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1957 November Council Proceedingsf 1legular Session, November 4,195' 419 ~ ~~, ~ ® ~~ ~ ~ ' ~ ~ ' f •~ ~ - ~ 1 ~ ~,. , ~ This agreement should ~be made a matter of record. ~ ~ `~ ~ ' ``t Respectfully submitted, (OFFICIAL) L, J. Schiltz, Regular Session, November 4, City Manager 1957. Council met at 7,30 P.M. ' Councilman Welu moved that the Present-Mayor Dove, Council- agreement be approved and made men Kintzinger, Kolb, Schueller, a matter of record. Seconded by Welu, City Manager Schiltz. Councilman I{intzinger. Carried by Mayor Dove read the call and'. the following vote, stated that this is the regular Yeas-Mayor Dove, Councilmen, monthly meeting of the City Coun- Kintzinger, Kolb, Schueller, Welu. cil caIled for the purpose of acting Nays-None. upon such business as may prop- erly come before the meeting. October 29, 1957 October 24, 1957 Dubuque, Iowa To the Honorable Mayor An agreement between -the City ' and City Council of Dubuque, Dubuque, Iowa and Dubuque, Iowa - Cletus Freiburger and Joseph C. Gentlemen: Hefei for the construction and - I herewith submit the reports acceptance of a cast iron water of the'City Auditor, City Treasurer, main in Garnet Street, and Pravid• Gity Health Department and City ing the Terms and .Conditions Water Works for .the month of -thereof. September as well as list of claims and list of payrolls for which war- That permission be hereby grant- rants were issued for the month of ed :to Cletus Freiburger and Joseph September, 1952 C. Hefei to construct a 'six inch Respectfully submitted, ' cast iron water main in Garnet L. J. Schiltz, Street from Jackson Street to the City Manager West Property Line of Lot 63 in - Councilman Kolb moved that the Linehan Park Addition, in Du- reports be received and filed, Sec- buque County, Iowa. Also, it is ~ onned by Councilman Kintzinger. hereby accepted by the City of Du- Carried by the following vote; buque as a part of its water dis- ' Yeas-Mayor Dove, Councilmen tribution system. Kintzinger, Kolb, Schueller, Welu, Attached hereto is a certified Nays-None. statement showing in detail all ', October 29, 1957 amounts paid out, in connection To the Honorable Mayor with the construction of said and City Council water main. Hereinafter, any per- Dubuque, Iowa son or persons desiring to con• Gentlemen: nett with said water main shall I am attaching herewith an Agree• first apply to the City Manager went entered into between .the City for permission to do so and such of Dubuque and Cletus Freiburger Permission shall be granted upon and Joseph C. Hefei whereby Clet- condition that 'the applicant spay us Freiburger and Joseph C, Hefei to the City Treasurer, for the are granted permission to con- account of Cletus Freiburger and ' ' struct a water main in Garnet Joseph C, Hefei, in an amount Street and the City accepts .this equal to Four Dollars and Sixty water main as part of the water One Cents ($4.61) per front foot distribution system. All extensions of property owned by the appli- to the water system outside the cant. However s u c h connection City of Dubuque are paid for charges shall not be exacted for wholly by the benefited property any extension of said water main owners. by the City of Dubuque or its per- This agreement authorizes the mitees. City to collect connection charges Cletus Freiburger and reimburse Cletus Freiburger Joseph C. Hefei and Joseph C. Hefei for the amount L, J. Schiltz over and above !that paid to serve City Manager, City of their properties, Dubuque, Iowa 420 Regular Session, November 4, 1957 October 29, 1957 Dubuque, Iowa We the undersigned do hereby certify the following statement of casts for the construction of a six inch cast iron water main in Garnet Street are correct and com• i plete. Material purchased from the City of Dubuque Water Department are as follows. 370 feet 6" pipe $821.40 1-6"x6" Mapping sleeve 43.09 1-6" Iowa Tapping valve 75.54 1-6" Iowa Valve 66.53 2-Valve boxes 65.52 1-Iowa hydrant 197.84 1-6"x6" Tee 31.13 1-6" Plug 521 Labor for installation of tapping valve 125.00 Total paid to Water Department $1,431.26 Amount paid to Geo, Saffron of the Saffron Construction Co, for furnishing all equip- ment and labor neces- sary to install water main 900.00 $2,331.26 Cletus Freiburger Joseph C. Hefei October 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am a~btaching herewith an Agreement entered into by the City of Dubuque and Clarence C. Fay regarding the construction of a water main and setting up a con- nection charge for other individ- uals desiring to make a connection thereto. This agreement should be made a matter of record. Respectfully submitted, L. J, Schiltz, City Manager Councilman Welu moved that the agreement be approved and made a matter of record, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. October 29, 1957 An Agreement between the City of Dubuque, Iowa, and Clarence C. Fay for the construction of a cast iron water main in Rockdale Road, and Providing the Terms and Con- ditions thereof. The City of Dubuque agrees 'to construct an eight inch water main in Rockdale Road from Fox Drive South to within approximately one hundred feet of the corporate limits of the City of Dubuque, Iowa. In consideration of the con- struction of said water main Clar- ence C. Fay has paid Ito the City of Dubuque the sum of Twelve Hundred Dollars ($1,200,00), Upon completion of said water main, it shall become a public water main under the exclusive charge and control of the City of Dubuque. Hereinafter, any person or per- sons desiring to connect with said water main shall first apply to the City Manager for permission ito do so and such permission shall be granted upon condition that the applicant pay to~the City Treasur- er, for the account of Clarence C. Fay, in an amount equal Ito Two Dollars •and Forty Two Cents ($2.42) per front foot 'of property owned by the applicant, However, such connection charges shall not be exacted for any extension of said water main by the City of Dubuque or its permi~tees. Clarence C. Fay L, J, Sahiltz, City Manager, City of ` Dubuque, Iowa October 29, 1957 Ta the Honorable Mayor and City Council Dubuque, Iowa Gentlemen I am attaching for the record, a copy of an executed easement for a storm sewer on Chicago, Mil- waukee, St, Paul and Pacific Rail- road property running from East 6th Street to East 7th Street, Respectfully submitted, L. J. Schiltz, City Manager Councilman Welu moved that the easement 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. ~. Regular Session, November 4, 1957 421 This Indenture, made this 16th day of September A.D. 1957, by and between Chicago, Milwaukee St, Paul and Pacific Railroad Company, and City of Dubuque, In The County Of Dubuque, State Of Iowa, hereinafter called the "Railroad Company" and the "Licensee," Witnesseth: That the Railroad Company in consideration of the sum of One and No/100 Dollars to cover the expense of preparing this agreement, to it paid by the Licensee, the receipt whereof is hereby acknowledged, •and in furth- er consideration of the faithful performance 'by the 'Licensee of all the agreements herein contained hereby grants unto said Licensee, permission and license, (See Sheet lA, for description of "storm sewer," hereto attached and made a part hereof) Subject Always to the observ ante and performance by t h e Licensee of all and singular the fallowing conditions, covenants, and agreements to be by it observ ed, kept, and performed as follows, to wit: and a default in or failure to perform any of said covenants, or a breach of any of said condi- tions, shall work an immediate and absolute forfeiture of said grant. First, It is a condition of the aforesaid grant that the Licensee shall not, and it'hereby agrees that it will not at any time enter upon the premises of the Railroad Com- pany for the purpose of construct• ing, laying down, repairing, alter- ing or changing said storm sewer, without first notifying the Chief Engineer of said Railroad Com- pany of its desire and intention so ~to do; and that it will at all times prosecute all its work upon said premises with reasonable care, skill and diligence, and to the satisfaction of said Chief Engineer, and on the completion thereof will restore the surface of said premises to the same condi- tion in which it was prior to the Licensee's entrance thereon. Second. It is a further condition of the aforesaid grant, and the Licensee also agrees that if at any time the Railroad Company shall elect rte raise or lower the grade of all or any part of its premises upon, along or under which said storm sewer is con- structed, then and in every such case the said Licensee shall at once alter and change the location of said storm sewer so as to con- form to the change of grade re- quired by the Railroad Company, Third. It is a further condition of the aforesaid grant that the Licensee shall, and i~t hereby agrees that it will, in carrying on any and all of the work herein- above mentioned or referred Ito, strictly to the directions and re- quirements of said Chief Engineer in all matters relating to the safety of operating trains upon and over the Railroad Company's tracks and will not in any manner interfere with such operation without his consent; and ~bhat said Chief Engin- eer may, if he deems necessary so to do, protect and support said tracks while said Licensee is do- ing any work under and abowt the same, and shall remove the supports, and restore said tracks to their former condition of use- fulness when said work is complet- ed, Fourth. It is a further condition of the aforesaid grant that the said 'Licensee shall, and it hereby agrees that it will bear and pay all :the cost and expense which may at any time ~or in anywise apper• fain to the construction, laying down , maintaining, repairing, changing or altering said storm sewer, and to the protecting and supporting of the Railroad Com- pany's tracks while any such work is in progress; and to the removing of the track supports and restoring said tracks and premises to their former condition of usefulness when said work is completed, Fifth. It is a further condition of the aforesaid grant that said Licensee shall, and it hereby coven- ants and agrees that it will and it does hereby assume all risk of damage or injury Ito said storm sewer caused by the operation of trains upon and over the tracks now laid or which may hereafter be laid by the Railroad Company or caused by any change which it may make in the grade of its tracks or in :the grade or use of its premises, and will at aIl times save and keep the Railroad Com• 422 Regular Session, November 4, 1957 pony free, clear and harmless from any and all claims on account of any of the matters aforesaid; and that in case the Railroad Company shall suffer or become liable for any loss, cost or damage whatso- ever, in any manner arising from or growing cwt of constructing, maintaining, repairing, altering, changing, or using said storm sew- er then, and in any and every such case, the Licensee shall and will reimburse the Railroad Com- pany to the full amount of the loss or damage which said Com- pany has sustained or for which it has become liable. Sixth. It is a further condition of -the aforesaid grant, and the Licensee also covenants and agrees that the Railroad Company may revoke this license and permission at any time without liability to the Licensee therefor, upon giving to it sixty (60) days' previous notice in writing to that effect; that Upon the expiration of the time speci- fied in such notice, the said Licen- see shall remove said storm sewer from the premises of the Railroad Company, under the direction and supervision of said Chief Engineer; and that in case of failure on the part of said Licensee Ito remove .the same within the above mentioned time, i~t shall be understood .that said storm sewer is abandoned, and said Railroad Company may re- move the same from its premises at the expense of said Licensee, or may disconnect said storm sewer at the points where it enters and leaves said premises. Seventh, It is a further condition of the aforesaid grant that the Licensee shall, upon receipt of bill therefor, reimburse the Rail• road .Company for the cost and expense of furnishing flagging and supervisory services and for labor, if any, for removing -and replacing rails, ties and ballast, all as in the opinion of the Chief Engineer of the Railroad Company is necessary by reason of the installation, re- pair, renewal, alteration and re- moval of said storm sewer, Eighth. It is a further condition of the aforesaid grant and the Licensee covenants and agrees to assume all charges, levies, taxes and assessments, of every kind, nature and description, which here- tofore may have been or which hereafter may be charged, levied or taxed in any manner against the Railroad Company, or its prop- arty, for the construction, mainten- ance, repair, or renewal of the storm sewer hereinbefore de- scribed. SHEET 1 A To install and maintain under- neath, along and across the read- bed, right of way and tracks of the Railroad Company, a storm sewer consisting of a fifteen inch (15") reinforced concrete pipe conform- ing Ito American Society Testing Materials Specifications C-76.55T, Class V, between Sixth and Seventh Streets in Dubuque, Du- buque County, Iowa, in the location indicated by the broken line in yellow color on the plan marked Exhibit "A," hereto attached and made a part hereof. At the option of the Licensee the installation may be made by boring and jack- ing the said pipe into place, with the 'headings from which the said boring and jacking operations are performed ~to be located no closer than twelve feet (12') from the center line of the nearest track measured at right angles Ito the track; or the Licensee may jnstall the said pipe in an open trench at such time as the Division Super- intendent of the Railroad Com- pany is willing to have the !tracks taken out of service long enough to permit the installation by this method. All trenching on the right of way to be carefully backfilled and thorougrly tamped to meet the approval of the Chief Engineer of the Railroad Company. The said pipe is to be placed and maintained at a depth of 3'5" below the base of the rails of the said tracks. Lastly. The grants covenants, and stipulations hereof shall ex- tend to and be binding upon the respective succesors, legal repre- sentatives, and assigns of the parties hereto; provided, however, that all the rights and privileges hereinabove granted shall cease and become void unless the same are exercised by the said Licensee within six months from the date hereof. In Witness Whereof, the Rail- road Company and Licensee have "'a Regular Session, November 4, 1957 423 duly executed this indenture, the day and year first above written, Chicago, Milwaukee, St. Paul And Pacific Railroad Company, Attest: J, J, Roche Secretary (SEAL) By J. H, Stewart General Manager. City Of Dubuque in the County of Dubuque, State of Iowa, By L. J. Schiltz, City Manager, Attest; Leo F. Frommelt City Clerk (CITY SEAL) October 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Mr, and Mrs, Garland Findley requesting the in- stallation of a s t r e e t light on Clarke Drive between St. Ambrose Street and Bunker: Hill Road was referred to the City Manager and Electrical Inspector for investiga- tion and report. The