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1957 October Council Proceedings 372 Special Session, September 20,1957 ~ Regular Session , October 7, 1957 373 Welu. Carried by the fallowing ~~~~~'~' "~f~~"~ jf1~~ E + ~ ,~ was submitted to you previously vote: Yeas-Mayor Dove, Councilmen ~ + '~ t~,~ ~, ~ G ~ ~"3 ` `~ ° - ~ s ~; i~ for additional instructions and pro- cedures. I{inizinger, Kolb, Schueller, Welu. (Official) Very truly yours ATays~-None. LEO F FROMMELT Regular Session, October 7, 1957. P•J. HOUSER, Director . City Clerk Council met at 7;30 P.M. Division of Public Health Engineering Present-Councilmen Kintzinger, Kolb, Schueller Welu. Councilman Kolb moved that the Approved ..•••••,•...•.••...•........•..•1958• , Absent-Mayor Dave, City Man- communication be received and made a matter of record. Second- ager Schiltz• ed by Councilman Kintzinger. Car• Meeting called by Councilmen ried by the following vote: Adopted .....................•.....•....1958. Kintzinger, Kolb, Schueller, Welu• Yeas -Presiding Officer Pro Councilman Kintzinger moved Tem Welu, Councilmen I{intzinger, that Councilman Welu be appoint- Kolb, Schueller. ed Presiding Officer Pro Tem of Nays-None, the meeting. Seconded by Coun- Absent-Mayor Dove. ' oilman Schueller, Carried by the ... ••••••~•••••••••••••••••••••••••• ~ following vote: iDWA STATE DEPARTMENT ' Yeas -Councilmen Kintzinger, OF HEALTH L"ouncilmen: •...•.......••••.•..•.•••.•••....•.. I{olb, Schueller. Sept, 24, 1957 Councilman Welu not voting, Mr• Leo F, Frornmelt Absent-Mayor Dove• City Clerk ••°•••°•°°°•°•°°°°°•°•° ! Presiding Officer Pro Tem Welu Dubuque, Iowa, read the call and stated that this Permit No. 57.150•S is the regular meeting of the Cit Lift Station and Farce Main Council for the purpose of acting Sewage Treatment Facilities Attest: upon such business as may proper- Attention of Hon. Mayor and _....... .. .• ............. City Clerk ly come before the meeting, Council Gentlemen: 1OlNA STATE DEPARTMENT ~ accordance with the provi• OF HEALTH lions of Section 135.26 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• Attention of Hon. Mayor and ous experience with the coil Council spring type vacuum filter and Gentlemen; in the event this equipment V1e are pleased to notify you • does not produce the desired results, conventional digestion that the above•referenced ro ect p ~ • appears to be in conformity with facilities will be required, ! state requirements and we are cer• 2, If the desposition of uncovered tifying its priority for a construe, sludge cake at the plant site tion grant under the Water Pollu- creates a public health hazard tion Control Act on the basis of or nuisance condition, some oth- water pollution control and finan- er means of disposal of the sludge cake will be required cial needs. The Project must be reviewed by the Public Health Ser- subect ho the approval of this' vice to determine if it meets the Department, 3, The area Ito be used for the criteria of Federal aid before a grant is offered disposal of the uncovered , It is our understanding that the sludge cake will be enclosed with a type of fence that will Public Health Service review may prevent trespassing. ~, take several weeks, and if the pro, 4. Additional sludge conveying ca• ject meets Federal requirements, an Offer and Acceptance Form ill paci~ty will be provided in the w be submitted to you. Please refer event the specififed equipment does not provide adequate ca• to "Guide for Applicants" which pacity ~, I_ „~ ~. 374 Regular Session, October 7, 1957 5. A set of "as-built" plans will be forwarded to this office, show- ing the plan revisions as set forth in two letters, dated Sep- tember 12 and 18, 1957, from your consulting engineer to this Department, The issuance of this permit in no way relieves the responsibility for complying with all local, fed- eral, and state laws, ordinances, regulations, or other requirements applying to this project. We are retaining two sets of the approved plans •and specifica- tions for our files and forwarding two sets Ito the Public Health Ser- vice as part of the documents to accompany the Applications for Federal Grant for Sewage Works. Inasmuch as this letter consti- tutes ~an official permit, it should be retained in your files. For the Commissioner. Vary truly yours, P. J. HOUSER, Director Division of Public Health Engineering Councilman Kolb movedthat the communication be received and made a matter of record. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. September 30, 1957. The Honorable Mayor and City Council of the City of Dubuque, City Hall, Dubuque, Iowa. Gentlemen: The undersigned, Thomas J. Mul• grew Co, respectfully offers the sum of Seven Hundred Fifty Dol• Lars ($750,00) for a deed to the following described real property: Lot 2 of Block 16A in the Du- buque Harbor Company Addition to the City of Dubuque, Iowa. Request is made in order to clear up a purported cloud in the cam- pony's title in said real property. Respectfuly submitted, THOMAS J. MULGREW CO. By Clewell, Cooney & Fuerste Its Attorneys Councilman Schueller moved that a hearing on the offer be held on November 4, 1957 and hhe communication referred to the City Solicitor to have proper proceed- ings drawn, Seconded by Council- man Kolb, Carried by the follow ing vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove, Communication of Philip H. Ma- son of the First National Bank of St, Paul, expressing appreciation for courtesies shown their Port Authority and Mayor on their re• cent trip to Dubuque viewing the Industrial Park and River Develop- ment, presented and read, Councilman Kolb moved that the communiea~tion be received and filed. Seconded by Councilman Kintzinger, Carried by the follow ing vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove, Communication of American Municipal Association, extending to the officials of the City an in• vi~tation to attend the 34th annual American Municipal Congress to be held in San Francisco Decem• ter 1.4, 1957, presented and read. Councilman Kolb moved that the communication be referred to the City Council. Seconded by Coun• Gilman Kintzinger. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. October 2, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; A letter has been received ask- ing that we investigate the need of a street light at Washington and Liebe Streets. Upon investigation it was found that this area is used quite exten- sively by heavy trucks and it is also the site of industrial opera- tions. Iwould recommend that a street light be installed at the in- tersection of Washington and Liebe Streets. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Kolb moved that the recommendation of the Ctty Mom 3 Regular Session, October 7, 1957 375 ager be approved, Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. October 2, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Clarence Steger and others requesting the installa- tion of a street light at the inter- section of Burden Avenue and Strauss Street was referred to the City Manager and Electrical In- spector far investigation and re- port. Upon investigating conditions at the intersection of Strauss Street and Burden, and also Link Street and Burden, it was determined that 'the present street light at the alley just north of Link Street on Burden should be moved to the intersection of Link and Strauss Streets and another street light placed at Burden Avenue and. Strauss Street. I recommend that the City Coun- cil authorize these installations. Respectfully submitted, L. J. SCHILTZ City Manager Presiding officer Pro Tem Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Kalb. Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. October 4, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of the residents of Devon Drive asking for street light- ing for Devon Drive and Cam- bridge Court was referred to the City Manager and Electrical In• spector for investigation and re• port. A meeting was held at the City Hall where all the residents of Devon Drive and Cambridge Court were invited to attend, in order that we could discuss the type of street lighting that they desired. As a result of this meeting those present voted to mequest the City to install boulevard type standards and that all wire be placed under ground, The total cost of hhe pro- ject to be financed by special as- sessment against the benefited property. I recommend that the Gity Coun- cil direct that a plat and schedule be prepared for this project, Respectfully submitted,. L. J, SCHILTZ City Manager Councilman Schueller moved that .the recommendation of the City Manager be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove.. Octo~er'4, 1957 To the Honorable .Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Alfred H. Rich- ard and others requesting street lights on Princeton Place was re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. At the present time Princeton Place is practically built up with homes on every lot and there is no street lighting on this street. I recommend that a street light be installed at •the intersection of Mineral and Princeton Place and also four lights to be installed on Princeton Place. All of these lights to be installed under the direction of the City Electrical In- spector. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Schueller moved that the recommendation be re• ferred back to the Manager for further consideration. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent Mayor Dove. 376 Regular Session, October 7, 1957 October 4, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The parking lots on 4th and Iowa Streets and the one between 8th and 9th Street half way up the hill are not being used to any great extent. This evidently is caused be- cause there is sufficient space on the streets for parking, The purpose of off street parking is 'to provide a space for long time parking and relieve the conditions on the streets, I therefore feel that an effort should be made to attract parking to these two lots. I recommend that the charge for parking at these two locations be five cents for each two hours, Respectfully submitted, L. J. SCHILTZ City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved and proper proceedings be prepared, Seconded by Councilman Kolb. Car• ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Mayor Dove. October 3, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen, I am attaching hereto an agree- ment between the National Dis- tillers and Chemical Corporation and the City of Dubuque author- izing the City to extend the side- track for the Sewage Treatment Plant. This siding is pretsently run- ning through property owned by the National Distillers and it is necessuy for it Ito be extended so that unloading facilities can be provided for the 'treatment plant, I recommend that the Mayor and Clerk be authorized to sign this agreement. Respectfully submi~~tted, L. J. SCHILTZ City Manager Councilman Schueller moved that .the recommendation of the City Manager be approved, Seo- onded by Councilman Kolb. Car• ried by the following vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Mayor Dove. October 7, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is ~to advise that I have approved the following bonds and policies and desire Ito have your approval on same for filing, sub- ject to the approval of the City Solicitor: SIDEWALK Herb Dilworth, Ohio Casualty Insurance Company, Alvin B. Bass, Western Surety Company, HEATING Joe J, Reuter d/'b/a -Reuter Sheet Metal Works, American Sure- ty Company of New York. Sears Roebuck & Company, Standard Accident Insurance Com- pany, Louis Knoernschild d/b/a-Ideal Plumbing & Heating Company, Western Surety Company EXCAVATION A. J. Fischer, United States Fi• delity and Guaranty Company.. Louis Buechel, United States Fi• delity and Guaranty Company, Respectfuly submitted, L. J. SCHILTZ City Manager Councilman Kolb moved that the bonds and policies be filed sub- jeet to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by .the follow- ing vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove, Proof of Publication, certified to by the Publisher, of Public No- ~tice that the Final Schedule of Assessments set forth in the con- struction of the 1957 Water Main Project No. 1 in: Indiana Avenue from the east property line of Alpha Avenue to the west property line of Missouri Avenue. T Regular Session, October 7, 1957 377 Montana Street from the south property line of Wilbricht Road to the north property line of Mer- fell Road. Pennsylvania Avenue from the east property line of Earl Drive, west to the City limits line. Wilbricht Road from the south property line of Asbury Road to the east property line of Sylvester Place has been confirmed, adopted and levied, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dave. Proof of Publication, certified to by the Publisher of Statement of .Receipts and a list of claims for which warrants were dravm during the month of August, 1957, presented and read, Councilman Kolb moved that the proof of publication be received and filed, Seconded by Council- man Kintzinger, Carried by. the fallowing vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove. October 3, 1957 To the Hon, Mayor and Members o£ the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provi- sion of the 1954 Code of Iowa, the Civil Service Commission con- ducted entrance examinations on October 3, 1957, for those seeking positions as Public Health Nurse. The following are the names of those who passed the examination with an average of 70% or better: Mrs. Jane Smith, 72 4/5%, Respectfully submitted, LOUIS J, LAGEN Chairman JOSEPH A; CAREW E. B. LYONS Members Civil Service Commission, Attest: LEO F, FROMMELT, Clerk. Subscribed and sworn to, before me, a Notary Public, this 5th day of .October, 1957, (Notarial Seal) JOHN J. DOLAN Notary Public. Councilman Kolb moved that the communication be received and made a matter of record. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Mayor Dove. October 1, 1957 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Mrs. Mable Fay, 5171/z West Lo- cust Street for injuries sustained at the intersection of Angella and West Locust Streets August 28, 1957 and find that the defect existed as claimed. I recommend that Mrs. Fay's olaim be allowed in the amount of fifteen dollars and that the City Auditor be instructed ~to issue a warrant in the amount of Fifteen Dollars payable to Mable Fay and deliver the same upon receipt of a properly executed release. Sincerely, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant, payable to Mable Fay, in the amount of $15.00, and deliver the same upon receipt of a properly executed release. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. September 3Q 1957. Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; I have investigated the claim of Mr, Edwin Whitfield, 851, Clarke Drive, for damages sustained Sep- tember 10, 1957 and find that the damage has been sustained as claimed. I recommend that the T 378 Regular Session, October 7; 1957 claim be allowed in the sum of $22,00 and that the City Auditor be instructed to issue a warrant payable to Edwin Whitfield in .the amount of $22.00 and deliver the same to him upon receipt of a properly executed release, Sincerely, T, H, NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant, payable to Edwin Whitfield, in the amount of $22.00, and de- liver the same upon receipt of a properly executed release. Second- ed by Councilman Kolb. Carried by the following vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove. October 1, 1957. Han. Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen; I have investigated the claim of f,~tr. Ronald Dunbar, 1100~Z River- view, for damages to his car, claimed to haws been sustained July 17th on Riverview Street, .and can find no negligence on the part of the City, and recommend that the claim be denied. Sincerely, T, H. NELSON, Councilman Kintzinger moved that the recommendation of the City Solicitor be approved, Seo- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller, Nays-None, Absent-Mayor Dove, October 1, 1957. Hon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: I have investigated the claim of Mr. William Tindell, 1450 Glen Oak, for damages claimed to have been sustained in striking a catch basin on Custer Street September 10, 1957 and find that the catch basin is a structure properly cen- structed within the curb line on Custer Street, extending approxi- Regular Session, October 7, 1957 379 mately six inches above the sur- Proof of Publication, certified Section 2. This Ordinance shall be face of the ground, to by the Publisher, of notice of in full force and effect from and after its final passage, adoption and publi- Although there is no curb on public hearing on Ordinance No. cation as by law provided. Custer Street the catch basin has 51-57, An Ordinance Amending Or- r967troduced the ara day of September been placed in the only suitable dinance No. 3-34, known as the Rule requiring reading on three location and in the only suitable Zoning Map and Zoning Ordinance separate days suspended by unani- manner to provide for integration of the City of Dubuque so as to mous vote the 3rd day of September, 1x57. with the curb, which, Iunder- Classify Lots 1 to 8 inclusive of J. Passed by recorded roll-call vote, stand, i~t is ro osed to install in P I? F. Kleinschmidts subdivision in adopted and approved this 7th say of October 1957, the coming year.' the City of Dubuque as Two Fam- Clarence P, welu This structure having been erect- ily Residence District, presented RaY~Fn K ibioer Pro Tem ed in accordance with the recom- and read, No written objections Leo N, Schueller mendations of a competent engi- were flied and no objectors were counc i en xintzinger neer, I can find no negligence on present in the Council Chamber at Attest: Leo F. Frommelt the part of the City, and recom- the time set for public hearing. Publish a offie any in tae Tele- mend that she claim be denied. Councilman Kolb movers that the graph-Herald newspaper this 11th day Sincerely, proof of publication be received of October 1x57. T, H, NELSON and filed, Seconded by Coulicil- Leo F, Frommelt city clerk Councilman Kintzinger moved man Schueller, Carried by the 1t 10/11 that the recommendation of the following vote: Yeas-Presiding Officer Pro Councilman Kolb moved the City Solicitor be approved. Sec- Councilmen Kintzinger Tem Welu adoption of the Ordinance. Sec- onded by Councilman Kolb, Car- , , Kolb Schueller, onded by Councilman Kintzinger. ried by the following vote: , Nays-None. Carried by the fallowing vote: Yeas -Presiding Officer Pro Absent-Mayor Dove. Yeas -Presiding Officer Pro Tem Welu, Councilman Kintzinger, Tem Welu, Councilmen Kintzinger, Kolb, Schueller. ORDINANCE N0. 51.51 Kolb, Schueller, Nays-None, An Ordinance Amending Ordi- Nays-None. Absent-Mayor Dove. nonce No. 3.34, known as the Zon- Absent-Mayor Dove. Notice of claim of Freeport In- ing Map and Zoning Ordinance of proof of publication certified to surance Company in the amount the City of Dubuque so as to clas- sify the herein described property , by the Publisher, of notice of pub- of $22.00, for damage to the car of as Two Family Residence Dis- lie hearing on Ordinance No, 52.57, Erie F. Butzlaff who happens to said Ordinance having been tract An Ordinance Amending Ordi- be their insured, as bhe result of , introduced and read September 3 nonce No, 3.34, known as the the car being sprayed with cement , presented for final adoption. 