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1959 April Council Proceedings184 Special Session, March 30, 1959 Passed, adapted and approved thls 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FI{OMMELT City Clerk Councilman Welu moved the ~ adoption of the resolution. Sec• i onded by Councilman Freund. ~, Carried by the following vote: I Yeas--Mayor Kintranger, Coun• ~, cilmen Freund, Schueller, Takos, '. Welu. I Nays-None. j Councilman Wela moved that Mr. Arnold Caitham be appointed to the Dock Commission to No• umber 2B, 1961, to fill the posi• tion vacated by A. Y. McDonald Jr. and that a letter of commen- dation be sent to A. Y. McDonald Jr. for the excellent gob per• formed while a member of the Dock Commission. There being no further busi- ness Councilman Freund moved to adjourn. Seconded by Council- man fiakos. Carried by the follow• ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, welu. -Nays-None. LEO F. FROMMELT City Clerk, Approved .......................... 1959. Adopted ............................ 1959. ...................................... Councilmen ................................ Attest ................................................ City Clerk .~' 1 ~w ~` ~': 6 ~:; f~ I ,'; 4 s w Regular Session, April 6, 1959 185 CITY COUNCIL (OFFICIAL) Regular Session, April 6, 1959. Council met at 7:30 P. M. Present -Mayor Kintzinger, Councilmen Freund, Schueller, Ta- kos, Welu. City Manager Schiltz. Mayor Kintzinger read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. April 6, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and desire. to have your approval on same for filing, subject to the ap• ' proval of the City Solicitor: SIDEWALK Richard Anthony, United States Fidelity & Guaranty Company Cyril Hanten, Bond No. 630908.59, Western Surety Company Respectfully submitted, I. J. SCHILTZ City Manager Councilman Takos moved that the policies be filed subject to the approval of the City Solicitor, Sec- onded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, April 6, 1959 To the Honorable Mayor and City Council Dubuque, Iowa I am submitting for your ap- proval an amendment to Ordi- nance 21.55 which prohibits the discharge of air conditioning wa- ter into the sanitary sewer sys- tem when the rate of discharge exceeds 5 gallons per minute. It also provides that the water may not be discharged on a public street, alley, walkway or public property. The discharge of air condition- ing water into a storm sewer is authorized and the water from the public water supply so used can be metered to determine the amount deductable for determin• ing sewer service charges. This proposed ordinance will re- lieve the sanitary sewage systems of this waste water, help conserve the water supply and eliminate the discharge of air conditioning water in the streets. I recommend the adoption of this ordinance. Respectfully submitted, L. J. SCHII,TZ City Manager Councilman Takos moved that the recommendation of the City Manager be approved, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu: Nays-None. ORDINANCE N0. 16•S9 An Ordinance Amending the Plumbing Ordinance No. 21.55 by Adding Section 33B prohibiting the discharge of air conditioning water, drip pans, refrigeration wa- ter or cooling tower water into the Public Sanitary Sewer System and its contributories, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Councilman Takos moved that 'the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE NO. 15.59 An Ordinance Amending t h e Plumbing Ordinance No. 21.55 by Adding Section 3a6 prohibiting tha discharge of air conditioning wa- ter, drip pans, refrigeration water or cooling tower water into the public Sanitary Sewer System and its contributories. WHEREAS, the operation of wa- ter cooled refrigerators, air candi- tioners, and other types of water cooling equipment hoe rapidly in- creased and now involves the use of water in quantities never be- fore anticipated, thereby placing 186 Regular Session, April 6, 1959 an unexpected burden on the pub- lic sewers and sewage treatment plant; and WHEREAS, in the interest of the public, its sanitary sewers and the sewage treatment plant, (t is neces- sary to regulate the use of sanitary sewers and to limit the amount of discharge of airconditioning wa- ter, drip pan, reYrigeration water and cooling tower water into them. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Sectlon 1. That Ordinance No. 21-55 of the City of Dubuque be and the same la hereby amended by adding a new Section 33B there- to ae follows: SECTION "33B" (A) Except as otherwise specif- ically authorized or required by this ordinance, it shall be uNaw- ful to discharge any air condition- ing water, drip pans, refrigera• tion water or cooling tower water, directly or indirectly into any san- itary sewer or upon any public property, whether the water orig- inated in a public or private water supply. Provided however, that such water may be discharged into a sanitary sewer If the same comes from equipment so designed that the total rate of discharge oP this type of equipment from the premises served on such sewer could not exceed 5 G.P.M., but in no event shall the same be dis- charged either directly nor lndi- rattly upon any public roadway, walkway, street, alley or other public property. (B) Separate water meters of the kind and type as specified by the Water Department may be in- stalled in all instances where wa- ter from the public water supply is used for alr conditioning, re- frigeration or other processing and such clear water wastes are dis- charged to the storm sewer or dis- posed oY by other means than the sanitary sewer; the purpose of metering such water will be used as a deduct quantity of water used for the determination of the sew- age service charge. (C) Conditions contrary to the provisions of this ordinance and in existence at the time of t h e adoption of the ordinance, shall be rectified to comply with the adop- tion of this ordinance. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication ae by law provided. Introduced this 6th day of April, 1959. Rule requiring reading an three separate days suspended by unanL moue vote the 6th day of April, 1959. Passed, adopted and approved this 6th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: Leo F. Frommelt City Clerk. Published officially in the Tele- graph-Herald newspaper this 10th day of April, 1959. Leo F. Frommelt City Clerk lt. 9-1D. Councilman Takos moved the adoption of the Ordinance. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 3, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has considered the petition of G. J. Hohnecker Co, and Crescent Realty Corp, requesting vacation of an alley in Block 24 Dubuque Harbor Co. Addition, This alley is between South Main Street and Salina Street from Railroad Avenue to Camp Street. This alley has never been opened for public use, is not occu- pied by Public Utility. The Planning and Zoning Com- mission sees no need of this al- ley to the public and recommends vacation of same. Yours very truly, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved and that proper proceed- ings be prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Paul E. Tres- sel signifying his interest in ob- taining ten feet of ground owned by the City adjacent to Lot 5 in Fairview Subdivision, presented and read, Councilman Welu moved that the Council view the grounds. