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1958 April Council ProceedingsRogular Session, Apri17, 1958 159 CIiY WUN(IL (OFFICIAL) Regular Session, April 7, 1958. Council met at 7:30 P. M. Present-Mayor Welu, Council• men Freund, Kintzinger, Schueller, Takos. City Manager Schiltz. Mayor Welu read the call and stated that this is the regular monthly meet- ing of the City Council far the pur- pose of acting upon such business as may property come before the meeting. Proof of publication, certified to by the Publisher of Notice of Pendency of Resolution of Neces- sity for Public Improvements and Hearing upon Proposed Plans and Speeifications, Form of Contract and Cost of Improvements for the construction of the City of Dubuque 195$ Hot Mix-Hot Laid Asphaltic Concrete Paving Project. No. 1 on the following named streets: 1. Windsor Avenue from the East Property Line of 22nd Street to the north property line of alley first south of Strauss Street. 2.22nd Street from the east prop- erty line of Central Avenue to the south property line of Windsor Avenue. 3. West 3rd street from the west track of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the east property line of Main street. 4. West 2nd street from the west track of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the east property line of Locust street. presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. STATE OF IOWA ) SS. DUBUQUE COUNTY ) I, Leo F. Frommelt, City Clerk, hereby certify that on March 19, 1958 a copy of the attached notice of Pendency, showing the date of public hearing, was mailed by or• dinary mail to the owners of the property subject to assessment for the proposed improvement, as shown by the records in the office of the County Auditor. Said im• provement being known as "City of Dubuque 1958 Hot•Mix Hot•Laid Asphaltic Concrete Paving Project No. 1". LEO F. FROMMELT, City Clerk Councilman Kintzinger moved that the statement be received and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of Mrs. Mary Harvey, objecting to the proposed assessment incurred by the im- provement of East 22nd street, pre• sented and read. Councilman Kint• zinger moved that the objection be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas---Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos.. Nays-None. Communication of L i n w o o d Cemetery Association, objecting to the proposed resurfacing of Wind• sor Avenue stating that the present brick surfacing is in good condition and that under prevailing economic conditions it is neither justified nor necessary, presented and read. Councilman Kintzinger moved that the obpection be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Carl G. Hille et al, signed by approximately 8?% of the property owners affected, ob• jetting to the proposed surfacing of East 22nd street stating that by raising the street three inches it would create an additional water hazard in the event of heavy rains and that the existing pavement is 160 Regular Session, April 7, 1958 in serviceable condition at the present time, presented and read. Mayor Welu moved that the peti- tion be received and filed. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Petition of John Christensen et ux objecting to the improvement of Windsor Avenue, stating that the cost of improvement is exces- sive and not in proportion to the benefits conferred, presented and read. Mayor Welu moved that the petition be received and filed, Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Klauer Julien Hotel et al objecting to the proposed sur- facing of West 3rd from C. M, St. P, R. R, tracks to the east property line of Main street, presented and read. Mayor Welu moved that the petition be received and filed, Sec- onded by Councilman Freund. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Klauer Julien Hotel objecting to the proposed surfacing of Second Street between Main and Iowa street, presented and read, Mayor Welu moved that the peti- tion be received and filed, Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Freund moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr. Harold Mulert of 2426 Wind- sor Avenue addressed the Council objecting to the proposed improve- ment of Windsor avenue because same would necessitate the raising of the street three inches when the Hot Mix-Hot Laid Asphalt is ap- plied, which would cause flooding of his property at the time of heavy rains, Mr, Walter J. Kupferschmidt of 2608 Windsor avenue addressed the Council stating that the proposed improvement of Windsor Avenue is needed and requested an ex• planation of the possible cost. Mayor Welu moved that the im- provement of East 22nd street from the east property line of Central Avenue to the south property line of Windsor Avenue be deleted en- tirely from the City of Dubuque 1958 Hot Mix-Hot Laid Asphaltic Concrete Propect No. 1. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr. Cyril Lampe addressed the Council stating that he represents the Fischer interests and called the Council's attention to the fact that the petition presented object- ing to the proposed resurfacing of 3rd street was signed by 100% of the property owners. The property owners were of the opinion that the street is still in fairly good condition. City Manager Schiltz stated that it has cost the City con- siderable expense to repair the street, especially the part from the Milwaukee tracks to Iowa Street. Councilman Kintzinger moved that the improvement of West 3rd Street be deleted from Main street to the west property line of Iowa street, Seconded by Councilman Freund. Roll call taken on the mo- tion was as follows: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller. Nays-Takos. Motion failed. Mayor Welu moved that the im- provement of West 3rd street from the west track of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the east property line Regular Session, April 7,1958 181 of Main street be deleted entirely from the City of Dubuque 1958 Hot Mix-Hot. Laid Asphaltic Concrete Surfacing project No. 1. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Mr. Francis O'Connor addressed the Council stating that he repre- sented the Klauer Julien Hotel and the Eska Company in objecting to the proposed improvement of West 2nd street from the west track of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the east property line of Locust street, The property owners in the area are of the opinion that a small area in the middle of the street is the only part that needs attention. Councilman Kintzinger moved that West 2nd street from the west track of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the east property line of Locust Street, be deleted from the City of Dubu- que 1958 Hot Mix-Hot Laid Asphal- tic Concrete Paving Project No. 1, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Kintzinger moved that all portions of the City of Dubuque 1958 Hot Mix-Hot Laid Aspahltic Concrete Paving Prop ject No, 1 that have not been previously deleted be approved and a resolution adopted. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION NO. 67.56 RESOLUTION AMENDING RESO- LUTION N0, 51F59. Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That Resolution No. ;51.58,. being the Resolution of Necessity for the City of Dubuque 1958 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets there- from: 22nd street from the east prop- erty line of Central Avenue to the sough property line of Windsor Avenue. West 2nd street from the west track of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the east property line of Locust Street. West 3rd street from the west track of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the east property line of Main Street. Passed, adopted and approved this 7th day of April 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Decision of Council upon objec- tions to plans, specifications form of contract and cost of im- provements. RESOLUTION NO. 68.58 WHEREAS, proposed plans and specifications and farm of contract for the construction of CITY OF DUBUQUE 1958 HOT MIX-HOT LAID ASPHALTIC PAVING PRO- JECT N0. 1 for surfacing on the following named street; Windsor Avenue from the east property line of 22nd street to the north property line of alley first south of Strauss street. has been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all obpections to said plans, specifications or contract for or cost of such improvements, said time being this 7th day of April, 1958; and WHEREAS, the City Council met in regular session this 7th day of ~~. 182 Regular Session, April 7,1958 I 1 i April, 1958, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications ar contract for or cost of the improvement herein described and proposed 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 RE90LVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, 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 ap• proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been fAed to the plans, specifications and form of cost said improvement be a matter of permanent record in connection with said improvement, Passed, adopted and approved this 7th day of April, 1958. CLARENCE P. WELU, Mayor 1, The assessment limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the CITY OF DUBUQUE 1958 HOT MIX•HOT LAID ASPHALTIC CON• CRETE PAVING PROJECT N0. 1 Windsor Avenue from the East Property Line of 22nd Street to the North property line of alley first south of Strauss Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel• fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall b GEORGE A. FREUND LEO N SCHUELLER a C00' strutted and done in accordance . CHARLES A, KINTZINGER with the plans and specifications which have been prepared there- PETER J. TAKOS fore by the City Engineer which ~ Councilmen Attest: LEO F. FROMMELT, have been approved by the City Council and are now on file with City Clerk the City Clerk. That the cost and Mayor Welu moved the adoption expense of making said improve- of the resolution. Seconded by ment will be assessed upon and ~ I 'd Councilman Freund. Carried by against all privately owned prop- the following vote: erty lying within assessable dis- Yeas-Mayor Welu, Councilmen tance provided by ]aw and in an Freund, Kintzinger, Schueller, amount not to exceed the amount Takos. provided by law, property will be Nays-None. assessed whether the same abuts T (Necessity for Improvement) thereon or is adjacent thereto RESOLUTION N0. 51.58 according to area and in proportion WHEREAS, proposed p 1 a n s, to the special benefits conferred thereby and any deficiency shall specifications, form of contract, be paid out of the street funds plat and schedule have been duly . Street Improvement Bonds shall prepared and approved by the City be issued and sold in anticipation Council of the City of Dubuque and are now on file in the office of deferred payments of assess- menu when a contract has been of the City Clerk showing among performed and accepted and the - other things the following: proceeds thereof used to pay Regular Session, Apri17,1958 1R`3 the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plat- ed on file with the City Clerk this 3rd day of March, 1958 Approved and placed on file far final action. CLARENCE P. WELU, Mayor GEORGE A FREUND LEO N, SCHUELLER CHARLES A. KIlVTZINGER PETER J. TAKO5 Councilmen Attest: LEO F, FROMMELT City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 7th day of April, 1958. CLAl1ENCE P, WELU, Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER rr;r~R d. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk (Ordering Construction) ftE50LUTI0N N0.69.58 BE IT RESOLVED BYr. THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 51.58 which was duly passed by this Council, for !the construction of CITY OF DUBUQUE 1958 HOT MIX-HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT N0, 1 for the surfacing of the following named street; Windsor Avenue from the east property line of 22nd street to the north property line of alley first south of Strauss street, be and the same is hereby ord• erect and constructed by this Coun• cil 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 hereto- fore adopted and now on file in the office of the CUty Clerk. BE IT FURTHER RESOLVED that the cast and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds, Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be completed on or before 45 calendar days after notice to proceed is issued, BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLU710N N0. 10.58 RESOLUTION REQUH{ING ABUT- TING PROPERTY OWNERS TO MAKE SEWER AND WATER AND GAS CONNECTIONS WHEREAS, the City Council has heretofore adopted Resolution No. 51.58, being the Resolution of A 164 Regular Session, Apri17, 1958 Necessity for permanently improv- ing The 1958 City of Dubuque Hot Mix-Hot Laid Asphaltic Concrete Surfacing Propect No. 1. N6W, 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 im- provement are hereby required to make connections from the Sewer, water and gas mains to the curb line of said property prior to May 15th, 1958; 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 Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nectionmade upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 7th day of April, 1958, CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KRVTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for Public Improvements and hearing upon proposed plans and specifications, Form of contract and Cost of Improvements for the construction of the City of Du- buque 1958 Concrete Curb and Gutter Project No, 1, on the follow ing named streets: 1. Kane Street from the East Property Line of Carter Road ex- tended to the East Property Line of Mineral Lot 376A. 2. Kane Street from the East Property Line of Mineral Lot 376A to the East Property Line of Lot 1-2-1 of Mineral Lot 351. 