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1956 November Council Proceedings408 Special Session, October 11, 1956 WHEREAS, said sealed propos- als were opened and read on Octo- ber 8th at 7:30 p,m,, 1956, and it has been determined that the bid of McDonnell Excavating Service of Dubuque, Iowa in the amount of $55,447.80 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and spe- cifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mention- ed improvement be awarded to McDonnell Excavating Service of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque far the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders, Approved, Passed and adopted this 11th day of October, 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 Schueller moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None, Petition of Mrs, Edw. Lee et al requesting re-zoning of an area from a single family residence Zone to a two family residence zone on bath sides of Wood street com- mencing at Loras Blvd. and run- ring to a paint where the Mount Pleasant Home property commen- ces on Wood street and encompas- sing an area from each side of the street back to the respective al- leys on either side of the street, prsented and read, Mayor Welu moved that the pe- tition be referred to the Planning & Zoning Commission. Seconded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Councilman Schueller moved that the rules be suspended in order to let anyone present address the' Council if they so desire. Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Mr, Russell Schueller expressed his thanks to the Council for the contracts awarded to his firm fore the construction of the Catfish Creek Sanitary Sewer, There being no further business Councilman Kolb moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller, Nays-None. LEO F, FROMMELT' Cfty Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,1957 Adopted ,..,,....,,,,,,,,,,,,,,,,,,,,,,,,,1957 Councilmen ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,, ,,,,, Attest ,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,;,,,,,,,,,,,,,, City Clerk Regular Session, NovemUer 5, 1956 409 i -.,~i (OFF1CIAl.) Regular. Session November 5, 1956, Couucil met at 7:30 p,m, Present-Mayor W.elu, Council• men Dove, Kintzinger, K o 1 b, Schueller, City Manager Schiltz, Mayor Welu stated that this is the regular monthly meeting of the City Council for the purpose'of act- ing upon such business as may properly. come. before the meeting. RESOLUTION. N0, 214.56 Preliminary, approval of propos- ed, plans, specifications, form of contract, plat and schedule far the construction of the Rockdale Road, Fox Drive and Blackhawk Drive Sanitary .sewer consisting of an 8" sanitary sewer beginning at Lot 2 of 2 of l of J. C. Scully Subdivision and Lot2of$ofloflofloflof 1 of l of l of 2 of the Subdivision of Mineral Lot 12 thence southerly paralleling. Rockdale Road to Lot 1 of Glenview Subdivision, thence easterly thru Lots 1, 2, 3, 4 and 5 of Glenview Subdivision to a point on Lot 6, thence beginning in Lot 21 of Glenview Subdivision north- ~er)y and easterly thru lots 5 to 21 inclusive of Glenview Subdivision thence easterly to the existing manhole located on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3, estimated cost of $22,105.91, pre- sented and ready Mayor Welu mov- ed the adoption. of the resolution, Seconded by Councilman K o 1 b. Carried by the. following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 5, 1956 To the Honorable Mayor and. City Council, Dubuque, Iowa, Gentlemen; I herewith submit the attached sheet, showing a schedule of the proposed valuations and proposed assessments for the Rockdale Road, F;ox Dave, and Blackhawk Drive Sanitary Sewer, Submitted. Now 5; 1956; KENNETH: J; CULLEN City. Engineer RESOLUTION N0. 215.56 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1, That the attached sheet is hereby. determined to be the schedule of proposed assess- ments for the construction of the Rockdale Road, Fox Drive and Blackhawk Drive Sanitary Sewer cousisting of an eight (8) inch sari- tart' sewer beginning at Lot 2 of 2 of I of J, C. Scully Subdivision and Lot2of2oflof2oflofiafl of 1 of 1 of 1 of 1 of 2 of the Subdivision of Mineral. Lot 12 thence southerly paralleling Rock- dale Road to Lot 1 of Glenview Sub- division, thence easterly through Lots 1, 2, 3, 4; and 5 of Glenview Subdivision to a point on Lot 5; thence beginning in Lot 21 of Glen- view Subdivision northerly and easterly through Lots 5 to 21 inclu- sive of Glenview Subdivision to the previous point on Lot 5 of Glen- view Subdivision, thence easterly to the existing manhole located on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3; and the valua- tion set out therein are hereby ap- proved, Adopted this 5th day of Novem- ber, 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, (Necessity for ImprovemenfJ RESOLUTION N0, 216+56 WHEREAS; proposed plans; sp@- cifications, Form of contract; plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in.the office of the City Clerk showing among. other things the. following; 1, The. size: and kind of, sewers, l:L, 41U Regular Session, November 5, 1956 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be assess- ed against each lot, far the con- struction of the Rockdale Road, Fox Drive, and Blackhawk Drive Sanitary Sewer consisting of an eight (8) inch sanitary sewer be- ginning at Lot 2 of 2 of 1 of J. C, Scully Subudivsion and Lot 2 of 2 oflof2oflofloflafiofl of 1 of 1 of 2 of the Subdivision of Mineral Lot 12 thence southerly paralleling Rockdale Road to Lot 1 of Glenview Subdivision, thence easterly through Lots 1, 2, 3, 4, and 5 of Glenview Subdivision to a point on Lat 5, thence beginning in Lot 21 of Glenview Subdivision northerly and easterly through Lots 5 to 21 inclusive of Glenview Subdivision to the previous point on Lot 5 of Glenview Subdivision, thence easterly to the existing manhole located on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3, BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this propos- ed resolution 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 proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provid- ed by law, property will be assess- ed whether the same abuts there- on or is adjacent therto according to area and in proportion to the special benefits conferred thereby, and any ideficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The raihvay portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of November, 1956. Approved and placed on file for final action, 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 a- doption of the resolution and that same be placed on file with the City Clerk for at least one week before final adoption. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, ATays-None, (Fixing date of hearing) RESOLUTION N0. 211.56 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 214-56 given its pre• liminary approval on the propos- ed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the con- struction of the Rockdale Road, Fox Drive, and Blackhawk Drive Sani- tary Sewer consisting of an eight (8) inch sanitary sewer beginning at Lot 2 of 2 of 1 of J. C. Scully Subdivision and Lot 2 of 2 of 1 of 2ofloflofloflofloflofl of 2 of the Subdivision of Min- eral Lot 12 thence southerly par- alleling Rockdale Road to Lot 1 of Glenview Subdivision, t h e n c e easterly through Lots 1, 2, 3, 4, and 5 of Glenview Subdivision to a Regular Session, November 5, 1956 411 point on Lot 5, thence beginning in Lot 21 of Glenview Subdivision northerly and easterly through Lots 5 to 21 inclusive of Glenview Sub- division to the previous point on Lot 5 of Glenview Subdivision, thence easterly to the existing manhole located on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3, 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 far public inspection, BE IT THEREFORE RESOLVED that on the 3rd day of Decem- ber 1956, a public hearing will be held at 7;30 o'clock p.m. in the Council Chamber in the City of Du- buque at which time the owners of property subject to assessment far the proposed improvement m a y appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cast 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- lution 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 h e a r such objections and enter on rec- ord its final decision thereon. Passed, adapted and approved this 5th day of November, 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 Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, 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 and cost of improvement of Hodgen street from south property line of Clarke Drive to a point 141 feet south with asphaltic macadam surfacing, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Mayor Welu. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Councilman Kalb moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire relative to the improvement of Hodgen street. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Mrs, Earl Kiefer, Ella Polsean and Mrs. Mary Otto addressed the Council objecting to the improve- ment of the street because they would receive no benefit there- from, Mr. Earl Jochum of 2154 Hodgen street, the only resident present that actually lives on Hod- gen street, addressed the Council stating that there is no proper parking available on the street. Mayor Welu moved that the im- provement for Hodgen street from South property line of Clarke Drive to a point 141 feet south with as- phaltic macadam surfacing be de- leted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of W. H, Kretsch- m~er and others relative to the 412 Regular Session, November 5, 1956 parking conditions on Henion Street was referred to the City Manager and Traffic Department for investi- gation and report. Upon investigation it was observ- ed that when cars are parked on both sides of the street there is room for one way traffic only, This condition would be a hazard in case of a fire at any of the homes or institutions in this area, It would also be aggravating in the winter when ice and snow is on the street, It is recommended that the pe- tition be granted and no parking be allowed on the east side of Henion Street from Loras to Helena Street, Respectfully submitted, L. J, SCHILTZ, City Manager Counei~lman Kolb moved that the recommendation of the City Man- ager be approved and that the'com- munication and petition be refer- red to the City Solicitor to have proper proceedings prepared, Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kalb, Schueller. Nays-None, October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Hartig D r u g Company and others relative to the restricted parking in the vicinity of 22nd Street was referred to t h e City Manager and Traffic Depart- ment for investigation and report. The Police Department has made a thorough investigation regarding this petition and find that in this vicinity there are available park- ing spaces within a half block of the petitioned street, It has been the experience of the Po~lic~e Department that two hour parking restrictions in out- lying districts do not have the re- quired compliance and it is impos- sible to give them the proper at- tention from the enforcement standpoint that they should have. It is our recommendation that the petition be denied. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The petition of Earl Cady rela- tive to the 'e'rection of a street light on Cottage Place was refer- red to the Ciy Manager and Elec- trical Inspector for investigation and report, Upon investigation it was deter- mined that a street light is need- ed at the east end of Cottage Place and if proper easement can be obi twined; it is recommended that a light be installed between 725 and 761 Cottage Place, Respectfully submitted, L, J, SCHILTZ, City Manager Mayor Welu moved 'that the rec- ommendation of the City Manager be approved. Seconded by Council- man Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu, Couuncilmen Dove, Kintzinger; Kalb, Schueller, Nays-None, October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Gerald McAleece relative to the erection of a street light on the corner of North Algona and Decorah Streets was referred to the City Manager and Electrical Inspector for investigation and re- port. There is a need fora 'street light at this location and it is recom- mended that the petition be grant- ed and a street light .erected on the corner of North Algona and Decorah Streets. Respectfully submitted; L, J, SCHILTZ, City Manager. Councilman Kintzinger m o v e d that the recommendation of the Gity Manager be approved, Second- ed by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, I{olb; Schueller, Nays-None, Regular Session, November 5, 1956 413 October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The t5'etition of Leo L. Rolling relative to the removal of a shed at 1895 Hale Street was referred to the City Manager and Building Commissioner for investigation and report, I have had the Building Com- missioner and Sanitary Inspector make an investigation and the find- ings are that at the present time there is no indication of rat in- festation within the building, The building was erected previous to any zoning requirements and as to location is a 1'egal use. This building was erected over thirty years ago and was erected adjacent to w natural waterway and set on piers, In the 1930's the city installed a sanitary and storm sew- er in this water way and the area under the garage was gradually filled. So far as the Building and Health Departments are concerned they can find no violation of any city ordinances. Respectfully _ submitted, L. J, SCHILTZ, City Manager Mayor Welu moved that the com- munication be referred back to the City Manager for further investiga- tion, Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Welu, _C'ouncilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, October 24; 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The air conditioning of the City Hall has been completed accord- ing to the plans and specifications and I recommend that the C i t y Council accept this work, Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Dove moved that the recommendation of the City Man- ager be approved,. Seconded by Mayor Welu, Carried by the fol- lowing vote: Yeas=Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: A request has been addressed to the Mayor and City Council from the University. of Dubuque asking that a street light be installed be- tween North Algona and McCor- mick Streets on Grace Street.. at the 'end of the walk through the campus, Because of the many people us- ing this sidewalk and the distance between lights in the area, I rec- ommend that a street light be in- stalled on Pole No. 207=627E which is the location requested, Very truly yours, L. J. SCHILTZ, City Manager: Councilman Kolb. moved that, the recommendation of the City Man- ager be approved. Seconded. by Councilman Schueller. Carried by the following vote: Yeas-Mayor We'lu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The offer of Frank Hardie Ad- vertising Company to purchase a portion af' city owned Pots on 9th Street Extension was referred to the City Councll to view the grounds, Upon viewing the grounds it was the decision of the City Council that the City should retain title to this property and not sell or lease it for any purpose, I recommend that the decision of the Council be confirmed, Respectfully. submitted, L, J, SCHILTZ, City Manager, Mayor Welu moved that the rec- ommendation of the City Manager b~e approved. Seconded by Coun- cilman Dove, Carried liy the fol- lowing vote: Yeas-Mayor Welu; Councilmen Dove, Kintzinger, Kolb; Schueller. Nays-None, 414 Regular Session, November 5, 1956 October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of George Nipp of 720 East 22nd Street relative to the extension of his garage was referred to the City Council to view the grounds, Upon viewing the grounds it was found that if this extension was permitted the garage would extend onto the city street and would cre- ate a ]iability on the part of the City. It was the decision of the Coun- cil that this request be denied. I recommend that the decision of the City Council be confirmed. Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Schueller moved that the recommendation of the C i t y Manager be approved, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Merlin J, Palm and others requesting the widen- ing and surfacing of the alley off Wooten Street between Hill and McClain Streets was referred.to the City Ccuncil to view the grounds. Upon viewing the grounds it was the decision of the Council that the alley be leveled with a road grad- er and some of the low spots filled to make the alley available far its full width, I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of the C i t y Manager be approved. Seconded by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, October 24, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Fred Beau and others relative to the regrading and widening of the alley between Mt. Pleasant and Wood Streets was re- ferred to the City Council to view the grounds. Upon viewing the grounds it was the decision of the Council that some of the alley could be wid- ened without damaging the travel- ed portion of the alley that is now surfaced with crushed rock. How- ever, it would be impractical to re- grade the whole alley because the traveled portion is in goad condi- tion, I recommend that the decision of the City Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Kintzinger move d that the recommendation of the City Manager be approved, Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. October 15, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er, City Health Department and City Water Works for the month of September as well as list of claims and list of payrolls for which war- rants were issued far the month of September. Respectfully submitted, L. J, SCHILTZ, City Manager, Councilman Kalb moved that the reports be received and filed. 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 statement of receipts and also a list of claims for which warrants were drawn during the month of September 1956, presented and read. Coun- Regular Session, November 5, 1956 415 Gilman Kolb moved that the proof of publication be received and fil- ed. Seconded by Councilman Kint- zinger. Carried by the fallowing vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. November 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of John Pe- trakis, President of Dubuque Base- ball Incorporated, regarding im- provements for the ball park far 1957 was referred to a joint meet- ing of the City Council, Recreation Commission and the Park Board. At the meeting held between the three bodies, it was determined that according to the Iowa Code, the Recreation Commission c n 1 y has' authority to spend money that is appropriated in the annual bud- get, The Recreation Commission has budgeted for additional lights and three hundred additional seats for 1957 and has expended over the last four years approximately $43,- 000.00 for improvements at t h e ball park. The authority to issue bonds for a ball park under the Iowa Cade is given to the Park Board, however, any bonds voted by the people must be far a new ball park and not for remodeling the old. This procedure would call for a special election and would require a 60 per cent fa- vorable vote ofr the people voting in order that it would be approved. The City Council could accept contributions for either the im- provement of the present ball park or the construction of a new one. No action was taken other than to indicate to Mr. Petrakis t h e limitations placed on the city re- garding improvements on the ball park and the sincere willingness of the city to cooperate as they have in the past in making substantial improvements each year. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kintzinger m o v e d that the communication be receiv- ed and filed. Seconded by Council- man Dove. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 5, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that I have ap- proved the following bonds and pol- icies and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor; EXCAVATION Louis Buechel, 2230 Central Ave• nue, Policy No. CGL 147639, U.S. Fidelity and Guaranty Co, A, J. Fischer, Route No. 1, Pe- osta, Iowa, Policy No. ML 60865, U,S. Fidelity and Guaranty Co, MAINTENANCE Herman C. and Gertrude A. Brockman (For Sullivan St, Sani- tary Sewer), Bond No, 7967608, Federal Insurance Company. HEATING John M. Schwendinger, Bond No. 28214 13 1703 55, U.S. Fidelity and Guaranty Co. Leo J. Diener d-b-a Diener Appli- ances, Bond No. 12.551.988, Amer- ican Surety Co, of N.Y. Thomas J, Mulgrew Company, American Surety Co, of N,Y. Respectfully submitted, L, J, SCHILTZ, City Manager. Mayor Welu moved that the bands and policies be filed subject to the approval of the City Solici- tor. Seconded by Councilman Kint- zinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 5, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The communication. from t h e Committee for Broadening Com- mercial Bank Participation in Pub- lic Financing was referred to the City Manager for investigation. I have consulted with local bank officials who in turn consulted with officers of large banks that would participate in purchasing and trad- ing of municipal revenue bonds, and it is their opinion that the 416 Regular Session, November 5, 1956 granting. of them authority to pur- chase municipal bonds would be in the interest of any. municipality. Under the existing law commer- cial banks can not deal or trade in public revenue bonds, $rovided commercial banks could deal and trade in public revenue, bonds, it would permit cities. to sell revenue bonds in a more competitive mar- ket and thereby. selling them at a lcwer interest rate. I recommend that. the. City Coun- cil direct a communication to t11e Senate Banking and Currency Com- mittee indicating their approval of this, legislation. Respectfully. submitted, L, d. SCHILTZ, City Manager.. Councilman Dove. moved that the recommendation of the City Man- ager be approved, Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor, Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, November 5, 1956 To the Honorable Mayor and. City Council; Dubuque, Iowa, Gentlemen: I am attaching a letter address• ed to rtte relative. to the preserva- tion and reparation'of the Dubuque Shot Tower. This letter asks that the C i t y Council investigate the possibility of doing this work to preserve an historical monument located in Du- buque:_ _ Very truly yours, L, J, SCHILTZ, City Manager: Mayor Welu moved that.the com- munication be referred to the City Council for further investigation, Seconded by Councilman Dove, Carried by the following vote: Yeas-Mayor Weld; Councilmen Dave, Kintzinger, Kolb, Sefiueller. Nays-None. November 5, 1956 To the Honorable. Mayor. and; City Councll, Dubuque; Iowa. Gentlemen; Cunningham Brothers. Ineorpo- rated have requested an extension of time for the construction of the water works improvements be• cause of the delay in delivery. of equipmeht and: the inavailability of skilled workmen particularly by the two sub-contractors, E: W. Bach- arach, Inc., and Linehan and Molo. I recommend that. the- time of this contract be extended to. De= ember 21st, at which time the plant should: be ready to place in operation. Respectfully submitted, L, J, SCHILTZ; City Manager. Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Mayor Welt: Carried by the follow= ing vote, Yeas-Mayor Welu, Councilmen Dove, Kintzinger; Kolb, Schueller. Nays-None. Communication of Chas. A. An- derson & Co., requesting a release or the return of Bond No, 181942, in the amount of $50,000 filed in behal# of bubuque Jerrold Televi- Sion Co; by United Pacific Insur- once Company on November 1, 1955, as same was rep]aced by a new bond issued under the name of Dubuque Jerrold Division of Bannock '~,V. Ync. by the Fidelity and Casualty Company, presented and read. Councilman Kolb moved that a release be granted, Second- ed by Councilman Kintzinger. Car- rigid by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. ,Nays-None. Communication of Mrs, Chas. E. White of 7ackson Michigan, who was a tourist through this area, commenting on the beautiful loco- tion and layout of Eagle Point Park, presented and read: Mayor Welu moved that the communca- tion be referred to the Park Board: Seconded by Councilman Schuel- ler. Carried by the following vote Yeas-Mayor Welu; Councilmen Dove; Kintzinger, Kolb, Schueller, Nays-None. November:. 2, 1956 Hon. Mayor and. members. of the City Council of the City of Dubuque. Gentlemen: I have examined the claim. of Marvin Sitzmann for, damages in the. amount of $30,36 for a broken spring sustained in hitting a hole in 32nd St, and as a result of investi~ Regular Session, November 5, 1956 417 gation recommend the claim be al- lowed and that the Auditor be in- structed to issue a warrant pay- able to Marvin Sitzmann, 656 West Fifth St, and deliver the same up- on receipt of a properly executed release. Respectfully, T, H, NELSON Councilman Dove moved that the recommendation of the City Solici- tor be approved and the Auditor in- structed to draw a warrant in the amount of $30.36, payable to Mar- vin Sitzmann in full settlement of the claim and deliver same upon a properly executed release. Sec- onded by Mayor Welu. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None, October 30, 1956 Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; In compliance with your direc- tive by motion, made at the Coun- cil meeting of October 1, 1956, rela- tive to the request made by Du- buque Trades and Labor Congress, as to registering citizens in vari- ous neighborhoods in the City for the coming election, to be known as "REGISTER TO VOTE WEEK" we beg to submit the fo4- lowing report; 50 registrations were recorded at the Irving School on Taesdap Octo- ber 16, 1956 during the hours from 3 to 8 p.m. 63 registrations were recorded at the Washington Junior High on Oc- tober 17, 1956 during the hours from 3 to 8 p.m. 57 registrations were recorded at St. Paul's Lutheran School on Oc• tober 18, 1956 during the hour s from 3 to 8 p,m, 88 registrations were recorded at the City Hall on October 19, 1956 during the hours from 5 to 8 p.m. 258 Total The above total amount of Two hundred fifty eight registrations re- corded was accomplished as the result of the combined efforts of representatives of the Democratic and Republican parties, Dubuque Trades & Labor Congress and the League of Women Voters, By way of comment, judging solely From the total amount of extra registrations recorded, the result achieved was very disheart- ening to the committees involved. Respectfully submitted, Commissioner of Registration P,S, The Total registrations as of the above date is 28,922, as com- pared to 28,874 in 1952, Councilman Kolb moved t h a t 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, American Municipal Association 1625 H, street N.W. Washington 6, D.C. October 26, 1956 The Honorable Clarence Welu, Mayor of Dubuque, Dubuque, Iowa, Dear Mayor Welu: Subject to your acceptance I hereby appoint you as a member of the American Municipal Asso• ciation's Committee on Highways, of which the Chairman is Ben West of NashviPle, Tennessee, The Committee will meet in St, Louis at 10:30 a.m, on Sunday, November 25, 1956 in the Chase Ho- tel. Primary purpose of that meet- ing will be to review existing AMA policy statements on highways, recommend any desirable changes to the Resolutions Committee for consideration of the American Mu- nicipal Congress, and review high- way developments as they affect cities in the light of the Federal Highway Act of 1956, I hope you can accept this ap- pointment and that you will let me know by directing your reply to me at our Washington headquar- ters of AMA, Sincerely yours, ROBERT F, WAGNER President cc: League of Iowa Municipalities. Councilman Dove congratulated the Mayor on receiving the ap- pointment and urged him to at- tend the meeting in St. Louis. Councilman Schueller moved that the communication be made a mat- ter of record. Seconded by Coun- 41$ Regular Session, November 5, 156 cilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Communication of M, P. Hagan requesting a release and return of the bond issued under date of April '''~ 6, 1956 for Schueller & Co, in the amount of $7235.80, in lieu of other ''~ bonds furnished for street improve- ~!~' ments done in Clover Hills Subdi- vision presented and read, Council- man Kolb moved that a release be granted. Seconded by Councilman Schueller. Carried by the following 1 ` vote: Yeas-Mayor Welu, Councilmen I j Dove, Kintzinger, Kolb, Schueller, ` ' Nays-None. Communication of D u b u q u e Woman's Club, expressing t h e i r gratitude for not removing t h e trees when Ninth street extension was in process of consruction and requesting that no billboards and ~ '' advertising signs be erected along this and other new thoroughfares of the City, presented and read. Mayor Welu moved that the com- munication bereferred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Kolb, Car- , ried by the following vote: Yeas-Mayor Welu, Councilmen. Dove, Kintzinger, Kolb, Schueller. ' ' Nays-None, ORDINANCE N0. 50.56 An Ordinance granting to Her- . man C, Brockman the right to con- "' struct a sanitary sewer in Sullivan ';', ~! street and providing terms and conditions thereof, presented and read, Councilman Kolb moved that the reading just had be considered I the first reading of the Ordinance, ' Seconded by Councilman Dave. Carried by the fallowing 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 Dove. Carried by the fol- lowing vane; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, I{olb, Schueller, Nays-None. ORDINANCE ND. 50.55 An Ordinance Granting to Herman C. Brockman the right to construct a sanitary sewer in Sullivan Street and providing terms and conditions thereof, ~~ Be It Ordained by the City Council of the Clty of Dubuque: Section 1. That Ordinance No, 49-b6 be and the same is hereby repealed; Section 2. That Herman C, Brock- man be and he is hereby granted the right to construct an eight inch vitrified the pipe sanitary sewer in Sullivan Street from the extsting man- hole at the intersection of Levi and Sullivan Streets, northerly along the center line of Sullivan Streat a dis- tance of 304.6 feet, upon the follow- ing terms and conditions; (a) That grantee agrees to con- struct said sewer within one year from the date of the adoption of this Ordinance and to pay the entire cost thereof, including the cost of re- storing the surface of the street; (b) That said sewer shall be con- structed in accordance with plans approved by the State Department of Health and the City Manager and. under the supervision and direction of the City Manager and City Engineer; (c) That grantee will enter into •t contract for the construction of said sewer with a qualified contractor which contract will, among other things, contain a clause requiring the contractor to obtain all necessary per- mits required by the City of Dubuque, or any other governmental agency, a clause obligating the contractor and his bondsmen to keep said sewer in good repair for a period of not less than two years from the date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City of Du- buque named as one of the obligees guaranteeing the faithful performance of said contract; (d) That upon the completion of said sewer and the acceptance of the same by the City Council said sewer Thal] became a public sewer under the exclusive charge and control of the City of Dubuque, and its free use as such shall not be interfered with by grantee or his successors or as- signs; Section 3. That the authority grant- ed herein shall terminate on Decem- ber 1, 1956, unless the terms and con- ditions of this Ordinance are ac- cepted in writing by the grantee prior to that date; Section 4, This Ordinance shall be in full force and effect from and after' its final passage, adoption and pub- lication as provided by law. Passed, adopted and approved this 5th day of November, A, D., 1956. CLARENCE P. V~ELU, Mayor RAY F. KOLB LEO N. SCHUELLh7R CHARLES A. KBVTZINGER CHARLES E, DOVE, Councilmen Attest: LEO F, FROMMELT, City Clerk, Published officially in the Tele- graph-Herald Newspaper this 9th day of November, 1966. LEO F. FROMMELT, it. 1119 City Clerk Acceptance of Ordinance No. 50.56 Herman C. Brockman, of the City of Dubuque, Iowa, having full know-' ;edge and understanding of all the terms and conditions n4 Ordinance No 50-56 hereby accepts the same as passed and agrees to comply with all the terms and conditions thereof. Accepted this 6th day of November, A, D., 1956. HERMAN C, BROCKDSAN ]t, 11/9 Councilman Kolb moved the adoption of the Ordinance, Second- ed by Councilman Dove. Carried by the following vote; Regular Session, November 5, 1956 419 Yeas-Mayor Welu, Councilmen Councilman Kolb moved the Dove, Kintzinger, Kolb, Schueller, adoption of the Ordinance, Second- Nays-None. ed by Councilman Kintzinger. Car- ORDINANCE N0, 51.56 ried by the following vote: Yeas-Mayor Welu, Councilmen An Ordinance Establishing Gen• Dove, Kintzinger, Kolb, Schueller, eral Special Assessment Fund and Nays-None. Providing Regulations, therefor, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Kintzinger, 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 Ito be read on three separate days, Seconded by Coun• cilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. j ~ ORDINANCE NO. 51.5fi An Ordinance Establishing General Special Assessment Fund and Pro- viding Regulations Therefor. Be It Ordained By The City Coun- cil Of The City Of Dubuque, Iowa: Sectton 1. That there is hereby es- tablished aspecial fund of the City of Dubuque to be known as "General Special Assessment Fund"; Section 2. That, whenever it shall appear that all indebtedness of any Special Assessment Fund has been discharged, that there is a balance remaining in said fund, and that the necessity of maintaining said fund has ceased, the City Manager is authorized and directed to transfer such balance to General Special As- sessment Fund and report his action to the City Council for approval: Section 3. That,-whenever the Ctty Council shall find such action to be in the public interest, the City Man- ager is authorized to transfer moneys from General Special Assessment Fund. to such spocial aseessments funds as he may find good business practice requires. Section. 4. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by late provided. Introduced the 5th day of Novem- ber, 1958. Rule requiring reading on three separate days suspended by unani- mous vote the 5th day of November, 1956. Passed, adopted and approved this 5th day of November, 1966. CLARENCE P. 1VELU, 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 Netivspaper this 8th day of November 1956, LEO F. I'ROMMELT lt. 11/8 City Clerk, November 5, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The petition of the Dubuque Wis- consin Bridge Company relative to the construction of a toll house in the center of Rhomberg Avenue near the approach to their bridge was referred to the City Manager, The construction of this toll house has been approved by the Iowa State Highway Commission with regard to the highway and they have submitted a plan showing the location of the toll house with ref- erence to Rhomberg Avenue. The construction of this toll house will not obstruct traffic and will in general increase the safety of those traveling over the bridge. It is my recommendation t h a t the City Council authorize the con- struction of this toll house in the middle of Rhomberg Avenue at a point approximately 100 feet south of the end of the bridge, Respectfully. submitted, L, J, SCHILTZ, City Manager. Councilman Dave moved that the recommendation of the City Man• ager be approved. Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove,. Kintzinger, Kolb,. Schueller. Nays-None. ORDINANCE N0. 52.56 An Ordinance Authorizing Du- buque and Wisconsin Bridge Com- pany to Construct and Maintain a Toll House in Rhomberg Avenue, 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 420 Regular Session, November 5, 1956 Ordinance to be read on three sep- arate days. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE NO. 52.56 An Ordinance Authorizing Dubuque and Wisconsin Bridge Company to Construct and Maintain a Toll House in Rhomberg Avenue. Whereas Dubuque and Wisconsin Bridge Company, as owners and proprietors of the Dubuque-Wisconsin Bridge, which is located at the east- erly terminus and constitutes an ex- tension of Rhomberg Avenue in the City of Dubuque, have requested the City Council for permission to con- struct and maintain a toll house in Rhomberg Avenue for the purpose of increasing the safety and convenience of the public using said bridge; and Whereas said petitioners have sub- mitted to the City Manager detailed plans and specifications for said pro- posed installation; and FVhereas the City Manager has ex- amined said plans and specifications and the premises and has recom- mended approval of said request; and Whereas the City Council, having examined said plans and being fa- miliar with the conditions finds that the granting of said request is in the public interest; Now therefore, be it ordained by the City Council of the City of Dubuque: Section 1. That Dubuque and Wis- consin Bridge Company, an Iowa corporation having its principal place of business in the City of Dubuque, Iowa, be and it is hereby authorized and granted the right and authority to construct and maintain a toll house, approximately 6 feet wide and 21 feet long and located in Rhomberg Avenue, approximately 80 feet from the wester- ly terminus of the Dubuque-Wiscon- sin Bridge and to perform the neces- sary widening of the traveled surface of Rhomberg Avenue at the location of the toll house; Section 2. That such construction shall be done in accordance with the plans heretofore submitted and ap- proved by the City Manager, under the supervision and direction of the City Manager and in accordance with all applicable State and Federal Laws and regulations and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned upon the petitioners agreement to: a. Assume any and all liability for damages to persons or property which may result from the construction and maintenance of said toll house; b. To pay, on behalf of the City of Dubuque, all sums which the City of Duhuque shall become obligated to pay by reasons of the liability imposed on the City of Dubuque for damages of any kind resulting from the construc- tion or maintenance of said toll house, sustained by any person or persons, caused by accident or otherwise; to defend at its own expense and on be- half of said City any claim against the City of Dubuque arising out of the construction or maintenance of said toll horse; Section 4, That the permission herein granted is expressly conditioned upon the petitioner's further agree- ment that should the rights and priv- ileges herein granted be rescinded or revoked by the City Council, Dubuque and Wisconsin Bridge Company shall, within thirty (30) days after the re- ceipt of written notice from the City Ntanager so to do, at its own expense, remove said toll house and in the event of its failure so to do the City of llubuque shall be authorized to re- move said toll house at applicant's ex- pense and dispose of the same, and applicant shall have no claim against the City or its agents for damages re- sulting from the removal of said toll house; Section 5. This Ordinance shall be- come effective and the rights hereun- der shall accrue to Dubuque and Wis- consin Bridge Company ~ehen this Or- dinance has been adopted by the City Council and the terms and conditions thereof accepted by the applicant by acceptance endorsed on this Ordinance. Passed, adopted and approved this 6th day of November, A.D. 1966 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 9th day of November 1956. LEO F, FROMMELT, 1t. 11/9 City Clerk Acceptance Of Ordinance No. 52.56 Dubuque and Wisconsin Bridge Company, having read and being familiar with the terms and condi- tions of Ordinance No. b2-56, hereby arcepts the same and agrees to be bound by the conditions and agree- ments therein contained to be per- formed by said Dubuque and Wis- consin Bridge Company. DIIBUQUE .4ND WISCONSIN BRIDGE COMPANY, By HAROLD E, MOLO President J. A. RHOMBERG it. 11/9 Secretary 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 R. J. Fischer, re- questing permission to excavate in the City streets, presented a n d read. Councilman Kolb moved that the petition be granted subject to the filing of a proper insurance pol- icy, Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kalb, Schueller. Nays-None. Petition of Dallas Bush, request- ing permission to excavate in the City streets, presented and read. Councilman Kolb moved that the petition be granted subject to the filing of a proper insurance policy. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Regular Session, November 5, 1956 421 Petition of Virgil Phillips et al requesting the establishment of a grade on Kelly Lane, presented and read. Councilman Kolb moved that the petition be referred to the City Manager to see if proper grade could be established. Seconded by C6uncilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Carr Adams & Collier Co., requesting permission to con- struct aconcrete ramp on t h e south side of Tenth street between Jackson and Washington Street, presented and read, Councilman Kolb moved to refer the petition to the City Manager. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Merle E. Garrett of the Des Moines Register and Tri- bune Agency, requesting permis- sion to put an entrance and steps along the side of the building which faces East Fourteenth Street, pre- sented and read. Councilman Kint- zinger moved that the petition be referred to the City Manager, Sec- onded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. Petition of Rt. Rev. Msgr, George A. 5temm, pastor of St. Anthony's Parish, requesting that the alley adjoining the school and rectory be repaired and made use- able far normal traffic, presented and read, Councilman Schueller moved that the petition be refer- red to the Council to view t h e grounds. Seconded by Councilman Kintzinger, Carried by the fallow- ing vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. Petition of Dubuque P a c k i n g Company requesting that parking of vehicles be prohibited on the south side of East Sixteenth street from Cedar to Sycamore streets, presented and read. Mayor Welu moved that the petition be refer- red to the Traffic Department far investigation and report. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. November 5, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A petition is being filed with your body asking for restrictions on parking on 16th Street between Ce- dar and Sycamore Streets. I have received a copy of this petition and have made a study of the request. The Police Depart- ment upon investigating this re- quest, talked to the owners of oth- er property along this block and they are agreeable to the petition, I recommend therefore that the petition be granted and that the proper amendments be made to the traffic ordinance, Respectfully submitted, L. J. SCHILTZ, City Manager Mayor Welu moved that the rec- ommendation of the City Manager be approved, and that it be refer- red to the City Solicitor to have proper proceedings prepared. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Petition of Mrs, George Kersch et al requesting the installation of a street light between 2614 and 2618 Queen street, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report, Sec- onded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None: Petition of Fred Shafer et al, re- questing street lights be placed on existing poles in the area of De- von Drive, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report, Sec• onded by Councilman Schueller. Carried by the following vote: 422 Regular Session, November 5, 1956 `r. Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. Petition of K. W. Gaber Con- struction Co,, requesting permis- sion to excavate in the City streets, presented and read. Councilman Kolb moved that the request be granted providing a proper insur- ance policy is furnished. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Merlyn A. Digman of 1925 Lincoln Avenue, requesting oil surfacing for the 1900 block on Prescott and also for Emerson street between Prescott and Lin- coln, presented and. read, Mayor Welu moved that the petition be referred to the City Manager and Street Commissioner. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Cyril H. Wissel as Chairman of the Highway Commit- tee. of Dubuque Chamber of Com- merce, requesting the passage of a resolution adopting the name Ker- rigan Road for the new four-lane highway that runs from Southern avenue to the City Limits, present- ed and read, Councilman Schueller moved that the Petition be refer- red to the City Solicitor to have a proper Ordinance prepared and the new road be called Kerrigan Road, Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Petition of Francis O'Toole, re- questing refund in the amount of $50. on his cigarette license No, 188, as he has discontinued busi- ness as of October 31, 1956, pre- sented and read. Councilman Kolb moved that the request be grant- ed and the Auditor instructed to draw a warrant in the amount of $50, payable to Francis O'Toole to cover the unexpired portion of his cigarette License No. 188. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove,. Kintzinger, Kolb, Schueller. Nays-None. Petition of Mrs. Denise Byard, requesting a refund in the amount of $50. on her cigarette License No. 20, as she has discontinued business as of November 5, .1956, presented and read, Councilman Kolb moved that the request be granted and the Auditor instructed to draw a warrant in the amount of $50. payable to Mrs. D e n i s e Byard, to cover the unexpired por- tion of her cigarette license No, 20, Seconded by Councilman Kint- zinger. Carried by the following vote r Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb,. Schueller. Nays-None. Petition of Mrs. Denise Byard, requesting a refund in the amount of $100. on her Class "B" beer per- mit No. 33, as she has discontinued business as of November 5, 1956, presented and read. Councilman Kolb moved that the request be granted and the Auditor instructed to draw a warrant in the amount of $100. payable to Mrs. Denise Byard, to cover the unexpired por- tion of her Class "B" beer permit No, 33. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmeh Dove, Kintzinger, Kolb, Schueller. Nays-None, Notice of Suit of Minnie Kurtz Plaintiff vs, City of Dubuque De- fendant, for damages in the amount of $10,192.25, for destruction of her home by fire located at 1634 Peosta street, while readying the area far the City Island development, presented and read. Councilman Kintzinger moved that the notice of suit be referred to the City So- licitor, Seconded by Councilman Dove, Carried by the Following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Notice of claim of Clara & Helen Schon of 835 Euclid street, in the amount of $17.75 for expenses in- curred as the result of the sewer backing up, presented and read. Mayor Welu moved that the notice of claim be referred to the: City Solicitor for investigation and re- port. Seconded by Councilman Dove, Carried by the following vote: Regular Session, November 5, 1956 423 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Notice of claim of Dean Jung- ferman, in the amount of $100. for personal injuries received in a fall at the northwest corner of West 5th and Bluff street on October 12, 1956, as the result of a broken pipe protruding from the ground, pre- sented and read. Councilman Kolb moved that the notice of claim be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Notice of claim of Richard 0, Kringle, in the amount of $18.00 for personal injuries received by Mary Kringle while riding a bicycle and striking a chuckhole on the lower end of the twenty two hun- dred block on Cherry street, on September 13, 1956, presented and read. Councilman Schueller mov- ed that the notice of claim be re• ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, RESOLUTION NO. 218.66 Approval of plat and directing the conveyance of Lot A of Lot 1 of Lot 305 and Lot A of Lot 366 in East Dubuque Addition No. 2 be conveyed to Dubuque P a c k i n g Company and that Lot B of Lot 1 of Lot 305 in East Dubuque Addi- tion No. 2 be conveyed to Chicago, Milwaukee St, Paul and Pacific Ry. Co, presented and read. Coun- cilman Kolb moved that the resolu- tion be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week and the City Clerk be instructed to publish a notice of hearing to be held on December 3, 1956 at 7:30 o'clock p.m, in the Council Cham- ber at the City Hall. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove,. Kintzinger, Kalb, Schueller. Nays-None. RESOLUTION NO. 219.56 Whereas, on April 4, 1932 the City of Dubuque adopted an Ordi- nance vacating a portion therein described as Delhi Street and con veying the same to James J. King; and Whereas, the portion of the street so vacated is described as "That portion of Delhi Street ly- ing northerly of the northerly line of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Boxleiter's Subdivi- sion of Lot 1 of Caroline Boxleit- er's Subdivision of Mineral Lot 160 as shown upon plat of the Subdi- vision of Lot 2 of Lot i of Lot 2 of Lot 1 of Boxleiter's Subdivision of Lot 1 of Caroline Boxleiter's Subdivision of Mineral Lot 160 pre- pared by W. H. Cullen"; and Whereas Lucinda Haun as sole heir of James J. King has petition- ed the City of Dubuque to assign a lot number to said vacated area and formally convey the same to her in consummation of said vaca- tion;. NOW THEREFORE, BE IT RESOLVED BY THE CITY. COUN- CIL OF THE CITY OF DU- BUQUE; Section 1. That the above de- scribed portion of Delhi Street as the same appears on said plat, which plat was recorded in Book of Plats 10, page BO on April 12, 1932, be and the same is hereby desig- nated Lot A of Vacated D e l h i Street; Section 2. That the Mayor and City Clerk 'be and they are hereby authorized to execute and deliver a quit claim deed conveying the above described property to Lucin- da Haun, subject to any general or special taxes. Passed, adopted and approved this 5th day of November 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 Kolb moved the adoption of the resolution, Second- i,, 424 Regular Session, November 5, 1956 ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. October 30, 1956 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: Acting as your City Solicitor, I have entered into a settlement of the two pending condemnation matters with Herman and Marcel- la Lott, The settlement provides that upon payment of $20,000 to Mr, and Mrs, Lott, they will; a. Dismiss their appeal n o w pending in District Court. This dis- missal will be joined in by Mr. Schuster. b, Convey Lot 3 of fractional Government Lot 1 of Section 6, T. 88, N. R. 3, East by warranty deed to the City (Sewage Disposal Plant site) c, Canvey Lot 2 of Lot 3 of NW'/4 of NWl/a of Section 6, T. 88 N. R. 3 East by warranty deed to the City (Lift Station site) d. Grant an easement for sani- tary sewer over Lot 123A in Ship- ton's Add, e. Grant an easement far sani- tary sewer over Lot 124A in Ship• ton's Add, f. Grant an easement for access to lift station over lot 123A and the present haul road as the same now crosses their lands, Though realizing that the market value of the lands involved do not justify the amount of payment, the following considerations seemed to justify the settlement: 1, Investigation indicated evi- dence would be presented which would justify the Court in increas- ing the award. 