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Notice of cliam of Kenneth Kun- kel of 1970 Lincoln Avenue, in the amount of $100 for damage and expense incurred as the result of a flooded basement on March 19, 1959, presented and read. Coun- Regular Session, April 6, 1959 187 cilman Freund moved that the claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Leonard wie- derholt of 2080 Roosevelt street, ~ in the amount of $250 far dam- age to his home and expense in- curred as the result of a sewer backing up on March 19th and 20th, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Ta- i kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- - cilmen Freund, Schueller, Takos, welu. Nays-None. Notice of claim of Donald E. Viertel of 3030 Lemon street in ' the amount of $7.00 for a blown out tire as the result of striking a hole in Central Avenue in the 2800 block on April 1, 1959, pre- sented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, welu. Nays-None. Petition of Joseph J. Schmitt re• i ;t, questing a refund of $25.00 on the unexpired portion of cigarette li- tense No. 267, as he has discon- tinued business on March 31, 1959, presented and read. Councilman Schueller moved that the refund be granted and that the Auditor be instructed to issue a warrant payable to Joseph J. Schmitt, in the amount of $25,00, to cover the amount due on the unexpired por- ~ ' tion of cigarette license No. 267. ' ~ Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, welu. Nays-None, t. ~, RESOLUTION N0. 79.59 ~' BE IT RESOLVED by the City Council of the City of Dubuque I„ I q, that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. August C. Bruyneel, Bunker Hill Club House Erwin J. Hafeman, 2370 Rhomberg Avenue Mary Shively, 1598 Elm St. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 6th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARINCE P, WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 80.59 WHEREAS, Applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT August C. Bruyneel, Bunker Hill Golf Club House Dubuque Baseball, Inc., East 4th St. (Ball Park) Dorance E. Cox, 2613 University Ave. Mary Shively, 1598 Elm St. CLASS "C" PERMIT Donald D, Schroeder, 2890 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap• plicants be and the same are hereby approved. 188 Regular Session, April 6, 1959 Passed, adopted and approved this 6th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND CLARENCE P. WELU LEO N. SCHUELLER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO. 81.59 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT August C. Bruyneel, Bunker Hill Golf Club House Dubuque aBseball, Inc., East 4th St. (Ball Park) Dorance E. Cox, 2613 University Ave. Mary Shively, 1598 Elm St. CLASS "C" PERMIT Donald D. Schroeder, 2890 Central Avenue Passed, adopted and approved this 6th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. There being no further business Councilman Welu moved to ad• journ. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. LEO F, FROMMELT City Clerk Approved ....................................1959 Adapted ......................................1959 Councilmen : .................................. Attest: ._ _ ............................................. City Clerk. W l' i~ t Y Regular Session, April 6, 1959 189 Board of Health (OFFICIAL) Regular Session, April 6, 1959. Board met at 8:05 P. M. Present-Chairman Mr. Charles A. Kintzinger, Messrs. George A. Freund, Leo N. Schueller, Peter J. Takos, Clarence P. Welu, Dr. A. J. Entringer. IOWA STATE DEPARTMENT OF HEALTH March 20, 1959 Mr. Leo F. Frommelt, City Clerk Dubuque, Iowa Attention: Local Board of Health Gentlemen: The application for renewal of license by Mr. Frank C. Wieland to operate the mobile home park known as the Wieland Mobile Home Park during the calendar year 1959 has been approved. The yellow copy of his applica• tion for renewal of license is en• closed for your file. Very truly yours, DMSION OF PUBLIC HEALTH ENGINEERING Carl H. Moline, Sanitarian Mr. Clarence P. Welu moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Mr. Peter J. Ta- kos. Carried by the following vote: Yeas-Chairman Charles A. Kint• zinger, Messrs. George A. Freund, Leo N. Schueller, Peter J. Takos, Clarence P. Welu, Dr. A. J. En- tringer. Naps-None. Iowa State Department of Health March 20, 1959 Mr. Leo F. Frommelt, City Clerk, Dubuque, Iowa Attention: Local Board of Health Gentlemen: The application for renewal of license by Mr. Frank Lambert to operate the mobile home park known as Burd's Trailer Park dur- ing the calendar year 1959 has been approved. The yellow copy of his applica- tion for renewal of license is en- closed for your file. Division of Public Health Engineering Carl H. Moline, Sanitarian Mr. Clarence P. Welu moved that the communication be re• ceived and made a matter of rec- ord. Seconded by Mr. Peter J. Ta- ros. Carried by the following vote: Yeas-Chairman Charles A. Kint- iinger, Messrs. George A. Freund, Leo N. Schueller, Peter J. Takos, Clarence P. Welu, Dr. A. J. En- kringer. Nays-None. There being no further business Mr. Leo N. Schueller moved that the Board of Health meeting ad• journ. Seconded by Mr. Peter J. Takos. Carried by the following vote: Yeas-Chairman Charles A. Kint- zinger, Messrs. George A. Freund, Leo N. Schueller, Peter J. Takos, Clarence P. Welu, Dr. A. J. En• ttinger. Nays--None. LEO F. FROMMELT Clerk Board of Health LEO F. FROMMELT, Clerk Board of Health Approved ....................................1959 Adopted ......................................1959 ..................... Members of Board ............................. ...... of Health ...................................... Attest:. ..... Clerk, Board of Health i 190 Special Session, April 20, 1959 i Special Session, Apri120, 1959 191 I C1TY COUNCIL (OFFICIAL) Special Session, Apri120, 1959. Council meta 7:30 P. M. Present -Mayor Kintzinger, Councilmen Freund, Schueller, Ta- kos, Welu. City Manager Schiltz. Mayor Kintzinger read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering bids submitted by contractors for the City of Du- buque 1959 Grading Project No. 1; City of Dubuque 1959 Concrete Curb and Gutter Project No. 1; City of Dubuque 1959 Bituminous Concrete Paving Project No. 1; City of Dubuque 1959 Hot Mix- Hot Laid Asphaltic Concrete Pav- ing Project No. 1 and acting on any other business as may prop- erly come before a regular meet- ing of the City Council. Proof of Publication, certified to by the Publisher, of Notice to contractors of the receipt of pro- posals for the construction of City of Dubuque 1959 Grading Project No, 1, on the following portions of the following named streets: Sec• tion No. 1-Chaney Road from north property line of Asbury Road to the south property line of Kaufmann Avenue; Section No, 2-North Grandview extension from north property line of Ungs street to Station 56+00; Section No. 3-North Grandview Avenue Extension from north property line of Kaufmann Avenue to the south property line of Kane street; Section No, 4-North Grandview from Station 56+00 to south prop- erty line of Kaufmann Avenue, presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 20, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received for the City of Dubuque 1959 Grading Project No. 1, Bid Sections No. 1, 2, 3, 4 and 4A. The lowest bids submitted were entered by Saf- fran Construction Company of Du- buque, Iowa, with Bid Section No. 1 6% above the estimate, Bid Sec- tion No. 2 10.6% under the esti- mate and Bid Section No. 3 iden- tical to the estimate. A tabulation of the bids received is attached. I recommend that the contract be awarded to the Saffron Con• struction Company for the City of Dubuque 1959 Grading Project No. 1, Bid Sections No. 1, 2 and 3. Respectfully submitted, L. J, SCHII.TZ, City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, (Awarding Contract) RESOLUTION N0. 