distance between' existing lights on Clarke Drive at this loca- tion is 600 fee-t which is considered in excess of that for good lighting. I recommend that the City Council approve the installation of a street light approximately midway be• tween St, Ambrose and Bunker Hill Road at a location ~to be de• termined by the Electrical Inspect- or. Respectfully submitted, L, J, Schiltz, City Manager Councilman Welu moved ithat the recommendation of the City Manager be approved, Seconded by Councilman I{olb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. October 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: I would like to express my ap• predation .to members of the City Council for authorizing me to at- ~tend the International City Man- agers meeting that was held in Washington from October 20th to the- 24th, I feel as though much good derived from attending these meetings and that the City bene- fits greatly in the thinking of managers from other cities and in discussing all of our problems.. The theme of the meeting this year was "New Horizons in Man• agemont" This theme is especially appropriate because all city man- agers should be receptive to the new ideas and new methods as they plan ahead for the develop- ment of their cities, At the session on Management Perspectives, we take a look at ourselves, our responsibility -and what lies ahead in management, This part of the meeting was high- lighted by a talk by Charles Stauf- facher, Vice-President of the Con- tinental Can Company, who dis- cussed What City Managers Can Learn from Business, During the afternoon I attended a session on Growth of Industrial Cities, In this session many of the problems are similar to those we have experienced in the last five years here in Dubuque where we have made plans for the industrial and residential growth of our City. It was called Ito the attention of the group !that planning is very important and that this planning should be several years in advance of the actual construction. Policies on the Extension of Services and Controls That Relate to Industrial Growth were discussed. At the session on Human Rela- tions we were benefited by a talk from the Personnel Manager of McCormick & Company of Balti• more, who related some of their experiences in private industry, We also had a talk by John Macy, Di- rector of the United States Civil Service Commission, as it related to the federal employees. AIL cities have problems in human relations and it was the general consensus of opinion that irregardless of the problems, they could be handled in a manner that would. be satis- factory to both the employee and the employer. Group sessions were field in the various population groups and it was interesting to find out that in the population group of cities the size of Dubuque very similiar problems existed. The trend in city finances is on the up grade 424 Regular Session, ,November 4, 1957 .the same as is in any private business or even in the operation of our household as long as the cost of labor, materials and equip- ment continues to increase, the cost of government will continue to increase. I found that the City of Dubuque is way ahead of other cities in planning for industrial and res- idential growth due to the plan• Wing that has been done in the last several years and in the actual construction of our water treat- ment plant, our sewage facilities and our street construction The method used in subdivision con- trol is practically universal in that the subdivider is required Ito put in all of the facilities prior to the approval of the subdivision by hhe planning and zoning commission and the city council. At the session on Federal-City Relations, the Housing-and Urban Renewal Program was discussed as was the Stream Pollution Control and the Federal Highway Program, Sessions were set up including Capital Budget Programming, Fringe-Area Problems, Problems of Central Business Districts, and Police and Fire Problems. I attended the session which dis• cussed police and fire and find that many cities are facing .the problem of expanding their police and fire departments and have in- sufficient funds available far this expansion. Some of the medium size and larger cities as well as many of the small ones have in- itiated some sort of an integrated department which seems to be very effective. It is my opinionthat this trend will continue and cities must look toward a more efficient operation of ~tihese two departments, It is my feeling that the consolida- tion of some of ithe duties of these departments should be studied very closely and should only be insti- tuted if it is foundthat they can be carried on to provide the effi- cient operation of the services in a more economical manner. At a session an Planning the City of Tomorrow it was interest• ing that it stressed the need of planning for a number of years ahead of the actual carrying out of the project's plgn, It Wqs pointed out that the carrying out of the plan should not be done necessarily im- mediately, but it was Ito be used as a guide for the future planning of the improvements to be carried out by the City, It was pointed out that it was necessary to sell this planning program Ito the commun- ity and that the relations between the city council, planning com• mission and manager Abe on the highest plane. One of hhe last sessions was entitled As Others See Us. From this session I think we learn from outsiders how they view us and what they think we should be da ing now and in the future. One of the speakers, Mrs. Kathryn H. Stone, a member of the General Assembly of Virginia, gave a very inspiring talk on the Views of a Citizen, I again wish to thank you for the opportunity •of attending this meeting. Respectfully submitted, L. J. Schilty City Manager Councilman Kintzinger moved that the communication be recefw ed and filed. Seconded by Council• man Welu. Carried by the follow• ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller Welu. Nays-None, November 4, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise '.that I have approved the following bonds and policy and desire to have your approval on same for filing: SIDEWALK Michael J, Bock, U.S. Fidelity & Guaranty Co. HEATING John M. Schwendinger, Bond No. 28214 13 1703 55 U.S, Fidelity & Guaranty Co. Carl Mettille, d/b/a, Mantille Roof- ing & Sheet Metal Works, Hawk- eye Security Insurance Co. EXCAVATION Tunnicliff-MacDonald Engineering and Construction Co, Davenport, Iowa, Policy No, RSL 7235492, The Travelers Indemnity Co, Regular Session, November 4,1957 425 Quad City Construction Ca., Rock Island, Illinois, Policy No. WC 287885, Bituminous Casulty Cor- poration. Respectfully submitted, L. J. Schiltz, City Manager Councilman Welu moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. October 28, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Milton R. Jaeger, Jr., 780 Berkley Place, far damages sustained in striking awash-out in Kane Street August 13, 1957 and find fihat the defeot existed as claimed and that the damages were sustained, I recommend that the claim be allowed in the amount of $8.40 and that the Auditor be instructed to issue a warrant payable to Milton R. Jaeger, Jr,, in the amount of $8,40 and deliver the same upon receipt of a properly executed re- lease. Respectfully submitted, T. H. Nelson Councilman Welu moved that the recommendation of the City So- lici~tor be approved and the Au- ditor instructed to draw a warrant payable Ito Milton R, Jaeger Jr. in the amount of $8.40 and deliver the same upon receipt of a proper- ly executed release. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, October 28, 1957 Honorable Mayor and Members of 'the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Albert P. Dolan, 2924 Shiras Ave- nue for damages sustained to his car August 5, 1957 and find the damages sustained as claimed, and recommend that hhe claim be allowed in the amount of $25,35 and that the Auditor be instructed to issue a warrant in this amount payable ~to Albert P. Dolan, and deliver the same upon receipt of a properly executed release. Respectfully submitted,. T. H. Nelson Councilman Welu moved that the recommendation of .the City Solicitor be approved and the Au- ditor instructed to draw a warrant payable to Albert P. Dolan, in .the amount of $25,35 and deliver the same upon receipt of a properly executed release. Seconded by Councilman Kintzinger, Carried by the follwing vote; Yeas-Mayor Dove, Councilmen Kintzinger Kolb, Schueller, Welu. Nays-None. October 28, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I herewith submit for your rec- ord release of William Cook for his claim against the City of Du- buque, the same having been ob- tamed and paid for by the contrac- tgr's insurance company. Sincerely T. H. Nelson Councilman Kintzinger moved that the communication be receiv- ed and filed, Seconded by Council- man Welu. Carried ~by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. October 28, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Carl A. Clark, 2558 University Avenue, for damages sustained in striking a hole at the intersection of Hawthorne Street and Rhomberg Avenue August 23, 1957, and find that ,the hole existed, but find no evidence that the same existed for a long enough time to put the City on notice of the defective condition, and Wherefore recom- mend that the claim be denied, Respectfully submitted, T. H. Nelson, Councilman Welu moved the rec- ommendation of the City Solicitor be approved. Seconded by Council- °~a ~, . i s 426 Regular Session, November 4, 1957 man Kintzinger. Carried by the fol• lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. November 1, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Wolverine Insurance Company as subrogee of Charles M. Allen and do not find any negligence on the part of the City, and therefore recommend that the claim be de• nied. Sincerely, T. H. Nelson Councilman Welu moved that the recommendation of the City Solicitor be approved, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. November 1, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Freeport Insurance Company as suborgee of Eric F. Butzlaff, for tar damage claimed to have been > sustained August 15, 1957 and cane find no negligence on hhe part of the City and therefore recommend that the claim be denied, Respectfully, T. H. Nelson Councilman Welu moved that the recommendation of the City Solicitor Abe approved. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, November i, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of John L. Gruetzmacher, 876 Yale Court, for damages sustained when he ran into a raised man-hole in Montana Street when .the street was under construction. From my investigation it appears that, although there was no bar- ricade on the street, the accident occured in daylight and it was ap- parent ~ta the claimant ~tha~~t the street was under construction, and that he accepted the hazards when driving his car onto the street. I therefore recommend that the claim be denied. Respectfully, T, H. Nelson Councilman Welu moved ~bhat the recommendation of the City Solicitor be approved. Seconded by Councilman Kintzinger, Car- ried by the fallowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. November, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Paul Richard, 98 Princeton Place, for damages sustained when he hit a water box cover in the street, and can find no evidence that the claimed defect was the result of negligence on the Para of the City, and recommend that hhe claim be denied, Respectfully, T. H, Nelson Councilman Welu moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, October 28, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Patricia E, Milks, 882 Cleveland Avenue, for damages sustained September 20, 1957 at ~~the intersea tion of Loras Boulevard and Bluff Street and have examined the claimed defect, and find the street is substantially in the same condi- tion as originally constructed and, in my opinion, the claimed defect is not such as ~to constitute a nuis- ance, and therefore recommend that the claim be denied. Respectfully submitted, T. H. Nelson 13egular Session, November 4, 1957 427 Councilman Welu moved than the recommendation of the City Solicitor be approved. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, November 1, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: Mr. Charles L. Coffey of 2050 Deborah Drive, has refiled his claim far water damages, which had previously been denied by your Body. In view of hhe fact that the re-filed claim set up no new matter, I felt there was no reason to take any further action on the same.. However, Mr. Coffey has orally requested me to make an- other recommendation to you for the record, and I have agreed Ito oblige him to that extent. The claim is based upon dam- e ages sustained from water running across his property from Deborah Drive. His property is located at the low point on Deborah Drive and the water passes over his property in heavy rain storms as part of the natural drainage of hhe area. The .City has attempted to alleviate 'his problem by installing a storm sewer and catch basin and by enlarging ahe opening of the catch basin. You are advised that under the Law the City has the right ho im• prove, grade, and surface streets and construct drainage systems. If, as a necessary incident ho carry ing out its statutory powers, the City casts surface water on abutt• ing property there is no liability provided hhe following conditions exist: 1-That the improvement was designed by a competent engineer; 2-That the improvement was constructed in accordance with the engineer's design; 3-That the water is discharged from the street in the course of natural drainage; 4-That there has been no ap• preciable increase of hhe area drained although there may, as a result 'of the improvement, be an increase in quality or force of the water. This rule has been established under a long line of Iowa decision and is very clearly discussed and re-affirmed in Cole vs. Des Moines, 212 Iowa 1270, which was a case involving almost an identical set of fact and in which the Supreme Court held that there was no liabil- ity on the part of the City. I therefore recommend that your original action in denying bhe claim be re-affirmed. Respectfully submitted, T, H, Nelson Councilman Welu moved Ghat the recommendation of the City Solicitor be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, October 31, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: Northern Natural Gas Company operates. an interstate pipe line which in the past has supplied natural gas to North Central Pub- lic Service Company, the natural gas distributor in Dubuque. Its rates and service are controlled by the Federal Power Commission. Al- though the cost of gas to the dis- tributing company affects the cost of gas to the ultimate consumer, this office has not actively partici- pated in any hearing before hhe Federal Power Commission be- cause we felt that our interests in this regard were adequately pro- tected by the distributing company. Now the pipeline company is also !the distributing company and the interests of the Dubuque con- sumers are not represented before the Federal Power Commission, There is no reason to believe that our relations with the new' franchise holder will be other !than amicable but, in my opinion, mod- ern concepts of the duties of local government require us to keep in- formed on the nature and status of proceedings before the Federal Power Commission in so much as they affect the supply and cost of gas Ito the consumer in Dubuque and the preservation of a sound and efficient distributing company here. X28 ~egulttr Session, November 4, 195' It has 'been .the experience of this office in the past that, when ..dealing with Federal agencies in Washington on matters involving protraoted hearings, it is less ex- pensive and more satisfactory to retain the assistance of Washing- ton counsel -than for local officials to be making frequent trips to Washington. The .firm of Bowen and Scoutt has served Dubuque in this ca- pacity before the Civil Aeronautics Board for several years and the arrangement has proved satisfact-' ory to the Airport Commission, Their charges are $25.00 per hour'... and expenses. 