1957 Zoning Map and Zoning Ordinance and tar in the repair of a street, , of the City of Dubuque so as to presented and read. Councilman ORDINANCE No. 51-57 classify Lot 3 of Fractional Gov- Schueller moved that the claim An Ordinance Amending Ordinance No. s-sa, Known as the Zoning Map ernment Lot 1, Twp, 88, N.R. 3E be referred to the Cft Solicitor for Y and Zoning Ordinance of the City of aS HeaVy Industrial D15tTlet, investigation and report, Second- Dubuque so as to Classify the herein .presented and read. No written ed by Councilman Kolb. Carried described property as Two Family Residence oistrwt, objections were filed and there by the following vote; whereas the Planning and Zoning were no objectors present in the Yeas-Presiding Officer Pro mending~othea rezoning rfrom rSingle Council Chamber at bhe time set Tem Welu, Councilmen Kintzinger, Family Residence District Classifica- far the public hearing. Councilman Ko'1b, Schueller, ties to Two Pamily Reaiaence Dis- tract, the hereinafter described prop- Kintzinger moved that the proof of Nays-None. erty; and publication be received and filed. Absent-Mayor Dave. whereas a public nearing on the question of such proposed rezoning Seconded by Councilman Kolb. Notice of claim of John L Gru- was held on the 7th day of October Carried by the following vote; . etzmacher of 87S Yale Court, in xaii in trie C'tyoofPDubuqueh Iowta Yeas -Presiding Officer. Pro the amount of $36.00 for damage pursuant to sue ana legal notice, and Tem Welu, Councilmen Kintzinger, , t0 his CSr a5 the reSUlt Of 5triklrig all parties in interest and all citizens were given an opportunity to be heard I{olb, Schueller, a protruding manhole in Montana at sofa nearing; ana Nays-None. street on September 29, 1957, pre- whereas the City Council deems such amendment to the zoning Map Absent-ills or Dove. Y sented and read. Councilman and Zoning. ordinance to be necessary Schueller move3 that the claim be and proper; NOw THEREFORE, BE IT OR- ORDINAfCE N0. 52.51 referred to bhe City Solicitor feT DAINED BY THE CITY COUNCIL Ari Ordinance Amending Ord'i- investigation and report. Second- OF THE CITY OF DUBUQUE, IOWA: ....section 1. That the zoning Map nonce No, 3.34, known as the Zon- ed by Councilman Kolb, Carried by ana zoning ordinance of the city of ing Map and Zoning Ordinance of the fallowing vote; Dubuque, known as Ordinance No. a-aa, be and the same are hereby the City of Dubuque so as to Clas- Yeas -Presiding Officer Pro amended and changed by changing sify the herein described property Tem Weln, COUllCllmen K1ntZingeT, Lots 1 to 8, inclusive of J. F, xlein- schmidts Subdivsion in the City of aS Heavy Industrial District, sold Kolb, Schueller. Dubuque, Ordinance having been introduced Nays~None, from single Family Residence Dis- and read on September 3 1957 Absent-Ma or Dove, Y tract to Two Family Residence Dia- tract clasaitication. , , .was presented for final adoption.. 380 Regular Session, October 7; 1957 ORDINANCE No. 52-57 An Ordinance Amending Ordinance No. 3-34, I{nown as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to classify the herein described property as Heavy Indus- trial District. Whereas the Planning and Zoning Commission has filed its report recom- mending the Zoning as Heavy Indus- trial District of the hereinafter des- cribed area recently annexed to the City; and Whereas a public hearing on the question of such proposed zoning was held on the 7th day of October, 1957, at 7;30 O'clock P. M, in the City Hall in the City of Dubuque, Iowa, pursuant to due and regular notice and all parties in interest and all citizens were given an opportunity to be heard at said hearing; and Whereas the City Council deems such Amendment to the Zoning Map and Zoning Ordinance to be necessary and proper; NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1, That the Zoning Map and Zoning Ordinance of the City of Dubuque, known as Ordinance No. 3-34, be and the same are hereby amended and changed by zoning Lot 3 of fractional Government Lot One, Township 88, North, Range 3, EasC of the 5th P. M. in the City of Dubuque, Dubuque County, Iowa, to Heavy Industrial District Classifi• cation, Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 3rd day of Septem- ber, 1957, Rule requiring reading on three separate days suspended by unani- mous vote the 3rd day of September, 1967. Passed by recorded roll-call vote, adopted and approved this 7th day of October 1957, Clarence P, Welu Presiding Officer Pro Tem 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 October 1967. Leo F. Frommelt City Clerk it. 10/11 Councr'~man Schueller moved the adoption of the Ordinance. Sec- onded by Councilman Kolb, Car- rieu~ by the following vote: Yeas -Presiding officer Pro Teln Welu, Ccuncilmen Kintzinger, Kolb, Schuoller. Nays-None, Absent-Mayor Dove. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No, 53-57, an Ordinance vacating a portion of West Ninth street lyhlg nartih of Loi2 of Ludescher Place and west 25' of Lot 9 of Lorimer's Subdivi• Sion and providing for the convey- once thereof now platted and des- ignated as Lot A of Ludescher Place, presented and read. No written objections were filed and there were no .objectors pres- ent in the Council Chamber at the time set for public hearing. Councilman Ko'ib moved that the proof of publication be receivtux' and filed. Seconded by Councilman Schueller. Carried by the follow= ing vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, I{olb, Schueller. Nays-None. Absent-Mayor Dave. ORDENANC.E N0. 53.57 An Ordinance Vacating a Por- tion of West Plinth S±reet lying north of Lot 2 of Ludescher Place and the west twenty-five feet of Lot 9 of Lorimers Subdivision and providing for the conveyance thereof, said ordinance having been introduced and real on Sep- tember 3, 1557, was presented for final adoption, ORDINANCE N0. 53-57 An Ordinance Vacating a Pm•tion of West Ninth Street Lying North of Lot 2 of Lndescher Place and the West twenty-five feet of Lat 9 of Lorimers Subdivision, and Providing for the Conveyance thereof. Whereas, Mrs. Henry Ludwig, as owner of Lot 2 of Ludescher Place and the West 25 feet of Lot 9 of Lorimers Subdivision in the City of Dubuque, has petitioned the City Council to vacate the portion of West Ninth Street lying between said lots and a line five feet south of and parallel to the baclt of the south curb of Vest Ninth 5tr•eet; and Whereas the City Engineer has pre- pared and submitted a plat of said aa~ea assigning the designation "Lot A of Ludescher Place" to said tract; and Whereas, the City Planning and Zoning Commission has recommended approval n£ said request; and Whereas, said petitioner has agreed to pay the sum of $275.00 for said tract; and l~~hereas, the City Council is of the opinion that said tract is no longer required for public use and that it is in the best public interest that said request be granted, subject to the condition that no building or other permanent structure be placed there- on; lv'OW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the plat of Lot A of Ludescher Place, prepared by the City Engineer be and the same is hereby approved and the Mayor and Clerk be and they are hereby au- thorized and directed to endorse the approval of the City of Dubuque, thereon; Section 2. That the portion oP West Ninth Street designated Lot A of Lu- descher Place on said plat be and the same is hei^eby vacated; Section 3. That Lot A of Ludescher Place in the City of Dubuque, aub- Regular Session, October 7, 1957 381 ject to the restriction that said prop- erty is being acquired by grantee as off-street loading area for the prop- erty abutting to the south and no building or permanent structure shall be placed thereon in such a manner as to interfere with its use for said purpose, which restriction shall be binding on grantee, her heirs or as- sig~ns forever, be and the same is hereby sold and conveyed to Mrs. Henry Ludyvig for the sum of $275.00 and the Mayor and City Clerk are hereby authorized and directed to ex- ecute the Quit Claim Deed of the City of llubuque conveying said prop- erty, subject to said restriction and deliver the same to Mrs. Henry Lud- wig upon receipt of the sum of $276.00. Passed on first reading Sep ember 3ra, 1957. Rule requiring reading on three sep- arate days suspended, September 3rd, 1957. Passed, adopted and approved by unanimous recorded roll Dell vote October 7th, 1957 after public hear- ing, pursuant to notice published in the Telegraph Herald September 9th, 1957 and September 16th, 1957. CLARENCE P. WELU, Presiding officer Pro Tem RAY F. KOLB LEO N. SCHUELLER CHARLES A, I{INTZINGER Councilmen Attest: LEO F. FROMMELT CitS• Clerk $275.D0 received from Mre. Henry Ludwig, October 16th, 1957. LEO F. FROMMELT City Clerk Published officially in the Telegraph Herald Newspaper this 18th daY of October 1957, LEO F, FROMMELT City Cierlc 1 t 10-18 Councilman Kintzinger moved the adoption of the Ordinance, Sec- onded by Councilman Schueller, Carried by the following vote: Yeas -Presiding officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. ORDINANCE N0, 56.51 An Ordinance authorizing Ed- ward J. McFarland and Angella T. McFarland to Construct a Wall in Muscatine street, presented and read. Councilman Kolb moved that the reading just had~be considered the first rea~d7ng of the Ordinance. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas -Presiding Officer Plo Tem Welu, Councilmen Kintzinger, Kolb, Schueller; Nays-None. Absent-Mayor Dove. Councilman Kolb moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days, Seconded by Council- man Schueller, Carried by the fol• lowing vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. ORDINANCE N0, dd•57 An Ordinance Authorizing Edward J. McFarland and Angella T, McFarland to Construct a Wall in Muscatine Street. Be It Ordained By The City Councll Of The City Of Dubuque, Iowa: Section 1. That Edward J, McFar• land and Angella T. McFarland, as owners of Lot 64 in McDaniel's Park Hill in the City of Dubuque, Dubuque County, Iowa, be and they are hereby granted permission to construct a stone retaining wall in Muscatine Street abutting said property, eight feet (6') from the west curb line, subject to the following terms and conditions: (a) That said wall be constructed under the supervision of the City Man• ager; (b) That the permission herein grant• ed E revocable by the City Councn whenever it shall determine that the public interest requires; (c) That in the event the permission herein granted is revoked, the per• mittees for themselves, their successors or assigns agree to remove said wall at their expense, within a reasonable time and in the event of their failure so to do the City may remove the same and assess the cost of such removal against the first above described prop• erty; Section 2. That this Ordinance shall be in full force and effect upon its passage and publication as provided by law and the acceptance of the terms and conditions in writing by permit• tees. Passed, adopted and approved this 7th day of October, 1957, CLARENCE P. WELU Presiding Officer Pro Tem Attest: Leo F, Frommelt ~~~•-•• City Clerk Herald s Newspfaperlythts T14th od ya of October 1957. lt. 16/14 LEO F. FROMMELT ACCEPYANCE OF ORDINANCElerk N0, 56.57 McFarlendJ~ asc owne~s o d Lo te54 in McDaniels Park hill, in the City of Du• buque, Dubuque County, Iowa, £or themselves, their successors and as• signs accept and agree to the terms and conditions of Ordinance No. 56.57 as enacted by the Clty Council of the City of Dubuque, Dated at Dubuque, Towa, this 9th day of October, 1957. /s/ Edward J. McFarland lt. 19/14 /s/ Angella T. McFarland Councilman Kolb moved the adoption of the Ordinance, Second• ed by Councilman Schueller. Car- rie3 by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Mayor Dove, ORDINANCE N0. 51.61 An Ordinance Amending the Zoning Map and Zoning Ordinance T 382 Regular Session, October 7; 1957 of the City of Dubuque, Iowa, known as Ordinance No. 3-34, by changing the Zoning Classification of Lot 2 of Lot 1 of Block 3, Hill- crest Heights from Single Family Residence District Classification to Local Business District "A" Clas- sification, presented and read, Councilman Kolb moved that the reading just had ~be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas -Presi'd'ing Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sohueller, Nays-None, Absent-Mayor Dove. Councilman Kalb moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas -Presiding .Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove. Councilman Kolb moved that a public hearing be held on the Ordi- nance on November 4, 1957, at 7;30 o'clock P.M, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. 5ee• onded by Councilman Sohueller, Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. ORDINANCE N0. 58.57 An Ordinance Amelyd'ing Ordi- nance No, 33.49, known as the Traffic Code, by repealing Sec- tion 8.1 and enacting a substitute therefor, and by adding Sections 77 and 78 to Schedule VI thereof, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzing• er. Carried' Eby the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove, Councilman Kolb moved that the rules be waived requiring an Ordinance to be read an three sep- arate days. Seconded. by Council- man Kintzinger. Carried by the following vote: Yeas -Presiding Officer Pro Tem We'lu, Councilmen Kintzinger, Kolb, Schueller, Nays-None, Absent-Mayor Dove. ORDINANCE No. 58 - 57 An Ordinance Amending Ordinance No 33-99, Known as the Traffic Code, by Repealing Section 8.1 and Enact- ing a Substitute therefor, and by Adding Sections 77 and 78 to Schedule VI thereof, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQTJE, IOWA: Section 1, That Section 8.1 of Ordi- nance No, 33-49 known as the Traffic Code of the City of Dubuque be and the same is hereby repealed and the following enactd fn lieu thereof; "8.1, Any person driving a motor vehicle on any street of thla City shall drive the same at a careful and pru- dent spend not greater than or lase than Is reasonable and proper having due regard to the traffic surface and width of the streets and of any oth- er conditions then existing, and no pm~sen shall drive any vehicle at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead, such driver hav- ing the right to assume, however, [hat all persons using ouch streets will observe the law, The following shall be the ]awful speed except as herein6efore or here- inafter modified, and any speed in excess thereof shall be unlawful: 1. Twenty miles per hour in any business district except as provided in subsections b and 6. 2. Twenty-five miles per hour !n any resdience or school district ex- Sept as provided in subsections b and 3. Forty miles per hour for any motor vehicle drawing another ve- hicle in any district or on any street where the ]awful speed is in excess of forty miles per hour. 4. Forty-five miles per hour in any suburban districk 5. Thirty-five miles per hour on Lo, Gust Street between Southern Avenue and Dodge Street. 6. Fifty-five miles per hour for southbound vehicles on Kerrigan Road fl•om Southern Avenue to the City Limits and for northbound vehicles on Kerrigan Road from the city emits to Mt. Carmel Road." Section 2. That Schedule VI oP Or- dinance No. 33-49, known as the Traf- fiu Code of the Clty oY Dubuque, be and the. same is hereby amended by adding new Sections 77 and 78 there- to as follows: "77. On the east side of Locust Street from Railroad Avenue to Dodge Street;" "78. On the west side of Locust Street from N, P, L, of Dodge street to a point 380 feet south oP N, P. L, of Dodge street." Section 3. This Ordinance shall be' in full force and effect from and af- ter its final passage, adoption and publication as by law provided. Introduced the 7th day of October, 1967, Rule requiring reading on three separate days suspended by unanl• moue vote the 7th day oP October, 19b7, Regular Session, Octobe>c' 7,' 1957 383 Passed by recorded roll-call vote, adopted and approved this 7th day of October, i9b7. Clarence P. Welu Presiding officer Pro Tem Ray F. Kolb Leo N. Schueller Charles A. Kintzinger Councilmen Attest: LEO F, FROMMELT, City Clerk Published officially in the Telegraph Herald newspaper this 18th day of October 1967. LEO F. FROMMELT, City Clerk 1 t. 1o-1a Councilman Kolb moved bhe adoption of the Ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove, ORDINANCE N0, 59.51 An Ordinance Vacating a Por- tion of Tower street and the Alley lying between Block 32, Dubuque Harbor improvement Company's Addition and Block "I" Booth's Addition, presented and. read, Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove, .Councilman Kolb moved that the rule requiring an Ordinance to be read on three separate 'd'ays be waived. