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1954 September Council ProceedingsRegular Session, September 7th, 1954 525 j. 0 ;~; w~ ;)~ CITY COUNCIL Regular Session, September 7th, 1954, Council met at 7:30 P.M. Present-Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. City Manager Schiltz. Absent- Councilman Austir-, Mayor Schueller stated that this is the regular monthly meeting of the City Council for the .purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed revised plans, specifications and form of contract for the construction of a swimming pool to be located in Flora Park, presented and read. No written objections filed and no ob- jectors present in the Council Chamber at the time set for said public hearing. Councilman Kolb moved that the proof of publica- tion be received and filed. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin, Decision of Council upon objec• Lions to plans specifications, form of contract and cost of im- provements RESOLUTION N0. 285.54 Whereas, proposed plans and the City Hall for the purpose of hearing all interested parties and considering; any and all objections which have been fed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun- cil of the City of, Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 7th day of September, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY,F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ~. Carried Ter, Coun- Welu. Tustin. rement) 176.54 ised plans, contract d and ap- icil of the 'e now on City Clerk things an instruction be located 526 Regular Session, September 7th, 1954 Be It Therefore Resolved that the City Council 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 pro- posed resolution have on file with the City Clerk objections to the amount of the proposed cost of im- provements, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the revised plans and specifi- cations which have been prepared therefore by Paul Rossiter, Archi- tect, 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 improvement will be paid from the Swimming Pool Bond Issue Fund and in an amount not to ex• ceed the amount provided by law. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 10th day of August, 1954. Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V. AUSTIN .. Councilmen Attest: J. J. SHEA, City Clerk The .foregoing resolution was finally passed and adopted, as pro- posed this 7th day of September, 1954, LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilmen Welu moved the adoption of the resolution. Second- ed by Councilman Kalb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, (Ordering Construction) RESOLUTION N0. 286.54 Be It Resolved By The City Council Of The City Of Dubuque that pursuant 'to a resolution of necessity No. 276.54 which was duly passed by this Council, for the construction of a Swimming Pool to be located in Flora Park be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im- provements be paid for by Swim- ming Pool Bond Issue. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued and after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the. various improvements herein provided for in the manner pro- vided by law, the said improve• ments shall be completed on or before the 1st day of May, 1955, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by' the City Council. Passed, adopted and approved this 7th day of September, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Iiintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Proof of publication, certified to by the publishers, of notice to bid- Regular Session, September 7th, 1954 527 ders of the receipt of proposals for the General, Plumbing, Electrical and Filtering work involved for the construction of a swimming pool to be located in Flora Park, presented and read. Councilman Kolb moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Austin. Ames, Iowa September 4, 1954 Mayor and City Council Dubuque, Iowa Subject: Swimming Pool Filters for Flora• Park Gentlemen: When the bids were opened last Friday Morning there were only 2 bidders on the pool filtering equip- ment. The bids were as follows; Watertite Company, Omaha, $14,249.00; General Filter Compa- ny, Ames, $12,796.00. General Fil- ter was low by $1,453.00. Since the taxpayers of a com- munity want to get the most .for each dallor spent they prefer to award a contract to the Lowest Re- sponsible bidder. It now becomes our duty and re- sponsibility to acquaint you with the fact that General Filter Com• pang is a highly respectable con• cern. Consequently we submit to you the enclosed material for your careful perusal. More data can be supplied if necessary. The General Filter Company is 19 years old. Its headquarters are in Ames and it operates through- out the United States, In Iowa alone it has put in water treatment equipment for approximately 200 towns. We have our own shops, erection crews and field service de- partment. We have installed complete wa- ter treatment plants for the larg- est REA power plant in the United States and for the Atomic Energy Commission. It so happens that General Filter Company has not constructed a vacuum diatomite as called for. in your specifications. However, this is a very simple type of installa- tion and we are entirely familiar with such jobs. Our material and workmanship is guaranteed. We can furnish a performance bond if desired. If you have any question regarding our ability to perform this job as called for, you may withhold pay- ment until after the installation has been tried for three months or until September of 1955. We will be pleased to work with your engineer toward giving you a first class job in every respect, Respectfully yours, General Filter Company J. P. Lawlor, President Councilman Kolb moved that the communication be received and filed. Seconded by Councilman I{intzinger, Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. September 7, 1954 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Playground and Recreation Commission met in special session on September 3rd to review the bids for the construction of a swimming pool in Flora Park. Af- ter due consideration, the Play ground and Recreation Commission adopted a motion that a recommen• dation be made to the City Council that contracts be awarded the fol- lowing companies: General Construction, Conlon Construction Co., $102,575,00; Plumbing Construction, Linehan & Mole Co., $53,525.00; Electrical Construction, Dirksen Electric Co., $12,984,00; Filters, Waterite Co., $14,189.00. These bids call for brick con- struction and concession stand, however, it is recommended that the acceptance of alternate ;bids for the concession stand be de- cided upon sixty days prior to the completion date of May 1, 1955. Question may arise on the filter bid as submitted by the Waterite Company of Omaha, in that this company did not submit the low bid. Quotations were received on two types of filters, a pressure dia- tomite and a vacuum diatomite. Of the two, the Playground and Rec- -<v€ w ~~b~s-.Y-;S , '",'Htia-s..r :,.,..r e7.. Rip... n~l`ge~"~~"''~' ~~~~ ~. 