2. If the award were increased the costs would be taxed against the City. This might amount to $5,000. 3, The costs of expert witnesses in both condemnation proceedings would approximate $2,000, 4. Bond counsel advise that, while the pendency of the condem- nation would not preclude us from issuing bonds, the fact that ~t h e proceedings to acquire the sewage disposal plant site were pending would increase the interest cost of sewer revenue bonds by approxi- mately $25,000, This difficulty does not apply to the general obligation bonds for the interceptor sewer. In view of the above considera- tions, Irecommend that the settle- ment be approved and that t h e Auditor be instructed to issue a warrant in the sum of $11,600 rep- resenting the balance of the $20,- 000 and deliver the same to Her- man J. Lott and Marcella S. Lott, upon their compliance with t h e terms above set out. Respectfully, T. H, NELSON Councilman Dove moved t h a t the recommendation of the City Solicitor be approved and the City Auditor instructed to draw a war- rant in the amount of $11,600 pay- able to Herman J. & Marcella S, Lott and deliver the same upon their compliance to the terms set out, Seconded by Councilman Kint- zinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Resolution No. 220.56 Resolution to fix a date of meet- ing at which it is proposed to take action for the issuance of $600,000 Sewer Bonds. WHEREAS it is necessary and for the best interests of the City of Dubuque, Iowa, and its inhabi• tants that certain sewers be built and constructed in and for s a i d City, and it is necessary that the cost thereof to the amount of $600,- 000 be now provided for by the issuance of bands payable from the proceeds of taxes Levied on all the taxable property in said City, but it is necessary to first provide for notice and hearing in the manner and form required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, B~e It Re- solved by the City Council of the City of Dubuque, Iowa, as fol- lows; Section 1, That this Council meet at the Council Chamber in t h e City Hall in said City on the 20th day of November 1956, at 7;30 o'clock P, M., at which time and place proceedings will b~e institut- ed and action taken for the issuance of $600,000 Sewer Bonds for t h e Regular Session, November 5, 195 425 purpose of building and construct- ing sewers in said City. Section 2, The City Clerk is here- by directed to give notice of pro- posed action for the issuance of said bonds, setting forth t h e amount and purpose thereof, t h e time when and place where said meeting will be ,held, by publica- tion at least once not less than ten days before said meeting, in the "Telegraph Herald", a news- paper published and of general cir- culation within said City, Said no- tice shall be in substantially the following form; NOTICE OF MEETING FOR ISSUANCE OF SEWER i3ONDS The.... City Council of the City of Dubuque, Dubuque County, Iowa, will meet on the 20th day of Nov- ember 1956, at the Council Cham- ber in the City Hall, Dubuque, Iowa, at 7;30 o clock P. M., for the purpose of instituting proceed- ings and taking action for the is- suance of $600,000 Sewer Bonds of said City for the purpose of de- fraying the cost of building and constructing sewers in and far said City, At any time before the date of said meeting five or more taxpay- ers may file a petition in the of- fice of the City Clerk, setting forth their objections thereto, By order of the City Council November 5th, 1956. LEO F, FROMMELT City Clerk Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed, and this resolution shall be effective forthwith upon its pas- sage and approval. Passed and approved Novemb- er 5th, 1956. CLARENCE P, WELU Mayor Attest; LEO F, FROMMELT City Clerk Recorded November 6, 1956- LEO F, FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Resolution No. 221.96 Resolution providing for the ad- vertisement of $600,000 Sewer Bonds, WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore determined it to be ad- visable and necessary that sewers be built and constructed in and far said City and it is necessary and far the best interests of said City that $600,000 Sewer Bonds eontem- plated to be issued to pay t h e cost thereof be offered for sale in the manner required by Chap- ter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by t h e City Council of the City of Du- buque, Iowa, as follows; Section 1, That Sewer Bonds of said City in the amount of $600,- 000 be advertised for sale, such bonds to be dated December 1, 1956, bearing interest payable semiannually on June 1 and De- cember 1 of each year, and ma- turing $15,000 on December 1, 1957, $20,000 on December 1 of each of the years 1958 to 1961, in- clusive, $25,000 on December 1, 1962, $35,000 on December 1 of each of the years 1963 to 1974, in- clusive, and $30,000 on December 1 of each of the years 1975 and 1976, and that bids be request- ed for action thereon at the Council Chamber in the City Hall in said City at 7;30 o'clock P. M., on November 20th, 1956, and that the City Clerk be and be is here- by authorized and directed to publish notice of such sale once each week for at least two consecu- tive weeks in the "Telegraph Her- ald", anewspaper published and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily em• ployed for that purpose. Section 2, That all resolutions or orders in so far as same may be in conflict herewith be and t h e same are hereby repealed, Passed and approved November 5th, 1956, CLARENCE P. WELU Mayor Attest; LEO F. FROMMELT City Clerk Recorded November 6th, 195fi LEO F, FROMMELT City Clerk. 426 Regular Session, November 5, 1956 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 N0. 222.56 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relat• ing to the sale of cigarettes with- in the City of Dubuque, be grant- ed apermit to sell cigarettes and cigarette papers within said City. Name Address Hattie Turner and Fred Meighan, 280 Main Street Catherine M. Murphy, 238.240 West 6th Street Be It Further Resolved that. the bonds filed with the applications be approved, Passed, adopted and approved this 5th day of November, 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 t h e adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. RESOLUTION N0. 223.56. WHEREAS, applications f o r Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following applications be granted and licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Name Address Clarence P. Haupert, 1703 As- bury Street. Vincent Teeling, 115 East 22nd Street Alfred E, Hedley, 509 Eighth Avenue Benedict F. Erscheh, 2620 Uni- versity Avenue Catherine M, Murphy, 238-240 West 6th Street John F. Glynn, 659 Central Ave- nue John H, Eggerichs, 75 East 4th Street Mrs, Louise Pitz, 2995 Central Avenue John Beecher, 2399 White Street Herbert and Mildred Meyer, 735 Central Avenue Russell Evans, 29 Eighth Ave• nue Ray Nicks, 521 East 22nd Street CLASS "B" PERMIT FOR PRIVATE CLUB'' Gerald F. Winters Post No, 9663, Veterans of Foreign Wars, 2203 Carter Road Passed, adopted and approved this 5th day of November, 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 t h e adoption of the resolution, Second- ed by Councllman Schueller, Car- ried by the fallowing vate:- Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, RESOLUTION N0. 224.96 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants h a v e been inspected and found to com- ply with the ordinances of t h i s 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 a Beer Permit, CLASS "B" PERMIT Name Address Clarence P. Haupert, 1703 As- bury Street Vincent Teeling, 115 East 22nd Street Regular Session, November 5, 1956 427 Alfred E, Hedley, 509 Eighth Avenue, Benedict F, Erschen, 2620 Uni- versity Avenue, Catherine M, Murphy, 238.240 West 6th Street, Jahn F, Glynn, 659 Central Ave• nue, John H, Eggerichs, 75 East 4th Street, Mrs. Louise Pitz, 2995 Central Avenue, John Beecher, 2399 White Street. Herbert and Mildred Meyer, 735 Central Avenue Russell Evans, 29 Eighth Ave- nue. Ray Nicks, 521 East 22nd Street. CLASS "B" PERMIT FOR PRIVATE CLUB Gerald F. Winters Post No, 9663, Veterans of Foreign Wars, 2203 Carter Road. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby ap- proved, Passed, adapted and approved this 5th day of November, 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 t h e adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. Mr. Eugene Lang of Laramore & Douglass, was called upon by Mayor Welu to report to the Coun- cil and those assembled on the re- cent gas rate study. Mr, Lang was of the opinion that the present gas rates should be adjusted and equal- ized in order to offset the high charge in Schedule 1. In order to do that however a complete cus- tomer analysis would have to be made, Mr, Vern Moore and Gene Stierman raised the question as to the expenses shown in the state- ment as to affecting the rates, Mr. Lang advised them that the rates are based on the value of proper- ties, Roland White of the Trades & Labor Congress mentioned t h e fact that Dubuque gas rates are not competitive with other cities, which could be a deciding factor for new industry that would con• Sider locating here. Mr. Ray Jas- lin, vice president of the Donovan Construction Co., made it clear that his company is not taking any profit in inter-company trans- actions as some would be assumed to believe. He further stated that Donovan Construction Co, is doing work on main installation etc., cheaper than when it was con- tracted out. They receive no re- turn on gas going through t h e mains, Mr. W, F, Spurrier of the North Central Public Service Co., stated that he hoped Sehed- ule 1 of the rates could be adjust- ed but thought it unwise at the present time, because the Com- pany is still operating in the red and it would also jeopardize the company's effort to gain new heat- ing customers, Mr. Spurrier asked Mr. Lang if he thought that the time is proper to adjust schedule 1. Mr, Lang was of the opinion that it could be done by shifting the burden to other users, namely those that heat with gas, Mr. Spur- rier was not in accord with a move of this kind at least for the pres- end and assured the Council that when they submit their statement in May 1957 that relief should be forth coming on Schedule 1 and 2, He figured that a complete cus- tomer analysis will be ready by then. Mayor Welu expressed his ap- preciation to all those present and moved that the report be filed and made a matter of record, Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. There being no further business Councilman Kolb moved to ad• journ, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: 428 Regular Session, November 5, 1956 ~~ Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ', LEO F. FROMMELT ~i City Clerk. i Approved ................:...............1957 I Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957 i Councilmen : .................................... Attest ................................................ City Clerk Special Session, T ~,n,~ ~ r~ a f ~~ ~ ~ I l j f (~i;! r' I ~~ ~~ „~~. ~e',~ :~ (OFFICIAL) Special Session, November 20, 1956, Council met at 7:30 p.m. Present-Mayor Welu, Council- men Dove, Kintzinger, Kolb, Schu- eller, City Manager Schiltz. Meeting called by order of Mayor Welu. Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is coiled for the purpose of the issuance of sewer bonds, in the principal amount of $600,000, for the purpose of defraying the cost of building and constructing sewers and 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 of meeting for issuance of sewer bonds, presented and read. Coun- cilman Kolb moved that the proof of publication be received and fil- ed. Seconded by Councilman Schu- eller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for public hearing. Proof of publication, certified to by the Publisher, of Notice of Sale of Bonds Dubuque, Iowa, in the amount of $600,000, for the pur- chase of sewer bonds, presented and read. Councilman Kalb moved that the proof of publication be re- ceived and filed, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. No oral bids were received. The following sealed bids were opened and read for the purchase of $600; 000 sewer bonds: The White-Phil- lips Company Inc,, Harris Trust and Savings Bank, The White-Phil• lips Co. Inc,, Iowa-Des Moines Na- tionalBank, on bonds maturing De- cember 1, 1957 to December 1, Jvember 20, 1956 4?,g 1976 inclusive to bear interest at the rate of 3 per cent, Plus a prem- ium of $3,059, Net interest cast $202,891 effective rate 2.9554 per cent. The First National Bank of Chicago, William Blair & Com- pony, The Milwaukee Company oh bonds maturing December 1, 1957 to 1970 inclusive to bear interest at the rate of 3 per cent, from 1971 to 1976 inclusive 2.80 per cent, plus a premium of $282.00, Net cost 2,8946 per cent, The Norther n Trust Company, Quail & Co,, Beck- er & Cownie Inc. on bonds matur- ing from December 1, 1957 to De- cember 1, 1976 inclusive, plus a premium of $660. Gross interest cost $199,085, Net interest cost $198.425, effective rate 2.89038 per cent, Halsey Stuart & Co, Inc., Ba- con, Whipple & Co., Burns, Cor- bett & Pickard, Inc., McDonald Moore & Co. on bonds maturing from December 1, 1957 to Decem- ber 1, 1976 inclusive at the rate of 3 per cent, plus a premium of $1,662.00, Net cost 2.957 per cent, Mercantile Trust Company of St, Louis and Associates: By Ameri- can Trust and Savings Bank, Du- buque, Iowa on bonds maturing from December 1, 1957 to 1965 in- clusive, 3 per cent, 1966 to 1968 in- clusive 23/n per cent, 1969 to .1973 inclusive 3 per cent, 1974 to 1976 inclusive 2,90 per cent, Gross in- terest cost computed upon t h e above rates from December 1, 1956 will be $201,262.50, net interest cost 2.9317 per cent. Mr. James Hurley, representa- tive of The First National Bank of Chicago, requested to see the bid and deposit check of the Northern Trust Company et al, The request was granted and Mr, Hurley a- greed to the lower bid by The Northern Trust Company and asso- ciates. Mayor Welu asked if any one present wished to challenge the low bid of The Northern T r u s t Company and associates, No fur- ther challenges or objections were made. RESOLUTION N0. 