1958 August Council ProceedingsRegular Session, August 4,198 345
(IiY COUNCIL
OFFICIAL
Regular Session, August 4, 1958.
Council met at 7:30 P. M.
Present -Mayor Welu, Coun-
cilmen Freund, Kintzinger, Schuel-
ler, Takos. City Manager Schiltz.
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.
Proof of Publication, certified
to by the Publisher, of notice of
public hearing on the Budget Es-
timate of expenditures for the
year beginning January 1, 1959
and ending December 31, 1959,
presented and read.
Councilman Freund moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
CITY BUDGET ESTIMATE
NOTICE-The C1ty council of Dubuque of Dubuque County, Iowa
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Taxpayers will be .heard for or against the Sollowt
ng estimate of
ezpenditures for the year beginning January 1, 1959.
A detailed statement of recelpta and disbursements, both peat and
antletpated will be available at the hearing.
LEO F. FROMMELT
It 7-82 City Cl erk
8 4 6 i
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(}enersl ......1 137,4781 194,8361 82b,b081 269,0511 60,000] 93.0501 118,001,
1
Street ..........1 91,8101 183,0691 173,2481 244,085 41,8101 12,0501 190,206'
1
S tety »......I 118,367 868,8011 880 8821 799,0971 40,0001 130,6001 888,637
Sanitation I 63,8411 272,8841 649,21b1 662,9261 1 286,1921 296,738
EnteepTtse ~ 16b,9881 274,7281 177,072+ 297,038 64,776 69,8821 172,979
Recreation I 62,9921 229,8421 201,8801 252,6791 38,4081 5b,3881 158,803
Utn[tles ....I 61,88911,989.6771 897,9771 896,2601 40,0001 669,8601 87,000
D8 t .Bern-~ 86,1841 828,926
1 239,167 294,0601 11,000 1,7601 231,810
1I
nd
900
46b1 214
318
1
l 1
0001
10 2821 188,038,
21
,
1 168,017
...
1 64,866
Age cy .
, , 1
,
Street l
((Road Uae) I
266,861
Taz) ............ E1,048 SSO,i89 I
219,OD0
11,046
207,964 _
I
profltr ..........I 18,87E 50,0001 64 OOOI 64,000 ~ b4,0001
Parking
Meter and
Parking
~
Lots .............. 170,8831 631,E81 180,747 882,000
81,883
160,19
I
II 11 1261
1
~
1 1
I [
I 12b1
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Land)
(Agr
1
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t
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easement)
Ezpen~) ....I 7,888( 88,701f 82,480 17,618
6,000
126 18,38T
Totals .......11,014,70?14,951,44013,968,68014,101,9b0 403,92211,620,91012.077,118
444.4D of assessed value =31.87
Eatlmated Taxes per 31
,
Taxable valuation (1957) ..................
(1967)
nd
l
l l ......... 84,426,E78
~ 12b,269
...............
.
a
s
tura
Taxable valuation agricu »»......,... 8 M111 14,508,302
Moneys and credlta (1967) .....,.....» ........................ ................ ...
8 Mill 1,696,389
lt, 7-21
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i
348 Regular Session, August 4,1958
August 1, 1958
Honorable Mayor and City Council
City Hall,
Dubuque, Iowa.
Gentlemen:
The Tax Study Committee of
the Dubuque Chamber of Com•
merce has reviewed the 1959 bud-
get for the City of Dubuque and
reported to the Board of Direc•
tors of the Chamber. The com•
mittee report has been favorably
received and the Chamber Board
has directed this means to ad•
vise you of our support of the
budget.
For your information, the com•
mittee spent a great deal of time
analyzing the budget, and care-
fully considered all factors in-
cluding the so-called recession,
wage trends, continuing present
services and providing police, fire
and health protection to the com•
munity,
Budgeted capital improvement
items insuring the orderly pur•
chase, on a pay-as-you-go basis,
of property necessary for future
improvements was recognized as
realistic and farsighted.
The committee gave consider-
able thought to the fact that many
of the items in the budget were
recommended by some forty mem•
hers of the various Boards and
Commission, representing all seg•
ments of the community, who give
freely of their time and effort
without compensation and hope of
reward except the knowledge of
a job well done.
They found the cost of City Gov
ernment in Dubuque is one of the
lowest per capita in the State of
Iowa for cities of comparable size
and no city surpasses Dubuque
in the quantity and quality of
services rendered to its citizens.
Dubuque is a progressive and
growing city and municipal gov-
ernment and the service it gives
should keep pace with that growth.
We are of the opinion this bud•
get is consistent with the needs
and plans of the City and should
be approved and we so recom•
mend.
Yours very truly,
DUBUQUE CHAMBER OF
COMMERCE
By Thomas B. Schmid
President
Councilman Freund moved that
the publication be received and
filed. Seconded bq Councilman
Kintzinger. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Mrs. Cora Breithaupt, Car t
Heathcote, R. F. Sefzik, and
Charles Spielman addressed the
Council making various objec-
tions to items in the budget.
RESOLUTION N0. 167.58
WHEREAS, the Council of the
City of Dubuque caused to be
prepared and published as pro•
vided by lays the Budget Estimate
of Expenditures for the fiscal year
beginning January 1, 1959 a n d
ending December 31, 1959 and the
hearing upon said Budget Esti-
mate was fixed for the 4th day of
August, 1958, at 7:30 P, M, at the
Council Chamber of the City Hall;
and
WHEREAS, this being the time
and place for said hearing said
Budget Estimate was taken up for
final consideration by the Coun-
cil and all parties in interest have
been given the opportunity to be
heard for or against said Budget
Estimate.
IT IS THEREFORE RESOLVED
BY THE CITY COUNCI, for the
City of Dubuque, Iowa:
That the Budget Estimate of
Expenditures for the fiscal year
beginning January 1, 1959 and end-
ing December 31, 1959, hereto-
fore prepared and published be
and the same is hereby finally
approved and adopted and t h e
Mayor and Clerk are directed to
certify the same to the County
Auditor of bubuque County, Iowa,
together with the verified proof
of publication and the notice of
hearing upon said Budget Esti•
mate.
BE IT FURTHER RESOLVED
that the taxes required to be col-
lected in the year be and the
same are hereby levied in the
various funds in the amounts in
said Budget Estimate.
Passed, adapted and approved
this 4th day of August, 1958.
CLARENCE P. WELU
Mayor
Regular Session, August 4,1958 347
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Kintzinger moved
the adoption of the resolution.
Seconded by Mayor Welu. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
r Freund, Kintzinger, Schueller.
Neys-Councilman Takos.
t' RESOLUTION N0. 168.58
A Resolution establishing t h e
tax levies for the year 1958, the
taxes to be collected in the year
1959 and used for municipal pur•
poses of the City of Dubuque.
BE iT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE that there be and
there is hereby levied the taxes
for municipal purposes for the en•
suing year of 1958 of the follow-
ing number of mills on the dollar
of all taxable property within cor-
porate limits of said City.
1.4282 mills for General Fund.
9.5651 mills for Public Safety
Fund.
4.5157 mills for Sanitation Fund.
2,8927 mills for Street Fund.
2.6326 mills for Municipal Enter-
prise Fund.
2.4168 mills for Recreation Fund.
1.3240 mills for Utilities Fund.
.1885 mills for City Assessment.
3,5201 mills for Debt. Service
Fund.
.7100 mills for Fire Pension
Fund.
.4838 mills for Fire Retirement
Fund.
.5593 mills for Police Pension
Fund.
.3991 mills for Police Retirement
Fund.
,2561 mills for Social Security
Fund.
.3775 mills for Employees Retire-
ment Fund (State).
BE IT FURTHER RESOLVED
that the 1.25 mills on the dollar
is hereby levied upon all lots or
parcels of land containing ten
acres or more which are accu-
pied in good faith and used for
agricultural or horticultural pur-
poses.