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kalb, Sclhueller, Nays-None. Absent-Mayor Dove. ORDINANCE No. 69-57 An Ordinance Vacating a Portion of Tower Street and the Alley lying between Block 32, Dubuque Harbor Improvement Company's Addition and Block "I", Booth's Addition, Whereas, Fischer Investment Co., as owner of all abutting property, has requested the vacation of: The alley lying between Block 32, Dubuque Harbor Improvement Com- pany's Addition and Block "I", Booth's Addition, from the southeast street line of Bell Street to the north- west street line of Tower Street, and Tower Street from the southwest line of Sixth Street southwesterly to Block 'I" of Booth's Addition; and Whereas the Planning and Zoning Commission has examined said re- quest and recommended approval thereof; and Whereas, said petitioners have pra- aented aplat of said vacated area, assigning lot numbers threto; and Whereas, it appears that said street and alley are not open Por travel and will not be needed for public use within the foraeeable future, NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1, That the alley lying be- tween Block 32, Dubuque Harbor Im- provement Company's Addition and Block "I", Booth's Addition, be and the same is hereby vacated from Bell Street to Block "0" of Booth's Addi- tion; Section 2. That Tower Street. from Sixth Street southwesterly to Block "I" of Booth's Addition be and the same is hereby vacated; Section 3. That the plat of said vacated areas, dated October 1, 1957 prepared by Carl F, Bartels, licensed professional civil engineer, be and the same is hereby approved and the Mayor and Clerk authorized and dir- ected to endorse the approval of the City of Dubuque thereon; Section 4. That the City Clerk be and he is hereby authorized and dir• acted to record a certified copy of this Ordinance In the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved by recorded roll call vote. October 7th, 1967. Clarence P. Welu Presiding Officer Pro Tem 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 October 1957, Leo F, Frommelt City Clerk, It 10/11 Councilman Kolb moved the adoption of the Ordinance, Seeond- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzing- er, Kolb, Schueller. Nays-None. Absent-Mayor Dove, Petition of Nicholas Frefburger et al objecting to any change in the zoning of Lots 305 and 306 in Davis Farm Addition, and to fw- ther deny the petition of Leonard Healy et ux requesting rezoning of said real estate from multiple resi~3entia'1 to Local business din' trict "A" classification, presented and read, Councilman Schueller moved that the rules be suspended in order to lot anyone present ad- dress the Council if they so desire. Seconded by Councilman Kolb. Carried by the following vote: 384 Regular Session, October 7, 1957 Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller, Nays-None. Absent-Mayor Dove, Mrs. Arthur Rooney of 2540 Broadway addressed bhe Council and expressed concern as to the increase in traffic in the area in the event it would' be zoned as a Local business district "A" classi- fication, thereby creating a dan• gerous hazard for the children at- tending school in the immediate vicinity, Councilman Sehueller moved that the petition be referred to the Planning & Zoning Commission to be considered at .the same time the petition for re-zoning as pre• sented by Len Healy et ux is con- sidered, Seconded by Councilman Kolb. Carried by the following vete: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None. Absent-Mayor Dove, Petition of Optimist Club of Du• buque requesting authority to start a campaign to raise funds to finance "Youth Appreciation Week" which is celebrated Novem- ber 4th to 11th, presented and read, Councilman Kintzinger moved that the petition be re• ferred to the City Solicitor for investigation and report. Seconded by Councilman Schue'ller, Carried by the fallowing vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kalb, Sehueller. Nays-None, Absent-Mayor Dove. Petition of A. G, Reuschel et al requesting the installation of a street light in the area of 1900 Hale street, presented and read. Councilman Kalb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec• onded by Councilman Sohueller, Carried by the following vote: Yeas -Presiding 0£ficer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None, Absent-Mayor Dove. Petition of H. A. Bischoff et al requesting the installation of a street light at the intersection of State street and' the alley of said street formerly known as Dillon street presented and read, Mr. Ray Mescher of 227 State street and H, Bischoff of 222 State street addressed the Council in behalf of the petition. Councilman Kolb moved that the petition be re- ferred to the City Manager and Electrical Inspector for investiga~ tion and report. Seconded by Coun- cilman Sehueller. Carried by the following vote; Yeas -Presiding Officer Pi•o Tem Welu, Councilmen Kintzinger; Kolb, Sehueller, Nays-None. Absent--Mayor Dove. Petition of Clarence C. Fay, re- questing an extension of bhe water main an additional 500 feet from Fox Drive to service Lot 2 of Lot 1 of Mineral Lot 5 in the City of Dubuque, presented and read. Councilman Sehueller moved that the petition be referred to the City Manager and water depart- ment for investigation and report. Seconded by Councilman Kolb. Carried by the following vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None, Absent-Mayor Dove. Petition of Emil E. Goergen, re- questing arefund of $100, on the unexpired portion of Class "B" beer license No, 5, as he has dis- continued business as of Septem- ber 30, 1957, presented and read, Councilman Kolb moved that the refund be granted and the Auditor instructed to draw a warrant in the amount of $100, payable to Emil E, Goergen to cover the un- expired portion on Class "B''beer license No. 5. Seconded by Coun• Gilman Sehueller: Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller, Nays-None. Absent-Mayor Dove, Petition of Emil E. Goergen, re• -- questing arefund of $75 on bhe unexpired portion of cigarette li- cense No. 201, as he has discon- tinned business as of September 30, 1957, presented and read, Councilman Kolb moved that the ~ - Regular Session, October 7, 1957 385 refund be granted and the Audi- tor instructed to draw a warrant in the amount of $75, payable to Emil E, Goergen, to cover the unexpired portion of cigarette li- cense No. 201. Secomd'ed by Coun- cilman Sehueller. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None. Absent-Mayor Dove. Petition of .Erwin J. Hafeman, requesting a refund of $75, on the unexpired portion of cigarette li- cense No, 119, as he has dis~on- tinued business. as of September 30, 1957, presented and read, Coun- cilman Kolb moved that the re• fund be granted and the Auditor instructed to draw a warrant in the amount of $75, payable to Er- win J, Hafeman, to cover the un- expired portion of cigarette li- cense No. 119. Seconded by Coun- cilman Sohueller. Carried by the following vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None. Absent-Mayor Dove. Petition of Dubuque Sports Bowl Inc, requesting a refund of $100 on the unexpired portion of Class B beer license No, 21, as they have discontinued business as of Sep• tember 21, 1957, presented and read, Councilman Kolb moved that the refund be granted and the Au- ditor instructed to draw a warrant payable to Dubuque Sports Bowl Inc., in the amount o£ $100 to cov er the unexpired portion of Class B beer license No. 21. Seconded by Councilman Sehueller. Car- ried by the following vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None, Absent-Mayor Dove. Petition of Fred' Herber, request- ing arefund of $75 on the unex- pired portion of cigarette license No, 278, as he has discontinued business as of September 15, 1957, presented and read. Councilman Kolb moved that the refund be granted and the Auditor instructed to draw a warrant payable to Fred Herber, in the amount of $75, to cover the unexpired portion of cigarette license No. 278. Second• ed by Councilman Schue~ler. Car- ried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None. Absent-Mayor Dove, Petition of Robert 'C, Hevey, re• questing a refund' of $75 on the unexpired portion of cigarette li• tense No. 205, as he has discon- tinued business as of September 27, 1957, presented and read, Coun- cilman Kolb moved that the re• fund be granted and the Auditor instructed to draw a warrant pay- able to Robert C. Hevey, in the amount of $75, to cover the unex- pired portion of cigarette license No. 2D5. Seconded by Councilman Sehueller. Carried by the fallowing vote: Yeas -Presiding Officer Pro Tem We1u, Councilmen Kintzinger, Kolb, Sehueller. Nays-None. Absent-Mayor Dove. Petition of Charles T, Snyder, re• questing a refund of $50 on the unexpire~d~ portion of Class B beer license No. 130, as he has discon- tinued business as of September 16, 1957, presented and read. Ccun- cilman Kolb moved bhat the re- fund be granted and the Auditor instructed to draw a warrant pay- able to Charles T. Snyder, in the amount of $50, to cover the unex- pired portion of Class B beer li• tense Na. 130, Seconded. by Coun- cilman Sehueller. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Sehueller. Nays-None, Absent-Mayor Dove. Petition of Lawrence R. Thissen, requesting a refund of $75, on the unexpired portion of cigarette li- cense No, 287, as he has ~d'iscon- tinued business as of September 30, 1957, presented and read. Coun- cilman Kolb moved that the re- fund be granted and the Auditor instructed to draw a warrant pay- able to Lawrence R. Thissen, in the amount of $75 to cover the amount of the unexpired portion of cigarette license No. 287. Seconded by Councilman Sehueller, Carried by bhe following vote; 386 Regular Session, October 7, 1957 Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, I{olb, Schueller, Nays-None, Absent-Mayor Dove. Petition of Illinois Central Rail- road, requesting to excavate in the street at First and Iowa for the purpose of installing a gas service line to their freight house, present- ed and read'. Councilman Kintzing- er moved that the petition be re• (erred to the City Manager and City Council for further study. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent--Mayor Dove. RESOLUTION N0. 200.57 Resolution Approving Plat of Shires Subdivision. Whereas there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 1 of North One•Half of Mineral Lot 309A in the City of Dubuque, Iowa is platted as I,ot 1, 2, and 3 Shires Subdivision, in the City of Du• buque, Iowa, and, Whereas said plat has been ex• amined by the City Plan Commis• Sion and had its approve' en- d'orsed thereon; and, Whereas said plat has been ex• amined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1, That the above de• scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 7th day of October A,D., 1957. CLARENCE F. WELU Presiding Officer Pro Tem RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen .Attest; LEO F, FROMME),fi City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Presiding Officer Pro Tom Welu. Carried by the following vote; Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent~Mayor Dove, September 9, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is a plat of Block 1, 2, and 3 in Dirksen Addition in the City of Dubuque, Iowa. This Subdivision is located Soubh of HIllcrest Road amd~ fronts on Deborah Drive, This Subdivision has been app proved by the Plannhig 8r 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 Presiding offs- cer protem Welu, Carried by the fotlowing vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove. RESOLUTION N0. 201.6i'' Whereas, there has been filed with the City Clerk a plat in which Lot 1 of 1 of 1 of 1 of 1 of Dirksen Place in the City of Dubuque; Iowa, is platted as Block 1, Block 2 and Block 3 in Dirksen Addition in the City of Dubuque, Iowa; 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 Deborah Drive and Jeffrey Drive, and also easements for public utilities which the owners upon said plat have dedicated to the public for= ever; 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 thereto, except that grades shave not been established, the T Regular Session, October 7, 1957 387 streets brought to grade, or pav ing sewer or water mains in- stalled; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Deborah Drive and Jeffrey Drive, together with the easements far public utilities as the same ap- pear upon said'. plat be and the same are hereby accepted; Section 2. That the plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Dirksen Place in the City of Dubuque, Du- buque County, Iowa, which will hereafter be known as Black 1, Block 2 and Block 3 in Dirksen Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and Clerk are hereby au- thorized and directed to endorse the approval of said City upon said plat, provided the owners of said property, Clarence A. Dirksen an~fi Grace F. Dirksen, husband and wife, execute their written ac- ceptance hereto attached, agree- ing; a. To reduce all streets to grade as shown by the profiles submit- ted with the plat; b. To surface Deborah Drive and Jeffrey Drive 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 (2~/a") hot mixed, hot laid, bitumi- nous concrete surfacing and con- crete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Section; c, To install sanitary sewers in accordance with plans submitted with the ,plat;. ~. To install storm sewers in ac- cordance with plans submitted with bhe plat; e, To install water mains in ac- cordance with plans submitted with the plat; f. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; g. 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; h, To construct said improve- ments prior to November 1st, 1958; and further provided that ~e said Clarence A, Dirksen and Grace F, Dirksen, as owners of said subdi• vision secure the performance of the foregoing conditions with a surety bond in such amount and with such sureties as may be ac- ceptable to the City Manager; Section 3. That in the event said owners shall fail to exocute the a~- ceptance and provide the bond re- quired in Section 2 hereof within forty-five (45) days from the date of this Resolution the provisions hereof shall ~be null and void and the acceptance of the de~d~ication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote Octo- ber 7th, 1957. CLARENCE P. WELD Presiding Officer Pro Tem RAY F, KOLB LEON, SCHUELLER CHARLES A. I{INTZINGER Councilmen Attest: LE0 F. FROMMELT City Clerk To Leo F. Frommelt, City Clerk; This is to certify that the secur• sty required by the foregoing Res- olution No. 201.57 has been provid- ed by the subdivider. Dated at Dubuque, Iowa, this 28th day of October, 1957. L, J. SCHILTZ, City Manager Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- rie3 by the following vote: Yeas-Presiding offi~eer Pro Tom W e 1 u, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Mayor Dove, ACCEPTANCE OF RESOLUTION N0. 201.57.. Clarence A. Dirksen and Grace F. Dirksen, husband and wife, with full knowledge and under- standing of all the terms and con- ditions of Resolution No. 201.57 hereby accept the same as adopt- ed and agree to abide by, comply r 388 Regular Session, October 7, 1957 with and carry out all of the terms and conditions thereof, Executed this 28th day of Octo- ber, 1957. CLARENCE A. DIRKSEN GRACE F, DIRKSEN Proof of Publication, certified to by the Publisher, of Official Na tike of public hearing to consi~d'er the proposal to dispose of Block Five (5) in River Front Subdivi- sion No. 3 in the City of Dubuque, Dubuque County, Iowa, to Har- nischfeger Corporation of Milwau- kee, Wisconsin under the terms and conditions set forth in a let ter of September 5, 1957, present• ed and read. No written objections were filed and there were no objectors pres• ent in the Council Chamber at the time sat for the public hearing. Councilman Kolb moved that the proof of publication be received and filed, Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove, RESOLUTION N0, 202.57 Whereas, the Dock Board of the City of Dubuque has recommernd'ed Now Therefore, Be It Resolved by bhe City Council of the City of Dubuque; Section 1. That all objections to said proposal be and the same are hereby overruled; Section 2, That Block Five (5) in Riverfront Subdivision No, 3 in the City of Dubuque, Dubuque County, Iowa, be sold to Harnischfeger Corporation of Milwaukee, Wiscon- sin for an agreed purchase price of $111,12D.00, payable in cash upon delivery of the .deed of the City of Dubuque, Iowa, conveying said property, upon the condition, how- ever, that said grantee construct thereon, prior to January 1st, 1960, a factory building in accordance with applicable statutes and City ordinances, containing not less than 250,000 square feet of floor space, which deed shall provide bhat in event of the failure of said grantee to construct said building on said site within the time speci• fled title shall revert to the City of Dubuque; Section 3. That the Mayor and City Clerk be and they are hereby authorized amd directed to execute the deed of the City of Dubuque, Iowa, conveying said property to said grantee, subject to said con- dition, and deliver the same upon. receipt of the sum of $10,000,00; Secti®n 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in bhe of- fice of the County Recorder of Du- buque County, Iowa. Passed, adopted and approved the 7th day of October, A.D,1957. CLARENCE P. WELU Presiding Officer Pra Tem RAY F. KOLB LEO N,SCHUELLER CHARLES A. KINTZTNGER Councilmen Attest; LEO F. FROMMELT City Clerk Presiding Officer Pro Tem Welu moved the adoption of the resolu- tion. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas -Presiding Officer Pro Tern Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove, ~f ~ that the City of Dubuque sell ' Black Five (5) in Riverfront Sub- ' division No. 3 in the City of Du- ~ buque, Dubuque County, Iowa, to Harnischfeger Corporation of Mil- Waukee, Wisconsin, upo?i the terms and conditions set forth in a letter to the Gity Council dated September 5th, 1957; and Whereas a public hearing was had in the City Council Chambers in the City Hall on October 7th, 1957, at 7:30 o'clock P.M., on said proposal to dispose of said real estate, at which time and place all electors of the City of Du- buque and all other interested par- , ties were afforded an opportunity to appear and be heard; and Whereas, the City Council, hav- ing considered all arguments a~d'- vanced regarding said proposal, is of the opinion that it is in the best public interest that said ~prop- ' erty be sold under said terms and conditions; Regular Session, October 7; 1957 389 October 2, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In connection with the develop• ment of Area "A" of City Island and the Seventh Street Harbor, the Dock Board has entered into an agreement with the Interstate Power Company under which they have agreed to relocate their pow- er line and' especially the tower which presently stands in the cen- ter of the proposed location of the harbor. Under the terms of the agree- ment the Interstate will release their .present easement when the line is relocated and it will be necessary to grant them a new easement, which is not substan- tially different from the old one, We have submitted for your adoption a proposed Resolution granting the new easement and the proposed form of easoment. We request that the Resolution be set down for public hearing and at the time and place of hearing the same be adopted and the easement executed'. Respectfully, A, Y. McDONALD Dock. Board Presiding Officer Pro Tem Welu moved that the request be grant- ed. Seconded by Councilman Kint- zinger, Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove, RESOLUTION N0. 203.57 A resolution granting Interstate Power Company an easement for a transmission line across Govern- ment Lots 2 and 3 and the slough between Congressional Lot 8 and Government Lot 3 and the filled-in slough between Government Lot 2 and Government Lot 3, 150' in width and lying 75' on either side of the center line of said re-located transmission line, presented anrd' read, Councilman Schueller moved the approval of the resolution and fur- ther moved that a public hearing be held on said resolution on No- vember 4, 1957 at 7:30 o'clock P.M, in the Council Chamber at the City Hall. Seconded by Presid- ing Officer Pro Tem Welu, Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Intzinger, Kolb, Schueller, Nays-None, Absent-Mayor Dove, Proof of publication, certified to by the publisher of notice to contractors of the receipt of pro- posals for the construction of an eight (8) inch sanitary sewer be- ginning 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 Lot 1 of August Lubs Sub• division, thence westerly to Ra- mona street, thence northerly from the southeast property corner of Lot 1 of August Lubs Subdivision to Adeline Street, thence westerly to Lot 1-Lot 13 of M. Walters Ad• d'itian, thence northerly through Lots 1-13, 2-13, 1.15, 1-16 of M, Walters Addition, and Lots 1-1-i, 2.1.1, ,Sfluth 45'-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 Ramo• na street to the East 50' of Lot 18 of Columbia Addition, presented and read, Councilman Kintzinger moved that the proof of publica- tion be received and filed, Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kalb, Schueller, Nays-None. Absent-Mayor Dove. October 7, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; Pursuant to your instructions, bid's were received until 10:00 A, M., NTohday, October 7, 1957, for bhe Ramona Street-Adeline Street Sanitary Sewer, Attached is a tab- ulation of the bids received. I recommend that the contract be awarded to Hennessey Bros. Inc., excavating and main sewer contractors of Cedar Rapids, Iowa, 390 Regular Session, October 7, 1957 who submitted the lowest and best bid. Respectfully submitted, L. J. SCHH.TZ, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Presidng Officer Pro Tem Welu, Carried by the fallowing vote: Yeas -Presiding Officer Pro Tem We1u, Councilmen Kintzinger, Kolb, Schueller, Nays-None, Absent-1Viayor Dove. (Awarding Contract) RESOLUTION N0. 