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1956 April Council ProceedingsE Regular Session, April 2, 1956 137 ~~jt~:~ ' ~~ ~~l (OFFICIAL) Regular session April 2, 1956. Council met at 7:30 P.M. Present-Mayor Welu, Council- men Dove, Kintzinger, Kolb, Schueller. City Manager Schiltz, Mayor Welu stated that this is the regular monthly meeting of the City Council far the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publisher, of notice of pen- dency of resolution of necessity for public improvements and hear- ing upon proposed plans and speci- fications form of contract and cost of improvements for the fallowing improvements by surfacing on the following portions of the following named streets with Hot Mix-Hot Laid asphaltic concrete to-wit: 1, The alley from 9th street to 11th street between Main street and Iowa street, 2. The alley from 2nd street to 8th street between Main street and Iowa street, 3, Clarke Drive from the east property line of St. Ambrose to the southeast property line of West Locust street. 4, Delhi street from the south property line of University ave- nue to the west property line of Lot 9 of Reches Subdivision. 5. West First street from the east property line of Locust street to the west property line of Lo- cust street. 6. West Fifth street from the east property line of Locust street to the west property line of Main street. 7. West Locust street from the north property line of West 17th street to the east property line of Hodgen street. No written objections filed and no objectors present in the Council Chamber at the time set for public hearing, Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements RESOLUTION N0. 78.56 Whereas, proposed plans and specifications and form of contract for the following improvements by surfacing on the following portions of the following named streets with Hot Mix-Hot Laid Asphaltic Concrete to•wit: i, The alley from 9th Street to 11th Street between Main Street and Iowa Street. 2. The alley from 2nd Street to 3th Street between Main Street and Iowa Street. 3. Clarke Drive from the East Property Line of St. Ambrose to the Southeast Property Line of West Locust Street. 4. Delhi Street from the South Property Line of University Ave- nue to the West Property Line of Lot 9 of Reches Subdivision, 5, West First Street from the East Property Line of Locust Street to the West Property Line of Iowa Street. 6, West Fifth Street from the East Property Line of Locust Street to the West Property Line of Main Street. 7. West Locust Street from the North Property Line of West 17th Street to the East Property Line of Hodgen Street, have been ap• proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed far the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 2nd day of April, 1956; and Whereas, the City Council. met in regular session this 2nd day of April, 1956, at 7,30 o'clock P:M, at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for ar cost of the improve- ment herein described and. pro- posed to be made; and Whereas, all interested parties have been given an opportunity to 138 Regular Session, April 2, 1956 be heard and all objections which have been duly weighed and con• sidered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been Filed to the plans, specifications and farm of cost said improvement be made a matter of permanent record in connection with said improvement, passed, adopted and approved this 2nd day of April, 1956, CLARENCE P. WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES A. KDVTZINGER CHARLES E, DOVE Councilmen Attest: LE'0 F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None, RESOLUTION NO. 48.56 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, on its own Motion: Section L That it is deemed ad- visabl~e and necessary for the pub- lic welfare to make and provide street improvements under the provisions of Chapter 391 of the 1950 Code of Iowa, by surfacing on the following portions of the following named streets with Hot Mix-Hot Laid Asphaltic Concrete to-wit; 1, The alley from 9th Street to 11th Street between Main and Iowa Streets, 2, The alley from 2nd Street to 8th Street between Main and Iowa Streets. 3, Clarke Drive from the East Property Line of St. Ambrose to the Southeast Property Line of West Locust Street. 4, Delhi Street from the South Property Line of University Ave- nue to the West Property Line of Lot 9 of Reches Subdivision. 5, West First Street from the East Property Line of Locust Street to the West property Line of Iowa Street, 6, West Fifth street from the East Property .Line of Locust Street to the West property line of Main Street. 7, West Locust Street from the North Property Line of West 17th Street to the East Property Line of Hadgen Street. Section 2. Said improvements shall be constructed under contract and in accordance with the plans and specifications which have been prepared therefor by the City En- gineer and which together with the Plat and Schedules for such improvements, have been approved by the City Council and are now on file in the office of the City Clerk. Section 3. That the cost and ex- pense of making said improve- ments will be assessed upon and against all privately owned prop- erty lying within the assessable distance provided by law and in an amount not to exceed the amount provided. by law. Property will be assessed, whether the same abuts on any of said portions of said street or is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the street fund. The railway portion of any such streets will be assessed against the railway company. Section 4. That the City Council by this resolution gives natiae of its intention to issue bonds as pro- vided by Seetion 396,6 of the Code of Iowa, 1950, for the purpose of providing for the payment of the assessed cost of said improve- ments; said bonds to be issued in anticipation of the deferred pay meat of the assessments levied therefor, and that said bonds will be sold at public sale in the man- ner provided by law, but shall not be sold for less than their par value with accrued interest from date of bonds to the time of deliv- ery thereof. Regular Session, April 2, 1956 139 Section 5, That unless property owners at the time of final con• sideration of this resolution have on file with the City Clerk objec- tions to the amount of the pro- posed assessment, they shall be deemed to have waived all objec- tions thereto. Section 6, For purposes of brev- ity and reference all the foregoing improvements shall be known as "City of Dubuque 1956 Asphaltic Concrete Surfacing Project Num- ber L Introduced, approved and or- dered placed on file with the City Clerk this 5th day of March, 1956. CLARENCE P, WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally adopted and passed by the City Council this 2nd day of April, 1956. .CLARENCE P, WELU Mayor RAY F. KOLB :LEO N. SCHUELLER CHARLES A. KINTZINGE'R CHARLES E. DOVE Councilmen 'Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. (Ordering Cons#rucfion) RESOLUTION NO. 79.56 Be It Resolved by the City Coun- ciP of the City of Dubuque that pursuant to a resolution of neces- sity No. 48.56 which was duly passed by this Council, for the fol- lowing improvements by surfacing on the following portions of the following named streets with Hot Mix-Hot Laid Asphaltic Concrete to-wit: 1, The alley from 9th Street to 11th Street between Main Street and Iowa Street. 2. The alley from 2nd Street to 8th Street between Main Street and Iowa Street, 3. Clarke Drive from the East Property Line of St. Ambrose to the Southeast Property Line of West Locust Street. 4. Delhi Street from the South Property Line of University Ave- nue to the West Property Line of Lot 9 of Reches Subdivision, 5. West First Street from the East Property Line of Locust Street to the West Property Line of Iowa Street, 6, West Fifth Street from the East Property Line of Locust Street to the West Property Line of Main Street. 7, West Locust Street from the North Property Line of West 17th Street to the East Property Line of Hodgen Street, be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the pe- tition of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds to be issued in antici- pation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the' City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 75 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall 140 Regular Session, April 2, 1956 be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution, Seconded by Councilman Dove, Carried by the fallowing vote; Yeas-Mayor Wehi, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Proof of publication, certified to by the Publisher, of Notice of Pen- dency of resolution of necessity for public improvements and hearing upon proposed plans and specifica- tions, form of contract and cost of improvements for the improvement with Bituminous Concrete an the fallowing portions of the following named streets: 1. Apple street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street, 2, Asbury Street from the West Property Line of Carter Road to the West Corporation Limits. 3. Cherry Street from the West Property Line of Avoca Street to the west end of Cherry Street. 4, Cox Street from the North Property Line of Chestnut Street to the South Property Line of Kirk- wood Street, 5, Green Street from the East Property Line of Bunker Hill street to the West Property Line of Avo- ca Street. 6, Hoyt Street from the North Property Line of Ungs Street to the north end of Hoyt Street. 7. Meadow Lane from the South Property Line of Lombard Street to the North edge of U. S. Highway No, 20. 8, Pear Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. 9, Prescott Street from the Northeast Property Line of Ascen- sion Street to the Northeast Prop- erty Line of Hamilton Street, 10, Quince Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. 11, St, Mary Street from the South Property Line of West 3rd Street to the North Property Line of Emmett Street. 12. Ungs Street from the West Property Line of Clarke Drive to the East Property Line of Avoca Street, 13, West 8th Street from the East Property Line of Wilson Ave• nue to the East Property Line of Air Hill Street. 14. Woodworth Street from the North Property Line of Lowell Street to the South Property Line of Montcrest. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of A. J. Unsen et al objecting to the proposed improve- ment with Bituminous Concrete Surface of Green street from the east property line of Bunker Hill street to the west property line of Avoca street, presented and read. Petition of Loras Koerperich et al, objecting to the proposed sur- facing with Bituminous concrete of Cherry street from the west property line of Avoca street to the west end of Cherry street, pre• sented and read, Petition of John R. McEvoy et al objecting to the proposed surfac- ing with Bituminous Concrete of West 8th street from the east property line of Wilson avenue to the east property line of Air Hill street, presented and read. Petition of Richard V. Hansel et al objecting to the proposed sur• facing with Bituminous concrete of Asbury street from the west property line of Carter Road to the west corporation Limits, pre- sented and read. Councilman Schueller moved that the rules be suspended in or- der that anyone present may ad- dress the Council if they so desire. Seconded by Councilman Kintzing- er. Carried by the foflowing vote: Regular Session, April 2,1956 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Messrs, Andrew Bodnar, A, J. 1{aiser and Mrs, Mabel Spensely addressed the Council stating that they are apposed to the improve• ment of Cherry street, mostly be- cause of the fact that a good many property owners in the area are still paying for Finley street curb and gutter assessments, Mr. John McEvoy addressed the Council stating that he is opposed to the improvement of Eighth avenue while Mr. Alvin Mesch urged the Council to go ahead with the im- provement. Mr. Lloyd Deiter, rep- resenting a group of property own- ers from Woodworth street, ad- dressed the Council stating that they were opposed to the proposed surfacing of Woodworth street!, Mr. R, V, Hansel, Ed Heiberger, Phil Powers, Leroy Weidemann, Leo Wagner, AI Greenwald ad~ dressed the Council, stating that they were not against the improve• ment of Asbury street as much as the excessive cost. Tlie general cancensus of opinion of the Asbury street group was that the cost of public improvements in the Asbury street area is becoming quite bur- densome, Some were of the opin- ion that they would be better off if the City would install curb and gutter during 1956 and just give them temporary relief as far as surfacing the street is concerned, by surfacjng with crushed rock, One of the major objections to the street surfacing program on Asbury street was because of the 40' wide street, Most of the ab- jectors were of bhe opinion that 30' would be wide enough. Messrs. Milt Manley and Harold Conzett addressed the Council stat- ing that they had no objection to the surfacing of Cox street and asked far some consideration in the repair of Chestnut street. Mr. H. Henderson addressed the Coun- cil stating that he would give the City .the necessary ground needed to make the proper width for Meadow Lane surfacing and curb and gutter. City Manager Schiltz made a recommendation to the Council that Meadow Lane be deleted from the surfacing program be- 141 cause bhe. property owners failed to grant easements for right of way along the street to obtain the proper width for the proposed surfacing of the street. Council- man Kintzinger moved that the recommendation of City Manager Schiltz with reference to deletion of Meadow Lane from the street surfacing program be approved, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Councilman Schueller moved that Cherry street from the west property lino of Avoca street to the west end of Chorry street, be deleted from the street surfacing program, and that the petitions previously read be made a mat- ter of record, Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, There were no oral objectors to the surfacing of Green street pres- ent in the Council Chamber. Cou~t- cilman Kintzinger moved that Green street remain in the street surfacing program as scheduled. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dova, Kintzinger, Kolb, Schueller, Nays-None. City Manager Schiltz mentioned that some relief could be given to the property owners in the Asbury street area in reduction of cost if the City paid for 2" thick rolled stone base for full widbh plus 10' wide (6" thick of rolled base-stone) strip-for length project thus reduc- ing street cost to average 30' wide street, at an estimated cost to the City of $6770.35, which would mean an estimated reduction to each assessed property owner 'of 18.73%, Councilman Kintzinger moved that the remainder of the streets, outside of the deletion of Cherry street and Meadow Lane, be im- proved and that the Asbury street property owners subject to the street surfacing assessment, be given relief as aforementioned by the City Manager. Seconded by 142 Regular Session, April 2, 1956 Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0, 80.56 Resolution amending Resolution No. 52.56. Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That Resolution No. 52.56 being the Resolution of Ne- cessity for the City of Dubuque 1956 Bituminous Concrete Surfac• ing Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Cherry street from the West Property Line of Avoca street to the west end of Cherry street. Meadow Lane from the South Prop• erty Line of Lombard street to the North edge of U. S. Highway No. 20. Passed, adopted and approved this 2nd day of April, 1956. CLARENCE P, WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger; Kolb, Schueller, Nays-None. Decision of Council upon objec• Lions to plans, specifications, form of contract and cost of im• provements. RESOLUTION N0. 81.56 Whereas, proposed plans and specifications and form of contract far the following improvements by surfacing on the following por- tions of the following named streets with Bituminous Concrete to-wit: 1. Apple Street from the South Property Line of Cleveland Ave- nue to the North Property Line of Rush Street. 2. Asbury Street from the West Property Line of Carter Road to the West Corporation Limits. 3. Cox Street from the North Property Line of Chestnut Streeti to the South Property Line of Kirkwood Street. 4, Green Street from the East Property Line of Bunker Hill street to the West Property Line of Avoca Street. 5, Hoyt Street from the North Property Line of Ungs Street to the north end of Hoyt Street. 6. Pear Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. 7. Prescott Street from the. Northeast Property Line of Ascen- sion Street to the Northeast Prop-, erty Line of Hamilton Street. 8. Quince Street from the South Property Line of Cleveland Ave- nue to the North Property Line of Rush Street. 9. St. Mary Street from the South Property Line of West 3rd Street to the North Property Line of Emmett Street, 10. Ungs Street from the West Property Line of Clarke Drive to the East Property Line of Avoca Street. 11. West 8th Street from the East Property Line of Wilson Ave- nue to the East Property Line of Air Hill Street, 12. Woodworth Street from the North Property Line of Lowell Street to the South Property Line of Montcrest, have been approved by the City Council of the City of Dubuque and .public notice giv en as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bands, and the time and place fixed for the shearing of all objections to said plans; specifications or contract for or cost of such improvements, said time being this 2nd day of April, 1956; and Whereas, the City Council met in regular session this 2nd day of April, 1956, at 7,30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for ar cost of the improvement herein de• scribed and proposed to be made; and Regular Session, April 2, 1956 143 Whereas, all interested parties have been given an opportunity to be heard and all objections which have. been duly weighed and can• sidered; now, therefore Be It Resolved by the City Coun• cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cast of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that bhis resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement, Passed, adopted and approved this 2nd day of April, 1956, CLARENCE P. WELD Mayor RAY F, KOLB LEO N.SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, RESOLUTION N0. 52.56 Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa, on its awn Motion: Section 1. That it is deemed ads visable and necessary for the pub- lic welfare to make and provide street improvements under the provisions of Ohapter 391 of the 1950 Code of Iowa, by surfacing on the following portions of the following named streets with Bi- tuminous Concrete, to-wit; 1. Apple Street from the South Property Line of Cleveland Ave• nue to the North Property Line of Rush Street. 2. Asbury Street from the West Property Line of Carter Raad to the West Corporation Limits. 3. Cox Street from the North Property Line of Chestnut Street to the South Property Line of Kirk- wood Street. 4, Green Street from the East Property Line of Bunker Hill street to the West Property Line of Avoca Street. 5, Hoyt Street from the North Property Line of Ungs Street to the north end of Hoyt Street. 6, Pear Street from the South Property Line of Cleveland Ave• nue to the North Property Line of Rush Street, 7. Prescott Street from the Northeast Property Line of Ascen- sion Street to the Northeast Prop- erty Line of Hamilton Street. 8. Quince Street from the. South Property Line of Cleveland Avenue to the North Property Line of Rush Street,. 9, St. Mary Street from the South Property Line of West 3rd Street to the North Property Line of Emmett Street. 10, Ungs Street from the West Property Line of Clarke Drive to the East Property Line of Avoca Street. 11. West 8th Street from the East Property Line of Wilson Ave- nue to the East Property Line of Air hill Street. 12, Woodworth Street from the North Property Line of .Lowell Street to the South Property Line of Montcrest, Section 2. Said improvements shall be constructed under con- tract and in accordance with the plans and specifications which have been prepared therefor by the City Engineer and which to- gether with the Plat and Schedule for such improvements, have been aapproved by the City Council and are now on file in the office of the City Clerk. Section 3, That the cost'and ex- pense of making -said mprove• meats will be assessed upon and against all privately owned prop- erty lying within the assessable distance provided by law and in an amount not to exceed the amount provided by law. Property will be assessed, whether the same abuts on any of said portions of said street or is adjacent thereto according to area and in propor• 144 Regular Session, April 2, 1956 tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the street fund. The railway portion of any such streets shall be assessed against the railway company. Section 4, That the City Council by this resolution gives notice of its intention to issue bonds as pro- vided by Section 396,6 of the Code of Iowa, 1950, for the purpose of providing for the payment of the assessed cost of said improve- ments; said bonds to be issued in anticipation of the deferred pay- ment of the assessments levied therefor, and that said bonds will be sold at public sale in the man- ner provided by law, but shall not be sold for less than their par value with accrued interest from date of bonds to bhe time of de- livery thereof. Section 5. That unless property owners at the time of final con- sideration of this resolution have on file with the City Clerk objec- tions to the amount of the pro posed assessment, they shall be deemed to have waived all objec• tons thereto, Section 6. For purposes of Brev- ity and Reference all the foregoing improvements shall be known as "City of Dubuque 1956 Bituminous Concrete Surfacing Project Numr ber 1:' Introduced, approved and order placed on file with the City Clerk this 5th day of Maroh, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CIIARLES A. I{INTZINGER CHARLES E, DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally adopted and passed as amended by the City Council this 2nd day of April, 1956. CLARENCE P, WELU Mayor RAY F, I{OLB LEO N, SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE 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 Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. (Ordering Construction) RESOLUTION N0. 82.55 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity Na, 52-56 which was duly passed by this Council, for the im- provements on the following por- tions of the following streets by installing a Bituminous Concrete Surface Course thereon, to-wit: 1. Apple Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street, 2, Asbury Street from the West Property Line of Carter Road to the West Corporation Limits. 