82.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1959 Grading Project No. 1, Section 1, Chaney Road, pursuant to Resolu- tion No. 5459 and notice to bid- ders published in a newspaper pub- lished in said City on April 3, 1959 and April 10, 1959; and WHEREAS, said sealed propos- als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Saffron Con- struction Co, of Dubuque, Iowa in the amount of $11,247,00 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 1T RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffron Construction Com- pany 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 upon the signing of said con- tract and the approval of the con• i ~' w W is l .,{„ ~'. :~ ~~ tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 20th day of April, 1959. CHARLES A. KIlVTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec• onded by Councilman Freund. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION NO. 83.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1959 Grading Project No, 1, Section II, North Grandview Avenue from Ungs Street Station 0+00 to Sta- tion 30-F00, pursuant to Resolution No. 5459 and notice to bidders published in a newspaper pub- lished in said City on Apri13, 1959 and April 10, 1959; and WHEREAS, said sealed propos• als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Saffron Con- struction Company of Dubuque, Iowa in the amount of $32,226.00 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 RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffron Construction Com- pany 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 upon the signing of said con• tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re• turn the bid deposits of the un• successful bidders. Passed and adopted this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUFT.T.F.R CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 6459 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1959 Grading Project No. 1, Section III, North Grandview Avenue from Kauf- mann Avenue to Kane Street, pur- suant to Resolution No. 5459 and notice to bidders published in a newspaper published in said City on April 3, 1959 and April 10, 1959; and WHEREAS, said sealed propos- als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Saffron Con- structian Company of Dubuque, Iowa in the amount of $7,300.00 was the lowest bid for the fur- nishing of all labor and materials in the amount of $7,300.00 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as pro~nded for in the plans and specifications; now therefore, BE 1T RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffron Construction Com• parry 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 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 un• successful bidders. 192 Special Session, April 20, 1959 Passed and adopted this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER. J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Kintzinger moved the adoption of the resolution. Second• ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the receipt of proposals for the construction of the City of Dubuque 1959 Concrete Curb and Gutter Project No. 1, on the fol- lowing portions of the following named. streets: Section I. 1. Illinois Avenue from West Property Line of Drexel to the South Property Line of Pennsylvania Avenue. 2. Ohio Avenue. from South Prop- erty Line of Pennsylvania to North Property line of Illinois Avenue. 3. Alpha Avenue from South Property Line of Illinois Ave• nue to North Property line of VanBuren Street. 4. Evergreen street from North Property line of Lindale street to south property line. of Kauf- mann Avenue. 5 Kaufmann Avenue from East ' Property line of Evergreen to east property line of Theda Drive. 6. Kane street from north prop- erty line of Kaufmann Avenue to east property line of Prim- rose street. 7. Collins Street from South prop- erty line of Lombard street to south property line of St. Jo• seph Street. 8. Marquette street turn around at end of street. 9, Harrison street from south property line of Jones to north property line of Dodge street. 10. Lindale street from East prop- erty line of Woodlawn street to west property line of Lot 1.1.1-1.1-231 of Highland Park Addition. 11. Alta Place from north prop- erty line of Delaware street to south property line of Green Street. 12. Born Avenue fromsouth prop- erty line of Indiana Avenue to north property line of Ridge• way Avenue. 13. McClain Street from North property line of Dodge Street to point 170.55' north. Section II. 1. Chaney Road from north prop- erty line of Asbury Road to south property line of Kauf- mann Avenue. Section III. 1. North Grandview from north property line of Ungs street to south property line of Kane street, presented and read. Councilman Freund moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Apri120, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 A.M. Monday, April 20, 1959, for the City of Dubuque 1959 Con• Crete Curb and Gutter Project No. 1 Bid Sections No. 1, 2 and 3. The lowest bid was submitted by Schueller Blacktop Company of Dubuque, Iowa, with Bid Section No. 1 17.5% under the estimate, Bid Section No. 2 19.01% under the estimate and Bid Section No. 3 12.7% under the estimate. A tabulation of the bids submitted is attached. I recommend that the contract for the City of Dubuque 1959 Con- crete Curb and Gutter Project No. 1, Bid Sections No. 1, 2 and 3 be awarded to Schueller Blacktop Company. Respectfully submitted, L. J. SCHII.TZ, City Manager ~, '~ ,, `?s ~,~ +a Special Session, April 20, 1959 193 Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION NO. 85.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1959 Concrete Curb & Gutter Project No. 1 Section 1, pursuant to Reso- lution No. 57.59 and notice to bid- ders published in a newspaper pub- lished in said City on April 3, 1959 and April 10, 1959; and ', WHEREAS, said sealed propos- als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Schueller Blacktop Co. of Dubuque, Iowa in the amount of $39,669.43 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 Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Co, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re• turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKO5 Councilmen Attest: LFA F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contractl RESOLUTION N0. 86.