228.56 RESOLUTION providing for the sale and award of $600,000 Sewer Bonds and approving and authoriz- ing the agreement of such sale and award, WHEREAS notice of sale of $600,- 000 Sewer Bonds of the City of Du- 'J I' i, ~' ':~ i 430 Special Session, November 20, 1956 buque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a news- paper published in Dubuque Coun- ty; and WHEREAS all sealed bids have been received and placed on file, after which open bids were call- ed for and received, t11e highest of which open bids was as follows: the bid submitted by NONE RE- CEIVED consisting of par and ac- crued interest plus a premium of $-0-, with the bonds maturing in the years -0- to -0-, inclusive, bear- ing interest at the rate of '-0- per cent (0 per cent), inclusive, bear- ing interest at the rate of -0- per cent (0 per cent) per annum; and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by the Northern Trust Company, Quail & Co., Beck- er & Cownie Inc.; consisting of par and accrued interest plus a premi- um of $660,00 with the bonds matur- ing in the years 1957 to 1976, inclu- sive, bearing interest at the rate of Two and nine tenths per cent (2.90 per cent) per annum, and the bonds maturing in the years -0- to •0-, in- clusive, bearing interest at the rate of -0- per cent (0 per cent) per annum; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being duly advised in the premises it is here- by determined that the bid of The Northern Trust Company et al for the purpose of $600,000 Sewer Bonds of said City, dated Decem- ber 1, 1956, as advertised, bearing interest at the rates specified in the preamble hereof, is the highest and best bid received and that said bonds be and the same are hereby awarded to said The N o r t h e r n Trust Company et al. Section 2. That the form of agreement of Salo of said bonds be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to accept and execute the same for and on behalf of the City of Du- buque, Iowa, and to affix the cor- porate seal of said City thereto, Special Session, November 20, 1956 431 $eCtlOn 3, That all resolutions or Iowa, heretofore, pursuant to and in Section 3. That said bonds, eou- arts of resolutions in COIIf]1Ct p strie compliance with all laws appli- pons and provisions for registration herewith be and the same are cable, ]awfully ordered and provided ~ for building and constructing sewers be in substantially the following form: (Form of Bond) herelly repealed in and for said City, the cost whereof , Passed and approved November to the amount of Six Hundred Thou- sand nollara ($6oo,ooD>, is to be paid UNITED STATES OF AMERICA STATE OF IOWA 20 1956. ~ by said City as a whole by the is- suance of bonds; and COUNTY OF DUBUQUE CLARENCE P. WELD Whereas it is necessary and ad- CITY OF DUBUQUE Ma Or Y visable that provisions be made for SEWER BOND the issuance of such bonds at this No, - $1000 Attest: LEO F. FROMMELT time and notice and hearing on the Clt Clerk Y initiation of proceedings for such is- suance has heretofore been given in Know All Men By These Presents: That the City of Dubuque, in the ROCOrded NOVember 21, 1956. manner and form required by Section County of Dubuque and State of Iowa. LEO F. FROMMELT 28-12 of the Code of Iowa, and no petition nur protest has bean filed; for value received, promises to pay to bearer, or if this bond bo rogiatored City Clerk Now, Therefore, Be It Ordained by as to principal, to the registered holder Councilman Ray F. Kolb moved the City Council of the City of Du- buque, Iowa, as follows: - hereof, the sum of One Thousand Dol- Lars ($1000) on the first day of Decem- that said resolution be adopted, Section 1. That pursuant to and as ber, 19-, with interest on eaid sum Seconded by Councilman Charles authorized by Section 896.22 of the code of Iowa, there shall be and there from the date hereof until paid at the rate of Two and nine-tenths per cent A. Kintzinger After due considers- is hereby ordered issued the nego- (2.9D%) per annum, payable semi- , tion the Mayor put the question on tiable Sewer Bonds of said City of Dubuque in the Principal amount of annually on the first days of June and December in each year, interest the motion and the roll being call- $600,000, said bonds to be 600 in num- ber, numbered consecutively from 1 to maturity being payable on presen- tation and surrender of the interest ed the following named Council- to 600, both numbers included, and to coupons hereto attached ae they sev- meri VOted: be dated December 1, 1956. That orally mature. Both principal and bonds of said issue numbered 1 to 600, interest of this bond are payable in Aye: Charles E. Dove, Charles inclusive, shall bear interest from the lawful money of the United States oP A. Kintzinger, Ray F. Kolb, Leo date thereof until paid at, the rate of Two and nine-tenth per cent (2.90%) America at the office of the City Treasurer in and of the City of Du- N. Schueller, Clarence P, Welll. per annum,. and bonds of said issue buque, Iowa. Nays-None. numbered 0 to 0, inclusive, shall bear This bond is one of a series of bands .Whereupon the Mayor declared interest from the date thereof un- til paid at the rate of 0 per cent issued by the City of Dubuque pur- suant to and in strict compliance said resolution duly adopted and (D %) per annum, all of such interest with the provisions of Section 396.22 being payable semiannually on the first and Chapter 76 of the Code oP Iowa signed his approval thereto, days of June and December in each , and in conformity with an ordinance ORDINANCE N0. 53.66 year. Said bonds shall be signed by the Mayor and attested by the City of the City Council of said City duly passed, approved, recorded and pub- An OrdlnanCO AUthOrlZing the 1S- Clerk and the seal of said City af- lished, for the purpose of building and suance of $600,000 Sewer Bonds and fixed, and be registered as to issu•• ante by the City Treasurer and a ter- constructing sewers in and for said City. providing for the levy of taxes to tificate of such registration endorsed Interest on said bonds shall thereon And it is hereby certified and re- ply the Same. . be evidenced by coupons thereto at- cited that all acts, conditions and things required by the laws and Con- Councilman Ray F. Kolb 1ritr0- tached and maturing on the several days when such interest matures stitution of the State of Iowa to exist, dueed and caused to be read lri , which coupons shall be executed with to be had, to be done, or to be per- formed precedent to and in the issue full a prOpOSed Ordlnarice N0, 53- the facsimile signatures of said offi- and said Mayor and said City cials of this bond, were and have been << 56 entitled Ari Ordinance aUthorlZ- , Clerk by the execution of said bonds, properly existent, had, done and per- formed in regular and due form and ing the issuance of $600,000 Sewer shall adopt as and for their Proper signatures their respective facsimile time; that provision has been made f th l Bonds and pTOVldlrig for the levy signatures appearing on said coupons. ar e evy of a sufficient contin- uing annual tax on all the taxable Of tares t0 ay the same", It WaS p Both principal and interest of said bonds shall be payable in ]awful property within said City for the pay- moved by Councilman Ray F. Kolb money of the United States of Amer- ment of the principal and interest of this bond as the same will respective- that the rules requiring Ordirian- inaandtof the City ofeDubuquee Iowa. ]y become due; that the faith, credit, COS t0 bO read In full On three Se - p Said bonds shall be of the donomina- revenues and resources and all the real and personal property of said orate da S be SUS ended and that Y p tion of $1000 each, and shall become due and payable in their numerical City are irrevocably pledged for the Sold OTdlnanCe be nOW placed On' order: $15,000 on December 1, 1957, prompt payment hereof, both principal and interest; and that the total sn- its final adoption. The motion was $20,000 on December 1 of each of tho Years 1958 to 1961, inclusive, $25,000 debtedness of said City, including this bond, does not exceed any constitu- seconded by Councilman Charles' on December 1, 1962. $33,000 on De- tional or statutory limitations A. KIritZlrigeT whereU Ori the Ma- , P comber 1 of each of the years 1963 to 000 on Decom- inclusive and $30 1974 , This bond is subject to registration as t i i y0r put the gUOSt10n Ori the mot10i1 , , , ber 1 of each of the years 1975 and o pr nc pal in the name of the holder on the books of the City and the roll being called, the fol- 1976. Section 2. That each oP said bonds Treasurer of said city, sucn regis- tration to be evidenced by notation lowing named Councilmen voted: be subject to registration as to prin- of said Treasurer on the back hereof, Yeas-Charles E. Dove Charles cipal in the name of the holder on h and after such registration no trans- ~ the books of the City Treasurer, suc for hereof, except upon such books A. Kintzinger, Ray F, Kolb, LOO registration being- noted upon each and similarly noted hereon, shall. be N Schueller Clarence P WeIU bond so registered, and after such valid unless the last registration shall . , , ~ registration payment of the principal have been to bearer, Registration Nays-None. thereof shall be made only to the hereof shall not effect the negotiabil- Whereu on the Ma or declared p Y registered holder. Any bond so reg'is- tered, upon the request in writing of sty of the coupons hereto attached, which shall continue negotiable by de- the mOt10n duly CaTrled and Sald such holder personally or by attorney- livery merely. Ordinance was laced on its final p in-fact, may be transferred either to a designated transferee or to bearer, In Testimony Whereof, said City, by its City Council, has caused this bond adoptl0n. and the principal of any bond so to be signed by its Mayor and at- transferred and registered to bearer tested by its City Clerk, with the seal ORDINANCE N0. 53.56 shall thereupon be and become payable of said City affixed and the coupons An Ordinance authorizing the is- to bearer in like manner as if such hereto attached to be executed with suance of $600,000 Sewer Bonds bond had never been registered. the facsimile signatures of said Mayor and providing for the levy of taxes Registration of any bonds as to prints- and said City Clerk, which officials to pay the same, pal shall not restrain the negotia- by the execution of this bond do Whereas the City of Dubutjiie, in the bility of the coupons thereto attached adopt as and for their proper signa- County of Dubuque and State of, by delivery merely. tures their respective facsimilie sig- 432 Special Session, November 20, 1956 natures appearing on said coupons, all the first day of December, 1956. CLARENCE P, WELU Mayor of the City of Dubuque, Iowa Attest: Leo F. Frommelt City Clerk oP the City of Dubuque, Iowa. (Form of Coupon) A'o . ............. $.............. On ........_....., 19 .., the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer ~... ....~ .......................... Dollars ($................) at the office of the City Treasurer, Du- buque, Iowa, for interest due that date on its Sewer Bond, dated De- cember 1, 1956, No ............._. Mayor Attest: City Clerk (Form for Registration of Ownership) Date Name of Signature oP Registered oP City Registration Owner Treasurer On the back of each band there shall be endorsed a certificate of the City Treasurer in the following form: City's Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of December, 1956. Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds be ex- ecuted as herein provided as soon after the adoption of this ordinance as may be and thereupon they shall be delivered to the Treasurer of said City, who shall register the fact oY the issuance of same in a book pro- vided for that purpose and shall de- liver said bonds to the purchaser as determined by this Council, upon re- ceipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon, and all action heretofore taken in connection with the sale and award of said bonds is hereby rati- fied and confirmed in all respects. Section 5, That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ordered levied on all the taxable property in said City in each of the years while said bonds or any oP them are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there be and there is hereby levied on ali the taxable property in said City the fol- lowing direct annual tax, to-wit: Year of Levy Amount 1956 $32,400.00 1957 36,965.00 1958 36,385.00 1959 35,805.00 1960 35,225.00 1961 39,645.00 1962 4s,92o.00 1963 47,905.00 1964 46,890.00 1966 45,875.00 lsss 44,sso.oo 1967 43,845.00 l9ss 42,s3o.oo 1969 41,315.00 1970 40,800.00 1971 3s,7s5.oo 1972 38,770,00 1973 37,755.00 1974 s1,74o.oD 1975 30,870.00 All action heretofore taken in con= nection with the levy of the taxes hereinbefore provided to be levied in the year 1956 for collection in 1957 is hereby ratified and confirmed in all respects. A certified copy of this ordinance shall be filed with the County Audi- tor of Dubuque County and said Auditor shall be and he is hereby instructed in and for each of the years 1956 to 1975, inclusive, to enter for collection and assess the tax hereby authorized. When annually entering said taxes for collection, the County Auditor shall inclgde the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the pro- reeds of said taxes shall be con- verted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of principal and interest of the bonds hereby author- ized and for no other purposes what- soever. That the principal or interest com- ing dtte at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and re- imbursement be made to such cur- rent funds in the sums thus ad- vanced when the taxes herein pro- vided shall have been collected. Section 6. That all ordinances, resoultions or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved November 20, 1956. CLARENCE P. WELU, Mayor Attest: LEO F, FROMMELT City Clerk Recorded November 21, 1956. Published November 27, 1956. LEO F. FROMMELT, City Clerk Published officially in the Telegraph Herald Newspaper this 27th day. of November 1956. LEO F. FROMMELT, City Clerk lt. 11/27. Councilman Ray F, Kolb moved that said Ordinance be adapted, seconded by Councilman Charles A, Kintzinger, and after due con• sideration thereof by the Council, the Mayor put the question on the motion for the passage and adop- tion of said Ordinance and, the roll being called, the following voted: Yeas-Charles E. Dove, Charles A. Kintzinger, Ray F, Kolb, Leo N, Schueller, Clarence P. Welu. Nays-None, Whereupon the Mayor declared said ordinance duly passed and a- dopted and signed his approval thereto. Mayor Welu moved that the City Treasurer be authorized and direct ed to return the deposit checks to the unsuccessful bidders. Seconded by Councilman Kolb. Carried bye the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Special Session, November 20, 1956 433 November 13, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The 1000 gpm Pumper purchas- ed from the Vivian Equipment Company has been delivered and tested. The machine has met all the re- quired tests and complies with our specifications. Itherefore recom- mend that it be accepted, Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Dove moved that the recommendation of the City Man- ager be adopted. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. November 15, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of surfacing, water mains and sewer have been completed in accordance with the plans and specifications in Moore Heights Subdivision. I recommend that the subdivi- sion be accepted as complete. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of the City Man- ager be approved, Seconded by Councllman Schueller. Carried by the fallowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 15, 1956 To the Honorable Mayor and City Councll, Dubuque, Iowa. Gentlemen: The petition of St. Joseph's Church of Dubuque relative to the installation of a traffic light at the intersection of Concord and High- way No. 20 was referred to the City Manager and Traffic Depart- ment for investigation and report, A petition was submitted to the City Council in 1955 asking for the installation of a traffic light at this same intersection. At that time an investigation was made by the Po- lice and also by the State Highway Commission to determine the feas- ibility and warrants for establish- ing atraffic light at this intersec- tion, Both the Police Department and Highway Commission decided that a traffic light was not justified at this intersection, This same request was investi~ gated after the present petition was submitted. At the time of the investigation, the Police Depar- ment observed the conditions at this intersection over several days while school was in session and al- so over atwenty-four hour period. The opinion of the Police Depart- ment is that present conditions do not warrant a traffic light at this intersection but that the present school signal is serving the pur- pose for which it is placed. There would be much greater danger crossing the highway with a traffic light than the present crossing signal. The State Highway Commission, through Mr. Price, Safety and Traffic Engineer, has reviewed this situation and feels that he can not recommend approval of a traffic light at this intersection. There are some measures that can be taken to improve conditions that exist at this intersection, such as widening of the intersection north of Highway No. ZO and also to construct sidewalks on Concord Street for a distance of one block south of Highway No, 2U, and also to enforce more closely the speed of vehicles in this vicinity. It is felt that if measures are taken to improve the walking con- ditions for children in this vicinity, it will do more for the safety of the children than any other plans, I therefore recommend that the above measures be approved and that the petition for a traffic light be denied, Respectfully submitted, L. J, SCHILTZ, City Manager, Councilman Kolb moved that the recommendation of the City Man- ager be approved, Seconded by Mayor Welu~ Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Khntzinger, Kolb, Schueller. Nays-None, 434 Special Session, November 20, 1956 November 13, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The construction work on ex- tending and widening West 9th Street and the construction of park- ing facilities is progressing and before opening the street, it will be necessary for the City Council to approve several changes. I recommend that Robinson Ave- nue be renamed West Ninth Street and that it be widened to the width shown on the approved plans. I al- so recommend that West Eighth Street be established one way east bound from Hill to White Street and West Ninth Street be establish- ed one way west bound from White Street to its westerly terminus, Al- so that traffic lights be installed an Central Avenue, Iowa, Main, Locust and Bluff Streets, These recommendations are bas- ed on the overall traffic plan previ- ously approved by the Planning and Zoning Commission and the City Council. Very truly yours, L, J. SCHILTZ, City .Manager. Councilman Schueller moved that the recommendation of the City Manager be approved, Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, ORDINANCE N0. 