3. Cox street from the north property line of Chestnut street to the south property line of Kirk- wood street. 4. Green street from the east property line of Bunker Hill street to the west property line of Avoca street. 5. Hoyt street from the north property line of Ungs street to the north end of Hoyt street. 6. Pear street from the south property line of Cleveland avenue to the north property line of Rush street. 7. Prescott street from the north• east property line of Ascension street to the Northeast property line of Hamilton street. 8. Quince street from the south property line of Cleveland avenue to the north property line of Rush street, 9, St. Mary street from the south property line of West 3rd street to the north property line of Em- mett street, 10. Ungs street from the west property line of Clarke Drive to the east property line of Avoca street. 11. West 8th street from the east property line of Wilson avenue to the east property line of Air Hill street. 12, Woodworth street from the north property line of Lowell street to the south property line Regular Session, April 2,1956 145 of Montcrest, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Cleric. Be It Further Resolved that the cost and expense of the said im- provements be patd for by levying special assessments against the privately owned property lying within the assessable clistance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds to be issued in an- ticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by bhe City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals far the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before 75 calendar days after notice to pro- teed is issuad. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and af- ter its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES A, KIlVTZINGER CHARLES E, DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Kintzinger, Car- ried by bhe following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0. 83.56 Preliminary approval of plans, specifications, plat and schedule in• eluding valuations therein far the improvement of Cleveland avenue from the west property line of Bry- ant street to the east property line of State street with asphaltic macadam surfacing at an estimated cost of $1,122,80, presented and read. Mayor Welu moved the adop- tion of the resolution. Seconded by Councilman Kolb. Curied by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, (Necessity for Improvement) RESOLUTION N0. 84.56 Whereas, proposed plans, speci- fications, ,plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show• ing among other things the fol- lowing: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council, 5. An estimate of the cost of the proposed improvement. 6, In each case the amount bhere- of which is estimated to be as- sessed against each lot, for the following improvement of Cleve- land Avenue from the West Prop- erty Line of Bryant Street to the East Property Line of State Street with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. 146 Regular Session, April 2, 1956 Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor and Equipment costs shall be paid out of the street improvement fund, Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro• ceeds thereof used to pay the con- tractor, The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of April, 1956, Approved and placed on file for final action. Approved; CLARENCE P. WELU, Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. (Fixing date of hearing) RESOLUTION N0, 85.56 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No, 83-56 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Cleveland Ave- nue from the West Property Line of Bryant Street to the East Prop- erty Line of State Street with as- phaltic macadam surfacing, and, Whereas, the proposed Resolu- tion o£ Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice far public inspection, Be It Therefore Resolved that on the 7th day of May,1956, a pub- lie hearing .will be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and at the tame time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of'such hear- ing to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lotion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon, Passed, adopted and approved this 2nd day of April, 1956. CLARENCE P. WELU Mayor RAY F, KOLB LEO N.SCHUELLER CHARLES A. KIlVTZINGER CHARLES E, DOVE Councilmen Attest: LE0 F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by CouncilmamKolb. Carried by the fallowing vote: Regular Session, April 2, 1956 147 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, RESOLUTION N0. 86.56 Preliminary approval of Plans, specifications, plat and schedule, including valuations appearing therein 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, at an estimated cast of $1,677.20, presented and read. Councilman Kolb moved the adop- tion of the resolution. Seconded by Mayor Welu, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 87.56 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved. by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing; 1, The boundaries of the dis- trict, if any. 2. The streets to be improvedr 3. The width of such improve- ment. 4, Each lot proposed to be as• sessed together with a valuation fixed by the council. 5, An estimate of the cost of the proposed improvement, 6. In each case the amount there- of which is estimated to be as• sessed against each lot, for the following improvement of Sulli- van Street from the North Prop- erty Line of English Lane to the South Property Line of Levi Street with asphaltic macadam surfacing, Be It Therefore Resolved that the City Counell on its own mo- tion deems it advisable and neces- sary for the public welfare to .make the herein mentioned im• provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto, Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor and Equipment costs shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor, The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of April, 1956, Approved and placed on file for final action. Approved: CLARENCE P. WELU Mayor RAY F, KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE'. Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Schueller moved the approval of the resolution and that it be placed on file with the City. Clerk for public inspection. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, (Fixing date of hearing) RESOLUTION N0. 88.56 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 86.56 given its ,pre- liminary approval on the proposed 148 Regular Session, April 2,1956 plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Sullivan Street. from the North Property Line of English Lane to the South Property Line of Levi Street with asphaltic maca- dam surfacing, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 7th day of May 1956, a public hearing will be held at 7:30 o'clock P.M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed. plans and specifications and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon, Passed, adopted and approved this 2nd day of April, 1956. CLARENCE P, WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Proof of Publication, certified to by the Publisher, of public no- tice for the adoption of a resolu- tion which authorizes the issuance of $3,766,96 water main extension bonds for the purpose of paying a part of the cost of construction of a cast iron water main in: Alpha avenue from the north property line of Ridgeway avenue to the south property line of Indiana avenue, Born avenue from the south property line of Indiana avenue to the south property line of Ridge- way avenue. Fairfax avenue from the north property line of Lot 487, Lenox Addition to the north property line of Lenox avenue, Marmora avenue from the east property line of Wisconsin avenue to the east property line of Fair- fax avenue. Missouri avenue from the south property line of Lenox avenue to the south property line of Ridge- way avenue. Ridgeway avenue from the west property line of Born avenue to the east property line of Alpha avenue. Wisconsin avenue from the south property line of Pennsylvania ave- nue to the west property line of Marmora avenue, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. RE50LUTION N0. 58.56 Resolution providing for the is- suance of Water Main Extension bonds for the purpose of providing for the payment of the assessed cost of 1955 Water Main Project No. 1-constructing water mains in Alpha Avenue, Born Avenue, Fairfax Avenue, Marmora Avenue, Missouri Avenue, Ridgeway Ave- nue and Wisconsin Avenue. Regular Session, April 2, 1956 149 Whereas the contract 'heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $7,472.96 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to~ isr sue bonds for the purpose of pro- viding far the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; Now Therefore Be Tt Resolved by the City Council of the City of Dubuque; 1. That to provide for the pay- ment of the assessed cost of the construction of a cast iron water main in: Alpha Avenue from the North Property Line of Ridgeway Avenue to the South Property Line of Indiana Avenue. Born Avenue from the South Property Line of Indiana Avenue to the South Property Line of Ridgeway Avenue. Fairfax Avenue from the North Property Line of Lot 487, Lenox Addition to the North Property Line of Lenox Avenue. Marmora Avenue from the South Property Line of Wisconsin Ave- nue to the East Property Line of Fairfax Avenue. Missouri Avenue from the South Property Line of Lenox Avenue to the South Property Line of Ridge- way Avenue. Ridgeway Avenue from the West Property Line of Born Avenue to the East Property Line of Alpha Avenue. Wisconsin Avenue from the South Property Line of Pennsyl- vania Avenue to the West Property Line of Marmora Avenue, there shall be issued Water Main Exten- sion bonds in the amount of $3,766.96 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment, 2. Such bonds shall be called Water Main Extension bonds; and shall bear the date of February 6, 1956; and shall be numbered con• secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: 1. 675-$300.00, June 1, 1957. 2. 676-$300.00, June 1, 1958• 3, 677-$300.00, June 1, 1959. 4. 678-$300.00, June 1, 1960• 5. 679-$300.00, June 1, 1961. 6. 680-$300.00, June 1, 1962• 7. 681-$300,00, June 1, 1963• 8. 682 and 683-$300.00 each, June 1, 1964. 9. 684 and 685-$300.00 each, Juno 1, 1965. 10. 686-$300.00, June 1, 1966. 10. 687-$166.96, June 1, 1966. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable on June 1st of any year ;prior to the maturity date stated therein at the. option of the Ctiy of Dubuque and shall be in substantially the following form: No ................................................................. Series No ................................................... CITY OP DUBUQUE Water Main Extension Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of ............... or on June 1st of any year prior thereto, at the option of the City of Dubuque, the sum of Three Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest of this bond are payable at the of- fice of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the 150 Regular Session, April 2,1956 City of Dubuque under and by virtue of Chapter 156 of the Acts of the 54th General Assembly of Iowa, as amended, and the Resolu- tion of said City duly passed on the 2nd day of April, 1956, being Resolution No. 58-56. This Bond is one of a series of 13 bonds, 12 for $300.00 numbered from 675 to 686 inclusive, and one for $166,96 numbered 687, all of like tenor and date, and issued far the purpose of constructing cast iron water mains for the 1955 Water Main Project No, 1 as de- scribed in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1189 created by the collection of said special tax, and said fund can be used~for no other purpose,' It is hereby certified and recited that all' the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- meat hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 6th day of February, 1956, (SEAL) Mayor City Clerk (Form of Coupon) On the .............. day of ....:................., the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ..................Dollars, in the office of the City Treasurer in the City of Dubuque, being .,.~.~....,~ months' in- terest due that date on its .............. Bond No ............... dated ...................... ................................................................ Mayor City Clerlc 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7, That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1189 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9, That as fast as funds allow, beginning with June 1, 1956, these bonds shall be called and retired in the same order as numbered. Introduced and placed on file for public inspection this 19th day of March, 1956, Adopted this 2nd day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINT'LINGER CHARLES E. DOVE 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 Welu, Councilmen Dove, Kintzinger, I{olb, Schueller. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No, fi~6, being an Ordinance vacating the hereinafter described portion of Pine street, and releasing the in• terest of the City of Dubuque therein, subject to certain terms and conditions, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for public hearing, Cauncilma~l I{olb moved that the proof of pub- Regular Session, April 2,1956 151 lication be received and filed, Sec- onded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, ORDINANCE N0, 6.56 An Ordinance vacating the here- inafter described portion of .Pine street and releasing the interest of the City of Dubuque therein, subject to certain terms and con- ditions, said ordinance having been passed upon first reading March 5, 1956 and ordered placed on file for public hearing to beheld April 2, 1956, was presented for final adoption.. ORDINANCE N0. 6.56 An Ordinance Vacating the herein- after described portion of Pine Street; and releasing the interest of the City of Dubuque therein, subject to certain terms and con- ditions. Whereas, Leo F. Bly and Ella Bly, husband and wife, as owners of all oP the abutting property, have peti- tioned the City Council for the va- cation of the hereinafter described portion of Pine Street; and Whereas, the Planning and Zoning Commission has recommended said vacation, subject to certain terms and conditions; and Whereas, a public hearing was held on the proposal to dispose of the in- terest of the City of Dubuque in said portion of Pine Street, at which hear- ing all interested persons were given opportunity to appear and be heard; and Whereas, the petitioners have sub- mitted aplat of the area proposed to be vacated; Now Therefore, be It Ordained by the City Council of the City of Du- buque: Section 1. That the following de- scribed portion of Pine Street, to-wit: That part of Pine Street between East Eighth Avenue and East Ninth Street beginning at the northwester- ly corner of City Lot 508, thence south 22° 30' east a distance of 36,3 foet along• the easterly ling of Pine Street to the point of beginning oP the property to be vacated, which point is 12 feet normal to the center- line of the railroad track, thence con- tinuing south 22° 30' east along said street line 102.53 feet, thence south 76° 2T west 94.98 feet to a point 12 Peet normal to the centerline of the Chicago. Mihvaukee, St, Paul and Pacific Railroad Track, thence north- easterly along a 6° curve concave northwesterly and 12 feet normal to centerline of said railroad track a distance of 104,97 feet to the point of beginning, to be hereafter Irnotvn as City Lot 508A, be and the same is hereby vacated subject to the terms and conditions oP Section 3 hereof; Section 2. That the plat of the area proposed to be vacated submit- ted by petitioners be and the same is hereby approved and the Mayor and Clerk authorized to endorse the approval of the City of Dubuque thereon; Section 3. That said vacation shall be effective only upon the compliance by Leo F. Bly and Ella Bly with the following terms and conditions; a. That the said Leo F. Bly and Ella Bly execute and deliver a grant of easement to the City of Dubuque over said City Lot 508A for all pub- lic utility pipes, wires, poles and other fixtures now in place on said real estate and also an easement for street purposes which latter right may be exercised by the City at such time as the City Council shall by Resolu- tion declare the necessity for con- structing a public thorofare thereon; b. That Petitioners execute and deliver to Chicago, Miltivaukee, St. Pau] and Pacific Railroad Company a grant of easement far railroad pur- poses over that portion oP City Lot 508 marked "Easement B" on the plat hereinbefore referred to, which grant of easement shall become ef- fective December 31, 1966, and shall further provide that petitioners agree to remove, before the effective date oP said easement, all buildings, or portions thereof, or other obstruc- tions owned by them and occupying said "Easement B" and in which petitioners shall further agree that in the event of their failure to re- move said obstructions, before the effective date of said easement, said Railroad Company shall have the right to enter upon said premises and remove the obstruction at the ex- pense of the petitioners, without ac- countability for salvage; c. That petitioners secure the per- formance of the conditions of the grant of easement to said Railroad Company with a surety bond in the penal sum of $5,000; d. That petitioners pay the costs of adoption, publication and record- ing this ordinance and the instru- ments referred to herein; Section 4. That upon compliance with the terms and conditions hereof, the Mayor and City Clerlc be and they are hereby authorized to execute and deliver to Leo F. Bly and Ella Bly the Quit Claim Deed of the City of Du- buque releasing any right, titlo or interest of the City in and to said City I,ot 508A, except the rights herein described in Paragraph 3a hereof; Section 5. That upon compliance with the terms and conditions hereof, the City Clerk be and he is hereby authorized and directed to publish this Ordinance, endorse the fact of said compliance thereon, and record the same in the office of the County Recorder oP Dubuque County, Iowa. Passed on first reading March 5, 1956. Rule requiring reading on three separate days suspended, March 6, 1956. Passed and adopted by unanimous roll cal] vote April 2, 1956, CLARENCE P. WELU, Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: Lea F. R'irommelt City Clerk Published officially in The Tele- graph-Herald newspaper 13th day of April, 1956. LEO F, FROMMELT, 1t 4-13 City Clerk Councilman Kolb moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, 152 Regular Session, April 2,1956 March 30, 1956 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The petition of W. S. Hartley and others relative to the installa• tion of a street light at Euclid and Sheridan Streets was referred to the City Manager and Electrical Inspector for investigation and re- port, Because of the layout of the streets east and west of Sheridan Street, the streets are not continu- ous but are apposite an alley. In order that street lights could be installed on Euclid Street east of the intersection of Sheridan Street, it would mean that easements would have to be obtained for wires over private property as there is no pole lino on Euclid Street, I therefore recommend that a street light be installed at the in- tersection of Euclid and Sheridan Streets and also the intersection of Harlan and Sheridan Streets as both of these conditions are simi- lar. Respectfully submitted, L. J. SCHILTZ, City Manager LJS:Io Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, March 30, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Eugene C. Lytle relative to traffic hazards at the intersection of Fremont, Simpson and Wartburg Place was referred to the City Manager and Police Department far report. Because of the irregular shape of this intersection, it is difficult to determine what solution would be most effective in order to pre- vent accidents. In arriving at a recommendation to place stop signs at this inter- section, they are placed so that they would affect vehicles only when continuing forward, There would be points of conflict wibh vehicles approaching on other streets, It is recommended that stop signs be erected an. 1. Northwest corner of Simpson and Fremont Avenue, 2. On the point between Wart- burg Place and Fremont Avenue to govern Simpson Street traffic. 3. On the point between Wart- burg Place and Fremont Avenuo to govern Fremont Avenue traffic. With these three stop signs traf- fic will be able to proceed north and south on Fremont and Wart- burg Place without stopping. The following amendments in the orclinance would be necessary: Amending Schedule III of Ordi- nance 33.49. (a) Southbound vehicles on Fre- mont Avenue must stop before entering intersection of Simpson Street and Fremont Avenue. (b) Eastbound vehicles on Simp- son Street must stop before en- tering the intersection of Fremont Avenue and Wartburg Place, (c) Northbound vehicles on Fre- mont Avenue must stop before en• tering intersection of Fremont Avenue and Wartburg Place. Respectfully submitted, L. J. SCHILTZ, City Manager LJS;Io Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved and that the communication be re- ferred to the City Solicitor to have proper proceedings prepared. Sec• onded by Councilman Dove, Car- ried by the fallowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. March 30, 1956. To the Honorable Mayor and City Council, Dubuque; Iowa Gentlemen, The Central City Market as es- tablished by Ordinance 23.52 is the area bounded by 11th Street,'.. 