1 recommend that this -office be authorized to retain the assistance', of Bowen and .Scoutt to perform'. such services as .may be .required ,', from time to time in connection '; with matters pending before the; Federal Power Commission. Respectfully, T, H. Nelson. Mayor Dove moved that the re-, commendation of the City Solicitor be approved with the proviso that. the City Solicitor and City Manager concur in matters of any conse- quence as they occur. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. . November i, 1957 Honorable Mayor and Members of the City Council of 'the City of Dubuque, Iowa Gentlemen; Pursuant to our discussion with your representatives, Dubuque Container Company of St. Regis Paper Company of New York here- by offers to purchase the 14 acre tract of .land in Dubuque Indust- rial Park .adjoining the south line of the 55.56 acre Harnischfeger ract (also known as Block 5 of Riverfront.Subdivision No. 3), or in the event the existing option is exercised, immediately adjoining the south line of the 75,56 .acre Harnischfeger tract, upon the fol- lowing terms .and conditions; 1. City will :grade the land to a mean elevation comparable to 611,7 .feet above sea level (U.S, Engineers datum) at the north;end of Block No. 5 at City expense; 2. City will properly prepare and record a plat assigning a des• criptive lot .number to the tract; 3, City will furnish an abstract of title showing good and mer- chantable title in City of Dubuque, Iowa; 4, We will agree to construct on this tract prior to January 1, 1960, a factory building containing not less than 80,000 square feet of ground floor area, and in the event we fail to do so, title will revert to the City and the deed shall so provide; 5. The purchase price shall be $2,000.00 per acre or a total of $28,000 payable as follows; $2,800 upon delivery of the City's deed conveying the above property; :$25;200 when construction of the factory building is started; 6, The City shall reserve ease- ments for sewers and access to maintain he riprap as subsequent- ly agreed upon,-and the City shall make available public land for railway .access to the premises, 7. We will pay any federal doc• umentary tax attaching to t h e transaction, In the event you accept this of- fer it is .understood that City will have a reasonable time in which to prepare a plat and abstract of title :and .purchaser will have a reasonable time to examine the title. DUBUQUE CONTAINER CO. .Division of St. Regis Paper Co, By Frank L, Wagner, President. Mayor Dove moved that the com- munication be referred to the Dock Commission. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. .Council .proceedings for t h e month of May 1957, presented for approval. Councilman Welu mov ed that the Council proceedings for the month of May 1957 be ap• .proved as printed, Seconded by Kintzinger. Carried by the follow .ing vote; Yeas-Mayor Dove, Councilmen :Kintzinger, Kolb, Schueller Welu, Nays-None Regular Session, November 4, 1957 429 Notice of claim of Stephen J. Welu of 2340 Abbott street, in the amount of $25.00, for car damage sustained as the result of striking a hole in Rosedale Avenue on October 30, 1957, presented and read. Councilman Welu moved that the claim be referred to the City Solicitor for investigation and re• port, Seconded by Councilman Kintzinger, Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None Proof of Publication, certified to by the Publisher, of notice of public hearing on Ordinance No. 57.57, an Ordinance Amending the Zoning Ordinance by Changing the Zoning Classification of Lot 2 of Lot 1 of Block 3 Hillcrest Heights from Single Family residence Dis- trict to Local Business District "A" Classfication, presented and read. Councilman Welu moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Kolb, Carried by the follow ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE ND. 57.57 An Ordinance Amending the Zon• ing Map and Zoning Ordinance of the City of Dubuque, known as Or- dinance No. 3.34, by Changing the Zoning Classification of Lot 2 of Lot 1 of Block 3, Hillcrest Heights from Single Family Residence Dis- trict Classification to Local Business District District "A" Classification, said ordinance having been passed upon first reading on October 7, 1957 and ordered placed on file with the City Clerk for public in• spection pending public hearing on November 4, 1957 was present- ed for final adoption. ORDINANCE NO. 57.57 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque, known as Ordi- nance No. 2-34, by changing the Zoning Classification of Lot 2 of Lot 1 of Block 3, Hillcrest Heights from Single Family Residence Dis- trict Classification to Local Busi- ness District "A" Classification. Be It Ordained By The City Coun- cil Of The City Of Dubuque, Iowa: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque, be and the same is hereby amended by changing the zoning classification of Lot 2 of Lot 1 of Bloclt 3, Hill- crest Heights in the city oP Du- buque, Dubuque County, Iowat from Single Family Residence District Classification to Local Business Dis- trict AClassification, Section 2. This Ordinance shall be in full force and effeot from and after its final passage, adoption and publi- cation as by ]aw provided. Introduced the 7th day of October, 1957. Rule requiring reading on three separate days suspended by unani- mous vote the 7th day of October, is57. Passed by recorded roll-call vote, adopted and approved this 4th day of November, 1957. CHARLES E, DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen, Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 8th day of November 1957. LEO F. FROMMELT, 1t. 11/8 City Clerk, Councilman Kolb moved the adoption of the Ordinance, Second• ed by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None Petition of N, J. Yiannias of 1028 University Avenue, request- ing the establishment of a grade for the un-opened 100 feet of the alley connecting Randall Place and Rider street between Grandview Avenue and Bradley streets and also that the alley be opened to Rider street, presented and read, City Manager Schiltz made a ver- bal recommendation that the grade be set and the alley be graded provided it does not damage ad- j o i n i n g property. Councilman Welu moved that the recommen• dation of the City Manager be ap• proved. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None Petition of Leo F, Bigelow re• questing a refund of $2,14 for an item of interest that was paid in error on special assessment for the improvement of West Eighth street presented and read. Council- man Welu moved that the refund be granted and the Auditor in- structed to draw a warrant payable to Lea F. Bigelow in the amount of $2,14, to be drawn from Special Assessment Fund No, 1194. Sec- onded by Councilman Kolb. 430 Regular Session, November 4, 1957 Carried by the following vote: Yeas-Mayor Dove, Counsilmen Kintzinger, Kolb, Schueller, Welu. Nays-None Petition of Hogan Insurance Agency requesting a letter of term- ination of the Sidewalk bond of Cletus Palm which expired on September 26, 1957, presented and read. Councilman Welu moved that the petition be granted pro viding there are no outstanding claims, Seconded by Councilman. Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None Proof of Publication, certified to by the Publisher, of notice of hearing to consider the proposal to dispose of Lot 2 of Block 16A in Dubuque Harbor Company Ad- dition to the City of Dubuque, to Thomas J, Mulgrew Co, for the sum of $750, presented and read. Councilman Schueller moved that the proof of publication be receiv ed and filed, Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None No objections were filed and no objectors were present in the Council Chambers at the time set for the public hearing. RESOLUTION N0. 218.57 Whereas, Thomas J. Mulgrew Company has offered to purchase Lot Two of Block 16A in Dubuque Harbor Company's Addition to the City of Dubuque, Iowa for the sum of $750; and .Whereas, the City Council has determined that said property is not presently required for public use and that it is in the best public interest that said offer be accepted; NOW THEREFORE, BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, Section 1, That Lot Two of Block 16A in Dubuque Harbor Company's Addition to the City of Dubuque, Iowa, be and the same is hereby conveyed to Thomas J. Mulgrew Co., and the Mayor and City Clerk authorized and direct- ed to execute and deliver a Quit Claim Deed conveying all right, title and interest of the City of Dubuque in said lot and to deliver said deed upon receipt of the sum of $750; Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Notice of hearing on the fore- going Resolution published in the Telegraph Herald October 14th, 1957 and October 21st, 1957. Passed and adopted after public hearing, by reco-rded roll call vote, November 4th, 1957, CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Payment received in full, Nov ember 6th, 1957. Attest: Leo F, Frommelt City Clerk Councilman Welu moved) the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider the ex- ecution of a transmission line ease- ment to be granted to the Inter- state Power Company, a Delaware Corporation across Government Lots 2 and 3 and the slough be- tween Congressional Lot 8 and Government Lot 3 and the filled in slough between Government Lot 2 and Government Lot 3, all iriFth@ City of Dubuque, Dubuque County, Iowa one hundred and fifty feet (150') in width, and lying seventy five feet (75') on either side of the center line of said relocated trans- mission line, together with the right and priviege to trim and cut down any trees within seventy- five feet (75') of each of the out- side conductor of said relocated line and the further right to enter upon the above described premises at any time for the purpose above Regular Session, November 4, 1957 431 set forth, presented and read. Councilman Welu moved that the Proof of Publication be received and filed, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. No objections were filed and no objectors were present in the Council Chambers at the time set for the public hearing. RESOLUTION N0. 203.57 Whereas, City of Dubuque has, pursuant to its agreement of Sep- tember 8, 1942, requested Inter- state Power Co. to relocate its Lancaster, Wisconsin transmission line where the same crosses City property; .and Whereas under the terms of said agreement City has agreed to pro- vide an easment for said line as relocated; and Whereas, on the 4th day of No- vember 1957, a public hearing was. held pursuant to published notice on the proposal to grant said ease- ment at which hearing all interest- , ed parties were afforded an op- portunitg to appear and be heard; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCH,' OF THE CITY OF DUBUQUE: Section i. That I n t e r s t a t e Power Company, a Delaware Cor- poration, be granted an easement for a transmission line across Government Lots 2 and 3 and the slough between Congressional Lot 8 and Government Lot 3 and the filled-in slough between Govern- ment Lot 2 and Government Lot 3, a 11 i n the City of Dubuque, Dubuque County, l o w a, o n e hundred and fifty feet (150') in .width, and lying seventy-five (75') on either side of the center of said ' relocated transmission line, togeth• er with the right and privilege to trim and cut down any trees with- in seventy-five feet (75') of each side of the outside conductor of said relocated line, and the further right to enter upon the above de- scribed premises at any time for the purpose above set forth; Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute said Ease• ment on behalf- of the City of Dubuque; Section 3. That the City Clerk be and he is hereby authorized to record a certified copy of this Resolution in the office of the County Recorder of D u b u q u e County, Iowa, Passed and adopted by unan- imous record roll call vote No- vember 4th, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; Lea 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, Kalb, Schueller, Welu. Nays-None TRANSMISSION LINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That CITY. OF DU- BUQUE, IOWA, a municipal cor- poration of Iowa, in consideration of One and no/100 Dollars ($1,00) to it paid by INTERSTATE POW- ER COMPANY, a Delaware Cor- poration, the receipt of which is hereby acknowledged, grants said corporation, its successors and as- signs, forever, the right, privilege and authority to construct, operate, maintain and remove lines for the transmission of electric energy, in- cluding necessary poles, wires, guys, stubs and other fixtures, over, across and .upon the follow- ing described real estate owned by it and located in the County of Dubuque, State of Iowa, to-wit: Government Lots Two (2) and Three (3) and the Slough be- tween Congressional Lot 8 and Government Lot 3 and the ,filled in slough between Government Lot 3 and Government Lot 2, all in Section Nineteen (19), Town- ship Eighty-Nine (89) North, Range Three East of the 5th P.M,, according to the Govern- ment Survey thereof. This easement for the re-located Lancaster, Wisconsin steel tow- er transmission line provides for j: ,: t ~; 432 Regular Session, November 4, 1957 a strip of land seventy-five feet (75') on either side of the center line of said transmission line as re-located, being shown outlined in green ink and appropriate legend on the attached plat marked Easement Exhibit "A" and made a part hereof, together with the right, privilege and authority to trim or cut down any trees within 75 feet of each side of the outside conductor of said line; and also the right to enter upon the above described premises at any and all times for the purposes above set forth. This easement is subject to the terms and conditions of Agreement entered into September 8th, 1942, by and between the Interstate Pow• er Company and the City of Du• buque, Iewa, acting by and through its Board of Commissioners of Pub- lic Docks. DV WITNESS WHEREOF, we have hereunto set our hands this 4th day of November, A. D. 1957. (CITY SEAL) CITY OF DUBUQUE, IOWA By Charles E. Dave, Mayor Attest: Leo F, Frommelt City Clerk. STATE OF IOWA ) DUBUQUE COUNTY] SS. On this 4th day of November, A, D. 1957, before me, a Notary Public in and far Dubuque County, Iowa, personally appeared C. E. Dove and Leo F. Frommelt, to me personally known, who being first duly sworn by me, did say that they are the Mayor and Clerk, respec- tively, of the City of Dubuque, Iowa; that the Seal affixed to the aforesaid instrument is the Seal of the City of Dubuque, Iowa, an Iowa municipal corporation; and that said instrument was signed and sealed on behalf of the City of Du- buque, Iowa, by authority of a Resolution duly adopted by the City Council of the City of Du- buque, Iowa, an the 4th day of November A. D, 1957; and the said C. E, Dove as Mayor and Leo F. Frommelt as Clerk of the said City of Dubuque, Iowa, acknowl- edged the execution of the afore- said instrument to be the vpluntary act and deed of the City of Du- buque, Iowa, by it and by them voluntarily executed. Geraldine L, Jenni Notary Public in and for Dubuque County, Iowa (Notarial Seal) November 1,1957 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Fischer Investment Company has offered to purchase Lot "B-11" Booths Addition, which is part of a vacated alley, This property has been appraised at $450.00 by the Dubuque Real Estate Board, Fischer Co, has paid for the platting of this parcel of property which amounted to $27.50. I recommend that the property be sold to Fischer Investment Company for $422.50 which is the difference between the appraised price and the cost of platting, Respectfully submitted, L. J, Schutz City Manager. Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO, 219.57 A resolution authorizing the conveyance of Lot B -11 Booth's Addition in the C i t y of Dubuque to Fischer Invest• ment Company for the sum of $422,50, presented and read, Coun- cilman Welu moved the approval of the resolution subject to a pub- lic hearing to be held on the 9th day of December 1957 at 7:30 o'clock P. M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Regular Session, November 4, 1957 433 November 4, .1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Montana Street-Merfeld Lane Sanitary Sewer has been completed in accordance with plans and speci- fications by the McDonnell Exca- vating Service of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully submitted, L. J. Schutz City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following votes: Yeas-Mayor Dove, Councilmen Kintzinger, :Kolb, Schueller, Welu. Nays-None. That.$12,903.79 of the cost thereof shall be assessable upon private property and $315.00 shall be paid from the 162J2 Fund of the City of Dubuque. Passed, adopted and approved this 4th day of November, 1957. CHARLES E. DAVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER :CHARLES A, KINTZINGER Councilmen Attest: Leo F, Frommelt City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, -Kolb, Schueller, Welu. Nays-None. FINAL ESTIMATE CITY OF' DUBUQUE, IOWA Resolution No. 220.5T WHEREAS, the contract for the' construction of an eight (8) inch sanitary sewer beginning at the existing manhole at the intersec- tion of Marmora Avenue and Pen- nsylvania Avenue, thence westerly 51.53' on Pennsylvania Avenue, thence northerly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West 1/z of Lot 1 of 3 of Wilson Du- buque, thence 145' southerly from the intersection of Montana Street -and Merfeld Lane, and thence northerly on Montana Street from the intersection of Montana Street and Merfeld Lane to the southerly property line of Wilbricht Lane, and thence 200' westerly from the center line of Montana Street through Lot i-1.8 and 9 of Wilson's Dubuque. has been completed and the City Engineer has submitted his final estimate showing the .cost thereof .including the.cost of estimates, no• tices, inspection, and preparing the .assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the city of Dubuque. That .the cost of said improve- ment is hereby determined to be $13,218,79. (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Noiice). -' City of Dubuque, Iowa RESOLUTION N0. 221.57 WHEREAS, the contract for the construction of an eight (8) inch sanitary sewer beginning at the existing manhole at the intersec- tion of Marmora Avenue and Peh- nsylvania Avenue, thence westerly 51.53' on Pennsylvania Avenue, thence northerly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West ~z of Lot 1 of 3 of Wilson Du- buque, .thence 145' .southerly from the intersection of Montana Street and Merfeld Lane, and thence northerly on Montana street from the intersection of Montana Street and Merfeld Lane to the southerly property line of Wilbricht Lane, and thence 200' westerly #rom the center line of Montana .Street through Lot 1-1.8 and 9 of Wilson's Dubuque. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its .acceptance, now therefore, BE IT RESOLVED, by the City i', '' 434 llegular Session, November 4, 1957 Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk sub• ject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the no- tice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract,less any retained percentage provided for therein, Passed, adopted and approved this 4th day of November, 1957. CHARLES E. DOVE Mayer CLARENCE P, WELD RAY F, KOLB LOE N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kolb moved t h e adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen. Kintzinger, Kolb, Schueller, Welu. Nays-None, November 4,1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: On November 1, 1956 Mrs. Jane Hartshorn holder of Beer Permit No. 36 was convicted of possessing intoxicating liquor where beer is sold and selling beer to minors. I recommend that this license be revoked by the City Council and the police chief be instructed to pick up the City and State licenses. Respectfully submitted, L. J, Schlitz, City Manager Councilman Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 222.57 WHEREAS, this Council on the 3rd day of June, 1957, caused to be issued a Class "B" Beer Per- mit bearing the Number 36 to Mrs. Jane Hartshorn of Dubuque, Iowa, operating at 574 East 16th Street in the City of Dubuque; and WHEREAS, it has come to the attention of this Council that the owner and holder of said permit has been found guilty of violating the Beer Ordinance of the City of Dubuque passed pursuant to Chap- ter 124 Code of Iowa: NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of Dubuque that Class "B" Beer Permit No. 36 heretofore issued to Mrs. Jane Hartshorn of Dubuque, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancella- tion. Passed, adopted and approved this 4th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; Leo F. Frommelt City Clerk Councilman Welu moved t h e adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 223.57. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within 'the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within.. said City, 1legular Session, November 4, 1957 Mrs. Margaret Kelly, 1415 Rhom- berg Avenue. Margaret Duggan, 475 Central Avenue. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adapted and approved this 4th .day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. 5CHUELLER CHARLES A, KINTZINGER Councilmen Attest: Leo F, Frommelt City Clerk Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 224.57 WHEREAS, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the fallowing applications be granted and licenses be issued upon the compliance with the terms of the ordinances of this City CLASS "B" PERMIT Benedict F. Erschen, 2620 Uni- versity Avenue. David L. Hickey, 107 Locust Street, Margaret Duggan, 475 Central Avenue. Emil 0. Thompson, 75 East 4th Street. Clarence P. Haupert,1703 Asbury Street. John Beecher, 2399 White Street. Herbert and Mildred Meyer, 735 Central Avenue. Vincent E, Teeling, 115 East 2Lnd Street, Mrs. Louise Pitz, 2995 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Post No. 9663, Gerald F, Winters, 2203 Carter Road. 435 Passed, adopted and approved this 4th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F, KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: Leo F, Frommelt City Clerk Councilman Kolb moved t h e adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 225.57 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named ap• plicants 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 ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Benedict F. Erschen, 262D Uni- versity Avenue. David L. Hickey, 107 Locust Street. Margaret Duggan, 475 Central Avenue. Emil 0. Thompson, 75 East 4th Street. Clarence P. Haupert,1703 Asbury Street, John Beecher, 2399 White Street. Herbert and Mildred Meyer, 735 Central Avenue. Street. Vincent E. Teeling,115 East 22nd Street. Mrs. Louise Pitz, 2995 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Veteran of Foreign Wars, Post No. 9663, Gerald F. Winters, 2203 Carter Road. BE IT RESOLVED that t h e bonds filed by such applicants be and the same are hereby approved. 436 Regular Session, November 4, 1957 Special Session, November 6, 1957 437 ~. ,.. ~s - ~~ Passed, adopted and approved There being no further business ~~ -~~ ~ i ~ ~~ ~ , , : ,,I vember 5, 1957, and acting on any this 4th day of November, 1957. Councilman Kolb moved to adjourn, ~ ! { ~ ' { ~, ~ ~ '. ~ i other business as may properly I i r, C A E e n ~ I ~~' H RL S E. DOVE S co ded by Councilman Kintzin • , . , ~ I , . ~ g ~J ~ ~ _i .. _ I ~, , ~gi ' ~ come before a regular meeting on Mayor er. Carried by the following vote; (OFFICIAL) the City Councih CLARENCE P• WELU Proof of Publication, certified ~ Yeas-Mayor Dove, Councilmen Special Session, November 6, to by the Publisher, of Regular RAY F. KOLB Kintzinger Kolb Schueller Welu• 1957. LEO N. SCHUELLER Municipal Election Ballot far can- CHARLES A, KINTZINGER Council met at 7,30 P.M, didates for Councilmen and Park ~ Nays-None. Present-Ma or Dove, Council- Commissioner for the City of Councilmen Y Attest; Leo F. Frommelt Leo F. Frommelt ' men Kintzinger, Kolb, Schueller, Dubuque, Iowa, said Regular Mu• Cit Clerk Cit Clerk Welu. City Manager Schiltz, Y Y nicipal Election held on Tuesday, Ma o r Dove re i Y ad the call and November 5, 1957, presented and I Councilman Kolb moved the stated that service thereof had read. Councilman Kolb moved that '; adoption of the resolution. Sec• Approved ...............................1958• been daily made and that this the proof of publication be receiv- ' onded by Councilman Schueller. meeting is called for the purpose ed, and filed, Seconded by Council- Carried by the following vote; Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958. of declaring the results of the Reg- man Welu, Carried by the follow- .. Yeas-Mayor Dove, Councilmen uiar Municipal Election held- Nov- in Kintzin er Kolb Schueller, Welu• °°°°~°°°°°°°°~°°°°°° g vote: g ~ ~ ember 5, 1957 and also declaring Yeas-Mayor Dove, Cauncilrnen Nays-None, the results of the issue of Daylight Kintzinger, Kolb, Schueller, Welu. ..........................•,,,,,•.,.• Savings Time voted u on on No- Nays-None. Councilman Kolb moved that the p rules be suspended in order to let November 6, 1957 anyone present address the Coun Councilmen , To the Members of the City Councrl, cil if they so desire. Seconded by City Hall, Councilman Kintzinger• Carried Dubuque, Iowa, by the following vote: .......................•,,,.,.•,,,.,,• Yeas-Mayor Dove, Councilmen Gentlemen; Kintzinger, Kolb, Schueller, Welu• In accordance with the provisions of Section 5021 of the 1954 Code II Nays-None. °°°°°•°°••°° °°°•°°~°° of Iowa, on November 6, 1957, we made a public canvass of hhe election returns of the Regular Municipal Election held on November 5, 1957, and Mr. David Hickey of Cardiff Attest : ...... ................................•.,•. herewith swbmit the report of the results of said canvass. street addressed the Council re- City Clerk questing that something be done to curb the water that runs from COUNCILMEN c mm. the City s water tower over his Reg, Term sidewalk thereby creating a very hazardous condition during freez- ~ ~~ ~~ v ~ ~~ ing weather, Mayor Dove moved ~ ~ ~ ~ ~, ~ ~ s~ that the matter be referred to the q,~ o ,~, ~ ~ ~ ~ ~ ~ ~ o ~ ~ Total City Manager. Seconded by Coun- p° ~' •~ °' ®~ ° u a ro s c~i Votes Pr a1 ecmct ~` ~~ elm ,~vt aH ~a~ Cest Gilman Welu, Carried by the fol- 1st ...,.,...,,. 208 942 403 498 488 828 496 1244 lowing vote: 2nd .,,.,,,.,, 194 993 426 529 526 792 560 1277 Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. 3rd .,...,...,,. 123 574 215 252 287 483 294 708 Nays-None. 4th .,...,,.,,,, 132 395 153 206 230 313 226 524 Councilman W e 1 u called the 5th ..,....,,,,, 156 670 242 389 332 507 381 838 Council's attention to the flagrant Gth •........... 274 978 484 571 558 757 618 1342 violation of the opening of nine- 7th ..,,.,.,..,. 130 .282 147 147 206 213 185 428 teen water hydrants in various 8th ,,.,.,,.,,,, 128 412 173 231 249 321 248 562 parts of the City, as occurred re- 9th ,..,,.,.,,,, 132 378 159 179 275 268 222 518 Gently, by same very irresponsible 10th ...,,,.,..,, 239 645 273 346 367 513 412 886 citizens either juvenile or adult. 11th .,....,.,,,, 237 589 268 294 364 417 335 788 Councilman Welu moved that if possible, more severe measures 12th ,,..,,.,,,,, 190 493 247 232 341 368 259 ~ 697 should be adopted against those 13th ......,,,.., 262 619 274 285 513 458- 303 891 citizens who deliberately open wa- 14th .,.,,,,.,.,, 401 886 408 461 584 645 498 1225 ter hydrants, purely in the spirit 15th .,,.,..,.,., 287 624 376 347 419 435 406 934 of levity and destruction, and the matter be referred ~to the City 16th ,,..,.,,,,,, 163 532 260 294 305 437 331 731 Solicitor for an opinion. Seconded Totals .........,3256 10012 4508 5261 6044 7755 " 5774 13593 by Councilman Kolb. Carried by the following vote: We, Charles E, Dove, Mayor of the City of Dubuque, Iowa and Leo Yeas-Mayor Dove, Councilmen F• Frommelt, City Clerk of the City of Dubuque, Iowa do hereby certify Kintzinger, Kolb, Schueller, Welu. Nays-None,that we publicly canvassed the election returns of the REGULAR MU- 43$ Special Session, November 6, 1957 NICH'AL ELECTION held on November 5, 1957 and find the following results: NOMINATED BY GENERAL ELECTION FOR COUNCILMEN: GEORGE A. FREUND,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,10012 VOTES PETER J. TAKOS ............... ........................... 7755 VOTES LEO N. SCHUELLER ......... ........................... 6044 VOTES NOMINATED BY GENERAL ELECTION FOR PARK COMMIS- SIONER; ARTHUR M, BENNETT ,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,, 5774 VOTES TOTAL NUMBER OF VOTES CAST,,,,,,,,,,,,,,13593, Respectfully submitted, CHARLES E, DOVE, Mayor. LEO F. FROMMELT, City Clerk. Councilman Welu moved that the communication be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION N0. 226.57 Passed, adoped and approved WHEREAS, the Mayor and City this 6th day of November, 1952 Clerk have heretofore. pursuant to CHARLES E. DOVE the provisions of Section 50.21, met Mayor and canvassed the returns of the CLARENCE' P, WELD REGULAR MUNIGI;PAL RAY F, KOLB ELECTION held in the City of LEO N. SCHUELLER Dubuque, November 5, 1957 and CHARLES A, KINTZINGER certified the result of their can- Councilmen vass to the City Council; Attest: Leo F Frornmelt and . 