528 Regular Session, September 7th, 1954 reation Commission believe the vacuum type diatomite filter to be the more desirable. The Waterite Company manufactures both types, white the General Filter Company of Ames, Iowa, which submitted the low bid for the vacuum diato- mite filter, has never manufac- tured this type, but, rather, has specialized only in the pressure system. Enclosed is a list of filter inskailations as cared for by the Waterite Company, the greater ma- jority of which, it can be seen, are of the vacuum system. Enclosed a)so is a report as compiled from statements received from pool op- erators throughout the country who are using the vacuum filters which have proven satisfactory as expressed by -their comment. It is the recommendation of the Playground and Recreation Com- mission that the above mentioned firms be awarded the contracts for the construction of the swimming pool in Flora Park, Respectfully submitted on behalf of The Playground and Recreation Commis- sion By Nicholas J. Sutton, Director of Recreation Councilman Kolb moved that the recommendation of the Playground and Recreation Commission be adopted. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. September 7, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Bids were received and opened at 10:00 A.M. September 3, 1954, for the construction of a swimming pool at Flora Park. The Playground and Recreation Commission met on September 3rd to review the bids and make rec• ommendafions to the City Council. The Playground and Recreation Commission recommends that the contract be'awarded to the fol- lowing companies: General Construction, Conlon Construction Co., $102,575.00. Plumbing, Linehan and Molo Co., $53,525.00. Electrical, Dirksen Electric Co., $12,984.00. Filters, Waterite Co., $14,189.00. These bids will include brick construction and concession stand. It is recommended that the ac- ceptance of alternate bids for the concession stand be decided upon sixty days prior to the completion date of May 1, 1955. The bid of the Waterite Com- pany is for vacuum type filters us- ing plastic type filter screens and guaranteed for three years opera- tion. While this is not the low bid, it is felt the experience of this company in making this type of filter and the results obtained in pools using this filter, the award should be made to the Waterite Co, I recommend that the decision of the Playground and Recreation Commission be approved and that the City Council award the con- tracts. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be adopted. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin, (Awarding Contract) RESOLUTION N0. 281.54 Whereas, sealed proposals have been submitted by contractors for the General Construction of a swimming pool to be located in Flora Park pursuant to Resolution No. 286.54 and notice to bidders published in a newspaper pub- lished in said City on August 16th, 1954 and August 17th, 1954; and Whereas, said sealed proposals were opened and read on Septem- ber 3rd, 1954, and it bas been de- termined that the bid of Conlon Construction Company of Du- buque, Iowa in the amount of $102,575.00 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, Regular Session, September 7th, 1954 529 Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Con- ~~ lon Construction Company of Du- buque, Iowa and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up- on the signing of said. contract and the approval of the contractors bond the City Treasurer is autho- rized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day r of September, 1954. ~; LEO N, SCHUELLER ~= Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ; ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- k. cilmen Kintzinger, Kolb, Welu. Nays-None. ~ Absent-Councilman Austin. y ~t (Awarding Contract RESOLUTION N0.288.54 Whereas, sealed proposals have been submitted by contractors for the Plumbing for the swimming pool to be located in Flora Park pursuant to Resolution No. 28lr54 and notice to bidders published in a newspaper published in said City on August 16th, 1954 and August 17th, 1954; and Whereas, said sealed proposals { were opened and read on Septem- ber 3rd, 1954, and it has been de- termined that the bid of Linehan and Molo Company in the amount of $53,525.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Line- han and Molo Company of Du- buque, Iowa and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, .that up- on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders, Passed and adopted this 7th day of September, 1954. LEO N, SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by CouncIlman Kintzinger, Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, (Awarding Contract) RESOLUTION N0.289.54 Whereas, sealed proposals have been submitted by contractors for the Electrical work for the swim- ming pool to be located in Flora Park pursuant to Resolution No. 286.54 and notice to bidders pub- lished in a newspaper published in said City on August 16th, 1954 and August 17th, 1954; and Whereas, said sealed proposals were opened and read on Septem- ber 3rd, 1954, and it has been de- termined that the bid of Dirksen Electric Company of Dubuque, Iowa in the amount of $12,984.00 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resdved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Dirk- sen Electric Company of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. Be It Further Resolved, that up- on the signing of said contract and 530 Regular Session, September 7th, 195.4 the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of September, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. (Awarding Contract) RESOLUTION N0.290-54 Whereas, sealed proposals have been submitted by contractors for the Filters for the swimming pool to be located in Flora Park pursu- ant to Resolution No. 286.54 and notice to bidders published in a newspaper published in said City on August 16th, 1954 and August 17th, 1954; and Whereas, said sealed proposals were opened and read on Septem- ber 3rd, 1954, and it has been de- termined that the bid of Waterite Company of Omaha, Nebraska in the amount of $14,189.00 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Waterite Company of Omaha, Ne- braska and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. Be It Further Resolved, that up- on the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of September, 1954. LEO N. SCHUELLER Mayor CI,ARENCE P. WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car• ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Communication of Joe Benda re- submitting his claim in the amount of $20.52 for damages to his car as the result. of driving over an ap- proach to the railroad tracks at 14th and Pine Streets, presented and read. Councilman Kintzinger moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Austin. Dubuque Bank & Trust Company Dubuque, Iowa August 25, 1954 Mr. L. J. Schiltz, City Manager Dubuque, Iowa Dear Vern: We have today accepted an as- signment from George Saffron cov- ering contracts with the City of Dubuque for the construction of new sewers, which assignment was given as collateral to a loan grant- ed Mr. Saffron, today. Enclosed is copy of this assign- ment for your file, We ask that all checks drawn in payment of these accounts be made payable to both George Saffron and the Du- buque Bank and Trust Company. Very truly yours, Jos. J. Peryon Vice President This is your authority to ac- knowledge the attached assign- ment and to issue all checks in payment of the assigned contracts jointly