204.57 Whereas, sealed proposals have been submitted by contractors for the construction of an eight (8) inch sanitary sewer beginning at the existing sanitary in Lot 7 of Rose Hill Addition, thence north- westerly to the intersection of Robin street and the first alley west of English Lane, thence northerly to the southeast proper- ty line of Lot i of August Lubs Subdivision, thence westerly to Ra- mona street, thence northerly from the southeast property cor- ner of Lot 1 of August Lubs Subdi- vision to Adeline street, thence westerly to Lot 1- Lot 13 of M. Walters Addition, thence northerly through Lots 1-13, 2.13, 1-15, 1-i6 of M. Walters Addition, and Lots 1.1-1, 2.1-1, South 45'-2.1, and 1.2 of Thomas Hickey Place, thence westerly bhrough Lot 1-15 of M, Walters Addition to Ramona Street, thence northerly on Ramo• na street to the East 50' of Lat 18 of Columbia Ad•~tion, pursuant to Resolution No, 181.57 and notice to bidders published in a newspa• per published'in said City on Sep- tember 6th, 1957 and September 13th, 1957; and Whereas, said sealed proposals were opened and read on October 7th, 1957, and it has been deter- mined that the bid of Hennessey Bros, Inc. of Cedar Rapids, Iowa in the amount of $15,033.65 was the lowest bi3 for the furnishing of all labor and materials and perform• ing the work as provided far in the .plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract far the above mentioned improvement be awarded to Hen- nessey Bros. Inc, of Cedar Rapids, Iowa and the Manager~be and ho is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. Be It Fmther Resolved, that up- on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of October, 1957, CLARENCE P, WELU Presiding Officer Pro Tem 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 Presiding Officer Pra Tem Welu. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent Mayor Dove. RESOLUTION N0, 105.51 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Gilbert G, Kramer, 1200 Iowa Street Olark Oil & Refining Cam•pany, 1005 Dodge Street Elmer Thompson &Maryel Bir- kett, 2417 Rhomberg Avenue Mrs, Clare Ellerman, 390 East 12th Street Be It Further Resolved that the bonds filed with the applications be approved, Passed, adopted and approved this 7th day of October, 1957, CLARENCE P. WELU Presiding Officer Pro Tem RAY F. KOLB LEO N.SCHUELLER CIIARLES A. KINTZINGER" Councilmen Attest: LEO F, FROMMELT City Clerk T Regular Session, October 7, 1957 391 Councilman Kolb moved the adoption of the resolution, Second- ed by Presiding Officer Pro Tem Welu. Carried by the following vote: Yeas-Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove. RESOLUTION N0, 206.51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the fallowing applications be granted and license be issued upon the com- pliance with the terms of the ordi- nance of this City, CLASS "B" PERMIT John J. Hickey, 55 Locust street Mrs. Clare Ellerman, 390 East 12th Street Joseph A, Kramer, 55 East 7th Street Thomas E, Nacos, 720 Iowa Street Elmer Thompson &Maryel Birkett, 2417 Rhomberg Avenue Joseph E. Reisdorf, 1101 Rhomberg Avenue Rita B. Love, 802 Iowa Street George J. Ziliig, 342 Eighth Avenue Fred Frary, 2220 University. Ave- nue CLASS "B" CLUB PERMIT Disabled American Veterans Club Inc., 951VZ Main Street CLASS "C" PERMIT Merlin Apel, 1195 Dodge Street Arthur H. Eichman, 2119 Rhomberg Avenue Passed, adopted and approvod this 7th day of October, 1957. CLARENCE P. WELD Presiding Officer Pro Tem 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 Councllman Schueller, Car- ried by the following vote: Yeas-Presiding Officer Pro Tem Welu, Councllmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Mayor Dove. RESOLUTION N0. 201.51. 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 were in• spected and found to comply 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 aBeer Permit, CLASS "B" PERMIT John J. Hickey, 55 Locust Street Mrs, Clare Ellerman, 390'East 12th Street Thomas E. Nacos, 720 Iowa Street Elmer Thompson &Maryel Birkett, 2417 Rhomberg Avenue Joseph E. Reisdorf, 1101 Rhomberg Avenue Rita B. Love, 802 Iowa Street " George J. Zillig, 342 Eighth Avenue Fred Frary, 2220 University Ave- nue CLASS "B" CLUB PERMIT Disabled American Veterans Club, Inc., 951~Z Main Street CLASS "C"PERMIT l Merlin Apel, 1195 Dodge Street Arthur H. EiChman, 2119 Rhomberg Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 7th day of October, 1957. .CLARENCE P. WELD Presiding Officer Pro Tem RAY F. KOLB LEO N. SCHUELLER CHARLES A, KHVTZINGER 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-Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Dove. Presiding Officer Pra Tem Welu moved that k letter of appreciation and gratitude be sent to U. S. Sena- tors B. B. Hickenlooper and T, E, ~_ ~. ~' _ - ( 392 Regular Session, October 7, 1957 Martin and U. S. Representative Henry 0. Tolle for the grant of $250,000 from the U. S, govern meat, to be used toward the cost of construction of the Sewage Dispos- al and Treatment plant, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove. There being no further business Councilman Kolb moved to ad• journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Presiding Officer Pro Tem Welu, Councllmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Dove. LEO F. FROMMELT City Clerk Approved ................................1958. Adopted ...............................1958. Councilmen ~ ...................................... Attest : ............................................ City Clerk T Special Session, October 17, 1957 393 ~" ~ 000. Sewer Revenue Bonds; The First Boston Corporation, Chicago, Ill,, A, G. Becker & Co., IDinois (OFFICIAL) Co., Ravenscroft & Co., A. G, Ed- Special Session, October 17, 1957. wards & Sons, Frantz-Hutchinson Council met at 7:30 P.M. & Co,, to bear interest at the rate Present-Mayor Dove, Council- of 4.10% Plus a Premium of $500. paine, Webber, Jackson & Curtis men. Kintzinger, Kolb, Schueller, , Chicago, I11. Wm. Blair & Co. Dean Welu. City Manager Schiltz, , Witter & Co., Carleton D, Beh Co., Mayor Dove read the Call and White Phillips Co., to bear inter~ stated that service thereof had est at the rate of 3.90%, Plus a been properly made and that this Premium of $1100.00 Net Cost 3.89 meeting is called for the purpose plus percent. The following sealed of providing for the sale and award bids were opened and read; John of $1,350,000 Sewer Revenue Bonds Nuveen & Co., Chicago, Ill,, First and approving and authorizing the of Iowa Corporation, Shaw McDer- agreement of such sale and award mott & Co,, Wachob-Bender Corpa~ and further authorizing and pro- ration, J. C, Bradford Co., Rate viding for the issuance and secur- 4,16%. Premium $6337.00 Net Cost ing the payment of $1,550,000. Sew- 4.066%, er Revenue Bonds for the purpose of defraying the cost to that Halsey Stuart & Co. Inc., East• , amount, of constructing sewage man Dillon, Union Securities & Co., works and facilities, and acting on Rodman & Renshaw, Becker & any other business as may proper- Cownie Inc., Quail & Co., Rate ly come before a regular meeting 4,Z0%, Premium $7263.00, Net Cost of the City Council. 4.1617%. Blyth & Co. Ine,, Chicago, Proof of Publication, certified to Ill., Bacon .Whipple & Co., Stern Bros. & Co., B, J. Van Ingen & Co, by the Publisher, of Notice of Meet• Inc., Rate 4.20%, P r e m i u m ing for Issuance of Sewer Revenue $3233,00, Net Cost 4,1829%, Bonds in the amount of $1,550,000 for the purpose of paying the cost, RESOLUTION N0. 200.57 to that amount, of constructing Resolution providing far the sale Sewage Works facilities, presented and award of $1,350,000 Sewer Rev- and read. Councilman Kolb moved enue Bonds and approving and au- that the proof of publication be re- thorizing the agreement of such ceived and filed, Seconded by Coun- sale and award. cilman Schueller. Carried by the Whereas notice of sale of $1 350 - following vote; Yeas-Mayor Dove Councilmen , , OOD Sewer Revenue Bonds of the , Kintzinger, Kolb, Schueller, Welu. City of Dubuque, in Dubuque Coun- ty, Iowa, has heretofore been given Nays-None. in strict compliance with the pro• Proof of Publication, certified to visions of Chapter 75 of the Code by the Publisher, of Notice of Sale of Iowa, by publication of notice of Sewer Revenue Bonds in the for two or more successive weeks amount of $1,350,000 for the pur• in a newspaper published in De- pose of paying a part of the cost buque County; and of constructing sewage works fa- Whereas all sealed bids have cilities, presented and read. Coun- been received and placed on file, oilman Kolb moved that the proof after which open bids were called of publication be received and filed, far and received, the highest of Seconded by Councilman Welu. which openbids was as follows; the Carried by the following vote; bid submitted by Paine, Wobber, Yeas-Mayor Dove, Councilmen Jackson 8: Curtis et al, consisting Kintzinger, Kolb, Schueller, Welu, of par and accrued interest plus a Nays-None, premium of $1100.00, with the bonds No written objections were filed 'tO bear interest at the rate of three and no objectors present in the and nine tenths per cent (3.90%) Council Chamber at the time set per annum; and thereafter such for the public hearing, sealed bids were opened, the sub- Oral bids were called for and stance of the best sealed bid being the following oral bids were re- as follows: the bid submitted by coived for the purchase of $1,350,- . John Nuveen & Co. et al, consisting 394 Special Session, October 17, 1957 of par and accrued interest plus a premium of $6,337.00, with the bonds to bear interest at the rate of Four and one tenth per cent (4,10%) per annum; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being duly advised in the premises it is here- by determined that the bid of Paine, Webber, Jackson & Curtis, et al, for the purchase of $1,350,000 Sewer Revenue Bonds of said City, dated November 1, 1957, as adver- tised, bearing interest at the rate of three and nine-tenths per cent (3.90%) per annum, in the highest and best bid received, and that said bonds be and the same are here- by awarded to said Paine, Webber, Jackson & Gurtis, et a1. Section 2. That the form of agree- meat of sale of said bonds be and the same is hereby approved, and the Ma or, City .Clerk and City Y ~ Treasurer are hereby authorized to accept and execute the same for and on behalf of the City of Du- buque, Iowa, and to affix the cor• porate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved October 17, 1957, CHARLES E, DOVE Mayor CLARENCE P. WELU 'i RAY F. KOLB LEO N. SCHUELLER CHARLES' A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kalb moved the adoption of the resolution. Second- - ed by Councilman Kintzinger. Car- ried by the following vote: Yeas- Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Whereupon the Mayor declared said resolution duly adopted and signed his approval thereto. ORDINANCE N0. 60.67 An Ordinance authorizing and providing for the issuance and se- curing the payment of $1,550,000 Sewer Revenue Bonds of the City of Dubuque, Iowa, under the provi- sions of Chapter 394 of the Cade of Iowa, for the purpose of defraying the post, to that amount, of con- structing sewage works and facili• ties in and for said City, Council- man Welu moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following voter Yeas-Mayor Dave,. Councilmen Kintzinger, Kolb, Schueller; Welu. Nays-None. Councilman Welu moved that the rules requiring ordinances to be read in full on three separate days be suspended and that said Ordi• nonce be now placed on its final adoption. Seconded by Councilman Schueller, Carried by the following. vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 60-67 AN ORDINANCE authorizing and providing for fife issuance and securing the. payment of $1,- 5b0,000 Sewer Revenue Bonds of the City of Dubuque, Iowa, under the provisions of Chapter 394 oY the Code of Iowa, for the pur- pose of defraying the cost, to that amount, of constructing sewage works and faeUitiea in and.for said Clty. WHEREAS in order to adequately provide for the collection, treatment, purification and disposal in a sani- tary manner of waste and sewage in the City of Dubuque, Dubuque County, Iowa, it has bean heretofore determined to be necessary and ad- visable that said City construct ad- ditional sewage works and facilities consisting generally of a sewage pumping station and appurtenances, fm~ce 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 sysiem, and appurtenances; and WHEREAS the cost of said ad- ditional sewage works and facilities has been estimated to be $1,876,000 and to pay such cost, to fife amount of $1,550,D00, it is necessary that said City currently provide for the issuance of its revenue bonds in that amount as authorized and permitted by Chapter 394 of the Code of Iowa, 1964, such bonds to be payable solely from the net earnings of the municipal sewage. disposal plant and system of said City, with the right reserved to the City to issue additional revenue bonds from time to time ranking on a parity therewith; and WHEREAS_a notice of the inten• tion of this City Council to take action for the issuance of $1,b60,000 Server Revenue Bonds of said City ltas heretofore been duly published and no petition setting forth obiee- tions to such proposed actiom has been filed in the office oP the City Cleric; and li'HEREAS said Clty has hereto- fore, by Ordinance No. 35-57 adopted April 16, 1957, established charges, rates or rentals for sewer services which era presently, and will con- T Special Session, October 17, 1957 395 tinue to be, collected as revenues of the municipal sewage disposal works and facilities of said City; and WHEREAS there are no presently outstanding bonds or other obliga- tions which are payable from the net earnings of the municipal sewage disposal works and facilities of said City; .NOW, THEREFORE Be it and It Is Hereby Ordained ~ by the City Council of the City of Dubuque, Iowa, as follows: Section t, That for the purpose oP defraying the cost, to the amount of $1,b5Q000, of constructing additional sewage works and facilities necessary for the collection, treatment, purifi- cation and disposal in a sanitary manner of waste and sewage in said City, as referred to in the preamble hereof, there be and there are here- by authorized to be issued the negotiable interest bearing revenue bonds of said City of Dubuque in the principal amount of $1,550,000, each of which shall be known and designated as a "Sewer Revenue Bond," bearing date of November 1, 1957, of the denomination of $1000 each, Said bonds shall be numbered consecutively from 1 to 1550. inclusive, and.. shall mature serially and in nu- merical order as follows: Bonds Numbered Amount Maturity 1 to 30, Incl. $30,000, Nov. 1, 1958 31 to 60, Incl. 30,000, Nov. 1, 1969 61 to 90, Incl, 30,OD0, Nov. 1, 1960 91 to 120, Incl, 30,000, Nov. 1, 1961 121 to 150, Incl. 30,000, Nov. 1, 1962 151 to 190, Incl, 4U,OOQ Nov, 1, 1963 191 to 230, Intl, 40,000, Nov, 1, 1964 231 to 280, Incl, 60,000, Nov. 1, 1965 281 to 330, Incl. 5Q000, Nov. 1, 1966 331 to 380, Incl. 50,000, Nov. 1, 1967 381 to 440, Incl. 60,000, Nov. 1, 1968 441 to 600, Incl. 60,000, Nov. 1, 1969 501 to 570, Incl. 70,000, Nov, 1, 197D 671 to 640, ffiol. 70,000, Nov. 1, 1971 641 to 710, Intl, 70,OOD, Nov, 1, 1972 711 tc 700, Incl. 80,000, Nov, 1; 1973 791 to 870, Incl. 80,004, Nov. 1, 1974 871 to 950, Incl, 80,000, Nov, 1, 197b 951 to 1040, Incl. 90,000, Nov, 1, 1976 1041 to 113U, Incl. 90,000, Nov. 1, 1977 1131 to 1230, Incl. 100,000, Nov, 1, 1978 1231 to 1330, Inel, 100,000, Nov. 1, 1979 1331 to 1440, Incl, 110,000, Nov. 1, 1980 1441 to 1650, Incl. 110,000, Nov. 1, 1981 provided, however, that bonds num- bered b01 to 1b50, inclusive, shall be redeemable by said City prior to maturity in whole, or from time to time in part in the inverse order of their numbering, on November 1, 1969, or on any interest payment date thereafter, upon terms of par and accrued interest to the redemption date. Notice of any such redemption as' aforesaid, identifying the bond or bonds to be redeemed, shall be pub- lished at least once not less than thirty (3U) days prior to such re- demption date in a newspaper of genera] circulation throughout the State of Iowa. All of such bonds as to which said City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease tc near interest on the redemption date. Bonds of said issue numbered 1 to 135p, inclusive, in the principal amount of $1,360,D00, shall be currently issued and shall bear interest at the rate of three and nine tenths per cent (3.90%) per annum. The remaining bonds of said issue shall be issued as and when additional funds are re- quired to pay additional parts of the coat` of said additional sewage works and facilit[es and 'shall bear mtereat at the rate of five per cent (6%) per annum or at such lower rate or rates as may be determined at the public sale of said remaining bonds. All of such interest shall be payable semi- annually on the first days oP May and November of each year, Both principal and interest of said bonds shall be ayable in ]awful money of the United States of America, at the office oY the City Treasurer in and of the Clty of Du- buque, Iowa, All o[ said bonds and the interest thereon, together with the principal of and Interest an any additional bonds as may be hereafter issued and outstanding from time to time ranking on a parity therewith as hereinafter provided, shall be pay. able solely from the bond and In- terest redemption ainlcing fund here- inafter created and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obligation of said Clty nor payable in any manner by taxation, nor shall the City be !n any manner liable by. reason of the failure oY the net earnings of !ta mu• micipal sewage disposal works and facilities to be sufficient for the pay. meat in whole or in part of said bonds and interest thereon, but Bald bonds, together with any additionab bonds as maybe hereafter issued sad outstanding on a parity therewith, shan ba payable, both as to principal, and interest, solely and only from the future net earnings of tfie municipal sewage disposal works and facilities of said City pledged therefor as here- inafter provided, Section 2. That upon presentation at the office of the City'Treasurer of said City oP any; of said bonds same may be registered. as to principal in the name of the owner on the books in his office, such registration to ba noted on the reverse side oP the bonds by the City Treasurer, and there- after the principal of such registered bonds shall be payable only to the registered holder, his legal representa- ttvea or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, oNy upon presentation to said. City Treasurer with a legal assignment duly acknowledged ar proved. Regis- tration of any o! such bonds shall not affect the negotiability. of the coupons thereto attached, but such coupons shall be transferable by delivery mere- ly, Section 3. That said bonds and coupons shall be in substantially the following form: UNITED (STATES OFdAMERICA STATE OF IOWA COUNTY OF DUBUQUE ' CITY OF DUBUQUE No, amvvr,n REVENUE BOND $10001 KNOW ALL MEN BY ,THESE PRESENTS: That the Clty of Du• buque, in the County of Dubuque, and State of Iowa, for vaiue received; hereby promises to pay to bearer, ar if this bond be registered as to prln• cipai, to the registered holder hereof, from the special Fund provided there- for, as hereinafter set forth, the sum of One Thousand Dollars ($SOOD) an the first day of November, 19-, and from said special fund to oleo pay interest on said sum from the date hereof at the rate oP three and nine tenths per.. cent (3,90%a) per