'City Clerk WHEREAS, the City Council has examined said certificate and finds Councilman Welu moved the that the following have been elected adoption of the resolution, Second- for the following offices: ed by Councilman Kolb. Carried COUNCILMAN FOR TERM by the following vote; COMMENCING Yeas-Mayor Dove, Councilmen JANUARY 1, 1958 Iintzinger, I{alb, Schueller, Welu. GEORGE A, FREUND Nays-None, PETER J. TAKOS LEO N, SCHUELLER Proof of Publication, certified to PARK COMMISSIONER by the Publisher, of Mayor's Proc- REGULAR TERM COMMENCING lamation on the issue of Daylight JANUARY 1, 1958 Saving Time, presented and read, ARTHUR M, BENNETT Councilman Welu moved that the Section 1. That GEORGE A, proof of publication be received and filed, Seconded by Councilman FREUND, PETER J. TAKOS and Schueller, Carried by the follow- LEO N, SCHUELLER are hereby ing vote: declared elected to the office of yeas-Mayor Dove Councilmen Councilman of the City of Dubuque , Kintzinger Kolb Schueller Welu, for the terms commencing on or , , , Nays-None before noon of the second secular day of January 1958. Proof of publication, certified to Section 2. That ARTHUR M. by the Publisher, of Ballot for BENNETT is hereby declared Daylight Saving Time Proposition, elected to the office of Park Com- presented and read, Councilman missioner for the regular term. Welu moved that the proof of pub• Section 3, That the City Clerk lication be received and .filed. be and he is hereby authorized and Seconded by Councilman Kolb, directed to issue certificates of Carried by the fallowing vote: election to the foregoing individu- Yeas-Mayor Dove, Councilmen als for the respective offices to Kintzinger, Kolb, Schueller, Welu, which they have been elected. Nays-None. Special Session, November 8, 1957 439 November 6, 1957, To the Members of the City Council, City Hall, Dubuque, Iowa. Gentlemen: We have made a public canvass of the election returns on the fol- lowing question submitted to the electors of the City of Dubuque on November 5, 1957. SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES NO "SHALL THE CITY OF DUBUQUE, IOWA, OBSERVE DAY• 'LIGHT SAVING TIME OF ONE HOUR PER DAY FROM THE LAST SUNDAY IN APRIL TO THE LAST SUNDAY IN SEP- TEMBER, INEACH YEAR, BEGINNING WITH THE LAST SUNDAY IN APRIL, 1958? and herewith submit the report of the results of said canvass. Precinct Yes No Total 1st ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 598 546 1144 2nd ...................................................... 686 533 1219 3rd ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 225 432 667 4th ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 190 294 484 5th ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 373 413 786 6th ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,, 619 576 1195 7th ...................................................... 124 261 385 8th ...................................................... 220 315 535 9th ...................................................... 180 289 469 10th ...................................................... 374 448 822 11th ...................................................... 256 487 743 12th ...................................................... 252 431 683 13th ,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 297 536 833 14th ...................................................... 438 726 1164 15th ...................................................... 370 547 917 16th ...................................................... 369 331 700 Totals ..................................................5571 7165 12736 We, Charles E. Dove, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of public measure of DAYLIGHT SAVING TIME held on November 5, 1957 and find the fol• lowing results: YES,,.....,5571 NO....,...7165 TOTAL...,...,12736 Respectfully submitted, LEO F, FROMMELT, CHARLES E. DOVE, City Clerk. Mayor, Councilman Welu moved that the communication be received and made a matter of record. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilman Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 221.57 Last Sunday in September, in Each WHEREAS the Mayor and City Year, Beginning with the Last Clerk of the City of Dubuque today Sunday in April, 1958? met and canvassed the votes cast WHEREAS the result of such can- at the Regular Municipal Election, vass was found to be as follows: on the following question submitt- Yes-5571 Votes No-7165 Votes ed to the electors of the City of Total-12736 Votes: Dubuque: and SHALL THE F O L L O W IN G WHEREAS it appears from such MEASURE BE ADOPTED? canvass that such public measure YES NO as voted upon was defeated by a "Shall the City of Dubuque, majority of those voting thereon; Iowa, Observe Daylight Saving NOW THEREFORE BE IT RE- Time of One Hour per Day from SOLVED BY THE CITY COUNCIL the Last Sunday in April to the OF THE CITY OF DUBUQUE; 440 Special Session, November 6, 1957 Section 1. That the City Coun- cil accepts the result of said elect- ion as the official expression of the will of the people of the City of Dubuque on the issue of Day- light Saving Time, Passed, adopted and approved this 6th day of November, 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 Sshueller. Car- ried by the following vote; Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Sshueller, Welu. Nays-None RESOLUTION N0. 228.51 BE IT RE'50LVED by the City Council of the City of Dubuque that the following, having com- pliedwith the provisions of law re- lating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City, Mrs. Linnie Dunbar, (Transfer of address from 679 Central Ave- nue) 504 Central. Francis E. Ke11y,70 So. Locust St. BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 6th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELD RAY F, KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Schueller moved that the Judges and Clerks who served at the Regular Municipal ,Election held November 5, be paid the amount of $10.00 each for services rendered as such Judges and Clerks. Seconded by Council- man Welu, Carried by the follow- ing vote; Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Welu moved that Mr, Fred E. Neyens be reappoint- ed to the Dock Commission for a term of three years, to November 26, 1960. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kantzinger, Kolb, Schueller,Welu. Nays-None. There being no further business Councilman Kintzinger moved to adjourn. Seconded by Councilman Kalb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None LEO F, FROMMELT City Clerk Approved ............... . .....1958 Adopted ................... . ..1958 Councilmen ~ ...................................... Attest ..................................:................... City Clerk Special Session, November 25, 1957 441 >1 ®qn ®r 7 ~ f~ ~V 9 ~, I OFFICIAL Special Session, November 25, 1957. Council met at 7:30 P.M, Present-Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Dove read the call and stated service thereof had been duly made and that this meeting is called for the purpose of con- sidering aresolution amending al- location of funds within the func- tional funds, and also setting a date for a public hearing to amend the current budget as approved by Resolution No, 166.56 and Ord- inance No, 1-57 and also acting on any other business that may prop- erly come before a regular meet- ing of the City Council. Communication of D u b u q u e Trades & Labor Congress submit- ting acopy of a resolution adopt- ed by them making an appeal to all working people to refrain from taking additional jobs and tc dis- continue where possible any part time jobs they have in addition to regular full time employment, pre- sented and read. Councilman Welu moved that the communication be referred to the Council for furth- er study. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of E 11 e n E. Murphy, submitting an offer of $200. for Lots 1 and 2 of Mineral Lot 37, except the northerly 60 feet, said lots being vacant and un-used far grate a long time, pre- sented and read. Councilman Welu moved that the Council view the grounds. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None 'Communication of Peoples Nat- ural Gas submitting a photostatic copy of the Assignment of fran- chise wherein North Central Public Service Co, has assigned the oper- ation of the gas distribution system to them, presented and read. Councilman Welu moved that the communication and assignment be referred to the City Solicitor for study and report. Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None Council proceedings for the mon- th of June 1957 presented for ap- proval. Councilman Welu moved that the proceedings for the month of June 1957 be approved as print- ed. Seconded by Councilman Kint- zinger. Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. November 14, 1957 To the Honorable Mayor and City Council llubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of October as well as list of claims and list of payrolls for which war- rants were issued for the month of October, 1957. Respectfully submitted L, J. Schiltz City Manager Councilman Kolb moved that the reports be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor -Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None Proof of Publication, certified to by the Publisher, of Statement of receipts and list of claims and pay- rolls for which warrants were drawn during the month of Oc- tober 1957 presented and read, Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None (~ ~ ~~ ~" 442 Special Session, November 25, 1957 November 11,1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On March 25, 1957, your Honor- able Body adopted Resolution No. 58.57 and No. 60-57 directing all owners of lots abutting on the City of Dubuque 1957 Surfacing proj• ects to make connections from the sewer and water mains to the curb line of said lots. The City of Du- buque owned property abutted by these surfacing projects. The tab- ulation for final cost of construct- ing these connections per lot is as follows; Lot Na. 3 of Kringles Subdivis- ion, cost $159.89. Lot No, 4 of Kringles Subdivis- ion, cost $159,90. Lot No. 29, of Rosedale Addition, cost $22825, Lot No. 179, of Grandview Ave- nue Addition, cost $273,35. Lot No. 179, of Grandview Ave• nue, cost $426.22. Total cost $1,247.61 I, therefore, recommend that the City Auditor be instructed to issue a warrant drawn on the Street Construction Fund payable to the contractor, Andrew Fondell & Sons, in the amount of $1,247.61. I, also, recommend that this letter be made a matter of record, Respectfully submitted, L. J. Schiltz City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, November 11, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On March 25, 1957, your Honor- able Body adopted Resolution No. 58-57 directing all owners of lots abutting on City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1 to make connections from the sewer and water mains to the curb line of said lots prior to April 25, 1957, and further dir- ecting that this office proceed to have said connections made in the event any property owner shall fail to make said connections. This is to certify that the own- ers of the property listed on the attached schedule failed or refus- ed to make said connections to said property prior to April 25, 1957; that pursuant to said re• solution, I contacted Andrew Fon• dell & Sons to make said connect- ions; that the cost of said work, as provided in said contract is $1,679.73; that there is now 'due and owing to the contractor the sum of $1,679.73 that the cost of making said connections charge- able to each lot is as the same appears on the attached schedule. I, therefore, recommend that the City Auditor be instructed to issue a warrant drawn on the Sanitation Fund payable to the contractor in the amount of $1,679.73; that the .cost of such connections be as- sessed against said lots as set forth in the attached schedule; and that the City Clerk be authorized and directed to certify said assessments to the County Auditor to be col• lected in the same manner as general property taxes in accord- ance with Section 4 of Chapter 151 of the Acts of the 54th General Assembly of Iowa, Respectfully submitted, L. J, Schiltz City Manager CPPY OF DUBUQUE, IOWA. Schedule of Assessments For-Sewer and Water Con- nections on newly paved streets as per Resolution No, 58.57 adopt- ed March 25, 1957 Fred H. Hintz, owner of lot 18, Kings Grove Addition, assessment $188.31. T. E, Rhomberg Est,, owner of lot 602, Hams Addition, assessment $147.90, T. E. Rhomberg Est,, owner of lot 603, Hams Addition, assessment $147.90, T. E. Rhomberg Est., owner of lot 604, Hams Addition, assessment $147,90. Marril Griffin, owner of lot 75 & N. 40' of Lot 74, Woodlawn Park Addition, assessment $641.35. Maureen & A, J. Griffin, owner of lot 38, Rosedale Addition, as- essment $185.90. Special Session, November 25, 1957 443 Gerald Udelhoffen, owner of lot 36, Rosedale Addition, assessment $111.43, Gerald Udelhoffen, owner of Lot 35, Rosedale Addition, assessment $109.04. Total $1,679.73 Councilman Welu moved that the recommendation of the City Manager be approved and that the communication be made a matter of record. Seconded by Councilman Kintzinger. Carried by the follow- ing vote. Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None November 25, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Code of Iowa provides that if a city notifies the State Auditor within sixty days after the end of the year, the accounts and records may be audited by a private cer- tified public accountant, This practice has been followed in the past with the Council tak- ing action after January 1st, how- ever, dot to a provision in the Wa- ter Revenue Bond Issue the Water Department accounts must be veri- fied prior to December 31st. In order that the accounting firm can schedule their work, approval by the Council should be given prior to December 31st. The firm of Brooks, O'Connor and Brooks have audited the city accounts for the past several years and know the procedure required by the State. I recommend that the firm of Brooks, O'Connor and Brooks be retained by the City for the 1957 audit, Respectfully submitted, L. J. Schiltz City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Schueller. Car- ried by the following vote. Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. November 25, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; Due to complaints received re- garding the dangerous condition existing in front of Loras Acad- emy, an investigation was under- taken to determine what could be done to eliminate double parking and get the pedestrians to use the pedestrian crossings, It is believed that the elimina- tion of parking on the south side of Loras Boulevard from Prairie Street to Walnut Street would pro- vide space for discharging passen- gers and thereby eliminate double parking at the crest of the hill which cuts down. visibility. 'Phis space is mainly used by students for parking as residents have space to park off the street. I recommend that parking' be eliminated on the south side of Loras Boulevard between Prairie and Walnut Streets. Respectfully submitted, L. J. Schiltz City Manager Councilman Welu moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Kolb. Carried by the following vote. Yeas-1Vlayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, November 23, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; This is to advise that I have ap- proved the following bonds and desire to have your approval on same for filing, subject to theap- proval of the City Solicitor: HEATING Acheson Heating Company Western Surety Company Mary Mae De Journett D/B/A Hollander Air Con- ditioning Systems Columbia Casualty Company SIDEWALK Gilbert F. Roling Columbia Casualty Co, of N.Y. J i 9 II 'AI k i. } 44~ Special Session, November 25,1957 EXCAVATION 'George I. Beaves D/B/A George I. B e a v e s Plumbing & Heating 1603 Central Avenue Respectfully submitted, L. J. Schiltz City Manager Councilman Kolb moved that the bonds and policies be filed sub- ject to the approval of the City Solicitor. Seconded by Councilman Welu. Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None November 15, 1957 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of Stephen J. Welu, 2340 Abbott Street, for damages sustained Oc- tober 30, 1957 when his car struck a hole in Rosedale Avenue. It appears from an examination of the claim that the hole had been properly barricaded a n d lighted but that the barricade had been removed by persons unknown, without knowledge or notice to the City, and for that reason I can find na negligence on the part of the City, and recommend that the claim be denied. Respectfully, T. H, Nelson Councilman Welu moved that the recomendation of the City Solicitor be approved, Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Notice of claim of Wilma E. Nickles, in the amount of $2.00, for cleaning cost incurred as the result of her .car being sprayed with salt by a City crew near Jef- ferson High School on November 20,1957, presented and read, Coun- cilman Kintzinger moved that the claim be referred to the City Sol- icitor for investigation and report, Seconded by Councilman Schuell- er, Carried by the following, vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, November 20, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am herewith presenting an Ordinance for your consideration for the establishing of regulations for curb cuts in requiring that a permit be obtained therefor. Up until the present time, all curb cuts were made under the direction of the City Engineer, however, there were no curb cut rules or authority for him to deter- mine whether or not a curb cut should be made, This ordinance gives the City Manager the auth• ority to approve of curb cuts that are performed under the specifi- cations approved by the City En- gineer and the City 'Councih I recommend that the City Coun- cil approve this ordinance and proper specifications for the curb cuts will be submitted and given to the City Council for their ap• provah Respectfully submitted, L. J. Schiltz City Manager Councilman Welu moved that the recommendation of the City Manager be approved, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE N0. 62.57 An Ordinance Establishing Reg- ulations far Curb Cuts and Requir- ing that Permit be obtained there- fore; and Providing Penalty for Violation hereof, presented and read. Councilman Welu moved that the reading just had be consider- ed the first reading of the Ordin• once. 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 waived requiring an Ordinance to be read on three separate days, Seconded by Coun• Gilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None, Special Session, November 25, 1957 445 ORDINANCE N0, 62.57 An Ordinance I7stablishing Regulations for Curb Cuts and Requiring that Permit be Obtained therefor; and Proving Penalty for Violation hereof. Be It Ordained by the City Council of the City of Dubuque: Section 1. That no person shall be- gin to conslrucC, reconstruct, repair, alter or change any curb, curb cut or driveway on the public streets or alleys of the City of Dubuque without first obtaining a permit therefor from the City Manager, as provided by this Ordinance; Secion 2- An applicant fora per- mit hereunder shall file with the City bIanager an application showing the name and address of the owner of the property abutting the proposed work area; the name and address of the party doing the work, and such other information as the City Man- ager shall find reasonably necessary to the determination of whether a permit should issue hereunder; Section 3. Any person or firm de- siring~ to engage in the construction of driveways or the alteration of curbs on public streets in the City of Du- buque, as a business, shall exeoute a surety company bond in the sum of One T7tousand Dollars (1,000) con- ditioned that he will hod the City harmless from damage because of any negligence oP himself or his employees while doing- the work and that he will ]seep the work in good and per- fect repair for the time stated in the standard plans and specifications for such work, and shall be liable on said 'bond to the City and property owner for any damage, loss and expense caused by mason of his failure to do the work according to the standard specifications, and for any breach of the bond. One of the conditions of the bond shall be that the Engineer's decision that the work needs repair shall be final. Such bond shall be subject to annual approval by the City Council; Section 4. The City Manager shall issue a permit for the work applied for hereunder when he finds: (1) That the work will be done in accordance with the standard specifi- cations for curbs, curb cuts and drive- ways prepared by the City Engineer and approved by the City Council; (2) That the proposed work will not unreasonably interfere with ve- hicular and pedestrian traffic, the demand and necessity for parking spaces and means of egress and in- gress to and from the property af- fected and adjacent property; (3) That the health, welfare and safety of the public will not be un- reasonably impaired; Section 5. The owner of the abut- ting property shall agree, as a con- dition to the granting of the permit, for himself and his successors in title to the abutting property, to make, at the expense of the abutting property, all necessary changes in the improve- ment as may subsequently be found reasonably necessary for the preser- vation of the public health, welfare or safety; Section 6. The City Manager shall not hereafter grant permission for any curb cuts in any of the curbs on Looust Street between Jones Street and Southern Avenue or on Kerrigan Road from Soutlern Avenue to the City limits without prior approval by the City Council, nor shall he grant permits for driveways providing ac- cess to the foregoing enumerated streets without prior approval from the City Council; Section 7, Any person, firm or corporation tvho violates any of the provisions of this Ordinance shall, upon conviction thereof, be fined not to exceed One Hundred Dollars ($100), or be imprisoned for a period not to exceed thirty (30) days. Section 8. This Ordinance shall be in full force and effect from and after its fins] passage, adoption and pub- lication as by law provided. Introduced the 25th day of Novem- ber, 1957. Rule requiring reading on three separate days suspended by unamious vote the 25th day of November, 1957. Passed by recorded roll-call vote, adopted and approved this 25th day of November, 1957. CHARLES E, DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. RINTZINGER, Councilmen Attest: Leo F. Frommclt, City Clerk. Published officially in the Tele- graph-Herald newspaper this 29th day of November 1957. LEO F. FROMMELT, lt, 11-29 City Clerk Councilman Welu moved the adoption of the Ordinance, Second• ed by Councilman Kolb, Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Commercial Union- Ocean Group Insurance, request- ing release of a sidewalk con- struction bond issued to Frank E. Miller, presented and read. Coun- cilman Kolb moved that the pet- ition be granted providing there are no outstanding claims. Second- ed by Councilman Schueller. Car- Tied by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Bush Realty Co. re- questing permission to axaavate in the alley from 717 to 779 Iowa Street in behalf of Safeway Park- ing Company, presented and read. Councilman Welu moved that the petition be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Leland P, Stocker re• questing the Council to view the triangular plot of ground owned by the Iowa State Highway Com- mission at the junction of Meadow Lane and Dodge street to consider beautifying same until the widen- ing of Highway No. 20 occurs, ~~ 446 Special Session, November 25, 1957 presented and read. Councilman Kintzinger moved that the Council view the grounds and a copy of the petition be sent to the Park Board. Seconded by Councilman Welu. Carried by the fallowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of David H. McCarron et al requesting the installation of stop signs at the intersection of Chaney and Hillcrest Roads, pre- s e n t e d and read. Councilman Schueller moved that the petition be referred to the City Manager. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Merlin Jungers et al requesting the opening of the twenty foot alley from Robin street running both north and south to the property lines, presented and read. Councilman Welu moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Kolb. Carri• ed by the fallowing vote: Yeas-14layor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Welu moved that the rules be suspended to allow anyone present address the Council if they so desire. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, We1u. Nays-None, Mr, Jerry Burroughs, Leo Adams and Merlin Jungers all spoke in support of their petition to opening and grading the twenty foot alley from Robin street north and south in the lope that the matter would be settled one way or another. Mrs. Lillian Kassmeyer voiced objections. Petition of Alida Motel request- ing permission to place a sign near or about the Canfield Hotel sign now by the four lane high- way, due to the fact that they have lost considerable business due to the change of the highway from Rockdale Road, presented and read, Councilman Welu moved that the petition be referred to the City Manager for investigation and that suggestions should be made to the proper parties. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Conlon Construction Co, requesting permission to blast in the vicinity of 32nd & Central Avenue, presented and read. Councilman Schueller moved that permission be granted. Seconded by Councilman Kolb. Carried by the following vote. Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Merle Mathis, re- questing arefund of $50.00 on the unexpired portion of cigarette license No. 228, as he has discon- tinued business as of November 1, 1957, presented and read. Council- man Kolb moved that the refund be granted and the Auditor in- structed to draw a warrant payable to Merle Mathis in the amount of $50,00 to cover the unexpired por- tion of cigarette license No, 228. Seconded by Councilman Schuell- er. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Mary and William Petrakis, requesting a refund of $50.00, on the unexpired portion of cigarette license No. 272, as they have discontinued business as of November 17, 1957, presented and read. Councilman Kolb moved that the refund be granted and the Auditor instructed to draw a war- rant payable to Mary and William Petrakis, in the amount of $50.00, to cover the unexpired portion of cigarette license No. 272, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of St, Mary's Church requesting permission to install an eight inch steam line from the boiler room on Church property in a northerly direction across 16th street through the alley be- low all existing City services; re• questing a surrender of right of Special Session, November 25, 1957 447 way easement and vacation of cer- tain strips of property abutting St, Mary's Casino building; requesting permission to construct a canopy, presented and read, Councilman Welu moved that the petition be referred to the City Manager and the various departments concern- ed, Seconded by Councilman Kint- zinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of George & Addie Jeck- lin requesting re-zoning of Lot 1 of Addies Place and the East 50' of Lot 2 of Burkart Sub.; Lot 2 of 2 of 1 of 1 and all that part of Lotloflaflofloflof George Jecklin Farm in the City of Dubuque from Single Family to Local Business District A classi- fication, presented and read, Coun- cilman Welu moved that the pe- tition be referred to the Planning & Zoning Commission. Seconded by Councilman Kolb. Carried by the following, vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None, November 7, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the improvement of East 6th Sheet with Concrete Paving, Integral Curb and Storm Sewer from the East Property Line of White Street to the West Track (Spur) of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company under construction by Schueller and Com- ponyhas been completed in accord- , ante with the plans and specifi- cations. I therefore recommend that this work be accepted. Respectfully submitted, L, J. Schiltz City Manager Councilman Kolb moved that the recommendation of the City Manager be aproved, Seconded by by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Ifolb, Schueller, Welu, Nays-NOpe, ~, Final Estimate CITY OF DUBUQUE, IOWA RESOLUTION PdO. 229.57 WHEREAS, the contract for the improvement of East 6th Street with Concrete Paving, Integral Curb and Storm Sewer from the East Property Line of White Street to the West Track (Spur) of Chic- ago, M i l w a u k e e, St. Paul and Pacific Railroad Company has been completed and the City Engineer has submitted his final estimate showing the cost. thereof includ ing the cost of estimates, notices, inspections, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $14,248.25. That $10,907.56 of the cost there- of shall be paid from the East 6th Street Paving fund and $3,700,00 shall be paid from the 162J1 City Share Special Sewer Tax Fund of the City of Dubuque, Passed, adopted and approved this 25th day of November 1957. CHARLES E. DOVE Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KRVTZINGER Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting Improvement) CITY OF DUBUQUE, IOWA RESOLUTIOR! N0. 23A•57 WHEREAS, the contract far the improvement of East 6th Street with Concrete Paving, Integral Curb and Storm Sewer from the East Property Line of White Street to the West Track (Spur) of the Chicago, Milwaukee, St, Paul and Pacific Railroad Company has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, ~ I " ', I~' f, 448 Special Session, November 25, 1957 plans and specifications and re- commends its acceptance, now therefore, BE IT RESOLVED; by the City Counell of Dubuque, that the re- commendation of the City Manager be approved and that said im- provement be and the same is hereby accepted BE IT FURTHER RESOLVED, that the City Treasurer be and is hereby directed to pay to the con- tractor from the East 6th Street Paving Fund and 162JI-City Share Special Sewer Tax Passed, adopted and approved this 25th day of November, 1957 CHARLES E, DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KIlVTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. November 16, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; This is to advise you that the improvement of Sullivan Street from the North Property Line of English Lane to the South Pro- perty Line of Levi Street with as- phaltic macadam surfacing under construction by the City Street Department has been completed in accordance with the plans. I therefore recommend the ac- ceptance of this work. Respectfully submitted, L. J, Schlitz, City Manager Councilman I{olb moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Final Estimate CITY OF DUBUQUE, IOWA RESOLUTION N0. 