to Dubuque Bank and Trust Regular Session, September 7th, 1954 531 Company and the undersigned. George Saffron Assignment. To: Dubuque Bank and Trust Company, Dubuque, Iowa Whereas, the undersigned is in- debted to the above mentioned bank, hereinafter called "Bank", at the date hereof, in the sum of $12,000.00 Principal, with interest thereon at the rate of 6% per an- num due 6 months after the date hereof. Now, Therefore, for value re- ceived, and for the purpose of se- curing payment at maturity of the principal and interest of said in- ~ debtedness, now or hereafter ow- ing from the undersigned to said ~! bank, the undersigned hereby sets aside, assigns and transfers to said bank, certain contracts with the City of Dubuque, Iowa, for the lay- . ing of new sewers and hereafter described in detail, together with the right to sue for, collect, re- ceive and receipt for the several sums represented by said con- tracts and to apply the proceeds thereof upon said indebtedness, which contracts are warranted to be valid, subsisting and collectible in the several amounts hereinafter written as to each, and are de- scribed asfollows: Dodge Street from West Property line of Chero- kee Drive to North Property line of Lot 2, Dubuque Homes Subdi- ` vision No. 2 ..................$ 5,224.10 Levi Street from Sullivan Street to English Lane 4,830.50 Kane Street from Kauf- mann Avenue North..,. 14,240.50 Clinton Street North to 27th Street .................... 1,633.00 Total ..........................$25,928.10 Dated the 24th day of .August, 1954. In presence of Jos. J. Peryon. George Saffron Saffron Construction Co. Councilman Kolb moved that the communication and Assignment be received and made a matter of rec- ord. Seconded by Councilman Kint- zinger, Carried by the following vote: - Yeas -Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Communication of John Petrakis in regard of the need of spectator facilities at the Athletic Field con- sisting of another 1500 seats, a roof over the grandstand, more rest room facilities, and a modern concession stand to replace the present one, which does not be- long to the City, and stating that the above mentioned improve- ments would make the Athletic Field as good as any, presented and read. Councilman Kolb moved that the communication be re- ferred to the City Council for ac- tion at some later date. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Kintzinger, Kolb, Welu. Nays-None, Absent--Councilman Austin. Notice of Claim of Raymond Tschiggfrie in the amount of $14.50 for damages to his car caused in striking a hole in the street on Wood Street between the 1200 and 1300 block, presented and read. Councilman Kintzinger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councllman Austin, Petition of Roy Ayers requesting the rezoning of the property at 2751 Lennox Avenue into a busi• Hess place for use as a tavern, presented and read. Councilman Kintzinger moved that the petition be referred to the Planning and Zoning Commission for their rec- ommendation and report. Second- ed by Councilman Welu. Carried by the following vote; Yeas - Mayor Schueller, Coun• cilmen Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. Petition of Paul B. Skelley re- questing that the street light at 560 Sunset Ridge be put into op- eration, presented and read. Coun- cilman Kintzinger moved that the petition be referred to the City Manager for recommendation and report. Seconded by Councilman Welu. Carried by the following vote: ~I 532 Regular Session, September 7th, 1954 a Yeas -Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Councilman Kolb moved that the matter of the dedication of Sunset Ridge as a public street be re- ferred to the City Manager and City Solicitor for study and report. Seconded by Councilman Welu. Carried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Petition of George Clark Allen and others requesting the con- struction of water mains in the streets adjoining their listed prop- erties, presented and read. Coun- cilman Welu moved that a plat and schedule be prepared as re- quested in the petition. Seconded by Councilman Klntzinger. Car- ried by the following vote: Yeas =Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, Petition of Mrs. V. C. Moss and others requesting that the north and south sides of University Ave- nue in the block between Nevada Street and Booth Street, numbers 1060 to 1098'be inclusive, be re- stricted to two hour parking limit, presented and read. Councilman Weiu moved that the petition be referred to the City Manager and Traffic Department for recommen- dation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent~euncilman Austin. Petition of Dubuque Retail Mer- chants Bureau Board of Directors requesting the erection of stop- lights at the corners of Seventh Street and Ninth Street on Main Street and Locust Street, present- ed and read. Councilman Welu moved that the petition be re- ferred to the City Manager and Traffic Department for recommen- dation and report. Seconded by Councilman Klntzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent~ouncilman Austin. Petition of Maurice H. Mellon requesting a refund in the amount of $100.00 on the unexpired por- tion of his Class "B" Beer Permit No. 1 expiring April 1, 1955, as he has discontinued business on Sep- tember 1, 1954, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Maurice H. Mellon to cover the amount of refund grant- ed on the unexpired portion of his Class "B" Beer Permit No. 1, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. Petition of Maurice H, Mellon requesting a refund in the amount of $75.00 on the unexpired por- tion of his Cigarette Permit No. 104 expiring July 1, 1955, as he has discontinued business on Sep- tember 1, 1954, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Maurice H, Mellon to cov- er the amount of refund granted on the unexpired portion of his Cigarette Permit No. 104. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Petition of Mrs. Viola Savory re- questing arefund in the amount of $150.00 on the unexpired por- tion of Class "B" Beer Permit No. 42,expiring July 1, 1955, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Mrs, Viola. Sa- vory to cover the amount of re- fund granted on the unexpired portion of Class "B" Beer Permit No. 42. Seconded by Councilman Weiu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. Rsgulat Session, S~pte~ber 7th, 1994 533 Petition a# Franh H. aad l~liza- beth M. Tigges requesting Council tp authorize the May4x and City Clerk to exeellte the attached quit claim deed in order tp completely effect the trans#er e# the titles in- tended to b¢ roads by the adoption pf Ordlpanc¢ No. 1438, presented and read. Councilman Welu mgyed that the request be granted. Sec- onded by Councilman Kolb, Car- ried by the lollgwing vote; 'Yeas -Mayor Schueller, Coun- cIimen Klntzinger, Kolb, Weiu. Nays-None. Absent-Councilman Austen. Petition p# Arthur Tt'ausch, Sr. requesting couAcil tp Yacatc the easement and issue a release cpv- ering 1rptS 13 and l4 0£ Mississippi , Heights Subdivision Np, 2, present- ed and Tead. Councilman Welu moved that the petition be re- #erred to th¢ Plaaning and Zoning Coromissuon fpT reppnunendation and report. Seconded by Cpuucil• man 1#olb• Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Klntzinger, Kolb, Welu, Nays-NAne. AbsentnCODUpilman