BE 1T FURTHER RESOLVED
that the Mayor and Clerk be and
they are hereby directed to certi•
~~
fy the sums of money that the
said tax levies will produce, as
shown by the Budget Estimate
of Expenditures, adopted by this
Council on the 4th day of August,
1958 to the Auditor of Dubuque
County on or before August 15th,
1958.
Passed, adopted and approved
this 4th day of August, 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Kintzinger moved
the adoption of the resolution.
.Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller.
Nays-Councilman Takos.
Petition of Thomas Hennings et
al, 261 signers, protesting against
increase of water rates, presented
and read.
Councilman Freund moved that
the petition be received and filed.
Seconded by Councilman Kintzing•
er. Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Tak•
os.
Nays-None.
R. F. Sefzik addressed the Coun•
cil stating that no mains should be
laid at the present time in order
to keep expenses under control. Mr.
John Ewarts of the Trades & Labor
Congress made inquiry as to the
boosting of sewage rates. He was
assured that the sewage rates would
remain the same. Cora Breithaupt
voiced objection to the increase in
water cost on her particular bill.
John Wieser addressed the Council
objecting to any further water rate
increase. Mr. Richard Henschel
stated that he liked soft water and
realized it costs money to have it.
He further stated that the citizens
of Dubuque could get 75 gallons
of water a day for a nickel on
the basis of $1.50 per month for
300 cubic feet.
ORDINANCE N0. 5458
An Ordinance fixing and estab•
lisping rates to be charged for the
350 Regular Session, August 4,1958
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were drawn during
the month of June 1958, presented
and read.
Councilman Freund 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.
ASSIGNMENT
To Dubuque Bank and Trust
Company, Dubuque, Iowa
Wr~;ttEAS, the undersigned has
been the successful bidder and has
been awarded contracts to improve
certain sanitary sewer projects in
the City of Dubuque, Iowa, describ-
ed in the plans and specifications
therefore dated July 11, 1958,
which plans and specifications are
officially on file in the office of the
Clerk of said City, said contract be-
ingdated July 11,1958, and execut-
ed by the City of Dubuque, Iowa,
as party of the first part, and total-
ling approximately $103,889.15.
WHEREAS, the Dubuque Bank
and Trust Company has made a
commitment to the undersigned to
advance sum not to exceed sev-
enty five per cent (75%) of the
total of said contracts, more fully
described as follows:
City of Dubuque 1958 Sanitary
Sewer Project No. 1-Bid Section
No. 1
City of Dubuque 1958 Sanitary
Sewer Project No. 1-Bid Section
No. 2
NOW THEREFORE, for value
received and for the purpose of
securing payment at maturity of
the principal and interest of said
indebtedness, and of any extension
or renewal of the same, and to
secure as well all other indebted-
ness, now or hereafter owing from
the undersigned to said bank, .the
undersigned hereby sets aside, as•
signs and transfers to said bank
certain contracts dated July 11,
1958, to improve certain sanitary
sewers in the City of Dubuque,
Iowa, described in the plans and
specifications tp~eyefore dated July
11, 1958, and on file in the office
of the Clerk of said City, for the
sum of approximately $103,889.15,
for improving certain sanitary sew-
ers hereinafter described on said
contracts; together with the right
to sue for, collect, receive and
receipt for the sum represented by
said contracts, and to apply the
proceeds thereof upon said indebt-
edness; which contracts are hereby
warranted to be valid, subsisting
and collectible, contracts are at-
tacked hereto and made a part
hereof.
Dated at Dubuque, Iowa, this
23rd day of July, 1958.
Hennessey Bros. Inc.
By M. J. Hennessey,
Vice President
Dubuque Bank and Trust Company
Dubuque, Iowa.
Receipt is hereby acknowledged
of the above notice and a copy of
the above mentioned instruction
of assignment.
/s/ L. J. SCHILTZ,
City Manager, Dubuque, Iowa.
Councilman Takos moved that
the Assignment be approved and
made a matter of record. Seconded
by Councilman Freund. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays--None.
Communication of State Depart-
ment of Health issuing permit No.
58.123.5 for the construction of an
8" sanitary sewer in Scenic View
Heights No. 2, presented and read.
Councilman Schueller moved that
the communication be received and
filed. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Communication of State Depart-
ment of Health issuing permit No.
58-124.8 for the construction of an
8" sanitary sewer in Alta Place,
presented and read. Councilman
Schueller moved that the communi•
cation be received and filed. Sec•
onded by Councilman Takos. Car•
ried by the following vote:
Regular Session, August 4,1958 351
Yeas--Mayor Welu, Councilmen July 30, 1958
Freund, Kintzinger, Schueller, To the Honorable Mayor
Takos. and City Council
Nays-None, Dubuque, Iowa
Communication of R. F. Sefzik
submitting a list of objections and
questions as to the operation of the
City, presented and read. Council-
man Kintzinger moved that the
communication be referred to the
City Manager for a reply. Seconded
by Mayor Welu. Carried by the
following vote:
Yeas--Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Council proceedings for the
month of January 1958 were pre-
sented for approval. Mayor Welu
moved that the council proceedings
for the month of January 1958 be
approved as printed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Communication of County Audit-
or Meloy submitting a petition for
suspension of taxes on account of
age or infirmity by George Brandt
owner of the S'h of Lot 162 in
East Dubuque Addition, presented
and read. Councilman Kintzinger
moved that the petition be referred
to the City Manager for investiga-
tion and report. Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Communication of the U. S. Con•
ference of Mayors advising that the
Annual Conference of Mayors will
be held at Miami Beach and not in
New Orleans as originally schedul-
ed, presented and read. Councilman
Freund moved that the communica-
tion be received and filed. Second•
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Gentlemen;
The complaint of Charles M.
Spielman of 1785 Bennett Street
relative to construction of garages
and sheds into the alley behind his
residence was referred to the
Council to view the grounds.
Upon viewing the grounds the
Council found several fences and
walls encroaching upon the 20 foot
alley, however, in their opinion
were not causing inconvenience or
obstructions. If and when the alley
is graded and resurfaced, the own•
ers of the property where obstruc•
tions occur would be required to
move them.
T recommend that the decision
of the Council be confirmed.
Respectfully submitted,
L. J. SCIi1LTZ,
City Manager
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved. Second•
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
July 31, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
Business places in the vicinity of
18th and Central Avenue have been
complaining about parking prob-
lems for customers wishing to
park close to their places of busi-
ness.
At the present time parking
meters extend north on Central to
18th Street at which point two hour
parking zone commences. It is be•
lieved that the creation of a two
hour parking zone on both sides of
East 18th Street from Central Av-
enue to White Street would help
relieve this condition.
It is recommended that both
sides of East 18th Street from Cen-
tral Avenue to White Street be in•
eluded in Schedule N, Section 2 as
a part of Section 18.5 of Ordinance
i~~~
352 Regular Session, August 4,1958
No. 33.49 and that the City Solicit-
or be instructed to draw a change
in the ordinance.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
July 31,1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Thomas A. Mc
Andrew and others requesting that
Bissell Lane from Dodge Street
north be made aone-way street was
referred to the City Manager.
Upon investigation it was found
that several residences and busi-
ness places that use this Lane ob•
ject to the making of it one-way.
The real problem is that commer•
cial vehicles use Bissell Lane as a
short cut and do not follow the
route marked highway.
It is recommended that the peti-
tion asking for Bissell Lane to be
made one-way north bound be de-
nied and that the alley be posted
prohibiting the use of the lane for
through traffic purposes for com-
mercial vehicles.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved and that
proper proceedings be prepared.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
August 4,1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that I have
approved the following bonds and .
desire to have your approval on
same for filing, subject to the ap-
proval of the City Solicitor:
SIDEWALK
Elmer T. Kisting, American Cas-
ualty Co.
Richard Magnall, Fireman's Fund
Indemnity Co.
Dasso Construction Company,
American Surety Company
James Sabers, Western Surety
Company
HEATING
Giese Sheet Metal Company, The
Ohio Casualty Ins. Co.