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque Con- crete Curb and Gutter Project No. 1, Section II, Chaney Road pur• suant to Resolution No. 57.59 and notice to bidders published in a newspaper published in said City on April 3, 1959 and April 10, 1959; and WHEREAS, said sealed propos- als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Schueller Blacktop Company of Dubuque, Iowa in the amount of $10,085.15 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 1T RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Company and the Manager be and he is hereby directed to execute a con- tract an behalf of the City of Du- buque for the complete perform- ance of said work. BE 1T 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 re• turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 20th day of April, 1959. CHARLES A. KIldTZINGER Mayor GEORGE A, FREUND LEO N, SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 194 Special Session, April 20, 1959 (Awarding Contract) RESOLUTION N0. 87.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1959 Concrete Curb & Gutter Project No. 1 Section III, North Grandview Avenue, pursuant to Resolution No. 57.59 and notice to bidders published in a newspaper pub- lished in said City on Apri13, 1959 and April 10, 1959; and WHEREAS, said sealed propos• als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Schueller Blacktop Co, of Dubuque, Iowa in the amount of $21,542.80 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Co, and the Manager be and be is hereby directed to execute a contract on ' behalf of the City of Dubuque for the complete performance of said work. BE ~' 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 re- turn the bid deposits of the un- successful bidders. Passed and adopted this 20th day of April, 1959. CHARLES A. KINTZIlVGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution, Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the publisher, of Notice to contractors of the receipt of pro- posals for the construction of City of Dubuque 1959 Bituminous Con- crete Paving Project No. 1, on the following portions of the follow- ing named streets; Section I 1. Kaufmann Avenue from the west property line of Carter Road to the east property line of Theda Drive. 2. Evergreen Street from the north property line of Lindale street to the south property lien of Kaufmann Avenue. 3. Carter Road from the north property line of Kaufmann Avenue to the north property line of Kane Street. 4. Kane street from the east prop- erty line Lot 2.1 Willy Place to the east property line of Lot 1.1-1 of Olds Place. 5. Kane street from the east prop- erty line of Carter Road to the east property Line Lot 2, Block 4, Scenic View Heights, 6. Kane street from the north property line of Kaufmann Avenue to the east property line of Primrose street. 7. Adeline street from Ramona to end of street. 8. McClain street from North property line of Dodge street to a point 170.5 north. Section II 1. Chaney Road from the north property line of Asbury Road to the south property line of Kaufmann Avenue. Presented and read. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 20, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A. M. Monday, Apri120,1959, for the City of Dubuque 1959 Bi- tuminous Concrete Surfacing Proj- ect No. 1, Bid Sections No. 1, 2 and 3. The lowest bid submitted by Schueller Blacktop Company of Dubuque, Iowa, with Bid Sec- Special Session, April 20, 1959 195 tion No. 1, 14,3% under the esti- mate, Bid Section No. 2, 13,7% under the estimate and Bid Sec- tion Na, 3, 13.8% under the esti- mate. Atabulation of the bids sub- mitted is attached, ' I recommend that the contract for the City of Dubuque 1959 Bi- tuminous Concrete Surfacing Proj- ect No. 1, Bid Sections No, 1 and 2 be awarded to Schueller Black- top Company at this time and Bid Section No. 3 of this project be withheld for award at the regular scheduled City Council meeting of May 4, 1959. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 88.59 ~; WHEREAS, sealed proposals have been submitted by contrac• tors for the City of Dubuque 1959 Bituminous Concrete Paving Proj- ect No. 1 Section I, pursuant to Resolution No. 60.59 and notice to 1 bidders published in a newspaper published in said City on April 3, 1959 and April 10, 1959; and WHEREAS, said sealed propos- als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Schueller Blacktop Co. of Dubuque, Iowa in ' the amount of $54,231.12 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for u r in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque ~ that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said +.y work. BE IT FURTHER RESOLVED, that upon the signing of said con- e tract and the approval of the con- tractors band the City Treasurer is authorized and instructed to re• turn the bid deposits of the un- successful bidders. Passed and adopted this 20th day of April, 1959. CHARLES A. KIlVTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION NO. 89.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1959 Bituminous Concrete Paving Proj- ect No. 1 Section II, pursuant to Resolution No. 60.59 and notice to bidders published in a newspaper published in said City on April 3, 1959 and April 10, 1959; and WHEREAS, said sealed propos- als were opened and read on April 20, 1959, and it has been deter- mined that the bid of Schueller Blacktop Co. of Dubuque, Iowa in the amount of $19,851.86 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 Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tors band the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. 196 Special Session, April 20, 1959 Passed and adopted this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of the City of Dubuque 1959 Hot Mix- Hot Laid asphaltic concrete pav ing project No. 1 on the following portions of the following named streets and alleys; 1. Alley between Main and Lo- cust running from the north property line of Jones street to the south property line of 12th street. 2. 10th street from west property line of Central to the east property line of Bluff street, 3. 22nd street from east property line of Central to south prop- erty line of Windsor avenue. 4. 3rd street from east property line of Iowa street east to rail- road tracks. 5. Harrison street from south property Une of Jones street to north property line of Dodge street. 6. Shields street from north prop- erty line of Jones street to east property line of Main street. 7. Alley between Iowa and Cen- tral running from north prop- erty line of 4th street to the alley first south of 13th street. Presented and read. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Apri120, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 A.M. Monday, April 20, 1959, for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1, The lowest bid submitted was entered by the Badger Bituminous Inc, of Barne• veld, Wisconsin, whose bid was 16.3% under the estimate. A tab- ulation of bids received is at- tached. I recommend that the contract for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 be awarded to the Badger Bituminous Inc. Respectfully submitted, L. J. SCHII.TZ City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 90.