231.57 WHEREAS, the contract for the improvement of Sullivan Street from the North Property Line of English Lane to the South Property Line of Levi Street with asphaltic macadam surfacing has been cam- plated and the City Engineer has submitted his final estimate show ing the cost thereof including the cost of estimates, notices, inspec• tion, and preparing the assessment and plat, now therefore, Be IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $1,118.49. That $1,118.49 of the cost thereof shall be assessable upon private property and $--- shall be paid from the -• Fund of the City of Dubuque. Passed, adopted and approved this 25th day of November 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KIlVTZIlVGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting Improve• went and Directing the Clerk to Publish NaticeJ. CITY OF DUBUQUE, IOWA RESOLUTION N0. 232.57 WHEREAS, the contract for the improvement of Sullivan Street from the North Property Line of English Lane to the South Pro- party Line of Levi Street with as- phaltic macadam surfacing h a s been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, Special Session, November 25, 1957 448 that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- essment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall up- on receipt of such plat and sched- ule publish the notice of t h e Council's intention to levy special assessments therefore, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided far therein. Passed, adopted and approved this 25th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZBVGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kalb. Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. November 16, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; This is to advise you that the im- provement of Cleveland Avenue from the West Property Line of Bryant Street to the East Property Line of State Street with Asphaltic Macadam Surfacing under con- struction by the City Street De- partmenthas been completed in ac- cordance with the plans. I therefore recommend the ac- ceptance of this work. Respectfully submitted, L, J. Schlitz City Manager Councilman Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Final Estimate City of Dubuque, Iowa RESOLUTION N0. 233.57 WHEREAS, the contract for the improvement of Cleveland Avenue from the West Property Line of Bryant Street to the East Prop- erty Line of State Street with as- phaltic macadam surfacing has been completed and the City Engi- neer has submitted his final esti- mate showing the cost thereof in- cluding the cast of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cast of said improvement is hereby determined to be $752,58. That $752,58 of the cost thereof shall be assessable upon private property and $- shall be paid from the -Fund of the City of Dubuque. Passed, adopted and approved this 25th day of November 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; Leo F, Frommelt City Clerk Councilman Welu moved t h e adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting Improve- ment and Directing thg Clerk to Publish Notice), City of Dubuque, Iowa RESOLUTION N0. 234.51 WHEREAS, the contract for the improvement of Cleveland Avenue from the West Property Line of Bryant Street to the East Property Line of State Street with asphaltic macadam surfacing has been com- pleted and the City Manager has 450 Special Session, November 25, 1957 examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the .recommendation of the City Manager be approved and that said improvement be and the same is accepted and the City Engineer be and is hereby directed to pre- pare aplat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefore, as required by law, BE IT FURTHER RESOLVED, that the City Treasurer be and is hereby directed to pay to the con- tractor from the funds to be re- alized from the sale of street im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 25th day of November, 1957, CHARLES E, DOVE Mayor CLARENCE P. WELD RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F, Frommelt City Clerk Councilman Welu moved the adoption of the resolution, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. November 20, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: In order that the detailed expen- ditures in the General Fund, Street Fund, Public Safety Fund, Sani- tation Fund, Municipal Enterprise- Dock Fund, Utilities-Street Light- ing Fund, Recreation Fund and Trust and Agency Funds will be in line with the actual expenditures and not be overdrawn, I recom- mend that the City Council approve the reallocation of funds within the above functional funds as appro- priated in Ordinance No. 1-57 and as listed in the attached Resolu- tion. Respectfully submitted, L. J, Schlitz City Manager Councilman Welu moved that the recommendation of the City Man- alter be approved, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION N0. 23557 Amending Allocation of Funds. Whereas, the City Council of the City of Dubuque allocated funds within the General Fund, Street Fund, Public Safety Fund, Sanitation Fund, Municipal Enterprise-Dock Fund, Utilities-Street Lighting Fund, Recreation Fund and Trust and Agency Funds on January 7, 1957, and Whereas, Paragraph 3 of Section 5 of the Acts of the Fifty-fourth General Assembly provides that the City Council may amend the alloca- tion of funds within the functional funds by resolution, therefore, Be It Resolved that the allocation of funds within the General Fund, Street Fund, Public Safety Fund, Sanitation Fund, Municipal Enterprise- Dock Fund, Utilities-Street Lighting Fund, Recreation Fund and Trust and Agency Funds are hereby amended by the following changes: GENERAL FUND Item 101 City Council from,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,$ 4,520.00 to $ 6,020,00 Item 102 City Manager's Office from,....,..,,.,, 33,860,00 to 30,235,00 Item 103 City Clerk's Office from,,,,,,,,,,,,,,,,,, 9,352,00 to 9,552.00 Item 105 City Treasurer's Office from,..,..,,, 8,250,80 to 9,000.80 Item 106 City Solicitor's Office from,,,,,,,,,,,,,, 12,838,00 to 13,038.00 Special Session, November 2S, 1857 Item 114 City Buildings from ,,,,,,,,,,,,,,,,,,,,,,,,,, 25,950.00 to Item 116 Civil Service Commission from.,,,,, 300.00 to Item 121 Building Commissioner's Office from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7,244.00 to Item 122 Plumbing Inspector's Office from 13,354,00 to Item 148-C Miscellaneous from ,,,,,,,,,,,,,,,,,,,,,,,, 26,770.00 to Item 160 Capital Improvements from.,..,.,,,,,, 46,766,40 to STREET FUND Item 131 Highway Administration from.,,,,,,, 11,282.00 to Item 135-J Street Construction from ................ 106,999.00 to Item 141 Snow Removal from,,,,,,,,,,,,,,,,,,,,,,,,,, 36,625.00 to Item 142 Traffic Signs and Markings from.,,, 18,200.00 to Item 161 Bridge and Viaduct Construction rom ......................... 10,000,00 to Item 162 City Share of Special Street Tax ; " from 15,000,00 to PUBLIC SAFETY FUND Item 115 Police Court from .............................. 5,077,00 to Item 118 Police Department from,,,,,,,,,,,,,,,,,, 287,961,00 to Item 119 Fire Department from .................... 355,864.60 to Item 119-E Fire Equipment from ,,,,,,,,,,,,,,,,,,,,,, 6,000.00 to Item 120 Fire and Police Alarm from.,.,,..,..., 15,170.00 to Item 124 Dog Pound from ................................ 4,097.50 to Item 148-E Ambulance from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 10,626.00 to Item 150 Civil Defense from ,,,,,,,,,,,,,,,,,,,,,,,,,, 7,500,00 to SANITATION FUND Item 127 Sewer Maintenance from,,,,,,,,,,,,,,,,,, 34,675,00 to Item 129 Milk Inspection from ,,,,,,,,,,,,,,,,,,,,,,,, 9,564.00 to Item 134 Ash, Rubbish and Garbage Collec- tion from ............................................ 106,000,00 to Item 140 Street Cleaning from,,,,,,,,,,,,,,,,,,,,,,,, 41425,00 to Item 162 City Share Speeial Sewer Tax from Item 162-J•2 Main Sewers and Inlets from,,,,,;„;' 24;000AO to 56,503,50 to MUNICIPAL ENTERPRISE-DOCK FUND 481 30,950.00 425.00 7,644,00 14,004.00 30,270,00 38,066.40 12,032,00 134,999,00 22,625,00 16,200,00 6,250.00 s,ooo.oD 8,577.00 286,361.00 352,164.60 3,300.00 14,870.00 3,697.50 11,126.00 12,200,00 39,675,00 10,314.00 107,000.00 45,925,00 l3,lDO,oo 51,153,50 Item 153-A Dock Operation from,,,,,,,,,,,,,,,,,,,,,,,, 6,145,00 to 10,895,00 Item 153-B Dredge Operation from .................... 63,355,00 to 58,605.00 UTILITIES- STREET LIGHTING FUND Item 138 Street and Traffic Lighting from.,., 54,000.00 to 54,700,00 Item 138-F Maintenance from ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7,500,00 to 6,800.00 RECREATION FUND Item 145-A Recreation Administration from,,,, 10,632,00 to 11,412,00 Item 145-B Outdoor Recreation from,,,,,,,,,,,,,,,,,, 20,754.00 to 22,534.00 Item 145-D Indoor Recreation from,,,,,,,,,,,,;,,,,,,, 10,669.00 to 8,744.00 Item 145-E Swimming Pool from ,,,,,,,,,,,,,,,,,,,,,,,, 16,394.00 to 15,759,00 TRUST AND AGENCY FUNDS Item 156-J-1 State Employees' Retirement Fund from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 25,000.00 to ' 24,000.00 Item 156-J-2 Federal Old Age and Survivors Insurance from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15,000.00 to 16,000,00 Passed, adopted and approved this 25th day of November, 1957. CHARLES E, DOVE, Mayor. CLARENCE P. WELU, RAY F. KOLB, LEO A. SCHUELLER, CHARLES A. KINTZINGER,' Councilmen, Attest; LEO F. FROMMELT, City Clerlt; Councilman Welu moved the adoption of the resolution. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None, 1 1 452 Special Session, November 25, 1957 November 20,_1957. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; At the time the 1957 budget was prepared and approved we had not completed the work on our 1957 Street Construction Program. It was anticipated that there would be certain unexpended balances in the Street Fund that would be available for the 1957 Street Con- struction Program, Estimates that were made in the Street Road Use Tax Fund were lower than the actual balances that we had on hand at the end of 1956. In order that the actual expendi- tures far the construction of West 3rd Street, Grandview Avenue Ex- tension, the widening of the pave- ment in connection with the high- way improvement on South Lo- cust,the widening of Pennsylvania Avenue and some of the curb and gutter projects be in line with that appropriated, the City Council may amend the budget provided that no tax increase is necessary, I recommend that the amended budget as submitted be approved in order that the Street Road Use Tax appropriation will not be over- spent as there is sufficient funds available in this fund to take care of this additional appropriation. Very truly yours, L. J. Schutz City Manager Councilman Welu moved that the recommendation of the City Man- ager.be approved.. Seconded by Councilman Kolb. Carried by the following vote: Yeas-klayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None, .ORDINANCE N0. 63.57 An Ordinance Amending Budget as approved'. by Resolution No. 166- 56 and Ordinance No, 1-57, pre- sented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance, Sec- onded by Councilman Kolb, Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays--None. Councilman Weln moved that the rule requiring reading of an Ordinance on three separate days be waived,-Seconded by Council- man Kolb. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu Nays-None, Councilman Welu moved that a public hearing be held on the Or- dinance on December 9, 1957 at 7;30 o'clock P. M, in the Council Chamber and that the' City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 23b•51 WHEREAS, the City Manager has submitted an amended budget estimate as provided in Chapter 53 of the Acts of the 55th General Assembly and the City Council has duly considered and caused to be prepared the. amended budget es- timate of expenditures for the fis- cal year beginning January i, 1957 and ending December 31, 1957; us- ing unencumbered balances of Jan- uary l; 1957 that were not antici- pated:.. _ NOW; THEREFORE,`Be It'Re- solved by the City Council of the City of Dubuque that' said Amend- ed Budget estimate be and t h e same is hereby ordered filed in the office of the-Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 9th day of December, 1957 at 7:30 P. M, in the Council Chamber in the City Ha1L- Be It Further Resolved that said clerk be and he is directed to cause said amended budget estimate of expenditures to be published in the official newspaper of the City of Dubuque and an official notice to be given of the time and place, when and where said amended budget estimate will be considered by said Council for final adoption at which time and place taxpayers will be heard for or against said estimate, said publication to. be not less than ten days before said hearing. Special Session, November 25, 1957 453 Passed, adopted and approved this 25th day of November 1957, CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIIVTZINGER Councilmen Attest; Leo F, Frommelt City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 231.57 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Robert M. Smith, .1563 Central Avenue. Lester A, Foell, Sr,, 1638 Central Avenue. Mrs. Marcella Roeder (Effective 1/1/58); 25 West 7th Street, BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 25th day of November, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; Leo F. Frommelt City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, November 25, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; This is to advise that the con• tract for the tuckpointing, water- proofing; cleaning and painting of the exterior of the City Hall has been completed. Attached to the contract is a bill for extra work performed by the same contractor which includes removing the brick on the Central Avenue entrance and replacing same with bricks to match the old- er brick, six extra stone window sills which were found to be de- fective when cleaned, replacing one hundred and two window lights in present sash, repairing storm win- dows, painting same and other miscellaneous painting all accord- ing to the items as listed. I therefore recommend accept- ance of the contract work and the extra work. Respectfully submitted, L. J. Schutz City Manager Councilman Kolb moved that the recommendation of the City Man• alter be approved. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, .Kolb, Schueller, Welu. Nays-None, (A Resolution Accepting Imprave• ment). City of Dubuque, Iowa RESOLUTION N0.23&51 WHEREAS, the contract for Tuckpointing Waterproofing, Cleaning and Painting the Exte- rior of the City Hall, 13th Street and Central Avenue has been com- pleted and the City Manager has examined the work and filed his certificate stating that. the same has been completed< according. to the terms of the contract, plans and specifications and recommends: its acceptance, now therefore, BE IT RESOLVED,by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted.; BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund. i I~ - r 454 Special Session, November 25, 1957 .Passed, adopted and approved this 25th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kolb moved; t h e adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 239.51 Preliminary Resolution for the construction of a Sanitary Sewer including as follows: 1. 8", 12", 24" and 30" Vitrified Clay Pipe. 2. 30" Cast Iron Pipe. 3. Sewage Pumping Station. 