Kennedy Furnace and Sheet
Metal Works, The Travelers Indem-
nity Co.
Joseph H. Fecker, Merchants Mu-
tual Bonding Co.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved
that the bonds and policies be filed
subject to the approval of the City
Solicitor, Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
August 4, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Sewage Treatment Plant -
Contract No. 3 under contract to
G. E. Tillman Company Inc. of Cen-
tralia, Illinois, has been completed
in accordance with the plans and
specifications with the exception of
putting the plant in operation and
testing various equipment.
At this time, it is impossible
to operate the plant and test the
equipment until the sewage pump-
ing station and the force main are
completed. The estimate time of
completion for the lift station and
force main is the month of Septem-
ber.
I therefore recommend that a
semifinal acceptance of the Sew-
age Treatment Plant-Contract No.
3 be made with reservations that
the final acceptance will be initiat-
ed at the time the plant is put in
operation and all equipment is
Regular Session, August 4,1958 353
tested. I also recommend at this
time that asemi-final payment to
the contractor be paid at this time
with $10,000.00 of the contract
price retained plus Item No. P•27
for $2,000.00 which is the contract-
ors bid price for putting the plant
in operation.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kintzinger moved
that the recommendations of the
City Manager be approved. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
August 4, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I recommend that Kenneth Cul•
len be appointed city manager pro
tem while I am absent from the
City during August.
This request if approved will
eliminate any unnecessary delay in
making partial payments to con-
tractors who will have payments
due.
Respectfully submitted,
L. J. SCIiII~TZ,
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved. Second-
ed by Councilman Kintzinger. Car•
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
July 31, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of E. M. Kieffer, 27
Gandolfo Street requesting vaca-
tion of Peabody Street from Dodge
Street northerly to end of street
has been considered by the Plan•
Wing and Zoning Commission.
The Commission recommends
that Peabody Street as described
above be vacated provided ease-
ments are retained for present utIl-
ities.
The petition does not contain
the signature of the owner on the
east side of this street and if the
petitioner is not successful in
securing this portion of Peabody
Street he would then be restricted
to access to garabe on the rear of
his property over his own property.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By R, D. Waller, Acting•Sec'y.
Councilman Freund moved that
the communication be referred to
the City Solicitor to have proper
proceedings prepared. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
July 31, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Planning & Zoning Commis-
sion has considered the request of
Mr. Hubert Melssen and the com-
munication of City Council and
recommends that the portion of
Whittier Street from Lincoln Av-
enue to Prescott Street be vacated,
provided easements are retained
for present utilities.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By R. D. Waller, ActingSec'y.
Councilman Freund moved that
the communication be referred to
the City Solicitor to have proper
proceedings prepared for sealed
bids. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos,
Nays-None.
July 31, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Charles T. Lan-
don et al requesting Vacation of
354 $egular Session, August 4,1958
Alley between Lots 4, 5, 8, 7, and
42 and 43 Grandview Avenue Addi•
lion has been considered by the
Planning and Zoning Commission.
This alley has never been opened
for public travel and the Commis-
sion recommends that this alley be
Vacated provided easements are re•
twined for present utilities.
Respectfully submitted,
Dubuque Planning k Zoning
Commission
By R. D. Waller, Acting•Sec'y.
Councilman Kintzinger moved
that the communication be referred
to the City Solicitor to have proper
proceedings prepared. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takes.
Nays-None.
August 4, 195
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa.
Gentlemen:
I have examined the request
filed by Frederick Hardt, 990
West 32nd Street, for agricultural
exemption on Hardt Place.
There has been some delay in
reporting to you on this matter
because it was necessary to ex-
plore several legal questions that
were raised.
It now appears that this land
qualifies for the exemption pro
vided by Section 404.15.
I therefore recommend t h a t
the attached request be referred
to the Board of Supervisors of
Dubuque County far refunding as
an erroneous tax that portion of
the City Tax in excess of 1.25
mills.
The authority of the Board of
Supervisors is contained in Sec-
lion 445.60 of the Code.
Respectfully,
T. H. NELSON
Councilman Kintzinger moved
that the recommendation of the
City Solicitor be approved. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Julp 31, 1958
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
The City of Dubuque has ac-
quired, through tax title, the fol•
lowing described real estate:
Lot 2 of the Subdivision of Lot
1 of Lot 1 of Smith Southern
Avenue Place in the City of Du•
buque, Dubuque County, Iowa; and
Lot 2 of the Subdivision of Lot
1 of Lot 1 of Lot 1 of Smith
Southern Avenue Place in the City
of Dubuque, Dubuque County,
Iowa.
At the time of the tax sale,
Interstate Power Company owned
an easement for transmission line
across this piece of property.
Ordinarily such an easement would
be destroyed by the tax sale, but,
in view of the fact that the prop-
erty of the public utility company
is assessed by the State Tax Com-
mission and not by the City As-
sessor the tax title sale did not,
in this instance, destroy the ease-
ment.
However, the fact of the sale
has created a doubt and in order
to resolve the same Interstate
Power Company has requested
that the City grant a new ease-
ment in the attached form, which
merely confirms the existing ease-
ment.
I recommend that the request
be granted and that after public
hearing a new easement be exe-
cuted. The Interstate Power Com•
pony has agreed to pay the cost
of publication in connection with
the hearing.
Respectfully,
T. H. NELSON
Councilman Kintzinger moved
that the recommendation of the
City Solicitor be approved and
that a public hearing be held on
September 2, 1958 at 7:30 P.M, in
the Council Chambers and t h e
Clerk instructed to publish notice
of same as required by law. Sec•
owded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Regular Session, August 4,1958 355
July 28, 1958
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa.
Gentlemen:
The claim of Gerhard and Anna
Esser for damages sustained from
a backed-up sewer, has been set-
tled by the contractor's insurance
company and a copy of the re•
lease is herewith submitted.
Sincerely,
T. H. NELSON
Councilman Kintzinger moved
that the communication be re•
ceived and filed. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None,
July 31, 1958
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa.
Gentlemen:
At your direction, I have in•
vestigated the claim of Miss Paula
0. Blech, for damages sustained
when she broke her foot in a fall
on the sidewalk on the west side
of Twelfth Street between Iowa
and Central,
After numerous conferences
with Miss Blech, as well as in-
vestigation by disinterested par-
ties, Ifind that this defect existed
as claimed and that the injury
was sustained.
At the time of her claim Miss
Blech listed her damage as $950,
but healing had not been com-
pleted at that time, end it now
develops that her out-of•pocket ex-
penses total $1,024.07.
Miss Blech has offered to ac•
cept this amount in full settle-
ment of her claim and I recom-
mend that the settlement be ap-
proved and the Auditor instructed
to issue a warrant payable to Paula
0. Blech, in the amount of $1,204:
07, and deliver the same upon re•
ceipt of a properly executed re•
lease.
Respectfully submitted,
T. H. NELSON
Councilman Kintzinger moved
that the recommendation of the
City Solicitor be approved, and
the Auditor instructed to draw a
warrant payable to Paula 0. Blech
in the amount of $1024.07, and
deliver the same upon receipt of
a properly executed release in full
settlement of the claim. Seconded
by Councilman Schueller. Carried
by the fallowing vote:
Yeas--Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
Notice of claim of John W. Riley
of 1950 Lombard Street is an un•
named amount, for car damage sus-
twined as the result of striking an
open manhole at Loras Blvd. and
Atlantic streets on July 31, 1958,
presented and read, Councilman
Kintzinger moved that the claim
be referred to the City Solicitor
for investigation and report. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
Notice of claim of W. F. Chand•
lee of 284 Alpine Street, in the
amount of $22.80, for car damage
sustained as the result of striking
a protruding manhole on Ever•
green Drive on July 13, 1856, pre•
sented and read. Councilman Kint•
zinger moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Mrs. Roy Curtis et
al objecting to changing the name
of Althauser Avenue to Terrace
Hill, presented and read. Council-
man Freund moved that the peti•
lion be received and filed. Second•
ed by Councilman Takos. Carrled
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos. '
Nays-None.