annum, payable semiannually on the first days of May and November in each year until said principal sum is paid, except as the provisions hereinafter set forth', with respect to redemption prior to' hlatuh6r@Co, aallbamh iotsreet ~ limir 396 S~)ecial Session, October 17, 1957 aoerue on and prior to the maturity oP this band to be paid only upon presentation and surrender oP the coupons hereto attached as they severally become due; both the prin- cipal of and interest on this bond be• ing payable in lawful money of the United States of America at the oY. Plce of the City Treasurer in and of the City o4 Dubuque, Iowa. This band fe one of a duly author Ized aeries of bonds numbered con• secutlvely from 1 to 1550, inclusive, Issued by said City pursuant to an ordinance duly enacted on the 17th day oY October, 1957, for the purpose of defraying a portion of the cost oY constructing additional sewage works and facilities necessary for the col• lention, treatment, purification and disposal in a sanitary manner of waste and sewage in said City under and in full compliance with the Con- stitution and statutes of the State of Iowa, including, among others, Chap- ter 894 of the Code of Iowa, 1954, as amended. This bond and the series oY which It is one, together with any addit[onal bonds ~a may be hereafter issued and outstanding from time to time rank• ing on a parity therewith under the conditions set forth in the ordinance authorizing said aeries as hereinbefore referred to, are payable solely and only from and are secured by net earnings to be derived from the op. oration of the municipal sewage dis• posal works and 4acilities of said City, which shall be sufficient to pay the principal of an interest upon said bonds as and when the same become .due and payable, and which shall be set aside as a special fund and is hereby, pledged for that purpose, Thie bond rs not a general obligation of said City nor payable in any manner by taxation or from other funds, Said City covenants it will fie ouch rates for the services of its muniaipal aew- age disposal works and facilltles and will collect and account for income and revenues therefrom sufficient to promptly pay the prlnolpal of and ln- tereat on this pond the aeries of which it is one, and any additional bonds as may from time to time be outstanding ranking on a parity there- with as the same will become due, The City of Dubuque reserves the. right to call and redeem bonds of this issue numbered 601 to 1560, in- clusive prior to maturity in whole, or from time to time in part is the in•, verse order of their numbering, on' November 1, 19fi9, or on any interest payment date thereafter, upon terms of par and accrued interest to the re- demption date. Notfce of any such re- demption as aforesaid, identifying the bond or bonds to be redeemed, shall be published at leant once not leas than thirty (30) days prior to the redemption date in a newspaper of general circulation throughout the State of Iowa, All oY such bonds as to which said Clty reserves and exer- cises the right of redemption and as to which notice as aforesaid shalt have been given and Eor the redemption of which funds are duly provided, shall cease to bear interest on the redemp- tion date, This bond is fully negotiable but may be registered as to principal only In the name of the holder on the books of said City in the office of its Ctty Treasurer, such registration to be evidenced by notation os the back hereof by the Treasurer, after which no transfer shall be valid un- less made on said books and similarly noted hereon, but it may be dis- charged from such registration by be• ing transferred to bearer, after which 1t shall be transferable by delivery but it may be again registered as before. Tlaa ++giatratlon of this bond as to principal shall not restrain tfie nega• tiability of the coupons by delivery merely. It is Hereby Certified, Recited and Declared that all seta, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of bonds of which it is one, have ealated, have happened and have been per- formed to due time, Yorm and man• nor as required by law, and that the issuance of this bond does not ex. eeod or violate any constitutlona] or statutory limitation or provision and that a sufficient amount oP the in- come and revenues of said municipal sewage disposal works and facilltles of said Clty has been pledged to and wilt be set aside into said special fund by said City for the prompt payment of the principal of and lntereat on this bond and the series of which it is one, IN TESTIMONY WHEREOF sa[d City o4 Dubuque, by lta City Council has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signatures of the said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their own proper signatures their respeefive fascimile signatures appearing on said coupons, this first day of November, 196T. Mayor Atteati City Clerk No. (Form at Coupon) On the first day of -, $9-, the City oP Dubuque, Iowa, will pay to bearer Dollars (' )out of the special fund provided therefor, at the of- fice of the City Treasurer, Dubuque, Iowa, as provided in and for seml• annual interest then due on fts Sewer Revenue Bond, dated November 1, 1957, No, Mayor Attest; City Clerk On the back of each bond there shall be printed the certificate of the Clty Treasurer in the fallowing form: The Issuance of this bond has been duly and properly registered in my: office as of the First day of Novem. bar, 1957, Treasurer of the City of Dubuque" (Form for registration to be printed on back of each pond) Date of In Whoso Signature of Registration Name L`ity Treasurer Registered Section 4. That said bonds shall ba signed by the Mayor and attested by the City Clerk and scales lvith the corporate seal of said City and the lntereat oa sajd bones Ahall h® 9v1• T Special Session, October 17, 1957 397 danced by coupons attached thereto, which shall be executed with the fao- simile signatures of said Mayor and City Clerk, and said officials by the execution of said bonds shall adopt as and for their own proper aigna- turea than facsimile signatures on said coupons, When and as executed said bonds shall be delivered to the City Treasurer to be by him duly reg. istered as to issuance as provided by law; and said Treasurer shall sign the certif[cate hereinbefore set out in Section 3 and endorsed upon the back of each bond and shall thereupon de- liver said bonds to the purchaser thereof, upon payment of the pu~- chase price, same being at least par and accrued interest, and all action heretofore taken in connection with the sale oY said bonds is hereby rati- Pied and confirmed in ah respects, The proceeds received by the sale of said bonds, exclusive of accrued in- tereat, shall be applied to defraying the cost of constructing said ,addi- tional sewage works and facilities as referred to in the preamble hereof, Section 6. That upon the issuance of the bonds hereby authorized and thereafter eo long as any of said bonds or any bonds ranking on a parity therewith are outstanding the muniei- pal sewage disposal works and faeili- ries of said City of llubuque shall be operated as a revenue producing and self liquidating undertaking and the revenues derived from the rates and charges for sewer services furnished by and through said Works and facili- ties shalt be set aside into a separate special fund to be used (1) to pay the reasonable expenses of operation, repair and maintenance of the works and f&cilities; (8) to pay when due the interest on and principal of the bonds hereby authorised and any bonds ranlting on a parity therewith from time to time outstanding; and (8) to accumulate and maintain a margin of safety and reserve for the payment of said bonds and interest thereon, There is hereby created a special fund into which there shall be paid each month from said revenues. the oP rationf•repaire asndamaintenance of the municipal sewage disposand said and facilities of said City; special fund shall be used and dis- bursed .only for that purpose. There is hereby oreated a special Lund (hereinafter sometimes referred to as the "Sinking Fund") into which there shall be paid all or such portion of the balance of said earnings as shall be sufficient to pay the interest upon and principal of the bonds here- by authorized and such additional asnmaya benasaued andttoutstanding ' from time to time under the restric- tiona and conditions specified in Sec. tion 9 hereof as the same become due, and it is hereby determined that the minimum amount so to be paid Into said Sinking Fund during the periods 1 ofteach year shall be n t lessethan as follows: A sum equal to 100%u of the princi- pal of all oY said bonds maturing on the November 1 next succeeding, plus a sum equal to 100%a of the interest becoming duo on and prior to Novem- bar 1 next succeeding on all of said tiltstherenhasnbeenraccuemul teduin such Sinking Fund as a reserve an ymo~noneghelbondstthen outstanding, the amounts to be so set apart and and int aleatinste0ad offiOU%o; and prof vided also, that no further payments need be made into Bald Sinking Fund when and so long as the amount therein to suttleient to retire nil of said bonds then outstanding and to pay all interest to become due there- un prior to such retirement, If and to whatever extent additional bonds are issued ranking on a parity with the bonds herein authorized un- der the conditions set forth in Section 9 of this ordinance, provision shall be made for increasing such payments into a a i d Sinlting Fund to meet maturing installments oY principal of and interest on such additional bonds and to create and maintain a reason- able reserve therefor, All sums received as accrued inter- est in the issuance and sale of the bonds hereby authorized shall be pall into said Sinking Fund so as to meet the payment of the intei•eat then ac- crThe oamtounto by hwhich asny ranch payment in any Year esceadable item gregate amount properly p Y' said fund in such year shall be held in said Sinking Fund as a reserve for contingencies and used solely as here- in provided. If fn any year the City shad for any reason fail to pay Into said Sinlting Fund the full amount above stipulated; then an amount equivalent to such deficiency shall be set apart and paid into said fnnd from the first available revenues of the following year or years, as the case may be, and same shalt be in addi- tion to the amount otherwise herein provided to be so set apart and paid during such succeeding year or years. If for any reason the Clty shall tail to make any ouch payment Into said Sinking Fund, as aforesaid, during any such year, any sumo then held as usedsforetherpayment of any portion nt the interest an or principal of said bonds as to which there would other wise be default, but such reserve shalt be reimbursed therefor from rho first available payments made into the Sinking Fund in the following year or years in excess of the required paY• ment for the then current year, Such annual payments provided to be made into said fund preceding each November 1 shall be made In equal monthly installments on or before the first day of eaoh month, except that be ea Sunday tod~~ legal h lid y, then such payments shall be made on the next succeeding secular day, Such Sinking Fund shall be used solely and only and le hereby pledged for the purpose oY paying the principal of and interest an the bonds herein author- ized to be issued and additional bonds ranking on a parity therewith as may be issued and outstanding from time to time, and for no other purpose. All money held in said Sinking Fund shall be deposited in banks and all such deposits exceeding $10,000 in any one bank shall be continuously se- cured by a valid pledge of direct obll- ment shavings anniequivalent Omarket value or may be Invested in direct obligations of the United States aov ernment; provided, however, that Bale shall be made of a sufficient amount of such obligations in the event that It shall prove necessary to draw upon said reserve so invested. Section 6. The rates for all services rendered by the municipal- sewage diaposai works and facilities of said City shall be equitable,. reasonable and lust, taking into account and con- sideration the cost and value of sold works and facilities and the cost of maintaining, repairing and operating the same and the proper and neees• sary allowances for depreciation there- of and the amounts necessary for the retirement of all outstanding bonds and the accruing interest on all such bonds, and there shall be charged such rates and amounts as shall be ade• anal tl ea U ec^dinti reactions hereurthis i. I 398 Special Session, October 17, 1957 rn eo rar as consistent with the laws of the State of Iowa said City agrees that so long as my o[ the bonds hereby authorized or any bands ranking on a parity therewith remain outshend:ng it will keep prnpar books oP record and aecoi?n~, ,;annrnte from all rather wnuicipal recnt'ds cad F,e- emmt^, rhnwing complete and cor- rect ontr•iea of all ttaneac5inns relat- ing to its munlemll vage di~pneal wa'ts and facil ~~~es and that the hoders of ni?'y of said b^nds r•hall hav' tl P tig`tt at .II reasonab!a times to insneet the wndss and farili+~es and all records; accanns and data re]^ting thereto. It is hereby represented and certi- fied that pursuant to Ordinance No. 35.57 adopted April 15, 1957, by the Council of said City, just and eqult~ able rates, ehacges m• rentals for the use of and service rendered by the municipal sewage disposal works and faoilities oY said City have been es• tablished and era being- collected by said City for services furnished by and throug'n said works and facilities and that copies oP ouch rates, charges and rentals will be continuously on file in the office of the Clty Clerk'of said City which shall bo open to in- spection by all parties interested. The schedule of rates, charges and rentals shall at all times be adequate to pro• duce gross revenues and income from said works and facflitiea to paq the expenses of operation, repair and maintenance thereof and leave a bal- ance of net revenues and income suf- ficient to make the prescribed pay- ments into the Sinking Fund, as here~ inbefore set forth, and-such schedule shall be revised, changed and read- justed whenever necessary so that the aggregate of. the rates or charges will be sufficient for such purposes. Alt rates or charges iP not paid when due shall constitute a lien upon the premises served by such works and faelllties and shall be collected in the same manner as taxes, Soution 7. The City oY llubuque hereby convenants and agrees with the holder or ltolders oP the bonds herein authorized to be issued, or any of them, that it will faithfully and punotually perform all duties with re• ference to the municipal sewage dis• posa] works and facilities oP said City required by the Constitution and laws of the State rof Iowa, including the making and collecting oP reasonable and sufficient rates for cervices rend- ered by said works and facilities, and wiilaegregate the revenues there from and make application thereof eonsis• tent with and as contemplated and provided by this ordinance; and said City hereby irrevocably .covenants, binds and obligates itself not to sell, lease, mortgage or in any manner dis- pose of any integral part of said worlca and facilities, including any and all ap• purtenancea thereto and extensions and additions that may be made there- to, until all the bonds herein author- ized to be issued and any additional bonds ranking on a parity therewith shall have been paid in Pull, both prin- cipal and interest, or until legal and sufficient. provision for such payment shall have been made, and further covenants and agrees with the holders of said bonds to maintain in good condition and continuously operate said works and facflitiea and appur• tenanees and to charge and collect such rates and charges for services rendered thereby so that the gross re- venues will be sufficient at all times to provide for the payment of the operation, repair and maintenance of said works and facilities and leave net amounts to be paid into the bond and #pterest redemption fund as provided herein. The City of Dubuque hereby further covenBents and agrees that so long as any or said bonds era outstanding 1~ will keep all buildings and all ma• chinery and equipment therein con. stituting a part of the municipal eew• age disposal works and facilities in• cured against lose or damage by fire, lightning, w[ndstorm, flood and col• lapse under a policy or policies of a responsible insurance company or companies authorized and qualified under the laws oY the State of Iowa to assume such risks, Coverage of such insurance shall be for the Pull amount of the insurable value, sub• feet to the deduction from any loss or damage (except in case of a total leas) of not more than five percent of such insurable value, and further covenants and said Clty agrees in like manner to carry public habili[y and property damage insurance eov ering such risks and for such amounts as the City Council of said City deter. mines from time to time to be neces- sary or advisable by reason oY the character and extent of the operate tiona of the works and facilities, Section 8. That any holder of Bald bonds or oY any oY the coupons may either at law or in equity, by suit, action, mandamus or other proceed- ings protect and compel performance of all duties imposed or required by this ordinance or the law pursuant to which said bonds are to be issued, in- cluding the making and collection of sufficient rates and the segregation of the Income and revenues and the application thereof. Section 9. The bonds hereby author- ized and from time to time outstand- ing shall not be entitled to priorly or preference, one over the other, in the application of the net earnin@e of said works and facilities, regardless pf the time or times of the issuance of such bonds, it being the intention that there shall be no prlorly among the bonds authorized to be issued un- der this ordinance regardless oP the fact that they- may have been actual. ]y issued and delivered at different times. Said City hereby covenants and agrees that eo long as any of the bonds tssued pursuant to this ordl. Hance are outstanding and unpaid no other bands or obligations pa able from the earnings of the municipal sewage disposal works and facilities of said City will be issued except up• on the basis of such additions] bonds or obligations being subject to the priority as to security and payment of the Sewer Revenue Bonds then out• standing under the provisions of this ordinance; provided, however, tfiat said City of Dubuque hereby reserves the right and privilege of issuing ad- ditional bonds from time to time pay able atom the same source and ranlt• ing on a parity with the bonds here- in authorized or permitted to be is• sued as may be then outstanding in order to pay the cost of additional sausage works and facilities or im• provements and extensions to the mu• uicipal sewage disposal works and fa• cilities, but that before any such ad- ditional parity bonds are issued there will have been procured and filed with the City Clerk oY said Ctty a statement by an independent engineer uct in the regular employ of the City and not otherwise interested in the construction. oP the works and fa- cilities, or any part thereof, or the construction of improvements ar ex- tensions to the municipal sewage works and facilities, reciting the es- timate based upon necessary investi• gaticns that the net annual revenues oP the municipal sewage disposat works and facilities oY said Clty, in• eluding any then contemplated im• provements ar extensions, throughout the life of the Sewer Revenue Bonds herein authorized to be issued which are then outstanding, will be equal to at least one and one-third times the maalmpm amount that will be• Special Session, October 17, 1957 399 come due to any calendar year for both principal of and interest on the bonds then outstanding under this or. dinanee and the bonds then proposed to be issued which mature prior to the last maturity of any bonds then outstanding under the terms oP this ordinance, and provided also that the interest payment dates for any such additional bonds shall be semiannually on' May 1 and November 1 of each year, and the principal maturities of such additional bonds shall be on November 1 of the year in which any of such ..principal is scheduled to be- come due, and provided also, that at the time the City issues any such ad• ditional bonds it has entered into written contracts for the immediate acquisition of substantially all of the necessary materials for the works and facilities to be constructed or acquired through the application of the pro• seeds of such additional bonds. The terms "net earnings" or "net revenues" are defined as gross rev enues less operating expenses which shall include salaries, wages, cost of maintenance and operation, matey rlals and supplies and insurance, as well as al] other items as are nor- mally Included under recognized ac- counting practices, but shall not in- clude allowance for depreciation in the value of physical properties, Section 10. The provisions of this ordinance shall constitute a contract between the City of Dubuque and the holders 'oP the bonds herein authorized to be issued, and after the issuance of any of the bonds no change, vari- atton, or alteration of any kind of the provisions of this ordinance shall be made until such time as alt of said bonds issued hereunder and the in- terest thereon have been paid ih fulh Section li, TP any section, pare- graph, clause or.provision of this ordi• Hance shall be held invalid, the in• validity of such section, paragraph, ,clause or provision shan not affect 'any oY the remaining provisions of this ordinance. Section 12. All ordinances, resolu- tions and orders or parts thereon in confllnt with the provisions of this ordinance are, to the extent of such conflict, hereby repealed, Passed and approved October 17, 1957. Charles E. Dove Mayor Clarence P. Welty All .. 