546 An Ordinance Widening Robinson Avenue and Changing the Name thereof to West Ninth Street, pre- sented 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 the reading of an Ordinance on three separate days. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove,. Kintzinger, Kolb, Schueller, Nays-None. ORDINANCE N0. 54.56 An Ordinance Widening Robinson Avenue and Changing the Name thereof to Wost Ninth Street, Be It Ordained By The City Council Of The City Of Dubuque, Iowa: Section 1, That Robinson Avenue, from Bluff Street to University Ave- nue, be and the same is hereby wid- ened to include the entire traveled way, sidewalks and off-street parking areas as the same appear upon the plat for the improvement of West Ninth Street, as approved by Resolu- tion No, 173-5G heretofore adopted by the City Council on the 6th day of August, 1956; Section 2. That the name of Robin- sin Avenue, as hereinbefore widened, be and the same is hereby changed to Weat Ninth Street, Section 3. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced :the 20th day of Novem- ber, 1956.. Rule requiring reading on three separate days suspended by unani- mous vote on the 20th day of Novem- ber, 1956. Passed, adopted and approved this 20th day of November 1966. ' CLARENCE P. WELU, Mayor °'' RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E, DOVE Attest: Leo F, FrommeltCouncilmen City Clerk Published officially in The Tele- graph-Herald Newspaper this 26th day of November 1956. 1t, 11/26 LEO F. FROMMELT City Clerk, Councilman Kolb moved the adoption of the Ordinance. Second- ed Eby Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. ORDINANCE N0. 55.56 An Ordinance Amending Ordi- nance No. 33.49, known as the Traf- fic Code of the City of Dubuque, by adding New Sections 3b, 3c, 4 and 4a to Schedule I thereof, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Councilman Kalb moved that the rules be suspended requiring an Ordinance to be read on three sep- orate days. Seconded by Council- man Schueller, Carried by the fol- lowing vote; Yeas-Mayor Welu; Councilmen Dove, Kintzinger, Kolb, Schueller.: Nays-None., Special Session, November 20, 1956 435 ORDINANCE No. 55-56 An Ordinance Amending Ordi- nance No. 33-49, known as the Traffic Code of the City of Du- buque, by adding new Sections 3b, 3c, 4 and 4a to Schedule I thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1, That Schedule I of Ordinance No. 33-49, known as the Traffic Code of the City of Dubuque, be and the same is hereby amended by adding new Sections 3b, 3c, 4 and la thereto as follows: "SCHEDULE I 3, b. On East Ninth Street from White Street to Central Ave- nue; c. On West Ninth Street from Central Avenue to its wester- ly terminus, 4. Traffic shall move easterly only: a. On Eighth Avenue from Hill Street to White Street," Section 2, This Ordinance shall become effective on a date to be de- termined by the City Manager not less than six (6) months after the adoption thereof, but after required notices and signs have been erected. Notice of such determination shall be published in the Telegraph Herald neNSpaper at least once prior to such effective. date, Passed, adopted and approved this 20th day of November, A. D. 1956. CLARENCE P. WELU, Mayor RAY E KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest; LEO F. FROMMELT City Clerk -Published officially in the Telegraph Herald Newspaper this 2Gth day of November 1956. LEO F. FROMMELT, City Clerk it, 11/2s. 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, November 19, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The construction of West Ninth Street is to the stage that street lights should be installed, Because of the use of West Ninth Street and West Eighth Street from the Hill Street intersection to Bluff Street, I recommend that fifteen 6000 lumen lamps 'be installed on either the existing poles or new poles. Also that the City install'two boulevard lights in the corner is- lands at the intersection of Univer- sity Avenne and Hill Street. All of these lights are to be in- stalled according to the plans that have been submitted' to the City Manager for approval and are'at- tached to this recommendation. , Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Kolb moved that the recommendation of the City Man- ager be approved, Seconded Eby Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None, November 19, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Merle Digman requesting the City to oil Emerson and Prescott Streets was referred to the City Manager. In view of the policy adopted by the City Council regarding the plac- ing of temporary surfacing on streets and after viewing the con- ditions as it exists, I recommend that Emerson Street between Pres- cott and Lincoln Avenue and Pres- cott from Roosevelt to the end of the existing curb and gutter be put on the 1957 Street Program for curb and gutter and street surfac- ing. Respectfully submitted, L. J. SCHILTZ, City Manager. Mayor Welu moved that the rec- ommendation of the City Manager be approved. Seconded by Council• man Dove, Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 19, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Merlo E, Garrett requesting permission to ,install steps on the west side of his build- ing at 1395 White Street was refer- red to the City Manager, Upon investigation it was de• termined that the most satisfac- tory arrangement would Abe to con- struct aplatform 30" wide and ap- proximately 5' long with access steps toward the White Street side, also that a new entrance used for general use be constructed straight 43B Special. Session, NQVember 20, 1956 out toward 14th Street and consist of two steps, Neither the steps or platform will be on the travel portion of the sidewalk. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kolb moved that the report of the City Manager be ac- cepted as the most satisfactory, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, CouncIlmen Dove, Kintzinger, Kolb, Schueller, Nays-None, ORDINANCE N0, S6.56 An Ordinance Authorizing Merle Garrett to Construct a Stoop and Steps on East Fourteenth Street, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Sec- gnded by Mayor Welu. Carried by the follgwing vote; Yeas-Maygr Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, ' lYays-None. ' Cquncilman Kolb mgved that the ' rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Schueller. Carried by the fol- loti~ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. ~, s ~.. ~'; a -_ I ORDINANCE No. 56-56 An ~dinance Authorizing Merle Garrett to Construct a Stoop and Steps on East Fourteenth Street. BE IT ORDAINED BY T$Fi CITY C,CUNCIL OI' THE CITY OF AU- BUQUE: Section L .That Merle Garrett, as owner of the property known as 1398 White Street in the City of Dubuque, Iowa be and he is hereby authorized and granted the right and authority to construct and maintain an en- trance stoop and entrance steps on East Fourteenth Street abutting said -rroperty: Section 2. That stieh construction shall be done in accordance with plans heretofore approved by the City Man- ager, under the supervisign and di- rection of the City Manager and in accordance with all applicable State aAd .Federal Laws and regulations and the Ordinances of the City of Dubuque, Iowa; Section 3. That the permission herein granted is expressly condi- tioned upon the permittee's agree- ment to; a. Assume any and all liability for damages to person or property which may result from the con- struetion and maintenance pf said stoop and steps; b. 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 nobility imposed on the City of Dubuque for damages of any kind resulting from the construc- tion or maintenance of said stoop and steps, sustained by any person or persons, caused by accident or otherwise; to defend at his own expense and on be- half of said City any claim against the City oP Dubuque arising out of the construction or maintenance oP said stoop or steps; Section 4, That the permission herein granted is expressly condi- tioned upon the permittee's further agreement that should the rights and privileges herein granted be rescinded or revolted by the City Council, per- mittee shall, within thirty (30) days after receipt of written notice from the City Manager so to do, at his own expense, remove said stoop and steps and in the event of his failure so to do the City of Dubuque shall be authorized to remove said stoop and steps at permittee's expense and diS- pose of the same, anq permittee shall have no claim against the City or its agents for damages resulting from the removal of said stoop cr steps; Section 5. This Ordinance shall become effective and the rights here- under shall accrue to Merle Garrett when this Ordinance has been adopt- ed by the City Council and the terms and conditions thereof accepted by permittee by acceptance endorsed on this Ordinance. Passed, adopted and approved this 20th day of November, A. D. X956. CLARENCE P. WELU, Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. IfINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph Herald Newspaper this 27th day of November 1956. L);0 ,F, F#IOMMELT, City Clerk lt, 11/27 ACCEPTANCE OF ORDINANCE No. 56-56 Merle Garrett having read and being faminar with th'e terms and conditions of Ordinance No. 56.56, hereby accepts the same and agrees to be bound by the conditions and agreements t1}erein contained to be performed by him. /s/ NXD}{LIj) E. GARifETT lt. 11/27. Councilman Kolb moved the adoption of the Ordinance, Second- ed 'by Councilman Schueller, Car- tied 'by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays.-None, November 19, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Carr, Adams & Collier Company to construct a ce- ment ramp on the south side of 10th Street between Jackson a n d Washingtgn Streets was referred to the Clty Manager. Special Session, November 20, 1956 437 The location of this ramp has been examined and we find' that in this area it is used almost ex- clusively for the movement of lumber carrying vehicles and there would he disadvantage to the city if this ramp were constructed, I therefore recommend t h a t Carr, Adams & Collier Company be granted permission to install this ramp, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kolb. Carried by the following vote, Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. ORDINANCE IdO. 5756 An Ordinance Authorizing Carr, Adams & Collier Company to Con- struct aRamp and Loading Dock on Tenth Street, presented a n d read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuelt~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 Qrdinance to be read on three sep- arate days. Carried by the fallow- ing vote; Yeas-Slayor Welu, Councilmen Dove, Kintzinger, Kolb, SChuell~er, Nays-None, ORDINANCE N0, 57.55 An Ordinance Authorizing Carr, Adams & Collier Company to Con- struct a Ramp and Loading Dock on Tenth Street. Be It Ordained Ry The City Council Of The City Of Dubuque, Iowa. Section 1. That Carr, Adams & Collier Company of Dubuque, Iowa be and it is hereby authorized and grant- ed the right and authority to con- struct and maintain a ramp and load- ing dock on the south side of Tenth Street between Jackson and Washing- ton Streets; Section 2. That such construction shat] be done in accordance with plans heretofore submitted by permittee and approved by the City Manager, under the supervision and direction of the City Manager and in accord- ance with all applicable State and Federal Laws and regulations and thn Ordinances of the City of Dubuque; Section 3. That the permission herein granted is expressly condi- tioned upon permittee's agreement to; a. Assume any and all liability for damages to persons or property which may result from the construc- tion or maintenance of said ramp or loading dock; b. To pay on behalf of the City o4 Dubuque al] sums which the City of Dubuque shall become obligated to pay by reason of the liability impos- ed upon the City of Dubuque for dam- ages of any kind resulting from the construction or maintenance of said ramp or Loading dock, sustained by any person or persons, caused by ac- cident or otherwise; to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the construc- tion or maintenance of said ramp and loading dock; Section 4. That the permission herein granted is expressly Condition- ed upon the permittees further agree- ment that should the right and privi- leges herein granted be rescinded or revoked by the City Gouneil permit- tee, or its successor in interest, as owner of the abutting property, shall within thirty (30) days after receipt of written notice from the City Man- ager so to do, at its own expense„ remove said ramp and loading doclt and .in the event of its failure so to do the City of Dubuque shall be authorized to remove said ramp and loading dock at permittee's expense and .dispose of the same and permit- tee shall have no claim against the City, or its agents for damages re- sulting from the removal of said ramp and loading dock; Section 5. This Ordinance shall be- come effective and the rights here- under shall accrue to Carr, Adams & Collier Company when this Ordinance has been adopted by the City Coun- cil and the terms and conditions thereof accepted by permittee by ac- ceptance endorsed on this Ordinance. Passed, adopted and approved this 20th day of November, A. D, 1966, CLARENCE P. WELII, Mayor RAY F. 1{OLB LEO N, SCHUELLER CHARLES A. KiNTZINGER CHARLES E. DOVE CcunCllmen Attest: Leo F. Framme]t City Clerk lt. 12/10 ACCEPTANCE OF ORDINANCE N0. 57 56 Carr, Adams & Collier Company, having read and being familiar with the terms and conditions of Ordinance No. 67-56, hereby, for itself and its successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by per- mittee. CARR, ADAMS & COLLIER COMPANY, By /s/ Paul L. Adams Vice President /s/ Wayne A. Norman Asst. Seeretary Published officially in The Tele- graph-Herald Newspaper this 10th day of December 1956. LEO F. FROMMELT lt, 12/10 City Clerlt. Councilman Kolb moved t h e adoption of the Ordinance. Second- ed by Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None. '~~~ 438 Special Session, November 20, 1956 November 19, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The State Department of Health sent the City of Dubuque, at our request, an application fora fed- eral grant for sewage treatment works for funds made available to cities under the Federal Water Pollution Control Act, The maximum amount of money that can be allocated to any one project is $250,000,00 or 30 per cent of the total cost of the project, In as much as the State Board' of Health has called to the atten- tion of the City Council the pol- lution of water in the Mississippi River and in order that the City of Dubuque could construct sew- ers, the Council has agreed to pro- ceed with the proper plans a n d construction of a sewage treatment plant, I recommend that the City Man- ager be authorized to file t h i s application and that proper author- ization by the City Council be giv- en. Respectfully submitted, L, J, SCHILTZ, City Manager. Councilman Kolb moved that the Manager be authorized to execute the application, Seconded by Coun• Gilman Kintzinger. Carried by the following vote; Yeas-Mayor W~elu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. November 20, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The attached agreement is be• tween the City of Dubuque and' Mr, and Mrs, Richard Hirsch for the construction of a six (6) inch sanitary sewer in Davis Street, As stated in the agreement, the sewer will be constructed by Mr, Hirsch to serve as a house connection to Lot 1 of 2 of 2 of Richeson Davis Avenue Place; and at any time when this sewer is extended be- yond this lot and a manhole con- structed by Mr. Hirsch will be- come aportion of the City's sewer system, The Purpose of this "Agree- ment" is to alleviate any unfor- se~en difficulties which may occur at the time this sewer is extended. I recommend that the agreement be received and filed as a matter of Public Record. Sincerely, L. J, SCHILTZ City Manager, AGREEMENT An agreement between Richari Hirsch and the City of Dubuque for the construction of a six (fi) inch sanitary sewer in Davis Street from the existing six inch sani- tary sewer easterly to Lot No. 1 of 2 of 2 of Richeson Davis Avenue Place, providing the following con- ditions are agreed upon; 1, That said sewer bye construct- ed in accordance with plans and specifications approved by t h e City Manager and under the super- vision and direction of the City engineer. 