13th Street, White Street and Iowa Street, There. were twenty-nine spaces' for which permits were issued im Regular Session, April 2, 1956 153 1955, which spaces were spread out over the market area. Because of increased traffic on the streets in this area and the re- duction in spaces required, it is now practical to reduce the cen- tral market area to two blocks in- cluding Iowa street between 12th and 13th and 13th Street between Iowa and Central avenue. I recommend that the Central Market be defined as that part of the sidewalk located between 12th and 13th Streets on Iowa Street and on 13th Street between Iowa and Central Avenue, The permit fee of $15.00 remain as now in effect and to be paid by all persons to offset the cost of in- spections and supervision. The above recommendation re- garding the permit fee does not include the use of the street for parking as parking meters are In- stalled for this purpose, Respectfully submitted, L, J, SCHH,TZ, City Manager LJS:Io Councilman Dove moved that the recommendation of City Man- ager Schiltz be approved and the communication referred to the City Solicitor to have proper proceed- ings prepared, Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Communication of Dubuque Jer- rold Television Cable Corporation submitting a copy of the agree- ment between Dubuque Jerrold and subscribers to the system, stat- ing that with the exception of oc- casional special arrangements for deferred payment this agreement is used unaltered for all residential and non-residential subscribers ex- cept for franchiso to Television dealers and service men and edu- cational and charitable institutions, presented and read. Councilman Kolb moved that the communica- tion and copy of agreement be re- ceived and filed, Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None, Communication of Dubuque Jer- rold Television Cable Corporation relative to relocation charges for subscriber service from one resi- dence in the City to another resi- dence served by their existing ca- ble plant, presented and read, Councilman Kolb moved that the communication be received and filed, Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, I{olb, Schueller. Nays-None. March 30, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; The communication of Mr. Rob- ert Licht regarding the installation of a TV cable to his residence at 220 Railroad Avenue was referred to the City Manager and City Solic- itor for investigation. The Dubuque Jerrold Company has written Mr, Licht explaining the difficulty of installing service for such a distance 'at the usual rate. They have informed Mr, Licht that they will install the cable which normally would serve twen- ty-five to thirty homes a distance of 1150 feet provided he pay $180,00 for installation and $4.00 per month. The additional monthly charge is based on rental of additional poles over and' above the normal number which would require two poles. These charges according to Jer- rold are uniform for any such in- stallation and are effective for service in a similar situation. Respectfully submitted, L, J, SCHILTZ, City Manager LJS;Io THOMAS H; NELSON, City Solicitor Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, I{intzinger, Kolb, Schueller. Nays-None. 154 Regular Session, April 2, 1956 March 23, 1956 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The communication of the Du- buque County Board of Supervis- ors asking for action on applica- tions for suspension of taxes for the year 1955 for the following: Elmer Baesen, South 16' of City Lot 327. Mary P, Heir, N24' of E170' of Lot 374 Davis Farm Add. Barbara Rahloff Robinson, Ei/z of Lot 352 East Dubuque Add. I recommend that the Council approve the petitions by reason of infirmity, Action was also requested on the petition of Harvey C. Oswald of 771 Peru Road, however, be is not a resident of the City of Du- buque. Respectfully submitted, L. J. SCHILTZ, City Manager LJS;Io Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and that the petitions be granted, except in the case of Harvey C. Oswald, that being a County matter. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Communication of Dubuque Vis• iting Nurse Association suggesting that it would be entirely appropri- ated for the City to include their association in its budget and that the Council allocate the sum of $3600.00 for payment annually toward the cost of public health nursing service to infants and pre- school children, presented and read. Councilman I{olb moved that the communication be referred to the City Manager and Health Di- rector for investigation and re- port. Communication of R, S. Morey, who resides in the 800 block an Kane street, submitting a com- plaint relative to the galley creat- ed through his property, as the result of water draining from the neighboring area and streets on to his land, presented and read. Mayor Welu moved that the com- munication be referred to the Council to view the grounds. Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmein Dove, Kintzinger, Kolb, Schueller. Nays-None. Communication of Coates Insur- ance Agency relative to the expira- tion of the Excavation band of Thomas Flynn Coal Company, pre- sented and read. Councilman Kolb moved that the Thomas Flynn Coal Company be relieved from their bond and the communication re- ferred to the City Manager and the City Manager instructed to notify the Coates Insurance Agency of the action taken. Seconded by Ma- yor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Communication of Iowa State De- partment of Health relative to the water works short course being of- fered by the State University of Iowa at Iowa City April 10th and 11th 1956, presented and read, Councilman Kolb moved that per- mission be granted for employees of the water department to attend. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, I{intzinger, Kolb, Schueller, Nays-None, Petition of Harvey C. Oswald of 771 Peru, requesting permission to pick up junk in the City, without the payment of a junk collector's license as she is ,physically handi- capped and on relief, presented and read. Councilman Schueller waved that permission be granted. Seconded by Mayor We1u. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Petition of Ray Schmerbach et al, requesting repair of the grade crossings aver the Great Western Railway Company tracks at East 16th and East 17th streets, pre• sented and read. Mayor Welu moved that the petition be referred to the City Manager with the in- structions that he advise the Chi- cago Great Western Railway Com• pang to put all crossings in repair Regular Session; April 2, 1956 155 and to keep them so. Seconded by Councilman Kintzinger. Carried by Ghe following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Loren Fleege et al requesting permission to allow parking of motor vehicles on one side only of North Algona street between Loras blvd, and Univer• sity avenue, presented and read, Councilman Schueller moved that the petition be referred to the City Manager and Traffic depart- ment for investigation and report. Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Mrs. Margaret Birch et al requesting the dedication and acceptance of Kelly Lane as a pub- lic street, presented and read. May- or Welu moved that the petition be referred to the City Manager and City Solicitor for investigation and report. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None, Petition of Harry H. Miner d/b/a Key City Plumbing and Heating Co., requesting permission to exca- vate in the street and alleys in the City from April 4, 1956 to April 4, 1957, presented and read. Council- man Kolb moved that permission be granted providing a proper band is furnished. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of W. J. Jordan request- ing permission to excavate in the streets and alleys of the City from April 19, 1956 to April 19, 1957, presented and read. Councilman Kolb moved that the petition be granted if a proper bond is fur- nished,. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Petition of K, W. Gaber Con- struction Ca, requesting permission for blasting permit for the removal of rock on Dodge street, presented and read. Councilman Kolb moved that permission be granted if a proper band is furnished. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Petition of Anthony Schmit re- questing arefund in the amount of $25.00, for the unexpired por- tion of his cigarette license No. 273, presented and read. Council- man Kalb moved that the petition be granted and the Auditor in- structed to draw a warrant, in the amount of $25.00, payable to An• thony Schmit, to cover the amount of '.his unexpired cigarette license No. 273. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of Earl T. Avery, re- questing arefund in the amount of $25.00, for the unexpired por- tion of his cigarette license No. 278, presented and read, Council- man Kolb moved that the petition be granted and the Auditor in- structed to draw a warrant, in the amount of $25.00, payable to Earl T. Avery, to cover the amount of his unexpired cigarette license No. 278. Seconded by Councilman Schueller. Carried by the follow• ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of George Schlegel et a;l requesting that the alley be- tween Wood street and Adair street be extended north from its present limits to the intersection of the Decorah street intersection, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Engineering department for investigation and report. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, 156 Regular Session, April 2, 1956 Potition of Garland Lynch re- questing agrade and some type of surfacing for the alley from Finley street to Bunker Hill Road between Green street and the back half of the block bordered by Fin- ley and Bunker Hill, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of Samuel T, Pusateri, requesting a grade and some type of surfacing for the alley from Finley street to Bunker Hill road between Green street and the back half of the block bordered by Fin- ley and Bunker Hill, presented and read, Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Notice of claim of Mrs. Clarence Feipel, 133 St, Marys street, in an unnamed amount, for personal in- juries received in a fall on Em- mett street in January of 1956, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Sa licitor for investigation and report, Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Notice of claim of Serefeno P, Rigotti of 2641 University avenue, in the amount of $5500.00, for per- sonal injuries received in a fall arr the sidewalk between Senior High School and Rosedale avenue on West Locust street, on February 12, 1956, presented and read. Coun- cilman Kolb moved that the notice of claim be referred to .the City Solicitor for investigation and re- port. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen ;Dove, Kintzinger, Kolb, Schueller, Nays-None. Petition of Medical Associates Realty Company for permission to erect and maintain a marquee above the alley entrance to the emergency section of the Medical Associates Building at 1200 Main street, presented and read. Mayor Welu moved that the petition be referred to the City Manager, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. March 30,1956 Hon, Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: The claim of Miss Lillian Eus- tice, 1375 Finley street, was re- ferred to this office for investiga- tion and report. I have investigated this claim and can find no negligence on the part of the City and recommend that the same be denied. Respectfully, T. H. NELSON N:S CouncIlman Schueller moved that the recommendation of City Solicitor Nelson be approved, Sec- onded by Councilman Dove. Car• vied by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, March 28th, 1956 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of William Grevas, 999 Iowa Street, and find no negligence on the part of the City and recommend the claim be denied, Respectfully, T. H, NELSON N:S cc to Mr. E, C. Tschudi, Dubuquo, Iowa Councilman Schueller moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Dove, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller, Nays-None. Regular Session, March 28th, 1956 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; I have investigated the claim of A. W. Gross, 2420 Washington Street and find no negligence on the part of the City and recom- mend the claim be denied, Respectfully, T, H, NELSON N:S Councilman Dave moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Kintzinger, Carried by the fallowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, March 28th, 1956 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; The claim of Mary Pawlacyk of 44~Z Bluff Street was referred to this office for investigation and re- port. On investigation I find no neg• ligence on the part of the City and recommend the claim be denied. Respectfully, T. Ii. NELSON N;S cc to Mary Fawlacyk, 44r/z Bluff St., Dubuque, Iowa Councilan Dove moved that the recommendation of City So- licitor Nelson be approved. Second- . ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. March 28, 1956 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of William Perleth, 1595 Earl Drive, was referred to this office for investigation and report, On investigation I find no negli- April 2, 1956 157 Bence on the part of the City and recommend the claim be denied. Respectfully, T. H. NELSON N:S cC to Mr, Wm. Perleth, 1595 Earl Drive, Dubuque, Iowa Councilman Dove moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None, ORIDINANCE N0, 11.56 An Ordinance amending Ordf- nonce No, 3-34 by changing the Zoning Classification of the here- inafter described real estate from its present Zoning Classification to Local Business District "A" Classification of Lots 1, 2, 3, 4, 5 and 6 in Block 5 in Hillcrest Heights Suldivision and Lot 2 of Lot 1 of Lot 1 of Lat "A" in Hill- crest Park subdivision, presented and read. Councilman Kolb moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Sclueler, Nays-None. Councilman Kolb moved that the rule requiring reading of an or- dinance on three separate days be waived. Seconded by Mayor Welu, Carried by the fallowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Councilman Kolb moved that a public hearing be held on May' 7, 1956, at 7,30 o'clock P,M, in the Council Clamber and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by May- or Welu. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-Nano. 158 Regular Session, April 2, 1958 March 30, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of (1) Carl Roloff et al and (2) that of Joseph J. Ros- camp bath attached have been con- sidered in detail in the presence of eight interested citizens all in favor. These citizens requested re- zoning of bhe north side of Dodge St, for a depth northerly from north line of Dodge St, for the natural depths of each lot between Hill St, and the westerly line of Roscamp's lot first westerly from Alpine St. from Two-Family to Lo- cal Business "A"-Namely Lot 2 of Mineral Lot 68; Lot 4A of Part of Mineral Lot 149; Lots 1, 2, 3, 4 & 5 Reeder and Langworthys Sub, (1300 and part of 1400 Block on north side of Dodge St•) The Planning & Zoning Commis- sion respectfully recommends to your Honorable Body approval of both petitions allowing rezoning of area above described to Local Busi- ness "A". Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Kolb moved the ap- proval of the Planning & Zoning Commission. Seconded by Council- man Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0. 12.5b An Ordinance amending Ordi- nance No. 3.34 by changing the Zoning Classification of the here- inafter described real estate from its present Zoning Classification to Local Business District "A" Classification on Lot 3a of Mineral Lot 149; Lot 5 of the Subdivision of Lots 1 and 2 of Mineral Lot 62; Lot 2a of Mineral Lot 149; Lot 3 of the Subdivision of Lots 1 and 2 of Mineral Lot 62; Lot la of Min- eral Lat 149; Lot 1 of the Subdivi- sion of Lots 1 and 2 of Mineral Lot 62; Lot 1 of Lot 1 of Lot 2 of Lot 5 of Part of Mineral Lot 149; Lot 1 of Lot 5 of Part of Mineral Lot 149; Lot 2 of Lot 1 of Lot 2 of Lot 5 of Part of Mineral Lot 149; West a/4 of Lot 6 of Part of Mineral Lot 149; East V4 of Lot 6 of Part of Mineral Lot 149;,West 75 feet of Lot 7 of Part of Mineral Lot 149; East 25 feet of Lot 7 of Part of Mineral Lot 149; Lot 8 'of Part of Mineral Lot 149; Lots 12, 13,14 and 15 Bonson and Stewart's Subdivision; Lot 2 of Mineral Lot 68; Lot 4A of Part of Mineral Lot 149; Lots 1, 2, 3, 4 and 5 of Reeder and Langworthy's Subdivision, pre- sented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Welu, Carried by the following: vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Councilman Kolb moved that the rule requiring reading of an ordinance on three separate days be waived, Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Councilman Kolb moved that' a public hearing be held on May 7; 1956, at 7,30 o'clock P.M, in the Council Chamber and that the City Clerk be instructed to publish no• tice of the hearing in the manner required by law. Seconded by May- or Welu, Carried by the following vote, Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0. 89.5b Whereas, the City Manager has recommended that the City of Du- buque dispose of that part of Lots 16 and 17 in Rosedale Addi- tion in the City of Dubuque not required for street purposes; and Whereas, the City Engineer has prepared and submitted the at- tached Plat subdividing said lots and upon which the portions of said lots not required for street purposes are designated as Lot 1 of the Subdivision of Lot 17 and Lot 1 of the Subdivision of Lot 16, both in Rosedale Addition; Now Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1. That said plat be and j the same is hereby approved and Regular Session, April 2, 1956 159 the Mayor and City Clerk author- ized and directed to execute the same on behalf of the City of Du- buque. Section 2. That a public hearing. be held on the 7th day of May, 1956 at 7:30 P.M, in the City Coun- cil Chambers in the City of Du- buque on the proposal to dispose of Lot 1 of Lot 16 and' Lot 1 of Lot 17, both in Rosedale Addition in the City of Dubuque, Iowa, and that the City Clerk be and he is ', hereby directed to publish notice of said hearing in the manner pro- vided by law. ...Passed, adopted and approved this 2nd day of April, 1956, CLARENCE P. WELD Mayor RAY F. KOLB LEO N,SCHUELLER CHARLES A, KIlVTZIlQGER CHARLES E. DOVE Councilmen Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Schueller, Car- ried by the following vote:. Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. April 2, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: 150808, General Casualty Co, of America. Braconier Plumbing & Heating Co., 1091 University Avenue, Policy No, 9 MC 71788, Indemnity In- surance Ca, of N.A. Respectfully submitted, L, J, SCHILTZ, City Manager LJS/J Councilman Kolb moved approv- al of bonds and policies for filing subject to the approval of the City Solicitor. Seconded by Mayoi' Welu. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of William T. Vath et al requesting that awalk-way be established along Dodge street on the north side of the street be- tween Cherokee Drive and Devon Drive, presented and read. Council- man Schueller moved that the rules be suspended in order to let anyone present addr°ess the CounciP if they so desire. Mr. William T. Vath addressed the Council rela- tive to the petition signed by him- self and others stating the hazard involved for children in the area going to and from school, A good many times the. children are forced to walk on the highway, Council- man Kolb moved that the petition be referred to the Council to view the grounds. Seconded by Council- man Kintzinger. Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, HEATING Robert Felts (Electric Refrigera- tion Co.), Peerless Insurance Co. F. W. Hanselmann, American Cas- ualty Co, SIDEWALK K-M Construction Co., American Casualty Co. TELEVISION CABLE Dubuque-Jerrold Television Cable Corp., The Fidelity and Casualty Co, of New York. EXCAVATION W. J. Jordan; 1748 Audubon Street, Policy No. SLP 120005, General Casualty Co, of America. Harry H, Miner, et al, 130 West 13th Street, Policy No, SLP April 2, 1956 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Since parking has been eliminat- ed on Bluff Street near Dodge Street the business. establishments on Dodge Street just west of Bluff Street have very little use of the street because of long time park- ing, Because the area on the north side of Dodge Street for a distance of approximately 800 feet is pre- dominantly business, the restrict- ing of parking would be helpful. I recommend that the north side of Dodge Street from Bluff Street 160 Regular Session, April 2, 1956 westerly a distance of 800 feet be established as a two hour parking zone. Respectfully submitted, L, J. SCHILTZ, City Manager LJS;Io Councilman Dove moved the rec- ommendation of the City Manager be approved and the communica- tian referred to the City Solicitor to have proper proceedings pre- pared, Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, April 2, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Complaints have been investigat- ed regarding the hazard of parking on both sides of West 16th Street between Montrose and Catherine Streets and on Catherine Street between West 16th and West 17th Streets. These streets axe too nor- . row to permit the passing of ve- hicles when there are cars parked on both sides of the street. It would also be a hazard in case the Fire Department had to use this street. Therefor it is recommended that Schedule VI of Ordinance 33.49 be atnended by adding thereto the fallowing sections which prohibit parking on one side of the street, (On the South side of West 16th Street from Montrose Street to Catherine Street,) (On the West side of Catherine Street from West 16th Street tc West 17th Street.) Respectfully submitted, L, J. SCHHITZ, City Manager LJS;Io Councilman Kolb moved that the recommendation of City Manager Schiltz be approved and the com- munication referred to the Cfty Solicitor to have proper proceed- ings prepared. Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb,. Schueller. Nays-None. Petition of C: Francis Barker et al requesting vacation of the alley first north of Green street running from the west property line of Fin- ley street to the east property line of Bunker Hill Road, presented and read. Councilman Kintzinger moved that the petition be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Petition of Intorstate Power Co. requesting permission for the con- struction of a canopy on the front of their office building at 10th and Main street, presented and read. Councilman Kalb moved that the petition be referred to the City Manager and all other departments concerned for recommendation and report, Seconded by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Florence Young (Lar- sen) requesting a refund in the amount of $25.00 to recover the unexpired portion of her cigarette license No, 49, presented and read. Councilman Kolb moved that the petition be granted and that the City Auditor be instructed to draw a warrant, in the amount of $25.00, payable to Florence Young (Lar- sen) to cover the amount of unex- pired portion of her cigarette li- cense No, 49, Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Notice of claim of Lyle Dewey, 1940 Ungs street, in the amount of $50.00 for damage to his car re- ceived at the southwest corner of 9th & Locust street on February 15, 1956, presented and read. Coun- cilman Kolb moved that the notice of claim be referred to the City Solicitor for investigation and re- port, Seconded by Councilman Iintzinger, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Regular Session, Apr7l 2, 1956 161 RESOLUTION N0. 