3, Carter Road from the East Property Line of Kaufmann Av enue to the South Property Line of Kane Street. 4. Kaufmann Avenue from Lot No. 1 to Weidenbacher's Subdivi- sion to the East Property Line of Carter Road, 5. Bunker Hill Road from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. 6. Kane Street from the East Property Line of Primrose Street to the North Property Line of Kaufmann Avenue. 7, Merfeld Lane from the West Property Line of Bunker Hill Road to the West end of the street. 8. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 9. Custer Street from the West Property Line of Grandview Av- enue to the East Property Line of Atlantic Street. 10. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhom- berg Avenue. 11. Southern Avenue from the end of the present curb to the South Property Line of Lot No. 2-1 of Mineral Lot 9. 12. Glen Oak Street from the North Property Line of Edina Street to the end of platted street. 13. St. Anne Street from the ex- isting curb to Flora Park. 14. Adeline Street from the East Property Line of Ramona Street to east end of street. 15. Davis Avenue from the East Property Line of Windsor Avenue to East Property Line of Lot No. Regular Session, Apri17,1958 185 2.1.1W/:-Lot 3 of the NE'/a Section 13 T89N R2E 5th P. M. 16. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub of Lot 1.150 and 150A of L. H. Langworthy Addition. 17. Lombard Street from the West Property Line of West 50'- East 100' of Lot 2.2.11 of Westabys Sub, to the West Property Line of Collins Street. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, STATE OF IOWA ) SS. DUBUQUE COUNTY ) r I, Leo F. Frommelt, City Clerk, hereby certify that on March 19, 1958 a copy of the attached notice of Pendency, showing the date of public hearing, was mailed by or- dinary mail to the owners of the property subject to assessment for the proposed improvement, as shown by the records in the office of the County Auditor. Said im- provement being known as "City of Dubuque 1958 Concrete Curb and ," Gutter Project No. 1.". LEO F. FROMMELT, City Clerk Mayor Welu moved that the statement be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen ~ Freund, Kintzinger, Schueller, ~! Takos. Nays-None. Petition of Earl Marsh et al re- questing that Merfeld Lane from Bunker Hill to Montana be deleted from the 1958 Curb and Gutter project because of the heavy assess- ment they have had in the last two years and subsequent expenses derived from improvements in the j area, presented and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Communication of Earl Marsch requesting that curb and gutter and paving be deleted from Mer- feld Lane because of the heavy fin- ancial burden for assessments prey iously scheduled for improvements made in previous years, presented and read. Mayor Welu moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of John M. Walsh et al objecting to the paving of Hender- son street from the north property line of Bradley street to the south property line of Grandview av- enue, presented and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Mrs, Ralph Cremer et al requesting the City to bear the cost of six feet in width of pave• ment beyond a thirty foot street on Kane street from Kaufmann avenue to Primrose street, present- ed and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Bernice Havens et al objecting to the proposed resurfac- ing of Kane street presented and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ! { I ~~ '~i - I 186 Regular 6ession, Apri17, 1958 Petition of Otto A. Wimmer et al objecting to the proposed improve- ment of Meadow Lane because of the permanent damage that will be done to their home situated on Lombard street, presented and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of N. M. Sutton expressing his thanks to the Coun- cil for including the proposed im- provement of Bissell Lane in the resurfacing program of 1958, pre• sented and read. Mayor Welu mov- ed that the communication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of Carl J. Noel objecting to the condition of the street at the intersection of Kane street and Springgreen Court after heavy rains, presented and read, Mayor Welu moved that the com- munication be received and filed, Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of John Duncan Glob objecting to the resurfacing of Henderson street from the north property line of Bradley to the south property line of Grandview and suggesting that the portion of the paved street damaged by sewer installation some years ago be propertly repaired, presented and read. Mayor Welu moved that the communication be received and fil- ed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Petition of Back C. Jones et al objecting to the proposed curb and gutter and surfacing improvement on Lombard street from Gandolfo to the end of the street because the street is not ready for this sort of improvement as there is no sewer, water or gas lines on one side of the street, presented and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Freund Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of James Urell and Thomas J, Hickey stating that they are in full accord with the improvement of Lombard street for the installation of curb and gutter and surfacing, presented and read. Mayor Welu moved that the com- munication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas.-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Petition of Mr, and Mrs. Joseph Haupert objecting to the assess• ments on Lots four and five in the Homestead Street Assessment, pre• sented and read, Mayor Welu mov- ed that the petition be received and filed. Seconded by Councilman Freund. Carried by the following vete: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Mr. Earl Marsch, Carl Fincel, M. Patterson addressed the Council ob- jecting to the curb and gutter pro- gram on Merfeld Lane, Mayor Welu moved that Merfeld Lane from the west property line of Bunker Hill Road to the east property line of Floraview Drive (formerly Montana Street) be delet• ed from the City of Dubuque 1958 Curb and Gutter Project No. 1, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Regular Session, Apri17,1958 187 Freund, Kintzinger, Schueller, Takos. Nays-None. No oral objections were made on the balance of the curb and gutter program. No oral objections were made on the improvement of Meadow Lane. Mayor Welu moved that the curb and gutter program on Mea• Bow Lane be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor WeIu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr. Jack Bones addressed the Council objecting to the improve- ment of Lombard Street stating that the area is not ready for development. Mr. Thomas hickey, James Urell and Joseph Duschek addressed the Council stating that they were in favor of the improve• went of Lombard street. Mayor Welu moved that the Curb and Gutter program on Lombard street be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Conncilmea Freund, Kintzinger, Schueller, Takos. Nays-None. Mrs. Eldon Vogt, Leo Hickie, Floyd Knuppe, Robert McCabe and Ralph Cramer all objected to the curb and gutter improvement on Kane street. Mr. AI Boleyn of 1000 Kane street addressed the Council making inquiry as to what they thought was a fair price for some of his ground needed by the City to make proper improvement of Kane street. Mayor Welu moved that Kane street from the east property line of Primrose street to the north r.•r;.rty line of Kaufmann avenue be deleted from the City of Du- buque 1958 Curb and Gutter pro- ject No. 1. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr. Bellman and Mr. Hedrick made inquiry as to getting sewer and water to their property oa the west end of Kane street. RESOLUTION N0.11.58 RESOLUTION AMENDING RESO• LUTION N0. 47-58 Be It Resolved by the City Council of the City of Dubuque: Section 1. That Resolution No. 47.58, being the Resolution of Nec- essity for the CITY OF DUBUQUE 1958 CONCRETE CURB AND GUTTER PROJECT N0. 1, be and We same is hereby amended by deleting the following portios of the following named streets there- from: The north side of Merfeld Lane from the West Property Line of Floraview Drive west to Flora Park. (as per approval of City Manager's recommendation as voted upon at the special Council meeting of March 31, 1958) Merfeld Lsne from the west property line of Bunker Hill Road to the east property line of Flora- view Drive (formerly Montana Street). Kane street from We east prop• arty line of Primrose street to the north property line of Kaufmann Avenue. Passed, adopted and approved this 7th day of April, 1958. CLARENCE P. wri,U Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KIlW iGUdGER rrrrrtt J. TAROS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Decision of Council upon ob• (actions to plans, specifications, form of contract and cost of im• provements. RESOLUTION N0. 7Z--58 Whereas, pry, ~.,~d plans and specifications and form of contract for the rnna:..;.2ion of the CFPY ' I i 188 Regular Session, Apri17,1958 OF DUBUQUE 1958 CONCRETE CURB AND GUTTER PROJECT N0. 1 on the following portions of the following named streets: 1, Kane Street from the East Property Line of Carter Road ex• tended to the East Property Line of Mineral Lot 378A, 2. Kane Street from the East Property Line of Mineral Lot 376A to the East Property Line of Lot 1.2.1 of Mineral Lot 351. 3. Carter Road from the East Property Line of Kaufmann Ave- nue to the South Property Line of Kane Street. 4. Kaufmann Avenue from Lot 1 of Weidenbacher's Subdivision to the East Property Line of Car- ter Road, 5, Bunker Hill Road from the South Property Line of Clarke Drive to the North Property line of Asbury Road. B. Merfeld Lane from the West Property Line of Floraview drive to the west end of street, (South Side only), 7. Meadow Lane from the south Property line of Lombard Street to the North Property Line of Dodge Street. 8. Custer Street from the West Property Line of Grandview Av- enue to the East Property Line of Atlantic Street. 9. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhom• berg Avenue. 10. Southern Avenue from the end of the present curb to the South Property Line of Lot No, 2.1 of Mineral Lot 9. 11. Glen Oak Street from the t North Property Line of Edina Street to the end of the platted street, 12. St. Anne Street from the existing curb to Flora Park. r 13. Adeline Street from the East o Property Line of of Ramona Street to east end of street. s 14, Davis Avenue from the east I i Property Line of Windsor Avenue p to East Property Line of Lot No, w 2.1.1 W~x•Lot 3 of NE~/a Section 13 T. 89 N R 2E 5th P. M, t 15. Hempstead Street from the South Property Line of Kaufmann Avenue_ to the North Property Line of Lot 2 of the Sub of Lot 1.150 and 150A of L. H, Langworthy Ad- dition, 16. Lombard Street from the West Property Line of West 50'- East 100' of Lot 2.2.11 of Westabys Sub. to the West Property Line of Collins Street, have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such improvements, said time being this 7th day of April, 1958; and Whereas, the City Council met in regular session this 7th day of April, 1958, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro• posed plans, specifications or con- tract for or cost of the improve. meat 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 he same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this esolution containing the decision f this Council upon all objections which have been filed to the plans, pecifications and form of cost said mprovement be made a matter of ermanent record in connection ith said improvement. Passed, adopted and approved his 7th day of April, 1958. CLARENCE P. WELU Mayor °~ I Regular Session, Apri17,1958 189 GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER r~r~;x J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. (Necessifiy for Improvemenfi) RESOLUTION N0. 47-58 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat• ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of City of Dubuque 1958 Concrete Curb and Gutter Project No. 1 on the following named streets: i. Kane Street from the East Property Line of Carter Road ex- tended to the East Property Line of Mineral Lot 376A. 2. Kane Street from the East Property Line of Mineral Lot 376A to the East Property Line of Lot 1.2.1 of Mineral Lot 351. 3. Carter Road from the East Property Line of Kaufmann Av enue to the South Property Line of Kane Street. 4. Kaufmann Avenue from Lot 1 of Weidenbacher's Subdivision to the East Property~Line of Carter Road. 5. Bunker Hill Road from the South Property Line of Clarke Drive to the North Property line of Asbury Road. 6. Merfeld Lane from the West Property line of Floraview Drive to the west end of street. (South Side only). 7. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 8, Custer Street from the West Property Line of Grandview Av- enue to the East Property Line of Atlantic Street. 9. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhom- berg Avenue. 10. Southern Avenue from the end of the present curb to the South Property Line of Lot No. 2.1 of Mineral Lot 9. 11. Glen Oak Street from the North Property Line of Edina Street to the end of the platted street. 12. St. Anne Street from the ex- isting curb to Flora Park. 13. Adeline Street from the East Property Line of Ramona Street to east end of street. 14. Davis Avenue from the East Property Line of Windsor Avenue to East Property Line of Lot No. 2-1.1 W'/a-Lot 3 of NE'/a Section 13 T89N R 2E 5th P. M. 15. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub of Lot 1.150 and 150A of L. H. Langworthy Addition, 16. Lombard Street from the West • Property Line of West 50'- East 100' of Lot 2.2.11 of Westabys Sub. to the West Property line of Collins Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall -rrf l ~~ .' ;. ,~ ' ~~ __ ~r I 170 Regular Session, Apri17,1958 tie deemed to have waived all ob• sections thereto. Said improvements shall be con strutted and done in accordant with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, propertq will be assessed whether the same abuts thereon or is adjacent thereto according to area and in pro- portion to the special benefits conferred thereby, and any defi• ciency shall be paid out of the street funds. Street Improvement Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1958. Approved and placed on file for final action. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. gINTZINGER re;r~n J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended by the City Council this 7th day of April, 1958. CLARINCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINT2INGER rrrr~rt J. TAKOS Councilmen (Ordering Construction) RESOLUTION N0. 7358 Be it resolved by the City Coun- e cil of the City of Dubuque that pursuant to a resolution of ne• cessity Na. 47.58 which was duly passed by this Council, for the construction of the CITY OF DU- BUQUE 1958 CONCRETE CURB AND GUTTER PROJECT N0.1 on the following portions of the fol• lowing named streets: 1. gene street from the east property line of Carter Road ex• tended to the east property line of Mineral Lot 376A. 2. Kane street from the east property line of Mineral Lot 376A to the east property line of Lot 1•&1 of Mineral Lot 351. 3. Carter Road from the east property line of Kaufmann Avenue to the south property line of Kane Street. 4. Kaufmann Avenue from Lot 1 of Weidenbacher's Subdivision to the east property line of Carter Road. 5. Bunker Hill Road from the south property line of Clarke Drive to the north property line of As- bury Road. 6. Merfeld Lane from the west property line of Floraview Drive to the west end of street. (South Side only). 7. Meadow Lane from the south property Une of Lombard street to the north property line of Dodge street. 8. Custer street from the west Property line of Grandview Avenue to the east property line of At• lantic street. 9. Hawthorne street from the south property line of Lincoln to the north property line of Rhom• berg avenue. 10. Southern avenue from the end of the present curb to the south property line of Lot No. 21 of Mineral Lot 9. 11. Glen Oak Street from the north property line of Edina street to the end of the platted street. 12. St. Anne street from the existing curb to Flora Park. 13. Adeline Street from the east property line of Ramona street to east end of street. 14. Davis Avenue from the east Property line of Windsor avenue to east property line of Lot No. Regular Session, Apri17,1958 171 3.1.1 WVi•Lot 3 of NE'A Section 13 T. 89 N R SE 5th P. M. 15. Hempstead street from the south property 11ne of Kaufmann avenue to the north property line of Lot 2 of the Sub. of Lot 1.150 and 150A of L. A. Lan„~~.,,,~hy Addition. 16. Lombard street from We west property line of West 50'•East 100' of Lot 2.211 of Westabys Sub. to the West Property line of Col• lins street, be and the same are hereby ordered and constructed by this Council upon its own mo• lion and with or without the pet~~ lion of property owners. All the work shall be constructed in ac- cordance with the plans and spec- ifications heretofore adopted and now on file in the office of the Citq Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are arjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac• eepted by the City Council. BE 1T FURTHER RESOLVED that the City Clerk be and be is hereby ordered and directed to ad• vertise for proposals for the con- struction of the various improve~ menu herein provided for in the manner provided by law, the said improvements shall be completed on or before 130 calendar days after notice to proceed !e issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of inunediate 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 April, 1958. CLARENCE P. yVELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. Icir1TZINGER 1•~rc;nJ. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Sehueller moved the adoption of the resolution. 5econd• ed by Councilman Kintpnger. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nay~•-None. Proof of Pubflcatfon, certified to by the Publisher, or Notico of Pendency of Resolution o! Neces• airy for Public Improvements and Hearing upon proposed Pians end Specifications, form of Contract sad Cost of Improvements, for the construction of CITY OF DUBU• QUE 1958 ai1JIdINOUS CON• t;xr~irr PAVING PROJECT N0. 1, on the following named streets: 1, gaufmann Avenue from the end of existing curb at the West Property Line of Lot 1 of Weiden• bather Sub to the East Property Line of Carter Road. 2 Bunker 1TiU Street from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. 3. Kane Street from the East Property Line of Primrose Street to the North Property Line of Kaufmann Avenue. 4. Montana Street from the South Property Line of Wilbricht Lane to the North Property Line of Merfeld Lane. 5. Wilbricht Lane from the West Property Line of Asbury Road to the west end of Street. 8. Merfeld Lane from the West Property Line of Bunker Hill Road to the west end of street, 7. lfeadow Lane from the South P1~r..:,~ Line of Lombard Street to the North Property Line of Dodge Street. 8. Custer Street from the West Property Line of Grandview Av enue to the East Property Line of Atlantic Street. ~~' 172 Regular Session, Apri17,1958 9. Chaney Road from the Sou Property Line of Hillcrest Road the North Property Line of Pe sylvania. 10. Hawthorne Street from t South Property Line of Lincoln the North Property Line of Rho berg Avenue. 11. Glen Oak Street from t North Property Line of Ed' Street to the end of platted stree 12. Lombard Street from th West Property Line of West 50' East 100' of Lot 2.2.11 of Westabys Sub to the West Property Line of Collins Street. 13. Henderson Street from th North Property Line of Bradle Street to the South Property Lin of Grandview Avenue. 14. Alley between Locust & Bl running from the North Prope Line of Jones Street to the Sou ~PertY Line of 5th Street. 15. Davis Avenue from the Ens 1'r'oPerty Line of Windsor Avenue to the East Property Line of Lot No. 2.1-1•Wy:-Lot 3 of the NE~/a Section 13 T89N R2E 5th P. M. 16. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Loe 2 of the Sub of 1-150 and 150A L. H. Langworthy Addition. 17. Bissell Lane from the North Property Line of Dodge Street to the South Property Line of Jones Street. presented and read. Mayor Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. STATE OF IOWA .DUBUQUE COUNTY ~ SS. I, Leo F. Frommelt, City Clerk hereby certify that on March 19, 1958 a copy of the attached notice of Pendency, showing the date of public hearing, was mailed by or• Binary mail to the owners of the Property subject to assessment for shown b~ ther ecodsin the office th of the County Auditor. Said im• to provement being known as "City of nn- Dubuque 1958 Bitunnous Concrete Paving Project No. 1." he Leo F. Frommelt, to City Clerk m• Councilman Takos moved that the statement be received and filed. he Seconded by Councilman Schueller. ma Carried by the following vote: t. Yeas-Mayor Welu, Councilmen e Freund, I{intzinger, Schueller, _ Takos. Nays-None. RESOLUTION N0. 1458 RESOLUTION AMENDING RESO• e LUTION N0. 55.58. e Be It Resolved by the City Coun• cil of the City of Dubuque: ~ That resolution No. 55.58 being ~, the resolution of necessity for City ~ of Dubuque 1958 Bituminous Con- crete Surfacing Project No. 1 be and the same is hereby amended t by deleting the following portions of the following named streets therefrom: Kane street from the east prop- erty line of Primrose street to the north property line of Kaufmann Avenue. Merfeld Lane from the west property line of Bunker Hill Road to the east property line of Flara• view Drive (formerly Montana Street). Lombard street from the west property line of West 50' East 100' of Lot 2.2.11 of Westabys Sub. to the west property line of Collins street. Henderson street from the north property line of Bradley street to the south property line of Grand• view Avenue. Passed, adopted and approved this 7th day of April 1958. CLARENCE P. WELU, Mayor GEORGE A, FREUND LEO N. SCIiUELLER CHARLES A. I{INTTZINGER rr r~R J. TAKOS Attest: LEO F. FROMMEI,Tcilmen City Clerk Councilman Kiatzinger moved the adoption of the resolution. Sec• Regular Session, Apri17,1958 173 onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. DECISION OF COUNCIL UPON ~ OBJECTIONS TO PLANS, SPECIFI• CATIONS, FORM OF CONTRACT AND COST OF DIRPROVEMENTS RESOLUTION N0. 7558 WHEREAS, proposed plans and specifications and form of contract for the construction of CITY OF DUBUQUE 1958 BITU14IDd0US CONCRETE PAVING PROJECT N0. 1, on the following named streets; 1. Kaufmann Avenue from the end of existing curb at the west property Line of Lot 1 of Weiden- bacher Sub. to the East property line of Carter Road. 2. Bunker Hill street from the south property line of Clarke Drive to the north property line of As• bury Road. 3. Floraview Drive (formerly Montana Street) from the south property line of Wilbricht Lane to the north property line of Mer• feld Lane. 4. Wilbricht Lane from the west property line of Asbury Road to the west end of Street. 5. Merfeld Lane from the west property line of Floraview Drive to the west end of street. 6. Meadow Lane from the south property line of Lombard street to the north of property line of Dodge street. 7. Custer street from the west property line of Grandview Avenue to the east property line of Atlan- tic street. 8. Chaney Road from the south property line of Iiillcrest Road to the north property line of Penn- sylvania. 9. Hawthorne street from the south property line of Lincoln to the north property line of lthom• berg Avenue. 10. Glen Oak street from the north property line of Edina street to the end of platted street. 11. Alley between Locust & Bluff running from the north property line of Jones street to the south property line of 5th street. 12. Davis Avenue from the east property line of Windsor Avenue t0 the east property line of Lot No. 2-1.1•W%:-Lot 3 of NE~/a Section 13 T89N 5th P. M. 13. Hempstead Street from the south property line of Kaufmann Avenue to the north property line of Lot 2 of the Sub of 1.150 and 150A L. H. Langworthy Addition. 14. Bissell Lane from the north property line of Dodge Street to the south property line of Jones Street. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 7th day of April, 1958; and WHEREAS, the City Council met in regular session this 7th day of April, 1958, at 7:30 o'clock P. M. at the CouncIl Chambers in the City Hall for the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro• posed plans, specifications or con• tract for or cost of the improve~ went herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifi- cations, 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 FUR~rt~;ct 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. 174 Regular Session, April 7,1958 Passed, adopted and approved this 7tb day of April, 1958. CLARENCE P. WELD, GEORGE A. FRED D~~ LEO N. SCHUELLEl3 CHARLES A. KIIVTZINGER Pr;rrai J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car. rind by the #ollowing vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-Novo. (Neasatty for Improrementj RESOLUTION N0. SS,f! rr nrnr;AS, Proposed g 1 a n s. specifications, form of contract, plat and schedule have been duly prepared and approved Dy the City Council of the City of Dubu• qua and are noW on file in the of #ice of the City Clerk showing among other things the following: !. The Aaseasment Limits. 2. The streets to be Improved. 