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1959 March Council ProceedingsRegular Session, March 2, 1959 117 ~' ~~ I' f I' t i ~~ ~_ I ~r ,, CITI(C01lN~IL (OFFIUAL) Regular Session, March 2, 1959. C~caancil met at ?:30 P.M. Present -Mayor Kintzinger, Counalmen Schueller, Takos, Welu. City Manager Schiltz. Absent-Councilman Freund. Mayor Kintzinger read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Communication of lows State Department of health granting permit No. 59.20-5 for the con- str+rction of 2,308.4' of eight inch sewer in Scenic View Heights No. 2 subdivision, presented and read. Councilman Welu moved that the communication be received and filed. Seconded by Councilman 'Pa'tios. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund, Communication of Stampfer's suggesting to bhe Council that the requested improvements at the 4th Street Ball Park be given favorable consideration, presened and read. Mayor Kintzinger moved that the communication be received and kept for future .reference and be referred to the Recreation Com- mission. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen .Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Communication of Kretschmer Treflway Co. requesting support of the baseball park improvement program, presented and read. Councilman Takos moved that the communication 'be received and kept for future reference and be referred to the Recreation Com- mission. Seconded by Councilman 'pVelu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Proof of Publication, certified to bq the Publisher, of Statement of Receipts and a list of claims and payrolls for which warrants were issued for the month of January 1959, presented and read. Council- man Schueller moved that the proof of Publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- ciln~ea Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Communication of Carl J. Noel of 633 Kane Street, asking for the correction of the unhealthy condition created at the intersec- tion of Kane Street and Spring- green Court due to the heavy ac- cumulation of mud and dust after a heavy rain or flow of water due to the melting of snow and ice, presented and read. Councilman Schueller moved that the rules be suspended to allow anyone present address the Council if they so desire. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- almen Schueller, Takos, Welu. Nays-None. Absent~Councilman Freund. Mrs. Robert J. McCabe addressed .the Council in support of Mr. Noel's communication. Councilman Welu moved that Mr. Noel's com- munication be received and held until the general improvements of Kaufmann avenue are taken care of. Seconded by Councilman Takos. .Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. :Communication of Councilman Freund suggesting that all or as many known caves in the area be sealed to protect our youngsters and that special recognition be given to the officers of the police force who participated in the res- cue of two youngsters lost in a cave last week and that consideration should be given to the presentation of valor awards for valorous deeds .performed by members of both the police and fire departments in the line of duty, presented and read. Councilman Takos moved that the communication be referred to the City Manager and .appropriate 118 regular Session, Mara 2, 1959 departments to make an investiga- tion as to the closing and sealing of all un-used and dangerous openings in and around the City and report back to the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. March 2, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; For the last several years there have been numerous complaints concerning the conges- tion and delay encountered on Al- pine Street between West 5th and University. Recently another study has been made of the facts to determine what steps could be taken to solve the problem. There is only available one lane of the street open for vehicular traffic which requires a motorist to pull in and park in order to al- low another to pass in the opposite direction. This street is used as a bus route and is a connecting street betwen Dodge and University Av- enue. The residents on the east side have no alley access or garage facilities while about 90% of those on the west side have these facili- ties. Continued parking on both sides of this street offer an advantage to the few residents who fail to use off street parking areas to the disadvantages, delay and hazard of all others who use the street. It is recommended that parking be eliminated on the west side of Alpin Street between University Avenue and West 5th Street to accomodate parking and two way traffic until the street could be widened. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Councilman Welu moved that the City Manager and Traffic Depart• ment be instructed to check the pedestrian traffic situation at Sen• for High School, as the result of numerous complaints of students walking back and forth across the street, thereby retarding the nor• mal flow of vehicular traffic. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. March 2, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, subject to the approval of the City Solicitor; EXCAVATION Emerson Excavating Company, Pol- icy No. ML 132323 U. S. Fidelity and Guaranty Co. SIDEWALK John Luber, Bond No. 2821413 499 53 U, S. Fidelity and Guaranty Ca Joseph A. Becker, d/b/a Albert Becker & Sons, Bond No. 251072 General Ins. Co. of America HEATING Robert Jacquinot, d/b/a A-1 Plumb- ing & Heating, Merchants Mutual Bonding Co. COLLECTION AGENCY Fred Sievers, Bond No. 12.598-025 American Surety Company Alfred C. Schuster, Bond No. 12- 598.026, American Surety Com- pany Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that filing of the bonds and policies be approved subject to the approval of the City Solicitor. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. i k ,~ Regular Session, March 2, 1959 119 February 23, 1959 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The petition of Har- old J. Morgan and others request- ing the installation of a sewer from the 500 to the 2100 block of Kauf- man prior to paving was referred to the Council to view the grounds. Upon viewing the grounds, it was the decison of the Council an en- gineering survey and report be prepared covering the installation of sewers in Kaufmann Avenue or the detention of water in reservoirs adjacent to Kaufmann Avenue prior to the paving of the street. It is recommended that the de- cision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. February 23, 1959 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The petition of Don• old Kubitz of 2615 VanBuren Street objecting to the placing of a man- hole in his yard was referred to the City council to view the grounds. Upon viewing the grounds it was the decision of the Council that Mr. Kubitz was adequately compensated for any damage received. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of the City Man- ager be approved, Seconded by Counclman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund, February 23,1959 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen; I am attaching here- with the audit of O'Connor, Brooks, Ahrendt and Brooks for the City Water Department for the year 1958. This audit has been made in weeping with the requirements for the bond issues of the Water De• partment in 1955 and 1956. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the audit be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu: Nays-None. Absent-Councilman Freund. March 2, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City of Dubuque Sewage Works Improvement, Con- tract No. 1, Terminal Street Lift Station, under construction by the Conlon Construction Company has been completed in accordance with the plans and specifications. The total cost of the contract is $250; 801.70 as compared to the bid price of $251,778.17. I therefore, recommend that Con- tract No. 1 Terminal Street Lift Station, be accepted and that pay- ment for this project be completed in accordance with the contract and agreements. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Wlu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. February 24, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: At your direction, I investigated the claim of Bethany Home for the Aged for damags 120 Regular Session, March 2, 1959 resulting from a clogged sanitary sewer and can find no negligence on the part of the City and recom- mend the claim be denied. Respectfully, T. H. NII,SON Councilman Welu moved that the recommendation of the City Solici- tor be approved. Seconded by Coun• c1lman Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. February 24, 1959 Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: At your direction, I investigated the claims of Edmund Callahan and Don E. Noggle, for damages claimed to have resulted from an icy condition on Loris Boulevard. On investigation I find that the water flowed onto the street from an overflow pipe of a backed-up storm sewer. The sewer does not appear to have become clogged through any negligence of the City. I therefore recommend that both claims be denied. Rspectfully, T. H. NELSON Councilman Welu moved that the recommendation of the City Solici• for be approved. Seconded by Mayor Kintzinger. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. March 2, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Mrs. Clara Denio, 2654 Broadway, in the amount of $250 for injuries sustained in a fall in front of No. 39 West Eighth Street, January 8th, and find that the de- fect existed as claimed. I have discussed the matter with Mrs. Denio and she has agreed to accept the sum of $60.00 in full settlement of her claim. I recommend that this settlement be approved and the Auditor in- structed to issue a warrant in the amount of $.60 and payable to Clara Denio, and deliver the same to her upon receipt of a properly executed release. Respectfully submitted, T. H. NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Original notice of claim from the District Court in the case of Ida E. Klein, Plaintiff, vs. City of Dubuque, Defendant, in the amount of $15,000 for personal injuries re• calved in a tall on a sidewalk on November 28, 1958, presented and read. Councilman Welu moved that the notice be referred to the City So- licitor for investigation and report. Seconded by Councilman 5chuelIer. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Notice of claim of Joan Saal of 24&5 West Street, in an un-named amount, for personal injuries re- ceived in a fall at 13th and Central on the steps of the City Hall on January 23, 1959, presented and read. Councilman Welu moved that the claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Original notice of suit and peti- tion from the District Court in the case of Marcella Rettenmeier, Plaintiff vs. City of Dubuque, De- fendant, in the amount of $18,000, for personal injuries received in a fall on a defective sidewalk on De- cember 11, 1958, presented and read. Councilman Welu moved that the notice be referred to the City So- licitor for investigation and report. Seconded by Councilman Takos, Carried by the following vote: ~~ 1~' .i ei~j Regular Session,. March 2b 1959 lEl Yeas-Mayor Kintzinger, Coun- tilmen SehueBer, Takos, Welu. Nays-N~arre. Absent-Councilman Freund. Notice of claim of Mrs. Frances Hutchins of 50 Devon Drive, in an un-named amount, for personal in- jstries received in a fall. at the wr- ner of Devon & Cambridge Court on January 4, 1958,. presented and read. Councilman Welu moved that the claim be referred to the City Solici- tor €or inrvestigation and report. Seconded by Councilman Takos• Carried by the following vote:. Yeas-Aesayor Kintzinger, Coun• cilmen Schueller, Takos, Welu, Nays-l~lone. Absent-Councilmen Freund. Notice of claim of Walter Hel• >oing of 254 W. 17th Street, in an nn-named zrllount, far personal ie- juries received in a fall on East 18th street on February 19, 1959, presented and read. Councilman Wela maned that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Proof of Publication, certified to by the Publisher, of notice of heaz- ing on Ordinance No, (r59, an Or- dinance vacating and co~eying the City's interest in an alley ly- ing along the east side of Lots 1, 2 and 3 of Union Place, 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. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. ORDINANCE NO. 6.59 An Ordinance Vacating a herein described alley and providing for the Conveyance of the City's in- terest therein, having been passed on first reading on March 2, 1959 and ordered placed on file with flee- City ,Clerk far public inspec- tion pendimg public. heazing, pre• sented for Fialal Adoption. ORDINANCE NO. 6•S9 An Ordfiaace VacatMg a herein deacrued Attey and providf~ far flee Co»veyance of a City s in• tercet therein. Whereas, npoa the plat of Uffion Place, as retarded in Book Q. pages 934 and 536 and Book of plats page 189 h the records of flee Ctrus#.y Ra• corder of Dubuque County, Iowa, there appears an alley lying along the east aide of Lots 1, 2 and 3 of the said Union Place; and Whereas, at the time of platting Union Place the same did not lilac with- la the Ci6y 1tmHs of the City of Du- buque; and Whereas, said alley has Hover been opened or imp~eved or used by the public; and Whereas the saes occupied by said s~o tth t tluysame appeara~as Fa~stof affif Nee witld-a the foIbwing 1018 fn the City of Dubu~ue• Lot 1, Lot 1 of Lot 2, and' Lot t of ~ of y I~ot m S' ~ poste ZP3eefe; ~hIand Farm; and Whereas, the owners of satd lots have petitioned the City ComacD to vacate said ai6ey; and Whereas, the Planning and Zoning Chmmdssion has recommwded the va• cation of said alley; and Whereas, the City Ceunen, at a pub ]ic hearing held fHarch 2, 1968, ppur- suant to notice published in the Tele- Febiaary nl,~ 1859brhas ydetermined that it is in the bas{ public interest that said oneyy De vacated and the interest of the Cit of Dubuque therein coa• ve ed to the owners of said lots• blow TBESaroas, sE rr RESOI,vED BY THB CITY COUNCIL OF THE CrPY OF DUBUQUE, IOWA: Section 1, That the alley ixi~ along the east side of Lots 1, 2 _ and 3 of Union Place in the CUy of Dubuque, Dubuque County, Iowa, as the same aD• pears u on the plat of Union Place recorded in Book Q, pages 534 snd 535 and Book of Plats page lE9 !n the records of the Conn Recorder of Du• buque County, Iowa, be and the same is hereby vacated; Section 2. That the Mayor and City Clerk be and they are hereby author ized to execute and delivegr Quit Claim mtere'st of t~tpg of Dubuquetia the following lots in the City of Dubuqgue, lows to the fdlawing owners to•wtt: Lot 1 of St. Rose Place to l~caninlcsm College of St. Rose of Lima; Lot 1 of Lot 2 of St. Rose Place to Archdiocese of Dubuque; Lot 2 of Lot 2 of St. Rose Place t0 Archdiocese of Dubuque; Lot 1 of Lot 1 of Lot 2 of H3 bland Farm to Mount Saint Bernard Sem• mazy; Section 3. That the City Clerk is hereby directed to record a certified copy of this Ordinance io the office of the County Recorder of Dubuque Conn• ty, Iowa. passed, adopted and approved this 2nd day of March, A.D., 1959. CHARLES A. KIAITZINGERMayor LEO N. SCHIIELLER CLARENCE P. WELD PETER J. TAKOS Coundlmen Attest: LEO F. F1tOMMEI.T, City Clerk. 122 Regular Session, March 2, 1959 Published officially in the Telegraph- Herald Newspaper this 6th day of March 1959. LEO F. FROMMELT lt. 3/6 City Clerk. Councilman Schueller moved the final adoption of the Ordinance. Seconded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. ORDINANCE N0. 6-59 An Ordinance Amending Ordi- nance No. 33-49, known as the Traffic Code of the City of Du- buque, by adding a new Section d-7 to Schedule HI thereof, and a new Section 1-g to Schedule N thereof, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None. Absent--Councilman Freund. ORDINANCE N0. 8.59 An Ordinance Amending Ordinance No. 33-49, known as the Trafnc Code of the City of Dubuque, by adding a new Section d•7 to Schedule HI there- of, and a new Sectton 1•g to Schedule IV thereof. BE IT ORDAINED BY THE CrrY COUNCH. OF THE CTTY OF DUBUQUE: Section 1. That Schedule HI of rdi• nonce No. 33.99 known as the Traffic Cade of the City of Dubuque, be and the same is herebyy amended by adding a new Section D•7 thereto as follows: "D-7 Glen Oak and Vernon." Sectton 2, That Schedule N of Or• dinance Na. 33A9, known as the Traf• fic Code of the City of Dubuqque be and the same Is hereby amended by adding a new section 1•g thereto as follows: 1•g The east aide of Main Street from Jones Street north to a point 360 feet south of the south line of West First Street " Section 3. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by ]aw provided. Introduced the 2nd day of Merch, f959. Rule requiring reading on three sepa- rate days suspended by unanimous vote the 2nd day pf MarCh 1959, Passed by recorded roll call vote, adopted and approved this 2nd day of March, 1959. CHARLES A. KINTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph• Herald newspaper this 6th day of March 1959. f,EO F. FROMMELT City Clerk lt, 3/0 Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None, Absent-Councilman Freund. ORDINANCE N0. 9-59 An Ordinance Amending Ordi- nance No. 7-47, by adding Sec- tions 7.3.19 and 7.320 thereto, pre- sented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Welu. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Council- men Schueler, Takos, Welu. Nays-None. Absent-Councilman Freund. ORDINANCE N0. 9.59 An Ordinance Amending Ordinance No. 7.97, byy Adding Sections 7.3.19 and 7.3.20 thereto. BE rr ORDAINED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE: Section 1. That Ordinance No. 7.47 of the City of Dubuque, be and the same is hereby amended by adding to Para- graph 7.3 thereof two new sections to be known as 7.3.19 and 7.3.20 thereto as follows: "7.3.19-the west side of Main Street from West First Street south for a distance of 230 feet~ 7,3.20-the east side of Main Sireet from West First Street south for a distance of 360 feet" Sectton 2. This Ordinance shall be in full farce and effect from and after its final passage, adoption and publi• cation as by law provided. Introduced the 2nd day of March, 1959. Rule requiring reading on three sepa• rate days suspended by unanimous vote the 2nd day of March, 1959. Regular Session, March 2, 1959 123 Passed by recorded roll can vote, adopted and approved this 2nd day of March, 1959. CHARLES A. KINTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in The Telegraph- Herald newspaper this 6th day of March 1959. LEO F. FROMMELT It, 3/6 City Clerk. Councilman Schueller moved the ~~ adoption of the Ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Schueller, Takos, Welu. ~ Nays-None. Absent-Councilman Freund. Communication of Mrs. Harold P. Gottschalk opposing the sale of beer on the premises of Bunker Hill, but if a permit must be granted to restrict the selling of beer to the dining room to be served only with a meal, presented and read. Councilman Takos moved that the communication be referred to i the City Manager with instructions „}q to write a letter to Mrs. Gottschalk explaining the conditions contem- plated at Bunker Hill. Seconded by Mayor Kintzinger. Carried by the following vote: ~ Yeas-Mayor Kintzinger, Council- s men Schueler, Takos, Welu. Nays-None. Absent-Councilman Freund. Communication of Dubuque Min• isterial Association opposing the ~Y granting of a beer permit to Bunk- . er Hill, presented and read. Councilman Takos moved that the communication be referred to the City Manager with instructions to write a letter to the Dubuque Ministerial Association explaining t the conditions contemplated at Bunker Hill. Seconded by Mayor Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Council- ¢~'. men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. February 27, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching an ordinance repealing Ordinance 26• ~r I 55 which states that the location of a building in which the holder of a Class "B" beer permit is located shall be within a zoning district classification of Local Business Dis- trict "B" or lower, This new ordinance keeps this same zoning classification and adds that a Class "B" beer permit can be isued to a person conducting a business on a public park or golf course of over 20 acres in area, Respectfully submitted, L. J. 5CHILTZ, City Manager Councilman Welu moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. ORDINANCE N0. 10-59 An Ordinance Amending Ordi- nance No. 9--35 by Repealing Sec• tion 17A and Enacting a Substitute therefor, and by Repealing Ordi- nance No. 26.55, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu, Nays-None. Absent-Councilman Freund. Councilman Schueler moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu, Nays-None. Absent-Councilman Freund. ORDINANCE N0. 1059 An Ordinance Amending Ordinance No. 9.35 by Repealing Section 17A and Enacting a Substitute therefor, and by Repealing Ordinance No. 20• ~ 5BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1, That Section 17A of Or• dinance No. 9.35 be and the same la hereby repealed and the following en• acted in neu thereof: "Section 17A-The location of the bunding shag be within a Zoning Dis- tract Classified as Local Business Dis• tract `B" or lower Classification, or on a ppublic park or golf Bnks over twenty (20) acres in area." Section 2. This Ordinance shall be in full force and effect from and after 12x4 Regular 'Session, March 2, 1959 a'ts flaai passage, adoption and puba• nation u by law provided. Introduced the Znd day of March, rasa. ;Rule regtdring reading on three sep- arate days suspended by unanimous vode Cte 8nd day oY Hamh, rasa. Passed by recorded roll can vote adopted and approved this 2nd day of 7darch, 28CY. trLA&LES A. KINTZIIVGER 6fayor d~0 N. 9CHUELLIIt CLARF.biCE P. WTLU PETER J. 