24th, 1957, - 19th, 1957, Published officially in the Telegraph Herald Newspaper this 24th day of October 1957. Leo F. Frommelt, City Clerk 1 t. 10.24 Councilman Welu moved the adoption of the Ordinance, Second- ed by Councilman Schueller. Car- 17ed by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. .Nays-None. Whereupon the Mayor declared said Ordinance duly passed and adopted and signed his approval thereto. Councilman Welu moved' that the certified checks submitted with the bids be returned to the unsuccess- ful bidders, Seconded by Council- man Kolb. Carried by the follow- ing vote; Yeas-Mayor Dove, CouncIlmen Kintzinger, Kolb, Schueller, Welu. Nays-None...: Communication of Iowa State De- partment of Health. issuing permit Na. 57.160•S, for the construction of 3,981,33 feet of eight inch sani- tary sewer on Ramona and Adoltne streets, presented and read. Coun- cilman Welu moved that the com• munication be received and filed~ Seconded by Councilman Kolb• Car- ried by the following vote: Yeas-Mayor Dove, Councllmen Kintzinger, Kalb, Schueller, Wehi. Nays-None. Iowa State Highway Commission October 11, 1957 City Clerk, Dubuque, Iowa- Dear Sir; Attached are copies of resolutions passed by the state highway com- mission on' October 2, 1957,. cover- ing the designation of'location of primary roads in Dubuque, Yours every truly John G. Butter Chief Engineer Maintenance Form 488, 12.1.54 Adopted .............. . Resolution revising P r i m a r y Road 'Extension, and providing cor- rected description of Primary Road Extension, Be It Resolved by the Iowa State Highway Commission that the Ex- tensioh of Primary Road No, 67, in the City. (Town) of Dubuque, Du• buque County, be revised as fol- lows; Remove the extension of Primary Road No• 67 from streets or roads as follows; Beginning at the south corpora- tion line connecting with Rockdale Road. Thence in a northerly direction on Rockdale Road to a point ap- proximately r/a mile north of the intersection of Rockdale Road and Grandview Avenue. Locate the Extension of Primary Road No. 67 on streets or roads as follows; Commencing on an unnamed street at the south corporation line; 400 Special Session, October 17, 1957 Thence northerly on said un- named street to Rockdale Road at a point approximately ~/a mile north of the intersection of Roek- :dale Road and Grandview Avenue, Be It Further Resolved that the description of the Extension of Primary Road No: 67, in the City (Town) of Dubuque, Dubuque Coun• ty, as described in the Commission minutes of September 7, 1943 is hereby rescinded and the attached description is adopted therefor. Maintenance Form 488, 12.1.54 Adopted ..... . ....... Resolution revising P r i m a r y Road Extension, and providing corrected description of Primary. Road Extension. Be It Resolved by the Iowa State Highway Commission that the Ex• tension of Primary Road No. 52, in the City (Town) of Dubuque, Du- buque County, be revised as fol- lows; Remove the Extension of Pri- mary Road No. 52 from streets or roads as follows: Beginning at the south corpora- tion line connecting with Rockdale Road. Thence in a northerly direction on Rockdale Road to a point ap• proximately ~/a mile north of the in- tersection of Rockdale Road and Grandview Avenue. Locate the Extension of Primary Road No. 52 on streets- or roads as follows: Commencing on an unnamed street at the south corporation line: Thence northerly on said un- named street to Rockdale Road at a point approximately 1.8 mile north of the intersection of Rock- dale Road and Grandview Avenue. Be It Further Resolved that the description of the Extension of Primary Raad No. 52, in the City (Town) of Dubuque, Dubuque Coun- ty, as described in the Commis- sion's minutes of November 23, 1949 is hereby rescinded and the attached description is adopted therefor. Maintenance Form 488, 12.1.54 Adopted ... , ....... . Resolution revising P r i m a r y Road Extension, and providing corrected description of Primary Road Extension. Be It Resolved by the Iowa State Highway Commission that the Ex- tension of Primary Road No. 61, in the City (Town) of Dubuque, Du- buque County, be revised as fol- lows: Remove the Extension of Pri- mary Road No. 61 from streets or roads as follows: Beginning at the south corpora- tion line connecting with Rockdale Road. Thence in a northerly direction on Rockdale Road to a point ap• proximately ~/a mile north of the intersection of Rockdale Road and Grandview Avenue. Locate the Extension of Primary Road No. 61 an streets or roads as follows: Commencing on an unnamed street at the south corporation line; Thence northerly on said un- named street to Rockdale Road at a point approximately VS mile north of the intersection of Rock- dale Road and Grandview Avenue. Be It Further Resolved that the description of the Extension of Primary Road No. 61 in the City (Town) of Dubuque, Dubuque County, as described in the Com• ptission's minutes of November 23, 1949 is hereby rescirded and the attached description is adopted therefor. Maintenance Porm 488, 12.1.54 Adopted ....... , .. . Resolution revising P r i m a r y Road Extension, and providing cor- rected description of Primary Road Extensiou. Be It Resolved by the Iowa State Highway Commission that the Ex- tension of Primary Road No. 151, in the City (Town) of Dubuque, Du- buque County, be revised as fol- lows: Remove the ~Extensian of Primary Road No. 151 from streets or roads as follows: Beginning at the south corpora- tion line connecting with Rockdale Road, Thence in a northerly direction on Rockdale Road to a point ap• proximately ~/s mile north of the intersection of Rockdale Road and Grandview Avenue. Locate the Extension of Primary Road No. 151 on streets or roads as follows:. _x Special Session, October 17, 1957 401 Commencing on an unnamed !street at the south corporation line; Thence northerly on said un• named street to Rockdale Road at a point approximately '/a mile north of the intersection of Rock- dale Road and Grandview Avenue. Be It Further Resolved that the description of the Extension of Pri- mary Road No. 151, in the City (Town) of Dubuque, Dubuque Coun- ty, as des~cri~bed in the Commis- sion's minutes of Nov. 23, 1949 is hereby rescinded and the attached description is adopted therefor. Councilman Welu moved that the catnmunication and resolutions be received and made a matter of record, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays None. Communication of a group of res- idents of Cherry street a'bjecting to the break in the newly paved street, as the result of a caved-in sewer, presented and read. Coun- cilman Kolb moved that the com- munication be received and filed, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen (Kintzinger, Kolb, Schueller, Welu, Nays-None. Communication of R, B. Hannan stating that he would be interested in acquiring City owned property described as Lot A of Lot 1 of 1 of M, L, 179, that part of Lot 5 of M, L. 179A (also known as that part of Lot 5 of M,L, 179) lying south of Rosedale Avenue (now known as North Grandview Avenue) and that part of Rosedale Avenue lying west of Auburn street and contiguous to Lot "A" of Lot 1 of Lot 1 of M. L. 179, presented and read. Council- man Welu moved that the com- munication be referred to the City Manager to procure proper ap- praisal, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of M. V. Bradley of 515 S. Grandview Ave, stating that he would like to matte an offer on Lots 29 and 30 Rosedale Addi- Lion, Lots 125 and 126 in Woodlawn Park Subdivision and that part of ,Atlantic street lying west of the aforesaid lots, presented and read. Cotmcilman Welu moved that the communication be referred to the City Manager to procure a proper appraisal. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. October 17, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Tower Street from East 6th Street to Lot D of Booths Subdivi- sion, aparcel of land 60 feet by 130 feet, and the alley between Block 32 Dubuque Harbor Com- pany Addition and Black 1 Booths Addition from Bell Street to Tower Street, a parcel of land 30 feet by 300 feet, has been vacated and the petitioners ask that the prop- erty ~be deeded to them. As has been the policy of the City Councll in the past, property of this type has been appraised and the property has been sold at a price not below the appraised price. The appraised price of that portion of vacated Tower Street is $1950,00 and the appraised price of the vacated alley is $450.00. This information has been transmntted to the Fischer Realty Company so that they may offer to purchase this property if they desire. 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-None. October 17, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Since the establishment of Flora Park as a public park, the City of Dubuque has been negotiating with Frank Raska for the purchase of his property located within the area bounded by the park along 402 Special Session, October 17, 1957 Pennsylvania Avenue. This prop- erty is now used as a private slaughter house, The location of a slaughter house within the boundary of a city park and in the residential section of the City is very undesirable. This of course was a non conforming use of this property because it was used as a slaughter house when it was annexed to the City. Mr. Raska and I have arrived at a price and the attached Option has been signed by bath parties. This Option calls for a purchase price of $65,000.00, The property has been appraised by the Du- buque Real Estate Board .and all of the equipment and the packing plant appraised by a responsible equipment contractor. The total appraised price of the property and the equipment is $58,733.00. This does not include the value of the lease and moving expense in connection with moving from the residential and also from the slaughter house property, I feel as though $6,267.00 is a reasonable amount to allow for. this purpose and is in line with the purchase of other properties in the City such as for the construction of our parking lots. We have at the present time ap- proximately $52,000AO left from the contribution of the Walhert Foundation to purchase any land that is needed for the expansion of Flora Park, This would leave a balance of $13,000.00 to be paid far from some other city fund.. I recommend that the $13,000.00 be paid out of the Capital Improve- ment Fund as there is adequate balance in this years budget. Very truly yours, L. J. SCHILTZ, City Manager Councilman Kolb moved that the purchase and recommendation of the City Manager be approved, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. October 17, 1957 Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The petition of A. G. Reuschel and others requesting the installa- Special Session, October 17, 1957 403 tion of a street light in the neigh- Yeas-Mayor Dove, Councilmen Yeas-Mayor Dove, Councilmen borhood of 1900 Hale Street was Kintzinger, Kolb, Schueller, Welu, Kintzinger, Kolb, Schueller, Welu. referred to the City Manager and Nays-None, Nays-None. Electrical Inspector for investiga• tion and report October 17, 1957 Notice of claim of Wolverine In- . Upon investigation of the street To the Honorable Mayor and City Council surance Co., in the amount of $20, lighting conditions on Hale Street Dubuque Iowa as the result of damage to a car between Grandview Avenue and , Gentlemen; owned by Charles M. Alleri, one of North Algona Street, it was deter- The re nest of the Illinois Cen- q their insured, due to the tarring of a parking lot and spraying tar mined that the following changes should be made: tral Railroad requesting permis• and cement on the car sometime The light an Pole 207.813) be sion to excavate in First Street for during September 1957, presented moved one pole east to 207.812A the purpose of installing a gas and read, Councilman Kintzinger , That a new light be installed service connection was referred to moved that the claim be referred on Pole 207-813G which is at the the Cit Council and Cit Mana er y Y g to the City Solicitor for investiga- break of the hill and would give for study, t this I i f th f t th tion and report. Seconded by Caun- better lighting in both direc- n v ew o e ac a Street was constructed in 1956, Gilman Kolb. Carried by the fol- lowing vote: tions. I recommend that the City Coun~ and carries considerable truck traf- Yeas-Mayor Dove, Councilmen Gil approve these reeonunenda fic which detoriates the street sur- Kintzinger, Kalb, Schueller, Welu. - tions face faster than normal, I ream- Nays-None. , Respectfully submitted, mend that the Council deny this request. A street excavation can Proof of Publication, certified L, J. SCHILTZ, not be resurfaced to hold up like to by the Publisher, of official No• City Manager,. ' the original jab, tice of Public hearing on Ordi- Councilman Kolb moved that the Connections could be made at nonce No. 55-57, An Ordinance va- recommendation of the City Man- ' other locations by installing alit- Gating and conveying Lot A of ager be approved. Seconded by tle more pipe. Black 16 Dubuque Harbor Im- Councilman Iintzinger. Carried by Respectfully submitted, provement Company Addition to the following vote: L, J. SCHII,TZ, Thomas J. Mulgrew Company, pre• Yeas-Mayor Dove, Councilmen City Manager seated and read. Councilman Kintzinger, Kolb, Schueller, Welu. Schueller moved that the proof of Nays-None. Councilman Welu moved that publication be received and filed. October 17, 1957 the recommendation of the City Seconded by Councilman Kolb. Car- lo the Honorable Mayor Manager be approved. Seconded by rigid by the following vote; and City Council Councilman Kolb. Carried by the Yeas-Mayor Dove, .Councilmen Dubuque, Iowa following vote: Kintzinger, Kolb, Schueller, Welu. Gentlemen: Yeas-iVlayor Dove, Councilmen Nays-None. The petition of H A Bischoff Kintzinger, Kolb, Schueller, Welu. October 9, 1957. . . and others requesting the installs- Nays-None. Notice of claim of Patricia E. The Honorable Mayor and City tion of a street light at the inter- Milks, 882 Cleveland Ave,, in the Council of the City of Dubuque, section of State Street and the al. amount of $8,95, for damage to City Hall, ley of State Street formerly known a bug screen on her car as the re- Dubuque, Iowa as Dillon Street was referred to cult of striking a dip in the street Gentlemen: the City Manager and Electrical at Loras and Bluff, on September The undersigned hereby with- Inspector for investigation and re• 20, 1957, presented and read, draws its request incorporated in port, Councilman Kolb moved that the a letter dated August 26, 1957 that Upon investigation of this rep claim be referred to the City So• the City of Dubuque vacate that quest, it was found that a street licitor for investigation and report, Portion of Terminal Street on the light at said location would be Seconded by Councilman Schuel- west side of a straight line drawn practical and would increase the ler. Carried by the following vote; between the southeast corner of lighting greatly in this section. Yeas-Mayor Dove, Councilmen the bridge pier and the northeast I recommend that a light be in• Kintzinger, Kolb, Schueller, Welu, corner of the Thomas J, Mulgrew stalled on Pale 207.894G or 207 Nays-None. Co.'s icehouse. 894F whichever location would be Notice of claim of Paul' C. Rich- The consideration and attention more practical from a construction ard, 98 Princeton Place; in the that you have already given this standpoint. amount of $5,00, for damage to his matter is deeply appreciated, It Respectfully submitted, car as the result of striking a man- has developed that the. vacation of L, J. SCHILTZ, hole cover on Devon Drive, on Oc- Terminal Street as was requested, City Manager tober 11, 1957, presented and read. is not necessary, Councilman Kolb moved that the ', Councilman Kolb moved that the Respectfully submitted, recommendation of the City Man- claim be referred to the City Solic- Thomas J. Mulgrew Co., ager be approved, Seconded by itor for investigation and report. By D. P, Cooney Councilman Kintzinger. Carried by Seconded by Councilman Schuel- Clewell, Cooney & Fuerste the following vote: ler, Carried by the following vote: Its Attorneys. 