Petition of H. J. Conrad request-
ing that the name of Althauser
Avenue be retained out of respect
for the memory of Mr. Althauser,
an early pioneer, presented and
read. Councilman Freund moved
that the petition be received and
filed. Seconded by Councilman Ta-
kos. Carried by the following vote:
356 Regular Session, August 4,1958
Yeas-Mayor Weht, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Edna Althauser Cly
mer protesting against changing
the name of Althauser Avenue,
presented and read. Councilman
Freund moved that the petition
be received and filed, Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
ORDINANCE N0. 48.56
An Ordinance Changing the
name of Lenox Avenue to Van
Buren Street and Changing the
name of Althauser Avenue to Ter-
race Hill, same having been passed
upon first reading at the meeting
of July 7, 1958 and held in the of-
fice of the City Clerk pending
public hearing, presented for Final
Adoption.
Councilman Freund moved to
delete Section 2 of the Ordinance
changing the name of Althauser
Avenue to Terrace Hill. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE No. 48-68
An Ordinance Changing the
Name of Lenox Avenue to Van
Buren Street.
BE IT ORDAINEDTiy the City
Council of the City of Dubuque:
Section 1. That the name of
Lenox Avenue be and the same
is hereby changed to Van Buren
Street, from University Avenue to
Pennsylvania Avenue;
Section 2. That the City Clerk
be and he to hereby authorized
and directed to record a certified
copy of this Ordinance in the of-
fice of the County Recorder of Du-
buque County, Iowa.
Section 3. This Ordinance shall
be in full force and effect from
and after its fins] passage, adop-
tion and publication as by law
provided.
introduced the 7th day of July,
1958.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 7th day of July,
ls5a.
Passed by recorded roll call vote,
adopted and approved this 4th day
of August, 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKO$
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graph Herald Newspaper this 8th
day of August, 1958.
LEO F. FROMMELT
City Clerk.
1 t. 8.8
Councilman F{intzinger moved
the adoption of the Ordinance. Sec•
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE N0. 57.58
An Ordinance Amending and
Changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No. 3.34, designated
Zoning Ordinance of the City of
Dubuque so as to change all of
Lots 275, 276, 277, 278, 365, 366,
367 and 368 Davis Farm Addition
from Multiple Family Residence
District Classification to Local Bus-
iness District A Classification, pre-
sented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Council-
men Freund, Kintzinger, Schuel-
ler, Takos.
Nays-None.
Councilman Freund moved that
a public hearing be held on the
Ordinance on September 2, 1956
at 7:30 p.m. in the Council Cham-
ber and that the City Clerk be in-
structed to publish notice of the
hearing in the manner required
by law. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
keS.
Nays-None.
Regular Session, August 4, 1958 357
DOCK BOARD ORDINANCE
No.1.58
An Ordinance Establishing No
Parking Areas on Streets and
Property under Dock Board Juris-
diction.
Be It Ordained by the Dock
Board of the City of Dubuque:
Section 1. That the following
areas are designated as "No Park-
ing Areas" in accordance with
the provisions of Section 9 of Or-
dinance No. 41-57 of the City of
Dubuque:
a. The Boat Landing Ramp at
the foot of East First Street;
b. Both sides of East First Street
from Water Street to Terminal
Street;
c. The east side of Terminal
Street from the south edge of the
Boat Landing Ramp to a point 100
feet south of the south edge of
the Boat Landing Ramp;
d. The Boat Landing Ramp at
the foot of Hawthorne Street and
its approach;
Section 2. That no vehicle shall
park upon the portions of Haw-
thorne Street and Lake Street ly-
ing south of the south line of
Block One of River Front Sub-
division No, 3, except that boat
trailers and their towing vehicles
may be parked on such portions of
such street where parking is not
otherwise prohibited;
Section 3. That the Dock Board
Manager be and he is hereby au-
thorized and directed to post signs
at said areas giving notice of the
prohibitions contained in this Or-
dinance;
Section 4. That the Secretary be
and he is hereby directed to cause
a certified copy of this Ordinance
to be transmitted to the City Clerk
and to keep a copy of the same
posted in a conspicuous place in
the offices of the Dock Board, and
to publish the same in the manner
provided by law.
Passed and adapted this 16th
day of July, A. D. 1958.
A. Y. McDONALD, Pres.
FRED NEYENS, Sec.
F. L. WAGNER, Com'rs.
Published officially in the Tele-
graph-Herald Newspaper this 11th
day of August, 1958.
LEO F, FROMMELT,
City Clerk
1 t. 8.11
Councilman Freund moved that
the Ordinance be received and
filed after proper publication. Sec•
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing on Ordinance No. 50-
58, an Ordinance amending the
Zoning Map by Changing the Zon-
ing Classification from the present
Multiple Family Residence District
Classification to Local Business
District A Classification on Lots
305 and 306 in Davis Farm Addi-
tion presented and read. Council•
man Kintzinger moved that the
proof of publication be received
and filed. Seconded by Council-
man Takos, Carried by the follow-
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Mrs. Dolores Henkel, Mrs. Rita
Schiltz, Mrs. Amert Lesch, Mr. Leo
Hartmann, Mr, John A. Matous,
Mr, Nick Freiburger, all addressed
the Council objecting to the re-
zoning of Lots 305 and 30B in
Davis Farm Addition,
ORDINANCE N0. 50.58
An Ordinance amending and
changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No. 3.34, designated
Zoning Ordinance of the City of
Dubuque so as to change certain
property hereinafter described
from Multiple Family Residence
District Classification to Local•
Business District A Classification,
same having passed upon first
reading on July 7,1958, final adop-
tion of the Ordinance being sub-
ject to public hearing, presented
for Final Adoption.
After considerable discussion
Councilman Kintzinger moved that
action be deferred on the Ordi•
nonce until a future date for con-
sideration by the Council.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, I{intzinger, Schueller, Ta•
kos.
Nays-None,
IIII'i
r
358 Regular Session, August 4,1958
Proof of Publication, certified
to by the Publisher, of notice of
public hearing on Ordinance No.
51.58, an Ordinance Amending the
Zoning Map of the City of Du-
buque by changing the present
Two Family Residence District
Classification to Local Business
District A Classification on Lot 11
in McCraneys Addition, presented
and read, No written objections
were filed and no objectors were
present in the Council Chamber at
the time set for the public hearing.
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, Ta•
kos.
Nays-None.
ORDINANCE N0. 51.56
An Ordinance Amending and
Changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No, 3.34, designated
Zoning Ordinance of the City of
Dubuque so as to change Lot 11
in McCraneys Second Addition
from Two Family Residence Dis-
trict Classification to Local Busi-
ness District A Classification same
having passed upon first reading
on July 7, 1958, final adoption of
same being subject to public hear-
ing, presented for Final Adoption.
Ordinance No. 51.58
An Ordinance amending and
changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No. 3-84, Designated
Zoning Ordinance of the City of
Dubuque" so as to change certain
property hereinafter descr[bed from
Two Fam11y Residence District
Classification" to "Local Business
District A Classification".
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That the Zoning Map
and Zoning Ordinance of the City
of Dubuque be and the same is
hereby amended and changed as
follows:
a. By changing from "Two Fam-
ily Residence District Classifica-
tion" to "Local Business District
A Claealficatlcn" the following de-
scribed property:
Lot Eleven in McCraneys Sec-
ond Addition.
Section 2. This Ordinance shall
be in full force and affect from
and after its final passage, adop-
tion and publication as by law
provided.
Tntroduced the 7th day of July,
1958.
Rule requiring reading on three
separate days suspended by unani-
mous vote the '~lh flay oP July,
1958.
Passed by recorded roll call vote,
adopted and approved this 4th
day of August, 19b8.
