of Sewer Revenue Bonds of said City of Du- baque, Iowa, in the principal amount of $1,350,D00, which bids will be referred to the City Coun- cil of said City at its meeting to beheld on the above date at 7:30 o'clock P,M., at the Council Cham- ber in the City Hall in said City, and after the 'receipt and the con- sideration of open bids the bonds will be sold to ,the highest bidder for cash. Said bonds will be dated Novem• ber 1, 1957, bear interest payable May 1, 1958, and semiannually thereafter, and will mature serially and in numerical order on Novem- bar 1 of the respective years as follows: Vaar AmounP Year AmaunP 1958 $30,000 1970 $70,000 1959 30,000 1971 70,000 1960 30,000 1972 70,000 1961 30,000 1973 80,000 1962 30,000 1974 80,000 1963 40,000 1975 80,000 1964 40,000 1976 90,000 1965 50,000 1977 90,000 1966 50,000 1978 100,000 1967. 50,000 1979 .100,000 1968 60,000 1980 20,000 1969 60,000. but the right is reserved to the City to call and redeom the bonds maturing in the years 1970 to 1980, inclusive; prior to maturity in whole, or from time to time in part in inverse numerical order, on November 1, 1969, or on any interest payment date thereafter, an terms of par and accrued in- terest. Both principal and interest will be payable at the office of the City Treasurer, Dubuque, Iowa. Bidders must specify a single cou- pon interest rate for the bonds, but no award will be made on any. bid of less than par and accrued interest. All other things being equal preference will be given to the bid of par and accrued interest or better which specifies the low- est coupon interest rate, These bonds are being issued for the purpose of paying a part of the cost of constructing sewage works and' facilities necessary for the collection, treatment, purifi- cation and disposal in a sanitary manner of waste and sewage in said City and will not constitute general obligations of said City nor will they be payable in any manner by taxation, but those bonds, together with any addi- tional bonds as may be hereafter issued and outstanding from time to time urnd'er reasonable condi- tions and restrictions ranking on a parity therewith, will be payable solely and only from the net earn- ings of the municipal sewage works and facilities of said City. The City will furnish the approv- ing opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, II- linois, the purchaser to furnish the printed bonds; and all bids should be sa conditioned. A certified check on a state or national bank for two per cent (2%) of the amount of the bonds must be fur• niched by bidders as a guarantee of good faith, this amount to, be forfeited to the City by bhe sue- cessful bid~d'er upon failure to take up and pay for the bonds when ready, The right is reserved to reject any or all bids. By order of the City Counci'l' LEO F, FROMMELT City Clerk Councilman Clarence P. Welu moved the adoption of the resolu- tion. Seconded by Councilman Leo N. Schueller, After due considera• tion the Mayor put the question on r Special Session, September 20,1957 371 the motion and the roll being called, the following named Ceun- cilmen voted; Yeas-Mayor Charles E. Dove, Councilmen Charles A. Kintzinger, Ray F, Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None. Whereupon the Mayor declared said resolution ~d~uly adopted. September 6, 1957 The Honorable Charles Dove Mayor's Office Dubuque, Iowa My dear Mayor Dove; The Faculty of Clarke College ,joins me in congratulating you on arrangements for the Harnischfe- ger Corporation to build a $10,000,- 000 plant in Dubuque, Your efforts to attract industry to our city, to find employment for our citizens, to extend the service and clientele of our schools adds much to the prestige of our City, and merits our admiration and re- spect, Be assured that Clarke College heartily endorses such enterprise, and is proud to share in the rec- ognition it brings tc the City. Most sincerely yours, Sister Mary Benedict, B.V.M. President, Councilman Welu moved that the communication be made a matter of record'. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. September 19, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Police Judge R. N. Russo has requested permission to attend the Traffic School at Northwestern University, October 14th to Octo- ber 18th. I recommend that permission be granted and the expense be paid by the City. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Kolb moved that the recommendation of the City blan- ager be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 55.57 An Ordinance Vacating and au- thorizing conveyance of a certain describod' portion of Terminal street, designated as Lot A of Block 16, Dubuque Harbor Com- pany Addition, to Thomas J, Mul- grew Cmnpany, presented and read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Kalb. Carried by the following vote: .Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas--Mayor Dove, Councilmen Kintzinger, Ke~ib, Schueller; Welu. Nays-None. Councilman Welu moved that a public hearing be held on the Ordinance on October 7, 1967, at 7;30 P,M. in the Council Chamber and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Kolb, Carried by bhe following vote: Yeas-Maym~ Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Fetition of Navy Mothers Club, requesting permission to hold their annual Tag Day on Saturday, Oc- tober 26, 1957, presented and read', Councilman Kolb moved that the petition be granted providing there are no conflicting dates. Sec- onded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman 372 Special Session, September 20,1957 ~ Regular Session, October 7, 1957 373 Welu. Carried by the following vote; ~ ~a~°1~;' ;~r„~ ~~~~~,' 1~ ~ ~ ~ ~•, ~ '~ i { ~t was submitted to you previously far additional instructions and pro- ~ ~ . ,~ '~ a ' ~ ~ Yeas-Mayor Dove, Councilmen - ~- cedures• Kintzinger, Kolb, Schueller, Welu, (Official) Very truly yours, ilTays-None. Regular Session October 7 1957. P.J. HOUSER, Director LEO F. FROMMELT , , Division of Public Health City Clerk Council met at 7:30 P,M. Engineering Present-Councilmen Kintzinger, Councilman Kolb moved that the Kolb, Schueller, Welu. communication be received and Approved 1958. Absent-Mayor Dove, City Man• made a matter of record. Second- ...................•.,........., ager Schiltz, ed by Councilman Kintzinger. Car- Meeting called by Councilmen ried by the following vote: Ado led 1958. p •"'~'•"••'•"""•""'•""" Kintzinger, Kolb, Schueller, Welu, Yeas -Presiding Officer Pro Councilman Kintzinger moved Tem Welu, Councilmen Kintzin er, g that Councilman Welu be appoint- Kolb, Schueller, , ,,, ,,,, ,,,• , ed Presiding Officer Pro Tem of Nays-None. ,,, ,, , ,,,,,,,,,,,, the meeting. Seconded by Coun- Absent-Mayor Dove. Gilman Schueller• Carried by the IOWA STATE DEPARTMENT ..•..,,••.,,,....,.•.,.,.•..,.,..... following vote: OF HEALTH Yeas -Councilmen Kintzinger, Councilmen; Kolb, Schueller. ,apt. 24 1957 Councilman Welu not voting, NIr• Leo F, Frommelt Absent-Mayor Dove, City Clerk •••••••••• ••••••••••~•••••••••~•••• Presiding Officer Pro Tem Welu Dubuque Iowa. permit No. 57.150-5 read the call and stated that this Lift Station and Force Main is the regular meeting of the City Sewage Treatment Facilities Council or the purpose of acting , upon such business as may proper- Attention of Hon. Mayor and Attesi; .......__._ ............... ly come before the meeting. Council City Clerk Gentlemen: IOWA STATE DEPARTMENT 1n accordance with the provi- OF FBEALTH sions of Section 13b.26 of the Iowa Stream and Lake Pollution Law, September 20, 1957. this permit is issued for the project Mr. Leo F. Frommelt cited above for which plans and City Clerk specifications have been received Dubuque, Iowa in this office. This permit is is- Re: Dubuque, Iowa sued subject to the following con- .. Sewage Treatment Plant ditions and requirements: Project No. Iowa•23 1. This Department has no previ- A~ttention of Hon. Mayor and ous experience with the coil Council spring type vacuum filter and Gentlemen; in the event this equipment does not produce the desired We are pleased to notify you results, conventional digestion that the above-referenced project facilities will be required, appears to be in conformity with 2. If the desposition of uncovered state requirements and we are cer- sludge cake at the plant site tifying its priority for a construe- creates a public health hazard lion grant under the Water Pollu- or nuisance condition, some ath- tion Control Act on the basis of er means of disposal of the water pollution control and finan- sludge cake will be required cial needs. The Project must be subect to the approval of this reviewed by the Public Health Ser- Department, vice to determine if it meets the 3. The area to be used for the ci°iteria of Federal aid before a disposal of the uncovered grant is offered. sludge cake will be enclosed ` It is our understanding that the with a type of fence that will Public Health Service review may prevent trespassing, take several weeks, and if the pro- 4. Additional sludge cohveying ca- ject meets Federal requirements, paci~ty will be provided in the an Offer and Acceptance Form will event the specififed equipment be submitted to you. Please refer does not provide adequate ca• to "Guide for Applicants" which parity.