404 Special Session, October 17, 1957 Councilman Kolb moved that the comrunication be received and made a matter of record, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0.55.51 An Ordinance vacating and con• veying Lot A of Block 16 Dubuque Improvement Company Addition to Thomas J, Mulgrew Company, previously introduced and read at the meeting of September 20,1957, presented for Final Adoption, ORDINANCE N0.55.57 Whereas, Thomas J. Mulgrew Company, as owner of the abutting property, has petitioned the City Council to vacate the hereinafter described portion of Terminal Street and convey the same to said petitioner; and Whereas, said petitioner has pre- pared and submitted for Council approval a plat of the area to be vacated assigning the designation, Lot A of Block 16, Dubuque Har- bor Company Addition thereto which plat is now on file with the City clerk; and Whereas, the Planning and Zon- ing Commission has recommended approval of said request; and Whereas the City Council, at a public hearing held October 17th, 1957, has determined that it is in the best public interest that said hereinafter described portion of Terminal Street be vacated and conveyed to the petitioner upon the payment of the purchase price hereinafter established; Now Therefore, Be It Ordained by the City Council of the City of Dubuque: Section 1. That the following de- scribed portion of Terminal Street in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated, to•wit: Commencing at the northeast corner of Block 16 of Dubuque Harbor Company Addition, which is the southwest corner of the intersection of Dodge Street and Terminal Street, thence north 83° 1T east 13.72 feet, thence south 6° 43' east 172.73 feet, thence south 83° 17' west 5,3 feet, thence north 9° 30' west 172.92 feet to the point of beginning; Section 2. That the plat of said vacated portion of Terminal Street prepared by Carl F. Bartels, dated September 18,1957 be and the same is hereby approved and the Mayor and City Clerk authorized and di• reeted to endorse the approval of the City of Dubuque thereon; Section 3. 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 in and to said vacated portion of Terminal Street, to be hereafiter known as Lot A of Block 16, Dubuque Harbor Company's Ad- dition, to Thomas J, Mulgrew Com- pany, and deliver the same upon receipt of the payment of the sum of $400.OD; maximum amount to be determined by Real Estate Board appraisal, Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Ordinance in the office of the County Recorder of Dubuque County, Iowa, Section 5. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 20th day of Sep- tember, 1957, Rule requiring reading on three separate days suspended by unani- mous vote the 20th day of Septem- bar, 1957. Passed by recorded roll-call vote, adopted and approved this ...., day of ............. . 19 . , Mayor ................................. Councilmen Attest :...... .... . ...... . ... . City Clerk Councilman Welu moved that the Ordinance be not adopted due to the request of the petitioner. Seconded by Councilman Kalb. Car• rigid by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, NOTE: This Ordinance was not adopted therefore not published. Petition of Garland Findley et al, requesting the installation of a Special Session, October 17, 1957 411 street light an Clarke Drive be- tween St. Ambrose street and Bun- lter Hill. Road,. presented. and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. See- ond'ed by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Iintzinger, Kolb, Schueller; Welu. Nays None. Petition oJrCharles W. Krueger; requesting a refund of $lOb on the unexpired portion of Class B beer license No. 13, as he has discon• tinned business as of October 6, 1957, presented and read. ~Council- man Kolb moved that the refund be granted and. the Auditor in• structed to deaw a warrant, pay- able to Charles. W. Krueger' in the amount of $100 to cover the amount due on the unexpired portion of Class B beer license No.13. Second• ed by Councilman Schueller. Car- rigid by the following. vote: Yeas--Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Charles W. Krueger, requesting a xefunrf of $50 on the unexpired portion. of cigarette li• eense No: 215, as he has discon• tinned' business as~~ of October 6, 1957, presented and read. Council• man Kolb moved that the refund begranted and the Auditor in• structed to draw a warrant, pay able to Charles W. Krueger in the amount of $50 to cover the amount due.. on the unexpired portion of cigarette license No. 215. Seconded by Councilman Schueller. Carried by the fallawing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition. of Betty Leib, requesting a refund of $100 on the unexpired portion of Class B ;beer license No, 26~Y as she has. ~~scontinued busi- ness as of October 17, 1957, pre. sented and read. Councilman Kolb moved that the refund be granted and the Auditor instructed to draw a warrant, payable to Betty Leib in the amount of $140 to cover the amount due on the unexpired por- tion: of Class B beer license No. 26. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dave,. Councilmen Kintzinger, Kolb, Schueller,. Welu: Nays-None. October 9, 1957 To the Members of the City Council Dubuque, Iowa. Gentlemen:. We have this date canvassed the petitions for nominations for Municipal officers to be voted on at the Municipal Erection to be held on November 5, 1957, on file in the office. of the City Clerk at the close of the business day on October 8, 1957,. and find said can vass as the following: Offices for Which A Primary Eiecfion Is Required Councrlmen- N o m i n e e s, Donard Bxiggs, George A. Freund, Richard C. Ilenscliel, Ray F, Korb, Louis Schal- lei, John Ley Schroeder, Leo 1V. Schueller; Peter J. Takes, Office For Which No Primary Election Is Required Park Commissioner Nominee: Arthur M. Bennett. Respectfully submitted this 9th day of October A, D, 1957. CHARLES E. DOVE Mayor LEO F. FROMMELT City Clerk. Councilman Kolb moved that the communication be received and made a matter of record. Seconded by C'ounciI'man Welu. Carried by ttie following vote; Yeas-Mayor Dave, Councilmen Kintzinger Korb, Schueller, Wela.. Nays-~-None. RESOLUTION NO. 2114--57 Resolution providing fora Mu- nicipal Primary Electron in the City of Dubuque, Iowa on October 22, 1957 and directing publication of Notice thereof. Whereas the Mayor and City Clerk have made their repast of the results of their canvass of the petitions far nomination of per• sons desiring to become candidates at the Municipal Election to be held. November 5, 1957; and Whereas it appears from said report that mare than twice the number of candidates have quali- find as such for the office of City Councilman. that may be elected to said office and that a Municipal 406 Special Session, October 17, 1957 Special Session, October 17, 1957 407 Primar Election is re uired to Y q Section 4. That the Cit Clerk Y Endsley, Judges-Mrs. Kay MC• City of Dubuque, Iowa, to be held on 1957, From the 5th day of November be held to determine the nominees shall have the ballots for absent Evoy, Mrs, Emma Osborn, Mrs, , seven o'clock A. M. to eight o'clock for said office in accordant with e voters prepared in accordance with GerieVIEVe S1SS10n, P. M, there will be submitted to the electors of said tit to be b them Y R the laws of Iowa; the Laws of Iowa applicable there- Fifth Precinct: Clerks-Mrs, voted upon, the proposition of wheth• Now Therefore, Be It Resolved to. Mar Burd Mrs. Ruby SteUCk, Y ' er daylight saving time should be oh- served annuany in the city of nu• by the City Council of the City of Section 5. That the City Clerk Judges-Mrs Evelyn Madden, Mrs, buque. Dubuque Iowa: is hereby directed to forthwith Grace Wright, Mrs, Blanche Hird, At said election voting machines i , Section 1. That a Municipal Pri- cause to be published in the- Tele• Sixth Precinct; Clerks-Mrs. L i F d M w ll be used and ballots prepared therefore wiu have printed thereon mar Election be had in the Ci Y tY graph-Herald, a newspaper pub- oa se ar' le, rs Iielen Scha Judges-Mrs. Margaret ward followln p forilonn in substantially the g of Dubuque, Iowa an October 22, fished within the City of Dubuque, . Olive Satterlee Schlegel Mrs tiv Q t t h vt rs n 1957 between the hours of 7;00 in proper form, the names of the ; , . Millie Cords Mrs o uo e o he question submi ~d pull down the lever above the word ' ~ o clock A, M, and 8:00 o clock P.M, to elect six nominees for the office candidates as the y are to appear upon the Municipal Primary Bah , . Seventh Precinct: Clerks-Mrs. Yes" For a negative vote, pnn down. the lever above the word "No".) of Councilman to succeed the three lot. No ballot shall have a pasty Loretta Gaff, Mrs. Alexia Hanley. Emma Van Vleet Judges-Mrs MEASURE BE AnoPTED? Shall th ~it f D b I Councilmen whose terms expire designation thereof, , . Mr Hubert Meissen Mr. Harr Y e u uque, Y o owa, observe Daylight Saving Time of one December 31, 1957; Passed, adopted and approved Hanley. flour per day from the las tsunday m April to the last Sunday in September Section 2. That said Election be this 17th day of October, 1957. Eighth Precinct; Clerks-Mrs, in each year, beginning with the last held in the several votin re- g P CHARLES E. DOVE s nn Hubbard, eber Mr . A Anna W sunaay in April, 1950? cincts of said City as heretofore Mayor Judges-Mrs, Jane Fuhrman, Mrs. The said a ection on saidaproposition determined by Ordinances of said CLARENCE P. WELD Agnes Hird, Miss Frances Heles. wnl.be held in the several electron City. The polling places within the RAY F, KOLB Ninth Precinct; Clerks-Mrs, precincts of said City, the boundaries of which shoo be as delimited by oral. respective election precincts shall LEO N. SCHUELLER Belle Leidinger, Mrs. Mildred Hance Numbered 7.52 of said City, The be as follows: CHARLES A. KINTZINGER Koehler. Judges-Mrs. Florence polling places within the respective election precincts will be as follows; First Precinct: Bryant School, Councilmen Benner, Mrs. Mayme Cassutt, Mrs. First Precinct-Bryant school, 1280 1280 Rush Streat. Attest: LEO F, FROMMELT Emma Hinz, Rush Street Second Precinct-Washington dun- Second Precinct: Washington Jr. City Clerk Tenth Precinct: Clerks-Mrs. Ave uieh school, 51 North Grandview High School, 51 N. Grandview Ave• Councilman Kintzinger moved Florence Powers, Mrs Loretta Third Precinct-Franklin school, 39 Hue. the adoption of the resolution. Sec Kammueller. Judges-Mrs. Anna Bluff Street. Fourth Precinct -County Court Third Precinct: Franklin School onded by Councllman Schueller. Kunz, Mrs, Elizabeth Fitzgerald, xouse, 7th street ~ central Avenue , 39 Bluff Street Carried by the folowing vote: Mrs. Lillian Fettkether. Fifth Precinct-Lincoln school, foal W . Fourth Precinct; County Court Yeas-Mayor Dove Councilmen Kintzinger, Kolb, Schueller, Welu. Eleventh Precinct; Clerks-Mrs. Ida Murray, Mrs. Hazel Kirkwood. Sixth~PreSncttNo, 4 Engine House, University Avenue & Atlantic street House, 7th Street & Central Ave- Nays-None. Judges-Mrs, Lucy Jaeger, Mrs. seventh Preeillet- city xau, 13th street & central Avenue Hue. Fifth Precinct: Lincoln School, Councilman Welu moved that Eleanor Pfiffner, Mrs. Hilda Kempter meigetst P~oiocu t st sets °f com• Ni th 1101 West Fifth Street. the following named persons be appointed to serve as Clerks and . Twelfth Precinct: Clerks-Mrs. n Precinct-18th street Engine xouse t Sixth Precinct: No 4 Engine Judges at the Primary Election to Minliie Recker, Mrs, Elsie Bottge. Ten h Precinct - central school, 15th & Locust streets House, University Avenue & At• be held October 22, 1957 and. also Judges-Mrs. Elizabeth Reavell, Eleventh Precinct-st, Pours Luth• oo1 00 ackso 9 r et e1 lantic Street. far the General': Municipal Elec- Mrs. Linda Grashorn, Mrs. Ida 1 P, e 15 ~ ~ ~ op Twe1£t School, Seventh Precinct: City Hall, 13th tion to be held on November 5, Biehl. Thirteenth Precinct; Clerks- 2540 Central Avenue Thirteenth Precinct - Holy Ghost Street & Central Avenue. 1957. Seconded by Councilman sohool, 2901 Central Avenue Eighth Precinct, Chamber of Kolb. Carried b the followin Y g Mrs. Freda Foell, Mrs, Mabel Ess• Fourteenth Precinct - Audubon school 535 Lincoln Avenue Commerce 9th & Locust Streets. vote:.. man. Judges-Mr. Charles Hauden- , Fifteenth Precinct-Marshall school, , Ninth Precinct: 18th Street En- Yeas-Mayor Dove, Councilmen Schield Mrs, Rose Gulick MTS. ~ Catherine McManus 1450 Rhomberg Avenue Sixteenth Precinct -Irving School, 2 _ gine House. Kintzinger, Kolb, Schueller, Welu, . ~ ' Fourteenth Precinct: Clerks- 52AOllPennsylvania Avenue qualified electors o£ said City Tenth Precinct: Central School, Nays-None, Mrs. Marjorie Bogue, Mrs. Amanda are hereby notified to appear at said election; each to vote at the polling 15th & Locust Streets. First Precinct: Clerks -Mrs. Millius, Judges-Mrs, Gladys Jan- n ct in which poTCi such a ec or eresd s Eleventh Precinct: St. Paul's Josephine 0 Brien, Mrs. Lillian sen, Mrs, Helene Winchel, Mrs, a a e , permitted by statute Lutheran School 2005 Jackson Jones. Judges -Mrs. Margaret Verona Argard. , This notice is given by order of the ' - .Street. Cannon, Mrs. Bernice.. McCauley, Fifteenth Precinct: Clerks-Mrs. city council of the city of Dubuque. Dated at Dubuque rowa thta 17th Twelfth Precinct; Fulton School, Mr. Harry Krakow. Minnie Lucas, Mrs, Helen Hah- , , day of October, 1957, 2540 Central Avenue. Second Precinct: Clerks-Mrs. Hecker. Judges-Mrs, Frances Crip- exARLES E. DovE Mayor of the City of Dubuque Iowa Thirteenth PTeelnet: HOIy Ghost Dorothy Kirchen, Mrs. Julia Heu- es Mrs, Lucille Gantert Mrs. P ' ' , Attest: School, 2901 Central Avenue, ser, Judges-Mrs. Valerie Link, ~ Helen Pa e. p LEO F, FROMMELT City Clerk Fourteenth Precinct: Audubon Mrs. Dorothy Kline, Mrs. Meredith H di Sixteenth Precinct: Clerks-Mrs. Councilman Kolb moved that the School, 535 Lincoln Avenue.' Fifteenth Precinct; Marshall ar e. Thud' Precinct:' Clerks-Mrs Meretta Donegan, Mrs, Helen Schetgen, Judges-Mr. Leo Siegert, Proclamation be made a matter School, 1450 Rhomberg Avenue, Vera McAllister, Mrs. Eunice Bil• Mrs. Ethel Hostetter, Mrs. Ethel of record, Seconded by Councilman Schueller. Carried by the following Sixteenth Precinct: Irving by. 3udges-Mrs. Anna Kingsley, ' Asmussen, vote; School, 2520 Pennsylvania Avenue. Mrs. John Rettenmeier, Mrs. Edna . MavoR's r Rocl.annarioN Section 3. That voting machines Wunderlich. Notice of Election Yeas-Mayor Dave, Councilmen shall be used for votin m said g Fourth Precinct: Clerks-Mrs. Dubuque, rowa Public notice is hereby given that at Kintzinger, Kalb, Schueller, Welu. Municipal Primary Election. Georgiana Millius, Mrs. Margaret the regular municipal election in the . Na S-Narie. . Y '~ ~~. 40$ Special 'Session, October 17, 1957 RESOLUTION NA. 210.51 Whereas, applications far Beer Permits have been submitted to this Council for aprovai :and the same +have been :examined: NOW, THEREFORE, BE IT RESOLVED by they City Council of the City of Dubuque that the following applications be ranted and flcense be issued upon the compliance with the terms of the ordinance of this City. CLASS "B" BEER PE'RM'ITS J, Russelt Evans, 29 Eighth Ave- nue. Robert M. Smith, 1563 Central Avenue. Passed, ,adopted and appraved~ this 1'7th day of October, 1957. CHARLES E, DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZIlVGER Couuncilmen Attest: LEO F. FROMMELT City ,Clerk Councilman Welu moved the adoption of the resolution. Seeond• ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 21L51 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 occupied by such applicants were inspected and found to comply with the ordinance of .this City' and they have filed a proper bond; ''. Now, Therefore, 13e It Resolved by the City Coun• cil of the City of Dubuque that the Manager be and he is directed to issue to the fallowing named ap- plicants aBeer Permit. CLASS "B" BEER PERMIT J. Russell Evans, 29 Eighth Avenue. Robert IVI, Smith, 1563 Central Avenue. Be ]t Further 'Resolved that the bands filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 17th day of October, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELIiER CHARLES A. KINTZIl~IGER Ceunc'ilmen Attest; LEO F. FROMMELT , City Clerk Councilman Kolb moved the adoption of the resolution, Second ed by Councilman Schueller. Car- red by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, 'Nays=None. .October 17, 1957 Ta th.e Honorable Mayor and City Council Dubuque, Iowa Gentlemen; Bid Section No. 1 of the Cat» fish Creek Sanitary Sewer has been completed with the exception of the installation of two thirty h~rse- power pumps. The two pumps :are to Abe acquired when the Simpson.- Coates Lift Station is ~dfsmantf~Ied and the operation discontinued. A sufficient amount ;has been retained by the City of Dubuque from the contractor's payment for complete insurance of installing the motors. I therefore recommend that Bid Section No. 1 of the Catfish Creek Sanitary :Sewer constructed by Schueller and Company of Du- buque, Iowa be accepted with the reservation that the motors will be installed at the appropriate time. Respectfully submitted, L. J. Schiltz City Manager Councilman Kolb moved that the recommendation of the ,City Man» ager be approved, Seconded by Councilman Welu. Carried 'by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None, (A Resolution Accepting dm» provement ) City OF DUBUQUE, IOWA R@SOLUTION NO. 2157 Whereas, the contract for the Catfish Creek Sanitary 5ewer- Bid Section N-0. 1 nos been com pleted and the City Manager has examined the work and filed his certificate stating that the same Special Sessiem, October ~7, 1957 ~t)9 has been completed acaarding to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, Be It Further Resolved, that the City Treasurer be and he is here- bydirected to pay to the contractor from the funds to be realized from the sale .of sewer :bonds issued upon :the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided far therein, Passed, adopted and approved this 17th day of October, 1957 Approved: CHARLES E. DOVE Mayor, CLARENCE P, WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZIl4GER Councilmen. Attest: T,EO )• , FROMMELT City Clerls, Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-Dane, October 17, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Bids were received at 2:00 P, M. September 1D, 1957, for Contract No. 1-Sewage Pumping Station, Contract No. 2-Farce Main and Terminal Street Sewer, and Can• tract No, 3-Sewage Treatment Plant. I recommended at the City Council meeting of September 16, 1957, that the contracts be tenta- tively awarded to the following contractors subject to financing the projects and the supplemental agreements, Contract Na 1, Conlon Construe~ lion Company, Dubuque, Iowa. Contract No. 2 Schueller & Company, Inc„ Dubuque, Iowa. Contract Na. 3, G, E, Tillman Company, Inc,, Centralia, Illinois. I, therefore, recommend that the contracts now be awarded to the above listed contractors. Respectfully submitted, L, J. Schiltz City Manager Councilran Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, We1u. Nays-None. (Awarding Contract) 'RESOLUTION ~ N0. 213.57 Whereas, sealed proposals have been submitted by contractors for the 'Contract No, 1-Sewage Pump- ing Station pursuant to Resolution 16157 -and notice to bidders pub• lished in a newspaper published in said City on July 8th, 1957 and July 15th, 1957; and Whereas, said sealed proposals were opened and read an Septem• ber 10, 1957, and it has been de• termined that the bid of Conlon Construction Company of Dubuque, Iowa in the amount of $250,694.92 was the lowest bid for the furnis~lr ing of all labor and r~terials and performing the work: as provided for in the plans anal specifications; now therefore, Be It Resolved by the 'City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be :awarded to ~Con- lan Construction Company of Du• buque, Ior~~a and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up• on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted 'this 17th day of October, 1957, CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KIlVTZINGEft Councilmen Attest: LEO F. FROMMELT City Clerk, Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car• ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. t; ~, 410 Special Session, October 17; 1957 Special Session, October 17, 1957 L (Awarding Contract) ment Plant pursuant to Resolution ', Approved ................................1958. RESOLUTION N0. 