3. The width e# such improve- ment. 4, Each lot proposed to be as• sassed together vrith a valuation fixed by the council, 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to 4e used. (i. IA each case We amount there- of which is estimated to be assess- ed against each lot, for the con• struction of CITY OF DUBUQUE 1958 BITUMINOUS CONCRETE PAVING PROJECT N0. l an Ute #ollowing named streets: 1. Sauftnann Avenue from the end of existing curb at the wort property line of Lot 1 of Weiden- bacher Sub. to the East Pr., G„~y line of Carter Road. 2. Bunker Hill street from the south property line of Clarke Drive to the north r ., , ~ .::iy line of As• bury Road. 3. Floraview Drive (formerly ' Montana Street} from We south property line of Wilbricht Lane to the north property line of Merfeld Lane. 4. Wilbricht Lane from the west property line of Asbury Road to the west end of Street. 5. Merfeld Lane from the west property line of Fl...,,~,ew Drive to the west end of street. & Meadow Lane from the south property line of Lombard street to the north property Iine of Dodge street. 7. Custer street from the west property line of Grandview Avenue to the east property line of Atlan• tic street. 8. Chaney Road from the south property line of Hillcrest Road to the north property line of Penn- sylvania. 9. Hawthorne street from the south property line of Lincoln to the north property line of Rhom• berg Avenue. l0, Glen Usk street from the north property line of Edina street to the end of platted street. li. Alley between Locust & Bluff running from the north property Iine of Jones street to the south property line of 5th street, 12. Davis avenue from the east property Iine of Windsor Avenue to the east property line of Lot No. 2-1-1•W~•I,ot 3 of NE'/a Section 13 T89N 5th P. M, 13. Hempstead Street from the south property Iine of Kaufmann Avenue to the north property line of Lot 2 of the Sub of 1.150 and 150A L. H, Langworthy Addition. 14. Bissell Lane from the north property line of Dodge Street to the south property line of Jones street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems is advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed reso- lution have on file with the City Clerk obpections to the amount of We proposed assessments, they shall be deemed to have waived all objections thereto. Regular Session, Apra 7,1958 17S Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are on file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area end in proportion to the special benefits conferred thereby, C and any deficiency shall be paid out of the street funds. Street Improvement Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plea ed on file with the City Clerk this 3rd day of March, 1958. 1 Approved and placed on file for final action. CLARENCE P. WELD, Mayor ~ GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER r~r~d J. TAKOS Councilmen I Attest: LEO F. FROMMELT, City Clerk RHCORD OF FINAL ADOPTION as The foregoing resolution was fin- - ally passed and adopted, as amend- a ed by the City Councll this 7th day of Aprfl, 1956. CLARENCE P. WELU, Mayor GEORGE A. FREUND ~ LEO N, SCHUELLER CHARLES A. KINTZIIJGER PETER J. TAKOS Councilmen {Orderino Construotionj RESOLUTION N0. 7668 BE 1T RE30LVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a rasa lotion of necessity No. 55.58 which was duly passed by this Council, for the construction of City of Dubuque 1958 Bituminous Concrete Paving Project No. l on the follow- ing named streets: 1. Kaufmann Avenue from the end of existing curb at the west property line of Lot 1 of Weiden- becher Sub. to the East property line of Carter Raad. 2. Bunker Hill street from the south property line of Clarke Drive to the north property line of As• bury Road. 3. Floraview Drive (formerly Montana Street) from the south property line of Wilbricht Lane to the north property line of Merfeld Lane. 4. Wilbricht Lane from the west property line of Asbury Road to the west end of Street. 5. Merfeld Lane from the west property line of Floraview Drive to the west end of street. 6. Meadow Lane from the south property line of Lombard street to the north property line of Dodge street. 7. Custer street from the west property line of Grandview Avenue to the east property line of Atlantic street. 8. Chaney Road from the south property line of Hillcrest Road to the north property line of Pean- sylvarua. 9. Hawthorne street from the south property line of Lincoln to the north property line of Rhom- berg Avenue. 10. Glen Oak street from the north property line of Edina street to the end of platted street. 11. Alley between Locust & Bluff running from the north property line of Jones street to the south property line of 6th street. 12. Davis avenue from the east property line of Windsor Avenue to the east property line of Lot No. &1-1-Wyx-Lot 3 of NE'/i Section 18 T89N 5th P. M, X11 178 Regular Session, Apri17,1958 13. Hempstead Street from the south property line of Kaufmann Avenue to the north property line of Lot 2 of the Sub of 1.150 and 150A L. H. Langworthy Addition. 14. Bissell Lane from the north property line of Dodge Street to the south property line of Jones Street. be and the same are hereby order- ed and constructed by this Councit upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with We plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE 1T FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess• ments as provided by law 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 ordered and directed to ad- vertise for proposals for the con- struction of the various improve• ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 7th day April, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER P~rrac J. TAKOS Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Takos. Freund, Kintzinger, Schueller, Nays-None. RESOLUTION N0. 17,58 RESOLUTION REQUIItING ABUT. TING PROPERTY OWNERS TO MAKE a~wr~tt AND WATER AND GAS CONNECTIONS WHEREAS, the City Council has heretofore adopted Resolution No. 55.58, being the Resolution of Necessity for permanently improv ing the 1958 City of Dubuque Bitu- rninous Concrete Surfacing Project No. 1. NOW, rnrttEFORE, BE IT RE• SOLVED BY THE CITY COUNCII, 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 May 15,1958; 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 Reso- lution; 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 Reso- lotion, then the City Manager shall proceed to have said connection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Regular Session, April 7,1958 177 Adopted this 7th day of April, 1958. CLARENCE P. WELD, Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER r~ra,n J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sea onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of A. G. Sommer- feld and A. H. Beck requesting the installation of curb and gutter, asphalt paving, and water for that portion of Floraview Drive which is bounded on the north by Mer• feld Lane and on the south to a dead end abutting Flora Park prop• erty, presented and read. Councilman Kintzinger moved that proper plat and schedule be prepared. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen F r e u.n d, Kintzinger, Schueller, Takos. Nays-None. March 20, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheet showing a Schedule of the Proposed Valuations and Proposed Assessments for the Floraview Drive Curb and Gutter Improve• ment. Submitted March 31,1958. K. J. CULLEN, Citq Engineer ~~ RESOLUTION N0. 78.58 BE IT RESOLVID BY the City Council of the City of Dubuque, Iowa Section 1: That the attached sheet is hereby determined to be the Schedule of Proposed Assess- ments for the Floraview Drive Curb and Gutter Improvement and the Valuation set out therein are hereby approved. Adopted this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER 1•r;r~R J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 79.58 Preliminary approval of propos- ed plans, specifications, form of contract, plat, and all other docu- ments for the improvement of Floraview Drive with Concrete Curb and Gutter from the south property line of Merfeld Lane to the north property line of Flora Park, at an estimated cost of $927.65, presented and read. Coun• Gilman Freund moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 80.58 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Assessment Limits. 2. The streets to be improved. 3. The width of such improve- ment and the size and kind of sewers. 4. Each lot proposed to be assess• ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 178 Regular Session, April 7,1958 8. In each case the amount there of which is estimated to be assessed against each lot, for the improve- went of Floraview Drive with Con• Crete Curb and Gutter from the South Property Line of Merfeld Lane to North Property Line of Flora Park, BE 1T 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 propos- ed resolution have on file with the City Clerk objections to the amoant of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there. fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve• went will be assessed upon and against all privately owned prop• erty lying within assessable dis• tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was infra duced, approved and ordered plac- ed on file with the Clty Clerk this 7th day of April, 1958. Approved and placed on file for final action. CLARENCE P. WELU, Mayer GEORGE A, rnr,JND LEO N. SCHUELLER CHARLES A. K11~itudGER rr rr;tc J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved approval of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Fixing date of hearing) RESOLUTION N0. 81.58 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolution No. 79.58 given its pre• liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve• meat of Floraview Drive with Con• Crete Curb and Gutter from the South Property Line of Merfeld Lane to the North Property Line of Flora Park. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- meat has been introduced and is now on file in the City Clerk's of- fice for public inspection BE 1T THEREFORE RESOLVED that on the 5th day of May, 1958, a public hearing will be held at 7:30 o'clock P, M, in the Council Cham- ber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pre posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pre posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be sot less than two (2) nor more than four (4) Regular Session, Apn17,1958 179 weeks prior to the dap fixed for its consideration and unless prop• erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the propos• ed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon BE IT FURrnr:~t RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve• " meats herein provided for is the manner provided by law, the said improvements shall be completed on or before 7 calendar days after notice to proceed is issued. Passed, adopted and aY,.. ~ red this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER rr~rr;R J. TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ' ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. March 20, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; ~ I herewith submit the attached sheet showing a Schedule of the Proposed Valuations and Proposed Assessments for the Montana Street Bituminous Concrete Paving Improvement. ';~" Submitted Mareh 31, 1968 K. J. CULLEN City Engineer fi RESOLUTION N0.84•SB BE IT RESOLVED BY the City Council of the City of Dubuque, Iowa Section !. That the attached sheet is hereby determined to be the Schedule of Proposed Assess• meats for the Floraview Drive Bi- tuminous Concrete Paving Improve- meat and the Valuation set out therein are hereby approved. Adopted this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER rr~ir~~t J. TAKO3 Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Freand moved the adoption of the resolation. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 83.58 Preliminary approval of plans, specifications, form of contract, plat, and all other documents for the improvement of Floraview Drive with Bituminous Concrete Paving from the south property line of Merfeld Lane to the north property line of Flora Park, at an estimated cost of $487.49, presented aad read. Councilman Kintzinger moved the adoption of the resolution. Sec• onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Necessity for Improvement) RESOLUTION N0. 84.58 1vnr;nEAS, proposed p 1 a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Assessment Limits. 2. The streets to be improved. 3. The width of such improve• went, and the size and kind of sew• ers. 180 Regular Session, Apri17, 1958 4. Each lot proposed to be assess- Approved and placed on file for ed together with a valuation fixed final action. by the council. CLARENCE P. WELU 5. An estimate of the cost of the proposed improvement. 6. In each case the amount them of which is estimated against each lot, for the improvement of Flora• view Drive with Bituminous Con• Crete Surfacing from the South Property Line of Merfeld Lane to North Property Line of Flora Park. BE IT rnr~tiEFORE RESOLVID that the City Council upon petition of property owners, deems it ad• visable and necessary for the pub• lic welfare to make the herein mentioned 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 assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con• structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be is• sued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac• ed on file with the City Clerk this 7th day of Apri1,1958. Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER rr;r~n J. TAROS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the approval of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Fixing date of heeri~g) RESOLUTION N0. 