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Con- crete Paving Project No, 1, pursu• ant to Resolution No. 639 and notice to bidders published in a newspaper published in said City on April 3, 1959 and April 10, 1959; and WHEREAS, said sealed propos• als were opened and read on April 20, 1959, and it has been determined that the bid of Badger Bituminous Inc. of Barneveld, Wis• consin in the amount of $78,453.80 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Badger Bituminous Inc. and the Manager be and he is hereby ~~ i i C: ~'T t w Special Session, April 20, 1959 197 directed to execute a contract on behalf of the City of Dubuque for 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 authorised and instructed to re• turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. April 15,1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of March as well as list of claims for which warrants were issued for the month March, 1959. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the reports be received and filed. Seconded by Councilman Ta• kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn dur• ing the month of March 1959, pre• sented and read. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Schuel• ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April Z0, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the approval of the City Solicitor: SIDEWALK William P. Sweeney, Boad No. 681948-59, Western Surety Com- pany. Richard Huseman and Louis Huse- mann, American Surety Com- pany Frank E. Miller and Delbert Mil• ler, Hawkeye Security Ins. Com- pany Robert Shireman and Edgebert McNamer, Bond No. 68253, Mer• chants Mutual Bonding Company Willy Construction Company, The Fidelity and Casualty Company HEATING Frank Berwanger Boiler Shop, Bond No. 28214 13 691 55, U.S. Fidelity and Guaranty Co. Lester Kaufman and George Ruse, d/b/a K & K Heating Contrac- tors, Bond No. 98642, Merchants Mutual Bonding Co. BLASTING Andrew Fondell, d/b/a A. FondeU and Sons, Bond No. 28214 13 1023 55, U.S. Fidelity and Guar• anty Co. Respectfully submitted, L. J. SCHH.TZ, City Manager Councilman Takos moved that the bonds and policies be filed sub• ject to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coua• cilmen Freund, Schueller, Takos, Welu. Nays-None. Apri120,1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Francis Rohl and others requesting a street light on Stafford Street between Edison 198 Special Session, April 20, 1959 and Merz Streets was referred to the City Manager for investigation and report. Upon investigation it was found that the spacing of street lights on Stafford Street between Edi• son and Merz Streets is at the rec- ommended length and no differ- ent than in other sections of the City where there are also obstruc• tions such as trees, walls or even buildings. There is an angle in Stafford Street about 100 feet from Merz Street, however, if a light were placed here, the spacing would be too close. I recommend that the petition be denied. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 20, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The request of Mrs. Myrtle I. Dockal requesting additional con- sideration in correcting an error of the amount allowed for agri- cultural tax credit for 1958 was referred to the City Manager for investigation and report. According to the letter attached to Mrs. Dockal's letter and writ- ten by the City Assessor, an error was made listing the property in- correctly as Sub. Lot 1 of Faldorf Place, part of Lot 1 and it should have been Sub. Lot 1 of Faldorf Place, Lot 1. The assessed value as submitted by the City Assessors Office was listed at $3923.00 and should have been listed as $8999,00. I recommend that the City Coun- cil approve the listing of Lot 1 of Faldorf Place, Lot 1 valued at $8999.00 and under the ownership of Myrtle Dockal and Gladys Schepler and that the City Man- ager be instructed to notify the County Auditor of this change. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Richard V. Hansel as President of Home Build- ers Association stating that Mr. Merlyn Digman and Dick Henschel have been appointed to a City Council committee whose duties will be to bring back to the Home Builders Association for discussion and suggestions any matters rela• tive to the problems pertaining to building codes, subdivision regu- lations, and engineering planning and data in order to create a bet- ter working relationship between the building crafts, building sup- pliers, and the City Building and Engineering Department, present- ed and read. Councilman Freund moved that the rules be suspended to allow anyone present address the Coun- cil if they so desire. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Mr, R. V. Hansel addressed the Council by stating that there is a lack of representation from the home building field on the mat- ter of building codes, subdivision 'regulations, and engineering plan- ning. Councilman Freund moved that the communication of the Home Builders Association be received and filed. Seconded by Council- man Takos. Carried by the follow ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 17, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has examined the plats show- ing the extension of Grandview Avenue from Clarke Drive to Kane ~~ ~~ ~; .~ Special Session, April 20, 1959 199 Street and the extension of Chaney Road from Asbury Road to Kauf- mann Avenue. The Commission hereby ap• proves the location and the sub- division of the properties and com- mends the Council for this forward seep. Yours very truly, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be received and filed Seconded by Councilman Ta- kos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. April 20, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Mrs. John Wilhelm, 1624 Rham- berg Avenue, for injuries sus- tained in a fall near Sixth and Main Streets on December 11, 1958 and can find no negligence on the part of the City and rec- ommend that the claim be denied. Respectfully submitted, T. H, NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, . Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 8, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Mrs. Ruth Baumgartner, 589 West Eighth Street, Dubuque, for in- juries sustained in a fall on ice on the sidewalk February 14, 1959, and can find no negligence on the part of the City and recommend that the claim be denied. Respectfully submitted, T. H. NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 8, 1959 Honorable Mayor, and Members of the City Council„ City of Dubuque, Iowa Gentlemen: I have examined the claim of Marguerite Molony, 1220 West Twelfth Street, Dubuque, Iowa, for injuries claimed to have been sus- tained in a fall on an icy sidewalk January 6, 1959 and can find no negligence on the part of the City and recommend that the claim be denied. Respectfully submitted, T. H. NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. . Nays-None. Apri120, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I am returning herewith the claim of Robert L. Phillips, 729 Bluff Street, far your files. Mr. Phillips advises me that the matter has been disposed of by the insurance carrier of the ve- hicle, hired by the City, which was involved. Respectfully, T. H. NELSON Councilman Takos moved that the communication be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Apri113, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I return herewith the claim of Joseph F, Pawlak Jr., 1149 Uni- versity Avenue, for damages sus- tained in a collision with a City truck. 