'TAROS Councnmen Attest: LEO F. FRO3lMELT 'City Clerk PubW~ed ot~fally la the Telegraph~ Herali eewapaper dhia Bth day of March Tai. Q~0 F, FROMMELT City Clerk rt. 98 Coancihnan Schueller moved the adoption of the Ordinance. Seeond- ed bq Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Petition of Justin L. Jchanning• meier requesting a $25 refund on cigarette 1rcerise N.o 201, as he 'has discontinued business on Jan- uary 28, 1859, presented and read. 'Councilman Weln moved that the refund be granted and the Audi- tor instructed to draw a warrant payabte 'te Justin L. Johanning- meier, 9n the amount of $25, to rover the amount ~dae an the ari- expired portion df cigarette li• cease Ne. 201. 'Seconded by Coun- cilman 'Takos. Carried by the fol- lowing vote: 'l'ens--Mayor Ki~atzittger, Coun• cfhnen Schueller, Takos, Welu. Nays-None. Absent-Conncilman Freund. Petition cf Justin L. Johanning- meler requesting a $100 refund on Class B beer license Tao. 78, as he has discontinaed ~bnsiness on Jalllrary '28, 1959, presented and read. Councilman Wehr moved that the refund be granted and the Auditor instructed to draw a warrant payable 'to Justin L. datianriiggmeier, in the amount of ;108, to cover 'the amount -due on 'the unexpired portion of Class B beer 'license No. 78. Seconded by Counellman Takos. Carried by the Ioliawing vote; Yeas-Mayor Kintzinger, Coun• oilmen Schueller, 'Takos, Wetu. hia~-None. i1'bserit=Councilman Freund. >Petition of Al J. Schiltz request- ing access to Tifarquette Place Pram tiffs home on Clinton Avenue by way of the alley on Marquette Ex• tension, presented and read. Mr. Al Schiltz addressed the Council in support of ills petition. Coun• oilman Schueller moved that the Council view the grounds. Second• ed by Councilman Takos. Carried by the fallowirrg note: Yeas-Mayor Rigtzinger, C,oun- cihnen Schueller, Takos, Welu. Nays-None. Absent-Councilman Frearld. Petition of C. Ib Murphy et al objecting to the resurfacing of 4Voodlawa, Karen, Kevindaie and Lindale streets, presented and read. Councilman Welu moved that action on the petition be de- ferred atrtii the time of the public bearing on the proposefl improve- ment. Seconded by Councilman Ta- >~os. Cried by the following vote: Yeas-Mayor Rintziriger, Coun• oilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Petition of W. W. Bockhaus et al objecting to the proposed eol~truc• Lion of .sidewalks on Woodlawn, Kareq Kevindale and Lindale streets, presented and read. Coun• cilmaai Wehi moved that action on the petition be deferred ,until the time of the public hearing on the proposed improvement. Seconded by Councilman Takos. Carried by the following vote: Yeas-Afayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilmaa Freund. .Petition of James C. We1u et al objecting to the proposed construc- tion of sidewalks on Woodlawn street, presented and read. Coan• cihnan Weln moved that action on the petition be deferred until the bime a~f the prlhlic hearing on the proposed improvement. Seconded by Councilman Takos. Carried by 'Che fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Petition of Joseph L. Schubert et al requesting ,a street light is the 2700 block on Beverly avenge, presented and read. Councilman 'Takos moved that the petition be referrefl to the Ctty Manager and Regular Session, March 2, 1959 125 Electrical Inspector far investiga- tion and report. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas--Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Petition of Mrs. Elizabeth Plaog et al objecting to the proposed parking lot at 11th and Bluff Street, presented and read. Coun- cilman Schueller moved that the petition be referred to the City Manager with instructions that a letter be sent to the petitioners in answer to the questions raised in the petition. Seconded by Council- man Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Petition of Veterans of Foreign Wars requesting permission to hold aPoppy -sale on March 13th and 14th, presented and read. Councilman Welu moved that the petition be granted providing there are on conflicting dates. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. January 29, 1959 To the Honorable Mayor and -City Council Dubuque, Iowa Gentlemen: The Final plat of Steichen Subdi- vision located on Roosevelt St, and consisting of six lots has been examined by the Planning & Zon- ing Commission. This plat conforms to the re• gnirements of the Subdivision Or• dinance but there is no public sew- er immediately adjacent. All the lots except Lot 2 could possibly be temporarily served by Septic Tanks. Lot 2 with a house prop- erly located upon same would not leave enough area for a septic tank and drainage field to proper- ly operate. Therefore the Planning & Zon- ing Commission approves the Final Plat of Steichens Sub, with the stipulation that a building permit or septic tank permit should not be issued for Lot 2 until sewer is available. Respectfully submitted, Dubuque Planning & Zoning COmIn1sS1On By Owen Riley, Acting-Secy. Mayor Kintzinger moved ap- proval of the recommendation. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0.33--59 Resolution Approving Plat of Steichen Subdivision in the City of Dubuque, Iowa. Whereas there has been filed with the City Clerk a plat in which Lot 1 of Lot 2 of Lot 5 of Mineral Lot 307a in the City of Dubuque, Iowa is platted as Lot's 1, 2, 3, 4, 5 and 6 "Steichen Subdivision" in the Cityof Dubuque, Iowa and, Whereas said plat has been ex- amined by the City Plan Commis• sion and had its approval endorsed thereon; and, Whereas said plat has been ex• amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby aathorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 2nd day of March A.D., 1959. CHARLES A. KINTZINGER, Mayor LEO N. SCHUELLER, CLARENCE P. WELU, PETER J. TAKOS, Councilmen Attes: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- '., ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. 12t; Tlegular Session, March 2, 1959 RESOLUTION N0.34-59 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Mrs. Louise Pitz, (Effective April 1, 1959) 1900 Washington Street Mrs. Lucille Hough (Effective April 1, 1959) 553 Eighth Avenue. Thomas E. Nacos (Effective April 1, 1959) 7-B Fischer Building Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 2nd day of March, 1959. CHARLES A. KINTZINGER, Mayor LEO N. SCHUELLER, CLARENCE P. WELU, PETER J. TAKOS, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0. 35.59 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Herbert E, and Emil F. Althaus, 1575 Central Avenue Kenneth J. Love, 37 Eighth Ave• nue Mathias A. Schneller, 132 Eighth Avenue Jay M. Riedi, 1543 Central Avenue Donald M. Love, 250 West 6th Street Mrs. Louise Pitz, 1900 Washington Street Alan R. Uppinghouse, 238.240 West 6th Street Mrs. Lucille Haugh, 553 Eighth Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street CLASS "C" PERMIT Ernest W. Pfalzgraf, 1300 Central Avenue Passed, adapted and approved this 2nd day of March, 1959. CHARLES A. KINTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0. 36.59 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Herbert E, and Emil F. Althaus, 1575 Central Avenue Kenneth J. Love, 37 Eighth Avenue Mathias A. Schneller, 132 Eighth Avenue Jay M. Riedi, 1543 Central Avenue Donald M. Love, 250 West 6th Street Mrs. Louise Pitz, 1900 Washington Street Alan R. Uppinghouse, 238.240 West 6th Street Mrs. Lucille Hough, 553 Eighth Avenue Charles Wieser, 543 Eighth Avenue Regular Session, March 2, 1959 127 CLASS "B" PERMIT FOR PRIVATE CLUB Fisher Bowling Lanes Club, 880 Locust Street CLASS "C" PERMIT Ernest W. Pfalzgraf, 1300 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 2nd day of March, 1959. CHARLES A. KINTZINGER Mayor LEO N,SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Communication of Dubuque Air• port Commission submitting a res• olution that if a proposed property tax be levied by the Iowa Legisla- ture that the-tax be reverted back to the Airports for maintenance purposes, presented and read. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0. 37.59 WHEREAS, the Dubuque City Council met in Regular Session this 2 day of March, 1959 at 7:30 P.M, at the City Hall, Dubuque, Iowa to discuss Senate Bill No, 69, and WHEREAS, Senate Bill No. 69 is to be introduced to the Iowa Legis- lature to levy a property tax on the scheduled airline's aircraft op- erating into the State of Iowa, and whereas, a property tax on the scheduled airline's aircraft would discourage the airlines from adding additional air service into Iowa cities; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa to be opposed to Senate Bill No. 69. BE IT FURTHER RESOLVED by the Dubuque City Council that if a property tax be levied on the scheduled airlines serving Du- buque and other Iowa Cities with air service that the funds collect- ed from such tax revert back to the Cities served by the scheduled airlines and not be placed in the States General Fund. Insofar as the State of Iowa has invested no funds for the construction or main- tenance of municipal airports in the State served by scheduled air- lines. Passed, adopted and approved this 2 day of March, 1959. CHARLES A. KINTZINGER Mayor LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0. 38.59 Preliminary approval of the pro• posed plans, specifications, form of contract, and all other docu- ments for the proposed City of Dubuque 1959 Grading Project No. 1, at an estimated cost of $131,959.58, on the following named streets. Section No. 1-Chaney Road from North property line of Asbury Road to the south property line of Kaufmann Avenue. Section No. 2-North Grandview Extension from north prop- erty line of Ungs street to station 58+00. Section No. 3-North Grandview Extension from north prop- erty line of Kaufmann Avenue to the south property line of Kane street. Section No. 4-North Grandview from Station 56+00 to south property line of Kaufmann Avenue, presented and read. 128 Regular Session, March 2, 1959 Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent--Councilman Freund. Necessity for Improvement RESOLUTION NO. 39.59 WHEREAS, proposed plans, 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. The streets to be improved. 2. The width of such improve- ment. 3. An estimtae of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. Proposed City of Dubuque 1959 Grading Project No. 1 Section No. 1-Chaney Road from north property line of Asbury Road to the south property line of Kaufmann Avenue. Section No. 2-North Grandview Extension from north prop- erty line of Ungs Street to Station 56+100. Section No. 3-North Grandview Extension from north prop- erty line of Kaufmann Avenue to the south property line of Kane street. Section No. 4-North Grandview from Station 56+00 to south property line of Kaufmann Avenue. BE 1T THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement. 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 paid from the Street Improvement funds. The above resolution was intro- duced, approved .and ordered placed on file with the City Clerk this 2nd day of March, 1959. Approved and placed on file for final action. Approved: .CHARLES A. KINTZIlVGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the approval of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent Councilman Freund. (Fixing date of hearing) RESOLUTION N0. 40.59 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 38.59 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 Proposed City of Dubuque 1959 Grading Project No. 1 Section No. 1-Chaney Road from north property line of Asbury Road to the south property line of Kaufmann Avenue. Section No. 2-North Grandview Extension from north proper- ty line of Ungs street to Sta• tion 56.00. Section No. 3-North Grand- view Extension from north property line of Kaufmann Avenue to the south property line of Kane street. Section No. 4-North Grand- view from Station 56-00 to south property line of Kauf• mann Avenue, and, WHEREAS, the proposed Reso- lution of Necessity for said im• provement has been introduced and is now on file in the 'City Clerk's office for public inspec• tion, BE IT THEREFORE RESOLVED that on the 30th day of March 1959, a public hearing will be: held i ~~~ v ,~ ,V, i , Regular Session, l~larch 2, 1959 129 at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro• posed plans and specifications and proposed farm of contract to the cost of the improvement, and to the passage of the proposed Reso• lotion 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 pub- lished in some newspaper pub- lished in the City of Dubuque, the last of which shaIl be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this'2nd day of March, 1959. CHARLES A. KIlVTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. March 2, 1959 Ta the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 19 inclusive show- ing aschedule of the proposed val- uations and proposed assessments for the City of Dubuque 1959 Con- crete Curb & Gutter Project No. 1. Submitted March 2, 1959. K. J. Cullen City Engineer Mayor Kintzinger moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays--None. Absent--Councilman Freund. RESOLUTION N0. 41.59 Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa. Section 1. That the attached sheets No. 1 to 19 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1959 Con• crate Curb and Gutter Project No. 1. Adopted this 2nd day of March, 1959. CHARLES A. KIIVTZIlVGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the' resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0, 42.59 Preliminary approval of the pro• posed plans, specifications, form of contract, plat and schedule, in• cludiag valuations appearing there- on, and all other documents for the proposed improvement of City of Dubuque 1959 Concrete Curb and Gutter Frojett No. 1 at an estimated cost of $111,112.70 on the following portions of the fol- lowing named streets; Section I. 1. Illinois Avenue from west property line of Drevel to the south property line of Penn• Sylvania Avenue. 2. Ohio avenue from south prop- erty line of Pennsylvania to north property line of Illi• nois Avenue. 3. Alpha Avenue from south property line of Illinois ave• nue to north property line of VanBuren street. 4. Evergreen street from north property line of Lindale street to south property line of Kauf• mann Avenue. 5. Kaufmann Avenue from east property line of Evergreen to east property line of Theda Drive. 130 Regular Session, March 2, 1959 6, Burlington street from south property line of Primrose to west property line of Musca• tine street. 7. Kane street from north prop- erty line of Kaufmann Avenue to east property line of Prim• rose street. 8. Collins street from south prop- erty line of Lombard street to south property line of St. Jo- seph street. 9. 16th street from east property line of Sycamore street to a point 285 feet east of east prop- erty line of Marsh street. 10. Marquette Street turn around at end of street. 11. Harrison street from south property line of Jones to north property line of Dodge street. 12. Lindale street from east prop- erty line of Woodlawn street to west property line of Carter Road. 13. Alta Place from north prop- erty line of Delaware street to south property line of Green street. 14. Born avenue from south prop- erty line of Indiana avenue to north property line of Ridge• way avenue. 15. McClain street from north property line of Dodge street to point 170.55' north. Section II. 1. Chaney Road from north prop- erty line of Asbury road to south property line of Kauf- mann Avenue. Section III. 1. North Grandview from north property line of Ungs street to south property line of Kane street. presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. (Necessity for Improvement) RESOLUTION N0. 43.59 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 8nd 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 streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 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 there- of which is estimated to be as- sessed against each lot, for the Proposed City of Dubuque 1959 Concrete Curb & Gutter Project No. 1. Section I. 1. Illinois Avenue from west property line of Drexel to the south property line of Penn- sylvania Avenue. 2. Ohio avenue from south prop- erty line of Pennsylvania to north property line of Illinois Avenue. 3. Alpha Avenue from south prop- erty line of Illinois avenue to north property line of Van Buren street. 4. Evergreen street from north property line of Lindale street to south property line of Kauf- mann Avenue. 5. Kaufmann Avenue from east property line of Evergreen to east property line of Theda Drive. 6. Burlington street from south property line of Primrose to west property line of Musca- tine street. 7. Kane street from north prop- erty line of Kaufmann Avenue to east property line of Prim- rose street, 8. Collins street from south prop- erty line of Lombard street to south property line of St. Jo- seph street. 9. 16th street from east property line of Sycamore street to a point 285 feet east of east prop- erty line of Marsh street. 10, Marquette Street turn around at end of street. 11. Harrison Street from south property line of Janes to north property line of Dodge street. Regular Session, March 2, 1959 131 12. Lindale street from east prop- erty line of Woodlawn street , to west property line of Carter Road. ' 13. Alta Place from north prop- erty line of Delaware street 't to south property line of Green street. 14. Born avenue from south prop- ~` erty line of Indiana avenue to north property line of Ridgeway avenue. 15. McClain street from north property line of Dodge street ;t, to point 170.55' north. Section II. `~ 1. Chaney Road from north prop~ '; erty line of Asbury road to ~ south property line of Kauf- ' mann Avenue. Section III. 1. North Grandview from north property line of Ungs street to south property line of Kane street. BE IT THEREFORE RESOLVED r, that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- ^'t provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of ~ `~ the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- , structed and done in accordance 's. 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 cast 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, 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 improve- '' ment funds. Bonds shall be issued and sold in anticipation of de• ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor, The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of March, 1959. Approved and placed on file for final action. Approved: CHARLES A. KINTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the ap- proval of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. (Fixing date of hearing) RESOLUTION N0.4459 WHEREAS, the City Council of ' the City of Dubuque, Iowa, has by Resolution No. 42-59 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 PROPOSED CITY OF DUBUQUE 1959 CONCRETE CURB & GUT- TER PROJECT N0. 1. Section I. 1. Illinois Avenue from west property line of Drexel to the south property line of Penn• sylvania Avenue. 2. Ohio Avenue from south prop- erty line of Pennsylvania to north property line of Illinois Avenue. 3. Alpha Avenue from south property line of Illinois Ave- nue to north property line of VanBuren street. 4. Evergreen street from north property line of Lindale street to south property line of Kauf• mann Avenue. 5. Kaufmann Avenue from east property line of Evergreen to east property line of Theda Drive. 132 Regular Session, Marche 2, 1959 6: Burlington Street from south property line of Primrose to west property line of Musca- tine street. 7.' Kane Street from north prop- erty line of Kaufmann Avenue to east property line of Prim• rose street. 8. Collins street from south prop- erty line of Lombard street to south property line of St. Jo• seph street. 9. 16th street from east property line of Sycamore street to a point 285-feet east of east prop- erty.line of Marsh street. 10. Marquette. Street turn. around, at end of street. il. Harrison Street from south property .line of Jones to north' property line of Dodge street.. 12. Lindale street. from east prop- etty line of Woodlawn street to west property line of Carter Road. 13_ Alta Place from north property line of Delaware street to south property line of Green street: 14. Born avenue from south prop- erty line of Indiana avenue to north property line of Ridge• way avenue. 15. McClain street from north property line of Dodge street to point 170.55' north. Section II. 1: Chaney Road from north prop- erty line of Asbury road to south property line of Kauf• moan Avenue.. Section III.. 1. North Grandview from north property line of Ungs street to south property line of Kane street. and, WIiEREA5, the proposed Resolu• tiom of Necessity for said improve meat has. been introduced and is now on file in the City Clerk's office for. public inspection,. BE 1T THEREFORE RESOLVED that on the 30th day of March 1959, a public hearing will be held at 7,30 o'elock P.M, in the Council Chamber in the City of Dubuque at•'which'hime-the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pra• posed plans and specifications and proposed form of contraet 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 auy lot and to the passage of the proposde Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Du• buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said res- olution have on file with the Clerk objections to the. amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of March, 1959. CHARLES A. KINTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec• onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. March 2, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 18 inclusive show- ing a schedule of the proposed valuations and proposed assess meats for the City of Dubuque 1959 Bituminous Concrete Surfac• ing Project No. 1. Submitted March 2, 1959. K. J. CULLEN City Engineer Mayor Kintzinger moved that `the communication be received and filed. Seconded by Council- man Schueller. Carried by the fol• lowing vote: !y, I:;',; i; s M'. ,~ ,r ~i Regular Session, March 2, 1959 133 Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0. 