85,58 wnr~ttEAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 83.58 given its preliminary approval on the pro posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Floraview Drive with Bituminous Concrete Surfacing from the South Proper ty line of Merfeld Lane to the North Property Line of Flora Park. and, WHEREAS, the proposed Resolu• lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• fiee for public inspection BE IT rn~nEFORE RESOLVED that on the 5th day of May, 1958, a public hearing will be held at 7:30 o'clock P. M, in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection to the propos• ed plans and specifications and proposed form of rnntract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to Regular Session, Apri17,1958 181 be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- jections thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. BE IT FURrnr~n RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com• pleted on or before 7 calendar days after notice to proceed is issued. Passed, adopted and approved this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER r~rrn J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second• ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 66.58 RESOLUTION REQUIItING ABUT• TING PROPERTY OWNERS TO MAKE S~w~n AND WATER AND GAS CONNECTIONS 'wnanEAS, the City Couucil has heretofore adopted Resolution No. 84.58, being the Resolution of Necessity for permanently im- proving Flora View Drive with Bi- tuminous Concrete Surfacing from the South Property Line of Merfeld Lane to the North Property Line of Flora Park. NOW, rt~;nEFORE, 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 im• provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to May 15th, 1958; 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 Resolution; Seetion 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Reso• lotion, then the City Manager shall proceed to have said connection 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 7th day of April, 1958. CLARENCE P. wr:LU, Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KIIQTZINGER Pr,rr~t J. TAROS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec• onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, I{intzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publishers, of Public Notice that a public hearing will be held to consider the proposed plans, specifications, form of con• tract and estimate of cost for the construction of a 12" Sanitary Re• lief Sewer in East 24th Street, first alley west of Windsor Avenue from i III ^ ',, 182 Regular Session, Apri17, 1958 East 24th 6treet to Edwards Street, and Windsor Avenue from Edwards street to Merz street, presented and read. Mayor Welu moved that the proof of publication be received and filed. Seconded by Councilman Takes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays--None. No written objections were filed and no objectors present in the Council Chamber at the time set for the public hearing. DECISION OF COUNCIL UPON OBJECTIONS TO PLANS, SPECIF- ICATIONS, FORM OF CONTRACT ANA COST OF IMPROVEMENTS RESOLUTION N0. 67.56 WHEREAS, proposed pleas and specifications and form of contract for the construction of a 12" Sani- tary Belief Sewer in East 24th Street, first alley west of Windsor Avenue from East 24th Street to Edwards Street and Windsor Av- enue from Edwards Street to Merz Street have been approved by the City Council of the City of Dubuque and public notice given as pro• vided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objecttions to said plans, spec- ifications or contract for ar cost of such improvements, said time being th[s 7th day of April, 1958; and WHEREAS, the City Council met in regular session this 7th day of April, 1958, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve meat herein described and propos- ed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plena, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and ouch plena, specifications and form of contract heretofore approved are hereby adopted. BE IT FUBrnGB RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the pleas, specifications and form of cost said improvement be made a matter of permanent rea ord in connection with said im• provemeat. Passed, adopted sad approved this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LE4 N. S~nur:LLER CHARLES A. KINTZINGER r~r~n J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen F r e u a d, Kintzinger, Schueller, Takos. Nays-None. (Necessity for Improvement) RESOLUTION N0. 38.56 Wnr,nEAS, proposed plans, spec- ifications, form of contract, plat have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file fn the office of the City Clerk for the construction of a 12" San• itary Relief Sewer in East 24th Street, first alley west of Windsor from East 24th Street to Edwards Street and Windsor Avenue from Edwards street to Merz street. BE 1T THEREFORE RESOLVED that the City Council on its own motion deems it advisable and necessary for the public welfare to make -the herein mentioned im• provement, and unless interested persons at the time of the final wtuideration of this proposed reso- lution have on file with the City Clock objections said improvements shall be constructed and done in Regular Session, April 7,1958 183 accordance with the plans and spec- ifications which have been pre- pared therefore by the City En• gineer 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 Sanitation Fund. The above resolution was intro- duced, approved and ordered plac• ed on file with the City Clerk this 3rd day of March, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro• posed, by the City Council this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. 5CHUELLER CHARLES A. KINTZINGER rr,rrn P. TAKOS Councilmen (Ordering Construction) RESOLUTION N0.88d6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU• BUQUE that pursuant to a resolu• tion of necessity No. 38.58 which was duly passed by this Council, for the construction of a 12" Sanitr ary Relief Sewer in East 24th Street, first alley West of Windsor Avenue from East 24th Street to Edwards Street and Windsor Av enue from Edwards Street to Merz street be and the same is hereby ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE I'f FURTHER RESOLVED that the cost and expense of the said improvements be paid from the Sanitation Fund. BE IT FURrn~n RESOLVED that the Ciry Clerk be and he is hereby ordered and directed to ad• vertise for proposals for the con• struction of the various improve meats herein provided for in the manned provided by law, the said improvements shall be completed on or before the 30 calendar days after notice to proceed is issued. Passed, adopted and approved this 7th day April, 1958. CLARENCE P. WELD, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER rr,~rit J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Takos. Car• clad by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of publication, certified to by the Publisher of Notice of Pub- lic Hearing to consider the vacation and conveyance of a certain portion of Kane street to be hereinafter known as Lot "A" of Scenic View Heights No. 1 to J. H. Schiltz, pre• rented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schueller moved that the reading just had be con• sidered the first reading of the Or• dinance. Seconded by Councilman Kintzinger. Carried by the fallow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzf agar, Schueller, Takos. Nays-None. Councilman Schueller moved that rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• Gilman Kintzinger. Carried by the following vote: I~ ',,i ,~ ~. 'f ~~ ~E i1 , 184 Regular Session, April 7, 1958 Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays None, Ordinance No. 16.68 Whereas, J. H. Schiltz, as owner of the abutting property, has pe• titioned the City Council to va• Cate the hereinafter described por- tion of Kane Street and convey the same to Bald petitioner; and Whereas said petitioner has pre- pared. and submitted for Council approval a plat of the area to be vacated] assigning the deatgna• tlon, 'Lot A of Scenic View Heights No. 1" thereto, which plat to now on file with the City Clerk; and Whereas the Planning and Zon- ing Commission has recommended approval of such request; and Whereas said petitioner -has of- fered to pay the coat of publica- tion and platting and recording, in consideration of the conveyance of said vacated area to him; and Whereas the City Council at a public hearing held April 7th, 1968, has determined that it is in the beet public interest that said here- inafter described pardon of Kane Street be vacated and conveyed to the petitioner upon payment o[ the coats of publication, platting and .e.,..~,,,,.... THEREFORE, BE IT OR- BY THE CITY COUNCIL CITY OF DUBUQUE: 1. That the following de- portion cf Kane Street be same is hereby vacated, Beginning at the eeutheast cor ner oP Lot One of St. Mary'a Place, thence north 17 degrees 2T west a distance of 24.0 feet, thence south 68 degrees 46'A' west 109.94 feet, thence southwesterly along a 2 de- gree 28' degree curve concave southwesterly 27.34 feet thence north 78 degrees 64' east 137.96 feet to point of beginning; Section 2. That the plat of said vacated portion of Kane Street, prepared by Carl F. Bartels, dated February 26, 1968 be and the same is hereby approved and the Mayor and Clerk authortzed and directed to endorse the approval of the Clty of Dubuque, thereon; Section 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed conveying all right, title and inteerat of the City of Dubuque in and to said va- cated portion of Kane Street, to be hereinafter known as: "Lot A of Scenic View Heigiita No. 1." to J. H. Schiltz and deliver the same upon receipt of payment of the coats of publication, platting and recording; Section 4. That The City Clerk be and he is hereby authorized and directed to record a certified copy of this Ordinance in the of• face of the County Recorder of llu- buque County, Iowa. Passed, adopted and approved cn recorded roll call vote this 7th day of April, 1968. CLARENCE P. WELU, GEORGE A. FREUND, agar. LEO N. SCHUELLER, CHARLES A. KINTZiNGER, PETER J. TAKOS, Attest: LEO F. FROMMELT~men. City Clerk. Notice of hearing on the for~- going Ordinance published in the Telegraph-Herald the 7th day oP March, and the 14th day of March, 1968, The foregoing Ordnance was published in the Telegraph-Herald the 11th day of April, 1968. Coat of platting, publication and recording received 11th day of April, 1966. LEO F. FROMMELT, Published officially Int the) Tele- graph-Herald Newspaper this 11th day of April 1968. LEO F. FROMMELT, lt. 4-il. City Clerk. Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0, 11.58 An Ordinance Amending Ordin• ante No. 33.49, known as the traffic code, by Repealing Sections A aad E of Schedule III thereof, and En- acting Substitutes therefor, pre• sented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council• man Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0, 17-BS An Ordinance Amending Ordinance No. 33.49, Known ae the Traffic Code, by Repealing Sections A and E of Schedule III thereof, and Enacting Substitutes there- for, Be It Ordained by the City Coun- cil of the City of Dubuqque, Iowa: Section 1. That $eetfon A of Schedule III of Ordinance No. 33-49 be and the same is hereby repealed and the following enacted in lieu thereof: vehicles moat atop beforee a ter[ag the interaeetion of; Washington Street and Feat Sixteenth ~treet~ Waehlnn8gton street and East Twentyniath Street; Regular Session, April 7,1958 185 Elm Street and East Twenty- ninth Street; White Street and Eaet Seven- teenth Street; Valleyview and Avalon Roads; $t. Ambrose Street and Rosedale Section 2. That Section "E" of Schedule III of Ordinances No. 33-49, be and the same to hereby repealed and the following en- acted in lieu therof: 'E-Feat-bound vehicles must atop before entering the interaec• lion of: St. Ambrose Street and Clarke Drive; Fremont Avenue and Wartburg Place; Asbury Street aad Hmcreat Road; bleat ramp of Kerrigan Road and the access road connecting said west ramp to Rockdale road. UnivereltY Avenue and Asbury Street." $ection 3. This Ordinance shall be in full force and effect from and after its final passage, adopt- tion and publication as by law provided. Introduced the 7th day of April, 196x. Rule requiring reading on three separate days suspended by unani- mous vote the 7th day of April, 1968. Passed by recorded roll call vote, adopted and approved this 7th day of April, 1958. CLAAENCE P. WELII Mayor GEORGE A. FREUND LEO N.BCHUELLER CHARLES A. KINTZINGER PETER J. TAKO$ Councilmen Attest: Leo F. Frommelt City Clerk Published offlclally in the Tele- day ofHAprll 968.spaper th[a 11th LEO F. FROMMELT lt. 9/11 City Clerk Councilman Schueller moved the adoption of the ordinance. Second• ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0.18.58 An Ordinance Amending Ordin- ance No. 33.49 to Restrict Parking; on Elm street and Washington Street, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, TakoB. Nays-None. ORDINANCE N0. 