Clarence P. Welu
Mayor
George A. Freund
Leo N. Schueller
Charles A. Kintzinger
Peter J. Takos
Councilmen
Attest: Leo F. Frommelt
City Clark
Published off[cially in the Tele-
gtaph-Herald Newspaper this 11th
day of August, 1958,
Leo F. Frommelt
City Clark
lt. 8-11
Councilman Takos moved the
adoption of the Ordinance. Sec•
onded by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kDS.
Nays-None,
ORDINANCE N0. 58.58
An Ordinance Amending Ordi•
Hance No. 33-49, known as the
Traffic Code, by repealing Section
B of Schedule III and Enacting
a Substitute therefor, presented
and read.
Councilman Freund 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, Ta-
kos.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun•
Gilman Kintzinger. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays--None.
ORDINANCE N0. 68.58
An Ordinance Amending Ordinanoe
No. 33-99, Known as the Traffic
Code, by Repealing Section B of
Schedule III and Enacting a Sub-
stitute therefor.
Be It Ordained Bq The C[ty
Council Of The City Of Dubuque,
Iowa:
Section 1. That Section B of
Schedule III of Ordinance No.
33-49, known as the Traffic Code,
be and the same is hereby repeal-
ed and the following enacted in
lieu thereof'
"B. North-bound and 8 o u t h-
bound vehicles moat atop before en-
tering the intersection af:
Rosedale and Avoca Streets;
East Twenty-ftret and Washing-
ton Streets;.
East Twenty-first and Elm
Streets;
Lincoln and Stafford Avenue;
Cherry and Finley Streets;
Regular Session, August 4, 1958 359
Lincoln Avenue and Kniest
Street;
Chaney Road and Hlllcreat Road;
Queen Street and Twenty-fourth
Streets;
East Twenty-second and White
Streets;
East Twenty-fourth and White
Streets;
East Twenty-fifth and White
Streets;
East Twenty-eighth and White
Streets;
East Twenty-ninth and White
6treets;
East Thirtieth and Whit e
Streets."
Section 8. This Ordinance shall
be in full Sorce and effect from and
after its final passage, adoption
and publication as by taw provid-
ed ntroduced the 4th day of August,
1968.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 4th day of August,
1958.
Passed by recorded roll call vote,
adapted and approved this 4th day
of August 1958.
CLARENCE P. WELU, Mayor
GEORGE A.FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councilmen
Attest: Leo F. Frommelt
City Clerk
Published officially in The Tele-
graph-Herald Newspaper this 11th
day of August 1958.
LEO F. FROMMELT
1t. S/11 City Clerk
Councilman Freund moved the
adoption of the Ordinance. Sec-
onded by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
k03.
Nays-None.
August 1, 1958
To the Honorable Mayor
and Clty COllnCll
Dubuque, Iowa
Gentlemen:
Attached is an Ordinance repeal-
ing Section 3 of Ordinance No. 50-
57. It is recomended that this sec•
tion of the ordinance be repealed
as it applied to the North Central
Public Service Company purchas-
ing gas at the city station at Cen-
ter Grove. This provision is not
applicable to the Peoples Natural
Gas Company.
Respectfully submitted,
L, J. SCHILTZ,
City Manager
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved. Second•
ed by Councilman Schueller, Car-
ried by the following vote;
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE N0. 54.58
An Ordinance Amending Ordi-
nance No. 50-57 by Repealing Sec-
tion 3 thereof, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cllman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE N0. 59.58
An Ordinance Amending Ordinance
No. 60-67 by Repealing Section 3
thereof.
Be It Ordained By The City
Council OP The City of Dubuque,
Iowa:
Section 1. That Section 3 of Ordi-
nance No. 60-57 be and the same
is hereby repealed.
Section 2. This Ordinance shall
be In full torte and effect from
and after its Etna] passage, adop-
tion and publication ae by law
provided.
Introduced the dth day of August,
1958.
Rule requiring reading on three
separate days suspended by unani-
mous vote the !th day of August,
1958.
Passed by recorded roll call vote,
adopted and approved this 4th day
of August, 1958,
CLARENCE P. WELU, Mayer
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councnmen
Attest: Leo F. Frommelt
City Clerk
Published officially in The Tele-
graph-Herald Newspaper this 11th
day of August 1968,
LEO F. FROMMELT
lt. 8/11 City Clerk
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Welu, Councillen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition for writ of certiorari to
the United States Court of Appeals
for the Eighth Circuit in the Su•
preme Court of the U. S., George
Vincent McMahon, Petitioner vs.
City of Dubuque, Iowa, Respond-
ent, presented and read.
360 .Regular Session, August 4,1958
Councilman Kintzinger moved
that the petition be referred to
the City Solicitor, Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Kenneth J, Palm re-
questing the installation of a street
light in the middle of the block
between Fremont and Grandview
on Dodge street, presented and
read. Councilman Kintzinger
moved that the petition be re-
ferred to the City Manager and
Electrical Inspector for investiga-
tion and report. Seconded by Coun-
cilman Freund. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Noah Taylor et al re•
questing the installation of street
lights between 1725 and 2415 Kauf-
mann Avenue, presented and read.
Councilman Kintzinger moved that
the petition be referred to the City
Manager and Electrical Inspector
far investigation and report.. Sec•
onded by Councilman Freund. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Disabled American
Veterans requesting permission
to hold their annual Forget Me
Not Sale on Friday and Saturday,
August 29th & 30th, presented and
read. Councilman Schueller moved
that the request be granted pro-
viding there are no conflicting
dates. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None,
Petition of William Becker re-
questing vacation of the 8 foot
wide public utility easement lying
in Lot 3 of Block 1 of William
Becker Kaufmann Avenue Subdi-
vision, presented and read. Coun-
cilman Kintzinger moved that the
petition be received and filed, Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
July 31, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The request of William Becker
for vacation of an eight foot ease-
ment along the east line of Lot
3, Block 1 in William Becker
Kaufmann Avenue Subdivision has
been examined by the Planning
and Zoning Commission.
This easement is not needed in
this particular location and the
Commission recommends vacation
of same.
Respectfully submitted,
Dubuque Flanning & Zoning
Commission
By R. D. Waller, Acting-Sec.
Councilman Kintzinger moved
that the recommendation of the
Planning & Zoning Commission be
approved. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE N0. 60.56
An Ordinance Vacating Public
Utility Easement in Lot 2, Block
One in William Becker Kaufmann
Avenue Subdivision in the City
of Dubuque, presented and read.
Councilman Freund moved that
the reading just had be consid-
ered the first reading of the Ord-
inance. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None,
Ordinance No. 60.58
An Ordinance Vacating Public
Utility Easement in Lot Z, Black
One in "William Becker Kaufmann
Avenue Subdivision" to the City
of Dubuque.
Regular Session, August 4,1958 361
Whereas, upon the plat of Block
One in "William Becker Kaufmann
Avenue Subdivision" in the City
of Dubuque, Iowa, there appears
an 8 foot wide public utility ease-
ment, crossing Lot 3 of said Block
One; and
Whereas, William Becker, as
owner of said Lot 3 of Block One,
and Lot One of Block One, has
petitioned the City Council to va-
cate said easement; and
Whereas, it appears there is no
present nor future forseeable need
for such an easement; and
Whereas, the Planning and Zon-
ing Commission has recommended
the approval of said request;
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
Section 1. That the 8 foot wide
public utility easement across Lot
3 of Block One in "William Becker
Kaufmann Avenue Subdivision" in
the City of Dubuque, Dubuque
County, Iowa Prom the street line
to the rear lot line, be and the
same is hereby vacated, reserving,
however, In the City of Dubuque
an easement for the eslsting sani-
tary sewer appearing upon said
plat;
Section 2. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Ordinance in the of•
fits of the County Recorder of Du-
buque County, Iowa.
Section 3. This Ordinance shall
be in full force and effect from
and after its Yinal passage, adop-
tion and publication as by law
provided.
Introduced the 4th day of Au-
gust, 1958.
Rule requiring reading on three
separate days suspended by unan[-
mous vote the 4th day of August,
1958.
Passed by recorded roll call vote,
adopted and approved this 4th day
of August, 1958.