45.59 Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa. Section 1. That the attached sheets No. 1 to 18 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1959 Bituminous Con• Crete Surfacing Project No. 1, and the valuations set out therein are hereby approved. Adopted this 2nd day of March 1959. CHARLES A. KINTZINGER Mayor LEO N. SCIIUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0. 46.59 Preliminary approval of the pro• posed plans, specifications, form of contract, plat and schedule, in• eluding valuations appearing there- on, and all other documents for the proposed City of Dubuque 1959 Bituminous Concrete Paving Proj- ect No. 1, at an estimated cost of $123,178.67 on the following por• tions of the following named streets; 1. Kaufmann Avenue from the west property line of Carter Road to the east property line of Theda Drive. 2. Evergreen Street from the north property line of Lindale street to the south property line of Kaufmann Avenue. 3. Woodlawn from the north property line of Asbury Road to the north end of street. 4. Lindale street from the west property line of Carter Road to the east property line of Evergreen Street. 5. Karen Road from the west property line of Carter Road to the east property line of Evergreen street, 6. Kevindale street from the north property line of Karen Road to the south property line of Lindale street. 7. Carter Road from the north property line of Kaufmann ave• nue to the north property line of Kane street. 8. Kane street from the east prop- erty line of Lot 2-1 Willy Place to the east property line of Lot 1.1.1 of Olds Place. 9. Kane street from the east property line of Carter Road to the east property line Lot 2, Block 4, Scenic View Heights. 10. Kane street from the north property line of Kaufmann Avenue to the east property line of Primrose street. 11. Burlington street from the south property line of Prim- rose street to the west prop- erty line of Muscatine street. 12. Solon street from the east property line of Booth street to the west property line of Nevada street. 13. Adeline street from Ramona to end of street 14. McClain street from north property line of Dodge street to a point 170.5' north. Section II. 1. Chaney Road from the north property line of Asbury Road to the south property line of Kaufmann Avenue, presented and read. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. (Necessity for Improvement) RESOLUTION N0. 47.59 WHEREAS, proposed plans, 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. The boundaries of the dis• trict, if any. 134 Regular Session, March 2, 1959 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 there- of which is estimated to be as- sessed against each lot, for the proposed City of Dubuque 1959 Bi- tuminous Concrete Paving Project No. 1 on the following portions of the following named streets: 1. Kaufmann Avenue from the west property line of Carter Road to the east property line of Theda Drive. 2. Evergreen Street from the north property line of Lindale street to the south property line of Kaufmann Avenue. 3. Waodlawn from the north property line of Asbury Road to the north end of street. 4. Lindale street from the west property line of Carter Road to the east property line of Evergreen Street. 5. Karen Road from the west property line of Carter Road to the east property line of Evergreen street. 6. Kevindale street from the north property line of Karen Road to the south property line of Lindale street. 7. Carter Road from the north property line of Kaufmann avenue to the north property line of Kane street. 8. Kane street from the east property line of Lot 2-1 Willy Place to the east property Line of Lot 1.1.1 of Olds Place. 9. Kane street from the east property line of Carter Road to the east property line Lot 2, Block 4, Scenic View Heights. 10. Kane street from the north property line of Kaufmann Avenue to the east property line of Primrose street. 11. Burlington street from the south property line of Prim- rose street to the west prop- erty line of Muscatine street. 12. Solon street from the east property line of Booth street to the west property line of Nevada street. 13. Adeline street from Ramona to end of street. 14, McClain street from north property line of Dodge street to a point 170.5' north. Section II. 1. Chaney Road from the north property line of Asbury Road to the south property line of Kaufmann Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned 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 improve• ment funds. Bonds shall be issued . and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro• ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was intro• doted, approved and ordered placed on file with the City Clerk this 2nd day of March, 1959. Approved and placed on file for final action. Regular Session, March 2, 1959 135 Approved: CHARLES A. KINTZINGER Mayor LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the ap- proval of the resolution, Seconded by Councilman Takas, Carried by the following vote: I ' Yeas-Mayor Kintzinger, Coun- ~ cilmen Schueller, Takos, Welu. Nays-None. I Absent-Councilman Freund. `~ (Fixing. date of hearing) RESOLUTION N0. 48.59 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No, 46.59 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 proposed City, of Dubuque 1959 Bituminous Concrete Paving Project No. 1 on ~" ', the following portions of the fol- lowing named streets: 1. Kaufmann Avenue from the west property line of Carter ` Road to the east property line of Theda Drive. 2. Evergreen Street from the I north property line of Lindale street to the south property line of Kaufmann Avenue. 3. Woodlawn from the north .~, ~ property line of Asbury Road ~ to the north end of street. i,F 4. Lindale street from the west ;; property line of Carter Road ~ to the east property line of ~*' Evergreen Street. ~ 5. Karen Road from the west ~~ property line of Carter Road to the east property line of Ever- F green street. 6. Kevindale street from the north property line of Karen ~ Road to the south property line of Lindale street. 7. Carter Road from the north property line of Kaufmann avenue to the north property line of Kane street. 8. Kane street from the east prop• erty line of Lot 2.1 Willy Place to the east property line of Lot 1-1-1 of Olds Place. 9. Kane street from the east prop• erty line of Carter Road to the east property line Lot 2, Block 4, Scenic View Heights. 10. Kane street from the narW property line of Kaufmann Avenue to the east property line of Primrose street. 11. Burlington street from the south property line of Prim• rose street to the west prop- erty line of Muscatine street. 12. Solon street from the east property line of Booth street to the west property line of Nevada street. 13. Adeline street from Ramona to end of street. 14. McClain street from north property line of Dodge street to a point 170,5' north. Section II. 1, Chaney Road from the north property line of Asbury Road to the south property line of Kaufmann Avenue. and, WHEREAS, the proposed Reso- lotion of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion, BE IT THEREFORE RESOLVED that on the 30th day of March, 1959, a public hearing will be held at 7:30 o'clock P. M, in the Coun- cil Chamber in the City of Du- buque at which time the owners of property subject 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 bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be as- sessed against any lot and to the passage of the proposed Resolu- tion 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 pub- lished in some newspaper pub- lished 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 property owners at the time of final consideration of said resolu- tion have on file with the clerk ob• 136 Regular Session, March 2, 1959 jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of March, 1959. CHARLES A. KIlVTZIIQGER Mayor LEO N.SCHUELLER CLARENCE P. WELU PETER 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 Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. March 2, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 23 inclusive show- ing a schedule of the proposed valuations and proposed assess- ments for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. Submitted March 2, 1959. K, J. CULLEN City Engineer Mayor Kintzinger moved that the communication be received and filed, Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. RESOLUTION N0. 49.59 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa. Section 1. That the attached sheets No. 1 to 23 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1, and the valu- ations set out therein are hereby approved. Adopted this 2nd day of March 1959. CHARLES A. KINTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELD PETER J. TAKOS Councilmen Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Rintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilmen Freund. RESOLUTION N0. 50.54 Preliminary approval of the pro- posed plans, specifications, farm of contract, plat and schedule, in- cluding valuations appearing there- on, and all other documents for the proposed City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 at an estimated cost of $129,248.43 on the following portions of the fol- lowing named streets and alleys: 1. Alley between Main and Lo- cust rasing from the north property line of Jones street to the south property line of 12th street, 2. 10th street from west property line of Central to the east property line of Bluff Street. 3. 22nd Street from east property line of Central to south prop- erty line of Windsor Avenue. 4. East 16th street from east property line of Elm street to a point 285 feet east of east property line of Marsh street. 5. 3rd street from east property line of Iowa street east to rail- road tracks. 6. Harrison street from south property line of Jones street to north property line of Dodge Street. 7. Shields street from north prop- erty line of Jones street to east property line of Main street. 8, Alley between Iowa and Cen- tral running from north prop- erty line of 4th Street to the alley first south of 13th street, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Regular Session, March 2, 1959 137 Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. (Necessity for Improvement) ( RESOLUTION N0. 51•S9 I 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. f 2. The streets to be improved. 3. The width of such improve- r 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 material to be used. 6. In each case the amount there- of which is estimated to be as• sensed against each lot, for the ~Ym proposed City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Con- Crete Surfacing Project No. 1 on the following portions of the fol- lowing named streets and alleys: 1. Alley between Main and Lo- ~` cunt running from the north property line of Jones street to the south property line of 12th street. 2. 10th street from west property line of Central to the east ~ ~ property line of Bluff Street. 3. 22nd Street from east property ' line of Central to south prop- erty line of Windsor Avenue. 4, East 16th street from east groperty line of Elm street to a point 285 feet east of east j .' property line of Marsh street. 5. 3rd street from east property line of Iowa street east to railroad tracks. + r B. Harrison street from south property line of Jones street to north property line of Dodge Street. 7. Shields street from north prop- ~ erty line of Jones street to ~' east property line of Main ~ "~ street. 8. Alley between Iowa and Cen- tral running from north prop- erty line of 4th Street to the alley first south of 13th 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 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 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 cronferred thereby, and any deficiency shall be paid out of the street improve- ments funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. 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 2nd day of March, 1959. Approved and placed on file for final action. Approved: CHARLES A. KIIJTZINGER Mayor LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the ap- proval of the resolution. Seconded 138 Regular Session, March 2, 1959 by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent--Councilman Freund. (Fixing date of hearing) RESOLUTION NO. 54.59 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 50-59 given its pre- liminary approval an 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 proposed City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1, on the following portions of the following named streets and alleys: 1, Alley between Main and Lo- cust running from the north property line of Jones street to the south property line of 12th street. 2. 10th street from west property line of Central to the east property line of Bluff Street. 3. 22nd Street from east property line of Central to south prop• erty line of Windsor Avenue. 4. East 16th street from east property line of Elm street to a point 285 feet east of east property line of Marsh street. 5. 3rd street from east property line of Iowa street east to railroad tracks. 6. Harrison street from south property line of Jones street to north property line of Dodge Street. 7. Shields street from north prop• ~' erty line of Jones street to east property line of Main street. 8. Alley between Iowa and Cen• tral running from north prop- erty line of 4th Street to the alley first south of 13th street, and, WHEREAS, the proposed Reso• lution of Necessity for said im• provement has been introduced and is now on file in the City Clerk's office far public inspection, BE IT THEREFORE RESOLVED that on the 30th day of March, 1959, a public hearing wilt be held at 7:30 o'clock P. M. in the Coun• cil Chamber in the City of Du• buque at which time the owners of property subject 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 proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed' Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of 'such hearing to 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 considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all ob- jections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of March, 1959. CHARLES A. KINTZINGER Mayor LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. Councilman Schueller moved that Mr. Irvin Oeth be reappoint- ed to the Board of Zoning Adjust• ment for a five year term expir• ing March 5, 1964. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. There being no further business Councilman Welu moved to ad- journ. Seconded by Councilman Ta- kos. Carried by the following vote: y1 l I; j I ~! ';;~, ',G t ', ~ '' >: ~~ ~a'. x1 rt ~~ _, i. i' Regular Session, March 2, 1959 139 Yeas-Mayor Kintzinger, Coun- cilmen Schueller, Takos, Welu. Nays-None. Absent-Councilman Freund. LEO F. FROMMELT City Clerk Approved ....................................1959 Adopted ......................................1959 Councilmen l .................................... Attest ................................................ City Clerk 140 Special Session, March 30, 1959 CITY COUNCIL Special Session, March 30, 1959. Council met at 7:30 P.M, Present -Mayor Kintzinger, Councilmen Freund, Schueller, Ta• kos, Welu. City Manager Schiltz. Mayor Kintzinger read the Call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing on City of Dubuque 1959 Grading Project No. 1; City of Dubuque 1959 Concrete Curb and Gutter Project No. 1; City of Dubuque Bi- tuminous Concrete Paving Proj• ect No. 1; City of Dubuque 1959 Hot Mix•Hot Laid Asphaltic Con• Crete Paving Project No. 1, and acting on any other business that may properly come before a regu- lar meeting of the City Council. Proof of Publication, certified to by the Publisher, of Notice of Pen• dency of Resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the City of Dubuque 1959 Grading Project No. 1, on the following portions of the following named streets: Section No, 1-Chaney Road from north property line of Asbury Road to the south property line of Kaufmann Avenue. Section No. 2--North Grandview Extension from north property line of Ungs street to station 5fi+00. Section No. 3-North Grandview Extension from north property line of Kaufmann Avenue to the south property line of Kane street. Section No, 4-North Grandview from Station 56+00 to south property line of Kaufmann Ave• nue, presented 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 proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. Decision of Council upon objee• Lions to plans, specifications, form of contract and cost of im• provements. RESOLUTION NO. 53.59 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1959 Grad- ing Project No. 1. Section No. 1-Chaney Road from North Property Line of Asbury Road to the South Property Line of Kaufmann Avenue, Section No. 2-North Grandview Extension from North Property Line of Ungs Street to Station 56+00. Section No. 3-North Grandview Extension from North Property Line of Kaufmann Avenue to the South Property Line of Kane Street. Section No. 4-North Grandview from Station 56+00 to South Property Line of Kaufmann Ave- nue. have been approved by the City Council of the Citp 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 hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 30th day of March, 1959; and WHEREAS, the City Council met in special session this 30th day of March, 1959, 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 pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun• ity 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, y V~ 1 ~h ~' ~: Special Session, March 30, 1959 141 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 and form of cost said improvement be made a mat- ter of permanent record in con- nection with said improvement. passed, adopted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU i PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor I{intzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 39.59 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 streets to be improved. 2. The width of such improve- ment. 3. 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, Proposed City of Dubuque 1959 Grading Project No. 1. Section No. 1--Chaney Road from North property line of Asbury Road to the south property line of Kaufmann Avenue. Section No. 2-North Grandview Extension from north property line of Ungs Street to Station 56+00. Section No. 3-North Grandview Extension from north property line of Kaufmann Avenue to the south property line of Kane street. Section No. 4-North Grandview from Station 56+00 to south property line of Kaufmann Ave• nue. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement. Said improvements shall be constructed and done in accord- ance with the plans and specifi• cations which have been prepared therefore 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 im• provement will be paid from the Street Improvement funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of March, 1959. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro• posed, by the City Council this 30th day of March 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 54.59 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 39.59 which was duly passed by this Council, for the CITY OF DUBUQUE 1959 GRADING PROJECT N0. i Section No. 1--Chaney Road from North Property Line of Asbury 142 Special Session, March 30, 1959 Road to the South Property Line of Kaufmann Avenue. Section No. 2-North Grandview Extension from North Property Line of Ungs Street to Station 56+00. Section No. 3-North Grandview Extension from North Property Line of Kaufmann Avenue to the South Property Line of Kane Street. Section No. 4-North Grandview from Station 56+00 to South Property Line of Kaufmann Ave- nue. be and the same are hereby or- dered and constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE 1T FURTHER RESOLVED that the cost and expense of the said improvements be paid out of the street improvement funds of the city. 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 140 calendar days af- ter notice to proceed is issued. (Section I-21 days) (Section II- 60 days) (Section III-14 days) (Section N-45 days) 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, adapted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 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 far City of Dubuque 1959 Concrete Curb and Gutter Project No. 1 on the following portions of the follow- ing named streets: Section I. 1, Illinois Avenue from West Property Line of Drexel to the South Property Line of Penn- sylvania Avenue. 2, Ohio Avenue from South Prop- erty Line of Pennsylvania to North Property Line of Illi• nois Avenue. 3. Alpha Avenue from South Property Line of Illinois Ave- nue to North Property Line of VanBuren Street. 4. Evergreen Street from North Property Line of Lindale Street to South Property Line of Kaufmann Avenue. 5. Kaufmann Avenue from East Property Line of Evergreen to East Property Line of Theda Drive. 6. Burlington Street from South Property Line of Primrose to West Property Line of Musca- tine Street. 7. Kane Street from North Prop• erty Line of Kaufmann Avenue to East Property Line of Prim- rose Street. 8. Collins Street from South Prop- erty Line of Lombard Street to South Property Line of St. Joseph Street. 9. 16th Street from East Prop- erty Line of Sycamore Street to a point 285 feet east of East Property Line of Marsh Street. 10, Marquette Street turn around at end of street. 11. Harrison Street from South Property Line of Jones to North Property Line of Dodge Street. 12. Lindale Street from East Prop• erty Line of Woodlawn Street to West Property Line of Cart- er Road. .y l+v ,r v ,t ~ij ~ 11 Special Session, March 30, 1959 143 13. Alta Place from North Proper- ty Line of Delaware Street to South Property Line of Green Street. 