4. 16" Cast Iron Pipe Force Main. 5. Manholes. fi. And All Appurtenances. WHEREAS, the City Council deems it necessary to institute pro- ceedings for the construction of a Sanitary Sewer, Lift Station and Force Main: I Sanitary Sewer located in streets and alleys as follows: 1. In Sycamore Street from the South Property Line of Vacated East 19th Street to the center line of East 14th Street. 2. In East 14th Street from the center line of Sycamore Street to the East Property Line of Lot 448 of East Dubuque Addition No, 2. 3. In Cedar Street from the cen- ter line of East 16th Street south to the center line of Lot 346 of East Dubuque Addition No, 2 ex- tended. 4. In Maple Street from the South Property Line of East 18th Street to the center line of East 15th Street, 5. In the alley between Pin e and Maple Streets from the center line of East 16th south to the cen- ter line of Lot 282 of East Du- buque Addition Na. 2 extended. 6. In East 15th Street from a point 13 feet oast of the East Property Line of Pine Street to the center line of Sycamore Street: 7. In East 16th Street from a point 10 feet east of the East Prop- erty Line of Pine Street to the cen- ter line of Maple Street. 8. In East 16th Street from the center line of Cedar Street east to a point 10 feet west of the East Property Line of Lot 378 of East Dubuque Addition No. 2. 9, In East 16th Street from a paint 10 feet east of the West Prop- erty Line of Lot 418 of East Du- buque Addition No, 2 to the sewer line in Sycamore Street. II The Force Main is located in East 15th Street from Lot 412 of East Dubuque Addition No. 2 to the intersection of the center line of East 15th Street and Whit e Street. III The Lift Station is to be lo- Gated in Lot 412 of East Dubuque Addition No. 2 and to specially benefit the following described area: By a line beginning at the south- west corner of Lot 1 of 261 of East Dubuque No. 2 and running in a northerly direction along the east line of Pine Street to the north- west corner of Lot 247 of East Du- buque No. 2; thence easterly along the northerly line of said Lot 247 to the northeast corner of said Lot 247; thence across East 17th Street and northerly along the westerly line of Lot 246; thence easterly along the northerly line of Lot 246 to the northeast corner of said Lot 246 all of East Dubuque No. 2; thence easterly across the alley between Pine and Maple Streets to the southwest corner of Lot 300 of East Dubuque No. 2; thence northeasterly along the diagonal line to the northeast corner of Lot 301 of East Dubuque No. 2; thence northeasterly across East 16th Street to the southwesterly corner of Lot 2 of the subdivision of the vacated part of Maple Street; thence running northeasterly along the westerly line of said Lot 2 and continuing northeasterly along the westerly line of Lots 1 of 305 and 2 of 304, bath being of East Du- buque No, 2, to the southwesterly corner of Lot 2 of 1 of Mineral Lot 106; thence continuing northeast- erly along the westerly line of said Lot 2 of 1 to the northwesterly cor- Special Session, November 25, 1957 ner of Lot 1 of 5 of Block 2 of Railroad Addition; thence continu- ingnortheasterly along the westerly lines of said Lot 1 of 5 and Lot 2 of 4 of Block 2 of Railroad Addition to the northeast corner of said Lot 2 of 4; thence northerly along the easterly line of Lots numbered 1 of 4 to Lot 1 inclusive of Block 2 of Railroad Addition to the north- east corner of said Lot 1; thence easterly across Cedar Street to the northwesterly corner of Lot 1 of Block 3 of Railroad Addition; thence in a northerly direction across vacated East 19th Street and along the westerly line of Lots numbered 1 to 5 inclusive, all be- ing of Block 4 of Railroad Addi- tion, to the northwesterly corner of said Lot 5; thence easterly along the northerly line of said Lot 5 across the vacated alley between vacated Cedar and vacated Syca- more Streets to the southwesterly corner of Lot 30 of the subdivision of Mineral Lot 107; thence north- erly along the westerly lines of Lots numbered 30 to 28 inclusive, all being of the subdivision of Min- eral Lot 107, to the northwesterly corner of said Lot°28; thence east- erly along the northerly line of said Lot 28 and across vacated Sycamore Street to the southwest- erly corner of Lot 12 of the Sub- division of Mineral Lot 107; thence northerly along the westerly line of said Lot 12 to the northwesterly corner of said Lot 12; thence east- erly along the northerly line of said Lot i2 and across the vacated alley between vacated Sycamore Street and vacated Lynn Street to the southwesterly corner of Lot 21 of Block 6 of Railroad Addition; thence northerly along the westerly lines of Lots numbered 21 and 22 of Black 6 of Railroad Addition to the northwesterly corner of said Lot 22; thence running North 31°14' east along the southerly line of vacated Peosta Street to a point on the southerly line of Lot 1 of Mineral Lot 466 being 264' west of the southeasterly corner of said Lot 1; thence continuing North 31° 14' east to a paint of intersection with the easterly line of vacated Marsh Street extended; thence running southerly along the east- erly line of vacated Marsh Street extended to the northerly line of vacated East 19th Street; thence 455 westerly along the northerly line of vacated East 19th Street to the westerly line of Ash Street; thence southerly across vacated East 19th Street to the northeasterly corner of Lot 20 of Block 13 of Railroad Addition; thence westerly along the northerly line. of said Lot 20 for a distance of 18 feet;. thence. running in a southerly direction and parallel to the vacated alley between va- cated Lynn and Ash Streets to the southerly line of East 15th'Street; thence easterly along the'southerly line of East 15th Street for a dis• tance of 18 feet to the westerly line of Ash Street; thence southerly along the westerly line of Ash Street to the northerly line.. of East 14th Street; thence westerly along the northerly line of East 14th Street to the point of beginning, (Excluding Lots 282 to'28fi 'and'321 to 325 inclusive of Easf Dubuque Addition No. 2). - That portion of Dubuque' Indus- trial Park that lies north o€ a ine 1100 feet north of the North Prop- erty Line of 16th Street to't h e South Property Line of Roosevelt Street extended. NOW; THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: 1. That the City Engineer is here• by instructed to prepare prelim- inary plans and specifications, an estimate of total costs, and a plat and schedule for said improvement and place same on file with the City Clerk. 2, That the property to be bene- fited by said improvement is all real estate abutting on the above described portions of the above named streets or within the above described area. 3. The estimate of total cost of said improvement herein ordered shall include an estimate of the cost of engineering, preliminary reports, property vaIuations,' esti- mates, plans, specifications;' no- tices, legal services, acquisition of land, consequential damages or costs, easements, rights of way, construction, (repair) supervision, inspection, testing, notices of pub- lication, interest and printing and sale of bonds. 4, The proceedings are covered under Chapter 391A of the 1954 Code of Iowa. 45~'~ Special Session, November 25,1957 5. That said improvement is hereby designated as Cedar, Maple and Sycamore Street Sanitary Sewer, Lift Station and F o r c e Main Improvement and may be referred to by such title in all subsequent proceedings. Passed, adopted and approved this 25th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen ATTEST: Leo F. Frommelt City.. Clerk - Councilman Welu moved t h e adoption of the resolution. Sec- onded by .Councilman Kolb, Car- ried by the fallowing vote. Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. I herewith submit a proposed plat of the Cedar, Maple, Syca- more Streets Sanitary Sewer,. Lift Station and Force Main Improve- ment and proposed schedule of valuations of the lots within the district served by said improve- ment. K. J, Cullen, City Engineer ' RESOLUTION N0. 240.51 RESOLUTION determining valu- ations of each lot within the pro- posed assessment district for the Cedar, Maple, .Sycamore Streets Sanitary Sewer, Lift Station and Force Main Improvement. Be It Resolved by the City Coun- cil of the City of Dubuque: 1, That the valuations set out in the attached list are hereby de- termined to be the present fair market value with the proposed improvement completed, of each lot within the proposed assessment district for the Cedar, Maple, Syca- more Streets Sanitary Sewer, Lift Station .and Force Main Improve- ment; and City Clerk is hereby directed to report the same to the City Engi- neer who shall show such valua- tions on th'e schedule heretofore ordered for said improvement Passed, `adopted and approved this 25th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen ATTEST; Leo F. Frommelt City Clerk Councilman Kolb moved t h e adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-Nohe; ; RESOLUTION N0. 241.51 Preliminary ,approval of plans, specifications, form of contract, plat and schedule and all other documents far,the construction of the Cedar, Maple, Sycamore street sanitary sower., Lift Station and Force Main.,.Improvement, at an estimated cost of $226,160.49, pre- sented and read. Couricil~an Kolb moved the adoption of the resolu- tion..: Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 242.57 Resolution of necessity far con- struction of Cedar, Maple and Sycamore Streets Sanitary Sewer, Lift Station and Force Main Im- provement. Also setting time and place of hearing and prescribing notice.' Whereas, proposed ,plans Wand specifications, plat and 'schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on ffle in the office of the City Clerk showing, among other things, the following: a, An estimated total cost of the work. b. The amount proposed to be assessed against each lot for the improvement for the construction of Cedar, Maple and Sycamore Streets Sanitary Sewer, Lift Sta- tion and Force Main Improve- ment. Be It Therefore Resolved by the i Special Session, November 25,1957 ~5~ City Council of the City of Du- buque, Iowa: 1, That the City Council deems it advisable and necessary for the public .welfare to make said im• provement, 2. S a i d improvement shall be constructed and done in accordance with said plans and specifications and a portion of the total cost of making said improvement shall be assessed against all privately owned property lying within the assessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the special benefits conferred thereby and the re- mainder of the total cost shall be paid out of the Sanitation Fund. 3. Bands shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed .and ac- cepted and the proceeds thereof used to pay the contractor.: 4. On the 20th day ;of December, 1957, at 7:30 P. M., the City Coun- cil will meet in-the City Council Chambers in the City Hall in the City of Dubuque, Iowa, and hear property owners subject to the as- sessment and interested parties for and against the improvement, its cost, the assessment thereof or the boundaries of the district, 5. The City Clerk is hereby au- thorized and directed to cause pub- lic notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor more than twenty-five days prior to said hearing and by mailing a copy of said notice by ordinary mail to the owners of said property to be assessed, as shown by the records in the office of the County Auditor not less than fifteen days prior to said hearing, Approved on first reading this 25th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen ATTEST; Leo F, Frommelt City Clerk Councilman Kintzinger .moved that the resolution be approved and that same be placed on file in the office of the City Clerk at least ten days for public inspection. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 243.51 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses;be issued: up- on .the compliance,. with the terms of the ordinance of this" City. CLASS "B""PERMIT"` Alfred E,° Hedley, 509 ° Eighth `Avenue. , Mrs. Marcella Roeder, 25' West 7th Street, Lester A, Foell, Sr., 1638 Central Avenue. Roger J. Bertsch, 32fi Main Street, Ray Nicks, 521 East 22nd Street, Jahn F. Flynn, 659 Central Ave- nue. Herbert J. McAndrews, 127 West 6th Street. Edward A, Haberkorn, 2616 Wind- sor Avenue, CLASS "B" PERMIT FOR PRIVATE CLUB Elks Club, L6dge No. 297, 7th & Locust Streets.. . Amvets Post. No. 3, 429 Main Street, CLASS °C" PERMIT Helen O'Mara, 1397 Washington .Street, The Greab: Atlantic &, Pacific Tea,'.Co., 1101, Central-Avenue; Passed, adopted sand approved this 25th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F, Frommelt City Clerk 458 Special Session, November 25, 1957 ' Councilman Kolb moved the Attest: Leo F, Frommelt adoption of the resolution. Second- City Clerk ed by Councilman Schueller. Car- Councilman Welu moved t h e ried by the following vote:. adoption of the resolution, Sec• Yeas-Mayor Dave, Councilmen onded by .Councilman Kolb. Car- Kintzinger, Kolb, Schueller, Welu, ried by the following vote: Nays-None. Yeas-Mayor Dove, Councilmen RESOLUTION N0. 244.57 Kintzinger, Kolb, Schueller, Welu, WHEREAS, heretofore applica- Nays-None. tions for Beer Permits were filed There being no further business by the within named applicants and Councilman Kolb moved to ad- they have received the approval journ, Seconded by Councilman of this Council; and Kintzinger. Carried by the follow- WHEREAS, the premises to be ing vote: occupied by such applicants were yeas-Mayor Dove Councilmen inspected and found to comply with , Kintzinger, Kolb, Schueller Welu. the ordinances of this City and , Nays-None. they have filed proper bonds: NOW, Leo F. Frommelt THEREFORE, City Clerk BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed Approved ......................1958 to issue to the following named applicants a Beer Permit, Adopted .......................1958 CLASS "B" PERMIT Alfred E. Hedley, 509 Eighth Avenue. ............................,..,,.... Mrs, Marcella Roeder, 25 West 7th Street, ~ ~ Lester A, Focll, Sr., 1638 Central ~~~~~~~~~~~~~~ ~ ~~~~~~~~~~~~~~~~~~~~~ Avenue, Roger J, Bertech, 326 Main Councilmen ,,,,,,,,,;;,;,,,,,,,,,,,,,,,, ,, ,,,, Street. Ray. Nicks, 521 East 22nd Street, John F. Glynn, 659 Central Ave- """"""""""""""""""" nue. Herbert J. McAndrews, 127 West ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6th Street. " Edward A. Haberkorn, 2616 Wind- Attest ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, sor Avenue. City Clerk CLASS "B" PERMIT FOR PRIVATE CLUB Elks Club, Lodge No, 297, 7th & Locust Streets. Amvets Post No. 3, 429 Main Street, CLASS "C" PERMIT Helen O'Mara, 1397 Washington Street; The Great Atlantic & Pacific Tea Co., 1101 Central Avenue. BE IT RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 25th day of November, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Regular Session, December 2. 1957 (OFFICIAL] Regular Session, December 2, 1957, No members of the City Council ' being present upon roll call the meeting was postponed subject to tall Leo F. Frommelt City Clerk. Approved .............................. 1958 Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;1958 Councilmen • ,,,,,,,,,,,,,;,,,,,,,,,,,,,,, , ,,,, Attest; ,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, City Clerk ~~,~.~ ~.