Austin, Petition of Koran Y~etaran Chapter No. 1 requesting that they be granted P¢rmissipn to hpld a parade on Saturday, Optgber 9, 19f& end also that a proclamation be issued setting aside OetobeT 9, 1954 as a day fpr all 1)Ubuqu¢ to pay tribute to the memory of those who gave their lives in Korea, presented and read. Coun• cilman Welu moved that the re- quast ba granted and the Mayor ~authoriued to issue the Pro~lama- tion as requested. Seconded by Counilman Kolb, Carried by the #PllpwlUS vpte; Ygas -Mayor Schueller, Coun- eilroen Klntzinger, $qib, Welu. Nays-Nona, Absent-Councilman Austin. Petition pf Canfield Hotel, Ju- lien Kotef, Merchants l~l9te1 and Page Hotel in regard to parking restTictlops in th4 hptel aTgas and stating that the restricted parking regulations, to ' acaomnwdate the street cleaning program, has caused a hardship and actual haz- and to the very life of the hotQl buFinass and requesting that a program of strpat gleaning, as to definite ax¢as as submitted by the petitipnera be adopted, presented end read. Councilman Kolb moved that the petition be xeferred t0 the Clty Manager and that prpp¢r action be taken. Seconded by Cpun• Gilman Welu, Carried by th¢ fol- lowing vpte: Yeas -Mayor Schueller, Cqun- cilm¢q Klntsiug¢r, Kplb, Weln. Nays-None. Absent-CouncilmaU Austin. Petition of Mattel Realty and investment GomPanY, Agents for Gerald and Joan Udelhofen, re- aU¢sting that th¢ City Engineer be instructed to #urnish the grad¢ in the #irst alley east of Audubon Street, between Audubon Street and Adair Street, for the purpose of arraigning to connect Lot¢ 35 and 38 of Rosedale Addition with the City water plains from llose- dale Avenue, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Water Superinten- dent. Seepnded by Councilman Kolb. Carried by the #ollowing vote: Yeas T Mayor Schueller, Coun- cilmen Kintxing¢r, Kpib, Welu. Nays-None. Absont-Coutlcilroan Austin, , Petition of l3tsabled Ameripan Veterans Chapter No. S requ¢st- ing peTmisslgn to hold their )3'or- Get-life-Not sale alto oa MondaY~ September 15th, 1954, presented and read. Councilman Kolb moved that the request be granted, S¢s• onded by Councilman Welu. Car- ried by the #ollpwing vote: Yoas-Mayor Schueller, Council- men Klntzinger, Kolb, Welu. Nays-None. Absent-Councilmaq Bustin, ORDINANCE Nt), 54.54 An Ordinance widening McPo- land Street, Kane Street, Pennsyl- vanla Avenue and Eighth Avenue in the City of Dubuque to include property recently acquired by the City, presented attd Teed, Council- man Kolb moved that the reading just had be considered the. first reading of the ordinance. $eeond- ed by Councilman Welu, Cuxied by the following vote: Yeas-Mayor Schueller, Council- men Klntzinger, Kolb, Welu. Nays-None. Absent--Cpunellman Auati>t, 534 Regular Session, September 7th, 1954 Councilman Kolb moved that the rules .be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None, Absent-Oouncilman Austin. Ordinance No. 54.54 An Ordinance widening McPoland street, Kane street, Pennsylvania Avenue and Eighth Avenue in the City of Dubuoue to Include property re- cently acquired by the city. Whereas, the City of Dubuque has recently acquired title to certain prop- erty abuttinK McPoland street, Kane street, Pennsylvania Avenue a n d Eighth Avenue 1n said city for the purpose of widening said streets: Now Therefore Be It Ordained By The City Council OP The City of Du- buque: Sectlon 1. That McPoland street be and the same ie hereby eatab- ]iahed as a public street fifty feet in width along ire present location from the south line of Pennsylvania Ave- nue to the north ]Ins extended of Lot 6D5 of Lennox Addition over prop- erty now owned by the Clty. Section 2. That Kane Street be and the same is hereby established as a public street to Include Lot 2 of 1 of 1 of 1 of 2 of Mineral Lot 346 and Lat 2 of 2 of 1 of Mineral Lot 394. Sectlon 3. That Kane Street be and the same is hereby established as a public street fifty feet in width from the west line of Lot 2 of 2 of 1 oP Mineral Lot 344 to the west line of Mineral Lot 344 over property now owned by the City. Section 4. That Pennsylvania Ave- nue be and the same is hereby eatab- liehed as a public street sixty feet In width from the old corporation limits at the east 1[ne of the north east quarter of Section 27 to Chaney Road over property now owned by the City. Section 5 That Eighth Avenue be and the same is hereby widened by including within its limits Lot 2 of 1 of 1 of 2 of City Lot 735. Sectlon 6. That the City Clerk be and he is hereby directed to file a copy of this ordinance in the records at the County Recorder of Dubuque County, Iowa. Section 7. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 7th day of Septem- ber, ]959. Rule requiring reading on three separate days suspended by unani- mous vote the 7th day of September, 1954. Passed, adapted and apProved this 7th day of September, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. FOLB CHARLF,S A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk. Published officially in The Tele- graps-Herald newspaper this 10th day of September, 1954. .7. J. SHEA 1t. 9-]0 Clty Clerk Councilman .Kolb moved the adoption of the ordinance, Second- ed bq Councilman Welu. Carried by the following vote: YearMayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin. ORDINANCE N0. 55-54 An Ordinance vacating the east- erly 110.25 feet of the alley lying between Putnam Street and West 28th Street in the City of Dubuque and conveying to the abutting property owners, as follows: Lot 28A, as shown on the foregoing plat is hereby conveyed to Verlyn G. and Ruth Miller; Lot 26A, as shown on the foregoing plat is hereby conveyed to Verlyn G. and Ruth Miller; Lot 29A, as shown on the foregoing plat is hereby con- veyed to Russell J. and Eleanor J. Rafoth; Lot 27A, as shown on the foregoing plat is hereby conveyed to Verlyn G. and Ruth Miller, pre- sented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance, Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Councilman Kolb moved that the rule requiring reading on three separate days be waived. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin, Councilman Kolb moved that a public hearing be held on the ordi- nance on October 4th, 1954, at 7:30 P.M. in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner required by law, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent^Councilman Austin. August 27, 1954 Hon. Mayor and Members of the City Council Dubuque, Iowa Gentlemen: I Gave investigated the claim of Frisco Manufacturing Company for Regular Session, September 7th, 1954 535 damages resulting from its truck sinking into stave-in in an alley. Investigation disclosed that the cave-in resulted from a failure in the roof of an underground cellar; that the title to this alley is in the abutter; that the City had no no- tice of the defect; and, that there was no negligence on the part of the City. I therefore recommend that the claim be denied. Respectfully, T. H. Nelson Councilman Welu moved than the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Austin. September 1, 1954 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Otto F. Spechten• hauser, Jr:, for damages to his truck received while traveling on Kaufman Avenue, August 9, 1954, has been referred to this office for