90.56 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following applications be granted and licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "~" PERMIT Florance Deutsch, 1298 Main Street James V. Walker and Marie Walk- er, 553 Eighth Avenue Clifford Steffen, 1103 Iowa Street Vince Winders, 2319 Prince Street Pete S. Sfikas, 760 East 16th Street Mrs, Adele Geske, 253 West 1st Street Charles W. Krueger,' 39D East 12th Street Gerald Herburger, 2987 Jackson Street Mrs, Alma Henkel, 241 Main Street CLASS "C" PERMIT Donald D. Schroeder, 2890 Central Avenue William J, White, 1993 Asbury Street Tenenbom's Super Market, Inc., 2D0 So. Locust Street Earl J, McNamara, 1046 University Avenue Passed, adopted and approved this 2nd day of April, 1956. CLARENCE P, WELD Mayor RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZIlVGER CHARLES E. DOVE Councilmen Attest; LEO F, FROMMELT, City Clerk Councilman Kalb moved the adoption of the resolution, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0. 91.56 Whereas, heretofore applications far Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit, CLASS "E" PERMIT Albert Metcalf, 400 Central Avenue Florance Deutsch, 1298 Main Street James V. Walker and Marie Walk- er, 553 Eighth Avenue Clifford Steffen, 1103 Iowa Street Vince Winders, 2319 Prince Street Pete S, Sfikas, 760 East 16th Street Mrs, Adele Geske, 253. West 1st Street Charles W. Krueger, 390 East 12th Street Gerald Herburger, 2987 Jackson Street Mrs. Alma Henkel, 241 Main Street CLASS "C" PERMIT° Donald D, Schroeder, 2890 Central Avenue William J, White, 1993 Asbury Street Tenenbom's Super Market, Inc., 200 So, Locust Street Earl J. McNamara, 1046 University Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 2nd day of Aprll, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A, KIldTZINGER CHARLES E. DOVE Councilmen Attest; LEO F, FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. RESOLUTION NO. 92.56 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City. 162 Regular Session, April 2, 1956 Erwin J. Hafeman, 2370 Rhomberg Avenue Robert E. Hevey, 1005 Rockdale Road Mrs. Alma Henkel, 241 Maih Street Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 2nd day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIlVTZINGER CHARLES E. DOVE 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 Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of Irwin M, Hillard et as requesting the City to execute a deed to them to portion of Lawry street, portion of LaFayette street, portion of alley running between Fairmount street and Saunders street, presented and read. Coun- cilman Schueller moved that the petition be referred to the City Solicitor. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, RESOLUTION NO. 93.56 Whereas, Irwin M. Hillard and Alma C. Hillard, husband and wife, have applied to the City Council for the conveyance of certain here- inafter named portions of streets in Fairmount Park Subdivision of the City of Dubuque, which streets had heretofore been vacated by ac- tion of the City Council, Ordinance No, 70156, 1943, Be It Therefore Resolved by the. City Council of the City of Du- buque, Iowa, that the proposal to dispose of said real estate be set down for public hearing on the 7th day of May, 1956, at 7:30 o'clock P. M. at the City Council Chambers in the City Hall in the City of Du- buque, and that the City Clerk be, and he is hereby, authorized and directed to publish notice of said hearing. Adapted this 2nd day of April, A. D, 1956, CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayas Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. There being no further business Councilman Schueller moved to adjourn. Seconded by Councilmah Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller,' Nays-None. LEO F, FROMMELT, City Cleric Approved ...................................1956. Adopted ......................................1956.: Councilmen : ................................~. ,I ................................. City Clerk Regular Session, Aptil 2; 1956 163 ~h~ ~~a (OFFICIAL) Regular Session, April 2, 1956, Board met at 10:30 P, M. Present-Chairman Mr, Clarence P. Welu, Messrs. Charles E. Dove, Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller. Absent-Dr. A. J. Entringer. OFFICIAL NOTICE To; Arthur A, Hartmann, 2323 Woodlawn Street, Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956 the LOCAL BOARD OF HEALTH of the City of Dubuque, Iowa, adopt- ed Resolution No. 70.56 a certified copy of which is attached hereto, You are further notified that under the provisions of City Ordinance No. 74, a failure to comply with said order will constitute a mis- demeanor. You are referred to the attached Resolution for further particulars. Dated at Dubuque, Iowa March 22, 1956, LEO F, FROMMELT, City Clerk STATE OF IOWA DUBUQUE COUNTY I, Arthur J. Miller, having been first duly sworn an oath say: That I am the Sanitary Officer of the City of Dubuque, Iowa; that on the 23rd day of March, 1956, I served a certified copy of the with- in resolution and notice on Arthur A. Hartmann by delivering the same to him personally in the City of Dubuque, Iowa. ARTHUR J. MILLER Subscribed and sworn to before me this 24th day of March, 1956. MAE A. MOORS, Notary Public (Notarial Seal) Moved by Mr. Ray F, Kolb that the official notice and return of service be received and filed, See- onded by Mr. Charles A, Kintzing- er. Carried by the following vote: Yeas-Chairman Mr, Clarence P, Welu, .Messrs, Charles E. Dove, Charles A. Kintzinger, Ray F. Kalb, Leo N. Schueller, Nays-None. Absent-Dr. A; J, Entringer. OFFICIAL NOTICE To; Jeanette C. Hartmann 2323 Woodlawn Street Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956 the Local Board of Health of the City of Dubuque, Iowa, adopted Resolu- tion No. 71.56 a certified copy of which is attached hereto. You are further notified that under the provisions of City Ordinance No. 74, a failure to comply with said order will constitute a misdemean- or, You are referred to the at- tached Resolution for further par- ticulars, Dated at Dubuque, Iowa March 22, 1956. LEO F, FROMMELT, City Clerk STATE OF IOWA DUBUQUE COUNTY I, Arthur J. Miller, having been first duly sworn on oath say; That I am the Sanitary Officer of the City of Dubuque, Iowa: that on the 23rd day of March, 1956, I served a certified copy of the within resolu- tion and notice on Jeanette C, Hartmann by delivering the same to her personally in the City of Dubuque, Iowa; ARTHUR J. MILLER Subscribed and sworn to before me this 24th day of March 1956. MAE A, MOORS, Notary Public (Notarial Seal) Moved by Mr. Ray F, Kolb that the official notice and return of service be received and filed. Sec- onded by Mr, Charles A. Kintzing- er. Carried by the fallowing vote: Yeas-Chairman Mr. Clarence P. Welu, Messrs. Charles E. Dove, Charles A, Kintzinger, Ray F. Kolb, Leo N, Schueller, Nays-None. Absent-Dr, A. J. Entringer. OFFICIAL NOTICE To; Richard V, LeCroy 2314 Kevindale St, Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956 the Local Board of Health of the City of Dubuque, Iowa, adapted ]?esolu- tion No. 72.56 a certified copy of which is attached hereto, You are further notified that under the pro- visions of City Ordinance No. 74, 164 Regular Session, April 2,1956 a failure to comply with said order will constitute a misdemeanor, You are referred to the attached Reso- lution for further particulars. Dated at Dubuque, Iowa March 22nd 1956. LEO F. FROMMELT, City Clerk STATE OF IOWA DUBUQUE CDUNTY i, Arthur J. Miller, having been first duly sworn on oath say; That I am the Sanitary Officer of the City of Dubuque, Iowa: that on the 23rd day of March, 1956 I served a certified copy of the within reso- lution and notice on Richard V. Le- Cray by delivering the same to him personally in the City of Dubuque, Iowa, ARTHUR J, MILLER Subscribed and sworn to before me this 24th day of March, 1956. MAE A. MOORS Notary Public (Notarial Seal) Moved by Mr, Ray F. Kolb that the official notice and return of sewice be received and filed. Sec- onded by Mr, Charles A, Kintzing- er. Carried by the following vote; Yeas-Chairman Mr. Clarence P. Welu, Messrs. Charles E. Dove, Charles A. Kintzinger, Ray F. Kolb, Leo N, Schueller, Nays-None. Absent Dr. A. J, Entringer. OFFICIAL NOTICE To: Jeanette A, LeCroy 2314 Kevindale St, Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956 the Local Board of Health of the City of Dubuque, Iowa, adopted Reso- lution No. 73.56 a certified copy of which is attached. hereto. You are further notified that under the provisions of City Ordinance No. 74, a failure to comply with said order will constitute a rnisdemea,- nor. You are referred to the at- tached Resolution for further par- ticulars, Dated at Dubuque, Iowa March 22, 1956. LEO F. FROMMELT, City Clerk STATE OF IOWA DUBUQUE COUNTY I, Arthur J. Miller, having been first duly sworn on oath say: That I am the Sanitary Officer of the City of Dubuque, Iowa: that on the 23rd day of March, 1956, I served a certified copy of the within reso- lution and notice on Jeanette A. LeCroy by delivering the same to her personally in the City of Du- buque, Iowa, ARTHUR J. MILLER Subscribed and sworn to before me this 24th day of March, 1956. MAE A. MOORS, Notary Public (Notarial Seal) Moved by Mr. Ray F, Kolb that the official notice and return of service be received and filed, Sec- onded by Mr. Charles A. Kintzing- er, Carried by the following vote: Yeas-Chairman Mr. Clarence P. Welu, Messrs, Charles E, Dove, Charles A. Kintzinger. Ray F. Kolb, Leo N. Schueller. Nays-None, Absent-Dr. A. J. Entringer. OFFICIAL NOTICE Ta: Mary M. Pape 2335 Kevindale St. Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956 the Local Board of Health of the City of Dubuque, Iowa, adopted Reso- lution No. 74.56 a certified copy of which is attached hereto, Yau are further notified that under the provisions of City Ordinance No. 74, a failure to comply with said order will constitute a misdemean- or. You are referred to the at- tached Resolution for further par- ticulars. Dated at Dubuque, Iowa March 22, 1956, LEO F. FROMMELT, City Clerk STATE OF IOWA DUBUQUE COUNTY I, Arthur J. Miller, having been first duly sworn on oath say: That I am the Sanitary Officer of the City of Dubuque, Iowa: that on the 23rd day of March, 1956, I served a certified copy of the with- in resolution and notice on Mary M, Pape by delivering the same to her personally in the City of Du- buque, Iowa. ARTHUR J. MILLER Subscribed and sworn to before me this 24th day of March, 1956. MAE A. MOORS, Notary Public (Notarial Seal) Regulai Session, April 2,1956 165 Moved by Mr. Ray F. Kolb that the official notice and return of service be received and filed, Sec- onded by Mr, Charles A. Kintzing- er. Carried by the following vote: Yeas-Chairman Mr. Clarence P. Welu, Messrs. Charles E. Dove, Charles A. Kintzinger, Ray F, Kolb, Leo N. Schueller. Nays-None, Absent-Dr, A. J. Entringer. OFFICIAL NOTICE To: Robert C, Pape 2335 Kevindale St. Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956 the Local Board of Health of the City of Dubuque, Iowa, adopted Resolu- tion No. 75-56 a certified copy of which is attached hereto. You are further notified that under the pro- visions of City Ordinance No, 74, a failure to comply with said order will constitute a misdemeanor. You are referred to the attached Reso- lution for further particulars. Dated at Dubuque, Iowa March 22, 1956. LEO F. FROMMELT, City Clerk STATE OF IOWA DUBUQUE COUNTY I, Arthur J. Miller, having been first duly sworn on oath say; That I am the Sanitary Officer of the City of Dubuque, Iowa: that on the 23rd day of March, 1956, I served a certified copy of the within reso- lution and notice on Robert C. Pape by delivering the same to him personally in the City of Du- buque, Iowa, ARTHUR J. MH,LER Subscribed and sworn to before me this 24th day of March, 1956. MAE A. MOORS Notary Public (Notarial Seal) Moved by Mr. Ray F. Kolb that the official notice and return of service be received and filed, Sec- onded by Mr, Charles A, Kintzing- er. Carried by the fallowing vote: Yeas-Chairman Mr. Clarence P, Welu, Messrs, Charles E, Dove, Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller. Nays-None. Absent-Dr, A, J. Entringer. OFFICIAL NOTICE To: Clarence A. Strub 2315 Woodlawn St, Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956 the Local Board of Health of the City of Dubuque, Iowa, adopted Reso- lution No. 76-56 a certified copy of which is attached hereto, You are further notified that under the pro- visions of City Ordinance No. 74, a failure to comply with said order will constitute a misdemeanor. You are referred to the attached Reso- lution for further particulars. Dated at Dubuque, Iowa March 22nd, 1956. LEO F, FROMMELT, City Clerk STATE OF IOWA DUBUQUE COUNTY I, Arthur J, Miller, having been first duly sworn on oath say: That I am the Sanitary Officer of the City of Dubuque, Iowa: that on the 23rd day of March, 1956, I served a certified copy of the within reso- lution and notice on Clarence A. Strub by delivering the same to him presonally in the City of Du- buque, Iowa, ARTHUR J, MILLER Subscribed and sworn to before me this 24th day of March, 1956. MAE A, MOORS Notary Public (Notarial Seal) Moved by Mr. Ray F. Kolb that the official notice and return of service be received and filed, Sec- onded by Mr. Charles A. Kintzing- er. Carried by the following. vote: Yeas-Chairman Mr. Clarence P, Welu, Messrs. Gharles E. Dave, Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller. Nays-None. Absent-Dr, A. J, Entringer. OFFICIAL NOTICE To: Florence M. Strub 2315 Woadlawn St. Dubuque, Iowa You are hereby notified that on the 19th day of March, 1956, the Local Board of Health of the City of Dubuque, Iowa, adopted Reso- lution No. 77.56 a certified copy of which is attached hereto, Yau are further notified that under the provisions of City Ordinance No. 74, a failure to comply with said order will constitute a misdemean- 166 Regular Session, April 2, 1956 or. You are referred to the at- taohed Resolution for further par- ticulars. Dated at Dubuque, Iowa March 22nd, 1956. LEO F. FROMMELT, City Clerk STATE OF IOWA DUBUQUE COUNTY I, Arthur J. Miller, having been first duly sworn on oath say, That I am the Sanitary Officer of the City of Dubuque, Iowa: that an the 23rd day of March, 1956, I served a certified copy of the with- in resolution and notice on Flor- ence M. Strub by delivering the same to her personally in the City of Dubuque, Iowa. ARTHUR J. MILLER ,"5uhscribed and sworn to before me this 24th day of March, 1956. MAE A. MOORS Notary Public (Notarial Seal) Moved by Mr. Ray F. Kolb that. the official notice and return of service be received and filed, Sec- onded by Mr. Charles A, Kintzing- er. Carried by the fallowing vote: Yeas-Chairman Mr, Clarence P. Welu, Messrs, Charles E. Dove, Charles A, Kintzinger, Ray F. Kolb, Leo N. Schueller. Nays-None, Absent-Dr. A, J. Entringer. There being no further business Mr. Ray F. Kolb moved that the Board of Health meeting adjourn Seconded by Mr. Leo N, Schueller. Carried by the following vote: Yeas-Chairman Mr. Clarence P. Welu, Messrs. Charles E. Dove, Charles A. Kintzinger, Ray F, Kolb, Leo N, Schueller. Nays-None. Absent-Dr. A. J. Entringer. LEO F. FROMMELT, Clerk Board of Health Approved ....................................1956. Adopted ......................................1956. Members of .................................... Bd. of Health .................................... Attest ...................................................... Clerk, Board of Health Special Sessior E F OFFICIAL Special Session, April 16, 1956. Council met at 7,30 P. M. Present-Mayor Welu, Council- men Dove, Kintzinger, Kolb, Schueller, City Manager Schiltz. Meeting called by order of Mayor Welu. Mayor Welu stated that this is a special meeting of the City Coun- cil and that service thereof had been duly made, called for the purpose of conducting a public hearing on a resolution of neces- sity for passage and adoption for the improvement of portions of certain streets with concrete curb and gutter, known as "City of Du- buque 1956 Concrete Curb and Gutter project Number 1" and also for the purpose of acting upon such other business as may prop- erly come before a regular meeting of the City Council. Proof of pub- lication, certified to by -the Fub- lisher, of Notice of Pendency of Resolution for public improde- ments and hearing upon proposed plans and specifications, form of contract, and cost of improve- - ments, for the improvement of the following portions of the following named streets with concrete curb and gutter on; Asbury street from the west property line of Carter Road to the west corporation limits, Born avenue from the south property line of Lenox avenue to the south property line of Indiana avenue. Chaney Road from the south property line of Hillcrest Road to the north property line of Penn- sylvania avenue. Cleveland avenue from the west property line of Bryant street to the east property line of State street. Indiana avenue from the east property line of Born avenue to the west •property line of Missouri avenue, Meadow Lane from the south property line of Lombard street to a point 40' north of the center line of Dodge street. Missouri avenue from the south property line of .Lenox avenue to ~, April 16,1956 167 the south property line of Ridge- way avenue. Sullivan street from the north property line of English Lane to the south property line of Levi street. Wisconsin avenue from the north property line of Marmora avenue to the south property line of Penn- sylvania avenue, Woodworth. street from the north property line of Lowell street to the south property line of Montcrest street. At a~n estimated cost of $43,611,- 15, presented and read. Councilman Kolb moved the proof of publication be received and filed. Seconded by Councilman Sohueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, March 30, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The communication of Ken Lo- ney requesting that curb and gut- ter be deleted from Indiana Ave• mte was referred to the Water Su- perintendent and City Manager for recommendation and report. It is recommended that this street be graded and curb and gut- ter installed so that when the water main is laid, the street will be to proper grade, Respectfully submitted, L, J. SCHILTZ, City Manager LJSao Councilman Kolb moved that the recommendation of City Manager Schiltz be approved and the com- munication received and filed. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Councilman Kintzinger moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Dave. Car- ried by the following vote; Yeas-Mayor Welu, Councihnen Dove, Kintzinger, Kolb, Schueller. Nays-None. 168 Special Session, Apr71 16,1956 Mrs. Harold Sippel addressed the Council objecting to the curb and gutter improvement on Meadow Lane because of the cost. City Man- ager Schiltz recommended that Meadow Lane be deleted from the 1956 curb and gutter project due to the inability to procure the nec- essary right of way. Councilman Kintzinger moved that PlIeadow Lane be deleted from the 1956 Curb and gutter project No, 1. Seconded by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Cauncihnen Dave, Kintzinger, Kolb, Schueller, Nays-None. Mrs. Francis X. Gruber ad- dressed the Council stating that she objects to the improvement of Sullivan street, with concrete curb and gutter, until the City .agrees to construct a retaining wall on her property facing English Lane. Her request relative to the con- struction of the retaining wall was denied. Mr, Roger Cox of the Cax Realty Co, addressed the Council. stating he is in favor of the pro posed improvement, Mr. Henschel addressed the Council stating that he could see no reason why Sulli- van street should not be improved, because it certainly is in need of concrete curb and gutter, and urged the Council to retain the improvement in the 1956 project despite the sole objector to the proposed improvement. Council- man Dove moved that Sullivan street from the north property line of English Lane to the south prop- erty line of Levi street be deleted from the 1956 curb and gutter project No. 1. Seconded by Coun- cilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. RESOLUTION N0. •56 Resolution amending Resolution No. 64.56. Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1, That Resolution No. 62-56 being the Resolution of Ne- cessity for the City of Dubuque 1956 Concrete Curb and Gutter Project No, 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Meadow Lane from the south prop- erty line of Lombard street to a point 40' north of the center line of Dodge street, Sullivan street from the north property line of English Lane to the south property line of Levi' street. Passed, adopted and approved this 16th day of April, 1956, CLAP~ENCE P WELD .Mayor RAY F, KOLB - LEO N. SCHUELLER CHARLES,A. KINTZINGE'R' CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the. adoption of the resolution. Second. ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen.. Dove, Kintzinger, Kolb, Schueller. Nays-None. (See future motion as to Sulli- van street). Decision of Council upon: objec• Lions to plans, specifications,' form of contract and cost of im- provements. RESOLUTION N0, 45.56 Whereas, proposed plans and. specifications and form of contract.. for the following improvement on the following portions of the faI- lowing streets by installing Con- crete Curb and Gutter thereon, to- wit: Asbury street from the west property line of Carter Road to the: west corporation Limits, Botn avenue from the south property line of Lenox avenue to the south property line of Indiana avenue. Chaney Road from the south property line of IIillcrest Road to the. north property line of .Penn- sylvania avenue. Cleveland, avenue from the west property line of Bryant street to the east property line of State- street, Indiana avenue from the east property -line of Born avenue to T Special Session, April 16, 1956 169 the west property line of Missouri avenue. Missouri avenue from the south property line of Lenox avenue to the south property line of Ridge- way avenue, Wisconsin avenue from the north property line of Marmora avenue to the south property line of Pennsylvania avenue. Woodworth street from the north property line of Lowell street to the south property line of Montcrest street, have been ap- proved by the City Council of the City of Dubuque and public no- tive given as provided by Chapter 23 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 16th day of April, 1956; and Whereas, the City Council mot in special session this 16th day of April, 1956, at 7:30 o'clock P,M, at the Council Chambers in the City Hall far the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro• posed plans, specifications or con• tract for or cost of the improve• ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity.. to be heard and all objections which have been duly weighed and considered; now, therefore Bo It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract 'heretofore approved are hereby adopted, Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a mat- ter of permanent record in can• nection with said improvement, passed, adopted and approved this 16th day of April, 1956, CLARENCE P. WELD Mayor RAY F, KOLB LEO N. SCI-NELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Dove, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, (See Future motion as to Sulli- van street), RESOLUTION N0. 