14. Born Avenue from South Prop• erty Line of Indiana Avenue to North Property Line of Ridge- way Avenue. 15, McClain Street from North Property Line of Dodge Street to point 170.55' North. Section II. 1. Chaney Road from North Prop- erty Line of Asbury to South Property Line of Kaufman Av enue. Section III. 1, North Grandview from North Property Line of Ungs Street to South Property Line of Kane Street. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Counci'_- men Freund, Schueller, Takos, Welu. Nays-None. Petition of Mrs. Herbert L. Breit- bach et al objecting to the improve- ment of McClain street with bitum- inous concrete paving and curb and gutter from North property line of Dodge Street to a point 170.5 feet north for the following reasons; 1. That the affected property owners are of the belief that is said street is to be improved, the ex- pense should in all fairness be borne by Mrs. Clara Byrne, the sole property owner to be bene• fited and who requested the im• provement. 2. That the proposed assessments are wholly out of any proportion to the benefits, if any, to the af- fected property owners. 3. That the improvement of this street is not necessary or benefic- ial to the public, presented and read. Councilman Freund moved that the petition be received and filed. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 26, 1959 Dubuque City Council c/o City Clerk, 13th and Central, Dubuque, Iowa Gentlemen: In regard to the proposed im• provement of McClain St., my mother, Mrs. Thomas E. Byrne will assume all assessments, not abut- ting the improvement, and will con- struct the retaining wall at her ex• pense according to City of Dubuque requirements by June 15,1959. As she has no reasonable access to her property, I await your favor- able action. Sincerely yours, William J. Byrne NOTE: The verbage "not abut- ting the improvement" was orally amended by William Byrne after a discussion between Mr. Byrne and Mr. Nate Rotman, Mr. Byrne agreed to assume the full cost of the im• provement of McClain Street, Councilman Freund moved that the communication be received as amended and made a matter of rec- ord. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• Gilman Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended to allow anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Mr. Don Breitbach and Mr. Nate Rotman both objected to the im• provement of McClain Street stat- ing that it is rather clear that the primary purpose for the improve- ment is for Mr. Byrne to develop his property, and therefore Mr. Byrne should bear the entire cost of the improvement. March 30, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: East 16th Street from Elm to Marsh Street is on the street pro gram for the construction of curb and gutter and surfacing. I recom- 146 Special Session, March 30, 1959 made a matter of permanent rec• ord in connection with said im- provement. Passed, adopted and approved this 30th day of March, 1959. CHARLES A. KINTZDQGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 43.59 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 dis• trict, if any. 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 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 material to be used. 6. In each case the amount there- of which is estimated to be as• sessed against each lot, for the CITY OF DUBUQUE CONCRETE CURB & GUTTER PROJECT N0. 1 Section I. 1. Illinois Avenue from West Property Line of Drexel to the South Property Line of Pennsylvania Avenue. 2. Ohio Avenue from South Prop- erty Line of Pennsylvania to North Property Line of Illi• nois Avenue. 3. Alpha Avenue from South Property Line of Dlinois Ave• nue to North Property Line of VanBuren Street. 4. Evergreen Street from North Property Line of Lindale Street to South Property Line of Kaufmann Avenue. 5. Kaufmann Avenue from East Property Line of Evergreen to East Property Line of Theda Drive. 6, Kane Street from North Prop- , erty Line of Kaufmann Avenue j to East Property Line of Prim- . rose Street. ~I 7. Collins Street from South Property Line of Lombard Street to South Property Line of St. Joseph Street. 8. Marquette Street turn around at end of street. 9. Harrison Street from South Property Line of Jones to North Property Line of Dodge Street. 10. Lindale Street. from East Prop- erty Line of Woodlawn Street to West Property Line of Lot 1-1-1-1-1-2.31 of Highland Park Addition. 11. Alta Place from North Prop• erty Line of Delaware Street to South Property Line of Green Street. 12. Born Avenue from South Prop- erty Line of Indiana Avenue to North Property Line of Ridgeway Avenue. 13. McClain Street from North Property Line of Dodge Street to point 170.55' North. Section II. 1. Chaney Road from North Prop- erty Line of Asbury Road to South Property Line of Kauf- mann Avenue. Section III. 1, North Grandview from North Property Line of Ungs Street to South Property Line of Kane Street. BE IT THEREFORE RESOLVED that the City Council on its awn motion 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 consideration of this proposed res- olution 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. t~ 3 r r a: !` tt~ Special Session, March 30, 1959 147 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 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 improve- ment funds. Bands shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor, The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of March, 1959. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 30th day of March 1959. CHARLES A, KIlVTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen f>ttest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 57.59 Be It Resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces• sity No. 43-59 which was duly passed by this Council, for the City of Dubuque 1959 Concrete Curb & Gutter Project No. 1. Section I. 1. Dlinois Avenue from West Property Line of Drexel to the South Property Line of Penn- sylvania Avenue. 2. Ohio Avenue from South Prop- erty Line of Pennsylvania to North Property Line of Illinois Avenue. 3. Alpha Avenue from South Property Line of Illinois Ave• nue to North Property Line of VanBuren Street. 4. Evergreen Street from North Property Line of Lindale Street to South Property Line of Kaufmann Avenue. 5. Kaufmann Avenue from East Property Line of Evergreen to East Property Line of Theda Drive. 6. Kane Street from North Prop• erty Line of Kaufmann Ave• nue to East Property Line of Primrose Street. 7. Collins Street from South Prop• erty Line of Lombard Street to South Property Line of St. Joseph Street. 8. Marquette Street turn around at end of street. 9. Harrison Street from South Property Line of Jones to North Property Line of Dodge Street. 10. Lindale Street from East Prop- erty Line of Woodlawn Street to West Property Line of Lot 1-1-1.1-1.2-31 of Highland Park Addition. 11. Alta Place from North Prop• erty Line of Delaware Street to South Property Line of Green Street. 12. Born Avenue from South Prop- erty Line of Indiana Avenue to North Property Line of Ridge- way Avenue. 13. McClain Street from North Property Line of Dodge Street to point 170.55' North. Section II. 1. Chaney Road from North Prop- erty Line of Asbury Road to South Property Line of Kauf- mann Avenue. Section III. 1. North Grandview from North Property Line of Ungs Street to South Property Line of Kane Street. 148 Special Session, March 30, 1959 $e and the same are hereby or• dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE Ym 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 street improvement, funds of the city. Payment will be made to the contractor out of funds real- ized from the sale of bonds to be issued in anticipation of deferred payments of assessments as pro- vided 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 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 140 calendar days af• ter 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 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund,. Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for Public improvements and hear- ing upon proposed plans and spec- ifications form of contract and cost of improvements for the City of Dubuque 1959 Bituminous Con- crete Paving Project No. 1, on the following portions of the following named streets: Section I. 1. Kaufmann Avenue from the West Property Line of Carter Road to the East Property Line of Theda Drive. 2. Evergreen Street from the North Property Line of Lin• dale Street to the South Prop• erty Line of Kaufmann Ave• nue. 3. Woodlawn from the North Property Line of Asbury Road to the north end of street. 4. Lindale Street from the West Property Line of Carter Road to the East Property Line of Evergreen Street. 5. Karen Road from the West Property Line of Carter Road to the East Property Line of Evergreen Street. 6. Kevindale Street from the North Property Line of Karen Road to the South Property Line of Lindale Street. 7. Carter Road from the North Property Line of Kaufmann Avenue to the North Property Line of Kane Street. 8. Kane Street from the East Property Line Lot 2-1 Willy Place to the East Property Line of Lot 1.1.1 of Olds Place, 9. Kane Street from the East Property Line of Carter Road to the East Property Line Lot 2, Block 4, Scenic View Heights. 10. Kane Street from the North Property Line of Kaufmann Avenue to the East Property Line of Primrose Street. 11. Burlington Street from the South Property Line of Prim- rose Street to the West Prop- erty Line of Muscatine Street. 12. Solon Street from the East Property Line of Booth Street to the West Property Line of Nevada Street. w "s ;ti i t Special Session, March 30, 1959 149 18. Adeline Street from Ramona to end of street. 14. McClain Street from North Property Line of Dodge Street to a point 170.5 North. Section II 1. Chaney Road from the North Property Line of Asbury Road to the South Property Line of Kaufmann Avenue. Councilman Welu moved that the proof of publication be re• ceived and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of C. L. Murphy et al objecting to the surfacing of Woodlawn, Karen, Kevindaie, and Lindale streets for the following named reasons: 1-Hardship in paying assessments for resurfac• tng; 2-Five year street installed two years ago, three years of use still coming us; 3-Most property owners are still paying for sewer, curb and gutter assessments; 4- Heavy equipment moving over streets because of new housing .project in immediate vicinity; 5- No thoroughfare streets involved; ti-All streets involved are still in good condition, presented and read. Councilman Freund moved that the petition be received and filed. Seoondedby Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Mr. Gene Wright addressed the Council in behalf of the petitioners stating that 42 of 44 abutting prop- erty owners are objecting to the surfacing of Woodlawn, Karen, K2vindale and Lindale streets. Mr. George Tharp, John Cullen, Don Hartman, Leo Schlueter, all ad• dressed the Council in opposition to the surfacing of the aforemen- tioned streets, After considerable discussion Councilman Welu moved that Woodlawn, Karen, Kevindale, and Lindale be deleted from the 1959 surfacing program and that the maintenance on these streets be limited to patching of holes and emergencies. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Ralph Pape et al objecting to the surfacing of Solon Street for &t least two years for the following reasons: 1-Street has a hard surface at present and is in fairly good condition; 2- lnfrequently used by traffic pri• marily because of the steep in- cline; 3-Traffic that intends to drive from Nevada to Booth or vice versa generally resort to Dodge, Langworthy or Third street because of the steepness of Solon and the dead end at Booth; 4-- Songe taxpayers affected are pres- ently paying for the paving of Nevada; 5-Would not increase the value of adjacent property in comparison to the assessment cost and would not likewise serve to increase traffic, presented and read. Councilman Freund moved that the petition be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller,. Takos, Welu. Nays-None. Mr. Mel Leibold addressed the Council objecting to the paving of Solon street. Councilman Takos moved that Solon Street from the east property line of Booth Street to the west property line of Nevada street be deleted from the 1959 Bituminous Concrete Paving Proj- ect No. 1. Seconded by Council- man Freund. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, RESOLUTION N0. 58.59 Resolution Amending Resolution No. 47.59 Be It Resolved by the City Coun- cil of the City of Dubuque: Section i. That Resolution No. 47.59, being the Resolution of Ne- cessity for the City of Dubuque 1959 Bituminous Concrete Paving Project No. 1, be and the same is hereby amended by deleting the .following portions of the following named streets therefrom: 150 Special Session, Mareh 30, 1959 ~ Special Session, March 30, 1959 151 Burlington Street from the south property line of Primrose street to west property line of Muscatine Street. Karen Road from the west prop- erty line of Carter Road to the east property line of Evergreen Street. Kevindale street from the north property line of Karen Road to the south property line of Lindale Street. Lindale Street from the west property line of Carter Road to the east property line of Evergreen Street. Solon Street from the east prop- erty line of Booth Street to the west property line of Nevada street. Woodlawn street from the north property line of Asbury Road to the north end of the street. Passed, adopted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of im• provements, RESOLUTION NO. 59.59 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1959 Bi- tuminous Concrete Paving Project No. 1. Section I. 1. Kaufmann Avenue from the West Property Line of Carter Road to the East Property Line of Theda Drive. 2. Evergreen Street from the North Property Line of Lin- dale Street to the South Prop- erty Line of Kaufmann Ave- nue. 3. Carter Road from the North Property Line of Kaufmann Avenue to the North Property Line of Kane Street. 4. Kane Street from the East Property Line Lot 2.1 Willy Place to the East Property Line of Lot 1-1-1 of Olds Place. 5. Kane Street from the East Property Line of Carter Road to the East Property Line Lot 2, Block 4, Scenic View Heights. 6. Kane Street from the North Property Line of Kaufmann Avenue to the East Property Line of Primrose Street. 7. Adeline Street from Ramona to end of street. 8. McClain Street from North Property Line of Dodge Street to a point 170.5 North. Section II 1. Chaney Road from the North Property Line of Asbury Road to the South Property Line of Kaufmann Avenue. 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 hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 30th day of March, 1959; and WHEREAS, the City Council met in special session this 30th day of March, 1959, 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 or contract for ar cast of the improvement herein described and proposed to be made; and WHEREAS, all interested par• teis have been given an oppor• tunity to be heard and all objec- tions 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, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE 1T FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved .this 30th day of March, 1959, CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. { ~ (Necessity of Improvement) ~~ RESOLUTION N0. 41.59 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre• r pared and approved by the City v~ 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 dis- i, ,~ trict, if any. 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 i; the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the ~'? City of Dubuque 1959 Bituminous ~ Concrete Paving Project No. 1. , '; ;~ ; ; Section I. 1. Kaufmann Avenue from the West Property Line of Carter ~ Road to the East Property Line of Theda Drive, AI { I 2. Evergreen Street from the North Property Line of Lin- dale Street to the South Prop- erty Line of Kaufmann Ave- nue. 3. Carter Raad from the North Property Line of Kaufmann Avenue to the North Property Line of Kane Street. 4. Kane Street from the East Property Line Lot 2.1 Willy Place to the East Property Line of Lot 1.1.1 of Olds Place. 5. Kane Street from the East Property Line of Carter Road to the East Property Line Lot 2, Block 4, Scenic View Heights. 6. Kane Street from the North Property Line of Kaufmann Avenue to the East Property Line of Primrose Street. 7. Adeline Street from Ramona to end of street. 8. McClain Street from North Property Line of Dodge Street to a point 170,5 North. Section II 1. Chaney Road from the North Property Line of Asbury Road to the South Property Line of Kaufmann Avenue. BE IT 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 property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned 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 152 Special Session, March 30, 1959 to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- ment funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro• duced, approved and ordered placed on file with the City Clerk this 2nd day of March, 1959. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended by the City Council this 30th day of March 1959. CHARLES A, KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attost: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Ordering Construction] RESOLUTION N0. 60.59 Be It Resolvod by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 47.59 which was duly passed by this Council, for the City of Dubuque 1959 Bituminous Concrete Paving Projoct Na. 1. Section I. 1. Kaufmann Avenue from the West Property Line of Carter Road to the East Property Line of Theda Drive. 2. Evergreen Street from the North Property Line of Lindale Street to the South Property Line of Kaufmann Avenue. 3. Carter Road from the North Property Line of Kaufmann Avenue to the North Property Line of Kane Street. 4. Kane Street from the East Property Line Lot 2.1 Willy Place to the East Property Line of Lot 1.1.1 of Olds Place. 5. Kane Street from the East Property Line of Carter Road to the East Property Line Lot 2, Block 4, Scenic View Heights. 6. Kane Street from the North Property Line of Kaufmann Avenue to the East Property Line of Primrose Street. 7. Adeline Street from Ramona to end of street. 8. McClain Street from North Property Line of Dodge Street to a point 170,5 North. Section II 1. Chaney Road from the North Property Line of Asbury Road to the South Property Line of Kaufmann Avenue. Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shalt be constructed in accordance with the 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 ly- ing 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 propor• tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve• went, or sewer funds of the city, or 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 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 the 60 days after no- tice to proceed ie issued. BE IT FURTHER RESOLVED that this resolutino being deemed i a Y` .,: i Special S,essiola, March 30, 1959 153 Argent 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 30th day of March, 1959. CHARLES A. KINTZAVGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS ~1tteSt: LEO F, FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Proj- ect No. 1, on the following por• tions of the following named streets: 1. Alley between Main and Locust running from the North Prop- erty Line of Jones Street to the South Property Line of 12th Street. 2. 10th Street from West Prop• erty Line of Central to the East Property Line of Bluff Street, 3. 22nd Street from East Prop- erty Line of Central to South Property Line of Windsor Ave- nue. 4. Fast 16th Street from East Property Line of Elm Street to a point 285 feet east of East Property Line of Marsh Street. 5. 3rd Street from East Property Line of Iowa Street east to railroad tracks. 0. Harrison Street from South Property Line of Jones Street to North Property Line of Dodge Street. 7. Shields Street from North Property Line of Jones Street to East Property Line of Main Street. 8. Ailey between Iowa and Cen- tral running from North Prop• erty Line of 4th Street to the alley first south of 13th Street. Mayor Kintzinger waved that the proof of publication be re• ceived and tlled. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, We1u. Nays-None. Coanciitnan Takos madg a ver- bal objection in behalf of a certain citizen that made an objection as to paving the alley between Main ~& Locust from Jones to 12th street. The objector was of the opinion that the alley between 11th and 12th between Main & Lo- cust was still in good shape, Councilman Welu moved that due to the fact that no written objections were received to the Hot Mix-Hot Laid program that all objections be overruled and that the program be instituted with the exception of 16th street. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Welu, Nays-Councilman Takos. RESOLUTION NQ. 61.59 Resolution amegding resolution No. 51.59 Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That Resolution No. 51-$9, being the Resolution of Ne- cessity for the City of Aubuque 1959 Hot Mia-Hot Laid Asphaltic Concrete Paving Project No. 1, be and the same is hereby amended by deleting the followmg portions Rf the fghowing named streets therefrom: East 16th street from east property lien of L1m street to a point 285 feet east of east property line of Marsh street. Passed, adopted and approved this 30th day of March, 1959. CHARLES A. RINTZINGER Mayor GEORGE A. FREUND LEO N, SC#IUELLER CLARENCE P. WELU Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote; 154 Special Session, March 30, 1959 Yeas-Mayor Kintzinger, Coun- cilmen Freund, 5chueller, Welu. Nays-Councilman Takos. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im• provements. RESOLUTION N0. 