214.57 No. 163.57 and notice to bidders sealed proposals have Whereas Published in a newspaper pub- , been submitted by contractors far fished in said City on July 8th, Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958. the Contract No. 2-Force Main & 1957 and July 15th, 1957; and Terminal Street Sewer pursuant to Whereas, said sealed proposals . Resolution Na, 162.57 and notice were opened and read on Septem' ...................................... to bidders published in a news• ber 10, 1957 and it has been deter'- paper published in said City on mined that the bid of G. E. Till- July 8th, 1957 and July 15th, 1957; man Co. Inc, of Centralia, Illinois ^•^•°•°°^°°°°°°•°°°°° and in the amount of $982,105,00 was Whereas, said sealed proposals the lowest bid for the furnishi ~ Councilmen .................:.................... were opened and read on Septem of all Iabor and materials and per- ber 10, 1957, and it has been de- forming the work as provided for termined' that the bid of Schueller in the plans and specifications; ••~°••°°°•°°°°°••°•^•••°° & Company, Inc. of Dubuque, Iowa ' ' now therefore, in the amount of $343,735.00 was. ~ Be It Resolved by the City Coun- ,,,,,,,,,,,,,,,,,,,,, the lowest bid for the furnishing cil of the City of Dubuque that the of aH labor and materials and per• contract for the above mentioned forming the work as provided for improvement be awarded to G. E. Attest ................................................ in the. plans and specifications; Tillman Co, Inc, of Centralia, City Clerk now therefore, Illinois ands the Manager be and ho Be It Resolved by the City Caun• is hereby directed to execute a ci)! of the City of Dubuque that the contract on behalf of the City of contract for the above mentioned Dubuque for the complete per- improvement be awarded t o formance of said work. Schueller and Company, Inc. of Be It Further Resolved, that up• Dubuque, Iowa and .the Manager on the signing of said contract be and he is hereby directed to ex• and the approval of the contractors ecute a contract on behalf of the ' band the City Treasurer is author- City of Dubuque for the complete ized and instructed to return the performance of said work. bid deposits of the unsuccessful Be It Further Resolved, that up• bidders. on the signing of said contract and passed and adoptod this 17th the approval of the contractors day of October 1957 bond the City Treasurer is author• , ized and instructed to return the CHARLES E. DOVE bid deposits of the unsuccessful Mayor bidders. CLARENCE P, WELU Passed and adapted this 17th RAY F, KOLB day of October 1957 LEO N, SCHUELLER , CHARLES A, KIlVTZINGER CHARLES E: DOVE Councilmen Mayor Attest: LEO F, FROMMELT CLARENCE P. WELU City Clerk RAY F. KOLB LEO N. SCHUELLER Councilman Schueller moved the CHARLES. A. KINTZIIQGER adoption of the resolution. Second - Councilmen ed b Councilman Kintzin er, Car- Attest: LEO F,FROMMELT ried~ by the following vote: City Clerk. Yeas-Mayor Dove, Councilmen Councilman Schueller moved the Kintzinger, Kolb, Schueller, Welu, adoption of the resolution. Second• Nays-None. ed by Councilman Kiittzinger. Car- There being no further business N Tied by the following vote: Councilman Kolb moved to ad- Yeas-Mayor Dave, Councilmen journ. Seconded by Councilman Kintzinger, Kolb Schueller, Welu, Schueller, Carried by the follow- Nays-None. ing vote: (Awarding Contract) Yeas-Mayor Dove, Councilmen RESOLUTION N0, 215.57 Kintzinger, Kolb, Schueller, Welu. Whereas, seated proposals have Nays-None, been submitted by contractors for Leo F, Frommelt - the Contract No, 3 Sewage Treat• City Clerk. 411 X12 Special Session, October 23,, 1957 ~lj a (OFFICIAL) Special Session October 23, 1957, Council met at 7;30 P. M. Present-Mayor Dave, Council- men Kintzinger, Kolb, Schueller, Welu. Absent-City Manager Schiltz. Mayor Dove read the call and stated that service thereof 'had been duly made and Chat this meet- ing is called for the purpose of considering the report of the City Clerk showing the result of the canvass of the election returns of the Municipal Primary Election held October 22,1957, and acting on any other business as may properly come before a regular meeting of the City Council, Proof of Publication, certified to by the Publisher, of publication of the Municipal Primary Election Ballot, held October 22, 1957, pre- sented and road. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. October 23, 1957. Hon. Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen; In accordance with the provisions of Chapter 145 of the 54th General Assembly, an October 23, 1957, I made a public canvass of 'the elec- tion returns of the Municipal Pri- mary Election held October 22, 1957 and herewith submit the re- port of the results of said canvass. In accordance with the provisions of said Chapter the following is a list of the nominees. far ali offices to 'be fi~Hed at the forthcoming Municipal Election: For Councilmen for the term commencing the second secular day in January 1958: Donald Briggs-Nominated by Primary Election, George A. Freund-Nominated by Primary Election. Richard C. Henschel-Nominated by Primary Election. VOTE OF MUNICIPAL PRIMARY ELECTION OCTOBER 22, 1957 SHOWING THE FOLLOWING RESULTS: CITY COUNCILMEN ~ ~v x ~~ e, .M ~ ti ~ W AW ~W MM ~W ~ F~~ ~. Vl 1st . ,.,.. 208 446 250 213 309 169 2nd ..., 195 475 252 220 272 145 3rd ,... 127 309 167 151 184 135 4th .,.. 67 164 113 72 115 68 5th ,,,. 138 340 183 145 229 132 6th ,.,. 256 490 357. 225 351 231 7th .... 85 130 100 56 92 77 8th ,... 114 212 121 97 164 111 9th ,.., 96 177 123 97 127 107 10th .... 180 284 206 115 220 126 11th ,.,. 149 249 190 108 191 144 12th ,... 128 216 153 100 148 116 13th .... 176 287 204 141 199 166 14th ..,. 243 347 264 171 275 191 15th .... 169 263 216 131 209 182 16th .... 165 263 187 116 195 123 Total ,.,2496 4652 3092 2158 3280 2223 H ~ y Z ~ ~ o Total H Vote 267 421 560 270 369 552 175 218 364 113 143 207 185 273 406 289 418 616 75 116 169 140 174 260 116 117 ~ 220 180 244 359 146 183 290 140 170 266 217 228 358 211 298 435 188 222 356 147 220 308 2859 3814 5726 Special Session, October 23, 1957 413 Louis Schaller-Nominated by Primary Election. Leo N. Schueller-Nominated by Primary 'Election. Peter J. Takos-Nominated by Primary Election. For Park Commissioner, regular term: Arthur M, Bennett-Nom- inated by Petition, Canvass of returns of the Muni• cipal Primary Election held Octo- ber 22, 1957. I, Leo F, Frammelt, City Clerk of the City of Dubuque Iowa, da hereby certify that on October 23, I publicly canvassed the election returns of the Municipal Primary Election held on October 22, 1957 and find the following results: Nominated by Primary Election for Councilmen :.George A, Freund 4652 vales; Peter J. Takos-3814 votes; Louis Schaller 3289 votes; Richard C, Henschel 3092 votes; Leo N. Schueller 2859 votes; Don- ald Brigs 2496 votes. Total number of votes cast, 5726, Respectfully sa~bmitted, Leo F. Frommelt City Clerk. Councilman Schueller moved that the Judges and Clerks who served at the Municipal Primary Election held on October 22, 1957, be paid the amount of $10.00 each for ser- vices rendered as Judges and Clerks. Seconded by. Councilman Welu, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb Schueller, Welu. Nays-None. Iowa State Highway Commission October 22, 1957. City Clerk City Hall Dubuque, Iowa. Dear Sir; This is to advise you that we have discontinued maintenance on that section of those streets former• ly Primary Road Extensions US 52, 61.67 and 151 due to the reloea- lion of the above Primary Road Extension as provided by the reso• lotion adopted by the Highway Commission on October 2, 1957, Very truly yours, W, C, O'Connor Assistant District Engineer. Councilman Schueller moved that the communication be made a mattier of record. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Iowa State Department of Health advising that the City could proceed with the award of the contract #or the Sewage Treatment Plant, presented and read, Councilman Kintzinger moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of George Oertel objecting to the petition of Vern Shireman et al requesting the establishment of a grade on that portion of iEdith street between Brunswick and Elbow streets, pre- sented and read, Councilman Welu moved that the communica• lion be referred to the City Man- ager. Seconded ~by Councilman Kintzinger, Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, October 21, 1957, IIon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: I herewith hand you releases of claims against the City of Dubuque of Delbert J. McCullough, Charles Coffey, Melvin G. Matz and Theresa Saucer, bhe same having been obtained and paid for Eby the contractor's insurance company. Sincerely, T. H. Nelson Councilman Kolb moved that the communication 'be made a matter of record, Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb Schueller,. Welu. Nays-None, Petition of J. Allen Wallis Jr. requesting an extension of time to July 1, 1958 for the completion of street surfacing in Indian Hills Sub, presented and read. Council- man Kintzinger moved that the request be granted. Seconded by 414 Special Session, October 23, 1957 Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kalb Schueller, Welu. Nays-None. October 23, 1957. City of Dubuque City Hall, Dubuque, Iowa. Re: J, Allen Wallis Jr. and Mari- jane S, Wallis-Bond No, 28210 12 714 56 Gentlemen; As Attorney-in-Fact for the United States Fidelity and Guaranty Com• pang, the bonding company for the captioned bond, we hereby agree to an extension for completion to July 1, 1958. This particular bond was to cover street improvements per Resolution No. 182.56. Yours truly, SCHWIETERTNG & WALLIS By J. Allen. Wallis Jr. Attorney-in-Fact Councilman Welu moved that the communication be made a matter of record, Seconded'by Councilman Kalb. Carried by bhe following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Proof of Publication, certified to by the Publisher, of list of receipts and claims. for which warrants were drawn during the. month of September 1957, presented and read. Councilman Kolb moved that the proof of publication'be received and filed. Seconded by Councilman Welu Carried by bhe following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. i Nays-None. ORDINANCE N0. 61.57 An Ordinance. Amending Ordi- nonce No, 26.51, by repealing Sec• tion 5 thereof,'and adding a new Section 5, and Section 5A thereto,'; presented and read, Councilman' Welu moved that the reading just had be considered the first reading of the' Ordinance. Seconded by' Councilman Kolb, Carried by the' following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days Seconded by Coun- Gilman Ifolb. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE No. 61.61 An Ordinance Amending Ordinance No, 26.51, by Repealing Section 6 Thereof, and Adding a New Sec- tion 5, and Section 5A Thereto, Be It Ordained by the City Council of the City of Dubuque, Iowa; Section 1, That Section 6 of Ordi- nance No. 26-61, be and the same !s hereby repealed and the following enacted in lieu thereof: "Section 5, That the various mu- nicipally owned Parking Lots Sn the City of Dubuque shall be designated numerically as follows: Lot No. 1-The lot situated between Ninth and Tenth Streets and Iowa Street and Central Avenue; Lot No. 2-The lot actuated at the southeast corner of Ninth and B1uPf Streets; Lot No, 3-The lot situated at the northwest corner of Fifth and Bluff Streets; Lot No. 4-The lot situated at the southwest corner of Ninth and Bluff Streets; Lot No. 5-The lot situated at the northwest corner oP Ninth and Bluff Streets; Lot A'o, 6-The lot situated at the southwest corner of Fourth and Iowa Streets; Lot No. 7-Tho lot situated gener- ally on Lota 7 and 8 of City Lot 688;" Section 2. That Ordinance No. 26- 51 be and the same is hereby amend- ed by adding a new Section 6A there- to as follows: "Section bA, Parking meters on municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of the United States coins, in accordance with the following sohed- ule; 1-On Parking Lots Noa, 1, 2, 3, 4 and 5, such. meters shall show legal parking for one hour upon the deposit of each five cent Coln, two hours upon the deposit of each ten cent coin and five hours upon the deposit oP one twenty-five cent coin; 2-On Parking Lots Nos. 6 and 7 such meters shall show legal parking for two hours upon the deposit of each five cent coin, four hours upon the deposit oP each ten cent coin; and ten hours upon the deposit of one twenty- five cent coin," Section 3, This Ordinance shall be in full force and effect from and. after its final pasage, adoption and publi- cation as by law provided. Introduced the 23rd day of October, 1957. Rule requiring reading on three separate days suspended by unanf- mous vote the 23rd day of Ootober, 1957. Passed by recorded roll-call vote, adopted and approved this 23rd day of October, 1957. CHARLES E, DOVE, Mayor - CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINOER ' Councilmen Attest, Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 28th day of October, 1967. LEO F. FROMMELT, 1t 10.28 City Clerk Special Session, October 23; 1957 415 Councilman Welu moved the adoption of the Ordinance. Second- ed Eby Councilman Kolb. Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0, 21b•51 Resolution providing for the Issuance of Water Main Extension bonds for the purpose of providing far the payment of the assessed cost of constructing cast iron water mains in Indiana Avenue, Montana Street, Pennsylvania Avenue and Wilbricht Road. Whereas the contract heretofore entered into by the City of Dubuque, Iowa, for the improve- ment hereinafter described has been'completed and the'City Man- ager has certified the completion thereof to the City Council and the City;. Council has ascertained the cost thereof and has determined that $9,380,74 Dollars of the cost thereof. shall be assessed against the property subject to assessment therefor; 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 issue bonds for the purpose of provid- ing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to sweh 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- meat of the assessed cost of A cast iron water main in; Indiana Avenue from the East Property Line of Alpha Avenue to the West Property Line of Missouri Avenue. Montana Street from the South Property Line of Wilbricht Road to the North Property Line of Merfeld Road. Pennsylvania Avenue from the East Property Line of Earl Drive, West to the City Limits Line, Wilbricht Road from the South Property Line of Asbury Road to the East Property Line of Sylvester ]?lace. There shall be issued Water Main Extension bonds in the amount of $5,098,00 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- . went. 2. Such bonds shall. be" called Water Main Extension bonds; and shall bear the date of October 9, 1957; and sha1L be numbered con- secutively; and obey .shall be numbered, divided into series, and be in such denominations and .for:' such maturity dates as are shown in the following table: 1 121T $598.00 ' June 1, 1958 2 1212 500.00 June 1, 1959 3 1213 500.00 June 1, 1966 4 1214 500.00 June 1, 1961 5 1215 500.00 June 1, 1962 6 1216 500,00 Tune 1, 1963 7 1217 500.00 June 1, 1964 8 1218 500.00 June 1, 1965 9 1219 500.00 ' June 1, 1966 10 1220 500.00 June 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 attached:. 4. Said bonds shall hot make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable on June 1st of any year prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substantially the following form: No. Series No. CITY OF DUBUQUE Water Main Extension Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer .hereof, on the first day of or on June 1st of any year prior thereto, ~at the option of bhe City of Du- buque, the sum of .Five Hundred' dollars with interest thereon of the rate of 5 per cent per 'annum, payable semi-annually, an the pres- . entation and surrender of the inter- est coupons hereto attached, Both principal and interest of this band are payable at the office of the City Treasurer in the City of Du- buque, in the State of Iowa. This bond is issued by the City of Dubuque, under and by virtue of Chapter 391A of the 1954 Code of :' 4'16 Special Session, October 23, 1957 Iowa, as amended, and the Resolu- tion of said City duly passed on the 23rd day of October, 1957, being Resolution No, 216-57. This Bond is one of a series of 10 bonds, 9 for $500.00 numbered from 1212 to 1220 inclusive, and one far $598.00 numbered 1211, all of like tenor and date, and issued for the purpose of constructing cast iron water mains in Indiana Avenue, Montana Street, Pennsyl- vania Avenue and Wilbricht Road as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law-alien on all of said property. It is payable only out of the Special Assessment Fund No. 1197 created by the collection of said special tax, and said fund can be used far no other purpose. It is hereby certified and recited that aA the acts, conditions and things required to be done, pre- cedent to and in isstdng this series of bonds, 'have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment collection and pay went hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably pledged, In Testimony Whereof the City of bubuque Eby its Council has caused this bond to 'be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 9th day of October, 1957. .................................. Mayor (SEAL) City Clerk (Form of Coupon) On the day of , the City of Dubuque, Iowa promis• es to pay to the bearer, as pro- vided in said bond, the sum of .... Dollars, in the of- fice of the Treasurer in the City of Dubuque, being months' interest due that. date on its ....... Bond No. dated ..............:.............. Mayor .. . City Clerk 6. That the Mayor and Gity Clerk be and they are hereby instructed to cause said bonds to Abe prepared and when so prepared to execute said bonds and that the City Clerk be sand he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer, 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No, 1197 and paid out by him to pay the cost of said contract. 8, That the interest coupons at- tacked to the bands be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9, That as fast as funds allow, beginning with June 1, 1958, these bonds shall be called and retired in the same order as numbered, Adopted this 23rd day of October, 1957 CHARLES E, DOVE Mayor CLARENCE P, WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second• ed 'by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb Schueller, Welu. Nays-Novo, RESOLUTION N0. 211•SI Be It Resolved by the City Coun- cil of the City of Dubuque that the. following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cig- arette papers within said City. Michael H. Clemens, 205 Locust Street. Be It Further Resolved that the bond flied with the application be approved. _~ Special Session, October 23, 1957 Passed, adopted and approved this 23rd day of October, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N,SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas--Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Welu. Carried by the fallowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Leo F. Frommelt City Clerk Adopted ................................1958, Approved ................................1858. Councilmen • ........................... . .... Attest : .................................. City Clerk 417