200 Special Session, April 20, 1959 I have been advised by the auto- mobile liability carrier of the City that the matter has been disposed of and a release obtained. Respectfully, T. H. NELSON Councilman Schueller moved that the communication be re- ceived and filed. Seconded by Councilman Freund Carried by the following vote: ..Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 8, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: [ have examined the claim of Mrs. Peter McDonald, 1025 Bluff Street, Dubuque, for injuries sus• tamed in a fall on a sidewalk No- vember 22, 1958, and find that the defect existed and that the claim- ant suffered two fractured bones in her right foot as the result of the fall. I have discussed the claim with Mrs. McDonald and she has agreed to accept the sum of $28.69 in full settlement. I recommend that this settle- ment be approved and the Auditor iffitructed to issue a warrant pay- able to Mrs. Peter McDonald in the sum of $28.69 and deliver the same to her upon receipt of a properly executed release signed by both Mr. and Mrs. McDonald. Respectfully submitted, T. H. NELSON Mayor Kintzinger moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas--Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Apri120, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: At your direction, I have inves- tigated the claim of Earl Griffith, 940 Southern Avenue, Dubuque, Iowa, for injuries sustained in a fall on the sidewalk at the inter- section of South Grandview Ave• nue and the Dubuque-Cascade Road, February 20, 1959, and find that the claimant fell as alleged, and that the claimed defect ex- isted, and that the claimant sus- tained afractured wrist. I have discussed this matter with claimant and he has agreed to accept One Hundred and Eighty- three Dollars in full settlement. I recommend that this settle- ment be approved and that the Au- ditor be instructed to issue a war- rant in the amount of $183.00, p~y- able to Earl Griffith, and to de- liver the same upon receipt of a properly executed release. Respectfully submitted, T. H. NELSON Councilman Welu moved that ~i the recommendation of the City Solicitor be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Dubuque Safety Council suggesting that the following streets be considered for restricted parking; Garfield Ave• nue between Elm street and the railroad tracks; Delhi street be- tween West 5th and University; Broadway between Gay and Put- nam; Putnam between Broadway and Muscatine, presented and read. Councilman Freund moved that the communication be referred to the City Manager and Traffic De- partment for investigation and re• port. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of expiration of right of redemption and taking of tax deed within 90 days on Lot 1 of 74 and Lot 1 of 75 in E, Langworthy Addi• tion owned by Alfred and Lucille Bleile, said lots were sold by the County Treasurer to Max H. Jerk for delinquent taxes, presented and read. Councllman Freund moved that the notice be referred to the City Solicitor. Seconded by Councilman Welu. Carried by the following vote: r ~+ I !u ~; x: ~i i Special Session, April 20, 1959 201 Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Mrs. Louis Reittinger of 1752 Main St., in an unnamed amount, far personal in- juries received in a fall on a de• fective step at 17th & Central ave- ~ nue on April 3, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Kathryn Briggs Lolwing of 2757 Windsor Avenue, in the amount of $1500 for damage to her property as the result of flooding due to a broken water main on February 6, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Earl Shively, itt an unnamed amount, for per- sonal injuries received as the re~ salt of a fall on a defective and ice covered sidewalk at 53 Locust Street, on February 21, 1959, pre- sented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 20, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The attached ordinance fixing and establishing rates and charges for city ambulance service has been prepared by the City Solici• for and is in line with the discus- sion had by the City Council on this service at a previous meeting. This schedule provides a charge of $8.00 per trip for ambulance service within the City and $15.00 per trip plus mileage for trips out- side the City. The ordinance also provides that agreements can be entered into between governmen- tal units outside of the City for providing emergency ambulance service. It is not the responsibility of the City of Dubuque to provide this service outside the City and when this ordinance is enacted, this ser- vice will not be provided unless the governmental units outside the City of Dubuque agree to pay for this emergency service. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays--None. ORDINANCE N0. 17.59 An Ordinance Fixing and Estab- lishing Rates and Charges for City Ambulance Service, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- Gilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. ORDINANCE NO. 17.59 An Ordinance Fining and Estab- lishing Rates and Charges for Ctty Ambulance Service. BE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That there be and ie hereby established the foliowing ~b2 Special Session, April 20, 1959 schedule of rates and charges for City ambulance service: a. For transporting one person from any point within the City limits oP the City oY Dubuque to any hospital or doctor's of- fice located within the City of Dubuque $2.00 per trip, b. For transporting one person from any hospital or doctor's office within the City of Du- buque to any point located within the City of Dubuque $9.00 per trip c. For transporting one person from any point outside of the City of Dubuque to any hospital or Doctor's office within the City of Dubuque $15.00 per Uip plus $0.25 per mile d. For transporting one person Prom any hospital ar doctor's office within the Citp of~Du- buque to any point outside the City of Dubuque $15.00 per trip plus $0.2b per mile e. In addition to the above charges, there is imposed a further charge of Ten Dollars ($10) per hour, or fraction thereof far delays in excess aY ten (10) minutes, not caused by the ambulance driver f. For transporting City employees injured in the course of their employment, there shall be no charge; Section 2. That for the purposes of the above schedule, mileage shall include the entire distance traveled by the ambulance in pro- viding the service from leaving the garage to return to the gar- age; Section 3. The ambulance driver shall exact the above charges in advance before providing the am- bulance service, except that in emergencies, upon the request of any authorized member of the police or fire departments, he may provide the ambulance service without advance payment, in which event the City Manager's office shall bin the benefitted party, in accordance with the fore- going schedule; Section 4. The ambulance may make calls or provide ambulance service only to points in Iowa within Dubuque County or to points in nlinoia or Wisconsin within five (5) miles oP the City of Dubuque; Section 5. The City Manager is hereby authorized and empowered to enter into agreements with any authorized officials or governing body to provide emergency am- bulance service to any point in the States of wiaconain or Illinois within five (5) miles of the City of Dubuque, or to any point 1n Dubuque County, Iowa, which agreement shall be reduced to writing and signed before any such service [s rendered and shall provide that such off[clal or governing body shall guarantee the payment of the Peea eatab- lished in Section 1 hereof; Section 6. Each ambulance driver shall, at the end of each shift, submit a report to the City Manager showing all ambulance service furnished and pay over to the City Manager all sums collect- ed, during such shift. The Clty Manager shall thereupon pay aver al] moneys received to the City Treasurer, who shall credit the same to the Public Safety Fund. Section 7. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 20th day of April, 1959. Rule requiring reading on three separate days suspended by unani- mous vote the 20th day of Aprli, 1959. Passed by recorded roll call vote, adopted and approved this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in The Tele- graph-Herald newspaper this 23rd day oP April 1959. LEO F. FROMMELT City Clerk lt. 4-23 Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. OFFICE OF CITY CLERK EAST DUBUQUE, II.LIlVOIS April 12, 1959 Mr. L. J. Schiltz, City Manager, City Administration Dept,, Dubuque, Iowa Dear Mr. Schiltz: At our regular City Council meeting held Tuesday, April 7, 1959, the members passed the fol- lowing motion in regard to your correspondence of February 10, 1959: "Alderman Heller moved the City Clerk notify the Dubuque City Manager that the City of East Dubuque, Illinois, will ac- cept the responsibility for am- bulance service when requested only by the East Dubuque City Police. Seconded by Alderman Janzen. Ayes 5, Nays 0. Motion carried:' The Council wishes to thank you and the City of Dubuque for the opportunity to have this service available. Very truly yours, Arthur L. Trannel City Clerk Councilman Freund moved that the communication be received and made a matter of record. Second- ed by Councilman Welu. Carried by the following vote: Special Session, Apri120, 1959 203 Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 18.59 An Ordinance Vacating the al- l ley in Block 24 in Dubuque Har- bor Company Addition from Rail- „. road Avenue to Camp Street, pre- sented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. t Nays-None. R Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: l Yeas-Mayor Kintzinger, Coun- I cilmen Freund, Schueller, Takos, Welu. i 1 Nays-None. N Y b r' ,~ i ORDINANCE No. 18.59 An Ordinance Vacating the Al- ley in Block 24 in Dubuque Harbor Company Addition from Railroad Avenue to Carpp Street, Whereas Crescent Realty Corpor- ation and G. J. Hohnecker Com- pany, as owners of the abutting property, have petitioned the City of Dubuque to vacate the herein- after described alley; and Whereas, the Planning and Zon- ing Commission has recommended said vacation; and whereas, the City Council has determined that said alley ie not required for public use; NOw THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IowA: Section 1. That the alley lying in Block 24 in Dubuque Harbor Com pony Addition and running north from Railroad Avenue to Camp Street, all in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated; Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Ordinance in the office of the County Recorder of Dubuque County, Iowa. Section 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 April, 1959. Rule requiring reading on three separate days suspended by unan- imous vote the 20th day of April, 1959. Passed by recorded ron call vote, adopted and approved this 20th day 01 April, 1959. CHARLES A. KINTZINGER, Mayor. GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. wELU PETER J. TAKOS Councilmen. Attest; LEO F. FROMMELT, City Clerk. Published officiany in The Tele- Herald newspaper this 23rd day of April 1959. LEO F. FROMMELT, lt. 4/23 City Clerk. Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Hillcrest Builders Inc, requesting extension of the storm sewer from Pennsylvania Avenue to Illinois Avenue between Ohio Avenue and Drexel Avenue, presented and read. Councilman Freund moved that the petition be referred to the City Manager for further investigation, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Petition of Hillcrest Investment Inc. requesting approval of the pre• liminary plan of proposed Vista View Addition to Dubuque, Iowa, presented and read. Councilman Freund moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 20, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The Dock Board has been ad• vised that The Eska Company Inc,, intends to offer to purchase ap- proximately 5.9 acres of land in the Light Industrial section of the Dubuque Industrial Park, which has been platted by the Dock Board Engineer as Blocks 9, 10, 204 Special Session, April 20, 1959 and 11 in Riverfront Subdivision No. 3, We understand that the offer will propose a purchase price of three thousand dollars per acre and will contain the following con- ditions: Eighteen Hundred Dollars of the purchase price will be payable at the time of the delivery of the deed by the City, and the balance upon the completion of the construction of the proposed building; Purchaser will pay any Federal Documentary tax; City's deed will not contain cove- nants of warranty, but City will provide an abstract of title show- ing merchantable title in the City; The deed will contain a condi- tion subsegeunt providing that in the event Purchaser fails to erect a factory and office build- ing, containing not less than 50,000 square feet on the site, prior to July 1, 1960, the title will revert to the City; The City will pay for necessary platting and preparation of ab- stract. At a special meeting held April 20, 1959 the Dock Board adopted a Resolution approving such an of- fer and directing me to advise you of their action. Dock Board of the City of Dubuque, Iowa By Earl Liddle Its Manager Councilman Freund moved that the communication be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Apri120,1959 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: Pursuant to our discussions with your representatives, The Eska Company, Inc, hereby offers to purchase a tract of land in Du- buque Industrial Park, containing approximately 5.95 acres, identi- fied as: Blocks 9, 10 and 11 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa, (as the same appears on a proposed ~ plat of said Blocks 9, 10 and it in "River Front Subdivision No. 3," as prepared by Bartels & McMa- han, Engineers, and dated April 20, 1959) on the following terms and conditions; (1) The City will properly prepare and record a plat to the de- scribed tract of land; (2) The City will furnish an Ab- stract of Title showing good and merchantable title in the l",it~ of Dubuque, Iowa; (3) We will agree that there will be constructed on this tract, prior to July 1, 1960, a factory and office building containing not less than 50,000 square feet of ground floor area, and in the event said improve- ment is not constructed, title will revert to the City, and