2, That Mr. Hirsch agrees to construct said sewer and to pay the entire cost thereof, 3. That Mr, Hirsch shall relin- quish all rights of a connection charge at the time the sewer is extended beyond the point where this sewer is terminated'. 4, That at the time this sewer is extended beyond Lot 1 of 2 of 2 of Richeson Davis Avenue Place and a manhole is constructed at the terminus of the sewer, Mr. Hirsch shall provide by this agree- ment that his portion of t h i s sewer shall be turned over to the City of Dubuque as a City sewer to be maintained by the City of Dubuque. 5, That this agreement shall be binding upon the undersigned its purchasers and assigns forever, CITY OF DUBUQUE, IOWA by L. J, SCHILTZ City Manager (s) Richard Hirsch (s) Marilyn J, Hirsch Mr, and Mrs, Richard Hirsch 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, Kalb, Schueller, Nays-None, Special Session, November 20, 1956 439 November 20, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; This is to advise that I have approved the following bonds and policies and desire to have your approval on same for fiing, sub- ject to the approval of the City Solicitor; PERSONAL Lester M, Harney, Airport Com• missioner, American Surety Com- pany Wm, Clemens, Jr,, Airport Com• missioner, American Surety Com- pany HEATING CONTRACTOR Joseph J, Eisbach, Bond No, 28214 13 2652 54 U,S, Fidelity and Guar- anty Co, J, A. Neymeyer Company, Hawk- eye Security Ins, Ca. MAINTENANCE Kenneth W. Gabor, d-b-a K, W. Gaber Construction Co. (Sanitary Sewer and Storm Sewer in South- gate Subdivision), Bond No. 273082 American Casualty Co, of Reading, Pennsylvania, EXCAVATION C, G. McDonnell, d-b-a McDonnell Excavating Service, Policy No, ARL 2703619 Continental Casualty Co. Dallas Bush, Policy No. M&C 25- 100465, The State Automobile Ins, Assn, Dorrance Coyle d'-b-a East Du- buque Sand & Gravel Co. a n d Coyle Construction Co., Policy No, 237815, Hawkeye - Security Tns, Co, Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the bonds and policies should be filed subject to the approval of the City Solicitor, Seconded by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, November 14, 1956 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Richard 0, Kringle, 2222 Cherry Street, for injuries to his dough- ter, Mary Kringle, sustained when she fell from her bicycle in the 2200 block on Cherry Street and find that the same should be al- lowed in the amount of $18, as claimed, I therefore recommend that the claim be allowed and the Auditor instructed to issue a warrant in the amount of $18, payable to Rich- ard 0. Kringle and deliver the same to him upon receiving apro- perly executed release, executed by both parents of Mary Kringle, individually, and as natural guar- dians for said minor. Respectfully submitted, T. H, NELSON ce to Mr. Kringle Councilman Dove moved that the recommendation of the City Solici- tor be approved and the Auditor instructed to draw a warrant in the amount of $18, payable to Rich- ard 0, Kringle and have a release signed by bath parents of Mary Kringle, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Mayor Welu moved that Cherry street be included for viewing by the Council on their next t r i p around the City when viewing grounds, as the result of injury to the Kringle child'. It is very pos• sible that this would not have happened had Cherry street not been deleted from the City 1956 street surfacing program. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 19, 1956 Han. Mayor and Members of tho City Council, City of Dubuque, Iowa., Gentlemen; . I have negotiated with Mr. Wil- liam Fuerste, attorney for Ruth Lopez, regarding the settlement of her law suit now pending in the District Court. The action arises out of a fall on the sidewalk on West Fourth near Bluff on December 24, 1955, Investigation shows that there was ice on the sidewalk, probably 440 Special Session, November 2d, 1956 of long standing, and that Mrs, Lopez incurred a substantial in- jury, including medical expenses and pain and suffering. We have agreed on a settlement in the amount of $1350. I recom- mend that this settlement. be ap- proved and the Auditor instructed to issue a warrant payable to Mrs. Ruth Lopez and William C, Fuer- ste, her attorney in the amount of $1350 and deliver the same upon receipt of a properly executed re- lease, Respectfully submitted, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and the Auditor instructed to issue a war- rant payable to Mrs. Ruth Lopez and William C. Fuerste, her attor- ney in the amount of $1350. and deliver the same upon a properly executed release. Seconded by Councilman Dove. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 14, 1956 Han, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; I have examined the claim of Dean Jungferman, 450 West Fifth Street, for injuries sustained from a fall near the sidewalk at the northwest corner of West F i f t h Street and Bluff Street on October 12th, 1956 and can find no liability ~ on the part of the City and there- fore recommend that the same 'be denied, ~ Respectfully submitted, T, H. NELSON N;S cc to Mrs. Jungferman j Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Second- ed by Councllman Dave, Carried '' by the following vote; Yeas-Mayor Welu, Councilmen j Dove, Kintzinger, Kolb, Schueller. Nays-None. ~~ November 14, 1956 Hon. Mayor and Members ~~ of the City Council, City of Dubuque, Iowa, Gentlemen: l have examined the claim of Clara Schon and Helen Schon, 835 Euclid Street, for damages result- ing from abacked-up sewer and can find no negligence on the part of the City contributing to the claimed damages, and therefore, recommend that the claim be de- nied, With regard to the portion of the claim alleging that the sewer system in the area is inadequate, the same does not appear to come within the scope of the functions of this office and I recommend that the same be referred to the appropriate officer or body. N;S Respectfully submitted, T, H. NELSON Councilman Kalb moved that the of the City Solicitor be approved, Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen. Dove, Kintzinger, Kolb, Schueller. Nays-None. , November 16, 1956 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: It has been a practice in t h i s County, dating back for many years for the County Auditor to accept plats subdividing real estate into two or more parcels without com- pliance with Chapter 409 being re- quired. It has further -been t h e practice for many years to take. advantage of this interpretation to record two or more plats simul- taneously which effect the subdivi- sion of one piece of land into four or more parcels, As you know, Chapter 409 of the Code requires the approval of the City Council and the City Pia n Commission of any plat subdivid- ing land into lots and blocks with- in the City or within one mile of the City limits, This requirement is necessary in the interest of good planning and orderly development of the City. Failure to meet this requirement is creating a prob• lem in confusing real estate de- scriptions and bodge podge devel- opment that often creates prab- lems for the Board of Adjustment to solve, So far as I can ascertain, this is the only City in which subdivi• Sion in this manner is permitted: In my opinion these plats are of- ten an obvious evasion of the law and are illegal, Special Session, November 20, 1956 441 Section 409,16 provides; "Void plat -action to annul, In case any plat shall be filed and recorded in violation of sections 409.14 and 409,15, the same shall 'be void, and the mayor of any city who shall 'be authorized so to do 'by resolution of the council having au- thority to approve such plat, may institute a suit in equity in the dis- trict court in which suit the court may order such plat expunged from the records." $ectian 4D9.45 provides: "Sale or lease without plat. Any person who shall dispose of or offer for sale or lease any lots in any town, or ad- dition to any town or city, until the plat thereof has been acknowledg- ed and recorded as provided in this chapter, shall forfeit and pay fifty dollars for each lot and part of lot sold or disposed of, leased, or offered for sale." I therefore recommend that ac- tion be taken under the provisions of Section 409.16 or 409,45 in the case of any future plats filed as an obvious evasion of Chapter 409 and the Subdivision Ordinance. Respectfully submitted, T, H. NELSON Mayor Welu moved that the rec- ommendation of the City Solicitor be approved. Seconded by Council- man Kintzinger, Carried'by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Communication of Dubuque Mu- nicipal .Airport requesting t h e Council to amend the 1956 Munici- pal Airport Budget from $116,000 to $127,500 due to Federal Funds received, presented and read, Coun- cilman Schueller moved that the communication be referred to the City Manager for consideration at the time of amending the budget, Seconded 'by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None, Notice of County Board of Super- visors of $745.92 tax due to the school district of Table M o u n d Township on lands belonging to the City of Dubuque Airport, pre- sented and read, Councilman Kint- zinger .moved that the notice be received and made a matter of record, Seconded by Councilman Dave, Carried 'by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Communication of Poter F, Roan, City Manager of Iowa City, expressing his concern relative to a decision recently rendered by the District Court, in the case of Iowa Illinois Gas and Electric Company and the City of For t Dodge, which will prove to be very unfavorable to every City in the State, and if allowed to stand will result in statewide increases in all utility rates, presented a n d read. Councilman Kintzinger mov- ed that the communication Abe re- ferred to the City Council, City Manager and City Solicitor for fur- ther consideration and that t h e Council be authorized to investi- gate and report back to the Coun- cil before any action is taken. Sec- onded by Councilman Dove, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Communication of the Iowa Engi- neering Society extending an invi- tation to attend a workshop on pro- posed revision of State H o u s i n g Law for Building Officials a n d Health Officers to Abe held at Iowa State College on November 27,1956, presented and read, Mayor Welu moved that Building Commissioner Bandy attend this workshop upon the verbal recommendation of the City Manager, Seconded ~by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Communication of Board of Dock Commissioners submitting an ease- ment Plat secured from Raymond P. Furry for a storm sewer to Abe constructed across the southeaster- ly side of his property 'being Lot 178 in Hams Addition on Farragut street, between Garfield Avenue and Peosta street, .presented and read. Councilman Schueller moved that the plat be received and fil- ed. Seconded by Councilman Kint- zinger, Carried by the following vote: 44L ~peciaj Session, November' 2b, 1956 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Board of Dock Commissioners submitting photostatic e o p y of Lease and Agreement and Plan of Pleasure Boat Harbor, dated Octo- ber 29, 1956, between the Dack Board and Dubuque Marina Inc., for a period of ten years from January 1, 1957 to December 31, 1966, presented and read, Council- man Kolb moved that the Lease and Agreement be received and filed. Seconded ~by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0, 58.5b An Ordinance Amending Ordi- nance No. 33.49, known as the Traffic Cade of the City of Du- bisque, Eby adding new Sections 75 and 76 to Schedule VI thereof, and adding new Sections 12.8 and 15.28 thereto, presented and read. Coun- cilman Kolb moved that the read- ing just had be considered the first reading of the Ordinance. Second- ed by Councilman Dave. 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 Dove. Carried by the follow-' ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, ORDINANCE No. 58-56 An ordinance Amending Ordinance No. 33-49, known as the Traffic Code of the City of Dubuque, by adding new Sections 75 and 76 to ' Schedule VI thereof, and adding hew Sections 12.8 and 15.28 there- ' tn, BE IT ORDAINED BY THE CITY COUNCIL OF CrPY OF DUBUQUE,',' IOWA; Section 1. That Schedule VI of Ordinance iVo. 33-49, known as the Traffic Code, be and tha same is hereby amended by adding new Sec- tions 75 and 76 thereto as follows: ''SCHEDULE VI 75. On the east side of Henion Street from Loras Boulevard to Helena Street; 76. On the south side of East Six- teenth Street from Cedar Street to Sycamore Street." Section 2. That Ordinance No. 33-49, known as the Traffic Code of the City of Dubuque, be and the same . is hereby amended by adding a new Section 12.8 thereto as follows: "12.8-The City Manager is hereby authorized and directed to cause to be erected "stop" signs within the intersection of University, Hill Street, Eighth Avenue and West Ninth Street, at such loca- tions as he may determine necessary in the interest of safety and after such signs have been erected drivers of vehicles shall obey such signs in the manner required by Section 12.4." Section 3. That Ordinance No. 33- 49, known as the Traffic Code of the City of Dubuque be and the same is hereby amended by adding a new Sec- tion 16.28 thereto as follows:. "16.28-The City Manager is hereby authorized and directed to cause the traffic lanes with- in the traffio islands at the intersection of University, Hill Street, Eighth Avenue and West Ninth Street, to be marked to indicate the permitted direction of trav- el on such lanes and there- after drivers of vehicles shall operate their vehicles only in the direction so in- dicated." Section 4. This Ordinance shall be in full force and effect from and af- ter its final passage, adoption and publication as by law provided. Introduced. the 20th day of No- vember, 1966. Rule requiring reading on three sep- arate days suspended by unanimous vote the 20th day of November, 1966. Passed, adopted and approved this 20th day of November, 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 26th day of Novembe o1FSFrommelt City Clerk lt. ll~zs. Councilman Kolb moved the adoption of the Ordinance. Second- ed by Councilman Dove, Carried by the following vote: Yeas-Mayor Welu,' Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0. 59.5b Ah Ordinance Naming Kerrigan Road, presented and read, Council- man Kolb moved that the reading just had 'be considered the first reading of the Ordinance, Second- ed Eby Councilman Schueller. Car- ried 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- Special Session, November 20, 1956. 443 crate days. Seconded by Council- man Schueller. Carried 'by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE No. 59-66 AN Ordinance Naming KERRIGAN ROAD Whereas the late Frank Kerrigan, during his years of public service, and particularly during the time he served as a member of the Iowa State Highway Commission, performed many civic works which have left an enduring memory in the minda of his fellow citizens throughout the State of Iowa; and Whereas the City Council of the City of Dubuque deems it fitting and proper that a lasting tribute be es- tablished in honor to that memory; NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1, That the extensions of U. S. Highways 52, 67, 61 and 151, as the same are now being relocated and improved by the State of Iowa, within the City oP Dubuque, from Southern Avenue to the City limita be and the same is hereby designated and named "Kerrigan Road"; Section 2. That this Ordinance be in full force and effect upon the ac- ceptance of said Portion of said im- provement by the State of Iowa and the establishment of the same as a City street. Passed, adopted and approved this 20th day of November A. D. 1956. CLARENCE P. WELU, Maym~ RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E, DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph Herald Newspaper this 26th day of November, 1956. LEO F. FROMMELT, City Clerk lt. 11~2s, 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. RESOLUTION N0. 