18.68 An Ordinance Amending Ordi- nance No. 33-49, to Restrict Park• .ing on Elm Street and Washington Street. Be It Ordained By The City Couneti Of The City Of Dubuque: Section 1. That Ordinance No. 33-49, known as the Traffic Code of the City of Dubuque, be and the same is hereby amended by adding a new Section 16.36 there- to) as follows: 16.35-After signs have been erected giving notice thereof, it shall be unlawful to park any ve- hicle on Friday, between the hours oP 8 A.M. and 12 noon, on the west side of Elra Street, be- tween Twentieth Street and Twenty-second Street, ar on the East aide of Washington Street between Twentieth Street and Twenty-fifth Street' Section 2. This Ordinance shall be in full force and effect from and after tie final passage, adoption and publication as by law pro- vided. Introduced the 7th day of April, 1958. Rule requiring reading on three separate days suspended by unan- imous vote the 7th day of April, ]968. Passed by recorded roll call vote, adoptad and approved this 7th day of April 19b8. CLARENCE P. WELU, Mayor LEO N. S CHARLES PETER J, Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 11th. day of April 19b8. LEO F. FROMMELT lt. 4/11 City Clerk Councilman Schueller moved the adoption of the Ordinance. Seconded by Councilman Kintzing• er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 19.58 Aa Ordinance Vacating portions of Ashton Place and the alley ly- ing between Ashton Place and Alta Place, and approving the plat of "Westminster Presbyterian Church Place in the City of Dubuque, Iowa," presented and read. Councilman Schueller moved that the reading just had be con- sdiered the first reading of the Ordinance. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Schueller moved that the rules be supended requir• ing an Ordinance to be read on three separate days. Seconded by Councilman Kintzinger. Carried by the following vote: ~. ,. ~ -~ 188 Regular Session, Apru 7, 1a58 Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on May 5, 1858 at 7;30 o'clock P. M. in the Council Chamber and Wet the City Clerk be instructed to publish notice of hearing in the manner required by law. Petition of Thomas McDonough requesting a refund in the amount of $25,00 on the unexpired portion~ of cigarette license No. 181, as he has discontinued business as of March 31, 1958, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to draw a war• rant payable to Thomas McDon• ough, in the amount of $25.00, to cover the amount due on the un• expired portion of cigarette license No. 181. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Thomas McDonough requesting a refund in the amount of $50.00 on the unexpired portion of Class "B" beer license No. 88, as he has discontinued business as of March 31, 1958, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to draw a war- rant payable to Thomas McDon• ough, in the amount of $50.00, to cover the amount due on the unex- pired portion of beer license No. 88. Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Welu, Councilmen F r e n nd, Kintzinger, Schueller, Takos. Nays-None. Petition of Edward J. Tracy re• questing a refund of $25.00 on the unexpired portion of cigarette license No. 152, as he has discon• tinned business as of March 31, 1958, presented and read. Council- man Takos moved that the refund be granted and the Auditor in• strutted to draw a warrant payable to Edward J. Tracy, in the amount of $25.00, to cover the amount due on the unexpired portion of cigar- ette licence No. 152. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of John C. Eudaley et al requesting investigation as to the cost of constructing a sanitary sew• er between Brunswick and Burden streets in the alley to service resi- dents of Edith street, presented and read. Mayor Welu moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Ray O'Hearn et al requesting the cleaning of the west side of Jackson street from 30th to 32nd street, presented and read. Councilman Kintzingor moved that the petition be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Jack C. Jones request- ing permission to excavate in the City's streets, presented and read. Councilman Kintzinger moved that the petition be granted providing that proper insurance policy is fur- nished. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of George Giellfs Insur• ante Agency requesting a letter of cancellation on the sidewalk bond of Charles T. Correll, presented and read. Councilman Kintzinger moved that the release be granted providing there are no outstand• Regular Session, April 7,1958 187 ing claims. Seconded by Council• man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-Novo. Petition of J. H. Schiltz request- ing the installation of sewer and water on Kane street from Chaney Road to the east line of his prop- ` erty, presented and read. Council- ; man Kintzinger moved that a plat and schedule be prepared for Kane street from the existing street to Chaney Road. Seconded by Councilman Freund. Carried by the following vote: '` Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Schiltz Construction Co, for permission to excavate is the City streets presented and read. Councilman Kintzinger moved that the request be granted providing proper insurance policy is furnish- ed. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of McDonnell Excavating Service requesting permission to ~ excavate in the City streets, pre• ,r sented and read. Councilman Kint• ~ "' zinger moved that the request be r granted providing proper insurance ~ policy is furnished. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. I Nays-None. Notice of claim of Carl L. Noel of 445 Nevada street in the amount 00 for personal injuries of $59 '~~~ . received as the result of a fall on an icy sidewalk at Lincoln school on February 28, 1958, presented and read. Councilman Kintzinger moved that the claim be refereed to the City Solicitor for investiga- tion and report. Seconded by Coun- Gilman Kintzinger. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of Clark Kalvel• age as President of the Press and Radio Club inviting all City offic• ials to join their club as honorary members, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Minutes of the Council meetings held during the month of October 1957, presented for approval. Coun• Gilman Schueller moved that the minutes of the meetings held dur• ing the month of October 1957, be approved as printed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Apri12, 1958 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of the Code of Iowa, 1954, the Civil Service Commission conduct- ed written examinations for those seeking the position of WATER PLANT OPERATOR (formerly classified as Assistant Engineer) at the Water Pumping Station. This examination was held March 28, 1958. The following is a list of those who passed the written examina~ tion with as average of 70% or better: William J, Jungblut 87% Merle B. Cox 84% Roy F. Sprengelmeyer 84% Cletus J. Beck 78% Clyde H. Bateman 78% Charles Philip Chapman 75% Ralph P. Kremer 74% Clarence J. Slattery 71% 186 Regular Session, Apri17,1958 Respectfully Submitted Louis J. Lagen, Chairman J. A. Carew, Commissioner Attest: LEO F. FROMMELT, Clerk Subscribed and sworn to before me a Notary Public this 2nd day of April, 1958. Geraldine L. Jenni, Notary Public (Notarial Seal) Councilman Kintzinger moved that the communication be made a matter of record. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of Mrs. John Gabriel et al objecting to dogs running loose in her neighbor- hood, presented and read. Council• man Kintzinger moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. April 7, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to adivse that I 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 Solicit- or: HEATING Ray H. Rafoth d/b/a Ray Rafoth, Wolverine Insurance Co. Heating and Sheet Metal SIDEWALK Cyril Hanten, Western Surety Company Willy Construction Company, The Fidelity and Casualty Co. Heitzman Construction Company, The Fidelity and Casualty Co. EVCAVATION John Jones, Policy No. CGB 3051 Dubuque Fire and Marine Ins. Co. Respectfully submitted, L. J. Schiltz, City Manager Councilman Takos moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Freund. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. April 7, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Name of Montana Street was changed to read Flora View Drive at the Council meeting of March 31, 1958. Therefore, I request that .your Honorable Body would direct the City Clerk to change the name of Montana Street to Flora View Drive in the 1958 City of Dubuque Bituminous Surfacing Project No. 1. Respectfully submitted, L. J. Schiltz, City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. April ?, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Due to a typographical error, lots number 17 through 33 inclusive in Kings Grove Addition were erron- eously listed as lots numbered 17 through 33 in J. King's 2nd Addi- tion for the improvement of Gree• ley Street with Bituminous Con- crete Surfacing. I recommend that the City Clerk be instructed to change the final Regular Session, Apri17, 1958 189 assessment schedule for the above named lot numbers to be correctly listed in King's Grove Addition. Respectfully submitted, L. J. Schiltz, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second• ed by Councilman Takos. Carried by the following vote: Yeas - Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. February 26, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that the Plan- ning ~ Zoning Commission has ex- amined and approved a plat Lubs Ramona Street Place owned .by August Lubs. This subdivision is located East of the southerly end of Ramona Street. Respectfully submitted, The Dubuque Planning & Zon- ing Commission By R. D. Waller, Acting-secy. Councilman Takos moved that the communication be received and filed. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ` RESOLUTION N0. 89.58 Whereas there has been filed with the City Clerk a plat in which Lot One of August Lubs Place in the City of Dubuque, Dubuque County, Iowa, is platted as "Lubs Ramona Street Place" in the City of Dubuque by August Lubs and Clara "' ~ Lubs, husband and wife, as owners ~ thereof; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and has its approval endorsed thereon; and Whereas said plat, together with ~ the plat of "Stapleton Subdivision;' which is now on file with the City ' Clerk and pending before the City Council, dedicates a public street 1 to be known as Pamela Court, por- tions of which lie in each of said two subdivisions; and Whereas because of the fact that said two plats are mutually inter• dependent the City Council has de• termined that it is in the best pub• lic interest that the approval of either plat to be made to depend upon the approval of the other and the acceptance of the terms and conditions of such approval; and Whereas the owners and pra prietors of said property have mu- tually agreed to share the expense of improving Pamela Court, as here- inafter required; and Whereas there also appear upon said plat easements for public util• ities which the owners upon said plat have dedicated to the public forever; and Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating thereto, except that the street has not been reduced to grade or paving or water service installed; NOW rnnnEFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Pamela Court, including the portion thereof lying between Lots 7 and 8 in Lubs Ramona Street Place, together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby approved; Section 2. That the plat of the subdivision of Lot One of August Lubs Place in the City of Dubuque, Dubuque County, Iowa, which will be hereafter known as "Lubs Ra- mona Street Place" in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of said City upon said plat, provided the owner of said property, hereinbefore named, execute their written ac- ceptance hereto attached, agree- . ing: 180 Regular Session, Apri17,1958 a. To reduce Pamela Court to grade, as shown by Use profiles submitted with the plat; b. To surface Pamela Court, for a width of 30 feet from curb face to curb face, with six inch rolled stone base and 2 and one-half inch hot mixed, hot laid bituminous concrete surfacing and concrete curb and gutter, as shown in City of Dubuque Standard Curb and Gutter Section; c. To install water mains in ac• cordance with plans submitted with the plat; d. To install sewer and water house laterals for each lot from the main to behind the curb line; e. To construct the foregoing im• provements in accordance with plans and specifications approved by the City Manager, under the in~ spection of the City Engineer, and in a manner approved by the City Manager; f. To maintain the street im• provements for a period of four (4) years from the date of their ac• ceptance; g. To construct said improve- ments prior to November 1, 1959, and further provided that the said August Lubs and Clara Lubs, as owners of said subdivision, secure, the performance of the foregoing conditions by providing security in such sum and with such sureties as maybe acceptable to the City Man• ager, and further provided that Barbara Stapleton, as owner of Stapleton Subdivision, shall accept in writing the terms of Resolution No, 90.58, and provide the security therein required; Section 3. That in the event Aug• ust Lubs and Clara Luba shall fall to execute the acceptance and pra• vide the security required in Sec• lion 2 hereof within 45 days from the date of this Resolution, or in the event that Barbara Stapleton shall fail to accept the terms and conditions of Resolution No, 90.56 and provide the security required by Section 2 thereof, then in either of said events the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 7th day of April, A. D. 