62.59 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Con- crete Paving Project No. 1, 1. Alley between Main and Locust running from the North Prop- erty Line of Jones Street to the South Property Line of 12th Street. 2. 10th Street from West Prop- erty Line of Central to the East Property Line of Bluff Street. 3. 22nd Street from East Prop- erty Line of Central to South Property Line of Windsor Ave- nue. 4. 3rd Street from East Property Line of Iowa Street east to railroad tracks. 5. Harrison Street from South Property Line of Jones Street to North Property Line of Dodge Street. 6. Shields Street from North Property Line of Jones Street to East Property Line of Main Street. 7. Alley between Iowa and Cen- tral running from North Prop- erty Line of 4th Street to the alley first south of 13th Street. have 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 objections to said plans, spec- ifications or contract for or cost of such improvements, said time being this 30th day of March, 1959; and WHEREAS, the City Council met in special session this 30th day of March, 1959, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- fug all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and 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 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 and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, 5chueller, Welu, Nays-Takos. (Necessity for Improvement) RESOLUTION N0. 51.59 WHEREAS, 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, The boundaries of the district, if any. 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. l ca ~~ ,i .~ V' I 1 '. !~ Special Session, March 30, 1959 155 5, An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kin of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. 1. A 11 e y between Main and Locust running from the North Property Line of Jones Street to the South Property Line of 12th Street. 2. 10th Street from West Line of Central to the East Property Line of Bluff Street. 3. 22nd Street from East Prop- erty Line of Central to South Property Line of Windsor Avenue. 4. 3rd Street from East Property Line of Iowa Street east to railroad tracks. 5. Harrison Street from South Property Line of Jones Street to North Property Line of Dodge Street. 6. Shields Street from North Prop- erty Line of Jones Street to East Property Line of Main Street. 7. Alley between Iowa and Cen- tral running from North Prop- erty Line of 4th Street to the alley first south of 13th Street. BE IT THEREFORE RESOLVED that the City Council on its awn 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 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 such 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, 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 street improvement 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 as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of March, 1959. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 30th day of March, 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Weu. Nays-Councilman Takos. (Ordering Construction) RESOLUTION N0. 63.59 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a reso- lution of necessity No. 51.59 which was duly passed by this Council, for the City of Dubuque 1959 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. 1. Alley between Main and Locust running from the North Prop- erty Line of Jones Street to the South Property Line of 12th Street. 2. 10th Street from West Property Line of Central to the East Property Line of Bluff Street. 156 Special Session, March 30, 1959 Special Session, March 30, 1959 157 3. 22nd Street from East Property Line of Central to South Prop- erty Line of Windsor Avenue. 4. 3rd Street from East property Line of Iowa Street east to rail- road tracks. 5. Harrison Street from South Property Line of Jones Street to North Property Line of Dodge Street, 6. Shields Street from North Property Line of Jones Street to East Property Line of Main Street. 7. Alley between Iowa and Cen- tral running from North Prap- trey Line of 4th Street to the alley first south of 13th Street. be and the same are hereby order- ed and constructed by this Council upon its own motion and with or 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 Pf 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 street improvement, funds of the city. Payments will be made to the contractor out of funds realized from the sale of bands to be issued in anticipation of deferred pay- ments of assessments 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 ad- vertise for proposals for the con- strucbion of the various improve- ments herein provided for in the n>anner Irrovided by law, the said improvements 'shall be completed nn or 75 days after Itotlee to pro- ceed is issued. BE IT FURTHER RESOLVED tihat this fiesolution being deemed urgent and of ilr%mediate necessity shall be in force a$d °effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 30th day March, 19~. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARINCE P. WELU Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilman Freund, Schueller, Welu. Nays-Councilman Takos. Communication of Reilly Realty Ins. requesting permission to in- stall a sanitary sewer to serve Green Acres Subdivision commenc- ing at the southerly terminus of Saunders street to extend northerly along Saunders street approximate- ly 600 feet and further requesting that after said sewer is installed that the City install curb and gut• ter and surfacing on Saunders street from Green Acres Subdivi- sion to Lemon street and place said project on its 1960 street improvement program, presented and read. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Weiu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Weiu. 1Vays-None. '0RD1NAIVCE Nb. 11.59 An Ordinance granting Reilly Realty inc. the right to construct a sanitary sewer in Saunders street 'and providing for the terms and conditions thereof, presented and read. `Councilma'n Freund moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councii• man VGelu, Carried by the .follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Weiu. Nays-None. Councilman Freund moved that t#Ie holes be suspended requiring an 'Ordinance to be read on three l :~ s i~`_ `, separate days. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Weiu. Nays-None, ORDINANCE N0. 11.59 An Ordinance granting Reilly Realty Inc., the right.te construct a Sanitary Sewer in Saunders Street and providing the terms and conditions thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DI)BUQUE, IOWA: Section 1. That Reilly Realty Inc, be and they are hereby granted the riglit to construct an eight inch {8") vitrified the pipe sani- tary sewer in Saunders Street from the existing manhole in Saunders Street abutting Lot No. 45 of Fair- mount Park southwesterly in and along Saunders Street to the end of Platted Woat Saunders Street. (A) That grantees agree to con- struct said sewer within one year from the date of the adoption oY this ordinance and pay the entire cost thereof including the cost of restoring the eurYace of the street: (B) That said sewer shall be constructed in accordance with plans approved by the State De- partment of Health and the City Manager under the supervision and direction of the City Manager and City Engineer. (C) That Grantees will enter in- te acontract Yor the construction of said sewer with a qualified con- tractor which contract, among other things, will contain a clarae requiring the contractor to obtain all necessary permits required by the City of Dubuque or any other governmental agency, a clause ob- ligating the contractor and his bondsmen to keep said sewer in good repair for a period of not less than -two years from the date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the city oP Dubuque named as one of the obligees, guaranteeing the laithful performance of said con- tract: (D) That upo^ completion of said sewer and the acceptance oY 'the same by the City Council said sewer shall became a publk sew- er under the exclusive charge and control of the City of Dubuque, and its free use as such shall not be interferred with by grantees or their aucceasora or assigns: Section 2. That the authority granted herein shall terminate on April 30, 1969, unless the terms and conditions of this Ordinance are accepted in writing by t h e Grantees prior to that date: Section 3. Aster said sewer has been completed and the total cost thereof has been paid by grantees, the grantees herein shall file With 'the City Council a certified state- ment, showing in detail all amounts paid out by him in connection with the construction of said sewer, in- cluding engineering fees and the cost of restoring the surface of the street. Thereafter, any person ar persons desiring to connect with said sewer except the grantee herein, shall first apply to the Clty Manager for permission to do so and such permission ahan be granted upon condition that the applicant pay to the City TreaB- urer, for the account of the grantee herein, a connection charge in an amount which will be fixed by Resolution of the City Council at the time of the acceptance of the said sewer. However, such con- nection charges shall not be en- acted for any extension of said sewer made by the City of Du- buque or its permiteea. Section 4. This Ordinance ahan be in full force and effect from and after its final passage, adoption and publication as provided by law. Passed, adopted and approved this 30th day oY March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A.FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilme^ ATTEST: Leo F. Frommelt City Clerk. ACCEPTANCE OF ORDINANCE N0. 11.59 Reilly Realty, Inc., having full knowledge and understanding of all the terms and conditions of Ordi- nance No. 11.59, hereby accepts the same as passed and agrees to comply with the terms and condi- tions thereof. Adopted this 8th day of April, 1959. REILLY REALTY INC. By William J. Reilly Pres.-Sec.-Treas. Published officially in the Tele- graph-Herald newspaper this 10th day of April, 1959. LEO F. FROMMELT City Clerk u, a-lo Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Weiu. Nays-None. Councilman Freund moved that surfacing and curb gutter of Saunflers street be included in the 1960 street improvement program. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Weiu. Nays-None. March 27, 1959 To the Honorable Mayor and City Council, .Dubuque, Iowa Gentlemen: Herewith submitted far your con- sideration is subdivision plat of Blocks 8, 9, 10, li, 12, 13, 14 and 15 Green Acres Subdivision. This is located on and adjacent to Oak Crest Drive. •4 ;, 158 Special Session, March 30, 1959 The Planning & Zoning Com- mission approved this plat March 25, 1959 with the following pra• visions: 1. The turn around at the end of Timberline St. in Block 14 be provided for in performance bond. Easements shall be furnished to allow same to be constructed. The developer may decide to sub- divide Block 14 in the very near future and turn around would then be moved further north. Block eight as approved is un• subdivided, Further study will have to be made of this area. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be received and made a matter of record, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 6459 Resolution Approving the Plat of Block 8, 9, 10,11, 12, 13, 14 and 15 in Green Aeres Subdivision in the City of Dubuque, Dubuque County, Iowa. Whereas, there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Ehrlich Place and Lot 7 of Block 7 in Green Acres Subdivision, both in the City of Dubuque, Dubuque County, Iowa, are platted as Blocks 8, 9, 10, 11, 12, 13, 14 and 15 in Green Acres Subdivi• sion in the City of Dubuque, Dubuque County, Iowa, by Reilly Realty Ine.; and Whereas upon said plat appear streets and easements which the owners upon said plat have dedi- cated to the public forever; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and has been approved by said body; 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, but that the grades have not been established or the .,, ~r ~, ~: i, ~'. Special Session, March 30, 1959 159 Maplewood Court and Timberline Street, in accordance with City of Dubuque Standard Specifications for permanent sidewalks,-" (h) To construct aturn-around at the terminus of Timberline Street in accordance with the sur- facing plans submitted with the plat, provided, however, that in the event Timberline Street is extend- ed beyond its northerly terminus as shown on said plat, prior to November 1, 1961, this provision shall not be required; (i) 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; (j) 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 ac- ceptance; (k) To provide the foregoing con- struction and maintenance all at the expense of Reilly Realty Inc., as owner; (1) To construct said improve- ments prior to November 1, 1961; and further provided that Reilly Realty Inc., as owner of said sub- division, secure the performance of the foregoing conditions by pro- viding security in such sum and with with such sureties as may be acceptable to the City Manager; Section 3. That in the event Reil- ly Realty Inc., shall fail to execute the acceptance and provide the security provided for 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 dedication and approval of the plat shall not be effective; Passed, adopted and approved by unanimous recorded roll call vote this 30th day of March, A. D, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk streets graded, or the sidewalks, surfacing, sewer or water mains installed; NOW THEREFORE, BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Oak Crest Drive, Timberline Street and Maplewood Court, to- gether with the easements for public utilities, as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Ehrlich place together with Lot 7 of Block 7 in Green Acres Subdivision, both in the City of Dubuque, which shall hereafter be known as Blocks 8, 9, 10, 11, 12, 13, 14 and 15 in Green Acres Subdivision in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, pro- viding the owner of said property, hereinbefore named, executes its written acceptance hereto attached, agreeing: (a) To reduce Oak Crest Drive, Timberline Street and Maplewood Court to grade as shown by the profile submitted with the plat; (b) To surface Oak Crest Drive, Timberline Street and Maplewood Court, as the same appear upon said plat, for a width of 30 feet from curb face to curb face with six inch rolled stone base, with 2~ inch hot mixed, hot laid, bi• tuminous concrete surfacing and with concrete curb and gutter as shown in the City of Dubuque Standard Curb and Gutter Section; (c) To install water mains in ac- cordance with the plans submitted with the plat; (d) To install storm and sanitary sewers in accordance with plans submitted with the plat; (e) To install sanitary sewer and water house laterals for each lot from the main to behind the curb line; (f) To provide a seal coat for the surfacing of the streets described in sub-paragraph (b) hereof; (g) To install concrete sidewalks on both sides of Oak Crest Drive, To Leo F, Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 64.59 has been provided by the owner. Dated at Dubuque, Iowa this 8 day of April, 1959. L, J. SCHII.TZ, City Manager Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. ACCEPTANCE OF RESOLUTION N0. 64.59 Reilly Realty Inc., being familiar with the terms and conditions of the foregoing Resolution No. 64.59, hereby accepts the same and agrees to perform the conditions required of it therein, Dated this 8th day of April, A.D. 1959. REILLY REALTY, INC, By William J. Reilly, Pres: Sec: Treas, Communication of U, S. Confer- ence of Mayors extending an in• vitation to the members of the City Council to attend the 1959 annual conference of Mayors to be held in Los Angeles from July 12th to 15th, presented and read. Council- man Freund moved that the com- munication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, Communication of Dubuque Bank & Trust Co. expressing support to professional baseball and request- ing further support in the event a petition is presented by Dubuque Baseball Inc. for improvement of the Fourth Street ball park, pre- sented and read. Councilman Freund moved that the communica- tion be received and kept for fu- ture reference and referred to the Recreation Commission. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 160 Special Session, March 30, 1959 Communication of John Deere Dubuque Tractor Works comment- ing on the consideration being giv en toward proposed improvements of the present baseball park, as to what it has meant to the City in the past to have organized baseball, presented and read, Councilman Freund moved that the communication be received and kept for future reference and also referred to the Recreation Commis- sion. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Communication of Myers-Cox Co. stating that the proposed improve- ments in the amount of $18,500 to the local ball park are very much in order, presented and read. Coun• Gilman Freund moved that the communication be received and kept for future reference and re- ferred to the Recreation Commis- sion. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. Communication of Paul J. Laube, M.D, lending his support to the request of Dubuque Baseball Inc. for improvements to the Fourth street ball park, presented and read. Councilman Freund moved that the communication be receiv- ed and kept for future reference and referred to the Recreation Commission. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of expiration of right of redemption and taking of tax deeds by Max H. Jenk holder of certifi- cates of the City's interest in Lot 1 of 74 and Lot 1 of 75 in E. Langworthy's Addition of part of M. L. 320, Alfred & Lucille Bleile owners, presented and read. Mayor Kintzinger moved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Freund, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. REPORT OF DUBUQUE DOCK COMMISSION POR 1958 To the Honorable City Council, City Manager Board of Dock Commissioners Dear Sirs; The activities of the Dock Com- mission were many in 1958, haw ing held 35 regular meetings and other informal conferences with prospects for industrial sites, City Officials, Engineer consulting etc. In 1958 the Dock Commission negotiated new leases a n d agreements with the follow- ing; Dubuque Storage & Transfer Co. Dodds & Sons Dubuque B u 1 k Commodities River Terminal Flynn Ready Mix Morton Salt Co. Riverside Bowl Inc. Schueller & Co. Sinclair Refining Co, - N e w Asphalt Terminal, Considerable additional revenue will accrue to the City from these leases, and shows that we have made further progress. U.S. Engineers Corps at Rock Island report commercial tonnage in the Rork Lsland Engineer Dis- trict in 1958, set an all time high of slightly under 9,350,000 tons; 1,000,000 tons over the 1957 record year. This covered coal, grain, petroleum products, sulphur, phosphates, molasses, twine, scrap iron, salt, tallow and grease. Ton- nage in and out of Dubuque totaled 316,814 as aampared with 278,831 tons in 1957. Progress of waterway resources development continues in the Mis• sissippi Valley and other inland waterway territory. It is the policy of the Dock Commission to work cooperatively with the Industrial Committee of the Chamber of Commerce, City Council and City Manager in attracting new indus- try to Dubuque. We have many advantages to offer, Industrial Sites on Area "B", ready for occu- pancy and Areas "A" and "C" for future development. Excellent transportation facilities; rail, barge, truck and air, electricity and natural gas utilities, abundance f t L; d. s j << N (x ,~ i Special Session, March 30, 1959 161 of water supply, labor, schools and recreation. Three. items of major impor• tance took place in 1958; Securing the Sinclair Asphalt Terminal. Operation of the Dock Terminal by Saul Greenstein; and The Leasing of five acres on 12th Street by Flynn Ready Mix. Sinclair has already started con- struction and placement of eight large asphalt and oil storage tanks, on land prepared for them by Dock Commission, south of present site, Total cost of new plant $300; 000.00. Will use barge transporta- tion on which wharfage will apply. They will start operation in 1959, serving an area of about 200 miles from Dubuque. The Dubuque Bulk Commodities River Terminal, on March 1, 1958, signed a lease and agreement to operate, the Dock Terminal facili• ties, purchasing crane and o t h e r equipment. This Company will handle all barge loading and un- loading of bulk solids, and the Dubuque Tank Ternunal Co., bulk fluids. These Companies, u n d e r the same management have leased practically all of the Dock Com- mission Terminal grounds and have plans for further expansion. The City will receive increased rentals of facilities occupied; track use charges and wharfage fees, Flynn Ready Mix leased a 5 acre tract on 12th St. Area "A" and the Dock Commission awarded contract in 1958 for extension of watermains, which work has been completed, Contrasts for dreging Channel 12th St. slough, for open- ing up barge. unloading facilities and land fill and 7th St. Harbor and clearing were let in January 1959. Work wIll start in the Spring. Flynn Ready Mix will start building fn 1959. Geisler Bros., were awarded contract to reraof and repair Terminal Building, and this work has been completed. The Dock Commission paid off its indebtedness to U.S. Industrial Chemical Co., $6,738.28 in 1958, Dubuque Bulk Commodities River Terminal will handle sulphur under a new agreement. Industrial Park AREA "B". Kerper Boulevard was officially opened in 1958, with Members from the City Council, City Man• ager, Dock Commission, Chamber of Commerce and the Family of Mr. Kerper in attendance. T h i s wiU be a very busy Thoroughfare in the future. The new bowling Alley, River- side Bowling Inc., was completed in 1958, and it is a busy place; open 24 hours a day and employ- ing 35 people. According to all reports t h e pleasure boating business is in- creasing every year, boat s h o w s are jammed, River Cities are building boating facilities and our own Dubuque Marina Inc,, reports increasing business. They will build more floats in the Spring. In 1958 Dock Commission water front rentals amounted to $5,411.24 which included Marina and Mor- ton Salt Co. waterfront. Our Ramp at the end of Haw• thorne St., was a popular place last summer for the loading and unloading of boats into Lake Peosta Channel. "NO" Parking Signs were properly placed around the ramp with the copperation of the Police Department, so t h a t more space was allotted to folks with boat trailers. Engineers Report far AREA «B~~ In 1958 the fallowing work was completed. 