22b-5b Whereas the City Council has heretofore adopted Ordinance No, 7.51 vacating certain streets and alleys in East Dubuque Na. 2 in the City of Dubuque; and Whereas; one of the conditions of said Ordinance was the submis- sion of a plat of the vacated streets assigning lot numbers to the vacat- ed. area; anvil Whereas, A, Y. McDonald Mfg, Co, has prepared and submitted such a plat; and Whereas, the delay in submitting said plat was caused by the neces- sity to clear up certain ambiguities arising out of said vacations which ambiguities have been reconciled; and Whereas the City Council has examined said plat and finds the same shows the intent of said Ordi- nance; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of said' vacated areas submitted by A, Y. McDonald Mfg, Co, be and the same is hereby approved and the Mayor and City Clerk authorized and directed to execute the same on behalf of the City of Dubuque, Passed this 20th day of Novem- ber, 1956. CLARENCE P. WELU Mayor RAY F, KOLB LEO N, SCHUELLER. CHARLES A. KINTZINGER CHARLES E, DOVE Councilman 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. b0.56 An Ordinance approving a Plat of Lot 1 and 2 of A, Y, McDonald Mfg. Co, Place and Authorizing a quit claim deed thereto and accept- ing the streets dedicated therein, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance, Sec- onded 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, Carried by the fal- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Councilman Kolb moved that a public hearing be held on the Ordi- nance on December 17, 1956, at 444 Special Session, November 20, 1956 7:30 p.m, in the Council Chamber and that the City Clerk be instruct- ed to publish notice of the hearing in the manner requirev~l by law. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Council proceedings for t h e month of June and July 1956, pre- sented for approval, Councilman Schueller moved that Council pro- ceedings far the months of June and July 1956 be approved as print- ed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. Notice of claim of Wrn, Kisting, in the amount of $7.50, as the re- sult of the sewer backing up into his basement at 690 O'Neill street on November 5, 1956, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Coyle Construction Co, to excavate in the streets and alleys of the City, presented and read, Councilman Kolb moved that the request be granted providing a proper insurance policy is furn- ished. Seconded by Mayor Welu. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller, Nays-None. Petition of Mrs. Joseph Schu- kert of 2651 Fulton street, request- ing patch street repair on Monroe and Fulton streets, presented and read, Councilman Dove moved that the petition be referred to the Council to view the grounds. Sec- onded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Laura E, Hohmann et al requesting the installation of a street light on the southeast cor- ner of Forest Lane and Nevada street, presented and read. Coun- cilman Kolb moved that the peti- tion Abe referred to the City Man- anger and Electrical Inspector for investigation and report, Second- ed Eby Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of John B. Link and George M. Haas requesting vaea- tion of Mills street, presented and read. Mayor Welu moved that the petition be referred to the Plan- ning & Zoning Commission, Sec- onded :by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Frank Smith request- ing arefund of $50. on the unexpir- ed portion of his cigarette License No, 272, ~as~ 'he has discontinued business as of October 13, 1956, presented and read. Councilman Kolb :moved that the request be granted and the auditor instructed to draw a warrant in the amount of $50, payaible to Frank Smith, to cover the unexpired portion of his cigarette License No, 272. Second ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Schueller & Company requesting an extension of time of 30 days for completion of the im- provement of Ninth street develop- ment, presented and read. Council- man Dove moved that an exten- sion of time Abe granted not to ex- need fifteen days. Seconded by Ma- yor Welu. 'Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of Oliver H. Nagel, re- questing permission to install con• erete steps at 55 East 9th Street, presented and read, Mayor Welu moved that the petition Abe refer- red to the City Manager. Second- ed 'by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Pmof of Publication, certified to by the Publisher, of Statement of Receipts and list of claims for which warrants were drawn during the months of October 1956, pre- sented and read. Councilman Kolb Special Session, November 20, 1956 445 moved that the proof of Publica- tion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor We1u, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. November 19, 1956 To the Honorable Niayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the "City of Dubuque 1956 Concrete Curb and Gutter Project No. 1" under con- struction ~by the Thomas Flynn Coal Company has been completed in accordance with the plans and specifications, I, therefore, recommend the ac- ceptance of the improvement. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Korb moved that bhe recommendation of the City Man- ager be approved. Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Drive, Kintzinger, Kolb, Schueller. Nays-None. FRQAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION NO. 227.56 WHEREAS, the contract for the City of Dubuque 1956 Concrete Curb and Gutter Project No, 1 has been completed and the City Engi- neer hays submitted his final esti- mate showing the cost thereof in- cluding the cost of estimates, not- ices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That fihe cost of said improve- ment is hereby determined to be $55,301.14. That $43,660,99 of the cost there- of shall be assessable upon private property and $14,640,15 shall be paid from the Street Construction Fund of the City of Dubuque, Passed, adopted and approved this 20th day of November 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 adap- tian of the resahition, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, [A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) City of Dubuque, Iowa RESOLUTION N0. 228.56 WHEREAS, the contract far the improvement of City of Dubuque 1956 Combination Curb & Gutter Project No. 1 Asbury Street from the w e s t property line of Carter Road to the West Corporation Limits. Born Avenue from south proper- ty line of Lenox Avenue to the South property line of Indiana Ave- nue, Chaney Road from the s o u t h property line of Hillcrest Road to the north property line of Pennsyl- vania 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. 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 Mont- crest Street, has been completed ands the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, n o w therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said ~.. ._ 446 Special Session, November 20, 1956 improvements be and the same is hereby accepted and the City Engi- neer be and is hereby directed to prepare a plat and schedule show- ing the lots or parcels of real es- tate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to b~e realized from the sale of street improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percen- tage provided for therein, Passed, adopted and approved this 20th day of November, 1956, Approved; CLARENCE P, WELD Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE Councilmen Attest; LEO F, FROMMELT City Clerk Mayor Welu moved that the reso- lution be adopted and the date of hearing for levy be set for Decem- ber 17, 1956. Seconded by Council- man Kolb, Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, November 6, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise you that the City of Dubuque 1956 Bituminous Concrete Surfacing Project No, 1 under construction of the Mulgrew Blacktop Inc,, has been completed in accordance with the plans and specifications. I therefore recommend the ac- ceptance of the improvement, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of the City Man- alter be approved, Seconel'ed by Mayor Welu, Carried by the fo1- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, .Kolb, Schueller. Nays-None, FINAL ESTIMATE CITY OF DUBUQUE, IOWA , RESOLUTION N0. 229.56 WHEREAS, the contract for the City of Dubuque 1956 Bituminous Concrete Surfacing Project No, 1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, not- ices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $75,479.94, That $70,206,76 of the cost thore- of shall be assessable upon private property and $5,273.18 shall h~e paid from the Street Construction Fund of the City of Dubuque, Passed, adopted and approved this 20th day of November, 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 Schueller, Carried. by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice,) City of Dubuque, Iowa RESOLUTION N0, 230.56' WHEREAS, the contract for the improvement of City of Dubuque 1956 Bituminous Concrete Surfac- ing Project No, 1 Apple Street from the south prop- erty line of Cleveland Avenue to the north property line of Rush St, Asbury Street from the w e s t property line of Carter Road to the west corporation limits. Special Session, November 2b, 195ti 44sI Cax Street from the north prop- erty line of Chestnut Street to the south property line of Kirkwood St. West 8th Street from the east property line of Wilson Avenue to the east property line of Air Hill St. Green Street from the east prop- erty line of Bunker Hill Street to the west property line of Avoca St, Hoyt Street from the north prop- erty line of Ungs Street to the north end of Hoyt St. Pear Street from the south prop- erty line of Cleveland Avenue to the north property line of Rush St, Prescott Street from the north- east property line of Ascension Street to the northeast property line of Hamilton St, Quince Street from the s o u t h property line of Cleveland Avenue to the north property line of Rush St. St, Mary's Street from the south property line of West 3rd Street to the north property line of Emmett Street. Ungs Street from the west prop- erty line of Clarke Drive to the east property line of Avoca Street, Woodworth Street from the north property line of Lowell Street to the south property line of Montcrest St. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued upon the above described improvement in the amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of November, 1956, 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 adoption of the resolution and set the date of hearing for levy for December 17, 1956 at 7:30 o'clock p, m. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0, 231.56 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 Council of the City of Dubuque that the following applications be grant- ed and licenses are to be issued up- on the compliance with the terms of the ordinances of this city, CLASS "B° PERMIT FOR PRIVATE CLUB Name Address American Veterans of W o r l d War II, Dubuque Post No. 3 (Am- vets), 429 Main Street, CLASS "C" PERMIT Mrs, Agnes Zahina, 2649 Windsor Avenue. Passed, adopte~l~ and approved this 20th day of November, 1956. CLARENCE P. WELU, Mayor RAY F, KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER CHARLES E, DOVE Councilmen Attest: LEO F. FROMMELT City Clerk 448 Special Session, November 20, 1956 ~ Councilman Kolb moved the tral are being imposed upon by adoption of the resolution. Second- the. employees working in the area ed by Councilman Schueller. Car- utilizing the available parking that ried by the following vote; should be used to service the pla• Yeas-Mayor Welu, Councilmen ces of business, Seconded by May- . Dove, I{intzinger, Kolb, Schueller, or Welu. Carrievd by the following Nays-None, vote; RESOLUTION NO. 232.56 Yeas-Mayor Welu, Councilmen ' WHEREAS heretofore applica- Dove, Kintzinger, Kolb, Schueller. , tions for Beer Permits were filed Nays-None. There being no further business by the within named applicants Councilman Kolb moved to ad• and they have received the approv- journ, Seconded by Mayor Welu. al of this Council; and Carried by the following vote: WHEREAS, the premises to be yeas-Mayor Welu Councilmen occupied by such applicants have , Dave, Kintzinger Kolb, Schueller. been inspected and found to tom- , Nays-None. ply with the ordinances of t h i s City arnd they have filed proper LEO F, FROMMELT - bonds: NOW, THEREFORE, City Clerk. BE IT RESOLVED by the City Approved .. : 1957, Council of the City of Dubuque that .... ......... ......... ....... the Manager be and he is directed Adapted ......:...............................1957, to issue to the following named ap- ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, plicants a Beer Permit. CLASS "B" PERMIT FOR PRIVATE CLUB ~..~.~.~~~~~..~..~...~..."...~.~~..~. Name Address American Veterans of W o r l d Councilmen ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, War II, Dubuque Post No, 3 (Am- vets), 429 Main Street, CLASS "C" PERMIT Mrs. Agens Zahina, 2649 Wind- sor Avenue. ..................:............:...... BE IT FURTHER RESOLVED Attest ; that the bonds filed by such appli- ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ~~~~ City Clerk cants be and the same are here- . by approved. Passed, adapted and approved this 20th d'ay of November, 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 Schueller, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Councilman Dave moved that a review be made of a written peti• tion formerly made by the Hartig Drug Co, et al, relative to restrict- ed parking at 22nd and Central ave- nue, It seems that the business men in the area of 22nd and Cen- llegular Session, December 3, 195' 44,9 o t~,n '~~~ p ~ t ?f F ~ ~j ,~ ~~~~ ~ i .~ ~ ~ ~' L ~'_~; I:'~r OFFICIAL Regular Session, December 3, 1956. Council met at 7:30 p,m, Present-Mayor Welu, Council- men Dove, Schueller, City Man- ager Schiltz. Absent-Councilman Kintzinger, Kolb. Mayor Welu stated that this is the regular monthly meeting of the City Council far the purpose of act- ing 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! spe- cifications, form of contract and cast. of improvements, for the con- struction of the Rockdale Road, Fax Drive and Blackhawk Drive Sanitary Sewer consisting of an eight (8) inch sanitary sewer be- ginning at Lot 2 of 2 of i of J, C. Scully Subdivision and Lot 2 of 2 oflof2oflofloflofloflofl of 1 of 2 of the Subdivision of Min- eral Lot 12 thence. southerly paral- leling Rockdale Road to Lot 1 of Glenview Subdivision, thence east- erly through Lots 1, 2, 3, 4 and 5 of Glenview Subdivision to a point on Lot 5, thence beginning in Lot 21 of Glenview Subdivision norther- ly and easterly through Lots 5 to 21 inclusive of Glenview Subdivi- sion,, thence easterly to the exist- ing.. manhole located on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3, presented and read, Councilman Dove moved that the proof of pub- lication be received and filed, Sec- onded. by Councilman Schueller. Carried. by the following vote: Yeas-Mayor WeIu, Councilmen Dove,. Schueller. Nays-None, Absent-Councilmen Kintzinger,.. Kalb,.. Communication of Marshall L. Gydall E: Kahl, objecting to the distribution of the cost and Ioca- tion of the proposed Rockdale Road, Fox Drive,. and Blackhawk Drive sanitary sewer, presented' and read. Mayor Welu moved that the objections be overruled. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays-None, Absent-Councilmen Kintzinger, Kolb. Decision of Council upon objet tions to plans, specifications, form of confracf and cost of improve manta. RESOLUTION N0. 233.56 WI$EREAS, proposed plans and specifications and form of contract for the constrnetion of the Rock- dale Road, Fox Drive, and Black- ; hawk. Drive Sanitary Sewer con- ; sisting of an eight (8) inch sanitary sewer beginning at Lot 2 of 2 of 1 of J. C, Scully Subdivision and. Lo't 2of2oflof2afloflaflofl of 1 of 1 of 1 of 2 of the Subdivision of Mineral Lot 12 thence southerly paralleling Rockdale Road to Lot 1 of Glenview Subdivision,. thence easterly through Lots 1, 2, 3, 4, and 5 of Glenview Subdivision to a point on Lot 5, thence beginning in Lot 21 of Glenview Subdivision northerly and easterly through Lots 5 to 21 inclusive of Glenview Sub- division to the previous point on Lot 5 of Glenview Subdivision, thence easterly to the existing manhole located on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3 have been approved by the City ' Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Cade of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all" objec~ tions to said plans, specifications or contract for or cost of such im- provements, said. time being. this 3rd day of December, 1956; and WHEREAS, the City Council met in regular session this 3rd day of ' December, 1956; at 7,30 o'c1o0k p, m, at the Council Chambers in the City Hall for the purpose of flear- 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 propos- e ed to be made; and WHEREAS, all interested par- tes have been given an opportun-