Clarence P. Welu
Mayor
George A. Freund
Leo N. Schueller
Charles A. Kintzinger
Peter 7. Takos
Councilmen
Attest: Leo F. Frommelt
City Clerk
Published officially In the Tele-
graph-Herald Newspaper this 11th
day of August, 1958.
Leo F. Frommelt
Ctty Clerk
lt. a-u
Councilman Freund moved the
adoption of the Ordinance. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Aloys H. Weis et ux
requesting permission to erect a
stone retaining wall along the
westerly side of Lot 61 in Pleas-
ant View along Abbott Street,
presented and read. Mayor Welu
moved that the Council view the
grounds. Seconded by Councilman
Freund. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Lyle C. Ender et al
requesting the installation of street
lights on Glendale Court, presented
and read. Councilman Freund mov-
ed that the petition be referred
to the City Manager and Electrical
Inspector for investigation and re-
port. Seconded by Councilman
Kintzinger. Carried by the follow•
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Ray A. Vyverberg
et al requesting the execution
of a Quit Claim Deed conveying
vacated streets and alleys which
are a part of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Ehrlich Place
in the City of Dubuque, said
streets and alleys were vacated by
the City by Ordinance No. 7.43,
presented and read.
Mr. William J. Reilly of Reilly
Realty Inc. addressed the Council
stating that a conveyance to the
Vyverbergs would affectuate a re-
alignment of the streets as they
were originaly platted in the area
into new subdivisions which shall
be laid out far better than the
original streets and alleys for the
purposes of subdividing. Council-
man Freund moved that the mat-
ter be set down for a public
hearing to be held on September
2, 1958 at 7:30 P. M, in the Coun-
cil Chamber and the Clerk be
instructed to publish notice of
same as required by law. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Schueller, Takos.
Nays-None.
Councilman Kintzinger not voG
ing.
July 30, 1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Housing and Home Finance
Agency of the Community Facili-
ties Administration has approved
a grant far plan preparation on
the Fengler Street overpass con-
necting Kerper Boulevard to Gar-
r
1
382 13egular Session, August 4,1958
field Avenue, The amount of this
grant is $9,215.00 to cover all pre•
liminary investigation and com•
plate plans and specifications for
this two lane overpass and ap-
proaches.
This is one of the projects
which the Council authorized me
to request planning funds, t h e
other is the 14th Street overpass
on which we have not as yet re•
ceived a grant.
I recommend that the City
Council accept this agreement
and authorize the City Manager
to execute the acceptance on be•
half of the City of Dubuque, Iowa.
I also recommend that the City
Manager be authorized to enter
into a contract with a responsi-
ble firm of engineers to prepare
the pious and specificatipn for
this project,
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved
that the recommendations of the
City Manager be approved. Sec•
owned by Councilman Kintzinger.
Carried by the following vote:
Xeas--Mayor Welu, Councilmen
Freund, Kinteinger, Schueller,
Takos.
Nays-None.
RBSOI.UTION N0. 169.58
WHEREAS, the City of Dubuque
has received a formal offer from
the Housing and Home Finance
Agency of the Community Facil-
ities Administration of the United
States to make an advance of
$9,213.00 to aid in financing the
cost of complete plans and speci-
lications for Femgler Street two
lane overpass and approaches;
BE ix RESOLVER liY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE:
1. That the construction of this
RPOject is to the best interests
of the City and that the Cit?
Ceuneil accept this Offer.
2. That the City Manager be
hereby authorized and directed to
sign the agreement on behalf of
the City of Dubuque.
Passed, adopted and approved
this 4th day of August, 1958.
CI,~IRFNCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCIIUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved
the adoption of the resolution.
Seconded by Councilman Kintzing-
er. 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
public hearing to consider the
execution of a Transmission Line
Easement to Interstate Power Co.
across the following described
property generally described as:
Beginning at the west end of Whit-
tier street, then along the center
line of Whittier street, and the
center line of Whittier street ex-
tended to the center of the median
strip of Kerper Boulevard, then
along the center of the median
strip of Kerper Boulevard to Six-
teenth Street, then along the west
edge of the dike to a point north
of the pumping station; then
across the reservoir and Twelfth
Street in a direct line of the Inter•
state Substation at the Power
House all in the City of Dubuque,
presented and read.
No written objections were filed
attd no oral objectors were pres-
ent in the Council Chamber at
the time set for the public hear-
ing.
Councilman Freund moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Kintzinger. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
RESOLUTION N0. 170.58
Whereas, the Dock Board of the
City of Dubuque has entered in-
to an agreement with Interstate
Power Company for the relocation
of a certain transmission line
which presently traverses t h e
area known as "Area B" Industrial
Dovelopment of the City of Du-
buque;' which agreement provides
in part for the granting to said
Regular Session, August 4,1958 363
Interstate Power Company a new
easement for said transmission
line as relocated; and
Whereas the said Dock Board
has submitted to the City Council
for approval said Agreement and
has requested the City Council to
grant said easement in partial
performance of said Agreement;
and
Whereas the City Council at a
public hearing held August 4, 1958
pursuant to notice published in the
Telegraph-Herald July 11, 1958
and July 18, 1958, has determined
that it is in the best public in-
terest that said easement be
granted and the Agreement be
approved;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUN•
CII, OF THE CITY OF DU-
BUQUE:
Section 1. That the City of Du-
buque, a municipal corporation,
does hereby grant unto Interstate
Power Company, a Delaware Corp-
oration, its successors and assigns,
forever, the right, privilege and
authority to construct, reconstruct,
operate, maintain, and remove
lines for the transmission of elec-
tric energy, including necessary
poles, wires, towers, and other
fixtures, along a center line de•
scribed as follows:
Beginning at a point in Lot 593,
Ham's Addition to the City of Du•
buque, Iowa, said point being 150
feet northwesterly from the west
line of Prescott Street and also
approximately on the center of
Whittier Street extended; thence
southeasterly for a distance of 150
feet to the westerly line of Pres-
cott Street along the center line
of Whittier Street extended;
thence along or near the center
line of Whittier Street and t h e
center line of Whittier Street ex-
tended to the center of the park-
ing strip on Kerper Boulevard;
thence south 32°9' west fora dis-
tance of 1957.88 feet, thence south
34°9' west for a distance of 486
feet, thence south 14°8' east for
a distance of 484.17 feet, thence
south 12°8' east for a distance of
1932 feet, thence south 10°42' east
for a distance of 397 feet, thence
south 29°57~Z' west far a distance
of 2,565 feet, more or less, to
the Interstate Power Company
Power Plant site,
together with the right, privi-
lege and authority to trim or cut
down any trees within 75 feet of
each side of said center line,
which may interfere with the con-
struction, operation, maintenance
and removal thereof; and also the
right to enter upon the above de-
scribed premises at any and all
times for the purposes above set
forth; provided, however, t b a t
such authority is limited to those
lands owned by the City of Du-
buque at the time of the granting
of this easement,
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized to execute a transmis-
sion line easement pursuant to
Section 1 hereof and deliver the
same to the Interstate Power
Company;
Section 3. That the agreement
entered into between the Dock
Board and the Interstate Power
Company, be and the same is here-
by approved;
Section 4. 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, adopted and approved
this 4th day of August, 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved
the adoption of the resolution.
Seconded by Councilman Takbs.
Carried by the following vote:
Yeas-Mayor Welu,. Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
CITY OF DUBUQUE, IOWA
SCHEDULE OF ASSESSMENTS
RESOLUTION N0. 171.58
Resolved by the City Council of
the City of Dubuque, Iowa: that
to pay for sidewalk construction
adjacent to Lot 46 Original Town-
site of Dubuque along 10th Street,
by Albert Becker & Son, contrac•
~I
364 Regular Session, August 4,1958
for in front of and adjoining the
same, a special tax be and is here-
by levied on the several lots, and
parts of lots, and parcels of real
estate all as named, situated and
owned, and for the several amounts
set opposite each lot or parcel
of real estate, as set forth in the
foregoing schedule:
OWNER
Desmond L. Sullivan, Und. '/a )
James B. Sullivan, Und. '/a )
Angela H. Schlimgen, Und, '/a )
John D. Sullivan, Und. ~/a )
LOT ASSESSMENT
City Lot 46 in the Orig-
inal Townsite of the Town
(Now City of Dubuque,
Iowa) .................................... $371.02
All of which is assessed in pro-
portion to the special benefits con-
ferred.