1. Base and asphalt street work on Kerper Boulevard and Hawthorne Street, including seal coating of street around Boat Harbor. 2. Storm drainage at Boat Har- bor and on Hawthorne Street. 3. Boat Well. 4. Guard Rail, 5. Layout far relocation of Ele~- tric Transmission Line. 6. Subdivision of property for Harnischfeger Corp. and St. Regis Co. 7. Leveling and grading of Areas including completion of road shoulders. 8. Sewer and watermains to Riv- erside Bowling Lanes. Unfin• fished work to be. completed in 1959-AREA "B". 9. Installation of sewage lift sta- tion. 162 Special Session, March 30, 1959 Special Session, March 30, 1959 163 We look forward to a busy 1959. Respectfully submitted Marine Insurance .................... 625.00 625.00 Attached please find year end Board of Dock Commissioners Workmen's Compensation Lr- statement, showing income dis• Respectfully submitted i surance .................................. 500.00 27.43 219.78 bursements for 1958. C. E. KIESELE, Miscellaneous ............................ 500,00 Manager Dredge Rebuilding .................. 26,500.00 Engineer .................................... 3,000.00 3,160,16 DEPARTMENT OF PUBLIC DOCKS ~ DECEMBER 31, 1958 ;' 63,825.00 359.95 6,327.54 19,399.06 Item 153 C River Improvements To Date To Date Salary Manager ........................ 3,000,00 458.33 2,749.98 2,166.65 Receipts This Year Last Year Salary Machine Operator ......., 2,500,00 460.00 4,913.75 4,415.32 Sale of Wood ................................................................ 36.13 Wages Laborers .....................,.. 2,000.00 404,80 3,598.30 4,226.17 George Hird .................................................................... 600.00 Trucking & Fill ........................ 4,000.00 1,594.25 5,003.00 Dubuque Tank Terminal Co ......................................... 2,624.33 2,655.02 Equipment ....................,....,.,...... 1,500.00 Eldon Miller Inc . ........................................................ 720.00 720.00 i Tools .,..............................,........... 500,00 River Front Rentals .................................................... 3,161.24 2,568.27 Material & Supplies ................ 3,000.00 4,841,53 7,694.15 3,431.00 Warehousing .................................................................. 1,368.92 12,321.50 ~ Insurance ...............,.........,..,..,.. 211.02 Dubuque Storage & Trans. Co ................................... 4,810.75 3,872.38 ;. Workmen's Compensation In- Taxes ................................................................................ 38,376.05 38,671.79 surance 274.61 Military Tax Service Credit ........................................ 327.86 325.83 , Iradication of Growth•Ind. Sinclair Oil Co ............................................................... 3,676.81 3,565.10 I ' Park ............................,........... 3,000.00 Virginia-Carolina Chem. Co ......................................... 2,100.00 2,100.00 Storm Sewer Extension ........ 9,000.00 Pure Oil Co ..................................................................... 650.00 Dubuque Sports Bowl .................................................... 598.94 202.30 28,500.00 6,164,66 20,550.43 19,727.77 Bartels & McMahan ........................................................ 240.00 120.00 Item 153 D Terminal Operation Interstate Power Co ..................................................... 7,874.21 7,885.28 ~ Terminal Operator ...,..,............. 3,000.00 200.00 Sale of Junk .................................................................... 21.82 273.70 Terminal Laborers ....,.....,,........ ~ 8,000.00 140.80 5,473.02 Midland Truck & Equip. Co ......................................... 475,00 250.00 Office Help ................................ 1,200,00 433.33 Dubuque Bulk Commodities River Transport ...,.... 7,107.94 Equipment ................................ 3,000.00 1,754.63 745.37 Dubuque Transport Co ................................................. 505.43 Maintenance ............................,. 1,000.00 75.20 1,205.64 1,208.10 Molo Sand & Gravel Co . ............................................ 300.00 Material & Supplies .................. 5,000,00 179.20 695.84 5,441.60 Bartels & McMahan (Lumber) .................................... 36.75 ~ Insurance .........................,..,.,..... 1,500.00 885.41 982.56 Morton Salt Co ............................................................. 1,250.00 Improvements .................,.,,....... 6,000.00 16,304.08 875.00 Dubuque Marina Inc ..................................................... 1,000.00 Workmen's Compensation In- Raymond Seyer Riverside Bowling Alleys, Inc..... 1,680.00 surance .................................... 300.00 276.04 J. A. Dodds & Sons ........................................................ 924.03 79,180.00 76,817,30 Cash on Hand First of Month ........................................................ 101,669.22 Receipts ................................................................................................ 4,757.06 Expenditures ...................................................................................... 6,935.84 Cash on Hand End of Month ............................................................ 99,490.44 December 31, 1958 Year Expended Expended Expended Budget for to to Date Month Date Last Year Item 153 A Dock Operation Salary Manager ........................ 1,500.00 Travel ........................................ 800.00 Maintenance .............................. 400.00 Material & Supplies ................ 500.00 Insurance .................................... 300.00 Traffic Association .................... 300.00 Improvements ............................ 500.00 Miscellaneous ............................ 500.00 1,349.99 1,299.99 416.92 141,30 120,83 362.23 187.04 258.80 533.46 283,54 300.00 300.00 36.00 685.38 5,505.11 I: ,. 1+ 4,800.00 156,83 3,647.98 7,975.68 Item 153 B Dredge Operation Manager Salary ........................ 1,500.00 1,374.99 1,299.99 Salaries Operators .................... 7,000.00 3,961.89 ~~ Wages Laborers ........................ 11,200.00 5,850.30 Maintenance & Repairs ,.....,. 3,000.00 253,22 2,371.83 it Material & Supplies ................ 4,000.00 $59.95 88694 2,381.60 , )!electric Power ,,,,,,,,,,,,,,,,,,,,,,,, 6,000.00 2,688.67 29,000.00 254.40 21,186,40 15,435.02 126,125.00 6,935.84 51,712.35 62,537.53 December 31, 1958 Accounts Payable Inland Waterways Corporation .................................... 29,601.55 Paid from Dec. 1951 to Oct. 31, 1958 ........................ 18,150,00 November 1958 ................................................................ none December 1958 ................................................................ none 18,150.00 Balance due 11,451.55 December 31, 1958 $2,000,000.00 Bond Issue Financial Statement Receipts Bonds Sold ........................................................................................ 2,000,000.00 Interest & Adv. Premium returns on U.S. Gov. Inv. Bonds ..,. 57,143.24 Sales Tax Refunds ........................................................................ 6,470.72 Mettel Realty & Inv. Co ................................................................. 20.00 Investment Bonds Matured ........................................................ 2,600,000.00 St. Regis Paper Co ......................................................................... 505.25 4,664,139.21 Expenditures Elections .............................................................. 1,169.44 Office ...........................................................:.................................... 4,118.26 Property Purchase & Claims ........................................................ 78,859.90 Engineering Services .................................................................... 90,551.14 Dredging Contract ........................................................................ 887,223.47 16~ Special Session, March 30, 1939 lihwthorne St. Sewer .........................:..............:....:........:............. Little Chicago Storm Sewer ..................................................... RiPh2pPing .....:.................................................................................. Stone Surfacing to Access Roads ...................:.........:.:...:............ Watermains & Repairs ...............:........:.......................:............... Boat Harbor 5e~eding Slopes & Surfacing Driveways ................ East ifith St. Culvert & Repairing East 16th St ..................... ltaisitig Transco, Lines .....................:............................................ Roosevelt-Hamilton-Storm Sewer ......................:......................... 1 St. Storm Sewer ..........................................................:..... Grading Peosta Blvd ..................................................................... W®od Piling Boat Harbor ............................................................ Pbi~stq Blvd, Paving Contract .................................................... Boat Launching Ramp .................................................................... Area B Sanitary Sewers ................................................................ Gradldg Park Area between Boat Harbor & River .................... Dglzi~ment Purchase (Weed Mower & Pump) ............................ Extra Work Orders ..........................................:............................. I3bat Well .......................................................................................... Grading Harnischfeger Acreage ................................................ Hawthorne St. Pump Station ........................................................ Guard Rails ...................................................................................... City of Dubuque Cedar, Maple St. Lift Station .................... 36,0$7.00 4,043.66 113,361.45 1,796.72 50,155.36 16,750.62 8,314.28 2,085.43 123,354.00 43,178.40 16,956.00 5,045.00 248,650.46 24,340.00 103,581.85 5,135.60 2,225.30 15,954.69 51,795.32 12,909.06 4,723.25 6,940.50 25,000.00 i,986,30fi.16 Purchase Investment Bands ...................................................... 2,606,022.18 .......................... 4,592,328,34 ]latance December 31, 1958 .................................. 71,810.87 4,6fi4,i39.21 1! ands Available 12.31.58 .........:...................:.:.:................::........$ 71,810,87 Councilman Schueller moved that the report be received and made a matter of record. Sec- omled by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- s"ilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Mrs. Myrtle L Dockal, requesting a correction of the amount allowed on their agricultural tax exemption f o r 1958 as the result of an assess- ment error, presented and read. Mayor Kintzinger moved t h a t the communication be referred to the City Solicitor for investigation and report. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• ci9inen Freand, Schneller, Takos, nU`eln. Nays-None. March 10,1959 To the Honorable Mayor and 1Me`mbers of the City Council, bnbuque, Iowa, tien`tlemen: In accordance with the provision 'of the 1954 Code of Iowa the Civil Service Commission conducted examinations on March 9, 1959 for Chief Operator and Operator Grade H, at the Sewage Treatment Plant. The following are the names of those who passed the examination with an average of 70% or better: CHIEF OPERATOR Herbert L. McClean-98% OPERATORS GRADE II Robert W. Smith-8fi1/2% Ralph P. Kremer-85% Respectfully submitted, S, F. JAENKE Chairman J. A. CAREW LOUIS J. LAGEN Members of the Civil Ser- vice Commission. Attest: LEO F. FROMMELT Clerk. Subscribed and sworn to before me, a Notary Public, this 10th day of March, 1959. (Notarial Seal) Geraldine L. Jenni Notary Public. Councilman Freund moved that the communication be received and made a matter of record. Special Session, March 30, 1959 165 Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn for the month of February 1959, presented and read. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, `'`s Communication of County Audi- tor Meloy submitting the petition of George H. Brandt for suspen- sion or remission of taxes on ~ '' account of infirmity or old age on S'h of Lot 162 in East Du- - buque Addition, presented a n d read. Councilman Freund moved that the petition be granted. Sec- -. onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of County Audi- I~ for Meloy submitting the petition ~ of Barbara Rahloff for suspension or remission of taxes on account of infirmity or old age on E~Z of Lot 352 in East Dubuque Addition, ~1 presented and read. Councilman r` Freund moved that the petition be granted. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas--Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, ~ Welu. ' Nays-None. ' Communication of F o r e s t r y Products 'stating that tree trim- ming crews come and go through the City each week and t h e i r trucks and contents are possible carriers of Dutch Elm Disease and requesting that a check point be established in the City to inspect ~ and spray these vehicles to pre 'F vent the disease from getting intc Dubuque, presented and read. I Councilman Takos moved that the communication be referred tc ;he Park Board. Seconded by "ouncilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. March 12, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department and City Water Works for the months of January and February as well as list of claims for which war- rants were issued for the months of January and February, 1959. Respectfully submitted, L. J. SCHILTZ City Manager Mayor Kintzinger moved that the reports be received and filed. Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 23, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Joseph L. Schubert and others requesting a street light in the 2700 block of Beverly Street was referred to the City Manager for investigation and report. Upon investigation it was found that the distance between Brawn Street and the end of Beverly Street is a distance of about 590 feet. Beverly Street is also adead- end street at the west end. It is recommended that two street lights be installed, one at the bend approximately 200 feet west of Brown Street and another light on an existing pole between 2761 and 2759 Beverly Street. Respectfully submitted, L. J. SCHII,TZ City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote: 166 Special Session, March 30, 1959 Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 26, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: HEATIIQG Ray H. Rafoth, d/b/a Ray Rafoth Heating & Sheet Metal, Bond No. B 3005, Wolverine In• surance Co. Alex Kollar, Bond No. 656446.59, Western Surety Co. SIDEWALK Mike Steve, Columbia Casualty Company. Merlin P. Kluck, d/b/a M. P. Kluck & Son. Unted States Fidelity & Guaranty Company. Heitzman Construction Com- pany, The Fidelity & Casualty Company of New York. Raphael H. Strub, Bond No. 604791.59, Western Surety Com- pony. PAVING Schueller Black Tap Company, Policy A 415142, Standard Acci- dent Insurance Company. EXCAVATION Schueller & Co. Inc., Policy A 415141, Standard Accident In• surance Company. John Jones, Policy CGB 3101, Dubuque Fire & Marine Insurance Company. Merlin Goerdt, Policy No. SMC 112-41545, American Surety Co. of New York. Respectfully submitted, L. J. SCHII.TZ City Manager Mayor Kintzinger moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Coun- cilman Welu. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 30, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Al J, Schiltz re- questing access to Marquette Street from his home on Clinton Avenue by way of an alley was referred to the City Council to view the grounds. Upon viewing the grounds, it was the decision of the Council that Mr. Schiltz now had access to his property and it would be necessary for him to grade the front end of his lot in order to use the alley. The City further felt that any change to this alley would not be in the best interests of the City. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Welu moved that the decision of the Council be confirmed. Seconded by Council- man Freund. Carried by the fol- lowing vote: Yeas-Mayor Kintzzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 30, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: White Street between 4th and 21st Streets is a primary road extension and carries a consider- able amount of north bound traffic on Highways 151, 61 and 52. This street is, in my opinion, in- adequately lighted for this in- creasing volume of traffic. I have asked the Electrical In- spector and Interstate P o w e r Company to review the lighting conditions on this street a n d make recommendations as to the proper lighting for this highway traffic. Based on their study I recommend that the existing lights on White Street be removed and that new lights be installed start- ing at East 4th and White inter- section and extending to 21st and White Streets. All lights to be of 6,000 lumens and that lights be placed at all intersections and at mid-block points. The lights at 4th and White and 21st and White i ~' i~ la I i ~.. ~F I ,: _. i Special Session, March 30, 1959 167 Streets shall be 10,000 lumens to indicate a brighter intersection be- cause of the turning movements that are made. Respectively submitted, L. J. SCHILTZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, March 5, 1959. Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: I have examined the claim of Warren G. Higgins, 1764 Bennett ' Street, and can find no negli- ' Bence on the part of the City and recommend that the claim be denied. Respectfully submitted, T. H. NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Freund. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 5, 1959. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of Betty E, Thiltgen, 2830 Central Avenue, for damages sustained at Twenty Second and Central Ave- nue on October 8, 1958, and find that the injuries were sustained as alleged. I have discussed the matter with Miss Thiltgen and she has agreed to accept the sum of $65.50 in full settlement of her claim. I recommend that this settle- ment be allowed and the City Auditor instructed to issue a war- rant payable to Betty Thiltgen in the sum of $65.50, and deliver the same to her upon receipt of a properly executed release. Respectfully submitted, T. H. NELSON. Councilman Freund moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 10, 1959. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: I have investigated the claim of Walter Helbing, 369 East 20th street, for injuries sustained in a fall on a crosswalk February 19, 1959 and find that he fell as claimed; that the defect existed, and that claimant sustained a fracture of the left ankle. I have discussed the claim with Mr. Helbing and he has agreed to accept $311.60 in full settle- ment. I recommend that this settle• ment be approved and the City Auditor instructed to issue a war- rant payable to Walter Helbing in the sum of $331,60 and deliver it to him upon receipt of a proper- ly executed release. Respectfully submitted, T. H, NELSON Councilman Freund moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Patrick J. Fleming in the amount of $25.00, for damage to his car as the result of striking a hole in Valley street on March 28, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Francis Brosius of 478 Primrose Street, in the amount of $50.00, for dam- age to the basement of his home 168 Special Session, March 30, 1959 and contents as the result of a sewer backing up on February 13, 1959, presented and read. Council- man Freund moved that the claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of James R. Mai of 750 Loras Blvd, in the amount of $50.00, for damage to his home and contents as the result of a sewer clogging up on September 3, 1958, and December 26, 1958, presented and read, Councilman Freund moved that the claim be referred to the City Solicitor far investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of A. M. Meyers of 2898 Washington Street, in the amount of $50.00, for expense in- curred as the result of a sewer backing up into the basement of his home, on February 27, 1959, presented and read. Councilman Freund moved that the notice be referred to the City Solicitor far investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of suit of Hollis Root in behalf of William Root a minor plaintiff and City of Dubuque, De• fendant, in the amount of $12,000, repleading and stating his case in the amount of $3000.00, for per- sonal injuries received by William Root on December 17, 1958, pre• sented and read. Councilman Freund moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Marguerite Czipar of R.R. No. l Dubuque, in the amount of $28.59, for damage to her car as the result of striking a hole in the street at Rising Ave- nue near the intersection of Oak street on February 28, 1959, pre- sented and read. Councilman Freund moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Mrs. Jose- phine Tegeler, of 1088 Main Street, in an un-named amount, for per- sonal injuries received in a fall on an ice covered walk on East 15th street on March 9, 1959, pre- sented and read. Councilman Freund moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Mrs. Herman Leute of 2216 Rhomberg Ave., in an un-named amount, for personal injuries received in a fall on an ice covered walk at the alley on 8th street on February 12, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Mrs. Ruth Baumgartner of 589 W. 8th Street, in an un-named amount, for per- sonal injuries received in a fall on an ice covered sidewalk on 8th Avenue on February 14, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takos, Welu, Nays-None. s r~ !