investigation and report. I have investigated the claim and find no negligence on behalf of the City and recommend that the claim be disallowed. Sincerely, T. H. Nelson Councilman Welu moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None, Absent~ouncilman Austin. September 1, 1954 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Louis E. Hanson for damages to his motor vehicle when traveling an the alley be- tween Windsor and Stafford Streets first- west of 22nd Street, has been referred to this office for investigation and report, I have investigated this claim and find that there is a substantial defect in the alley, and recommend that the claim be allowed, and the Auditor instructed to issue a war- rant payable to Louis E, Hanson in the amount of $18.95, and de• liver the same to him upon receipt of a properly executed release. Respectfully, T. H. Nelson Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved and 'the City Auditor instructed to draw a war- rant in the amount of $18.95 in favor of Louis E. Hanson, as set- tlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin, September 3, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The American Public Works As• sociation is holding their annual meeting in Atlantic City, New Jer- sey, from September 19th to the 22nd. Kenneth Cullen and Cletus Allen are officers in the Iowa sec- tion and in the past have attended this meeting as representatives of the City of Dubuque. I recommend that they be au• thorized to attend at city expense because the value received by the city at a meeting of this kind far exceeds the small expense con• netted with attendance. Many times procedures put into effect as a result of these meetings save the city considerable money. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man• ager Schiltz be approved. Seconded by Councilman Kintzinger. Carved by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin, ~3t~ Regular 5essinn, September 7th, 1954 September 3, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Bids were received at the office of the City Manager September 2, 1954, for the furnishing and in• stalling of warning sirens for civil defense Within the city. I recommenfl that the contract be awarded to the Crescent Elec• tric Supply Company of Dubuque who submitted the best bid. The bid-price installed for 6 sirens and Z reserve sirens was $7919.01, Other suppliers did not bid as specified for installations. Respectfully submitted, L, J. SCHII.TZ, City Manager Councilman Kolb moved that the roc y,.: ~.. endation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas~Maytlr Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-councilman Austin. September 3, 1954 Ta the Honorable Mayor and City Council, Dubuque, fovea Gentlemen: Attached hereto are easements for street purposes in order to provide enough area for a Cul-de• Sac on the end of Ashtoa Place. ThesA easements Were required by the city before the street could bo graded, and conforms to the ac- tion of the City Council In approv ing the openiag df this street. Respectfully submitted; L. J. SCHILTZ, City Manager Councilman Iintzinger moved that the recommendation of City Manager Schiltz be approved and the Easements recorded with the County Recorder. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Abaent-°Councilman Austin. To the Honorable Mayor and City Council, flubuque, Towa Gentlemen: The attached Deed is for N~•r~ri ty purchased by the City of Du- buque for the improvement and widening of McPoland Avenue. The property description is a3 fol- lows: Lot 2 of 2 of 2 of 1 of 1 of Min- eral Lot 296. This Deed is submitted for your consideration. Respectfully submitted, L, d. SC) IILTZ, City Manager Councilman Kolb moved that the Deed be accepted and recorded with the County Recorder. Second- ed by Councilman Welu. Carried by the following vote: Yeas-=Mayor Sthueller, Council- rpen Kintzinger, Kblb, Welu. Nays-None. Absent-Councilman Austin. September 7, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The attached deeds are for prop- erty purchased by the City tlf Du, buque for the improvement and widening of Pennsylvania Avenue. The property descriptions are listr ed as follows: Lot 2 of sub. of E~z of Lot 2 of 1 of 2 tlf ~Tohn P: Mettels Sub. Lot 2 bt sub. of Erh of W'h of Lot 2 of 1 of 2 of John P. Mettels Sub, Lot 2 of sub, of W'~ of E'~ of Lot 2 of 1 of 2 of John P. Mettels Sub, Lot 2 of sub. of Lot 1 of 2 Of 1 of 1 of 2 of John P. Mettels Sub, Lot 2 of sub. of Lot 1 of 3 of 1 of 1 of 2 of John P. Mettels Sub. Lot 2 of sub. of E~Z of Lot 4 of 1 of 1 of $ of John P. Mettels Sub. Lot 2 of sub. of WIZ of Lot 4 of 1 of 1 of 2 of John P. Mettels Sub. Lot 2 of Sub. of Lot 5 of 1 of 1 of 2 of John P, Mettels Sub, Lot 2 of sub. of Lot 2 of 1 of 2 of Mineral Lot 399A. Lot 2 of sub. of Lut 1 of 1 of 2 of Mineral Lat 399A. Lot 2 of sub, of Lot 2 of 2 of John P. Mettels Sub. Regular Session, September 7th, 1954 537 Lbt 2 of sub. of Lot 2 of 1 of 1 of 1 of 2 of 4 of Mineral Lot 260 Lot 2 of sub. of Lot 1 of 1 of 2 of 2 of Mineral Lot 259 Lot 2 of sub, of Lot 1 of Block 4 of 5t. Anne's Sub. Lot 2 of sub. of Lot 1 of Block 1 of St. Anne's Bub. Lot 2 of sub, of Lot 2 of Hyatt Place. Lot Z of sub, of Lot 554 of Len- nox Addition. Lot 2 of sub. of Lot 934 of Len- nox Addition, These deeds are submitted for your consideration. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the Deeds be accepted and recorded with the County Recorder. Second- ed by Councilman Welu. Carried by the folfoWing vote: Yeas Mayor Schueller, Coun- cilmen Kintzinger, Kolb, Welu. Naysy-None, Absent-Councilman Austin. September 7, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The attached Deeds are for prop- erty purchased by the City of Du- buque for the improvement and widening of Kane Stxeet. The Prop- erty descriptions are listed as fol- lows: Lot 2 of Sub. of Lot 1 of 1 of 1 of 2 of Mineral Lot 345. Lot 2 of Sub. of Lot 2 of 1 of Mineral Lot 344. Lot 2 of Sub, of Lot 2 of 1 of 1 of Mineral Lot 344. Lot 2 of Sub, of Lot 2 of 1 of 1 of 1 of Kemp's Place. Lot 2 of Sub. of Lot 1 of 1 of 1 of 1 of Kemp's Place. Lot 2 of Sub. of Lot 2 of 1 of 1 of Kemp's Place. Lot 2 of Sub. of Lot 2 of 1 of 2 of 1 of Kemp's Place, Lot 2 of Sub. of Lot 1 of 1 of 2 of 1 of Kemp's Place. Lot 2 of Sub. of Lot 2 of 2 of 1 of Kemp's Place. Lot 2 of Sub, of Lot 1 of 1 of 2 of Mineral Lot 344. Lot2of2of2of lof laf lof 2 of Mineral Lot 349. Lot2oflof2oflofloflof 2 of Mineral Lot 349. These deeds are submitted for your consideration. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the Deeds be accepted and recorded with the County Recorder. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilmen Austin. RESOLUTION N0.291.54 A resolution relinquishing Z;ase- ment for storm sewer across Lot 29 of Grandview Avenue Addition and authorizing the Mayor and City Clerk to execute and deliver a Quit Claim Deed conveying to David L, and Annabelle G. McMa- hon all of the interest of the Clty of Dubuque in said Lot 29 includ- ing the rights aver said lot granted by said {lrant of Easement, pre- sented and read. Councilman Kolb moved that a public hearing be held on the resolution on October 4th, 1994 at 7:30 P.M, in the Coun- cil Chamber and that the City Clerk be instructed to publish no• tice of the hearing in the manner required by law. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. RESOLUTION N0.292•~4 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 Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Carl L. Ncel, 1080 University Ave. Delbert W. Kohn, 30 West 4th St. James H. Scherer, 1187 Iowa St. J. Louis Spielman and Susan Spiel- man, 2002 Johnson Ave. CLASS "C" PERMIT William Wand, 2850 Burlington St. Tenenbam's Super Markot, Inc., 630 Locust Bt. 7s=. T'y`Pr.x ,°t„µ-.yi-t nitiY-`ynp-~azl .. -. ~~, !:~, ,~' ,~_~ 538 Regular Session, September 7th, 1954 National Tea Company, 896.98 Main St. Gus Pusateri, 1098 Main St, Walter W. Knoll, 205 Kaufman Ave. James M. Kane, 1205 Cleveland Ave. Passed, adopted and approved this 7th day of September, 1954, LEO N. SCHUELLER Mayor CLARENCE P, WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, ,City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin RESOLUTION N0.293.54 Whereas, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Carl L. Noel, 1080 University Ave. Delbert W. Kohn, 36 West 4th St. James H. Scherer, 1187 Iowa St. J. Louis Spielman and Susan Spiel- man, 2002 Johnson Ave. CLASS "C" PERMIT William Wand, 2850 Burlington St. Tenebom's Super Market, Inc., 630 Locust St, National Tea Company, 896.98 Main St. Gus Pusateri, 1098 Main St. Walter W. Knoll, 205 Kaufman Ave. James M. Kane, 1205 Cleveland Ave. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of September, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. There being no further business Councilman Kintzinger moved to adjourn. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None, Absent-councilman Austin J. J. SHEA, City Clerk ................................1955. ..................................1955. City Clerk Special Session, September 14th, 1954 539 (IiY (OUN(IL (OFFICIAL) Special Session, September 14th, 1954. Council met at 7:30 P.M. Present-Mayor Schueller, Coun• cilmen Kintzinger, Kolb, Welu. City Manager Schiltz. Absent-Councilman Austin, Meeting called by order of Ma- yor Schueller. Mayor Schueller read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of canvassing the vote cast at the Television Franchise Special Elec- tion of September 13th, 1954, and acting on any other business as may properly come before a regu- lar meeting of the City Council. ' ° Proof of publication, certified to by the publishers, of notice of pro- posal to dispose of real estate and receipt of bids for the sale of Lot 1 of Lot 2 of Mineral Lot 38 in the City of Dubuque, Iowa, according to the respective plats of the Sub- division of said property, together with the right in common with the owners of Lot 1 of Lot 1 of Mineral Lot 50A to use,a roadway 30 feet in width along the west part of the south line of Mineral Lat 50A substantially as indicated by the dotted line on the plat of the Sub- division of Mineral Lot 38 marked "center of proposed road" and sub- ject to the right of easement in owners of parts of Mineral Lot 37 and Mineral Lot 50A over the west- erly 30 feet of Lot 1 of Lot 2 of Mineral 38, as set out in a certain easement agreement between the City of Dubuque and the owners of said lots and further subject to an easement hereby reserved to the City of Dubuque over the west- erly 30 feet of Lot 1 of Lot 2 of Mineral Lot 38 for the purpose of installing and maintaining sewer and water mains and laterals, pre• sented and read. Councilman Kolb moved that the proof of publica- tion be received and filed. Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, The following open bids were re- ceived for the purchase of Lot 1 of Lot 2 of Mineral Lot 38: Bid of Wm. S. Sheppley-First bid $8,000.00; Second bid $9,000.00; Third bid $9,300.00: Bid of E. G. Butler-First bid $8,500.00; Second bid $9,200.00: Upon the closing of the open bidding the following sealed bids were opened and read: City Clerk City of Dubuque, Iowa I hereby enter a bid of $13,510.00 for the purchase of Lot 38, known as Laurel Park as advertised in the Telegraph-Herald. Certified check is attached. W. R. Gruwell 420 English Lane Dubuque, Iowa The undersigned hereby submits a bid for the real estate being auc• tinned on or after September i4, 1954, and described as follows: Lot 1 and Lot 2 of Mineral Lot 38 in the City of Dubuque, Iowa, according to the respective plats of the Subdivisions of said property, together with the right in common with the owners of Lot 1 of Lot 1 of Mineral Lot 50A to use a roadway 30 feet in width along the west part of the south line of Mineral Lot 50A substantially as indicated by the dotted line on the plat of the subdivision of Mineral Lot 38 marked "center of proposed road" and subject to the right of easement in owners in part of Min- eral Lot 37 and Mineral Lot 50A over the westerly 30 feet of Lot 1 of Lot 2 of Mineral Lot 28, as set out in a certain easement agree- ment between the City of Dubuque and the owners of said lats, filed February 16, 1951, in Book 138 of Town Lots, page 535, in the rec- ords of Dubuque County, Iowa; and easements for public utilities. The undersigned bids for said property the sum of Five Hundred Dollars ($500.00 plus the amount of the highest bona fide bid), sealed or oral, other than the amount bid by the undersigned, made at said sale; gqravided, how- ever, that the total bld made here- .. µHr.~ r ,~.,~.~~.~~ ~,g ro s~ , . ~_ ~V h~ . , , . , r,9p'~I~1,. . ~f 54U Special Session, September 14th, 1954 by shall not exceed' Twenty Thou- sand Dollars ($20,000.00). There is submitted herewith, pursuant to the notice of proposal to dispose of said real estate, a cer- tifiedcheck on the First Nat. Bank, in the amount of Two Thousand Fifty Dollars ($2,060.00) as a guar- antee of my good faith. William S. Sheppley Councilman Kintzinger moved that the acceptance of the highest bid be postponed until the City Council receives an opinion from the office pf the City Solicitor as to the legality of the highest bid. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kplb, Welu. Nays-Ngne, Absent-Councilman Austin. Notice of Claim of Mrs. Ralph Rupp in the amount of $50.00 for damages caused by the backing up of sewage into their residence, caused from stopped sewer in the street at 1755 Wood Street, pre- sented and read. Councilman Welu movod that the Notice of Claim be referred to the City Solicitor for ipvestigation and report. Seconded by Councilman Kolb. Carried by the foliowin$ vote: Yeas-,Mayor Schueller, Council- men Kintzinger, Kolb, Welu. NAYS-None. Absent-Councilman Austin. THE TRAVELERS September 7, 1954 City Clerk, Dubuque, town pear Sir: Re; Power pf Attorney: Richard T, Johnson, N, G. Kendall, Arlene DfcGuff, B. M`• McKillip, Robert D. M9Wers, Richard P• Pooler- $2AO,OQp.00-dated 2/8/54. Revocation-Power of Attorney: Riehard T. Johnson; N. G. Kendall; grlene 1fcGuff; Richard P. Pool• er--$200,000.OtI--dated 5/15/53. Enclosed herewith for filing is ap instrument of the Travelers In- demtutY Company, Hartford, Can- AOatieut as described in caption. This form extends a new power of attorpey and revokes the power prsviopsly filed with your office. Witt you please complete and sign the aekngwledgment on the e x~n ~«r 3'?Ttr~n~^~arrm~.,r ~a.4~,pa~ duplicate cppy of this letter and return same in the envelope en- closed. Thank you for your courtesy, Yours very truly, The Travelers Indemnity Company By: Arlene McDuff, F & S Asst. The Travelers Indemnity Company Gentlemen: The above instrument was filed p[- the 9th day pf September, lad. J. J, SHEA, City Clerk Councilman Kolb moved that the communication be received end made a matter of record and the Power of Attorney placed on file. Seconded by Councilman Weiu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Communication of Louis $uechel making application for renewal of his excavation permit in accord• ante with Ordinance No. 45.51, pre- sented and read. Councilman I{olb moved that the application be granted. Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin. Petition of Paul Murphy request- ing the filling and repairing of the alley at the rear of his property at 875 Seminary Street, presented and read. Councilmen Welu moved that the petition be re#erred to the City Ivtanager, Seconded, by Councilman Kolb. Carried by the following vote; Yeas-Maypr Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Austin. Petition of Miss Florence Loren- zen requesting the placing of a street light in the middle of hill at the steps south of Dodge Stroet to Curtis Street, presented and read. Councilman Welu maned that the petition be referred to the City Manager and Electrical Inspector for their recommendation and re- port. Seconded by Councilman Kolb. Carried by the following vote; Special Session, September 14th, 1954 541 Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Petition of Dubuque American Legion Building Corporation re- questing permission to install one 5000 gallon oil storage tank under the public sidewalk adjacent to their building at or near the in- tersection of West Fourth Street and the alley on the south side of West Fourth Street lying between Main and Locust Streets, presented and read, Councilman Welu moved '_` that the request be granted and proper proceedings prepared in or- der that the installation can be started at once. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Schueller, Council- : men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. ~ Petition of John and Monica Wil- ly requesting Council to accept the sum of $200.00 in full payment of the assessment levied against Lot 38 of Burton's Addition and fur- ther requesting Council to view and inspect Lot 38 before acting on this aplication, presented and read. Councilman Welu moved that the ~ petition be referred to the City Manager and City Solicitor for report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. Petition of Alphonse Wolf re- questing arefund in the amount of $150,00 on the unexpired por- tion of his Class "B" Beer Permit ~ No. 70, as he has discontinued busi- ~ Hess on September 9,1954, present- ed and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Alphonse Wolf to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 70. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Austin. August 2, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On June 19, 1954, Eugene Jahn filed a claim for damages sus• tamed to his automobile when he struck a hole in the street in the four hundred block on Primrose Street in the Citq of Dubuque. This claim was referred to this office for investigation and report. After due investigation, it ap• pears that the City of Dubuque was guilty of no negligence which would render it liable in damages to this claimant. It is, therefore, respectfully recommended that said claim be denied. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor Councilman Kintzinger moved that the recommendation of As- sistant City Solicitor Czizek be ap- proved. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu, Nays-None. Absent-Councilman Austin. September 15, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque , Gentlemen: On June 19, 1954 Alan Wilber- ding filed a claim with the City Clerk for damages in the sum of $15.00, claimed to have been sus- tained by him when one of the City Trucks sprayed oil over the finish of his car while engaged in oiling operations on Salina Street. Said claim was referred to this of- fice far investigation and report. After due investigation it ap- pears that the City of Dubuque was guilty of no negligence which would render it liable in damages to claimant and it is therefor re- spectfully recommended that said claim be denied. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved. 542 Special Session, September 14th, 1954 Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. September 14, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On June 15, 1954, Herbert Saam of this City filed a claim with the City Clerk of the City of Dubuque for damages in the sum of eighty ($80.00) Dollars which he claimed he sustained when his car hit two separate holes in the street. The holes were described as having ex• fisted at 17th and Locust Streets and on Asbury Street near the 1700 block, This office made a complete investigation of the matter and has had a conference with claimant. It appears that said holes did exist and after a discussion with claimant, he has agreed to com- promise said claim for the sum of Sixty ($60.00) Dollars. ht the opin- ion of this office, such settlement is a fair and reasonable one and should be accepted. It is therefor respectfully rec• ommended that said claim in the compromised amount of sixty dol- lars be allowed and that the Audi- tor be instructed to draw a war- rant in favor of the claimant in the sum of Sixty ($60.00) Dollars, to be delivered to him upon the exe- cution of a proper release. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $60.00 in favor of Herbert Saam, as settlement in full of his claim, and that said warrant be delivered up- on receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent--Councilman Austin. September 14, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that we have approved the following bonds and policy and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: SIDEWALK Bernard J. Shireman, Western Surety Company W. H. Shaffer, Western Surety Company Norbert Freiburger, Western Sure• ty Company HEATING Waterbury-Dubuque Co., Inc., The Travelers Indemnity Co. EXCAVATION Louis Buechel, 2230 Central Ave., Policy No. Z-553581, U.S. Fideli- ty and Guaranty Co. Louis Buechel, 2230 Central Ave., Policy No. MCS 327571, U.S. Fi- delity and Guaranty Co. Respectfully submitted, L. J. SCHILTZ, City Manager- Councilman Welu moved that the Bonds and Policies be received and placed on file subject to the approval of the City Solicitor. Sec• onded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kalb, Welu. Nays-None, Absent-Councilman Austin. September 14, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of the Canfield, Julien, Merchants and Page Hotels in regard to parking restrictions of the hotels in the hotel areas was referred to the City Manager for proper action. The parking restrictions they re- fer to are those that restrict park- ingfor street cleaning purposes. I have discussed the street clean- ing operation with the Street Com- missioner to see if it would be pos- sible to clean around the hotel areas once a week, and it is our opinion with the cooperation of I I III II I LpU 111 I I IuN i l l l~. l u ll ll l lillu II IIII u I ', p Special Session, September 14th, 1954 543 the hotels in helping to eliminate debris that this cleaning could be accomplished by one cleaning, !, I therefore recommend that the parking be restricted from 2 a.m. to 6 a.m. on Mondays on the west side of White Street from 4th to 5th; Central from 3rd to 4th; Iowa from 2nd to 4th; and the north side of 4th from White Street to Iowa; 3rd from Iowa to Main Street; 2nd from Iowa to Locust Street and on opposite sides of these streets from 2 a.m. to 6 a.m. on Saturdays. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- '.~, ager Schiltz be approved and prop er proceedings prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council• men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin. t' September 14, 1954 To the Honorable Mayor and City Council, ;_~ Dubuque, Iowa Gentlemen: The petition of Mrs. Helen Nutt requesting the city to open the alley running northerly and paral- lel to Riverview and Althauser ' Streets was referred to the City ' ' Council to view the grounds. Upon viewing the grounds, the I ~ decision of the City Council was that if all of the adjoining prop- ` erty owners relieve the city of any damage resulting from the grading of this alley and construct retain- ~ ing walls where necessary, the city would then proceed to grade the alley. I recommend that the decision of the council be confirmed. Respectfully submitted, L. J. SCHII,TZ, ` City Manager Councilman Welu moved that the recommendation of City Man- 1 ager Schiltz be approved. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- 1 men Kintzinger, Kolb, Welu. Nays-None. Absent~ouncilman Austin, RESOLUTION N0. 294.54 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cig- arette papers within said City and the Manager is directed to issue such permit on behalf of said City. Arnold J. Welter (E f f e c t i v e 10/1/54), 1100 Lincoln Ave, Frank C. Wieland, (Effective 1011/54), 185 Main Street George T r i m p l e r (Effective 10/1/54), 1701 Asbury Street Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 14th day of September, 1954, LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None, Absent-Councilman Austin. RESOLUTION N0.295.54 Whereas, applications for Class "B" Beer Permits have been sub• mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "F!" PERMIT Arnold J. Welter, 1100 Lincoln Ave. Frank C. Wieland, 185 Main St. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. *, gr, y a.. ,. y.~,..„,~ Y.~xa~~ge~ry _~ ._ ww+R S~a.Yx a . {sN11"~~f?~"AV"~'19e~. ..~:~ 544 Special Session, September 14th, 1954 Passed, adopted and approved presented and read. Councilman this 14th day of September, 1954. Kolb moved that the proof of pub- LEO N. SCHUELLER lication be received and filed. Sea Mayor onded by Councilman Welu Car- CLARENCE P. WELU . ried by the Following vote: RAY F. KOLB Yeas-Mayor Schueller, Council- CHARLES A. KINTZIlVGER men Kintzinger, Kolb, Welu. Councilmen Nays-None. Attest: J. J. SHEA, Absent--Councilman Austin. City Clerk Councilman Kolb moved the The votes cast at the Special Election held Septembe 13th adoption of the resolution. Second- r , 1954 were canvassed and showed the ed by Councilman Kintzinger. Car- following result; ried by the following vote: Yeas-Mayor Sch ll Television Franchise Election ue er, Council• men Kintzinger, Kolb, Welu September 13, 1954 . Nays--None. Pre01"c~~ Y•s No Total Absent=Councilman Austin Fh'st "'°°°••••••••°• 139 563 712 . RESOLUTION N0.27654 Second ................ 13B 579 715 Third ' Whereas, applications for Class " " ............. 62 .....,. 408 470 Fourth •.• ............... 52 270 324 B Beer Permits have been sub- Fifth .................... 112 452 571 muted to this Council for approval Sixth ,••.••.••••......... 142 612 754 and the same have been examined: Seventh .............:.. 61 287 333 Now, There#ore, Eighth .................. 82 297 388 Be It Resolved by the Council of the City of Dubuque that the Ninth ,,,,,,,,,,,,,,,,,,,, 71 288 343 .... Tenth 118 . following applications be granted .. .......... 533 864 Eleventh ,~,,......,,,, 77 382 470 and the licenses are to be issued Twelfth ................ 118 382 489 upon the compliance with the terms of the ordinances of thi Thirteenth ........,. 115 397 528 Fourteenth s City. ........., 100 537 652 Fifteenth ..........., 95 402 Sll CLASS "6" PERMIT Sixteenth .........,.. 57 273 334 Arnold J. Welter, 1100 Lincoln Total ................1537 8810 8258 Ave. Frank C. Wieland, 185 Main St RESOLUTION N0.291.54 . Passed, adopted and approved this 14th day of Septemb 1 5 Whereas a special municipal election was held an September er, 9 4. LEO N, SCHUELLER 13, 1854, in the City of Dubuque Mayor pursuant to Ordinance No. 53-b4 CLARENCE P. WELD passed by the City Council oa Aug- ust 5th 1954 t h RAY F, KOLB , , a w ich election the following question or pro osi• CHARLES A. KINTZINGER p tion was submitted to the electors Councilmen Attest: J. J. SHEA, of the City of Dubuque, as provid- ed by the Statute of Iow City Clerk a namely, to-wit: Councilman Kolb moved the adoption of the resol ti Shall the following public meas- u on. Second- ed by Councilman Welu Carried are be adopted? . by the following vote: Shall the following Franchise Yeas-Mayor Schueller, Council- Ordinance No. 53.54, as enacted by the Cit C men Kintzinger, Kolb, Welu. Nays-N y ouncil of the City of Dubuque on the 5th day of Au t one. Absent-Councilman Austin gus , 1954, be adopted? , Proof of publication, certified to And, Whereas, the votes cast at such election by the publishers, of Mayor's Proc- lamation of notice of S eci l El were canvassed by the City Council on September 1 p a ec- tion to be held September 13th, 4th, 1954, at a special meeting of such City Council called i t 1954 on the proposition of granting n o ses- sion for said purpose and th to Dubuque Community Television ~ e re• salt found to be as follow Cable Corporation the Franchise adopted by~ Ordina I s: Yes-1531 votes. nce No. 53.54, No-6610 votes. 1 • ,, ~c' t i,;. I b ~~~, ~:_ ';. P. ~~ _ ~~, a. ~~ , Special Session, September 14th, 1954 545 And, Whereas, it appears from such canvass that a majority of all the electors, voting at said spe- cial election voted as not in favor of the above proposition. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: That in compliance with the wishes of the pegple expressed at the special election held on Sep- tember 13th, 1954, that Franchise Ordinance No. 53.54 has not been approved and the same is hereby declared to be not adopted. Passed, adopted and approved this 14th day of September, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. • Absent-Councilman Austin. Councilman Kolb moved that the Judges and Clerks who served at the Television Franchise Spe- cial Election held on September 13th, 1954 be paid the amount of $10.00 each for services rendered as such Judges and Clerks. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, Councilman Kolb moved that the Judges and Clerks who served at the Television Franchise Special Election held on September 13th, 1954 be appointed as the Judges and Clerks to serve at the Televi- sion Franchise Special Election to be held on October 11th, 1954, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Austin, J. J. SHEA, City Clerk Approved ................................1955, Adopted ..................................1955. Councilmen: ~ ......................... Attest :.............................................. City Clerk