64.56 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, on its own Motion; Section 1. That it is deemed ad- visable and necessary for the pub- lic welfare to make and provide street improvements under the provisions of Chapter 391 of the 1950 Code of Iowa, by surfacing on tho following portions of the fol- lowing named streets with Con- crete Curb & Gutter: Asbury street from the west property line of Carter Road to the west corporation limits. Born avenue from the south property line of Lenox avenue to the south property line of Indiana avenue. Chaney Road from the south property line of Hillcrest road to the north property line of Penn- sylvania avenue, Cleveland avenue from the west property line of Bryant street to the east property line of State street. Indiana Avenue from the east property line of Barn avenue to the west property line- of Mis- souri avenue. Missouri avenue from the south property line of Lenox avenue to the south property line of Ridge- way avenue. Wisconsin avenue from the north property line of Marmora avenue to the south property line of Pennsylvania avenue. T 170 Special Session, April 16,1958 !- Special Session, April 16, 1956 171 Woodworth street from the north property line of Lowell street to the south property line of Montcrest street. Section 2. Said improvements shall be constructed under con- tract and in accordance with the plans and specifications which have been prepared therefor by the City Engineer and which to- gether with the Plat and Schedule for such improvements, have been approved by the City Council and are now on file in the office of the City Clerk, Section 3. That the cost and ex- pense of making said improve- ments will be assessed upon and against all privately awned prop- erty lying within the assessable distance provided by law and in an amount not to exceed the amount provided by law. Property will be assessed, whether the same abuts on any of said portions of said street or is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the street fund. The railway portion of any such streets shall be assessed against the railway company, Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as pro- vided by Section 396.6 of the Code of Iowa, 1950, for the purpose of providing for the payment of the assessed cost of said improve- ments; said bonds to be issued in anticipation of the deferred pay- ment of the assessments levied therefor, and that said bonds will be sold at public sale in the man- ner provided by law, but shall not be sold for less than their par value with accrued interest from date of bonds to the time of d~e• livery thereof, Section 5. That unless property owners at the time of final con- sideratian of this resolution have on file with the City Clerk objec- tions to the amount of the pro- posed assessment, they shall be deemed to have waived all objec- tions thereto. Section 6. For purposes of Brevi- ty and Reference all the foregoing improvement shall be known as "City of Dubuque 1956 Concrete Curb and Gutter Project Num- ber 1" Introduced, approved and or- dered placed on file with the City Clerk this 19th day of March, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIlVTZINGER Absent-Charles E. Dove, Councilmen Attest: LEO F. FROMMELT, City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally adopted and passed as amended by the City Council this 16th day of April, 1956. CLARENCE P. WELU Mayor RAY F, KOLB LEO N,SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, (See future motion as to. Sullivan street), (Ordering Construction) RESOLUTION NO. 96.56 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No, 64.56 which was duly passed by this Council, for the following improvement on the fol- lowing portions of the following streets by installing Concrete Curb and Gutter thereon, to-wit; Asbury Street from the west property line of Carter Road to the west corporation Limits. Born avenue from the south property line of Lenox avenue to the south property line of Indiana avenue. Chaney Road from the south property line of Hillcrest Road to the north property line of Penn- sylvania avenue. Cleveland avenue from the west property line of Bryant street to the east property line of State street. Indiana avenue from the east property line of Born avenue to the west property line of Missouri avenue. Missouri avenue from the south property line of Lenox avenue to the south property line of Ridge- way avenue. Wisconsin avenue from the north property line of Marmora avenue to the south property line of Penn- ;.. Sylvania avenue, Woodworth street from the north property line of Lowell street to the south property line of Montcrest street, be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be If Further Resolved that the cost and expense of the said im- provements be paid far by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city, Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds to be issued in antici- pation of deferred payments of as- sessments as provided by law after the work has been completed and accepted. by the City Council, Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals .for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 75 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 16th day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution, Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor We1u, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. (See future motion as to Sullivan street), Proofs of Publication, certified to by the Publishers, the Daily Des Moines Register and Tribune also the Telegraph Herald newspapers of the notice of public hearing to consider plans, specifications and form of contract for the extension and improvement of the municipal water plant for furnishing four submersible pumping units for bhe new shallow wells located on City Island, presented and read, No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing, Councilman Kolb moved that the proofs of Publica- tion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. The only bid received was from Byron Jackson Division, Borg War- ner Corp, for the furnishing of four submersible pumping units for the new shallow wells located on City Island, was presented and read, City Manager Schiltz recom- mended that the bid be referred to him and Mr. J. J. Hail, superin- tendent of the Water Department, for further study and evaluation. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved and that Mr. Schiltz and Mr. Hail report at the next Council meeting. Seconded by Councilman Schueller. Carried by the following vote: 172 Special Session, April 16,1956 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays--None. Printed Council proceedings far the month of January 1956 were presented for approval. Council- man Kolb moved that the Council proceedings for the month of Jan- uary 1956 be approved as printed. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Communication of Max Clark, of the Board of Education, congratu- lating the Council and the City Manager for the excellent report on the progress of the City's busi- gess and administration affairs, which appeared in a recent Sunday edition of the Telegraph•Herald newspaper, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Communication of Mary A. Cun- ningham, submitting a price of $100.00, for the purchase of Lot 171 in Union Addition, presented and read. Councilman Kolb moved that the communication be re- ferred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. Dubuque Bank & Trust Company Dubuque, Iowa April 13, 1956 Mr, Lavern J. Schiltz, City Manager City Hall, Dubuque, Iowa ' Dear Mr. Schiltz: This is to advise that Dallas Bush has assigned to Dubuque Bank and Trust Company his entire equity in City of Dubuque contract far ', $2,975.00 dated April 10th, 1956 for the demolition and removal of certain buildings for the City of Dubuque. Kindly protect our interest in this assignment by making checks in settlement or partial settlement payable to Dubuque Bank and Trust Company and Dallas Bush. Yours very truly, G. W. CORI{EN, Vice President Dubuque Bank and Trust Company Dubuque, Iowa Gentlemen: Receipt is hereby acknowledged of the above notice and a copy of the above mentioned instructions of assignment. L, J, SCHIhTZ, City Manager ASSIGNMENT To Dubuque Bank and Trust Co., Dubuque, Iowa Whereas, the undersigned has been the successful bidder and has been awarded the improvement contract to demolish and remove certain buildings, by the City of Dubuque, Iowa, far a contract price of $2,975.00. Said improvement contract is dated April 10, 1956, and was filed in the office of Dubuque City Clerk on April 11, 1956. Whereas, the Dubuque Bank and Trust Company has made a comp mitmenC to the undersigned to ad- vance alum of money not to ex- ceed $2,000.00 at 6% interest, to be used to help carry on the above mentioned contract, said money to be advanced as needed and to be due when the undersigned receives payment from the City of Du- buque. Now, Therefore, for value re- ceived and for the purpose of se- curing payment at maturity of the principal and interest of said in- debtedness, and of any extension or renewal of the same, and to se- cure as well all other indebtedness, now or hereafter owing from the undersigned to said bank, the un~ dersigned hereby sets aside, as- signs, and transfers to said bank a certain contract with the City of Dubuque, Iowa for $2,975.00 for demolition and removal of buildr ings listed therein, together with the right to sue for; collect, re- ceive and receipt for the sum rep- resented by said contract, and to apply the proceeds thereof upon said indebtedness, which contract is hereby warranted to be valid, Special Session, April 16,1956 173 subsisting and collectible, contract is attached hereto and made a part hereof. Dated at Dubuque, Iowa, the 13th day of April, 1956. Dallas Bush. Councilman Kolb moved that the assignment be made a matter of record; Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen I', Dove, Kintzinger, Kolb, Schueller, Nays=None. Communication of C. E, Kleis Co, stating that they were in- formed that the City is making a survey of possible locations for parking space and that their prop- erty located on the northwest cor- ner of Ninth & White streets is now for sale and could be pur- chased for $30,000.00 subject to prior sale, presented and read. Councilman Kolb moved that the communication be received and filed, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas~Mayor WeIu, Councilmen Dove, Kintzinger, Kolb, ,Schueller. Nays-None. Communication of James A. Saul, d,/b/a Saul Bros, requesting cancellation of his sidewalk con- struction bond executed by the Standard Accident Insurance Co,, as he has discontinued business, presented and read. Councilman Schueller moved that the request be granted. Seconded by Council- man Kolb. Carried by the fallowing vote: Yeas-Mayor We1u, Councilmen Dove, Kintzinger, Kalb, Sclueller. Nays-None, Communication of Peter Wei- merskirch et ux requesting with- drawal of their names on a peti- tion signed 5y them relative to the extension of an alley between Wood and Adair streets, presented and read. Councilman Kolb moved that the communication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Communication of Frank Mc- Guire requesting deletion of his name from a petition signed by him relative to the extension of an alley between Wood and Adair streets, presented and read. Coun- cilman Kolb moved that the com- munication be received and filed. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. April 13, 1950 To the Honorable Mayor and City Council, Gentlemen: The petition of Loren Fleege and others requesting parking on one side of North Algona Street be- tween University and Loras was referred to the City Manager and Police Department for investiga- tion and report. When vehicles are parked on both sides of Algona Street there is room for but one lane of traf- fic especially at the curve in the street within this block. The peti- tioners represent 100% of the property owners in this area. It is recommended that Schedule VI or Ordinance 33.49 be amended by adding: "On the West side of Algona Street from University Avenue to Loras Boulevard. Respectfully submitted, L. J. SCHILTZ, City Manager LJSao Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and the communication referred to the City Solicitor to have proper pro- ceedings drawn. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None, " April 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: There are two street intersections that have been investigated by the Police Department due to a num- ber of accidents occurring and poor visibility. 174 Special Session, April 18,1956 One of these intersections is at Kniest Street and Lincoln Avenue. This intersection has an accident record because of the narrow street and because of vision ob• struction from near by buildings. Another bad intersection is bhat at Clarke Drive and Madison Street. Many vehicles use nonth Main and Clarke Drive to avoid travelling through the downtown business district. It is practically impossible for vehicles travelling northwest on Madison Street to see vehicles travelling west on Clarke Drive due to residences and the high terrace to the east, It is therefore recommended that Schedule III of Ordinance 33-49 be amended by adding; (Lincoln Ave- nue at Kniest Street) and (Madi- son Street at Clarke Drive). These amendments should stop north and south bound traffic on Kniest Street before entering Lin coin Avenue and would stop west bound vehicles on Clarke Drive be- fore they enter Madison Street. Respectfully submitted, L, J. SCHILTZ, City Manager LJSao Councilman I{intzinger moved that the recommendation of City Manager Schiltz be approved and the communication referred to the City Solicitor to have proper pro- ceedings drawn. Seconded by Coun- cilman Dove, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. April 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; The week of April 29th to May 5th has been designated as "Clean- up Week" and in order to dog our part in this program we have been cooperating with the merchants and various committees to impress upon people the advantage of hav- ing aclean city, Many cities have placed recep- tacles on some of the streets in order that people may put pieces of paper in these receptacles ra• ther than throw them in the street. I recommend that the City pur- chase twelve of these containers which will be mounted an posts and strategically placed in the down town area. If these recepta- cles are used to a good advantage the number can be increased. Respectfully submitted, L. J. SCHILTZ, City Manager LJS;Io Councilman Schueller moved that the recommendation of City Manager Schiltz be approved, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, April 11, 1956 Mr, L, J. Schiltz, City Manager, Dubuque, Iowa Dear Mr, Schiltz; The petition of the Medical As- sociates Realty Company for per- mission to erect a small marquee or canopy over the rear entrance of their building at 1200 Main Street has been examined and in- vestigated, This canopy will extend into the public alley four feet, be eight feet long and approximately twelve foot over the alley, (This twelve foot heighth should be thir- teen feet to clear the larger trucks,) We can see no harm in this re- quest and it will be of benefit to the people who use this entrance, therefor, we recommend the re- quest be granted provided the own- ers drain the water off the room of the canopy through proper conduc- tion pipes and protect the City with proper insurance protection. Respectfully submitted, Donald J. Bandy Thos, C. Hickson April 14, 1956 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of the Medical Asso- ciates Realty Company requesting permission to erect and maintain a marquee above the alley entrance to their building at 1200 Main Street was referred to the City Manager. Special Session, April' 16,1958 175 I have had this petition investi- gated by the Building Commission- er and Fire Chief and find that the canopy will extend into the public alley four feet, will be eight feet long, and 12 feet above the alley. It is recommended that this re- quest be granted provided that the owner drains water off the roof of the canopy through proper con- duction pipes and protects the city with proper insurance protection, also that the heighth of the canopy be increased to thirteen feet to provide clearance for large trucks. Respectfully submitted, L. J.. SCHILTZ, City Manager LJSao Councilman Kolb moved that the recommendation of City Manager Schiltz be approved and the com- munication be referred to the City Solicitor to have proper proceed- ings prepared. Seconded by Coun- cilman Dove, Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. April 9, 1956.. This request was denied by the Council after our recommendation far denial because of fire fighting and possible rescue of occupants which could be hampered by such a~n installation. The request of the Interstate Power Company is similar to Ede wards, the building is on the cor- ner. Anew fire escape has just been installed on the Tenth Street side and a connection has also been made to the new building on Iowa Street. This building is used for office purposes, there are no apartments and the building is ac- cessible by ladders on the 10th Street side. In view of the above and from a building and fire fighting stand- point, we can see no harm in the installation and recommend the request be granted. We are not considering this or future installations as to whether it is a goad thing to have these extensions over ;public property as we betieve this is a matter of poli- cy to be determined by the City Council. Respectfully submitted, Donald J. Bandy Thos. C. Hickson Mr, L. J. Schiltz, City Manager, Dubuque, Iowa Dear Mr. Schiltz, In regard to the petition of the Interstate Power Company for per- mission to construct and erect a canopy attached to the building at 1000 Main Street and suspended over public property, we wish to submit the fallowing for your con- sideration: We have had two previous re- quests far this type of installation where they proposed to extend the canopy over the whole frontage on the Main Street. The first at Ed- wards at 7th and Main, this is a corner lot, the building is used for business purposes and no apart- ments are in the upper floors. This request was granted by the Coun- cil following our recommendation, The second request was from the Turnquist Company on Central Avenue. This building is in the middle of the block, access is only from the front and rear and there is an apartment on the upper floor. April 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of the Interstate Power Company requesting permis- sianfor the construction of a cano- py for the front of their office building at 10th and Main Streets was referred to the City Manager for investigation and report. I am attaching a report of the Building Commissioner and Fire Chief stating the circumstances surrounding approval of this type of installation at one location and the denial at another location, The Interstate Power Company building is located on a corner and connected to another building, There has been a new fire escape installed on the 10th Street side, This building is used for office purposes only and is accessible to the Fire Department from the 10th Street side. From the building and fire fight- ing standpoint, the installation would meet with approval, 176 Special Session, April 16,1956 A policy determination should be made as to whether it is good to have these extensions over pub- lic property and I recommend that a study be made of ordinances. in other cities as to the feasibility of granting or denying this type. of application in the future. Respectfully submitted, L. J. SCHILTZ, City Manager LJS;Ia Councilman Dove moved that the recommendation of City Manager Schiltz be approved and the com• munication be referred to the City Solicitor to have proper proceed- ings drawn. Seconded by Council- man,Kolb. Carried by the follow- ing vote, Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. April 16, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policy and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: SIDEWALK Ben J. Kolfenbach, Western Sure• ty Company Cyril Hanten, Western Surety Com- pany Leo J. Schmitt, Western Surety Company Robert Shireman, Merchants Mu• tual Bonding Co. HEATING Ray H. Rafoth d/b/a, Ray Rafoth Heating & Sheet Metal, The Wol- verine Ins. Co. 03LASTING Kenneth W. Gaber d/b/a Gaber Construction Co., Policy Na. OLT 256079, Bituminous Casualty Corp. P~espectfully submitted, L. J. SCHILTZ, City Manager LJS/J Councilman Kolb moved that the bands and policies be approved subject to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. April 16; 1956 To. the Honorablo Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Wa- ter Works for the month of March as well as list of claims and list of payrolls for which warrants were issued for the month of March. Respectfully submitted, L, J. SCHH,TZ, City Manager LJSao Councilman Kalb maned that the reports be received and filed. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Notice of claim of Mrs. Waldo N. Pitz, 850 Davis Avenue, in an unnamed amount, for injuries sus- tained in a fall on March 19, 1956 on step in front of the County Court House an Central avenue, presented and read. Councilman Kolb moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. Communication of Mrs. Clarence Feipel, 133 St. Marys street, sub- mitting an amount of claim of $8II2.35, previously omitted on a notice of claim filed with the City for personal injuries received in a fall on Emmett street, presented and road. Councilman Kolb moved that the communication be re- ferred to the City Solicitor. Sec- onded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Special Session, April 16;1956 177 April 6th, 1956 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Mrs. Clarence Feipel, 133 St. Mary's Street, for injuries sus- tained January 4th, 1956 and find the same is barred by the Statute of Limitations, and that there is no evidence of negligence on the part of the City. I therefore rec- ommend that the claim be denied. Respectfully, T. H. NELSON April 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: A verbal request was made at the City Council meeting of April 3rd requesting the installation of a street light on West 8bh Street between Air Hill and Wilson Ave- nue. An investigation of lighting con- ditions on West 8th Street in this vicinity indicated that there is not sufficient light with present traf- fic nnnrii4inne cc to Mrs. Feipel Petition of Mr, and Mrs. Richard Hirsch, requesting the extension of sewer to their property located at 1010 Davis avenue, presented and read. Councilman Kolb moved that the petition be referred to the City Manager for investigation and report. Seconded by Council- man Dove. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Frank Lange et ux, owners of Lots 8, 9, 10, 11, 12, 13 and 14 of Woodlawn Park Addition requesting the vacation of Decorah street and further requesting that that part of Decorah street abut- ting their property be sold to them by the City at a fair purchase price, presented and read. Councilman Kolb moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Alvin J. Mesch et al requesting a street light to be placed in an area approximately half-way between Air Hill and Wilson Avenue, presented and read. Councilman K i n t z i n g e r moved that the petition be re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman Dove. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. r tneretor recommena tnat a street light be installed on Polo No. 207-700 D which is approxi- mately half way between Air Hill and Wilson Avenue, Respectfully submitted, L. J. SCHILTZ, City Manager LJS:Ia Councilman Kintzinger moved that the recotmendation of City Manager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Sohueller. Nays-None. Petition of J. J. Ludescher, re- gttesting the Council to view the curb and gutter at his residence at 2090 Avoca street, presented and read. Councilman Kolb moved that the petition be referred to the City Council to view the curb and gut- ter as requested. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor' Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. Petition of Roland A. White et al, a group of business occupants of the 1100 black on Iowa street and vicinity, requesting the Coun- cil to reconsider the proposed boundaries of the City Marke€ area, suggesting that the east side of the 1100 black on Iowa street should be retained in the City Market area, presented and read. Councilman Dove moved that the petition be received and filed, Sec- onded by Mayor Welu, Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. T 178 Special Session, April 16, 1956 ORDINANCE NO. 13.56 RESOLUTION N0. 97.56 An Ordinance amending Ordi• nonce No. 23.52 by repealing Sec- tion 1 thereof and enacting a sub• stitute therefor relative to the Central Market area, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Councilman Kolb moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor VVelu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCH N0. 13.56 An Ordinance Amending Ordinance No. 23-62 by Repealing Section 1 thereof and Enacting a Substitute therefor, Be It Ordained by the City Council of the City of Dubuque: Section 1. That Section 1 of Or- dinance No. 23-52 be and the same is hereby repealed and the following enacted in lieu thereof: "Section 1, That part of the prop- erty of the City adjacent to the City Hall, together with such part of both sides of Iowa Street between Twelfth Street and Thirteenth Street and both sides of Thirteenth Street be- tween Central Avenue and the alley First west of Iowa Street, as may be necessary shall constitute and be I:nownas the Central Market." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introduced the 16th day of April, 1956. Rule requiring reading on three sep- arate days suspended by, unanimous vote the 16th day of April, 19b6. Passed, adopted and approved this 16th day of April, 1956. CLAR)NCE P. WF]LU, Mayor RAY F. KOLB LEO N. SOHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE, Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in the Tele- graph-Herald newspaper' this 19th day of April 19b6. LF.O F. FROMMELT, lt. 4/19 City Clerk Councilman Kolb moved the adoption of the Ordinance. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Resolution Requiring Abutting Property Owners to Mace Sewer,. Water and Gas Connections. Whereas, the City Council has heretofore adopted Resolution No. 52.56, being the Resolution of Ne- cessity far permanently improving City of Dubuque 1956 Bituminous Concrete Surfacing Project No, 1. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa:. Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water, and gas mains to the curb line of said property prior to May 12, 1956; Section 2. That the City Clerle is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No, 128; ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 16th day o£ April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER CIIARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kalb, ,Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Special Session, April 16, 1956 179 RESOLUTION N0. 98.5b RESOLUTION N0. 99.56 Resolution Requiring Abutting Prolerty Owners to Make Sewer, Water and Gas Connections, Whereas, the City Council has heretofore adopted Resolution No. 48-56, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1956 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Project No, 1, Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa; Section 1, That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water, and gas mains to the curb line of said property prior to May 12, 1956; Section 2, That the City Clerk is hereby authorized and directed to service a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to inake such connection within the time set out in this Resolution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into. far that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 16th day of April, 1956, CLARENCE P. WELU Mayor RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest; LEO F, FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None, Resolution restricting the au- thority of the City Manager to is- sue permits for excavation in; Apple Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. Asbury Street from the West Property .Line of Carter Road to the West Corporation Limits. Cox Street from the North Prop• erty Line of Chestnut Street to the South Property Line of Kirk• wood Street. Green Street from the East Prop• erty Line of Ungs Street to the the West Property Line of Avoca Street, Hoyt Street from the North Prop- erty Line of Ungs Street to the North end of Hayt Street. Pear Street from the South Prop• erty Line of Cleveland Avenue to the North Property Line of Rush Street, Prescott Street from the North East Property Line of Ascension Street to the North East Property Line of .Hamilton Street. Quince Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. St. Mary's Street from the South Property Line of West 3rd Street to the North Property Line of Em- mett Street. Ungs Street from the West Prop• erty Line of Clarke Drive to the East Property Line of Avoca Street. West 8th Street from the East Property Line of Wilson Avenue to the East Property Line of Air Hill Street. Woodworth Street from the North Property Line of Lowell Street to the South Property Line of Montcrest Street, The Alley from 9th Street to 11th Street between Main St, and Iowa St, The Alley from 2nd Street to 8th Street between Main St, and Iowa St. Clarke Drive from bhe East Prop- erty Line of St, Ambrose to the Southeast Property Line of West Locust Street. T 180 Special Session, April 16, 1956 Delhi Street from the South Property Line of University Ave- nue to the West Property Line of Lot 9 of Bathes Subdivision. West First Street from the East Property Line of South Locust Street to the West Property Line of Iowa Street, West Fifth Street from the East Property Line of South Locust Street to the West Property Line of Main Street. West Locust Street from the North Property Line of West 17th Street to the East Property Line of Hodgen Street. Whereas, the above named streets in the City of Dubuque will be paved with bituminous concrete ai asphaltic concrete surfacing Hot Mixed-Hot Laid; and Whereas, it is not in the best interest of the city that such pav- ing be disturbed for a period of at least ten years; and Whereas, under Ordinance No. 45-51 adopted September 25, 1951, the City Manager is authorized to issue excavation permits for mak- ing excavations in the city streets. Now, therefore, be it resolved by the City Council of the City of Du- buque; That the City Manager is here- . by directed not to issue any such excavation permits for the pur- pose of malting excavations in the foregoing described streets for a period of ten years from the date of completion of construction of each named street unless in case of emergency ar specifically so authorized by the City Council. Passed, adopted, and approved this 16th day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KllVTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved the ' adoption of the resolution, Second- '.. ed by Councilman Schueller, Car- vied by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. RESOLUTION NO. 100.56 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to. sell cigarettes and cigarette papers within said City, Frederick J. IIerber, Eagle Point Park Be It Further Resolved that the band filed with the application be approved, Passed, adopted and approved this 16th day of April, 1956. CLARENCE P. WELD Mayor RAY F, KOLB LEO N. SCHUELLER CHARLES A. KIlVTZIlVGER CHARLES E, DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kalb moved the adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0. 101.56 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following applications be granted and licenses are to be is- sued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Merlyn L, Weber, 1902 Central Avenue Dorance E, Cox, 2613 University Avenue Joseph Frommelt, 1555 Central Avenue Herbert Bisping, 1401 Elm Street Robert J, Bowen, 1105 University Avenue Bernard N. Arensdorf and Carl N. Brant, 2600 Central Avenue _, F Special Session, April 16, 1956 181 CLASS "C" PERMIT James Waul, 2850 Burlington Street George W. ~'Voodhouse, 2930 Cam tral Avenue Passed, adapted and approved this 16th day of April, 1956. CLARENCE P, WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE 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 Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0. 102.56 Whereas, heretofore applications far Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Merlyn L, Weber, 1902 Central Avenue Dorance E, Cox, 2613 University Avenue Joseph Frommelt, 1555 Central Avenue Herbert Bisping, 1401 Elm Street Robert J. Bowen, 1105 University Avenue Bernard N. Arensdorf and Carl N. Brant, 2600 Central Avenue CLASS "C" PERMIT James Waul, 2850 Burlington Street George W, Woodhouse, 2930 Cen- tral Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 16th day of April, 1956. CLARENCE P, WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE 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 Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0. 14.56 An Ordinance amending Ordi- nance No, 7.47 by adding a new Section 7.3.15 thereto, placing the herein described area in Forking Meter District "C", presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council man Schueller, Caimied by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0. 14.55 An Ordinance Amending Ordinance No, 7-~47 by adding a new Section 7.3.1b thereto, placing the herein described area in Parking Meter District "C". Be It Ordained by the City Council of the City oP Dubuque, Iowa: Section 1. That Ordinance No: 7-47 be and the same is hereby amended by adding a new Section 7.3.15 there- to as follows: "7.3-Parking Meter District "C". 7.3.15-The north side of Dodge Street from Bluff Street to a point 8D0 feet westerly of Bluff Street." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by law provided, Introduced the 1Dth day of April, 1956. Rule requiring reading on three sep- arate days suspended by unanimous vote the 16th day of April, 1956, T 182 Special Sessior Passed, adopted and approved this 16th day of April 195G. CLARF.NCE P. WELU, Mayor RAY F. I{OLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E, DOVE, Councilmen Attest: I,eo F. Frommelt, City Clerk. Published officially in the Tele- graph-Herald newspaper this 19th day of April 1956. LEO F. FROMMELT, lt. 4/19 City Clerk Councilman Kolb moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. ORDINANCE N0. 1556 An Ordinance Amending Ordi- nance No. 33-49 by Repealing Sec- tions Dand F of Schedule HI thereof and enacting Substitutes therefor; and by adding new Sec- tions 71 and 72 to Schedule VI thereof, presented and read. Coun- cilman Kolb moved that the read- ing just had be considered the first reading of the Ordinance. Sec- onded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Council- man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller, Nays-None, ORDINANCE NO. t5.56 An Ordinance Amending Ordinance No, 33-49 by Repealing Sections D and F of Schedule HI thereof and Enacting Substitutes therefor; and.. by adding' new Sections 71 and 72 to Schedule VI thereof. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Sections D and F of Schedule III of Ordinance No. 33.49 be and the same are hereby repealed and tho following enacted in lieu thereof: "SCHEDULE III ~~:~ D--North-bound vehicles must stop before entering the intersection of: Second and Iowa Streets; Fremont Avenue and Wartburg Plaec; F-South-bound vehicles must stop before entering the intersection of: East 21st and White Streets; Fremont Avenue and Simpson Street;" Section 2. That Schedule VI of Ordinance No. 33-49 be and the same is hereby amended by adding new Sections 71 and 72 thereto as follows: ~, April 16, 1956 SCHEDULE VI ~ ~ ~ 71. The south side of West 16th Street from Montrose Street to Cath- erine Street; 72. The west side of Catherine Street from West 10th Street to West 17th Street." Section 3. This Ordinance shalt be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introduced the 16th day of April, 1956. Rule requiring reading on three sep- arate days suspended by unanimous vote the 16th day of April, 1956, Passed, adopted and approved this t6th day of April 1956. CLARENCE P, WELU, Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest; Leo F, Frommelt, city clerk Published officially in the Tele- graph-Herald newspaper this 19th day of April 1956, LEO F, FRONrnzELT, 1t. 4/19 City Clerk Councilman Kolb moved the adoption of the Ordinance. Second- . ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of John C. Duffy re- questing permission to construct a concrete loading dock in the alley on the north Glover Building at 5th and Iowa streets, presented and read, Councilman Schueller moved that the petition be referred to the City Manager and Building Commissioner for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of Hillcrest Builders Inc. requesting approval of loca- tion of curb and concrete walk as laid out on the attached plat for the proposed Local Business Dis- trict to be constructed on Asbury Road westerly cf Carter Road ii. connection with Hillcrest Subdivi- sion, presented and read, Council- man Schueller moved that the pe- tition be granted. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Special Session, April 16,195G PARKING LOT COSTS Site No. 1-Fifth & Bluff Street (155 spaces) HY Cooper property-135 x 216 .......................................... ,, Reed property-57.2 x 176 .............................................. Improvement ........................................................................ Parking Meters ..... ........... ........,,.............. 183 $75,000.00 20,000.00 3o,oao.oa 9,300.00 $134,300;00 Site No. 2-6th and Iowa Street (60 spaces) Rhomberg-155 x 100 ....................................... ............... $32,500.00 Bird Chevrolet (included in above) ...:......... ............... 25,000.00 Impravement ........................................................ ............... 10,500.00 Parking Meters .........................................:........... ............... 3,600.00 $71,600.00 Sito No, 3-4th and Iowa Street (20 spaces) Nagle-68 x 113 ..................................................... ............... $20,000.00 Improvement ......................................................... ............... 10,000.00 Parking Meters ................................................... ................ 1,200.00 $31,200.00 Site No. 4-9th-10th Central (75 spaces) Leonard O'Meara-51 x 100 .......................... ............,.. $55,000.00 Kathryn Koester-26.5 x 100 ............:............. ................ 15,000.00 Helen Kehoe-26.5 x 100 ................................. ............... 15,500.00 Jack Griffis-26,5 x 100 .................................... ................ 9,500.00 Tresa Brummer-26.5 x 100 .......................... ................ 10,300.00 Harold S. Wagner-51 x 100 .......................... ................ 20,000.00 Improvements ...................................................... ................ 30,000.00 Parking Meters .................................................... ................ 4,500.00 $159,300.00 Site No, 5-Ninth Street (60 spaces) Improvement .........:................................................ ............:... $50,000.00 Parking Meters ................................................... ................ 3,600.00 $53,600.00 GRAND TOTAL .................................................................... ................$450,000.00 April i6, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; Negotiations. have been carried on for sometime to acquire prop- erty to be used for off street park- ing lots• Options have been ob- tained for some of the properties with these options to be accepted August 15, 1956, The acquisition of all of the property needed to provide the recommended number of off street parking spaces will depend upon what action is taken after a public hearing, This public hearing is a necessary part of the procedure in acquiring parking lot property, It is also urgent that action be taken on the issuance of revenue bonds to pay for the purchase of property and the necessary im- provements: The parking lot sites located an the attached, map are those that will furnish the off street parking spaces at the approximate loca- tion recommended by the Associat- ed Consultants who conducted our parking and traffic survey. All of these alternate locations have the approval of our consultants. A decision by the City Council should be made approving the sites, if they so desire and direct- ing the City Manager to obtain options nn the property. The-City Solicitor should be directed to prepare the proper proceedings For the bond issue. The estimated cost to acquire the property, demolish the buildings, surface the parking area and in- stall meters and lights will amount to $450,000.00. This includes the sites at 5th and Bluff Streets, 192'x 216', 6th and Iowa Streets, 100' x 155', 4th and Iowa Streets, 68' x T 184 Special Session, AprIl 16,1956 113', Central Avenue from 10th Street south 204' across the alley from our present parking lot, and the surfacing for off street park ing along Robinson Avenue. The property at 5th and Bluff Streets, 4th and Iowa Street, and Robinson Avenue have either been acquired or are under option, The other property has .not been ac- quired but the cost of acquisition is figured in the total estimate. I recommend that some decision be taken by the Council concern- ing the acquisition of all of the property and that proper proceed- ings be instituted for the hearing and band issue. Respectfully submitted, L. J. SCHILTZ, City Manager LJSaa Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved and that the sites be acquired and that a hearing be held on Monday eve- ning, May 7, 1956 in the Council Chambers at the City Hall at 7,30 o'clock P.M, and the City Solicitor be instructed to prepare proper proceedings, Seconded by Council- man Dove, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Mayor Welu moved that the rules be suspended in ard'er to let anyone present address the Council if they so desire. Seconded by Councilman Schueller, Car1•ied by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Mr. Cletus Cox of the Cox Realty Co, addressed the Couneii stating that he has consulted with Mr, & Mrs, Francis X. Gruber, who were still present in the Council Cham- ber, relative to their objection of improving Sullivan street with concrete curb and gutter, and asked that the objection to the proposed improvement of Mrs. Francis X. Gruber, voiced earlier in the meeting, be stricken from the record. Mrs, Francis X. Gruber addressed the Council stating that she would withdraw her objections to the proposed concrete curb and gutter improvement of Sullivan Street. Due to the fact that all objec- tions and suggested imposed con- ditions, formerly made, were with- drawn Mayor Welu moved to re- consider all motions made on the resolutions affecting the improve- ment of Sullivan Street, Second- ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Mayor Welu moved to reconsid- er the motion of deleting Sullivah street from the north property line of English Lane to the south property line of Levi street, as formerly adopted in Resolution No, 94.56, a resolution amending Reso- lution of Necessity No, 64-56, and that the deletion of Sullivan street be retracted from the original mo- tion, and that only the deletion of Meadow Lane remain, in order to include the improvement of Sulli- van street, with concrete curb and gutter, as originally planned in the "City of Dubuque 1956 Con- crete Curb and Gutter Project No. 1". Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kalb, Schueller. Nays-None, Mayor Welu moved to reconsider the motion as passed on Resolution No. 95.56, being a resolution of De- cision of Council upon objections to plans, specifications, form of contract and cost of improvements; showiug the deletion of Sullivan street from the north property line of English Lane to the south. property line of Levi Street, be re- tracted from the original motion, and that only the deletion of Mead- ow Lane remain, in order to in- clude the improvement of Sullivan street, with concrete curb and gut- ter, as originally planned in the. "City of Dubuque 1956 Concrete Curb and Gutter Project No, 1." Seconded by Councilman Kalb,. Carried by the following vote: Yeas-Mayor Welu, Councilmen. Dove, Kintzinger, Kolb, Schueller. .Nays-None. Councilman Schueller moved to reconsider the motion of Final Adoption of Resolution No, 64.56, being the Resolution of Necessity Special Session, April 16,1956 for public improvement, showing the deletion of Sullivan street from the north property line of English Lane to the South Prop- erty Line of Levi Street, be re- tracted from the intent of the orig- inal motion, and that only the dele- tion of Meadow Lane remain, in order to include the improvement of Sullivan street, with concrete curb and gutter, as originally planned in the "City of Dubuque 1956 Concrete Curb and Gutter Project No, 1:' Seconded by May- or Welu, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Mayor Welu moved to reconsid- er the motion on Resolution No, 96.56, being a resolution ordering construction, showing the deletion of Sullivan street from the north property line of English Lane to the South Property Line of Levi street, be retracted from the in- tent of the original motion, and that only deletion of Meadow Lane remain, in order to include the improvement of Sullivan street, with concrete curb and gutter, as originally planned in the "City of Dubuque 1956 Concrete Curb. and Gutter Project No, 1:' Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. LEO F, FROMMELT City Clerk 185 Approved ..................................:1956. Adopted ......................................1956. Councilmen : .................................... Attest : .................................................... City Clerk 186 Special Session, April 23, 1956 (OFFICIAL) Special Session, April 23, 1956, Council met at 7,30 P.M. Present-Mayor Welu, Council- men Dave, Kintzinger, Kolb, Schueller. City Manager Schiltz. Meeting called by order of May- or Welu, Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing on bids received for the construction of "City of Dubuque 1956 Bitumi- nous Concrete Surfacing Project No. 1" and "City of Dubuque 1956 Hot Mix-Hat Laid Asphaltic Con- crete Surfacing Project No, 1" and also acting on any other business that may properly come before a regular meeting of the City Coun- cil. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of proposals for the construction of "City of Dubuque 1956 Bituminous Concrete Surfacing Project Na. 1" by surfacing the following portions of the following streets, to•wit: Apple street from the West Property Line of Cleveland avenue to the north property line of Rush street. Asbury street from the west property line of Carter Road to the West Corporation Limits, Cox street from the north prop- erty line of Chestnut street to- the south, property line of Kirkwood street. Green street From the east prop- erty line of Bunker Hill street to the west property line of Avoca street, Hoyt street from the north prop- erty line of Ungs street to the north end of Hoyt street, Pear street from the south prop- erty line of Cleveland avenue to the north property line of Rush street. Prescott street from the north east property line of Ascension street to the northeast property line of Hamilton street. Quince street from the south property line of Cleveland avenue to the north property line of Rush street, St. Mary's street from the south property line of West 3rd street to the north property line of Em- mett street. Ungs street from the west prop- erty line of Clarke Drive to the east property lino of Avoca street, West 8th street from the east property line of Wilson avenue-to the east property line of Air Hill street. Woodworth street from the north property line of Lowell street to the south property line of Montcrest, ,presented and read. Councilman Kolb moved that the Proof of Publication be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller.: Nays-None. April 23, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received up to 10;00 A,M, on April 23, 1956, far the City of Dubuque 1956 Bitumi- nous Concrete Surfacing Project. No. 1, Attached is the tabulations of the bids received. I recommend that the contract be awarded to Mulgrew Blacktop Incorporated of Dubuque, Iowa, who submitted the lowest bid re- ceivedwhich was 17,33% below the engineer's estimate, Respectfully submitted, L, J. SCHILTZ, City Manager LJS;Ia Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Ycas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, (Awarding Contract) RESOLUTION N0. 103.56 Whereas, sealed proposals have been submitted by contractors for the City of Dubuque 1966 Bitumi- nous Concrete Surfacing Project No. 1 for improvements on the following portions of the following Special Session, April 23, 1956 187 streets by installing a Bituminous Concrete Surface course thereon, to-wit; 1. Apple Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. 2. Asbury Street from the West Property Line of Carter Road to the West Corporation Limits. 3. Cox Street from the North Property Line of Chestnut Street to the South Property Line of Kirkwood Street, 4. Green Street from the East Property Line of Bunker Hill Street to the West Property Line of Avoca Street, 5, Hoyt Street from the North Property Line of Ungs Street to the north end of Hoyt Street, 6. Pear Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street, 7. Prescott Street from the North East Property Line of Ascension Street to the Northeast Property Line of Hamilton, 8. Quince Street from the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. 9. St, Mary Street from the South Property Line of West 3rd tai the North Property Line of Emmett Street, 10. Ungs Street from the West Property Line of Clarke Drive to the East Property Line of Avoca Street. 11. West 8th Street from the East Property Line of Wilson Ave- nue to the East Property Line of Air Hill Street, 12, Woodworth Street from the North Property Line of Lowell Street to the South Property Linc of Montcrest, pursuant to Resolu- tion No. 82-56 and notice to bidders published in a newspaper pub- lished in said City on Apri15, 1956 and April 12, 1956; and Whereas, said sealed proposals were opened and read on April 23, 1956, and it has been deter- mined that the bid of Mulgrew Blacktop Incorporated of Dubuque, Iowa in the amount of $67,150,21 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Mul- grew Blacktop Incorporated and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up- on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 23rd day of April, 1956, CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER. CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution Seconds ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the Receipt of proposals for the construction of "City of Dubuque 1956 Hot Mix-Hot. Laid Asphalt Concrete surfacing proj- ect No. 1" by surfacing with Hot- Mix Hot Laid Asphaltic Concrete on the following portions of the following named streets, to~wit: The alley from 9th street to 11th street between Main street and Iowa street, The alley from 2nd street to 8th street between Main street and Iowa street. Clarke Drive from the east prop- erty line of St. Ambrose to the southeast property line of West Locust street, Delhi street from the south prop- erty line of University avenue to the West property line of Lot 9 of Rechos Subdivision. 188 Special Session, April 23,1956 West First street from the east property line of Locust street to the west property line of Iowa street. West Fifth street from the east property line of Locust street to the west property line of Main street. West Locust street from the north property line of West 17th street to the east property line of Hodgen street, 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 Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. April 23, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received up to 10;00 A. M, on April 23, 1956, for the City of Dubuque 1956 Asphal- tic Concrete Surfacing Project No. 1. Attached is the tabulations of the bids received. I recommend that the contract be awarded to Mulgrew Blacktop Incorporated of Dubuque, Iowa, who submitted the lowest bid re- ceived which was 13,78% below the engineer's estimate, Respectfully submitted, L, J, SCHH.TZ, City Manager LJS;Io Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by I Councilman Schueller. Carried by I the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, (Awarding Contract) RESOLUTION N0. 104.56 Whereas, sealed proposals have been submitted by contractors for the City of Dubuque 1956 Hot Mix• Hot Laid Asphaltic Concrete Sur- facing Project No, 1 for improve- ments by surfacing on the follow- ing portions of the fallowing named streets with Hot Mix-Hot Laid Asphaltic Concrete to-wit: 1. The alley from 9th street to 11th street between Main and Iowa. Streets. 2. The alley from 2nd street to 8th street between Main and Iowa streets, 3. Clarke Drive from the East Property Line of St. Ambrose to the Southeast Property Line of West Locust Street. 4. Delhi Street from the South Property Line of University Ave- nue to the West Property Line of Lot 9 of Reches Subdivision. 5. West First Street from the East Property Line of Locust Street to the West Property Line of Iowa Street, 6. West Fifth Street from the: East Property Line of Locust Street to the West Property Line of Main Street, 7, West Locust Street from the North Property Line of West 17th Street to the East Property Line' of Hodgen Street, pursuant to Reso• lution No. 79.56 and notice to bid- ders published in a newspaper pub- lished in said City on April 5, 1956 and April 12, 1956; and Whereas, said sealed proposals were opened and read on Apri123, 1956, and it has been determined that the bid of Mulgrew Blacktop. Incorporated of Dubuque, Iowa in the amount of $99,682.78 was the lowest bid for the furnishing of all labor and materials and per- forming the work as prauided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be award'od to Mulgrew Blacktop Incorporated and the Manager be and he is hereby directed to execute acon- tract on behalf of the City of Du- buque for the complete perform- ance of stid work. Be It Further Resolved, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is au- thorized and instructed to return the bid deposits of the unsuccess- ful bidders. Special Session, April 23, 1956 189 Passed and adopted this 23rd day of Apri1,1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE 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 Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. April 20, 1956 To the Honorable Mayor and Gity Council, Dubuque, Iowa Gentlemen; The petition of J. J. Ludescher, 2090 Avoca Street, requesting the City Council to view the curb and gutter on Avoca Street was re- ferred to the City Council to view the grounds. Upon viewing the grounds it was the decision of the Council that the curb and gutter on Avoca Street was constructed properly and in order far Mr. Ludescher's driveway to meet the street gradie, it would be necessary for him to; reconstruct a portion of his driveway. I recommend that the decision of the City Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager LJSao Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, April 21, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen, Tho petition of William T. Vath and others requesting the estab- lishment of a walkway on the north side of Dodge between Cherokee Drive and Devon Drive was re- ferred to the City Council to view the grounds. Upon viewing the grounds it was the decision of the City Council that if permission would be grant- ed the City by the Highway Com- mission, we would construct a crushed stone walkway and seal it with asphalt, but the costs of con- struction of any other place within the right of way would be prohibi- tive and impractical. I recommend that the decision of the Council be confirmed, Respectfully submitted, L. J. SCHILTZ, City Manager LJS;Io Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. April 20, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of R. S. Morey, 890 Kane Street regarding the damage caused to his property as a result of excess water draining from Kane Street was referred to the City Council to view the grounds. Upon viewing the grounds it was the decision of the Council that the lower section of the storm drain be relaid due to the under- '' mining and that the sewer be extended to the back of Mr. Mor- rey's lot or approximately 50 feet, I recommend that the decision of the Council be confirmed, Respectfully submitted, L, J. SCHILTZ, City Manager LJS:Io Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried' by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. April 23, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and 190 Specia-1 Session, April 23,1956 policy and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: SIDEWALK Heitzman Construction Company, The Fidelity & Casualty Com- pany of New York Willy Construction Company, The Fidelity ~ Casualty Company of New York Thomas E. Byrne, American Sure- ty Company of New York Respectfully submitted, L. J. SCHILTZ, City Manager . LJS:Io Councilman Kolb moved that ap- proval for filing be granted subject to the approval of the City Solici- tor, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, April 23, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of the Glover Com- pany by its agent, John C. Duffey, requesting a loading dock in the alley behind the north Glover building has been examined. This building has a make shift dock or chute to the basement at present and nothing by the main alley loading doors making use of the rear loading dock at present impractical, We therefore recommend that permission be given to construct a loading dock fifteen feet long including the steps, four feet high and four feet wide. The petition requests a length of twenty feet but we believe fifteen will suffice, Respectfully submitted, L. J, SCHILTZ, City Manager, DONALD J. BANDY, Building Commissioner Councilman Kolb moved that the recommendations of City Man- ager Schiltz and Building Commis- sioner Bandy be approvedy and that proper proceedings be prepared. Seconded by Councilman Dove. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kalb, Schueller. Nays-None, April 23, 1956 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; There are a number of loading platforms in the alley between Main and Iowa Streets that will interfere with the surfacing of the alley. Many of these are delapidat- ed and in need of rebuilding, I recommend that the Council authorize the City Manager to di- erct the removal of such loading platforms as are necessary to per- form the paving, Also that any re- construction be according to plans approved by the City Manager. Respectfully submitted, L. J, SCHILTZ, City Manager LJS;Io Councilman Schueller moved that the recommendation of City Manager Schiltz be approved and. that authorization be granted, Sec- onded by Councilman Dove, Car- ried by the fallowing vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. April 18, 1956 Hon. Mayor and Members of the City Councils City of Dubuque, Iowa Gentlemen: On investigating the claim of Mrs. Waldo N. Pitz, 850 Davis Ave-' nue, I can find no negligence on the part of the City and recom- mend the claim be denied, Respectfully, T. H. NELSON N:S cc to Mrs. Pitz, Councilman Kintzinger moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0, 16.56 An Ordinance Authorizing Inter- state Power Company to Construct Canopy over the Public Sidewalk, presented and read. Councilman Kolb moved that the reading just had be considered the first read- ing of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote; Special Session, Apt71 23, 1956 191 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Councilman Kolb moved that the rules be suspended requiring an Ordinance to be read on three sepa- rate days. Seconded by Councilman. Schueller. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schuellor. Nays-None. ORDINANCE N0. 16-56 An Ordinance Authorizing Inter- state Power Company to Construct a Canopy over the Public Sidewalk, Be It Ordained by the City Council of the City of Dubuque: Section 1, That Interstate Power' Company be and it is hereby granted the right and authority to construct and maintain a canopy over the public sidewalk abutting the building. ]mown as lOPO Main Street on the Main Street side, in accordance with plans heretofore submitted and ap- proved by the City Council and now on file; Section 2. That such construction shall be done under the supervision and direction of the Building Commis- sioner and City Manager of the City of Dubuque and in accordance with all applicable State and Federal Laws and regulations and the Ordinances of the City of Dubuque; Section 3, That the right to con- struct and maintain said canopy shall be subject to the continuous control of the City Council, reserving the right to said City Council to impose restrictions and conditions on the en- joyment thereof as said City Council may deem necessary for the protec- tion of the public interest, including grant hereby made; the right to revoke or rescind the Section 4. As a further consideration oP the rights and privileges herein granted, Interstate Power Company, its successors and assigns, assume any and all liability for damages to person or property which may result Prom the construction or maintenance of ~° id canopy. Said applicant, its si„ _~ssors and assigne, at its own expense, agrees to pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed on the City of Du- buque for damages of any kind re- sulting in the construction or mainten- ance of said canopy, sustained by any person or persons, caused by accident or otherwise Said applicant shall defend, at its own expense, and nn behalf of said City, any claim against said City aa~ising out of the construction or maintenance of said oanopy• Section 6. Should the rights and privileges herein granted be rescinded or revoked, Interstate Power Com- pany, its successors or assigns shall, within thirty (30) days after receipt of written notice from the City Man- ager so to do, at its own exponse, remove said canopy and in the event of its failure so to do the City of Dubuque shall be authorized to re- move said canopy at applicant's ex- pense, assees the costs thereof against the premises and destroy the canopy, and neither applicant, nor the owners of the premises shall have any claim against said City, or its agents, for damages resulting from the removal of said oanopy. Section 6, This Ordinance shall be- come effective and the rights here- under shall accrue to the Interstate Power Company when this Ordinance has been adopted by the City Council and accepted by the applicant and the owners of the premises by accept- ance endorsed on this Ordinance. Section 7. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by ]aw provided. Introduced the 23rd day of April, 1956. Rule requiring reading on three separate days suspended by unanimous vote the 23rd day of April, 1966. Passed, adopted and approved this 23rd day of April, 1956. CLARENCE P. WELU, Mayor, RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGEft CHARLES E. DOVE Councilmen. Attest: Leo F. Frommelt City Clerlt. Published officially in the Tele- graph-Herald Newspaper this 30th day of April, 1956. LEO F. FROMMELT, City Clerk. It a-3o ACCEPTANCE OF ORDINANCE N0. 15.56 Interstate Pnwer Company, and `ornolia Rider Possart, George R. Burden, George R. Burden and Rich- ard Bernard Wathen, Trustees and J. M. Burch Jr., surviving Trttstee under the will of Sam P. Rider De- ceased the owners of the premises, having full knowledge and under- standing of the terms and conditions of Ordinance No. 16-56, hereby accept the same as adopted and agree to comply with all the terms and con- ditions thereof, and grant unto the City of Dubuque all of the privileges and rights in said Ordinance con- tained. IN'PERSTATE POWL''R COM- PANY, Applicant By-A. J. Dupont, District Manager. Cornelia Rider Possart, George R. Burden, George R. Burden and Rich- ard Bernard Wathen, Trustees, and J. NI. Burch Jr, surviving trustee under the will of Sam P. Rider, de- ceased. Owners By-F. H. Kretschmea•, Agent. lt. 4/30 Councilman Kolb moved the adoption of the ordinance, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller, Nays-None. ORDINANCE N0, 17.56 An Ordinance Granting Medical Associates Realty Company per- mission to erect Marquee, present- ed and read. Councihnan Kolb moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. 192 Special Session, April 23,1956 Councilman Kolb moved that the rules be suspended requiring an Ordinance to be read on three sepa- rate days, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0. 17.56 An Ordinance Granting Medical As- sociatea Realty Company Permission to Erect Marquee. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Medical Associates Realty Company be and it is hereby granted the right and authority to construct a maa•quee over the public alley abutting the east side of the building known as 1200 Main Street, in accordance with the plans now on file with the City Council, subject to the height being increased to thtrteen (13°) as reconmtended by the City Manager; Section 2. That such construction shalt be done under the supervision and direction oP the Building Commis- sioner and City Manager of the City of Dubuque and in accordance with all applicable State and Federal Laws and regulations and the Ordinances o[ the Clty of Dubuque; shall be subject to the continuous Section 3. That the right to con- struct and maintain said marquee control of the City Council, reserving the right to said City Council to iru- pose restrictions and eonditiens on the enjoyment thereof as said City; Council may deem necessary for the protection of the public interest, in- chtding the right to revolve or rescind the e~ant Hereby made; Section 4, As a further considers- tfon of the rights and privi]eges here- in granted, Medical Asaoeiatas Realty Company, its successors and assigns, assume any and all liability for dam- ages to persmt or property which may result from the construction or main- tenauce of said marquee. Said appli- cant, its successors and assigns, at its awn expense, agrees to pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed on the City of Dubuque for damages of any kind resulting in the ronstruction ar main- tananoe of said marquee, sustained by any person or persons, caused by ac- cident or otherwise. Said applicant shall defend, at its own expense, and on behalf of said City, any claim against said .City arising out of the construction or maintenance of said marquee. Section 5. Should the rights and privileges herein granted be rescinded' or revoked, Medical Associates Realty Company, its successors or assigns shall, within thirty (30) days after receipt of written notice front the City Manager so to do, at iGs own ex- pense, remove Said marquee and in the event of its, failure to do so the City of Dubuque shall he authorized to remove said marquee at the appli- cant's expense, assess the costa thereof against the premises and destroy the marquee, and the applicant shall have no claim against said City, or its agents, far damages resulting from the removal of said marquee; Section 6. This Ordinance shall. be- come effective and the, rights here- under s1ta11 accrue to the Medical As- sociated Realty Company when this Ordinance has been adopted by the City Council and accepted by the ap- plicant by acceptance endorsed on this Ordinance. Section 7. This Ordinance shall be in full force and effect from and after its final passage, adoption and p Eatrodu ed sthe 23rd daytdoP April, 1956. Rule requiring reading on three separate days suspended by unani- mous vote the 23rd day of April, 1956, Passed, adopted and approved this 23rd day of April 19b6. CLARENCE P. WELU, Mayor. RAY F. KOLB LEO N. SCHUELLER CHARLES A. I~TNTZINGER CHARLIh'S E. DOVE Councilmen. Attest: Leo. F. FROMMELT City Clerl{. Published officially in The Tele- graph-Herald Newspaper this 1st day of May 1956. LEO F, FROMMELT lt. 5/1 City Clerk. ACCEPTANCE OF ORDINANCE N o. 17.56 Medical Associates Realty Company, having full knowledge and under- standing of the terms and conditions of Ordinance No, 17-56, hereby ac- cepts the same as adopted and agrees to comply with all the terms and tom ditions thereof, and grant unto the City of Dubuque all of the privileges and rights in said Ordinance con- tained. MEDICAI, ASSOCIATES REALTY COMPANY, Applicant, By FRANIZ J. DELANEY Its Recording Secrotary 1t, 5/1 Councilman Kolb moved the adoption of the Ordinance. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, ORDINANCE NO, 18.56 An Ordinance amending Ordi- nance No, 33-49, known as the Traf- fic Code, by repealing Section °B" and "G" of Schedule III thereof and enacting substitutes therefor, and by repealing Section 61 of Sched- ule VI thereof and enacting a Sub- stitute therefor, presented and read. Councilman I{olb moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, I{intzinger, Kolb, Schueller. Nays-None. Councilman Kolb moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Dove. Carried by the follow leg Vate: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Special Session, April 23,1956 193 Ordinance Na. 18.56 An Ordinance .Amending Ordinance No. 33-49, known as the Traffic Code, by Repealing Sections "B" and "C" of Schedule III thereof, and enacting• Substitutes therefor, and by Repeal- ing Section 61 of Schedule VI thereof and enacting a Substitute Therefor. Be Is Ordained by the City Council of the City of Dubuque: Section 1. That Sections "B"' and °C" of Schedule III of Ordinance No. 33-49, known .as the Traffic Code of the City of Dubuque, be and the same are hereby repealed and the follow- ing enacted in lieu thereof: ' Section "B" -Northbound and southbound vehicles must stop before entering the intersection of: Rosedale and Avoca Streets; East 21st and Washington Streets; East 21st and Elm Streets; Lincoln and'Stafford Avenues; East 29th and White Streets; Cherry and Finley Streets; East 17th and Washington Streets; Oreen an8 Finley Streets; East 22nd and White Streets; East 24th and White Streets; Stafford and Merz Streets; Lincoln Avenue and Kniest Street. Section "C"-Westbound vehicles must stop before entering the inter- section of: Bluff and West Third Streets; White and East 21st Streets; Madison Street and Clarice Drive." Section 2. That Section 61 of Sched- nle VI of Ordinance No. 33-49, known as the Traffic Code, be and the same is hereby repealed and the following enatced in lieu thereof: "61-On the west side of Algona Street from Campus Line to Loras Botilevard." Section 3. This 0rd' ante shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 23rd day of April, 1956. Rule requiring reading on three separate days suspended by unani- mous vote the 33rd day of April, 19b6. Passed, adopted and approved this 23rd day of April 1956, CLARENCE P, WELU, Mayor, RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen, Attest: Leo F. Frommelt City Clerly, LEO F. FRONIMELT Published officially in The Tele- graph-Herald Newspaper this 30th day of April, 1956, 1t. 4/30 Clty Clerk. Councilman Kolb moved the adoption of the Ordinance. Second ed by Councilman Dave, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of Dubuque Public Schools requesting the issuance of a restricted plumber's license to Earl Wiegand, superintendent of buildings and grounds and super- visor of maintenance wank for the Dubuque Public School .System, presented and read, Councilman Kintzinger moved that the petition be referred to the City Manager and .Plumbing In- spector for investigation and re- port. Seconded by Councilman Schueller, Carried by the follow- ing voter Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Petition of George Schlegel et al stating that they are not in favor of vacating Decorah street, to ex- tend from Adair street to an un- existing -alley east of Adair street, and that if Decorah street is vacat- ed that it be sold to the highest bidder, presented and read, Coun- cilman Schueller moved that the petition be referred to the Plan- ning & Zoning Commission for in- vestigation and report. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of D. J. Grimes et al re- questing the installation of a street light at the turn-around' on Heeb street, presented and read, Caurn Gilman Kintzinger moved that the petition be referred to tihe City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Davie, Kintzinger, Kalb, Schueller, Nays-None. April 23, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The bid of the Byron Jackson Di- vision of Borg Warner Corporation for furnishing four (4) deep well turbine pumps for $26,640,00 to the city was referred to the City Manager and Water Superintend- ent far recommendation, It is our recommendation that the contract be awarded to the By- ron Jackson Division of Borg War- ner Corporation as it complies with the specifications and the bid price is in line with other installations. Respectfully submitted, L, J. SCHILTZ, City Manager LJSao 194 Special Session, April 23, 1956 Councilman Kolb moved that the recommendation of City Manager Schiltz and Mr. J. J. Hail water superintendent be approved. Sec- onded by Councilman Dove. Car- ried by the following vote; Yeas-Mayor Wetu, Councilmen Dove, Krntzinger, Kalb, Schueller, Nays-None, RESOLUTION NO. 105.56 Whereas, a public hearing was held by the City Council on the 16th day of April, 1956, on pro: posed plans, specifications, form of contract and estimates of cost for the extension and improvement of the municipal water plant by pur- chasing four (4) pumps of the sub- mersible type, each one being cap- able of delivering 2,100 g.p,m, at a total dynamic head of 60 feet, when operating at 1750 r.p,m, at which time and place all interested parties were extended an oppor- tunity to appear and be heard; and Whereas, at said time and place proposals for the furnishing of the above described equipment was re- ceived pursuant to published na tree and the bid of Byron Jackson Div, Borg Warner Corp, of Chica- go, Illinois, in the amount of Twen• ty-six Thousand Six Hundred Forty dollars, No cents, ($26,640.00) for the furnishing of four (4) pumps of the submersible type, each one be ing capable of delivering 2,100 g.p,m, at a total dynamic head of 60 feet, when operating at 1750 r.p,m,, is considered the lowest and best bid; Whereas, the City Council has considered all objections to the proposed plans, specifications, form of contract and estimates of cast and is of the opinon that the same should be overruled and that it is in the public interest that four (4) pumps of the submersible type, each one being capable of deliver- ing 2,100 g.p,m, at a total dynamic head of 60 feet, when operating at 1750 r~p,m, shall be purchased; Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: 1. That all objections to said im- provement be and the same are hereby overruled and the same is hereby ordered purchased, 2, That the bid of the Byron Jackson Div, Borg Warner Corp, of Chicago, Illinois in the amount of Twenty Six Thousand Six' Hun. Bred Forty dollars No cents, ($26,640,00) for the furnishing of four (4) pumps of the submersible type, each one being capable of delivering 2,100 g.p,m, at a total dynamic head of 60 feet, when operating at 1750 r,p.m.; be and the same is hereby accepted- and that the City Manager be and 'he is hereby authorized to enter into a contract on behalf of the City.. for said work in the form heretofore approved upon the submission and approval of the contractor's per- formance bond. Passed and adopted this 23rd d of April, 1956, CLARENCE P, WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES A, KIlVTZIlVCx CHARLES E, DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kolb moved tl adoption of the resolution. Secon ed by Councilman Schueller, Ca vied by the fallowing vote: Yeas-Mayor Welu, CounciIme Dove, I{intzinger, Kolb, Schuelle Nays-None. ay ER RESOLUTION N0. 106.56 Resolution adopting and approv- ing the execution of an acceptance of a grant offer from the United States of America to the City of Dubuque, Iowa far the purpose of obtaining federal aid in the devel- opment of the Dubuque Municipal Airport, under FAAP Project 9.13- 020.0606, Be It Resolved by the City Caun• cil of the City of Dubuque, Iowa: Section 1. That the City of Du- buque, Iowa shall, for the purpose of obtaining Federal Aid in the development of the Dubuque Muni- cipal Airport, enter into a Grant Agreement with the United States of America by executing an accepf- ance of a Grant Offer from the Ad- ministrator of Civil Aeronautics, acting for the United States of America, to the City of Dubuque, Special Session, April 23,1956 195 Iowa and that such Grant Offer shall be as set forth hereinbelow under Section 4. Section 2. The City of Dubuque, Iowa does hereby ratify and adopt all statements, representations, warranties, covenants and agree- ments contained in the Project Application, which is incorlporated by reference in the said Grant Agreement. Section 3. That the Dubuque Airport Commission of the City of Dubuque, Iowa acting through its officer or officers designated by it to so act, is hereby authorized and directed to execute the ac- ceptance of said Grant Offer on behalf of the City of Dubuque, Iowa, Section 4. That the Grant Offer referred to hereinabove shall be a part of this resolution, CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A, KBVTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kalb moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Wclu, Councilmen Dove, I{intzinger, Kalb, Schueller. Nays-None. DEPARTMENT OF COMMERCE Civil Aeronautics Administration Washington 25 GRANT AGREEMENT Rart I-Offer Date of Offer, Apr, 16, 1956 Dubuque Municipal Airport Project No. 9-13-020-0606 Contract Serial Na. C3ca 481 A ,'O: City of Dubuque, Iowa (here- in referred to as the "Sponsor") !ROM: The United State of Amer- ica (acting through the Adminis- trator of Civil Aeronautics, here- in referred' to as the "Adminis- trator") Whereas, the Sponsor has sub- nitted to the Administrator a Proj- ;ct Application dated February 1, 1956 for a grant of Federal funds '.or a project for development of ;he Dubuque Municipal Airport ;herein called the "Airport"), to- gether with plans and specifics trans for such project, which Proj- ect Application, as approved by the Administrator, is hereby incorpo- ratedherein and made a part here- of; and Whereas, the Administrator has approved a project for develop- ment of the Airport (herein called the "Project") consisting of the following described airport devel- opment; Install taxiway lighting system including operating and control equipment and duct. (This is in addition to the work included in Projects Nos. 9.13.020.8D1, 9-13.020- 902, 9-13.020.263, 9.13-020.304 ar~d 3.'3.020-505), all as more particu- lorry described in the property map and plans and specifications incor- porated in the said Project Appli- cation; Naw Therefore, pursuant to and for the purposes of carrying out the provisions of the Federal Air- port Act (60 Stat. 170; Pub, Law 377, 79th Congress), and in consid- eration of (a) the Sponsor's adop- tion and ratification of the repre• sentations and assurances con- tained in said Project Application, and its acceptance of this Offer, as hereinafter provided, and (b) the benefits to accrue to the Unit- ed States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided. The Administrator, for and on behalf of the United States, hereby offers and agrees to pay, as the United States' share of costs in- curred in accomplishing the proj- ect, 50 percentum of all allowable project costs, subject to the fol- lowing terms and conditions. 1. The maximum obligation of the United States payable under this Offer shall be $15,600.00. 2, The Sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Of- fer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Fed- eral Airport Act and the Regula- tions promulgated thereunder by the Administrator in effect on the date of this Offer, which Act 196 Special Session, April 23,1956'. and Regulations are incorporated Iowa, on January 24; 1956, and' ap• herein. and made a part hereof, proved by Archie W, League Chief : and , , Airports Division, Region 3 Civil (c) carry out and complete the , Aeronautics Administration on Project in accordance with the , February 13; 1956. plans and specifications and property map incorporated here- The Sponsor's acceptance of this in as they may be revised or Offer and ratification and adoption of the Project Application in modified with the approval of the Administrator or his dul cor- porated herein shall be evidenced y authorized representatives by execution of this instrument by .. the Sponsor, as horeinafter provide 3, The Sponsor shall operate and ed and said Offer and acceptance maintain the Airport. as provided shall comprise a Grant Agreement, in the Project Application incor• as provided by the Federal Air- porated herein, port Act, constituting the oblige- 4,. The. maximum amounts: of tions and' rights of the United building space which the Sponsor States and the Sponsor with respect shall be obligated to furbish civil to the accomplishment of the Proj? agencies of the United States for oct and the operatiob and mainte- the parposes and on the terms and nonce of the Airport, Such Grant conditions stated in Paragraph 9 Agreement shall become effective of Part:III of the Project Applica- upon the Sponsor's acceptance of tion is set forth in the attached this Offer and shall remain in full' Schedule: of Maximum Rent Free force and effect throughout the Space _Requirements, which is in• 'useful life of the facilities devel- corporated herein and made a part aped under the Project but in any hereof.. event not to exceed twenty years 5: Any .misrepresentation or from the date of said acceptance. omission of a material fact by the United States of America Sponsor concerning the Project or The Administrator of Civil the Sponsor's authority or ability Aeronautics to carry out the obligations as- BY Regional Administrator, sumed by the Sponsor in accepting Region III this. Offer shall terminate the ob- ligation of the United States, and PART 11-Acceptance it is understood and agreed by the The City of Dubuque, Iowa dbes Sponsor in accepting this Offer hereby ratify and' adopt all state- that if _a material fact has been menu, representations, warranties, misrepresented or omitted by the covenants, and agreements con- Spousor, the Administrator on be- tained in the Project Application half of the. United States may re- and incorporated materials re- cover all. grant payments made.. ferred to in the foregoing Offer 6. The Administrator. reserves and does hereby accept said Offer the: right to amend, or withdraw and by such acceptance agrees to this Offer at any time prior to its . all of the terms and conditions acceptance by the Sponsor, thereof. 7. This Offer shall expire. and Executed this 24th day of April, the United. States shall not be obli- 1956, gated to pay any of the allowable City of Dubuque,, Iowa costs of the .Project unless. this (Name of Sponsor). Offer has been accepted by the BY L. M. Harney Sponsor within 60 days from the Title,. Chairman, Dubuque. above date of Offer or such long- Airport Commission er time as may be prescribed by (SEAT') the Administrator in writing, Attest; W. M, Clemens Jr. 8. It is understood and agreed by William Clemens Jr. and between the parties hereto Title: Secretary that any reference herein or in the Certificate of Sponsor's, Attorney aforementioned Project Applicar tion to plans and i i ' T, Thomas Nelson acting as At sp~oc f cations shall mean the plans and specifi- ' torney for City of Dubuque, Iowa; do hereby certify; cations drawn by Harold E: Rucks, That I have examined the fore- Consulting Engineer, Dubuque, . going Grant Agreement and the e' T R ;; Special Session, April 23,1956 197 proceedings taken by said City of Dubuque, Iowa relating thereto, and find that the Acceptance there- of by said City of Dubuque, Iowa has been duly authorized and that the execution thereof is in all re- spects due and proper and in ac- cordance with the laws of the State of Iowa, and further that, in my opinion, said Grant Agreement con• stitutes a legal and binding obli• gation of the City of Dubuque, Iowa in accordance with the terms thereof. Dated at Dubuque, Iowa this 24th day of April, 1956. T. H. NELSON Title, City Attorney Schedule of Maximum Space Requirements Weather Bureau Activities and Equipment (Rent Free). Observatory for Hourly Airway Observations, Office Space 598 sq. ft., Storage Space 208 sq. ft. RESOLUTION N0. 107.56 Whereas, an application for a Beer Permit has been submitted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the fallowing application be granted and a license to be issued upon the compliance with the terms of the ordinances of this City, CLASS "C" PERMIT Ernest Latham, 1499 Jackson Street Carl Van Duelman, 590 Seminary Street Passed, adopted and approved this 23rd day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. within named applicant and it has received the approval of this Cbun- cil; and Whereas, the- premises to be oc- cupied' by such' applicant has been inspected and found to comply with the ordinances of the City and he has filed proper band; Now, Therefore,. Be It Resolved by `be City Coun- cil of the City of Dubuque that the Manager be and he is directed fo issue to the fallowing named ap- plicant aBeer Permit. CLASS "C" PERMIT Ernest Latham,1499 Jackson Street Carl Van Duelman, 590 Seminary Street Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved, Passed, adopted and approved this 23rd day of April, 1956. CLARENCE. P. WELD Mayor RAY F. KOLB LE0 N. SGHUELLER CHARLES A. KINTZINGER CHARLES E, DOVE. Councilmen Attest: LEO F, FROMMEI,T, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote; Yeas-Mayor Welu; Councilmen Dove, Kintzinger; Kolb, Schueller. Nays-None, RESOLUTION N0. 109.5b Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied 'with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted epee- mit to sell cigarettes and cigarette ~~ papers within said city. Mrs. Florence Larson, 80 Locust I Street Be It Further Resolved that the I bond filed with the application be ' approved. ' Passed, adopted and approved ', this 23rd day of April, 1956, CLARENCE P. WELU ' Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE RESOLUTION N0. 108.5b Councilmen Whereas, heretofore application Attest; LEO F. FROMMELT, for a Beer Permit was filed by the _ City Clerk ~!, 198 Special Session, April 23, 1956 Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. LEO F. FROMMELT, City Clerk Approved ........................:...........1956. .Adopted ......................................1956. Councilmen ...................................... Attest :.................................................... City Clerk Special Sessior E (OFFICIAL) Special Session, April 24, 1956. Council met at 4;15 P,M. Present-Mayor Welu, Council- men Dove, Kintzinger, Kolb, City Manager Schiltz. Absent-Councilman Schueller, Meeting called by order of May- or Welu. Mayor Welu read the call and stated that ~ ~rvice thereof had been duly :; jade and that this meeting is called for the purpose of adopting resolutions far the granting of applications and direct- ing the issuance of Class "B" beer permit to Dubuque Baseball Inc. and for any other business that may properly come before a regu- Ira meeting of the City Council, RESOLUTION NO. 110.56 Whereas, an application for a Class "B" Beer Permit has been submitted to this Council for ap- proval and the same has been ex- amined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following application be granted and a license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Dubuque Baseball. Inc., East 4th Street Passed, adopted and approved this 24th day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB CHARLES A. KIlQTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Dove. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Nays-None. Absent-Councilman Schueller. RESOLUTION NO. 111.56 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named appli- y April 24, 1956 199 cant and it has received the ap• praval of this Council; and Whereas, the premises to be oe• cupied by such applicant have been inspected and found to comply with the ordnances of this City and a proper bond has been filed: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the fallowing named ap- plicant aBeer Permit. Dubuque Baseball Inc., East 4th Street Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 24th day of April, 1956. CLARENCE P. WELU Mayor RAY F. KOLB CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Nays-None. Absent-Councilman Schueller. There being no further business Councilman Kolb moved to ad• journ, Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Nays-None. Absent-Councilman Schueller, LEO F. FROMMELT, City Clerk Approved ....................................1956. Adopted ......................................1956. Councilmen : .................................... Attest : .......:............................................ City Clerk