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCIiUELLER CHARLES A. KINTZINGER PETER J. TAKOS, Councilmen Attest: LEO F. FROMMELT City Clerk To Lea F. Frommelt, City Clerk: This is to certify that the security required by the foregoing Resolu• lion No. 89.58 has been provided by the owners. L. J. Schilta, City Manager Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ACCEPTANCE OR RESOLUTION N0. 89,SA August Lubs and Clara Lubs having read the terms and condi• lions of the foregoing Resolution No. 89.58, and being familiar with the contents thereof, hereby accept We same and agree to perform the conditions required of them there- in. Dated this 13th day of May, 1958. AUGUST LUBS CLARA LUBS February 28, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that the Plan- ning & Zoning Commission has ex• amined and approved s plat of Stapleton's Subdivision and recom- mends your approval of same. This subdivision is located south- erly of the southerly end of Ra• mono Street. Respectfully submitted, The Dubuque Planning do Zon• ing Commission By R. D. Waller, Acting,Sec'y. i r. ~. r; ~x 1 ~f ti. r~' ~„ ~t ; i .' Regular Session, April 7,1958 281 Councilman Takos moved that the communication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas -Mayor Welu, Councilmen Freund, IGntzinger, Schueller, Takos. Nays-None. RESOLUTION N0.90S8 Whereas there has been filed with the City Clerk a plat in which Lot 2 and Lot 5, each in Finn Sub• division, in the City of Dubuque, Dubuque County, Iowa is platted as "Stapleton Subdivision" in the City of Dubuque, Dubuque County, Iowa, by Barbara Stapleton, widow and unremarried, as owner thereof; and Whueas said ,plat has been ex amined b9 the City Planning Com- mission and has had its approval endorsed thereon; and Whereas said plat, together with the plat of Lubs Ramona Street Place, which is now on file with the City Clerk and pendinE before the City Council, dedicates a public Street to be known as Pamela Court, portions of which lie in each of said two Subdivisions; and Whereas because of the fact that said two plats are mutually inter- dependent, the City Council .has determlaed that it is in the best public interest that the approval of either plat be made to depend upon the approval of the other and the acceptance of the terms and con• ditions of such approval; and' Whereas the owners and pro- prietors of said properties have mutually agreed to share the ex• pense of improving Pamela Court as hereinafter required; and Whereas there also appear upon said plats easements for public utilities which the owner upon said plat has dedicated to the pub• lit forever; and Whereas said plat has been ex• amined by the City Council and they find that the same rnnforms to the Statutes and Ordinatmes re. lating thereto, except that the streets have not been reduced to grade, or paving or water service installed; NOW THEREFORE, BE IT R& SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUTs: Section 1. That the dedication of Pamela Court; including the por• lion thereof abutting Lot Ono in Stapleton Subdivision, together with the easements for public util• ities as the same appear upon said plat, be and the same are hereby approved; Section ?. That the plat of the Subdivision of Lot 2 and Lot B, each in 'Finn Subdivision in the City of Dubuque, Dubuque County, Iowa, which will he hereafter known as "Stapleton Subdivision" in the Clty of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and duetted to endorse the ar,...~~al of said City upon sud plat, provided the owner of said property, herein- before named, executes her written acceptance hereto. attached,. agree- ing: a. To reduce Pamela Court to grade, as shown by the profiles submitted with the plat; b. To surface Pamela Court, for a width of 30 feet from curb face to curb face, with six inch rolled stone base and 2 and one-half inch hot mixed hot laid bituminous con• Crete surfacing and concrete curb and gutter, as shown in City of Dubuque Standard Curb and Gutter Section; c. To install water mains in as cordance with plans submitted with the plat; d. To install sewer and water house Iaterats for each lot tom the math to behind the curb Ifse; e. To construct the foregoing i~ provements in accordance with plans and speciScations a~r.~~ed by the City .Manager, under the inspection of the City Engineer, anti in a manner approved by the City Manager; f. To maintain the atnet i~a- pr.,~w.~.ents for a pW.;:' of foot (4) years from the date of their ~ ceptance; g. Sb construct acid improve~ menu prior to November 1, ]A5Y and further provided that the acid 192 Regular Session, April 7, 1953 Barbara Stapleton, as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such sum and with such sureties as may be acceptable to the City Manager, and further provided that August Lobs and Clara Lubs, as owners of Lubs Ramona Street Place shall ac- cept in writing the terms of Resa lotion No. 89.58, and provide the security therein required; Section 3. That in the event Bar• bare Stapleton shall fail to exe• cute the acceptance and provide the security required in Section 2 hereof within 45 days from the date of this Resolution, or in the event that August Lubs and Clara Lubs shall fail to accept the terms and conditions of Resolution No. 89.58, and provide the security re• quired by Section 2 thereof, then, in either of said events the pro. visions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shall nat be effective. Passed, adopted and approved by unanimous roll coll. vote this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CIIARI:,F,S A KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lotion No. 90.58 has been provided by the Owner. Dated at Dubuque, Iowa, this 21 day of May, 1958. L. J. Schiltz, City Manager Councilman Freund moved the adoption of the resolution. Secoad- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos.. Nays-None. :~ r ,, ~~ ACCEPTANCE OF RESOLUTION N0. 90.58 Barbara Stapleton having read the terms and conditions of the foregoing Resolution No. 90.58, and being familiar with the contents thereof, hereby accepts the same and agrees to perform the condi• tions required of her therein, Dated this 14th day of May, 1958. Mrs. Barbara Stapleton RESOLUTION N0.91dB BE IT RESOLVED by the City Council of the City of Dubuque that the following have 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. Neme Address Robert E. Hevey, 1005 Rockdale Road Joseph J. Schmitt, 1598 Elm Street BE 1T FURTHER R .SOLVID that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 7th day of April, 1958. CLARENCE P. WELU GEORGE A. FR,E~Mayor LEO N. SCHUELLER, CHARLES A. KINTZDJGER r~irJn J. TAKOS Attest: LEO F. FRO~yTcilmen Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Takos. Nays-.None. RESOLUTION NO.92,SA 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 upon the compliance with the terms of the ordinances of this City, Regular Session, Apri17,1958 193 CLASS "B" PERMIT Name Address Dubuque Baseball Inc., East 4th Street Joseph J. 5chmitt,1598 Elm Street Dorance E. Cox, 2613 University Avenue CLASS "C" PERMIT Donald D. Schroeder, 2890 Central Avenue Passed, adopted and approved this 7th day of April, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KDVTZINGER r~"rr.-t J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0.9Sd6 ~ ' Wnr~nEAS, 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 ~ 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 follow- ing named applicants a Beer per- ~ mit. CLASS "B" PERMIT Name Address Dubuque Baseball Inc., East 4th Street Joseph J. Schmitt, 1598 Elm Street Dorance E. Cox, 2613 University Avenue CLASS "C" PERMIT Donald D. Schroeder, 2890 Central Avenue BE 1T FUR~rnr;n RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and. approved this 7th day of April, 1958. CLARENCE P. WELD, Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER rGi~n J. TAROS Councilmen Attest: LEO F. FROMMELT City Clerk Councilmen Freund moved the adoption of the resolution. Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, SchueUer, Takos. Nays-None. RESOLUTION N0.94•Si Resolution restricting the auth- ority of the City Manager to issue permits for excavation in: Kaufmann Avenue from the end of existing curb at the West Prop• erty Line of Lot 1 of Weidenbacher Sub to the East Property Line of Carter Road. Bunker Hill Street from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. Montana Street from the South Property Line of Wilbricht Lane to the North Property Line of Merfeld Lane. Wilbricht Lane from the West Property Line of Asbury Road to the west end of Street. Merfeld Lane from the east Property Line of Floraview Drive to the west end of Street. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. Custer Street from the West Property Line of Grandview Av enue to the East Property Line of Atlantic Street. Chaney Road from the South Property Line of Hillaeat Road to the North Property Line of Pennsylvania Avenue. Hawthorne Street from the South Property Line of Lincoln Avenue to the North Property Line of Rhomberg Avenue. Glen Oak Street from the North Property Line of Edina Street to the end of platted street. !84 Regular Session, April 7; .1858 AUm between Locust and Bluff running from the North Property Line of Jones Street to the South Property Line of 5th Street. Davis Avenue from the East ~'oPertY Lice of Windsor Avenue to the East Property Line of Lot No. 2.1.1-W1b,Lot 3 of the NE~/a Section 13 T89N R2E 5th P, M. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot Z of the Sub of 1.150 and 160A )~ H. Langworthy Addition. Bissell Lane from the North Property Line of Dodge Street to the Soath Pr.r::;! Line of Jones Street. Floraview Drive from the South Property Line of Merfeld Lane to the North Property Ltne of Flora Perk. Windsor Avenue from the East Property Line of 22nd Street to rim North Pr.~ ~,.;~ Line of alley first south of Straaaa Street. wtt~nEAS, the above named streets in the City of Dubuque wiU be paved with Bituminous Concrete or Asphaltu Concrete Surfacing Hot Mix•Hot Laid; and vrrmavr;AS, it is cot in the boat interest of the City that such pav lag be disturbed for a period of at least ten yearn; and WHEREAS, under Ordinance No. 45.51, adopted September 25, 1951, the City Manager is suthoriaed to issue excavation ,. L...ita for mak ing excavations is the sty streets. NOW, inn~nEFORE, BE iT RE• SOLVED by the City Council of the City of Dubuque: That the Ciq~ Manager is hereby directed cot to issue asp such ex• cavatioa peranits for the purpose of making excavations in the fore- gofng described streets fora per- iod of tea years from the date of completion of construction of each named street unless in case of emergency or specifically so auth• prised by the City Council. Passed, adopted and arr,„~ed this 7th day of April, 1958. CLARENCE P. rvr+.U, GEORGE A. FREUND Mayor LEO N. SCIIUELLER t CHARLES A. KINTZIIVGER rr,lrn J. TAROS Counctlman ~ c Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, SChueller, Takos. Nays-None. April 7, .1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Bid Section No, 2 of the Catfish Creek Sanitary Sewer has been completed in accordance with the plans and specifications by Schuell• er and Company of. Dubuque, Iowa. An amount of $3,000.00 will be retained by the City until final cleanup is complete; the clean- up consists of grading and dressing the sewer ditch as this was im• practical to complete during. the winter months. I, therefore, recommend that the improvement be accepted, Respectfully subnutted, L. J. Schiltz City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second• ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None; (A Realution Accepting Improve ment) Cite of Dubuove, Iowa RESOLUTION N0, 9558 WHEREAS, the contract for the Catfish Creek Sanitary Sewer Bid Section No. 2 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and speciifca• tions and recommends its accept~ once, now therfore, BE Pl' RESOLVED, by the City of Dubuque, that the recommenda• ion of the City Manager be ap• proved end that said improvement be and the same is hereby ac• eeted. ,~ i r ~ ,. .. ~' ~' h ~'" ~" aegular Session, Aprll 7,1958 195 8E 1T .~ ~a~'~ra RESOLVED, that the Cit9 Treasurer be cad he is hereby directed to 9aY #0 the contraet~ from the funds to be realised from the sale of Bonds issued upon the above described improvement iu aatAUnt W equal to the aaouat of his contract, less any retained pe>'oeAtNfe 4.