Passed, adopted and approved
this 4th day of August, 1958.
CLARINCE P. WELU
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CHARLES A. KIIVTZINGER
PETER 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.
June 26, 1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith submitted for your
consideration is Final Plat of Plaza
Court Subdivision. This subdivision
is an extension of Curtis Street
to the west of Booth Street.
This plat has been approved by
the Planning and Zoning Commis-
sion.
Respectfully submitted,
DUBUQUE PLANNING &
ZONING COMMISSION.
Owen Riley,
Acting-Secretary
Councilman Kintzinger moved
that the communication of the
Planning & Zoning Commission be
received and filed. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
RESOLUTION N0. 172.58
RESOLUTION APPROVING THE
PLAT OF "PLAZA COURT."
Whereas there has been filed
with the City Clerk a plat in which
Lot 2 of Lot 2 of Lot 1 of
Mineral Lot 150;
Lot 1 of Lot 1 of Lot 1 of Lot i
of Lot 1 of Lot 1 of Lot 16 of
McClain's Subdivision;
Lot 1 of Lot 2 of Lot 2 of Lot
16B of McClain's Subdivision;
Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 13 of
Wallis Heights,
all in the City of Dubuque, Du-
buque County, Iowa,
are platted as,
Lots 1 to 7, inclusive, of "Plaza
Court" in the City of Dubuque,
Dubuque County, Iowa, by Mettel
Realty & Investment Co., as
owners thereof; and
Whereas upon said plat appear
a street and easements which the
owners upon said plat have dedi•
Gated 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, and that the grades
have not been established or the
streets graded, or the surfacing or
necessary utilities installed;
NOW rtui;tcEFORE, BE IT RE-
SOLVED BY THE CITY COUNCII,
OF THE CITY OF DUBUQUE:
Section 1. That the dedication of
Curtis Street, together with t h e
easements for public utilities, as
the same appear upon said plat,
be and the same are hereby ac-
cepted;
Section 2. That the plat of the
subdivision of
Lot 2 of Lot 2 of Lot 1 of
Mineral Lot 150;
Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 16 of
McClain's Subdivision;
Lot 1 of Lot 2 of Lot 2 of Lot
16B of McClain's Subdivision;
Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 13 of
Wallis Heights,
Regular Session, August 4, 1958 365
all in the City of Dubuque, Du-
buque County, Iowa,
which will be hereafter known
as "Plaza Court" in the City of
Dubuque, Dubuque County, Iowa,
be and the same is hereby ap•
proved and the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval
of the City of Dubuque upon said
plat; providing the owners of said
property, hereinbefore named,
execute their written acceptance,
hereto attached, agreeing:
(a) To reduce Curtis Street to
grade, as shown by the profiles
submitted with the plat;
(b) To surface Curtis Street, in•
eluding the turnaround, as t h e
same appears on said plat, for a
width of thirty feet (30') from curb
face to curb face, with 8 inch
rolled stone base and 2~Z inch hot
mixed, hot laid bituminous con•
Crete surfacing, with concrete
curb and gutter as shown in City
of Dubuque Standard Curb and
Gutter Section;
(c) To construct the center of
the turnaround in the manner
shown by the plans submitted with
the plat and erect therein an orna-
mental light standard, with under-
ground power cable thereto from
a source of electric power outside
of the platted street;
(d) To install water mains in
accordance with plans submitted
with the plat;
(e) To install sanitary sewers in
accordance with plans submitted
with the plat;
(f) To install sanitary sewer and
water house laterals for each lot
from the main to behind the curb
line;
(g) To seal coat Curtis street
upon the completion of the sur-
facing;
(h) To construct the foregoing
improvements in accordance with
plans and specifications approved
by the City Manager, under the
inspection of the City Engineer
and in a manner approved by the
City Manager;
(i) To maintain the street im-
provements for a period of four
(4) years from the date of their
acceptance and to maintain the
sanitary sewer for a period of two
(2) years from the date of its
acceptance;
(j) To provide the foregoing con-
struction and maintenance at the
expense of the owners;
(k) To construct said improve-
ments prior to November 1, 1959;
and further provided that Mettel
Realty & Investment Co., as own-
ers of said Subdivision, secure the
performance of the foregoing con•
ditions by providing security in
such sum, and with such sureties
as may be acceptable to the City
Manager;
Section 3. That in the event
Mettel Realty & Investment Co.
shall fail to execute the accept-
ance and provide the security pro-
vided in Section 2 hereof, within
forty-five (45) days from the date
of this Resolution, the provisions
hereof shall be null and void and
the acceptance of the dedications
and the approval of the Plat shall
not be effective.
Passed, adopted and approved
by unanimous roll call vote this
4th day of August, A. D. 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J, TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
To Leo F. Frommelt, City Clerk:
This is to certify that the se-
curity required by the foregoing
Resolution No. 172-58, has been
provided by the owners.
Dated at Dubuque, Iowa, this
14th day of August, 1958.
KENNETH J. CULLEN
City Manager Pro Tem
Mayor Welu moved the adop-
tion of the resolution. Seconded
by Councilman Kintzinger. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
ACCEPTANCE OF
RESOLUTION N0. 172.58
Mettel Realty & Investment Co.,
having read the terms and condi-
tions of the foregoing Resolution
No. 172-58, and being familiar with
the contents thereof, hereby ac-
cept the same and 0~'ge to per•
366 Regular Session, August 4,1958
form the conditions required of
them therein.
MErrr.-. REALTY &
INVESTMENT CO.
C. E. Mettel,
President
A. J. Mihm,
Secretary
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,
specifications, form of contract
and cost of improvements for the
construction of an 8" sanitary
sewer in Alta Place from a point
125 feet north of the north prop-
erty line of Delaware street to
the existing sanitary sewer in
Green Street, presented and read.
Mayor Welu moved that the proof
of publication be received and
filed. Seconded by Councilman
Takos. Carried 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 IMPROVEMENTS
RESOLUTION N0. 173.58
WHEREAS, proposed plans and
specifications and form of eon•
tract for the construction of an
eight (8) inch sanitary sewer in
Alta Place from a point 125 feet
north of the North Property Line
of Delaware Street to the existing
sanitary sewer in Green 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 pub-
lic contracts and bonds, and the
time and place fixed for the heaz-
ing of all objections to said plans,
specifications or contract for or
cost of such improvements, said
time being this 4th day of August,
1958; and
Wnr;nEAS, the City Council met
in regular session this 4th dap of
August, 1958, at 7:30 o'clock P.M.
et the Council Chambers in the
City Hall for the purpose of hear-
ing all interested parties and con-
sidering any and all objections
which havg beeA #iled to the pro
posed plans, specifications or con•
tract for or cost of the improve-
ment herein described and pro•
posed to be made; and
WIiEREAS, all interested paz•
ties have been given an oppor-
tunity to be heard and all objec-
tions which have been duly
weighed and considered; now,
therefore
BE IT RESOLVID by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de•
scribed and proposed to be made,
be and the same hereby over-
ruled and such plans, specifica-
tions and form of contract hereto-
fore approved are hereby adopted,
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications a n d
form of cost said unprovement be
made a matter of permanent rec-
ord in connection with said im-
provement.
Passed, adopted and approved
this 4th day of August, 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.
(Necessity for Improvement)
RESOLUTION N0.145.58
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, The boundaries of the district
if any.
2. The size and kind of sewers.
Regular Session, August x,1958 387
3. Each lot proposed to be as- The above resolution was intro-
sessed together with a valuation dueed, approved and ordered plac-
fixed by the council. ed on file with the Clty Clerk this
7th da f Jul 1968
4. An estimate of the cost of
the proposed improvement, stating
the same for each different type of
construction and kind of material
to be used.