~ f ~. Special Session, March 30,1959 169 Notice of claim of Earl Griffith of 940 Southern Avenue, in the amount of $183.00, for personal injuries received in a fall on an ice covered walk on S. Grandview Avenue February 20, 1959, pre- sented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Robert L. Phillips of 729 Bluff Street, in the amount of $88.31, for damage to his car during the removal of snow from the 6th street parking lot on March 16, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Marguerite Molony of 1220 W. 12th street in the amount of $740.00, for per- sonal injuries received in a fall on an ice covered sidewalk on 12th street near St, Mark's Lutheran Chgrch on January 6, 1959, presented and read. Coun- cilman Freund moved that t h e claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- oilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of .suit of Kathleen Ryan a minor by Joseph Ryan, her father, and next friend, Plaintiff vs. City of Dubuque and Board of Dock Commissioners in the amount of $6500.00, for personal injuries received as the result of collapse of a defective public swing in Grandview Park on April 22, 1958, presented and read. Councilman Freund moved that the Notice be referred to the City Solicitor for investigation and report. Sec• onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Carl A.1'ickel of 1980 Lincoln Ave., in the amount of $200.00, for expense in- curred as the result of the sewer backing up into the basement of his home on March 19, 1959, pre- sented and read. Councilman Freund moved that the claim be referred to the City Solicitoi• for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Howard Meyer of 2105 Rhomberg Avenue, in the amount of $1000. for dam- age to the basement and contents of his home as the result of a sewer backing up on March 19, 1959, presented and read. Council- man Freund 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 Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of suit of Bertha A. Hamel, plaintiff and City of Du- buque Defendant, in the amount of $14,500 for personal injuries received in a fall on an ice cov- ered walk at 345 W. Locust Street on February 8, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of suit of F l o r e n c e 5tocum, Plaintiff and City of Du• buque, Defendant, in the atl4ount of $14,500 for personal injuries received in a fall on an ice cov eyed crosswalk at 12th and Lo- cust street on February 6, 1959, presented and read. Councilman Freund moved that the claim be 170 Special Session, March 30, 1959 referred to the City Solicitor for investigation and report, Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, ORDINANCE N0. 12.59. An Ordinance amending Ordi- nance No. 33.49, known as the Traffic Code of the City of Du- buque, by repealing Section 56 of Schedule VI thereof, and enacting a Substitute therefor; and by Add• ing a new Section 84 to Schedule VI thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel• ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE NO, 12.59 An Ordinance Amending Ordinance No. 33.49 known as the Traffic Code of the Clty of Dubuque, by Repealing Section 56 of Schedule VI thereof, and Enacting a Substitute therefor; and by Adding a new Section 84 to Schedule VI thereof, BE IT ORDAINED BY THE COUN• CIL OF THE CITY OF DUBUQUE: Section 1, That Section 58 of Sched• ule VI of Ordinance Na. 33-49 known as the Traffic Code of the City of Du• buqque be and the same 3s hereby re• pealed and the following enacted in lieu thereof: "56. The east side of Foye street from West Locust Street to Napier Street " Sectlon 2. That Schedule VI of Ordi- nance No. 33.49 known as the Traffic Code of the City of Dubuque, be and the same is hereby amended by add- ing anew Section E4 thereto as fol- lows: "84. The west side of Alpine Street from West Fifth Street to University Avenue." Sectlon 3, Thts Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 30th day of March, 1959. Rule requiring reading on three sepa- rate days suspended by unanimous vote the 30th day of March, 1959. Passed by recorded roll Call vote, adopted and approved this 36th day of March, 1959. CHARLES A. KINfZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph~ Herald newspaper this 3rd day of April, 1959. LEO F. FROMMQ,T City Clerk It 43. Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 18, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: Adopted resolution No, 21.58 in connection with the November 1, purchase order of the St. Regis Paper Company of New York, ac- cepts the terms and conditions set forth by this offer. Paragraph No, 6 of this offer reads "The City shall reserve ease- ments for sewers and access to maintain the riprap as subsequent- ly agreed upon, and the City shall make available public land for rail- road access to the premises. Subsequent negotiations with the Milwaukee railroad have pro- duced their agreement to provide a track across the "light industrial area, and Kerper Boulevard, to the St. Regis Paper Company prop- erty line," It is our understanding that a plat indicating the public land to be made available far such pur• poses will be submitted to you prior to the next meeting of the City Council requesting that an easement be granted as indicated on said plat under title of Block 18. It is planned that construction of our plant will start early in April, and as said construction cannot start until this easement has been granted, we respect your urgent cooperation in the grant- ing of the requested easeemnt. Sincerely yours, DUBUQUE CONTAINER DIV. St. Regis Paper Co. F. L. Wagner, Pres, ~, v f~ ~r rX 4 i': ~j 1 I ",, 1 ~. Special Session, March 30, 1959 171 Councilman Freund moved that the communication be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilman Freund, Schueller, Takos, Welu. Nays-None. March 27, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivision plat of Blocks 16,17, 18 and 19 in River Front Subdivision Number 3 in the City of Dubuque, This subdivision is located on Kerper Boulevard from Fengler Street northerly. The Planning & Zoning Commis- sion approved this plat March 25, 1959 provided easements for pres- ent utilities and public sewers are established, Respectfully submitted, Dubuque Planning & Zoning Cpmmi$sion By Owen Riley, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Ta• kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Chicago, MIl- waukee, St. Paul and Pacific Rail- road Company requesting the Council to consider an application for easement and crossing permit over Block 18 Riverfrant Subdivi- sion No, 3 to Dubuque Container Div, of St. Regis Paper Co., pre• sented and read. Councilman Freund moved that the communi- cation be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. ORDINANCE NO. 13.59 An Ordinance granting Chicago, Milwaukee, St. Paul and Pacific Railroad Company permission tc construct, maintain and operate a side track across Block 18 in River• front Subdivision No. 3, and across Kerper Boulevard, and prescribing the terms and conditions thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Ki'ntzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE No. 13.59 An Ordinance Granting Chi• cago, Milwaukee, St. Paul and Pacific Railroad Company per• mission to construct, maintain and operate a side track across Block 18 in Rivertront Subdi• vision No. 3, and across Ker• per Boulevard, and Prescribing the terms and conditions there- of. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That permission be and the same is hereby granted to Chicago, Milwaukee, St. Paul and Pacific Railroad Company, its suc- cesaore and assigns, to lay down, operate and maintain a side track in the City of Dubuque along and across Bieck 18 in Rivertront Sub- division No. 3, as the same appears upon the plat of said Subdivision prepared by Bartels & McMahon Engineering Company, under date of March 5, 1959; Section 2. That permission be and the same is hereby further granted to Chicago, Milwaukee, St. Pau] and Pacific Railroad Com- pany, its successors and assigns, to ]ay down, operate and maintain an extension of the sidetrack author- ized in Section 1 hereof across Ker- per Boulevard by the most direct route to Block 7 04 Rivet'frant Sub- division No. 3; Section 3, That in the laying down and operation oP sold side- track the same shall be so con- I strutted and maintained as to cre- ate the least possiible obstruction to ordinary travel and the use of the street crossed; that care shall not be allowed to stand on said street and said track shall at alt times be used in accordance with all ]awful regulations now or here- after enacted by the City of Du_ buque; Section 4, That said sidetrack shall cross said street at the estab- lished grade of the street and should the grade be changed at any time said track shall be chang- ed to conform to such change, at the expense of said company, with- out any claim against the Clty of Dubuque; 172 Special Session, March 30, 1959 Section 5. That said company shall keep the apace between the rails of said sidetrack and the apace to a line one foot beyond the Bads of the ties thereof at the place where the same crosses Ker- per Boulevard, properly paved or otherwise improved as the City Council may d[rect and shall keep any sidewalk crossing said track properly Daved or otherwise im- proved as the City Council may di- rect; that said sidetrack shall be so constructed and maintained as not to dam up or obstruct the flow and drainage of water on Kerper Boulevard; Section 8. That the rights here- in granted are subject to the prior right of the City of Dubuque to maintain the storm sewer cross- ing said premises, and grantee shall take ouch steps as may be necessary to protect said sewer in accordance with plane approved by the City Manager; Section 7. That in the event the said Company shall fail to exercise the authority to construct the side- track described in Sections 1 and 2 hereof prior to October 1, 1959 the authority herein granted shall be void and this Ordinance shall be of no effect. Section 8. That this Ordinance shall take effect and be in full force from and after 1ta passage and publication and the written ac- ceptance of the terms and condi• bona thereof by the Chicago, Mil- waukee, St. Paul and Pac[flc Rall• road Company, duly endorsed here- on. Introduced the 30th day of March, A.D., 1969. Rule requiring reading on three separate days suspended by uanim- ous vote the 30th day of March, A. D. 1969. Passed by recorded roll-call vote, adopted and approved this 30th day of March, A.D., 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAK03 Councilmen. Attest: LEO F. FROMMELT, City Clerk. Published oitlcially 1n T h e Telegraph-Herald newspaper this 23rd day of April, 1969. LEO F. FROMMELT, City Clerk. ACCEPTANCE OF ORDINANCE No. 13.59 Chicago, Milwaukee, St. Pau] and Pacific Railroad Company, having full knowledge and understanding of the terms and conditions of Or- dnance No. 13.69, hereby accepts the same as adopted and agrees to comply with all the terms and con_ dttions thereof. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY. BY F. G. McGINN, It 4/23 Ito Vice President, Councilman Freund moved the adoption of the Ordinance. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. March 26, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Catfish Creek Sanitary Sew- er was constructed in 1956 and 1957 and some sections of this sewer are on streets and could be used to serve homes along these streets, The property abutting this sewer should be authorized to connect to the sewer upon application and payment of a connecting charge. This connecting charge amounts to $3.45 per foot and was determined by using the average cost per foot of the Lenox Addition sewers. I recommend that the attached ordinance be approved. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved, Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 1459 An Ordinance Establishing Terms and Conditions under which property owners in the City of Dubuque may connect house lat- eral sewers to Catfish Creek Sani• tart' Sewer, and providing a pen• ally for violation hereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Coun- cilman Welu. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 14.59 An Ordinance Estabnshing Terms and Condltiona under which Prop• b ~'' ~l A I Special Session, March 30, 1959 173 arty Owners in the City of Dubuque may connect house lateral sewers to Catfish Creek Sanitary Sewer, and providing a penalty for violation hereof. BE rr ORDAINED BY THE CITY COUNCII. OF THE CITY OF DU• BUQUE: Section 1, That no person, firm or corporation shall connect any house lat• eral sewer to the Catfish Creek Sani- tary Sewer as the same appears upon the plans thereof prepared by the City Engineer and approved by the City Council August S, 1956, including 5ec- tions I, 11 HI and IV thereof, without first complying with the provisions of this Ordinance; Section 2. That a house lateral sewer serving any real estate located within the City of Dubuque may be connect- ed to the said Catfish Creek Sanitary Sewer upon application to the City Manager for permission to do so and payment to the City Treasurer of a fee of $3.95 per foot for each foot in width of the area to be served, The "width of the area to be served" as used here- in shall mean its mean width measured at right angles to its mean depth; Section 3. That a house lateral sew• er serving any real estate located out• side the City limits of Dubuque may, to the sole discretion of the City Coun• cil, be connected to said sewer under ~, such terms and conditions as the City Counen may in each instance establish by Resolution, but such terms and con• ditlons shall not be more favorable to such property than the rates estab• lashed for property located within the City; Section 4. That the provisions of this Ordinance shall not apply to real es• fate owned by the City of Dubuque or to main sewers constructed by the Clty of Dubuque or its permittees; Section S. That all sums received as payment of the connection charges es- tablished herein shall be paid into the Sanitation Fund. Section 6, Any person who violates any of the provisions hereof shall, upon conviction be punished by a fine not to exceed One Hundred Dollars ($100) or imprisonment not to exceed thirty (30) days. Section 7. This Ordinance shall be in fun force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 30th day of March, 1959. Rule requiring reading on three sep• orate days suspended by unanimous vote the 30th day of March, 1959. Passed by recorded roll call vote, , adopted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councimen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph~ Herald newspaper this 3rd day of April 1959. LEO F. FROMMELT lt. 4.3 City Clerk. Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE NO. 15.59 An Ordinance Amending Ordi- nance No. 33-49, known as the Traffic Code, by Repealing Section; D-7 of Schedule III. thereof, and Enacting a new Section B-17 to schedule III thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Welu, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0, IS•S9 An Ordinance Amending Ordinance No. 33.49, Known as the Traffic Code, by Repealing Section D•7 of Schedule III thereof and Enacting a new Section B-17 to Sci~edule HI thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That Section D•7 of Sched• ule III of Ordinance No. 33.49 known as the Traffic Code of the City of Du- buque be and the same is hereby re• pealedl Sectien 2. That Ordinance No. 33.49, known as the Traffic Cade of the City of Dubuque, be and the same is hereby amended by adding a new Section B-17 to Schedule III thereof, as follows: `8.17 Glen Oak and Vernon," Section 3. This Ordinance shall be in full Force and effect from and after its final passage, adoption and publics~ lion as by law provided. Introduced the 30th day of March, 1959. Rule requiring reading on three sep• orate days suspended by unanimous vote the 30th day of March, 1959. Passed by recorded roll call vote, adopted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in The Telegraph- Herald newspaper this 3rd day of Aprn 1959. LEO F. FROMMELT it. 43 City Clerk Councilman Freund moved the adoption of the ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 174 Special Session, March 30, 1959 Petition of Mrs. Elsie Snyder requesting a $100 refund on the unexpired portion of Class B beer license No. 89, as she has discon- tinued business on March 2, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to draw a warrant payable to Mrs. Elsie Snyder, in the amount of $100.00, to cover the amount due on the unexpired portion of beer license No. 89. Seconded by Coun• Gilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Gregor J. Vorwald re- questing a $150.00 refund on the unexpired portion of Class B beer license No. 137, as he has discon- tinued business on March 2, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to draw a warrant payable to Gre• gor J. Vorwald, in the amount of $150.00, to cover the amount due on the unexpired portion of beer license No. 137. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of John H. Vorwald re- questing a $25.00 refund on the unexpired portion of cigarette li- cense No. 102, as he has discon- tinued business on March 1, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to draw a warrant payable to John H. Vorwald, in the amount of $25.00, to cover the amount due on the unexpired portion of cig• arette license No. 102. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Take, Welu. Nays-None. Petition of Mrs. Adele Bahl re- questing x$25.00 refund on the unexpired portion of cigarette li- cense No. 144 as she has discon- tinued business on March 31, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to draw a warrant payable to Mrs. Adele Bahl, in the amount of $25.00, to cover the amount due on the unexpired portion of cigarette license No. 144. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Benedict F. Erschen, requesting a $25.00 refund on the unexpired portion of cigarette li- cense No. 176, as he has discon• tinued business on March 30, 1959, presented and read, Councilman Freund moved that the refund be granted and the Auditor instruct- ed to draw a warrant payable to Benedict F. Erschen, in the amount of $25.00, to cover the amount due on the unexpired portion of cig- arette license No. 176. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Grange J. Kohn, re- questing a $25.00 refund on the unexpired portion of cigarette li• tense No, 259, as he has discon- tinued business on March 30, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instruct- ed to draw a warrant payable to Grange J. Kohn, in the amount of $25.00, to cover the amount due on the unexpired portion of cigarette license Na. 259. Seconded by Coun• Gilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Grange J. Kohn, re• questing a $50.00 refund on the unxepired portion of Class B beer license No. 88, as he has discon- tinued business on March 30, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instruct- ed to draw a warrant payable to Grange J. Kohn, in the amount of $50.00, to cover the amount due an the unexpired portion of v. ~' a. I ~' R Special Session, March 30, 1959 175 beer license No, 88. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Jack C. Jones re- questing permission to excavate in the streets and alleys of the City, presented and read. Council- man Takos moved that the petition be granted providing a proper pol- icy is furnished. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Thomas J. Mulgrew Co. requesting the extension of the City water main beyond the City limits to serve Lot 1 Henry Zieg- lers Subdivision at the northwest corner of the intersection of As• bury and Old Timers Road, pre- sented and read. Mr. Allan T. Day- kin addressed the Council in sup- port of the petition. After consid- erable discussion Councilman Ta• kos moved that the petition be re- ferred to the Council for further study, Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takdc, Welu. Nays-None. Petition of the Ladies of the G. A, R. Shiloh Circle No, 37, re- questing permission to hold tag days on September 12th and 14th, presented and read. Mayor Kint• zinger moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of G. J. Hohnecker Co. and Crescent Realty Corporation, requesting the vacation of an alley in Block 24 in Dubuque Harbor Company Addition, running north and south between Railroad Ave• nue and Camp streets, presented and read. Councilman Welu moved that the petition be referred to the Planning & Zoning Camrnis- sion. Seconded by Councilman Ta• kos. Carried by the f®llowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Thomas L. Gavin et al requesting the completion of the storm sewer between McPoland and Marmora avenues, presented and read. Mr. Tam Gavin addressed the Council in support of the petition. Mayor Kintzinger moved that the petition be referred to the Man- ager for investigation and report and also that the Council view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Dubuque County Farm Bureau requesting permis- sion to make water connection with the existing main at the corner of Asbury and Old Timers Road to service a proposed new office building just outside of the City Limits, presented and read. Councilman Takos moved that the petition be referred to the Council for further study. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Edwin Ploessl et al requesting that Carlton Avenue be improved with curb and gutter, presented and read. Mayor Kint- zinger moved that the petition be referred to the City Manager for investigation and report. Seconded by CouncIlman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- 'cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Margaret Steichen requesting permission to construct a private eight inch sanitary sewer in Roosevelt street to serve Stei- chen Subdivision, presented and read. Councilman Schueller moved that the petition be granted and that proper ordinance be prepared. 176 Special Session, March 30, 1959 Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Merlin F. Goerdt, re- questing permission to excavate in the streets and alleys of the City, presented and read. Council- man Welu moved that the peti- tion be granted providing proper policy is furnished. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Mrs. F. L. Specht of 95 Valley street requesting con- sideration in cleaning up the up• per end of Quinn Street in order to make is useable at least for walking to be able to get up to Rush street, presented and read. Mr. Frank Specht addressed the Council in support of the petition. Councilman Schueller moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Westchester Inc, for the extension of sewer and water connections to the present utilities on the Peter M. Pfohl farm at the corner of Asbury and Old Timers Road, presented and read. Council• man Takos moved that the peti- tion be referred to the Council for further study. Seconded by Coun- cilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Francis Kohl et al requesting the installation of a street light on Stafford avenue be- tween Edison and Merz street, presented and read. Mayor Kint- zinger moved that the petition be referred to the City Manager and Electrical inspector for investiga- tion and report, Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0.65d9 Resolution commending the Po- lice Department on the excel- lent manner they conducted themselves February 26, 1959, in rescuing two boys from a cave. WHEREAS, on the nights of February 25th and February 26th, members of the night shift of the Police Department under Captain Byrne O'Brien rescued two bo§s trapped in a cave south of Dodge Street, and WHEREAS, the rescue of these boys was made possible by search- ing through an old cave without regard to their own safety, BE IT RESOLVED by the City Council of the City of Dubuque that the Police Department and es- pecially the night shift are hereby commended for their diligent ef- fort and action in the rescue of Thomas Tierney and Gary Potter the morning of February 26, 1959. Passed, adopted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 27, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 2 inclusive showing a schedule of the proposed valua- tions and proposed assessment for the Southern Avenue Sanitary Sewer-Bid Section No. 1 and Bid Section No. 2. Submitted this 30th day of March, 1959. K. J. CULLEN, City Engineer t• sr ' ~' l ~~ I I,j Special Session, March 30, 1959 177 Councilman Freund moved that the communication be received and filed, Seconded by Mayor Kint- zinger. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 6659 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 2 inclusive are hereby determined to be the sched- ule of proposed assessments for the Southern Avenue Sanitary Sew• er Bid Section No. i and Bid Sec- tion No, 2. Passed, adopted and approved this 30th day of March, 1959. CHARLES A. I';INTZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO. 67.59 Preliminary approval of plans, specifications, form of contract and plat and schedule and all other documents for the construction of an 8" sanitary sewer in Southern Avenue Bid Section No. 1 and No, 2; Bid Section No. l-from the City corporation limit abutting lot No. 1 of i Mineral Lot 5 and No. 4 of Mineral Lot 6 thence northerly in Southern Avenue to Lot No. 7 of Mineral Lot 24; and from the centerline of Southern Avenue to the westerly end of Dunleith Street; and from the centerline of Southern avenue westerly through Lot No. 5 and Lot No. 6 of Jacob- son Heights to Lot No. 5 of Jacob• son Heights thence northerly through Lots No. 1, 2, 3, 4 and 5 of Jacobson Heights to the north prop- trey line of Lot No. 1 of Jacobson Heights; Bid Section No. 2 for the construction of an eight inch (8") sanitary sewer in and along Southern Avenue from the City Corporation limit abutting Lot No. l of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence southerly in Southern Avenue to a junction with the Catfish Creek sanitary sewer line opposite Lot No. 1 of the Rockdale Addition, at an estimated cost of $46,023.27, pre- sented and read. Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO.6EF59 WHEREAS, 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 Du• buque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be asses• sed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there• of which is estimated to be as• sessed against each lot, for the Southern Avenue Sanitary Sewer Bid Section No. l-Bid Section No. 2. Bid Section No. 1 For the construction of an eight inch (8") Sanitary Sewer along Southern Avenue from the City Corporation Limit abutting lot No. 1 of 1 of Mineral Lot 6 and Lot No. 4 of Mineral Lot 6 thence northerly in Southern Av- enue to Lot No. 7 of Mineral Lot 24; and from the Centerline of Southern Avenue to the westerly end of Dunleith Street; and from the centerline of Southern Avenue Westerly through Lot No. 5 and Lot No. 6 of Jacobson Heights to Lot No. 5 of Jacobson Heights thence northerly through Lots No. 178 Special Session, March 30, 1959 1, 2, 3, 4, and 5 of Jackson Heights to the North Property Line of Lot No. 1 of Jacobson Heights. Bid Section No. 2 For the construction of an eight inch (8") Sanitary Sewer in and along Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence southerly in Southern Av- enue to a junction with the Catfish Creek Sanitary Sewer Line op- posite Lot No. 1 of the Rockdale Addition. BE IT 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 property owners at the time of the final con- sideration of this proposed resolu• lion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there• fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, or partly out of each of said funds. Sewer 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 Ctiy Clerk this 30th day of March, 1959. Approved and placed on file for final action. Approved CHARLES A, KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS, Councilmen. Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the approval of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, (Fixing date of hearing) RESOLUTION NO. 69.59 WHEREAS, the City Council of Dubuque, Iowa, has by Resolution No. 67-59 given its preliminary 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 Southern Av- enue Sanitary Sewer-Bid Section Na. 1-Bid Section No. 2, Bid Section No. 1 For the construction of an eight inch (8") Sanitary Sewer in South- ern Avenue from the City Corpora- tion Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence northerly in Southern Avenue to Lot No. 7 of Mineral Lot 24; and from the cen- terline of Southern Avenue to the westerly end of Dunleith Street; and from the centerline of South- ern Avenue westerly through Lot No. 5 and No. 6 of Jacobson Heights to Lot No. 5 of Jacobson Heights thence northerly through Lots No. 1, 2, 3, 4 and 5 of Jacob- son Heights to the North Property Line of Lot No. 1 of Jacobson Heights. Bid Section No. 2 For the Construction of an eight inch (8") Sanitary Sewer in and along Southern Avenue from the City Corporation Limit abutting Lot No, 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence southerly in Southern Av- enue to a junction with the Cat- fish Creek Sanitary Sewer Line op• Special Session, March 30, 1959 179 posite Not No. 1 of the Rockdale Addition. and, WHEREAS, the proposed Resolu- lion of Necessity for said improve- ment has been introduced and is noly on file in the City Clerk's of- fice for public inspection. BE IT THEREFORE RESOLVED that on the 4th day of May, 1959, a public hearing will be held at 7:30 o'clock P. M, in the Council Chamber in the City of Dubuque ~ at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at i 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 be published in some newspaper published in the city of Dubuque, the last of which shall be not less r than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- ~ lion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such ~ objections and enter on record its final decision thereon. Passed, adopted and approved this 30th day of March, 1959. ~ CHARLES A, KINTZINGER w ' Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS, Councilmen. ' Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried ' by the following vote: Yeas-Mayor Kintzinger, Coun- I cilmen Freund, Schueller, Takos, Welu, Nays-None. r I March 27, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is a subdivision plat of David Place. This subdivi- sion is located on Kane Street in the 1500 block. This subdivision was approved by the Planning & Zoning Com- mission March 25, 1959. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. RESOLUTION N0.10.59 RESOLUTION Approving Plat of DAVID PLACE. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Willy Place in the City of Dubuque, Iowa is platted as DAVID PLACE. and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en• dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re• lating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above des• cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 30th day of March A. D., 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J, TAKOS, Councilmen 180 Special Session, March 30,1959 Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. March 30, 1959 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 improvement of Marquette Place with Bitumin- ous Concrete Paving. Submitted March 30th, 1959. K. J. Cullen, City Engineer Mayor Kintzinger moved that the communication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 71.59 BE 1T RESOLVID BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section i. That the attached sheet isc hereby determined to be the schedule of proposed assessment for the improvement of Marquette Place with Bituminous Concrete Paving. Adopted this 20th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilmen Welu moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 72.59 Preliminary approval of the pro• posed plans, specifications, form of contract, plat and schedule, and all other documents contained herein for the improvement of Marquette Place with Bituminous Concrete paving from the end of existing concrete paving at the south property line of Lot 2 of 2 of 3 of Audubon Addition to the east property line of 308 of Glendale Add. No. 3, at estimated cost of $1,876.05, presented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yets-Mayor Kintzinger, Coun- cilman Freund, Schueller, Takos, Welu. Nays-None. (Neceuity for Improvement) RESOLUTION N0. 73.59 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Du- buque 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, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of Marquette Place with Bituminous Concrete Paving from the end of existing concrete paving at the South Property Line of Lot 2 of 2 of 3 of Audubon Add, to the East Property Line of Lot 308 of Glendale Add. No. 3, BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable a n d necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the ~; I. Special Session, March 30, 1959 181 City Clerk objections to the P amount of the proposed assess- c ments, they shall be deemed to i have waived all objections thereto, f Said improvements shall be con• strutted and done in accordance with the plans and specifications t which have been prepared there- fore by the City Enginee he C t have been approved by Y 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, property will be assessed whether the same abuts thereon ar is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the Street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company The above resolution was intro- doted, approved and ordered placed on file, with the City Clerk this 90th day of March, 1959. Approved and placed on file for final action. Approved ZINGER CHARLES A. KINT Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the ap• proval of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun cilmen Freund, Schueller, Takos Welu. Nays-None. (fixing date of hearing} RESOLUTION N0.7454 WHEREAS, the City Council o the City of Dubuque, Iowa, has b Resolution No. 7259 given its pr liminary approval on the proposed tans specifications and form of ontract and placed same on Elie n the office of the City clerk or public inspection, for the im- provement of Marquette Place with Bituminous Concrete Paving from he end of existing concre IJne of at the South Property Lot 2 of 2 of 3 of Audubon Add. to the East Property Line of Lot 308 of Glendale Add. No. 3 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now an file in the City Clerk's office for public inspec- tion. BE IT THEREFORE RESOLVED that on the 4th day of May 1959, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque erty subject tot assessment for the proposed improvement may appear and make objection to the pro posed plans and specifications and proposed form of contract and at the same time to the boandaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any loto~ad to~thu~as saof of the prop Necessity and the City Clerk be and be is hereby directed dace of a notice of the time and p such hearing to 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 considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon Passed, adopted and approved - this 30th day of March, 1959. , CHARLES A. RINTZINGER Mayor GFARGE A. FREUND LEO N. SCHUELLER ~gENCE P. WELD f PETER J. TAROS y Councilmen e• Attest: LEO F. FROMMELT City Clerk ~~~~~~~~~ nunn.uimiuunu 182 Special Session, March 30, 1959 Councilman Schueller moved the adoption of the resolution. Sec• onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, RESOLUTION N0. 15.59 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Herman A. Buttikofer, 399 East 20th St. Nona A. Cody, 253 West 1st St. Alice H. Erschen, 2620 Univer- sity Ave. Andrew D, Karigan, 2199 Uni- versity Ave. Chris K. Koleas, 605 Main St. BE IT FURTHER RESOLVID that the bonds filed with the applications be approved. Passed, adopted and approved this 30th day of March, 1959. GEORGE A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 76.59 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE 1T 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. CLASS "B" PERMIT Donald P. Birkett, 1064 Univer• sity Ave. Robert A, Brillhart, 336 Main St. Louis T. Bournias, 760 East 16th St. Nona G. Cody, 253 West 1st St. Florance Deutsch, 1298 Main St. Alma Henkel, 241 Main St. Laverne Jorgenson, 649 East 16th St. Raymond B. McLaughlin, 2222 Central Ave, Albert Metcalf, 400 C e n t r a l Ave. Ione Miller, 1322 Central Ave. Clifford Steffen, 1103 Iowa St. Clarence Welke, 2093 Washing- ton St. Sylvester A. Weiner, 201 East 22nd St. Louis J. Wright, 2800 Jackson St. Alice H. Erschen, 2620 Univer- sity Ave. Robert J. Fury, 475 Central Ave. Herman A. Buttikofer, 399 East 20th St. CLASS "C" PERMIT Anthony L, Fecker, 2119 Rhom- berg Ave. Clarence J. Kipper, 1585 Delhi St. William J. White, 1993 Asbury St. Tenenbom's Super Market, Inc., 200 South Locust St. BE IT FURTHER RESOLVID that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 30th day of March, 1959. CHARLES A. KIIQTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAK05 Coundlmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor I{intzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 71.59 WHEREAS, heretofore applica- tions for Beer Permits were filed Special Session, March 30,1959 183 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 following named applicants a Beer Permit. CLASS "B" PERMIT Donald P. Birkett, 1064 Univer- sity Ave. Robert A. Brillhart, 338 Main St. Louis T. Bournias, 780 East 18th St. Nona G. Cody, 253 West 1st St. Florance Deutsch, 1298 Main St. Alma Henkel, 241 Main St. ~ Laverne Jorgenson, 849 East I 18th St. Raymond B. McLaughlin, 2222 Central Ave. Albert Metcalf, 400 Central Ave. ~ ~ Ione Miller, 1322 Central Ave. µ~ ; Clifford Steffen, 1103 Iowa St. Clarence Welke, 2093 Washing- tan St. . Sylvester A. Weiner, 201 East 22nd St. Louis J. Wright, 2800 Jackson St. j Alice H. Erschen, 2820 Univer• I sity Ave. Robert J. Fury, 475 Central Ave. Herman A. Buttikofer, 399 East ,~w °Ath St. CLASS °C" PERMIT ' Anthony L. Fecker, 2119 Rhom- berg Ave. Clarence J. Kipper, 1585 Delhi St. '~ William J. White, 1993 Asbury ~ St. ~ Tenenbom's Super Market, Inc., 200 South Locust St. Passed, adopted and approved '• ' this 30th day of March, 1959. CHARLES A. KDQTZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARINCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Ben F. Erschen, holder of beer license No. 107, was convicted of selling beer to a Honor on March 27, 1959. I recommend That the license of Ben F. Erschen be revoked and the Police Chief be directed to pick up the license of Mr. Erschen. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kiatzinger, Coua- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0.78.59 WHEREAS, this Council on the 3rd day of November, 1958, caused to be issued a Class "B" Beer Permit bearing the Number 107, to Ben F. Erschen of Dd~ buque, Iowa operating at 2620 University Avenue in the City of Dubuque; WHEREAS, it has come to the attention of this Council that the owner of said permit has been found guilty of violating the Beer Ordinance of the City of Dubuque passed pursuant to Chapter 124 of the Code of Iowa; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that Class "B" Beer Permit No. 107 hereto• fore issued to Ben F. Erschen of Dubuque, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancellation. 1$4 Special Session, March 30,1959 Passed, adapted and approved this 30th day of March, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHITl;LLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO 1". FROMDdELT City Clerk Councilman Welu moved t h e adoption of the resolution. Sea onded by Councilman Freund. Carried by the following vote: Yeas---Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman gVela moved that Mr. Arnold Caitham be appointed to the Dock Commission to No• umber 28, 1961, to fill the posi- tion vacated by A. Y. McDonald Jr. and that a letter of commen- dation be sent to A. Y. McDonald Jr. for the excellent job per- formed while a member of the Dock Commission. There being no further busi• ness Councilman Freund moved to adjourn. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays--None. LFA F. FROMMELT City Clerk. Approved .......................... 1859. Adopted ............................ 1959. (iOatMllm@n ....................... ......... Attest ................................................ City Clerk ~~ 7 ~i ~l I .~. I ~: ~~ ~" i,~. Regular Session, April 6, 1959 185 CITY COUNCIL (OFFICIAL) Regular Session, April 6, 1959. Council met at 7:30 P. M. Present -Mayor Kintzinger, Councilmen Freund, Schueller, Ta- kos, Welu. City Manager Schiltz. Mayor Kintzinger read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. April 6, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor: SIDEWALK Richard Anthony, United States Fidelity & Guaranty Company Cyril Hanten, Bond No. 630908.59, Western Surety Company Respectfully submitted, L. J. SCHII.TZ City Manager Councilman Takos moved that the policies be filed subject to the approval of the City Solicitor. Sec- onded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. April 6, 1959 To the Honorable Mayor and City Council Dubuque, Iowa I am submitting for your ap- proval an amendment to Ordi- nance 21.55 which prohibits the discharge of air conditioning wa- ter into the sanitary sewer sys- tem when the rate of discharge exceeds 5 gallons per minute. It also provides that the water may not be discharged on a public street, alley, walkway or public property. The discharge of air condition- ing water into a storm sewer is authorized and the water from the public water supply so used can be metered to determine the amount deductable for determin- ing sewer service charges. This proposed ordinance will re- lieve the sanitary sewage systems of this waste water, help conserve the water supply and eliminate the discharge of air conditioning water in the streets. I recommend the adoption of this ordinance. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu: Nays-None. ORDINANCE N0. 16.59 An Ordinance Amending the Plumbing Ordinance No. 21.55 by Adding Section 33B prohibiting the discharge of air conditioning water, drip pans, refrigeration wa- ter or cooling tower water into the Public Sanitary Sewer System and its contributories, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Takos moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, ORDINANCE NO. 16.59 An Ordinance Amending t h e Plumbing Ordinance No. 21.55 by Adding Section 38B prohibiting the discharge of air conditioning wa- ter, drip pane, refrigeration water or cooling tower water into the Public Sanitary Sewer System and ita contributories. WHEREAS, the operation of wa- ter cooled reirigeratora, air condi- tioners, and other types of water cooling equipment hoe rapidly in- creased and now involvee the use of water in quantities never be- fore anticipated, thereby placing