•~~~ded for therein. Passed, adopted and approved this 7th dal of +, 186 CLARENCE P. WF,LtJ, Mayor 4$ORGE A. FREUND IDEA N. SCIiU>>rI.LRR CHARLES A. KJNTZINGER Pxtnac J. TAROS Councllmea Attest: LEO F. FROMMNt.T, City Clerk Coundiman Freund moved the adoption of the resolution. Second- ed by CouncWnan Takos. Carried by the fallowing vote: Yeas-Mayor Weln, Councilmen F r e u a d, Ktntsiager, Schueller, Takos. Nays-None. RESOWTION N0.9ti5A RESOLUTION AUTHORIZBVG CONVEYANCE OF BLOCK 7 IN RIVER FRONT SUBDIVISION N0. 3 TO ST. REGIS PAPER CO. Whereas, St. Regis Paper Com- pany of New York has offered to purchase Block 7 in River 1Rront Subdivision No. 9 for $28,000 as a factory site; and, Whereas, the Dock Board has recomuieuded acceptance of said offer; and, Wherees, pursuant to public not- ice published in the Telegraph Her• old oa Febraary 7,1958 and Febru• fiery 14, 1968, a public hearing was had In the City Coundl Chambers on March 3, 1958 at 7:30 p. m. at. which time and place all electors of the City of Dubuque and aR other interested parties were af• forded an opportunity to appear cad be heard on the 4 ~ ~, ~, sal to dispose of said real sate#e; and, Whereas the City Council has determined that the proposal to dispose of said real estate is Ia the best public interest; NOW iin~nEFOR)s: BE IT RE• SOLVED BY THE CITY COUNCIL OF TFTg C!f'Y OF DUBUR~, IOWA: Sectlen 1: That all objections to said proposal be and the same are hereby overruled. Section i That Block 7 in River PYont Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, subject to easements reserv ed to the City of Dubuque for a storm sower and across to maintain the rip rap slope as the same ap- pear on the plat of said subdivision, be read fire same is hereby sold and conveyed to St. Regis Paper Com• pony of New York for an agreed purchase price of Twenty Eight Thousand Dollars ($28,000.00) pay able as follows: $2,800.00 upon delivery of the City's deed conveying the above described real estate; $25,200,00 when construction of the factory building is started; said conveyance is upon the express condition however, that said gran- tee construct thereon prior to January 1,1960 a factory building, built in accordance with applicable statutes and municipal ordinances, containing not less than 80,000 square feet of ground floor area and fn the event grantees fail so to do said conveyance shall be for• felted and the premises herein described and aR the rights herein ooavayed shall, at once, revert to and become the property of City of Dubuque, Iowa, without any declaration of forfeiture or act of reentry, or any other act by said qty, and without any right of grantee, its successors or assigns, to compensation or reclamation for moneys paid out or improvements made; Section 3. That the Mayor and City Clerk be and they are hereby authorised and directed to execute the deed of the City of Dubuque, Iowa, conveying said property to said grantee subject to said condi• tions and deliver the same upon the ,.~,.,.~.pt of the sum of $2,800.00. i3eatbn 1: That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa, passed, adapted and approved this 7th day of April, 1958. CLARENCE P. WELD, Mayor ~I ^: 198 Regular Session, Apri1.7,1958 Gertrude E. and Earl Marsch, E~i•1-3 Wilsons Dubuque Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of Sub of 1.150 and 150A L. H. Langworthy Addition. Joseph sad Marie Haupert, Lot 4 of the Sub of Lots 1.150 and 150A L, H, Langworthy Addition Joseph. and Marie Haupert, Lot 5 of the, Sub of Lots 1-150 and 150A L. H. Langworthy Addition Joseph and Marie Haupert, Lot 1-1 of the Sub of Lots 1.150 and 150A L, H, Langworthy Addition Bunker Hill from the South Property Line of Clarke Drive to the North Pro,.. ,~ Line of Asbury Road. Arthur P. and Lillian Liadecker, Lot 1.119 Finley Addition I hereby recommend that the City Solicitor be instructed to pre Geed with the acquisition of the above property according to Chap• ter 472 of the 1954 Code of Iowa. Respectfully submitted, L. J. Schiltz, City Manager Councilman KintzInger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Itintzinger, Schueller, Takos. Nays-None. GEORGE A. FREUND LEO N.SCHUELLER CHARLES A, KINTZINGER rC,rr:-t J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution, Seconded by Councilman Kiatzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, April 7, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: ~ ~ ~ I have contacted the following ,~ ~ + named people who own property ' ~ ~ !. abutting the streets that are to be ~=' widened in the 1958 City of Du• =' buque Concrete Curb and Gutter Project No. 1 and could not come `~ to an agreement on purchase of a _" ' portion of their property. Owners on Kane Street from East Property Line of Primrose _ Street to the North Property Line of Kaufmann Avenue. Joseph Vogt, Lot 1-1-Vogt Place Ralph J. and Marie Cramer, Lot 2, Sub 1.159 and Lot 2.2.159 of L, H. Langworthy Addition Owners on Meadow Lene from South Property Line of Lombard to 'North Property Line of Dodge' Street. Otto Wimmer, Lot 1.1-1-1-1-1-1.2- _ 1-2 of Sisters Addition Harold G. and Marcella Sippel, Lot 1.1-1.1.1.1 of Sisters Addition Owners on Kane Street from the East Property Line of Mineral Lot 316A to the East Property Line of ' Lot 1.2.1 of Mineral Lot 351 Allen J, and Mary J. Boleyn, Lot 1.2-&1.1.1 of Mineral Lot 342 ' John G. and Sally L. Spechten• hawser, Lot 1.1.2.1.1.1 of Mineral Lot 342 John A, and Harriett G. Matous I , Lot 2.1-2.1.1.1 of Mineral Lot 342. ~ `' Owners on Merfeld Lene from West Property Line of Bunker Hill ' Road to East Property Line of I Plonview Drive. ~' ' ' ~ Gertrude E. and Earl Marsch, ~ ' ~ I ~,. Wei-1.3 Wilsons Dubuque RESOLUTION N0.91.5A Resolution Determining t h e Necessity for Acquisition of Land for City of Dubuque 1958 Curb and Gutter Project No, l and Directing City Solicitor to Institute Proceed- ings, WHEREAS, it appears to the City Council of the City of Dubuque, Iowa that it is in the best interests of the public that Kane Street Joseph Vogt, Lot 1.1-Vogt Place Ralph J. sad Marie Cramer, Lot 2 Sub 1.158 and Lot Z-2.159 of L. H. Langworthy Addition Meadow Lene Otto Wimmer, Lot 1.1-1.1-1.1-1-2- 1.2 of Sisters Addition Harold G. and Marcella Sippel, Lot 1.1.1-1-1-1-3 of Slaters Addition Regular Session, Apri17,1958 197 Kane Street Allen J. and Mary J. Boleyn, Lot 1.2.2.1.1.1 of Mineral Lot 342 John G. and .Sally L, Spechen- hauser, Lot 1.1.2.1-1.1 of Mineral Lot 342 John A. and Harriett G. Matous, Lot 2.1.2.1.1.1- of Mineral Lot 342 Merfeld Lane Gertrude E, and Earl Marsch, Wei-1.3 Wilsons•Dubuque Gertrude E. and Earl Marsch, E~- 1.3 Wilsons-Dubuque Hempstead Street Joseph and Marie Haupert, Lot 4 of Sub of Lots 1-150 and 150A of L. H. Langworthy Addition Joseph and Marie Haupert, Lot 5 of Sub of Lots 1.150 and 150A of L. H. Langworthy Addition Joseph and Marie Haupert, Lot 1.1 of Sub of Lots 1.150 and 150A of L. H. Langworthy Addition ~~ Bunker Hill Arthur P. and Lillian Lindecker, Lot 1.119 Finley Addition wnrrcEAS, the City Manager has reported to the City Council that be has negotiated with the owners of said real estate and has been unable to arrive at a mutually satisfactorq price; NOW, THEREFORE, BE IT RE• SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That it is hereby deter- mined that the public interest and necessity require the acquisi- ' tion of the above described real estate by the City of Dubuque, ~' Iowa for the 1958 Concrete Curb and Gutter Project No. 1 to be erected under the authority con- ~, tau-ed in Chapter 391 of the 1954 Code of Iowa. Section 2. That the City Solicitor be and he is hereby instructed +~ and directed to institute condem• `'` nation proceedings under the pro- K;~gp~s of Chapter 472 of the 1954 code of Iowa in the name of the City of Dubuque to acquire ` the above described real estate for the City of Dubuque and determine " the damage resulting from such acquisition. '~~ Passed, adopted and approved ~, this 7th day of April, 1958. CLARENCE P. WELD, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER r~re;B J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilmen Kintzinger moved khe adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mayor Welu moved that proper recognition be given to the Police Department and sent to them to be read at their meeting in the cap- ture of the holdup men in the robbery of Dunbar's Grocery. Sec• onded by Councilman Freund, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Ifintzinger, Schueller, Takos. Nays-None. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Kintzinger, Carried by the follow• ing vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. LEO F, FROMMELT, City Clerk Approved ............................1958 Adopted ..............................1958 Councilmen • .................................... Attest ......................................... City Clerk a' ~~ is ~' !' i i ~o a' i 198 Regular Session, Apri17,1958 Board of Health (Official} Regular Session, April 7, 1958. Board met at 12:00 P. M. Present--Chalrtnan Clu'ence P. Welu, Messrs. George A. Freund, Charles A. Kintzinger, Leo N. Schueller, Peter J. Takos. Cfty Manager Schfltz, Dr. A. J. Entrfng• er. STATE DEPAn~,sr,,iT OF HEALTH Charles A. Kintzingeta Leo N. Schueller, Peter J. Takos. . Nayc~Nos-e: LlCO F. FROMMLLT, Clerk Board of $ea1tD Approved.. w. .....................1D5$ Adopted ........................:.......>t9~ Members of .................................... Bd, of Healtd ,....,„......,....~.....~...... March 24, 1958 Mr. Leo F. Frommelt, City Clark Dubuque, Iowa. Gentlemen: The application for renewal of license by Mr. Richard L Burd to ,operate the mobile home park known as Burls Trailer Court dur• ing the calendar year 1958 has been approved. The yellow copy of his applica~ tion for renewal of License is es• closed for your Ells. ~.~...„.M..,w,.......,.» Attest ...... ..Clerk,.Boari of liie~l~ir Very truly yourt, DMSION OF PUBLIC HEALTH ENGIlVr;~uI6TG Carl H. Moline, Sanitarian. Chairman Clarence P. Welu mov ed that the communication be received and made a matter of record. Seconded by Mr. Peter J. Takos. Carried by the following vote: Yeas -Chairman Clarence P. Welu, Messrs. George A. Freund, Charles A. Kintzinger, Leo N. Schueller, Peter J. Takos. Nays-None. There being no further business Mr. Peter J. Takos moved that the Board of Health meeting adjourn. Seconded by Mr. Charles A. Kint• zinger. Carried by the following vote: Yeas -Chairman Clarence P. Welu, Messrs. George A. Freund, . 9 + .E~ 1 `. ~~ M; ~y r: ~. ~`rh- s~`~'; `~.. Regular Session, May 5, 1958 199 CIiY COUNCIL (OFFICIAL) Regular Session May 5, 1958 Council met at 7:30 P. M. Present-Mayor Welu, Council- men Freund, Kintzinger, Takos. City Manager Schiltz. Absent-Councilman Schueller. Mayor Welu 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. Communication of Charles W. Schreiber, parade marshall, ex- tending aninvitation to all City Officials to participate in the Mem• orial Day parade to be held on May 30t1-, presented and read. Councilman Kintzinger moved that the communication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Takos. Nays--None. Absent-Councilman Schueller. Communication of Ed. J. Herron, State Fire Marshall, requesting the appointment of a qualified mem- ber of the Fire .Department to serve as a State Assistant Inspector of nursing and custodial homes, hospitals, schools, Flammable liq- uid installations, and liquified pet• roleum gas installations, presented and read. Mayor Welu moved that the communication be referred to the City Manager and Fire Chief to report to the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Takos. Nays-None. Absent -Councilman Schueller. Communication of Savanna Ord- nance Depot extending an invita- tion to attend Armed Forces Day at the Depot on Sunday, May 18,1958, presented and read. Councilman Freund moved that the communica- tion be received and filed. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Takos. Nays-None. Absent -Councilman Schueller. Communication of the U. 5. Con- ference of Mayors extending an in• vitation to the Council to attend the annual conference of the U. S. Conference of Mayors to be held in New Orleans September 11.13, presented and read. Councilman Freund moved that the communica• tion be received and filed. Second• ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Welu, Councilmen Freund, Kintzinger, Takos. Nays-None. Absent -Councilman Schueller. NOTICE OF RENEWAL OF GOVERNMENT LEASE April 18, 1958 To: The Mayor City of Dubuque Dubuque, Iowa. You are hereby notified that un• der the provisions of the Govern- ment Lease described below, the United States of America elects to renew the said lease as the same may have been amended, and by these presents does renew, extend, and adopt the said lease and all the terms, conditions, and general pro- visions thereof for the period be• ginning 1 July 1958 and ending 30 June 1958. Description of Lease (NOy (R} number, date, acreage, location by street number, city, county, and state as applicable; Lease NOy (R)-40838 with the City of Dubuque, Iowa, Lessor, dated 1/1/47 covering use of a 0.85 acre site, Ham's Addition, Da bogus, Iowa for a U. S. Naval Reserve Training Center. United States of America By E. E. Gibson Capt. (CEC) USN Acting District Public Works Officer. Mayor Welu moved that the notice be made a matter of record. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Takos, Nays-None. Absent-Councilman Schueller. ~.._ ~' ~