the Deed shall so provide; (4) The purchase price shall be Three Thousand and No/100 ($3,000.00) Dollars per acre, payable as follows: (a) One Thousand Eight Hun- dred and No/100 ($1,800,00) Dollars upon delivery of the City's Deed conveying the above property; (b) The balance of the pur- chase price when con- struction of the factory and office building is started. (5) We will pay any Federal Doc• umentary Tax attaching to the transaction. In the event you accept this of- fer it is understood that the City of Dubuque, Iowa will have a rea- sonable time in which to record a plat and prepare an Abstract of Title, and purchaser will have a reasonable time to examine the title. In view of our desire to com- mence construction as soon as pos- sible, and the imminence of the construction season, it is request- ed that action on this offer be set down as soon as convenient and possible, Respectfully submitted, The Eska Company, Inc. L. D. Kascel, President Special Session, April 20, 1959 205 Mayor Kintzinger moved that the offer be accepted and the City Solicitor be instructed to draw up proper papers. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Welu. Nays-None. Councilman Takos not voting. Mr. Ed McDermott, a local at- torney, addressed the Council in behalf of The Eska Company Inc. offer of purchase, He went into detail to explain to the Council the lagout etc. of the proposed platn from a plat drawn by Bar• tels & McAiahan and he was of the opinion that the approval of the sale is consistent with previous actions taken by the Council for the purchase of land in the Indus- trial area. RESOLUTION N0. 91.59 Whereas The Eska Company, Inc., has submitted to the City Council an offer to purchase Blocks 9, 10, and 11 in Riverfront Subdivision No. 3, in the City of Dubuque, Iowa, as the same ap- pear upon the proposed plat of said Subdivision prepared by Bar- tels & McMahan, Engineers, dated April 20, 1959 for a proposed pur- chase price of three thousand dol- Lars per acre, subject to the terms and conditions set forth in the letter containing said offer, dated April 20, 1959, which letter is now on file with the City Clerk of the City of Dubuque; and Whereas the Dock Board of the City of Dubuque has recommended acceptance of said offer upon the terms and conditions set forth in said letter; and Whereas it is necessary to hold a public hearing on any proposal to dispose of real estate owned by the City of Dubuque; NOW THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF ..DUBUQUE, IOWA, that the proposal to sell Blocks 9, 10, and 11 in River front Subdivision No. 3 in the Citl of Dubuque, Iowa, as the same ap pear upon the plat of said Subdi vision prepared by Bartels & Mc Mahan, Engineers, under date o April 20, 1959 to The Eska Com zany, Inc., for a purchase price of hree thousand dollars ($3,000) per acre, under the terms and condi- ions set forth in its letter of April :0, 1959, which letter is now on 'ile in the office of the City Clerk, ~e and the same is set dolvn for public hearing at the City Council chambers in the City Hall in the amity of Dubuque, Iowa on May 13, 1959, at 7:30 o'clock P.M., and that the City Clerk be and he is hereby authorized and directed to give notice of such hearing by publication in the Telegraph Her• old once each week far two con- secutive weeks, the last of which publications shall be not less than ten (10) days prior to the date of such hearing. Passed, adopted and approved this 30th day of April, A. D. 1959. CHARLES A. I{IIVTZINGER Mayor GEORGE A. FREUND LEO N. SCHUEId.ER CLARENCE P. WELD Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Welu. Nays-None. Councilman Takos not voting. RESOLUTION N0. 92.59 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE Pl RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of this City. CLASS "B" pERM1T Herbert F. Bisping, 1401 Elm Street Carl N, Brant, 2600 Central Avenue Lester M, Lochner, 177 Main Street Merlyn L. Weber, 1904 Central Avenue CLASS "C" PERMIT Earl J. McNamara, 1046 University Avenue Ernest E. Latham, 1205 Cleveland Avenue 206 Special Session, April 20, 1959 Passed, adopted and approved this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 93.59 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit, CLASS "B" PERMIT Herbert F. Bisping, 1401 Elm Street Carl N. Brant, 2600 Central Avenue Lester M, Lochner, 177 Main Street Merlyn L. Weber, 1904 Central Avenue CLASS "C" PERMIT Earl J. McNamara, 1046 University Avenue Ernest E. Latham, 1205 Cleveland Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli• cants be and the same are hereby approved, Passed, adopted and approved this 20th day of April, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 9459 Resolution Requiring Abutting Property Owners to Make Sewer and Water and Gas Connections. WHEREAS, the City Council has heretofore adopted Resolution No. 47.59, being the Resolution of Ne- cessity for permanently improving City of -Dubuque 1959 Bituminous Surfacing Project No. 1, Sections I, H and HI. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the Sewer Water and Gas mains to the curb line of said property prior to June 1, 1959. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac• cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be as• sessed against such abutting prop- erty. Adopted this 20th day of April, 1959, CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- Special Session, April 20, 1959 207 ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Iintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 95.59 ! ; Resolution Requiring Abutting Property Owners to Make Sewer and Water and Gas Connections. WHEREAS, the City Council has heretofore adopted Resolution No. 51.59, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No, 1. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of 6 the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said improve- me tnare hereby required to make connections from the sewer and water and gas mains to the curb ' line of said property prior to June 1, 1959; Section 2. That the City Clerk is 1 hereby authorized and directed to f serve a written notice on such ~° abutting property owners in ac- cordance with Ordinance No, 128, ordering compliance with this Res• olution; # Section 3. That in the event any - such property owner shall fail or ~ refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- lion made upon a contract made t and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. ~ .~ Adopted this 20th day of April, 1959. CHARLES A. KINTZINGER 1 Mayor f GEORGE A. FREUND "" LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT f; ( City Clerk ;. ~` Councilman Welu moved the ,~ " u adoption of the resolution. Second• ed by Councilman Schueller. Car- N ried by the following vote: ~ l~ Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the City Engineer be instructed to prepare proceedings on the 1959 sidewalk program and have date of public hearing set up for July 6, 1959. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. LEO F, FROMMELT City Clerk Approved ................................1959. Adopted ..................................1959. Councilmen i .......................... ......... Attest ................................................ City Clerk