5. In each case the amount there-
of which is estimated to be assessed
against each lot, for the construc-
tion of an eight (8) inch sanitary
sewer in Alta Place #rom a point
125 feet north of the north proper-
ty line of Delaware street to the
ex[sting sanitary sewer in Green
Street.
Y o Y,
BE 1T THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper-
ty owners, deems it 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•
slderation of this proposed resolu•
tion have on #ile with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
alt objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared 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 mak-
ing said improvement will be as-
sessed upon and against all private-
ly owned property lying within as-
sessable distance provided by law
and in an amount not to exceed the
amount provided by law, property
will be assessed whether the same
abuts tharon or is adjacent thereto
according to area and in proportion
to the special benefits eon#erred
thereby, and any deficiency shall
be paid out of the sewer funds.
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.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
proposed, by the City Council this
4th day of August, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved the
Final Adoption of the resolution.
Secaaded by Mayor Welu. Carried
by the following vote:
Yeas-•--Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
(Ordering Construction)
RESOLUTION N0.174.58
BE 1T RESOLVFU BY THE CITY
GOUNGIL OF THE CITY OF DU-
BUQUE that pursuant to a reso-
lution of necessity No. 145.58 which
was duly passed by this Council, for
the construction of an eight (8)
inch sanitary sewer in Alta Place
from a point 125 feet north of the
north property line of Delaware
Street to the existing sanitary sew-
er in Green Street.
be and the same are hereby ord-
ered and constructed by this Coun•
cil upon its own motion and with
the petition of property owners. All
the work shall be constructed in ac-
cordance with the plans and specifi-
cations heretofore adopted and
now on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property lying
within the assessable distance from
the improvements, whether such
proptrey abut upon the same or are
adjacent thereto, according to the
area thereof and in proportion to
the special benefits conferred, and
,say deficiency will be paid out of
the sewer funds of the city, or
388 Regular Session, August 4,1958
partly from each of such funds.
Payment will be made to the con-
tractor out of funds realized from
the sale of bonds to be issued in
anticipation of deferred payments
of assessments as provided by law
after the work has been completed
and accepted by the City Council.
BE 1T FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advetrise 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 10 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 4th day August, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A.FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilmen Schueller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
August 4,1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Windsor Avenue Sanitary
Relief Sewer has been completed
by the Saffron Construction Com•
pang in accordance with the plans
and specifications.
I recommend that the improve-
ment be accepted.
Respectfully submitted,
L. J. SCHII.TZ,
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.
(A Resolution Accepting
Improvement)
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 175.58
WHEREAS, the contract for the
construction of a 12" sanitary re-
lief sewer in East 24th Street,
first alley west of Windsor Avenue
from East 24th Street to Edwards
Street and Windsor Avenue from
Edwards Street to Merz Street has
been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
BE 1T RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE 1T FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Sanitation
Fund.
Passed, adopted and approved
this 4th day of August, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KBVTZINGER
PETER J. TAKOS
Councllmen
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.
August 4, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The construction of the boule•
vard street lights on Cambridge
Regular Session, August 4,1958 369
Court, Devon Drive and Princeton
Place have been completed in ac-
cordance with the plans and spec~
fiications by the Dirksen Electric
Company.
I recommend that the improve-
ment be accepted.
Respectfully submitted,
L. J. SCHLITZ,
City Manager
Councilmen Takos moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.176.58
WHEREAS, the contract for the
construction of boulevard street
lights and appurtenances on Cam-
bridge Court for its entire extent;
on Devon Drive from a point 74'
south of the north line of Lot 1
of 1 of 1 of 1 of 1 of 1 of Clarence
Polfer's Place to its northerly
terminus; and on Princeton Place
from Devon to a line connecting
the north line of Lot 2 of Lot 3 of
Block 8 of Steger Heights with the
north line of Lot 15 of Block 9 of
Steger Heights has been completed
and the City Engineer has sub-
mitted his final estimate showing
the cost thereof including the cost
of estimates, notices, inspection,
and preparing the assessment and
plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$4,627.56.
That $4,627.56 of the cost there-
of shall be assessable upon private
property and none shall be paid
from the none Fund of the City of
Dubuque.
Passed, adopted and approved
this 4th day of August, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A.FREUND
LEO N.SCHUELLER
CHARLES A. KINTZINGER
PETER 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.
(A Resolution Accepting Improve-
ment and Directing the Clerk Fo
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION NO.177.58
wn~REAS, the contract for the
construction of boulevard street
lights and appurtenances on Cam-
bridge Court for its entire extent;
on Devon Drive from a point 74'
south of the north line of Lot 1 of 1
of 1 of 1 of 1 of 1 of Clarence Pol-
fer's Place to its northerly termin-
us; and on Princeton Place from
Devon Drive to a line connecting
the north line of Lot 2 of Lot 3 of
Block 8 of Steger Heights with the
north line of Lot 15 of Block 9 of
Steger Heights has been completed
and the City Manager has exam-
ined the work and filed his certifi-
cate stating that the same has been
completed according to the terms
of the contract, plans and specifi-
cations and recommends its accept-
ance, now therefore,
BE Tl' RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted and the City
Engineer be and is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subpect to assessment for
said improvement and file the same
in the office of the City Clerk sub-
ject to public inspection and Bald
Clerk shall upon receipt of such
plat and schedule publish the notice
of the Council's intention to levy
special assessments therefor, as re-
quired by law.
BE Tl FURrrt~x RESOLVED,
that the City Treasurer be and he is
hereby directed to pay to the con-
tractor from the funds to be real-
ized from the sale of bonds issued
upon the above described improve-
ment in amount equal to the
amount of his contract, less any
retained percentage provided €or
. therein.
i
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'i
Ali
370 Regular Session, August 4,1958
Passed, adopted and approved
this 4th day of August, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KRVTZINGER
P~rxx J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Mayor Welu moved the adoption
of the resolution. Seconded by
Councilman Kintzinger. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
RESOLUTION N0. 176.58
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW,
rnr;xEFORE,
BE IT RESOLVID 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.
CLASS "B" PERMIT
Name Address
Albert J. Ney, 1842 Central Aw
enue
Mrs. Josephine Nicks, 103 East
22nd Street
Justin L. Johanningmeier, 1879-
1881 Central Avenue
John L. and Viola Savary, 827
Dodge Street
CLASS "C" PERMIT
Harold 0. Specht, 3003 Asbury
Street
James Waul, 2850 Burlington
Street
Passed, adopted and approved
this 4th day of August, 1958,
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Freund moved the
adoption of the resolution. Second-
ed by Councilman Takos, Carried
by the following vote:
Yeas-Mayor Welu, Councihnen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
RESOLUTION N0.119.58
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
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 1T RESOLVED by the City
Council of the City of Dubuque
that the Manager be and he is
directed to issue to the following
named applicants a Beer permit.
CLASS "B" PERMIT
Name Address
Albert J. Ney, 1842 Central Av-
enue
Mrs. Josephine Nicks, 103 East
22nd Street
Justin L. Johanningmeier, 1879-
1881 Central Avenue
Jahn L, and Viola Savary, 827
Dodge Street
CLASS "C" PERMIT
Harold 0. Specht, 3003 Asbury
Street
James Waul, 2850 Burlington
Street
BE IT FURrnr;x RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 5th day of August, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKOS
Councibmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Takos moved the ad-
option of the resolution. Seconded
by Councilman Kintzinger. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
There being no further busi-
ness Councilman Schueller moved
Regular Session, August 4,1958
to adjourn. Seconded by Mayor
Welu. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, I{intzinger, Schueller,
Takos.
Nays-None.
LEO F. FROMMELT,
City Clerk
Approved ................................1958.
Adopted ................................1956.
Councilmen • ......................................
Attest :............................................
City Clerk
A~
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